For Staff
- Helpful Links
- Payroll and Benefits
- Accounts Payable
- FMLA
- Health and Wellness Center
- Employee Assistance Program
- Annual Notices
- Employee Handbook
Helpful Links
Curriculum & Instruction Resources
Employee Handbook - see tab on this page.
2024 – 25 Hourly Employee Payroll Schedule and Deadlines - see Payroll and Benefits Tab
Payroll and Benefits
- Employee Benefits
- Employment Forms
- Flexible Spending (FSA)
- Skyward Training
- 2025-26 Payroll Schedule and Deadlines
Employee Benefits
Employment Forms
Tax Sheltered Annuity Participation (403b)
Below you will find the application for participation in the South Milwaukee School District's Tax Sheltered Annuity program. This program gives employees the opportunity to invest a portion of their earnings for retirement. In order to enroll in the program the employee must choose one of the six district approved vendors listed below. The employee should contact the vendor to set up an investment account. They will also need to complete the Salary Reduction Agreement and turn it into the Business Office. Any questions regarding the Tax Sheltered Annuity program can be directed to Blaise Paul, Director of Business Services.
TAX SHELTERED ANNUITY VENDOR LIST
- Voya Financial (fka Aetna Ins & fk ING Financial Services) Philip Barth (414-256-2181)
10700 W Research Dr. Ste 190 Mayfair Woods Research Park Milwaukee, WI 53226
- Ameriprise, Inc. (fka American Express Financial Advisors & fka IDS) Mark Karpfinger (262-641-4100)
mark.a.karpfinger@ampf.com 175 N. Patrick Blvd Brookfield, WI 53045-5857
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AXA Equitable
John Plumley (262-268-9900) john@lakefg.com
Lake Financial Group 102 E. Pier St
Port Washington, WI 53074
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Metropolitan Life/Metlife Resources
WestPoint Financial Group Bryan Gosda (414-615-4898) bgosda@financialguide.com
9000 West Chester Street, Ste 100
Milwaukee, WI 53214
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WEA Member Benefits
(800-279-4030)
P.O. Box 7893
Madison, WI 53707
- Wisconsin Deferred Compensation Program - 457(b) Department of Employee Trust Funds (877-457-9327) wdcquestions@empower-retirement.com
5325 Wall Street, Suite 2755
Madison, WI 53718
Flexible Spending (FSA)
(Employees may deduct funds from their gross pay (Pretax) to be used on eligible dependent care or health related purchases or payments)
Dependent Care
Health Care
Claims Filing
Skyward Training
2025-26 Payroll Schedule and Deadlines
| Payroll Date | Pay Period for Time Worked |
TIME CARD DEADLINE (Tuesday @ Noon) |
| Payroll Date | ||
| July 25, 2025 | 06/29-07/12 | July 15, 2025 |
| August 8, 2025 | 07/13-07/26 | July 29, 2025 |
| August 22, 2025 | 07/27-08/09 | August 12, 2025 |
| September 5, 2025 | 08/10-08/23 | August 26, 2025 |
| September 19, 2025 | 08/24-09/06 | September 09, 2025 |
| October 3, 2025 | 09/07-09/20 | September 23, 2025 |
| October 17, 2025 | 09/21-10/04 | October 7, 2025 |
| October 31, 2025 | 10/05-10/18 | October 21, 2025 |
| November 14, 2025 | 10/19-11/01 | November 4, 2025 |
| November 28, 2025 | 11/02-11/15 | November 18, 2025 |
| December 12, 2025 | 11/16-11/29 | December 2, 2025 |
| December 26, 2025 | 11/30-12/13 | December 16, 2025 |
| January 9, 2026 | 12/14-12/27 | December 30, 2025 |
| January 23, 2026 | 12/14-12/27 | January 13, 2026 |
| February 6, 2026 | 01/11-01/24 | January 27, 2026 |
| February 20, 2026 | 01/25-02/07 | February 10, 2026 |
| March 6, 2026 | 02/08-02/21 | February 24, 2026 |
| March 20, 2026 | 02/22-03/07 | March 10, 2026 |
| April 3, 2026 | 03/08-03/21 | March 24, 2026 |
| April 17, 2026 |
03/22-04/04 |
April 7, 2026 |
| May 1, 2026 | 04/05-04/18 | April 21, 2026 |
| May 15, 2026 | 04/19-05/02 | May 5, 2026 |
| May 29, 2026 | 05/03-05/16 | May 19, 2026 |
| June 12, 2026 | 05/17-05/30 | June 2, 2026 |
| *June 26, 2026* | 05/31-06/13 | June 16, 2026 |
| July 10, 2026 | 06/14-06/27 | June 30, 2026 |
| July 2, 2026 | 06/28-07/11 | July 1, 2026 |
Accounts Payable
FMLA
What is FMLA?
The federal and state Family and Medical Leave Acts (FMLA) are a set of laws that allows qualified employees to take a specific amount of unpaid leave with job protection. An employee's accumulated sick leave, vacation time, or personal days may be used during time out due to FMLA.
Leave will be granted for any of the following reasons:
- The birth of a child and to bond with the newborn child within one year of birth.
- The placement with the employee of a child for adoption or foster care and to bond with the newly placed child within one year of placement.
- A serious health condition that makes the employee unable to perform the functions of his/her job, including incapacity due to pregnancy and for prenatal medical care.
- To care for the employee’s spouse, son or daughter, or parent who has a serious health condition (including incapacity due to pregnancy and for prenatal medical care).
- To care for the employee’s domestic partner or parent-in-law who has a serious health condition (WI only).
FMLA was amended in 2008 and now permits a spouse, son, daughter, parent or next of kin to take up to 26 workweeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.
FMLA Forms
Frequently asked questions
- WHO IS ELIGIBLE TO TAKE FMLA?
- HOW DO I TAKE FMLA LEAVE?
- DO I NEED A DOCTOR’S NOTE WHILE ON FMLA?
- DO I HAVE TO REQUEST FMLA?
- HOW MUCH FMLA CAN I USE?
- DO I GET PAID WHILE ON FMLA?
- DO I GET TO KEEP MY BENEFITS WHILE ON FMLA?
- WHO PAYS MY PORTION OF MY BENEFITS WHILE I’M ON FMLA?
- IF I ONLY WORK 10 MONTHS A YEAR, HOW DOES THE SUMMER AFFECT MY FMLA LEAVE?
- DOES MY EMPLOYER HAVE TO GIVE ME MY SAME JOB BACK WHEN I RETURN?
- HOW MANY TIMES CAN I TAKE FMLA?
- DO HOLIDAYS AND SCHOOL VACATIONS COUNT TOWARD MY 12 WEEKS?
- WHERE CAN I FIND OUT MORE ABOUT FMLA?
WHO IS ELIGIBLE TO TAKE FMLA?
HOW DO I TAKE FMLA LEAVE?
DO I NEED A DOCTOR’S NOTE WHILE ON FMLA?
DO I HAVE TO REQUEST FMLA?
HOW MUCH FMLA CAN I USE?
DO I GET PAID WHILE ON FMLA?
DO I GET TO KEEP MY BENEFITS WHILE ON FMLA?
WHO PAYS MY PORTION OF MY BENEFITS WHILE I’M ON FMLA?
IF I ONLY WORK 10 MONTHS A YEAR, HOW DOES THE SUMMER AFFECT MY FMLA LEAVE?
DOES MY EMPLOYER HAVE TO GIVE ME MY SAME JOB BACK WHEN I RETURN?
HOW MANY TIMES CAN I TAKE FMLA?
DO HOLIDAYS AND SCHOOL VACATIONS COUNT TOWARD MY 12 WEEKS?
Schools, like other employers, can only count leave time as FMLA leave when the employee would be otherwise working. For example, teachers typically are not required to work during the spring, summer, and winter breaks. Thus, if the employee took FMLA leave before one of these breaks, the period of the break does not count as FMLA leave weeks for that employee.
Example: Teacher takes FMLA during the week between December 24 and January 1. That week of winter break would not be counted as FMLA.
Since clerical, maintenance, security, and some administrative employees are required to work some or all of the periods of summer, winter, and spring breaks, these weeks would be counted as FMLA leave for those employees. Weeks in which the school is open for a portion of the week, such as Thanksgiving week and President's Day week, would be counted toward FMLA leave for all employees.
WHERE CAN I FIND OUT MORE ABOUT FMLA?
Visit the website US Department of Labor The Family and Medical Leave Act (FMLA)
Health and Wellness Center
The SM Health & Wellness Center is available to all employees, spouses and dependents on the district's insurance plan and employees who work at least 3.5 hours per day who are not on the district's insurance plan. The SM Health & Wellness Center offers many services including no cost visits, no cost prescriptions, first-aid, wellness programs, physicals, chronic condition management, coordination with your primary care physician, diagnosis and treatment of acute conditions, among others.
Visit the SM Health and Wellness Center Website for more information, including hours and contact information.
Wellness Center Hours
Cudahy:
Hours of Operation:
Monday: 7-11:30 a.m.
Tuesday: 12-4 p.m.
Wednesday: 12-4 p.m.
Thursday: 7-12 p.m.
Friday: 10 a.m.-12:30 p.m.
South Milwaukee:
Hours of Operation:
Monday: 12-4:30 p.m.
Tuesday:7-11:30 a.m.
Wednesday: 7-11:30 a.m.
Thursday: 12:30-4:30 p.m.
Friday: 7-9:30 a.m.
Employee Assistance Program
How does it work?
Help begins when a family member calls the program. Based on your needs you will:
- Be connected with a counselor who will consult with you.
- Schedule an appointment with a counselor for you or your family.
- Be assisted with an insurance or community-based referral, if your situation requires further treatment or additional resources.
When should I seek help?
What are typical concerns?
Who should I contact?
Call 800-236-3231 and identify yourself as eligible for Employee Assistance Program services through the School District of South Milwaukee.
All services are confidential. No information about you or your family situation will be shared with school personnel without your permission.
Annual Notices
Dear School District of South Milwaukee Health Care Plan Participant:
Below please find the School District of South Milwaukee 2024-2025 Annual Notices for our Health Care Plan participants.
Included are:
Women’s Health and Cancer Rights Act (WHCRA)
Children’s Health Insurance Program (CHIP)
Affordable Care Act Marketplace Options
Certificate of Creditable Prescription Drug Coverage
Privacy Notice
Nondiscrimination, Languages, and Accessibility Notice 2024-
- Important Notice from School District of South Milwaukee About Your Prescription Drug Coverage and Medicare (Updated 3/2025)
- Notice of Privacy Practices (Updated 3/2025)
- WOMEN’S HEALTH AND CANCER RIGHTS ACT (Updated 3/2025)
- Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP) (Updated 3/2025)
- New Health Insurance Marketplace Coverage Options and Your Health Coverage (Updated 3/2025)
Important Notice from School District of South Milwaukee About Your Prescription Drug Coverage and Medicare (Updated 3/2025)
Important Notice from School District of South Milwaukee About
Your Prescription Drug Coverage and Medicare
Please read this notice carefully and keep it where you can find it. This notice has information about your current prescription drug coverage with School District of South Milwaukee and about your options under Medicare’s prescription drug coverage. This information can help you decide whether or not you want to join a Medicare drug plan. If you are considering joining, you should compare your current coverage, including which drugs are covered at what cost, with the coverage and costs of the plans offering Medicare prescription drug coverage in your area. Information about where you can get help to make decisions about your prescription drug coverage is at the end of this notice.
There are two important things you need to know about your current coverage and Medicare’s prescription drug coverage:
1. Medicare prescription drug coverage became available in 2006 to everyone with Medicare. You can get this coverage if you join a Medicare Prescription Drug Plan or join a Medicare Advantage Plan (like an HMO or PPO) that offers prescription drug coverage. All Medicare drug plans provide at least a standard level of coverage set by Medicare. Some plans may also offer more coverage for a higher monthly premium.
2. School District of South Milwaukee has determined that the prescription drug coverage offered by the [UnitedHealth care plan] is, on average for all plan participants, expected to pay out as much as standard Medicare prescription drug coverage pays and is therefore considered Creditable Coverage. Because your existing coverage is Creditable Coverage, you can keep this coverage and not pay a higher premium (a penalty) if you later decide to join a Medicare drug plan.
When Can You Join A Medicare Drug Plan?
You can join a Medicare drug plan when you first become eligible for Medicare and each year from October 15th to December 7th.
However, if you lose your current creditable prescription drug coverage, through no fault of your own, you will also be eligible for a two (2) month Special Enrollment Period (SEP) to join a Medicare drug plan.
What Happens To Your Current Coverage If You Decide to Join A Medicare Drug Plan?
If you decide to join a Medicare drug plan, your current School District of South Milwaukee coverage will not be affected. Your current coverage pays for other health expenses in addition to prescription drugs. If you enroll in a Medicare prescription drug plan, you and your eligible dependents will still be eligible to receive all of your current health and prescription drug benefits.
If you do decide to join a Medicare drug plan and drop your current School District of South Milwaukee coverage, be aware that you and your dependents may not be able to get this coverage back.
When Will You Pay A Higher Premium (Penalty) To Join A Medicare Drug Plan?
You should also know that if you drop or lose your current coverage with School District of South Milwaukee and don’t join a Medicare drug plan within 63 continuous days after your current coverage ends, you may pay a higher premium (a penalty) to join a Medicare drug plan later.
If you go 63 continuous days or longer without creditable prescription drug coverage, your monthly premium may go up by at least 1% of the Medicare base beneficiary premium per month for every month that you did not have that coverage. For example, if you go nineteen months without creditable coverage, your premium may consistently be at least 19% higher than the Medicare base beneficiary premium. You may have to pay this higher premium (a penalty) as long as you have Medicare prescription drug coverage. In addition, you may have to wait until the following October to join.
For More Information About This Notice Or Your Current Prescription Drug Coverage…
Contact the person listed below for further information. NOTE: You’ll get this notice each year. You will also get it before the next period you can join a Medicare drug plan, and if this coverage through School District of South Milwaukee changes. You also may request a copy of this notice at any time.
For More Information About Your Options Under Medicare Prescription Drug Coverage…
More detailed information about Medicare plans that offer prescription drug coverage is in the “Medicare & You” handbook. You’ll get a copy of the handbook in the mail every year from Medicare. You may also be contacted directly by Medicare drug plans.
For more information about Medicare prescription drug coverage:
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Visit www.medicare.gov
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Call your State Health Insurance Assistance Program (see the inside back cover of your copy of the “Medicare & You” handbook for their telephone number) for personalized help
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Call 1-800-MEDICARE (1-800-633-4227). TTY users should call 1-877-486-2048.
If you have limited income and resources, extra help paying for Medicare prescription drug coverage is available. For information about this extra help, visit Social Security on the web at www.socialsecurity.gov, or call them at 1-800-772-1213 (TTY 1-800-325-0778).
|
Remember: Keep this Creditable Coverage notice. If you decide to join one of the Medicare drug plans, you may be required to provide a copy of this notice when you join to show whether or not you have maintained creditable coverage and, therefore, whether or not you are required to pay a higher premium (a penalty). |
Date: February 17, 2025
Name of Entity/Sender: School District of South Milwaukee
Contact--Position/Office: Gaye Tonar – Payroll & Benefits Specialist
Address: 901 15th Avenue, South Milwaukee, WI 53172
Phone Number: (414) 766-5025
Notice of Privacy Practices (Updated 3/2025)
Notice of School District of South Milwaukee
Health Information Privacy Practices
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
|
The effective date of this Notice of School District of South Milwaukee Health Information Privacy Practices (the “Notice”) is February 17, 2025. |
The School District of South Milwaukee (the “Plan”) provides health benefits to eligible employees of the District (the “Company”) and their eligible dependents as described in the summary plan description(s) for the Plan. The Plan creates, receives, uses, maintains and discloses health information about participating employees and dependents in the course of providing these health benefits.
For ease of reference, in the remainder of this Notice, the words “you,” “your,” and “yours” refers to any individual with respect to whom the Plan receives, creates or maintains Protected Health Information, including employees, [retirees,] and COBRA qualified beneficiaries, if any, and their respective dependents.
The Plan is required by law to take reasonable steps to protect your Protected Health Information from inappropriate use or disclosure.
Your “Protected Health Information” (PHI) is information about your past, present, or future physical or mental health condition, the provision of health care to you, or the past, present, or future payment for health care provided to you, but only if the information identifies you or there is a reasonable basis to believe that the information could be used to identify you. Protected health information includes information of a person living or deceased (for a period of fifty years after the death.)
The Plan is required by law to provide notice to you of the Plan’s duties and privacy practices with respect to your PHI, and is doing so through this Notice. This Notice describes the different ways in which the Plan uses and discloses PHI. It is not feasible in this Notice to describe in detail all of the specific uses and disclosures the Plan may make of PHI, so this Notice describes all of the categories of uses and disclosures of PHI that the Plan may make and, for most of those categories, gives examples of those uses and disclosures.
The Plan is required to abide by the terms of this Notice until it is replaced. The Plan may change its privacy practices at any time and, if any such change requires a change to the terms of this Notice, the Plan will revise and re-distribute this Notice according to the Plan’s distribution process. Accordingly, the Plan can change the terms of this Notice at any time. The Plan has the right to make any such change effective for all of your PHI that the Plan creates, receives or maintains, even if the Plan received or created that PHI before the effective date of the change.
The Plan is distributing this Notice, and will distribute any revisions, only to participating employees [and retirees] and COBRA qualified beneficiaries, if any. If you have coverage under the Plan as a dependent of an employee, [retiree] or COBRA qualified beneficiary, you can get a copy of the Notice by requesting it from the contact named at the end of this Notice.
Please note that this Notice applies only to your PHI that the Plan maintains. It does not affect your doctor’s or other health care provider’s privacy practices with respect to your PHI that they maintain.
Receipt of Your PHI by the Company and Business Associates
The Plan may disclose your PHI to, and allow use and disclosure of your PHI by, the Company and Business Associates, and any of their subcontractors without obtaining your authorization.
Plan Sponsor: The Company is the Plan Sponsor and Plan Administrator. The Plan may disclose to the Company, in summary form, claims history and other information so that the Company may solicit premium bids for health benefits, or to modify, amend or terminate the Plan. This summary information omits your name and Social Security Number and certain other identifying information. The Plan may also disclose information about your participation and enrollment status in the Plan to the Company and receive similar information from the Company. If the Company agrees in writing that it will protect the information against inappropriate use or disclosure, the Plan also may disclose to the Company a limited data set that includes your PHI, but omits certain direct identifiers, as described later in this Notice.
The Plan may disclose your PHI to the Company for plan administration functions performed by the Company on behalf of the Plan, if the Company certifies to the Plan that it will protect your PHI against inappropriate use and disclosure.
Example: The Company reviews and decides appeals of claim denials under the Plan. The Claims Administrator provides PHI regarding an appealed claim to the Company for that review, and the Company uses PHI to make the decision on appeal.
Business Associates: The Plan and the Company hire third parties, such as a third party administrator (the “Claims Administrator”), to help the Plan provide health benefits. These third parties are known as the Plan’s
“Business Associates.” The Plan may disclose your PHI to Business Associates, like the Claims Administrator, who are hired by the Plan or the Company to assist or carry out the terms of the Plan. In addition, these Business Associates may receive PHI from third parties or create PHI about you in the course of carrying out the terms of the Plan. The Plan and the Company must require all Business Associates to agree in writing that they will protect your PHI against inappropriate use or disclosure, and will require their subcontractors and agents to do so, too.
For purposes of this Notice, all actions of the Company and the Business Associates that are taken on behalf of the
Plan are considered actions of the Plan. For example, health information maintained in the files of the Claims Administrator is considered maintained by the Plan. So, when this Notice refers to the Plan taking various actions with respect to health information, those actions may be taken by the Company or a Business Associate on behalf of the Plan.
How the Plan May Use or Disclose Your PHI
The Plan may use and disclose your PHI for the following purposes without obtaining your authorization. And, with only limited exceptions, we will send all mail to you, the employee. This includes mail relating to your spouse and other family members who are covered under the Plan. If a person covered under the Plan has requested Restrictions or Confidential Communications, and if the Plan has agreed to the request, the Plan will send mail as provided by the request for Restrictions or Confidential Communications.
Your Health Care Treatment: The Plan may disclose your PHI for treatment (as defined in applicable federal rules) activities of a health care provider.
Example: If your doctor requested information from the Plan about previous claims under the Plan to assist in treating you, the Plan could disclose your PHI for that purpose.
Example: The Plan might disclose information about your prior prescriptions to a pharmacist for the pharmacist’s reference in determining whether a new prescription may be harmful to you.
Making or Obtaining Payment for Health Care or Coverage: The Plan may use or disclose your PHI for payment (as defined in applicable federal rules) activities, including making payment to or collecting payment from third parties, such as health care providers and other health plans.
Example: The Plan will receive bills from physicians for medical care provided to you that will contain your PHI. The Plan will use this PHI, and create PHI about you, in the course of determining whether to pay, and paying, benefits with respect to such a bill.
Example: The Plan may consider and discuss your medical history with a health care provider to determine whether a particular treatment for which Plan benefits are or will be claimed is medically necessary as defined in the Plan.
The Plan’s use or disclosure of your PHI for payment purposes may include uses and disclosures for the following purposes, among others.
- Obtaining payments required for coverage under the Plan
- Determining or fulfilling its responsibility to provide coverage and/or benefits under the Plan, including eligibility determinations and claims adjudication
- Obtaining or providing reimbursement for the provision of health care (including coordination of benefits, subrogation, and determination of cost sharing amounts)
- Claims management, collection activities, obtaining payment under a stop-loss insurance policy, and related health care data processing
- Reviewing health care services to determine medical necessity, coverage under the Plan, appropriateness of care, or justification of charges
- Utilization review activities, including precertification and preauthorization of services, concurrent and retrospective review of services
The Plan also may disclose your PHI for purposes of assisting other health plans (including other health plans sponsored by the Company), health care providers, and health care clearinghouses with their payment activities, including activities like those listed above with respect to the Plan.
Health Care Operations: The Plan may use and disclose your PHI for health care operations (as defined in applicable federal rules) which includes a variety of facilitating activities.
Example: If claims you submit to the Plan indicate that you have diabetes or another chronic condition, the Plan may use and disclose your PHI to refer you to a disease management program.
Example: If claims you submit to the Plan indicate that the stop-loss coverage that the Company has purchased in connection with the Plan may be triggered, the Plan may use or disclose your PHI to inform the stop-loss carrier of the potential claim and to make any claim that ultimately applies.
The Plan’s use and disclosure of your PHI for health care operations purposes may include uses and disclosures for the following purposes.
- Quality assessment and improvement activities
- Disease management, case management and care coordination
- Activities designed to improve health or reduce health care costs
- Contacting health care providers and patients with information about treatment alternatives
- Accreditation, certification, licensing or credentialing activities
- Fraud and abuse detection and compliance programs
The Plan also may use or disclose your PHI for purposes of assisting other health plans (including other plans sponsored by the Company), health care providers and health care clearinghouses with their health care operations activities that are like those listed above, but only to the extent that both the Plan and the recipient of the disclosed information have a relationship with you and the PHI pertains to that relationship.
- The Plan’s use and disclosure of your PHI for health care operations purposes may include uses and disclosures for the following additional purposes, among others.
- Underwriting (with the exception of PHI that is genetic information) premium rating and performing related functions to create, renew or replace insurance related to the Plan
- Planning and development, such as cost-management analyses
- Conducting or arranging for medical review, legal services, and auditing functions
- Business management and general administrative activities, including implementation of, and compliance with, applicable laws, and creating de-identified health information or a limited data set
The Plan also may use or disclose your PHI for purposes of assisting other health plans for which the Company is the plan sponsor, and any insurers and/or HMOs with respect to those plans, with their health care operations activities similar to both categories listed above.
Limited Data Set: The Plan may disclose a limited data set to a recipient who agrees in writing that the recipient will protect the limited data set against inappropriate use or disclosure. A limited data set is health information about you and/or others that omits your name and Social Security Number and certain other identifying information.
Legally Required: The Plan will use or disclose your PHI to the extent required to do so by applicable law. This may include disclosing your PHI in compliance with a court order, or a subpoena or summons. In addition, the Plan must allow the U.S. Department of Health and Human Services to audit Plan records.
Health or Safety: When consistent with applicable law and standards of ethical conduct, the Plan may disclose your PHI if the Plan, in good faith, believes that such disclosure is necessary to prevent or lessen a serious and imminent threat to your health or the health and safety of others. The Plan can share health information about you for certain situations such as:
- Preventing disease
- Helping with product recalls
- Reporting adverse reactions to medications
- Reporting suspected abuse, neglect, or domestic violence
Law Enforcement: The Plan may disclose your PHI to a law enforcement official if the Plan believes in good faith that your PHI constitutes evidence of criminal conduct that occurred on the premises of the Plan. The Plan also may disclose your PHI for limited law enforcement purposes.
Lawsuits and Disputes: In addition to disclosures required by law in response to court orders, the Plan may disclose your PHI in response to a subpoena, discovery request or other lawful process, but only if certain efforts have been made to notify you of the subpoena, discovery request or other lawful process or to obtain an order protecting the information to be disclosed.
Workers’ Compensation: The Plan may use and disclose your PHI when authorized by and to the extent necessary to comply with laws related to workers’ compensation or other similar programs.
Emergency Situation: The Plan may disclose your PHI to a family member, friend, or other person, for the purpose of helping you with your health care or payment for your health care, if you are in an emergency medical situation and you cannot give your agreement to the Plan to do this.
Personal Representatives: The Plan will disclose your PHI to your personal representatives appointed by you or designated by applicable law (a parent acting for a minor child, or a guardian appointed for an incapacitated adult, for example) to the same extent that the Plan would disclose that information to you. The Plan may choose not to disclose information to a personal representative if it has reasonable belief that: 1) you have been or may be a victim of domestic abuse by your personal representative; or 2) recognizing such person as your personal representative may result in harm to you; or 3) it is not in your best interest to treat such person as your personal representative.
Public Health: To the extent that other applicable law does not prohibit such disclosures, the Plan may disclose your PHI for purposes of certain public health activities, including, for example, reporting information related to an FDA-regulated product’s quality, safety or effectiveness to a person subject to FDA jurisdiction.
Health Oversight Activities: The Plan may disclose your PHI to a public health oversight agency for authorized activities, including audits, civil, administrative or criminal investigations; inspections; licensure or disciplinary actions.
Coroner, Medical Examiner, or Funeral Director: The Plan may disclose your PHI to a coroner or medical examiner for the purposes of identifying a deceased person, determining a cause of death or other duties as authorized by law. Also, the Plan may disclose your PHI to a funeral director, consistent with applicable law, as necessary to carry out the funeral director’s duties.
Organ Donation: The Plan may use or disclose your PHI to assist entities engaged in the procurement, banking, or transplantation of cadaver organs, eyes, or tissue.
Specified Government Functions: In specified circumstances, federal regulations may require the Plan to use or disclose your PHI to facilitate specified government functions related to the military and veterans, national security and intelligence activities, protective services for the president and others, and correctional institutions and inmates.
Research: The Plan may disclose your PHI to researchers when your individual identifiers have been removed or when an institutional review board or privacy board has reviewed the research proposal and established a process to ensure the privacy of the requested information and approves the research.
Disclosures to You: When you make a request for your PHI, the Plan is required to disclose to you your medical records, billing records, and any other records used to make decisions regarding your health care benefits. The Plan must also, when requested by you, provide you with an accounting of disclosures of your PHI if such disclosures were for any reason other than Treatment, Payment, or Health Care Operations (and if you did not authorize the disclosure).
Authorization to Use or Disclose Your PHI
Except as stated above, the Plan will not use or disclose your PHI unless it first receives written authorization from you. If you authorize the Plan to use or disclose your PHI, you may revoke that authorization in writing at any time, by sending notice of your revocation to the contact person named at the end of this Notice. To the extent that the Plan has taken action in reliance on your authorization (entered into an agreement to provide your PHI to a third party, for example) you cannot revoke your authorization.
Furthermore, we will not: (1) supply confidential information to another company for its marketing purposes (unless it is for certain limited Health Care Operations); (2) sell your confidential information (unless under strict legal restrictions) (to sell means to receive direct or indirect remuneration); (3) provide your confidential information to a potential employer with whom you are seeking employment without your signed authorization; or (4) use or disclose psychotherapy notes unless required by law.
Additionally, if a state or other law requires disclosure of immunization records to a school, written authorization is no longer required. However, a covered entity still must obtain and document an agreement which may be oral and over the phone.
The Plan May Contact You
The Plan may contact you for various reasons, usually in connection with claims and payments and usually by mail.
You should note that the Plan may contact you about treatment alternatives or other health-related benefits and services that may be of interest to you.
Your Rights With Respect to Your PHI
Confidential Communication by Alternative Means: If you feel that disclosure of your PHI could endanger you, the Plan will accommodate a reasonable request to communicate with you by alternative means or at alternative locations. For example, you might request the Plan to communicate with you only at a particular address. If you wish to request confidential communications, you must make your request in writing to the contact person named at the end of this Notice. You do not need to state the specific reason that you feel disclosure of your PHI might endanger you in making the request, but you do need to state whether that is the case. Your request also must specify how or where you wish to be contacted. The Plan will notify you if it agrees to your request for confidential communication. You should not assume that the Plan has accepted your request until the Plan confirms its agreement to that request in writing.
Request Restriction on Certain Uses and Disclosures: You may request the Plan to restrict the uses and disclosures it makes of your PHI. This request will restrict or limit the PHI that is disclosed for Treatment, Payment, or Health Care Operations, and this restriction may limit the information that the Plan discloses to someone who is involved in your care or the payment for your care. The Plan is not required to agree to a requested restriction, but if it does agree to your requested restriction, the Plan is bound by that agreement, unless the information is needed in an emergency situation. There are some restrictions, however, that are not permitted even with the Plan’s agreement. To request a restriction, please submit your written request to the contact person identified at the end of this Notice. In the request please specify: (1) what information you want to restrict; (2) whether you want to limit the Plan’s use of that information, its disclosure of that information, or both; and (3) to whom you want the limits to apply (a particular physician, for example). The Plan will notify you if it agrees to a requested restriction on how your PHI is used or disclosed. You should not assume that the Plan has accepted a requested restriction until the Plan confirms its agreement to that restriction in writing. You may request restrictions on our use and disclosure of your confidential information for the treatment, payment and health care operations purposes explained in this Notice. Notwithstanding this policy, the plan will comply with any restriction request if (1) except as otherwise required by law, the disclosure is to the health plan for purposes of carrying out payment or health care operations (and it is not for purposes of carrying out treatment); and (2) the PHI pertains solely to a health care item or service for which the health care provider has been paid out-of-pocket in full.
Right to Be Notified of a Breach: You have the right to be notified in the event that the plan (or a Business Associate) discovers a breach of unsecured protected health information.
Electronic Health Records: You may also request and receive an accounting of disclosures of electronic health records made for treatment, payment, or health care operations during the prior three years for disclosures made on or after (1) January 1, 2014 for electronic health records acquired before January 1, 2009; or (2) January 1, 2011 for electronic health records acquired on or after January 1, 2009.
The first list you request within a 12-month period will be free. You may be charged for providing any additional lists within a 12-month period.
Paper Copy of This Notice: You have a right to request and receive a paper copy of this Notice at any time, even if you received this Notice previously, or have agreed to receive this Notice electronically. To obtain a paper copy please call or write the contact person named at the end of this Notice.
Right to Access Your PHI: You have a right to access your PHI in the Plan’s enrollment, payment, claims adjudication and case management records, or in other records used by the Plan to make decisions about you, in order to inspect it and obtain a copy of it. Your request for access to this PHI should be made in writing to the contact person named at the end of this Notice. The Plan may deny your request for access, for example, if you request information compiled in anticipation of a legal proceeding. If access is denied, you will be provided with a written notice of the denial, a description of how you may exercise any review rights you might have, and a description of how you may complain to Plan or the Secretary of Health and Human Services. If you request a copy of your PHI, the Plan may charge a reasonable fee for copying and, if applicable, postage associated with your request.
Right to Amend: You have the right to request amendments to your PHI in the Plan’s records if you believe that it is incomplete or inaccurate. A request for amendment of PHI in the Plan’s records should be made in writing to the contact person named at the end of this Notice. The Plan may deny the request if it does not include a reason to support the amendment. The request also may be denied if, for example, your PHI in the Plan’s records was not created by the Plan, if the PHI you are requesting to amend is not part of the Plan's records, or if the Plan determines the records containing your health information are accurate and complete. If the Plan denies your request for an amendment to your PHI, it will notify you of its decision in writing, providing the basis for the denial, information about how you can include information on your requested amendment in the Plan’s records, and a description of how you may complain to Plan or the Secretary of Health and Human Services.
Accounting: You have the right to receive an accounting of certain disclosures made of your health information. Most of the disclosures that the Plan makes of your PHI are not subject to this accounting requirement because routine disclosures (those related to payment of your claims, for example) generally are excluded from this requirement. Also, disclosures that you authorize, or that occurred more than six years before the date of your request, are not subject to this requirement. To request an accounting of disclosures of your PHI, you must submit your request in writing to the contact person named at the end of this Notice. Your request must state a time period which may not include dates more than six years before the date of your request. Your request should indicate in what form you want the accounting to be provided (for example on paper or electronically). The first list you request within a 12-month period will be free. If you request more than one accounting within a 12-month period, the Plan will charge a reasonable, cost-based fee for each subsequent accounting.
Personal Representatives: You may exercise your rights through a personal representative. Your personal representative will be required to produce evidence of his/her authority to act on your behalf before that person will be given access to your PHI or allowed to take any action for you. The Plan retains discretion to deny a personal representative access to your PHI to the extent permissible under applicable law.
Complaints
If you believe that your privacy rights have been violated, you have the right to express complaints to the Plan and to the Secretary of the Department of Health and Human Services. Any complaints to the Plan should be made in writing to the contact person named at the end of this Notice. The Plan encourages you to express any concerns you may have regarding the privacy of your information. You will not be retaliated against in any way for filing a complaint.
Contact Information
The Plan has designated Daniel Arnold, Director of Business Services, as its contact person for all issues regarding the Plan’s privacy practices and your privacy rights. You can reach him at: 901 15th Avenue, South Milwaukee, WI 53172, phone 414-766-5027, fax 414-766-5029, email darnold@sdsm.k12.wi.us
WOMEN’S HEALTH AND CANCER RIGHTS ACT (Updated 3/2025)
WOMEN’S HEALTH AND CANCER RIGHTS ACT
If you have had a mastectomy or expect to have one, you may be entitled to special rights under the Women’s Health and Cancer Rights Act of 1998 (WHCRA). The following questions and answers clarify your basic WHCRA rights.
I’ve been diagnosed with breast cancer and plan to have a mastectomy, which my plan covers. Will my health plan cover reconstructive surgery too?
- If your group health plan or health insurance company covers mastectomies, it must provide certain reconstructive surgery and other benefits related to the mastectomy, including: YOUR RIGHTS AFTER A MASTECTOMY EMPLOYEE BENEFITS SECURITY ADMINISTRATION UNITED STATES DEPARTMENT OF LABOR
- all stages of reconstruction of the breast on which the mastectomy was performed,
- surgery and reconstruction of the other breast to produce a symmetrical appearance,
- prostheses, and
- treatment of physical complications of the mastectomy, including lymphedema.
The plan must consult with you and your attending physician when determining how this coverage will be provided.
I must have a mastectomy for medical reasons, although I have not been diagnosed with cancer. Does WHCRA apply to me?
Yes, the law applies if your group health plan or health insurance company covers mastectomies and you are receiving benefits in connection with a mastectomy – whether or not you have cancer. Despite its name, nothing in the law limits WHCRA rights to cancer patients. Do all group health plans and health insurance companies have to provide reconstructive surgery benefits? Generally, WHCRA applies to all group health plans that provide coverage for medical and surgical benefits with respect to a mastectomy, as well as their insurance companies. However, there are exceptions for some “church plans” and “government plans.” If your coverage is provided by a “church plan” or “governmental plan,” check with your plan administrator.
Will I have to pay a deductible or coinsurance?
Possibly. Group health plans or health insurance companies may impose deductibles or coinsurance requirements on mastectomies and post-mastectomy treatment, but no more than those established for other benefits. In other words, the deductible for post-mastectomy reconstructive surgery should be similar to the deductible for any similar procedure covered by the plan.
Before I changed jobs, I had a mastectomy and chemotherapy which were covered under my previous employer’s plan. Now I am enrolled under my new employer’s plan and want reconstructive surgery. Is my new employer’s plan required to cover it?
If you request reconstructive surgery, your new employer’s plan generally must cover it if:
- the plan provides coverage for mastectomies, and
- you are receiving benefits under the plan that are related to your mastectomy.
- In addition, your new employer’s plan generally must cover the other benefits specified in WHCRA, even if you were not enrolled in your new employer’s plan when you had the mastectomy. The Patient Protection and Affordable Care Act includes additional protections. A group health plan generally cannot limit or deny benefits relating to a health condition that existed before you enrolled in your new employer’s plan. For more information, visit dol.gov/ agencies/ebsa/laws-and-regulations/ laws/affordable-care-act/for-workers-andfamilies or HealthCare.gov.
My employer’s group health plan provides coverage through an insurance company. After my mastectomy, my employer changed insurance companies. The new insurance company refuses to cover my reconstructive surgery. Is that legal?
Not if:
- the new insurance company provides coverage for mastectomies,
- you are receiving benefits under the plan related to your mastectomy, and
- you elect to have reconstructive surgery.
If these conditions apply, then the new insurance company must provide coverage for breast reconstruction as well as the other benefits required under WHCRA. It does not matter that you were not covered by the new company when you had the mastectomy.
I understand that my group health plan must provide me with a notice of my WHCRA rights when I enroll in the plan. What information does this notice include?
Plans must provide a notice to all employees when they enroll in the health plan that:
- describes the benefits that WHCRA requires the plan and its insurance companies to cover, which includes:
- coverage of all stages of reconstruction of the breast on which the mastectomy was performed,
- surgery and reconstruction of the other breast to produce a symmetrical appearance,
- prostheses, and
- treatment of physical complications of the mastectomy, including lymphedema;
- states that mastectomy-related benefits coverage will be provided in a manner determined in consultation with the attending physician and the patient;
- describes any applicable deductibles and coinsurance limitations that apply to the coverage specified under WHCRA. Deductibles and coinsurance limitations may be imposed only if they are consistent with those established for other benefits under the plan or coverage.
What information does the annual WHCRA notice from my health plan include?
Your annual notice should describe the four categories of coverage required under WHCRA and how to obtain a detailed description of the mastectomy-related benefits available under your plan. For example, an annual notice might look like this: “Do you know that your plan, as required by the Women’s Health and Cancer Rights Act of 1998, provides benefits for mastectomy-related services including all stages of reconstruction and surgery to achieve symmetry between the breasts, prostheses, and complications resulting from a mastectomy, including lymphedema? Call your plan administrator [phone number here] for more information.” Your annual notice may be the same notice provided when you enrolled in the plan if it contains the information described above.
My state also requires health insurance companies to cover minimum hospital stays in connection with a mastectomy (which is not required by WHCRA). If I have a mastectomy and breast reconstruction, am I also entitled to the minimum hospital stay? If your employer’s group health plan provides coverage through an insurance company, you are entitled to the minimum hospital stay required by the state law. Many state laws provide more protections than WHCRA for coverage provided by an insurance company or “insured coverage.”
|
If your employer’s group health plan provides…
|
You are entitled to… |
| Coverage through an insurance company | Federal and state protections (in states that provide them) |
| Self-insured coverage | Federal protections only |
To find out if your group health coverage is “insured” or “self-insured,” check your health plan’s Summary Plan Description (SPD) or contact your plan administrator. If your coverage is “insured” and you want to know if you have additional state law protections, contact your state insurance department.
I have health coverage through an individual policy, not through an employer. Am I covered under WHCRA?
WHCRA rights apply to individual coverage as well. These requirements are generally within the jurisdiction of the state insurance department. Call your state insurance department or the Department of Health and Human Services toll free at 1-877-267-2323, extension 6-1565, for more information.
Can I get breast cancer screening or similar preventive services for free?
Possibly. Under the Affordable Care Act, you may receive certain recommended preventive services, such as breast cancer mammography screenings for women aged 40 and older, with no copayment, coinsurance, deductible, or other cost-sharing. For more information, visit HealthCare.gov/coverage/preventive-carebenefits/. WHCRA does not require coverage for preventive services related to the detection of breast cancer.
Resources
HCRA is administered by the U.S. Departments of Labor and Health and Human Services.
Department of Labor For more information about your WHCRA rights under an employer-sponsored group health plan and other health coverage topics, visit dol.gov/agencies/ebsa. To order publications, learn more about our programs and services, or discuss questions about your benefits, contact EBSA at askebsa.dol.gov or call toll-free: 1-866444-3272.
Department of Health and Human Services For more information on WHCRA, visit www.cms.gov/CCIIO/Programs-andInitiatives/Other-Insurance-Protections/ whcra_factsheet.html or call toll-free: 1-877-267-2323, extension 6-1565.
National Association of Insurance Commissioners To find the contact information for your state office, visit naic.org/state_web_map. htm.
Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP) (Updated 3/2025)
PDF: Childrens Health Insurance Program-CHIP 2024-25
Premium Assistance Under Medicaid and the Children’s Health Insurance Program (CHIP)
If you or your children are eligible for Medicaid or CHIP and you’re eligible for health coverage from your employer, your state may have a premium assistance program that can help pay for coverage, using funds from their Medicaid or CHIP programs. If you or your children aren’t eligible for Medicaid or CHIP, you won’t be eligible for these premium assistance programs but you may be able to buy individual insurance coverage through the Health Insurance Marketplace. For more information, visit www.healthcare.gov.
If you or your dependents are already enrolled in Medicaid or CHIP and you live in a State listed below, contact your State Medicaid or CHIP office to find out if premium assistance is available.
If you or your dependents are NOT currently enrolled in Medicaid or CHIP, and you think you or any of your dependents might be eligible for either of these programs, contact your State Medicaid or CHIP office or dial 1-877-KIDS NOW or www.insurekidsnow.gov to find out how to apply. If you qualify, ask your state if it has a program that might help you pay the premiums for an employer-sponsored plan.
If you or your dependents are eligible for premium assistance under Medicaid or CHIP, as well as eligible under your employer plan, your employer must allow you to enroll in your employer plan if you aren’t already enrolled. This is called a “special enrollment” opportunity, and you must request coverage within 60 days of being determined eligible for premium assistance. If you have questions about enrolling in your employer plan, contact the Department of Labor at www.askebsa.dol.gov or call 1-866-444-EBSA (3272).
If you live in one of the following states, you may be eligible for assistance paying your employer health plan premiums.
The following list of states is current as of July 31, 2023. Contact your State for more information on eligibility –
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GEORGIA – Medicaid |
INDIANA – Medicaid |
|
GA HIPP Website: https://medicaid.georgia.gov/health insurance-premium-payment-program-hipp Phone: 678-564-1162, Press 1 GA CHIPRA Website: https://medicaid.georgia.gov/programs/third-party liability/childrens-health-insurance-program-reauthorization act-2009-chipra Phone: 678-564-1162, Press 2 |
Healthy Indiana Plan for low-income adults 19-64 Website: http://www.in.gov/fssa/hip/ Phone: 1-877-438-4479 All other Medicaid Website: https://www.in.gov/medicaid/ Phone: 1-800-457-4584 |
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IOWA – Medicaid and CHIP (Hawki) |
KANSAS – Medicaid |
|
Medicaid Website: https://dhs.iowa.gov/ime/members Medicaid Phone: 1-800-338-8366 Hawki Website: http://dhs.iowa.gov/Hawki Hawki Phone: 1-800-257-8563 HIPP Website: https://dhs.iowa.gov/ime/members/medicaid a-to-z/hipp HIPP Phone: 1-888-346-9562 |
Website: https://www.kancare.ks.gov/ Phone: 1-800-792-4884 HIPP Phone: 1-800-967-4660 |
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KENTUCKY – Medicaid |
LOUISIANA – Medicaid |
|
Kentucky Integrated Health Insurance Premium Payment Program (KI-HIPP) Website: https://chfs.ky.gov/agencies/dms/member/Pages/kihipp.aspx Phone: 1-855-459-6328 Email: KIHIPP.PROGRAM@ky.gov KCHIP Website: https://kidshealth.ky.gov/Pages/index.aspx Phone: 1-877-524-4718 Kentucky Medicaid Website: https://chfs.ky.gov/agencies/dms |
Website: www.medicaid.la.gov or www.ldh.la.gov/lahipp Phone: 1-888-342-6207 (Medicaid hotline) or 1-855-618-5488 (LaHIPP) |
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MAINE – Medicaid |
MASSACHUSETTS – Medicaid and CHIP |
|
Enrollment Website: https://www.mymaineconnection.gov/benefits/s/?language=en _US Phone: 1-800-442-6003 TTY: Maine relay 711 Private Health Insurance Premium Webpage: https://www.maine.gov/dhhs/ofi/applications-forms Phone: 1-800-977-6740 TTY: Maine relay 711 |
Website: https://www.mass.gov/masshealth/pa Phone: 1-800-862-4840 TTY: 711 Email: masspremassistance@accenture.com |
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MINNESOTA – Medicaid |
MISSOURI – Medicaid |
|
Website: https://mn.gov/dhs/people-we-serve/children-and families/health-care/health-care-programs/programs-and services/other-insurance.jsp Phone: 1-800-657-3739 |
Website: http://www.dss.mo.gov/mhd/participants/pages/hipp.htm Phone: 573-751-2005 |
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MONTANA – Medicaid |
NEBRASKA – Medicaid |
|
Website: http://dphhs.mt.gov/MontanaHealthcarePrograms/HIPP Phone: 1-800-694-3084 Email: HHSHIPPProgram@mt.gov |
Website: http://www.ACCESSNebraska.ne.gov Phone: 1-855-632-7633 Lincoln: 402-473-7000 Omaha: 402-595-1178 |
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NEVADA – Medicaid |
NEW HAMPSHIRE – Medicaid |
|
Medicaid Website: http://dhcfp.nv.gov Medicaid Phone: 1-800-992-0900 |
Website: https://www.dhhs.nh.gov/programs services/medicaid/health-insurance-premium-program Phone: 603-271-5218 Toll free number for the HIPP program: 1-800-852-3345, ext. 5218 |
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NEW JERSEY – Medicaid and CHIP |
NEW YORK – Medicaid |
|
Medicaid Website: http://www.state.nj.us/humanservices/ dmahs/clients/medicaid/ Medicaid Phone: 609-631-2392 CHIP Website: http://www.njfamilycare.org/index.html CHIP Phone: 1-800-701-0710 |
Website: https://www.health.ny.gov/health_care/medicaid/ Phone: 1-800-541-2831 |
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NORTH CAROLINA – Medicaid |
NORTH DAKOTA – Medicaid |
|
Website: https://medicaid.ncdhhs.gov/ Phone: 919-855-4100 |
Website: https://www.hhs.nd.gov/healthcare Phone: 1-844-854-4825 |
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OKLAHOMA – Medicaid and CHIP |
OREGON – Medicaid |
|
Website: http://www.insureoklahoma.org Phone: 1-888-365-3742 |
Website: http://healthcare.oregon.gov/Pages/index.aspx Phone: 1-800-699-9075 |
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PENNSYLVANIA – Medicaid and CHIP |
RHODE ISLAND – Medicaid and CHIP |
|
Website: https://www.dhs.pa.gov/Services/Assistance/Pages/HIPP Program.aspx Phone: 1-800-692-7462 CHIP Website: Children's Health Insurance Program (CHIP) (pa.gov) CHIP Phone: 1-800-986-KIDS (5437) |
Website: http://www.eohhs.ri.gov/ Phone: 1-855-697-4347, or 401-462-0311 (Direct RIte Share Line) |
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SOUTH CAROLINA – Medicaid |
SOUTH DAKOTA - Medicaid |
|
Website: https://www.scdhhs.gov Phone: 1-888-549-0820 |
Website: http://dss.sd.gov Phone: 1-888-828-0059 |
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TEXAS – Medicaid |
UTAH – Medicaid and CHIP |
|
Website: Health Insurance Premium Payment (HIPP) Program | Texas Health and Human Services Phone: 1-800-440-0493 |
Medicaid Website: https://medicaid.utah.gov/ CHIP Website: http://health.utah.gov/chip Phone: 1-877-543-7669 |
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VERMONT– Medicaid |
VIRGINIA – Medicaid and CHIP |
|
Website: Health Insurance Premium Payment (HIPP) Program | Department of Vermont Health Access Phone: 1-800-250-8427 |
Website: https://coverva.dmas.virginia.gov/learn/premium assistance/famis-select https://coverva.dmas.virginia.gov/learn/premium assistance/health-insurance-premium-payment-hipp-programs Medicaid/CHIP Phone: 1-800-432-5924 |
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WASHINGTON – Medicaid |
WEST VIRGINIA – Medicaid and CHIP |
|
Website: https://www.hca.wa.gov/ Phone: 1-800-562-3022 |
Website: https://dhhr.wv.gov/bms/ http://mywvhipp.com/ Medicaid Phone: 304-558-1700 CHIP Toll-free phone: 1-855-MyWVHIPP (1-855-699-8447) |
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WISCONSIN – Medicaid and CHIP |
WYOMING – Medicaid |
|
Website: https://www.dhs.wisconsin.gov/badgercareplus/p-10095.htm Phone: 1-800-362-3002 |
Website: https://health.wyo.gov/healthcarefin/medicaid/programs-and eligibility/ Phone: 1-800-251-1269 |
To see if any other states have added a premium assistance program since July 31, 2023, or for more information on special enrollment rights, contact either:
U.S. Department of Labor Employee Benefits Security Administration www.dol.gov/agencies/ebsa
1-866-444-EBSA (3272)
Paperwork Reduction Act Statement
U.S. Department of Health and Human Services Centers for Medicare & Medicaid Services www.cms.hhs.gov
1-877-267-2323, Menu Option 4, Ext. 61565
According to the Paperwork Reduction Act of 1995 (Pub. L. 104-13) (PRA), no persons are required to respond to a collection of information unless such collection displays a valid Office of Management and Budget (OMB) control number. The Department notes that a Federal agency cannot conduct or sponsor a collection of information unless it is approved by OMB under the PRA, and displays a currently valid OMB control number, and the public is not required to respond to a collection of information unless it displays a currently valid OMB control number. See 44 U.S.C. 3507. Also, notwithstanding any other provisions of law, no person shall be subject to penalty for failing to comply with a collection of information if the collection of information does not display a currently valid OMB control number. See 44 U.S.C. 3512.
The public reporting burden for this collection of information is estimated to average approximately seven minutes per respondent. Interested parties are encouraged to send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, Employee Benefits Security Administration, Office of Policy and Research, Attention: PRA Clearance Officer, 200 Constitution Avenue, N.W., Room N-5718, Washington, DC 20210 or email ebsa.opr@dol.gov and reference the OMB Control Number 1210-0137.
OMB Control Number 1210-0137 (expires 1/31/2026)
New Health Insurance Marketplace Coverage Options and Your Health Coverage (Updated 3/2025)
PDF: 2024-25 Marketplace Options
PART A: General Information
Even if you are offered health coverage through your employment, you may have other coverage options through the Health Insurance Marketplace (“Marketplace”).To assist you as you evaluate options for you and your family, this notice provides some basic information about the Health Insurance Marketplace.
What is the Health Insurance Marketplace?
The Marketplace is designed to help you find health insurance that meets your needs and fits your budget. The Marketplace offers "one-stop shopping" to find and compare private health insurance options in your geographic area.
Can I Save Money on my Health Insurance Premiums in the Marketplace?
You may qualify to save money and lower your monthly premium and other out-of-pocket costs, but only if your employer does not offer coverage, or offers coverage that is not considered affordable for you and doesn’t meet certain minimum value standards (discussed below). The savings on your premium that you're eligible for depends on your household income. You may also be eligible for a tax credit that lowers your costs.
Does Employment-Based Health Coverage Affect Eligibility for Premium Savings through the Marketplace?
Yes. If you have an offer of health coverage from your employer that is considered affordable for you and meets certain minimum value standards, you will not be eligible for a tax credit, or advance payment of the tax credit, for your Marketplace coverage and may wish to enroll in your employment-based health plan. However, you may be eligible for a tax credit, and advance payments of the credit, that lowers your monthly premium, or a reduction in certain cost-sharing, if your employer does not offer coverage to you at all or does not offer coverage that is considered affordable for you or meet minimum value standards. If your share of the premium cost of all plans offered to you through your employment is more than 9.12%1 of your annual household income, or if the coverage through your employment does not meet the "minimum value" standard set by the Affordable Care Act, you may be eligible for a tax credit, and advance payment of the credit, if you do not enroll in the employment-based health coverage. For family members of the employee, coverage is considered affordable if the employee’s cost of premiums for the lowest-cost plan that would cover all family members does not exceed 9.12% of the employee’s household income..12
Note: If you purchase a health plan through the Marketplace instead of accepting health coverage offered through your employment, then you may lose access to whatever the employer contributes to the employment-based coverage. Also, this employer contribution -as well as your employee contribution to employment-based coverage- is generally excluded from income for federal and state income tax purposes. Your payments for coverage through the Marketplace are made on an after-tax basis. In addition, note that if the health coverage offered through your employment does not meet the affordability or minimum value standards, but you accept that coverage anyway, you will not be eligible for a tax credit. You should consider all of these factors in determining whether to purchase a health plan through the Marketplace.
When Can I Enroll in Health Insurance Coverage through the Marketplace?
You can enroll in a Marketplace health insurance plan during the annual Marketplace Open Enrollment Period. Open Enrollment varies by state but generally starts November 1 and continues through at least December 15. Outside the annual Open Enrollment Period, you can sign up for health insurance if you qualify for a Special Enrollment Period. In general, you qualify for a Special Enrollment Period if you’ve had certain qualifying life events, such as getting married, having a baby, adopting a child, or losing eligibility for other health coverage. Depending on your Special Enrollment Period type, you may have 60 days before or 60 days following the qualifying life event to enroll in a Marketplace plan.
There is also a Marketplace Special Enrollment Period for individuals and their families who lose eligibility for Medicaid or Children’s Health Insurance Program (CHIP) coverage on or after March 31, 2023, through July 31, 2024. Since the onset of the nationwide COVID-19 public health emergency, state Medicaid and CHIP agencies generally have not terminated the enrollment of any Medicaid or CHIP beneficiary who was enrolled on or after March 18, 2020, through March 31, 2023. As state Medicaid and CHIP agencies resume regular eligibility and enrollment practices, many individuals may no longer be eligible for Medicaid or CHIP coverage starting as early as March 31, 2023. The U.S. Department of Health and Human Services is offering a temporary Marketplace Special Enrollment period to allow these individuals to enroll in Marketplace coverage.
Marketplace-eligible individuals who live in states served by HealthCare.gov and either- submit a new application or update an existing application on HealthCare.gov between March 31, 2023 and July 31, 2024, and attest to a termination date of Medicaid or CHIP coverage within the same time period, are eligible for a 60-day Special Enrollment Period. That means that if you lose Medicaid or CHIP coverage between March 31, 2023, and July 31, 2024, you may be able to enroll in Marketplace coverage within 60 days of when you lost Medicaid or CHIP coverage. In addition, if you or your family members are enrolled in Medicaid or CHIP coverage, it is important to make sure that your contact information is up to date to make sure you get any information about changes to your eligibility. To learn more, visit HealthCare.gov or call the Marketplace Call Center at 1-800318-2596. TTY users can call 1-855-889-4325.
What about Alternatives to Marketplace Health Insurance Coverage?
If you or your family are eligible for coverage in an employment-based health plan (such as an employer-sponsored health plan), you or your family may also be eligible for a Special Enrollment Period to enroll in that health plan in certain circumstances, including if you or your dependents were enrolled in Medicaid or CHIP coverage and lost that coverage. Generally, you have 60 days after the loss of Medicaid or CHIP coverage to enroll in an employment-based health plan, but if you and your family lost eligibility for Medicaid or CHIP coverage between March 31, 2023 and July 10, 2023, you can request this special enrollment in the employment-based health plan through September 8, 2023. Confirm the deadline with your employer or your employment based health plan. Alternatively, you can enroll in Medicaid or CHIP coverage at any time by filling out an application through the Marketplace or applying directly through your state Medicaid agency. Visit https://www.healthcare.gov/medicaid-chip/getting-medicaid-chip/ for more details.
How Can I Get More Information?
The Marketplace can help you evaluate your coverage options, including your eligibility for coverage through the Marketplace and its cost. Please visit HealthCare.gov for more information, including an online application for health insurance coverage and contact information for a Health Insurance Marketplace in your area.
PART B: Information About Health Coverage Offered by Your Employer
This section contains information about any health coverage offered by your employer. If you decide to complete an application for coverage in the Marketplace, you will be asked to provide this information. This information is numbered to correspond to the Marketplace application.
You are not eligible for health insurance coverage through this employer. You and your family may be able to obtain health coverage through the Marketplace, with a new kind of tax credit that lowers your monthly premiums and with assistance for out-of-pocket costs.
If you have any questions or concerns, please contact:
Gaye Tonar
Employee Handbook
- PART 1: GENERAL INFORMATION
- Part 2: DISTRICT COMMITMENTS
- PART 3: EMPLOYEE COMMITMENTS – ALL EMPLOYEES
- PART 4: INSURANCE AND BENEFITS – ALL EMPLOYEES
- PART 5: PAYROLL AND EXPENSE REIMBURSEMENT – ALL EMPLOYEES
- PART 6: LEAVES – ALL EMPLOYEES
- PART 7: GRIEVANCE PROCEDURE
- PART 8: PROFESSIONAL TEACHING STAFF
- PART 9: SALARIED AND HOURLY SUPPORT STAFF
- PART 10: EXTRA-CURRICULAR STAFF
- PART 11: SUBSTITUTE STAFF
- Appendix A
- Appendix B
- Appendix C
- Download the Printable Version of the Handbook
PART 1: GENERAL INFORMATION
1.01 Introduction
Welcome to the School District of South Milwaukee! Whether you are new to SDSM or a long time employee, the School Board extends its appreciation for your commitment to public education and furthering the growth of our students.
The purpose of this Handbook is to provide information and guidance that will help employees in understanding what can be expected from the District and what the District expects from employees. The employee handbook describes the professional expectations and necessary conditions for our work together.
The goal for the Handbook is to be a valuable tool in understanding how the District works, as well as to serve as a reference guide for answering questions about employment in the District. However, the Handbook is not a detailed description of all employment policies. Please be sure to take the time to review the policies on the School Board section of the District’s webpage at sdsm.k12.wi.us.
Each employee is responsible for reviewing the Handbook and completing the employee acknowledgement page. Please be sure to review the specific School Board policies that are referenced throughout the Handbook, including all employment policies. It is each employee’s responsibility to read and become familiar with this information and to follow the District’s policies and procedures.
Thank you for making the decision to work with the very dedicated and caring staff and students in South Milwaukee!
Sincerely,
Deidre Roemer Sophia Williams
Deidre Roemer Sophia Williams
Superintendent School Board President
1.02 Handbook Explanation
A. Employees Covered: This Handbook is provided as a reference document for the employees of the School District of South Milwaukee.
B. Disclaimer: The contents of this Handbook are presented as a matter of information only. The plans, policies and procedures described are not conditions of employment. The District reserves the right to modify, revoke, suspend, terminate, or change any or all such plans, policies, or procedures, in whole or in part, at any time with or without notice. The language which appears in this Handbook is not intended to create, nor is it to be construed to constitute, a contract between the District and any one or all of its employees or a guaranty of continued employment. Notwithstanding any provisions of this Handbook, employment may be terminated at any time, with or without cause, except as explicitly provided for in any other pertinent section of this Handbook or individual contract.
In case of a direct conflict between this Handbook, rules, regulations or policies of the Board and any specific provisions of an individual contract or collective bargaining agreement, the individual contract or collective bargaining agreement shall control.
This Employee Handbook is intended to provide employees with information regarding policies, procedures, ethics, expectations and standards of the District; however, this Handbook should not be considered all inclusive. Copies of Board Policies and Administrative Rules are available in each administrative office to all personnel and are on the District website at sdsm.k12.wi.us. It is important that each employee is aware of the policies and procedures related to their position. The rights and obligations of all employees are governed by all applicable laws and regulations, including, but not limited by enumeration to the following: Federal laws and regulations, the laws of the State of Wisconsin, Wisconsin State Administrative Code and the policies of the School Board for the School District of South Milwaukee.
1.03 Employee Acknowledgement for 2025-2026 School Year
(To be signed and returned to the employee’s supervisor or Personnel Office.)
I hereby acknowledge that it is my responsibility to access the School District of South Milwaukee Handbook in hard copy or online. My signature below indicates that I agree to read the Handbook and abide by the standards, policies and procedures defined or referenced in this document. It is also important to know that additional regulations, policies and laws are in the School Board Policies located on the District webpage. The Handbook and the Board Policies Manual can be located in various supervisors’ offices and on the District’s website at sdsm.k12.wi.us. The Handbook, Board Policies Manual, and Administrative Regulations can be found under the heading “policies” in the School Board section of the webpage.
The information in this Handbook is subject to change. I understand that changes in District policies may supersede, modify or eliminate the information summarized in this Handbook. As the District provides updated policy information, I accept responsibility for reading and abiding by the changes.
I understand that this Handbook does not constitute an employment contract or alter my status as an at-will employee unless specifically addressed for those employees covered by Part 8. I understand that nothing in this Handbook is intended to confer a property interest in my continued employment with the District beyond the term of my current contract (if any). I understand that I have an obligation to inform my supervisor and the personnel office of any changes in my personal information, such as phone number, address, etc. I also accept responsibility for contacting my supervisor if I have any questions, concerns or need further explanation.
My signature on this physical form or via electronic signature, is acknowledgment that I agree that I am legally responsible for any fines or fees charged to the District incurred by me (an example may be a traffic citation for a parking ticket, received as a result of my operation of a District motor vehicle). If any contractual relationship between the District and an employee (or group of employees) conflicts with any provision of this Handbook, the contract shall govern with respect to that issue.
Employee Acknowledgement for 2025-2026 School Year
1.04 Strategic Plan
Our strategic plan includes a goal to improve the employee experience which includes getting feedback from all staff and increasing communication and collaboration with our employees and designated bargaining representatives. We will work together to solve problems and to increase our capacity to make a greater impact on student achievement. To promote and preserve a productive relationship between employee and employer, there will be regular communication and feedback between the employee’s union representatives and district and school administration.
Our Mission:
The School District of South Milwaukee acts with a relentless commitment to remove barriers and care for all students so they feel accepted and will learn without exception.
Our Vision:
The South Milwaukee School District, in collaboration with our community, is committed to offering every student genuine opportunities to cultivate curiosity, empathy, and a lifelong love of learning. Our goal is to empower learners to explore their passions, develop essential skills, and build the confidence needed to successfully achieve their aspirations.
1.05 Definition of Employees
Please note that the Handbook references the District, Board and administration throughout. The term “District” is used to refer to the school system. Decisions and determinations are deemed to be made by the administration unless specifically stated as a Board decision.
School Board members are not considered employees for purposes of this Handbook. School Board members are expected to follow the School Board policies regarding professional expectations and responsibilities.
1.06 School Calendar
The school calendar shall be determined by the Board. The determination of the structure of the days, e.g. instructional, in-service, professional development, workdays, etc. shall be at the discretion of the Board.
The school calendar can be found on the district’s website at: sdsm.k12.wi.us.
Part 2: DISTRICT COMMITMENTS
2.01 Bullying and Harassment Free Workplace
The District prohibits harassment and bullying of its employees in any form. The District’s policy is to provide a workplace free of (1) verbal or physical harassment concerning an employee’s age, race, creed, religion, color, physical or mental disability, marital status, pregnancy, sex, national origin, ancestry, sexual orientation, arrest record, conviction record, citizenship status, political or religious affiliation, physical appearance or attributes use or non-use of lawful products off the employer’s premises during non-working hours, or past, present or future status in the uniformed services of the United States (hereinafter referred to as an individual’s status as a member of a protected class); and (2) unwelcome sexual advances, requests for sexual favors, and any other conduct or communication constituting sexual harassment as that term is defined by state and federal law.
Bullying of employees by internal or external individuals or groups of individuals is prohibited. Bullying includes unwanted aggressive behaviors by another that involves an observed or perceived power imbalance, repeated multiple times or highly likely to be repeated, and inflicts harm or distress on the employee. Employees who feel that they are subjected to bullying behavior should report to their supervisor or other administrator. Employees engaging in bullying behavior will be subject to disciplinary action.
Harassment and bullying is prohibited in any form. The District strongly disapproves of any form of harassment of its employees by anyone -- internal or external to the District. Further, harassment is strongly disapproved of regardless of whether it occurs within or outside of the District. Appropriate disciplinary action will be taken promptly against any employee engaging in unlawful harassment.
The policy of the District is to investigate thoroughly and remedy any known incidents of harassment. In order to accomplish this, all employees have a responsibility to report any incident of harassment to the attention of their immediate supervisors. Employees who feel aggrieved because of harassment are strongly encouraged to bring the matter to the immediate attention of their supervisors.
An employee who has a complaint of harassment should follow the steps found in Board Policy 512. No employee, supervisor or Board member shall attempt to restrain, interfere with, coerce, discriminate or take reprisal action against the complainant or their witnesses during or after the presentation, processing and resolution of a complaint.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
2.02 Equal Opportunity Employment
The District is committed to provide fair and equal employment opportunities for all District employees and to provide a learning and working environment free of discrimination. Federal and state law prohibits discrimination because of age, race, creed, religion, color, physical or mental disability, marital status, pregnancy, sex, national origin, ancestry, sexual orientation, transgender status, gender identity, arrest record, conviction record, citizenship status, political or religious affiliation, use or non-use of lawful products off the employer’s premises during non-working hours, military service in the U.S. armed forces, a state defense force, the national guard of any state or any other reserve component of the U.S. armed forces, declining to attend a meeting or to participate in any communication about religious matters or political matters, the authorized use of family or medical leave or worker’s compensation benefits, genetic information, or any other factor prohibited by state or federal law, or according to District policy. Discrimination, as defined herein, is strictly prohibited.
Discrimination is defined as any action, policy or practice, including bias, stereotyping and harassment, which is detrimental to a person or group of persons and differentiates or distinguishes among persons, or limits or denies opportunities, privileges, employment, roles or rewards or perpetuates the effect of past discrimination, based on the protected class of the individual or group of individuals.
The District shall periodically examine all policies currently in practice and in the future to ensure that it does not discriminate or is in violation of federal and/or state law.
The District expressly prohibits any form of discrimination. Individuals, who feel these rights have been violated, shall follow the Discrimination and Harassment Complaint Procedure as outlined in Board Policy Rule 512.1. No recipient or other person may intimidate, threaten, coerce, retaliate, or discriminate against any individual for making, filing, or assisting with a complaint.
The District will comply with the Genetic Information Nondiscrimination Act.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
2.03 Equal Opportunity Complaints
The District encourages informal resolutions of complaints under this policy. A formal complaint resolution procedure is available, however, to address allegations of violations of the policy in the District.
Any employee who has reasonable cause to suspect that a student has been sexually harassed or subjected to sexual violence shall immediately report such suspicion to a District Title IX Coordinator. Any employee who observes student-to-student, employee-to-student, or student-to-employee, or other sexual harassment or sexual violence of any form shall take reasonable action to stop the harassment or violence and shall report the incident immediately to a District Title IX Coordinator.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
2.04 Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is a federal law which requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and receive overtime pay at time and one-half the regular rate of pay for all hours worked over forty (40) hours in a workweek. Employees may not work overtime without specific pre-approval from their supervisor.
All employees paid on an hourly basis are required to record their actual hours of work on their timecard or electronic system, as applicable.
Certain employees are exempt from the minimum wage and overtime pay requirements of the FLSA. Teachers, administrators and other employees that meet the job duties tests and wage requirements are generally considered exempt employees.
Employees are encouraged to promptly report any problems with pay as soon as the employee becomes aware of the issue. If an employee believes that an improper deduction has been made to their salary or that overtime was worked and not paid, the employee should immediately report this information to their direct supervisor or the Director of Personnel, Administrative & Legal Services. Notification of rights under the FLSA can be found where notices to employees and applicants are customarily posted.
Cross Reference: Policy 521 Overtime
2.05 Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) is a provision created by Federal and State law that provides an unpaid leave from work for specific family and/or medical reasons. The District will conform to both State and Federal FMLA laws, as well as the Wisconsin Bone Marrow and Organ Donation Leave Law.
If you need to be absent from work for your serious health condition, the serious health condition of an eligible family member, birth or adoption of a child, or any other condition that you believe may be eligible for this leave, please contact the Director of Personnel, Administrative and Legal Services as soon as possible. The federal FMLA also provides for periods of leaves to eligible employees for certain qualifying exigencies that arise when an eligible family member is on or called to active duty and to care for a covered service member with a serious illness or injury.
A. Notification of Benefits and Leave Rights: The District shall post the text of the notice contained in the following link in a conspicuous place where notices to employees and applicants are customarily placed: http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf See 29 U.S.C. § 2619(a); 29 C.F.R. § 825.300(a)(1). (Please see poster in Appendix A) Wisconsin FMLA information: https://dwd.wisconsin.gov/dwd/publications/erd/pdf/erd-7983-p.pdf Information concerning leave rights under Wisconsin Bone Marrow and Organ Donation Leave law will be posted in a conspicuous place where notices are customarily placed.
B. Eligibility Notice. When an employee requests FMLA leave, or when the employer acquires knowledge that an employee's leave may be for an FMLA-qualifying reason, the employer must notify the employee of the employee's eligibility to take FMLA leave within five business days, absent extenuating circumstances. 29 C.F.R. § 825.300(b).
C. Rights and Responsibilities Notice. The District shall provide written notice outlining specific obligations of the employee and explaining any consequences of not meeting those requirements. 29 C.F.R. § 825.300(c). The District is satisfying this notice requirement by directing the employee to the following website, which combines the eligibility notice and the rights & responsibilities notice into a single form: U.S. Dep’t of Labor, Notice of Eligibility and Rights & Responsibilities (FMLA), available at https://www.dol.gov/whd/forms/WH-381.pdf
D. Designation Notice. The District shall “inform employees in writing whether leave requested under the FMLA has been determined to be covered under the FMLA.” U.S. Dep’t of Labor, Designation Notice (Family and Medical Leave Act), available at http://www.dol.gov/whd/forms/WH-382.pdf. See 29 C.F.R. § 825.300(d).
E. Employees who do not return from FMLA leave will be responsible to repay all health insurance premiums paid by the district during the time of the unpaid FMLA leave. This section will not apply if the employee remains on leave due to medical necessity or to premiums made during a time of accrued paid leave.
Cross Reference: Policy 531 Family Medical Leave Act
Rule 531 Family and Medical Leave Act Procedures
2.06 Reasonable Accommodations
Reasonable accommodations shall be made for qualified individuals with a disability or a sincerely held religious belief, unless such accommodations would impose an undue hardship on the District.
A reasonable accommodation is a change or adjustment to job duties or work environment that permits a qualified applicant or employee with a disability or sincerely held religious belief to perform the essential functions of a position or enjoy the benefits and privileges of employment compared to those enjoyed by employees without disabilities, or without the same sincerely held religious belief.
Requests for accommodations under the Americans with Disabilities Act or under the Wisconsin Fair Employment Act should use the following procedure.
Prospective employees
Prospective employees should contact the Director of Personnel, Administrative & Legal Services to discuss reasonable accommodations necessary to apply or interview for the position. The request may be in writing to jsielaff@sdsm.k12.wi.us or through a phone call to 414-766-5011.
The administration will determine that the prospective employee meets the minimum qualifications for the position being applied for and will enter into an interactive process to review the accommodation request. An accommodation will be offered and discussed to meet the needs of the applicant that does not provide an undue hardship to the district.
Current employees
Current employees should contact the Director of Personnel, Administrative & Legal Services to discuss a potential reasonable accommodation. After an initial discussion, the employee will be asked to provide appropriate documentation from their medical provider related to the disability. Providers will be specifically told to not send medical records or genetic information.
The administration will then consider whether the impairment substantially limits a person’s ability to work or meet job-related requirements. If so, then a potential change or modification will be discussed to allow the employee to perform the essential functions of the position. This conversation will continue until an accommodation is agreed upon that meets the needs of the employee and does not create an undue hardship to the district.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
2.07 Safe and Violence Free Workplace
The possession, use, sale, or distribution of weapons or look-alike weapons while on District property, in a District-owned vehicle, or at District-sponsored activities or events by any person is strictly prohibited. For purposes of this policy, “weapons” includes but is not limited to mace, pepper spray, ignition devices, martial arts instruments, explosive devices, knives, razors, firearms (loaded or unloaded), facsimile firearms, hunting equipment or any object or substance that could be used to cause bodily harm.
Any person that violates this policy shall be referred to law enforcement officials for prosecution under applicable laws. Employees violating this policy shall be disciplined in accordance with District procedures.
Exceptions to this policy shall be made for employees that are lawfully using a tool that could be considered a weapon, law enforcement and others as allowed by state law.
Cross Reference: Policy 517 Use and Possession of Weapons
Handbook Part 3, Workplace Safety
PART 3: EMPLOYEE COMMITMENTS – ALL EMPLOYEES
3.01 Overview
The District expects its employees to commit to produce quality work, maintain confidentiality, work efficiently, and exhibit a professional and courteous attitude toward other employees, parents, and students. The District expects employees to comply with all applicable Board policies, work rules, job descriptions, terms of this Handbook and legal obligations. The District expects employees to comply with the standards of conduct set out in Board policies, this Handbook, administrative regulations, and with any other policies, regulations and guidelines that impose duties, requirements or standards attendant to their status as District employees, including the strategic plan. Violation of any policies, regulations and guidelines may result in disciplinary action, including termination of employment.
The following delineation of employment practices is for informational purposes and is not intended to be an exhaustive list of all employment expectations that may be found in other applicable Board policies, work rules, job descriptions, terms of this Handbook and legal obligations.
3.02 Accident/Incident Reports
All accidents/incidents occurring on District property, school buses, while using a district-owned vehicle, or during the course of school-sponsored activities, including field trips and other away events, are to be reported to the building principal/immediate supervisor immediately. Reports should cover property damage as well as personal injury. A completed accident/incident report form must be submitted to the building principal/immediate supervisor within twenty-four (24) hours or the next scheduled District workday, as appropriate. In the event of a work-related accident or injury, please see the Worker’s Compensation section of this Handbook.
Staff members have a duty to report injuries and accidents to parents/guardians in a timely manner.
After a traumatic event at work and a consultation with their principal, staff members may be allowed to leave for the day without use of their personal, vacation or sick time.
3.03 Appropriate Use of District Funds
The employee shall adhere to all internal controls that deter and monitor all fraud or financial impropriety in the District. Any person who suspects fraud or financial impropriety in the District shall report the suspicions immediately to any supervisor, the Superintendent or designee, the Board President, or local law enforcement. Reports of suspected fraud or financial impropriety shall be processed in a manner that gives appropriate consideration to the confidentiality of these matters. Limited disclosure may be necessary to complete a full investigation or to comply with law. Each employee who supervises or prepares District financial reports or transactions shall set an example of honest and ethical behavior and shall actively monitor their area of responsibility for fraud and financial impropriety. Neither the Board nor any District employee shall unlawfully retaliate against a person who in good faith reports perceived fraud or financial impropriety.
Cross Reference: Policy 519 Ethics / Conflict of Interest
3.04 Attendance (Daily, Meetings, School Events)
The District expects employees to make every effort to be present for work. Regular and reliable attendance is an essential job function for all employees in the district. Research demonstrates that repeated absences by teaching staff results in reduced student academic performance, therefore, it is important that all staff are present on a regular basis. The following guidelines should be followed as it relates to attendance:
- Employees are expected to follow their assigned schedule. In order for the schools to operate effectively, employees are expected to perform all assigned duties and work all scheduled hours during each designated workday, unless the employee has received approved leave.
- Breaks and meal periods may only be taken during times designated by the employee’s supervisor/building administrator and as further specified in other parts of this Handbook.
- Any deviation from assigned hours must have prior approval from the employee’s supervisor/building administrator.
- Employees who are unable to report to work shall follow the applicable procedures for reporting their absence.
- Any time spent not working during an employee’s scheduled day must be accounted for using the appropriate procedure.
- While in attendance for an assigned schedule, employees may not perform personal childcare while at work. Exceptions may be made for “Take your child to work day” or other limited and unique circumstances.
The District will monitor attendance and absence patterns. The following items are considered a violation of the District’s attendance policies and will result in disciplinary action, up to and including termination:
- Theft of time and/or improper modification of time-worked documentation.
- Failure to notify the District of an absence and failure to report to work on a work day.
- Failure to return to work the day following the expiration of an authorized leave of absence.
- Excessive absences, after notification of a concern related to absences.
- Repeated failure to follow timekeeping procedures.
Staff members are required to attend all mandatory administratively called meetings. The following apply to mandatory meetings:
- Administratively called meetings will generally occur within the workday but there may be limited occasions where it is necessary to begin a meeting before the time at which the normal workday begins or end later than the end of the normal workday. These meetings will be conducted within a reasonable length of time.
- Staff members are required to attend all meetings related to the professional responsibility of the position held.
- Limited school events may be mandatory for staff attendance (example: elementary spring sing concert for elementary music and classroom teachers). Every effort will be made to inform staff members of these events well in advance of the date. Staff members are encouraged to attend school events.
3.05 Background Check
Background checks will be required for all new employees prior to hire. Background checks may also be required of existing employees on a case by case basis. Knowingly falsifying information shall be sufficient grounds for termination of employment.
Cross Reference: Policy 522.1 Background Checks and Disclosures
3.06 Bulletin Boards and Use of District Email
Each school shall provide a bulletin board/other area as a limited forum for employees to post professional development information and other apolitical literature that is directly connected to employment at the District and is consistent with District policy and applicable law. If a collective bargaining unit exists, the Association/Union will be allowed to post items on the bulletin board subject to the restrictions set forth herein. All distributed and posted materials shall always be professional in approach, shall not contain any derogatory comments about staff, parents, students or School Board members and shall not be in contravention of any District policy or law. District email may also be used as a limited forum for employees to post professional development information and other apolitical literature that is directly connected to employment at the District and is consistent with District policy and applicable law
The Building Principal or Superintendent must be provided a copy of all posted material or email that is to be sent to any groups of staff within a building or throughout the District. The Superintendent and/or designee shall be allowed to remove material from the bulletin board(s) and email at their discretion.
Staff members may be required to have a standard “signature” in emails. In no case may an email signature include quotes or non-SDSM images. Additionally, staff members are prohibited from sharing email logins and/or passwords.
All District provided technology (including but not limited to Email, Google apps, other software) is considered property of the District and is a public document that may be subject to disclosure under Open Records Law and may be reviewed by the superintendent or designee at any time. Please review the technology policy for acceptable use of District email.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
Handbook Section 3.27, Technology
3.07 Child Abuse Reporting
Any school employee who has seen a child in the course of professional responsibilities (except as provided in Wisconsin Statutes Section 48.981(2m)) and has reasonable cause to suspect that the child has been abused or neglected or who has reason to believe that the child has been threatened with abuse or neglect, and that abuse or neglect of the child will occur, shall report the suspected abuse or neglect to the appropriate agency and in accordance with district procedures. All employees are required to complete training as directed by the District.
Cross Reference: Policy 513.1 Duty to Report Suspected Child Abuse or Neglect
3.08 Confidentiality
Pupil information that employees obtain as the result of their employment with the District is confidential and protected by law unless such information has been designated as pupil directory data as set forth in Board Policy 347. The law and respect for our students require that student issues are only discussed with employees and parents/guardians who need to know the information. Staff members should not discuss or disclose confidential status information (such as special education or multi-lingual status) or personal family information with or in front of other students.
Employees may not use confidential student information for their own purposes and may not take any student information when they leave employment with the district. Employees may not keep confidential student information on their personal devices, including pictures of students. Any pictures of students on a phone or other personal device should be transferred to a district Google Drive then deleted on the personal device.
In addition to student information, confidentiality is expected in other areas, including employee or District business information. Any requests for District records shall be referred to the appropriate administrator. Any requests to talk with the media as a school district employee should be discussed with the District Communications Coordinator prior to talking with the media. All subpoena requests should be shared with the supervisor and Director of Personnel, Administrative & Legal Services.
Cross Reference: Policy 347 Student Records
Policy 348 Student Personal Information
3.09 Conflicts of Interest and Conflict Resolution
A conflict of interest is defined as any judgment, action or relationship that may benefit an employee or another party the employee is affiliated with because of the employee’s position with the District. Employees are asked to avoid outside activity that may compete or be in conflict with the best interests of the District. Employees must disclose to their immediate supervisor information of any transaction that may be considered a conflict of interest as soon as they know the facts. No employee may use their position to obtain financial gain or anything of substantial value for the private benefit of themselves or their immediate family, or for an organization with which they are associated.
No employee may negotiate or bid for, or enter into a contract in which the employee has a private pecuniary interest, direct or indirect, if at the same time the employee is authorized or required by law to participate in the employee's capacity as an employee in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the employee's part. No employee may, in the employee's capacity as an employee, participate in the making of a contract in which the employee has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the employee's part. See Wis. Stats. § 946.13(1)(a) and (b).
Employees shall attempt to resolve conflicts, concerns or questions with the appropriate person closest to the concern, conflict or question at the building or department level. If the issue is not resolved with the immediate supervisor, the appropriate district office administrator should be notified, followed by the superintendent.
Cross Reference: Policy 519 Ethics / Conflicts of Interest
3.10 Criminal Record Reporting
All District employees shall notify their immediate supervisor or administrator as soon as possible, but no more than three calendar days after any arrest, indictment, conviction, no contest or guilty plea, or other adjudication of the employee for any felony, any offense involving moral turpitude, or any of the other offenses as indicated below:
A. Crimes involving school property or funds;
B. Crimes involving attempt by fraudulent or unauthorized means to obtain or alter any certificate or permit that would entitle any person to hold or obtain a position in a school district or as an educator;
C. Crimes that occur wholly or in part on school property or at a school-sponsored activity;
D. A misdemeanor or other crime which involves moral turpitude [e.g. an act or behavior that gravely violates moral sentiments or accepted moral standards of the community];
E. A restraining order against the employee for any reason;
or
F. A misdemeanor or other crime which violates the public trust.
The requirement to report a conviction or deferred adjudication shall not apply to minor traffic offenses. An offense of operating under the influence, revocation or suspension of license, and driving after revocation or suspension must be reported immediately if the employee regularly or occasionally drives or operates a District vehicle or piece of mobile equipment or transports students or staff in any vehicle.
Failure to report under this section may result in disciplinary action, up to and including termination. Such report shall be made as soon as possible, but in no circumstance more than three calendar days after the event giving rise to the duty to report.
The District may conduct criminal history and background checks on its employees. An arrest, indictment or conviction of a non-felonious crime shall not be an automatic basis for an adverse employment action. The District shall consider the following factors in determining what action, if any, should be taken against an employee who is convicted of a non-felonious crime during employment with the District:
A. The nature of the offense;
B. The date of the offense;
C. The nature of the position to which the employee is assigned; and,
D. The relationship between the offense and the position to which the employee is assigned.
For any employee who is convicted of a felony and has not been pardoned, the District shall have the discretion to terminate that individual’s employment or to non-renew their contract.
Nothing herein shall prohibit the District from placing an employee on administrative leave or suspending an employee based upon an arrest, indictment or conviction.
3.11 District and Personal Property
The District may supply an employee with equipment or supplies to assist the employee in performing their job duties. All employees are expected to show reasonable care for any equipment issued and to take precautions against theft. Employees cannot take District property for personal use or gain. Any equipment, unused supplies, or keys issued must be returned prior to the employee’s last day of employment, including, but not limited to: employee identification badges and the key or key fob for building entry. District equipment specifically approved to be borrowed for short term use should be returned the first work day after project completion in the same condition. Employees will be responsible for lost or damaged items when borrowed, including library materials.
Employees shall have no expectation of privacy with respect to any item or document stored in or on District-owned property, which includes, but is not limited to, desks, filing cabinets, mailboxes, lockers, tables, shelves and other storage spaces in or out of the classroom. Accordingly the District may at any time and in its sole discretion conduct a search of such property, regardless of whether the searched areas or items of furniture are locked or unlocked.
Employees should have no expectation of privacy to items contained in plain view, for example, but not limited by enumeration to automobiles parked on the District’s property, items left on top of or within desks and cabinets, lockers, etc. Personal items not in plain view (ex: items within a purse, wallet, coat, backpack) may not be searched except in limited situations as provided for within state or federal law.
The District does not assume any responsibility for loss, theft or damages to personal property. Employees are encouraged to exercise reasonable care of personal items. The District is not liable for vandalism, theft or any damage to cars parked on school property. If an employee’s essential personal property, like eyeglasses, is damaged while actively intervening to ensure student safety, the district will replace it, up to a maximum of $300.
3.12 Dress Code
All employees are expected to look neat, be in well repair, and be appropriate for the setting. Employees may not wear anything to work that displays items that would be illegal for school-aged students to own (i.e., a shirt displaying cigarettes, drugs, firearms, etc.)
Employees are required to wear the current year’s staff ID daily on a lanyard, pin, or ID holder. The item holding the ID (lanyard, pin, etc.) must be one provided by or approved by the District. Lanyards must be a solid color and not have any messages/logos/writing other than identifying the school district. No other cards or writing may be displayed on the back of the staff ID or on visible ID holders.
Uniformed Employees
Some employee groups may be required to wear uniforms (i.e., custodial and kitchen staff). Uniforms provide a professional appearance within the District and save the employee’s wardrobe. Employees will be monitored by their supervisor to ensure that the uniform meets District requirements, is clean and in good repair. Appropriate safety gear shall also be worn at all times as deemed necessary.
Non-Uniformed Employees
All District employees work for the public, and the public often judges individuals and the District by appearance. It is important that all staff attire be appropriate for the job and that it conveys a neat, professional and clean image. Appropriate business casual attire should be consistent with professional responsibilities and activities. The mode of dress or grooming should not be disruptive to the educational environment. Any employee appearing for work whose dress is identified by administration as inappropriate, for any reason, will be asked to leave and return acceptably attired.
Cross Reference: Policy 515 Dress Code
3.13 Drug, Alcohol and Tobacco Free
The District is committed to maintaining a drug-, alcohol- and tobacco-free working and learning environment for all employees and students. Therefore, the manufacture, distribution, dispensation, possession, use of or presence under the influence of alcohol, inhalants, controlled substances or substances represented to be such, or unauthorized prescription medication, is prohibited on school premises or at school activities. In addition, the District will not condone the involvement of any employee with illicit drugs, even where the employee is not on District premises. Employees of the school system shall not possess, use, or distribute any illicit drug, drug paraphernalia or alcoholic beverage as defined in Wisconsin Statutes while on school premises or while on school-sponsored trips. Employees shall not provide alcohol, drugs of any sort or tobacco to any student regardless of student age. Employees shall not promote or advertise the use of alcohol, drugs or tobacco to students. For purposes of this provision, being under the influence of alcohol includes having a detectable alcohol concentration of 0.02 or higher and also includes any stricter standard established by state or federal law as a prohibited alcohol concentration for particular positions or duties.
Employees shall be required to undergo alcohol and/or drug testing at any time the District has reasonable suspicion to believe that the employee has violated the District’s policy concerning alcohol and/or drugs.
Employees shall not use tobacco products on District premises, in District vehicles, nor in the presence of students at school or school-related activities. This prohibition includes look-a-like products including e-cigarettes.
Cannabidiol Oil (CBD Oil) may be brought and taken at work if there is a written statement and appropriate instructions are supplied by the physician. The physician must state that it is required that the employee use the medication during work hours. The physician must state either on the prescription or in the letter, the specific conditions under which the physician should be contacted regarding the condition or reactions of the employee receiving the medication and the medication is in the original container with appropriate dosage information.
The product may not be administered in a manner that, in the opinion of the District or school, would create a disruption to the educational environment or cause exposure of the product to students or other employees.
Cross Reference: Policy 516 Drug Free Workplace
Policy 516.1 Tobacco and Similar Products Disallowed
3.14 Duty Free Lunch
Staff members working six (6) or more hours per day are guaranteed a minimum thirty (30) minute unpaid duty-free lunch. Staff members may voluntarily agree to provide a paid duty during the duty-free lunch period. Any staff member providing lunch supervision during their duty-free lunch period shall receive $20.00 per hour or an option for teachers to take 1:1 compensation time during specified non-student, non-professional learning days.
3.15 Electronic Recording
Employees shall not electronically record by audio, video, or other means, any conversations or meetings unless each and every person present has been notified and consents to being electronically recorded. Persons wishing to record a meeting must obtain consent from anyone arriving late to any such meeting. Employees shall not electronically record telephone conversations unless all persons participating in the telephone conversation have consented to be electronically recorded. These provisions are not intended to limit or restrict electronic recording of publicly posted Board meetings, grievance hearings, and any other Board sanctioned meeting recorded in accordance with Board policy. These provisions are not intended to limit or restrict electronic recordings involving authorized investigations conducted by District personnel, or authorized agents of the District, or electronic recordings that are authorized by the District, e.g. virtual/distance learning classes, surveillance videos, extracurricular activities, voicemail recordings.
3.16 Ethics Code
Honesty is a core value in the District. Employees shall act in an honest and truthful manner verbally and on official District documents such as time sheets, job applications, pupil records, etc. The District’s ethics policy shall be followed by all employees.
Cross Reference: Policy 519 Ethics / Conflicts of Interest
3.17 Investigations
Expectation of Cooperation: In the event of a District investigation or inquiry, every District employee has an affirmative duty to provide to their supervisor(s) or any other District official assigned to investigate all relevant and factual information about matters inquired except as provided for below. Employees failing to volunteer such information shall receive a directive from an administrator to provide a statement. The employee’s failure to comply with the directive may constitute “insubordination,” a violation that will be grounds for disciplinary action up to and including termination.
Investigation interplay with potential criminal conduct: If the alleged misconduct may constitute criminal conduct by the employee, the employee may be provided a Garrity warning (the employee may be required to answer questions for the District investigation but the information could not be used in the criminal investigation). Garrity v. New Jersey, 385 U.S. 493 (1967).
Administrative Leave: The District may place an employee on administrative leave, paid or unpaid, during an investigation into alleged misconduct by the employee.
3.18 Licensure/Certification
Each employee who is required to be licensed or certified by law must provide the District with a copy of the current license or certificate to be maintained in their personnel file. Personnel files can be found in the District office. Employees are expected to know the expiration date of their license/certification and meet the requirements for re-licensure or certification in a timely manner. Failure to have a valid teaching license on the first day of school will result in a reduction in salary until the license is obtained. If a valid license is still not obtained after one month’s time, the individual may be subject to further discipline up to and including immediate termination. The District will work with teachers who have exceptional circumstances, such as meeting requirements of an emergency license, new certification areas or other unique situations.
3.19 Management Rights
Management retains all rights of possession, care, control and management that it has by law, and retains the right to exercise these functions. The exercise of such powers, rights, authority, duties and responsibilities by the Board, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith shall be limited only to the precise extent such functions and rights are explicitly, clearly and unequivocally restricted by the express terms of this Handbook/individual contracts and then only to the extent such specific and express terms hereof are in conformance with the Constitution and laws of the State of Wisconsin and the United States. These rights include, but are not limited by enumeration to, the following rights:
A. To direct all operations of the school system;
B. To establish and require observance of reasonable work rules and schedules of work;
C. To hire, promote, transfer, schedule and assign employees in positions within the school system;
D. To suspend, discharge and take other disciplinary action against employees;
E. To relieve employees from their duties because of lack of work or any other legitimate reason;
F. To maintain efficiency of school system operations;
G. To take whatever action is necessary to comply with state or federal law, or to comply with state or federal court or agency decisions or orders;
H. To introduce new or improved methods or facilities;
I. To select employees, establish quality standards and evaluate employee performance;
J. To determine the methods, means and personnel by which school system operations are to be conducted;
K. To take whatever action is necessary to carry out the functions of the school system in situations of emergency;
L. To determine the educational policies of the District;
M. To contract out for goods and services; and,
N. To interpret and apply the Handbook and policies to particular situations as the District deems appropriate.
3.20 Outside Employment and Non-Work Time
Outside employment is regarded as employment for compensation that is not within the duties and responsibilities of the employee’s regular position with the school system. Personnel shall not be prohibited from holding employment outside the District as long as such employment does not interfere with assigned school duties as determined by the District. The District will not proactively investigate what staff members do on their own time, however, if such activity relates to their employment or impacts their ability to perform their job, such investigation may occur. The Board expects employees to devote maximum effort to the position in which employed. An employee will not perform any duties related to an outside job during regular working hours or for professional employees during the additional time that the responsibilities of the District’s position require; nor will an employee use any District facilities, equipment or materials in performing outside work. When the periods of work are such that certain evenings, days or vacation periods are duty free, the employee may use such off-duty time for the purposes of non-school employment.
3.21 Pandemic and Health Emergency Guidelines
All employees shall follow all new, revised or temporary district guidelines and rules related to employment in a pandemic or other health emergency. The expectations for employees within the orders, rules, and/or guidelines are considered additions to our Employee Handbook. By acknowledging receipt of the Employee Handbook and your understanding of the expectations contained herein for employees, you are also acknowledging current or future pandemic-related or health related orders, rules, and/or guidelines.
3.22 Personnel Files
The District shall maintain a personnel file for all employees. An employee shall have the right to review the contents of their personnel file in accordance with state law and Board policy.
Cross Reference: Policy 524 Personnel Records
Policy 524.1 Personnel Records and Open Records Law
3.23 Physical Exam and Fitness for Duty
Examination: Upon initial employment and thereafter, physical examinations shall be required of District employees in accordance with Section 118.25 of the Wisconsin Statutes. Upon initial employment, evidence that employees are of sound health, sufficient to perform the essential functions of their assignment, is necessary to make binding the offer of employment or the initial contract, as applicable, with the District.
Fitness for Duty: The District may require a physical and/or mental examination at the expense of the District where reasonable doubt arises in the minds of the District concerning the current health of the employee, and consistent the limitations imposed by applicable state and federal law. Failure to comply with this request or failure to provide a doctor’s certification of sufficiently sound health to perform duties assigned may result in discipline up to and including discharge/termination.
3.24 Political Activity
Employees may exercise the rights and privileges of any citizen in matters of a political nature consistent with the following restrictions:
A. No school employee shall, (1) in the presence of any student, and/or (2) during hours for which pay is received or while the employee is otherwise acting within the scope of their employment, engage in any activity for the solicitation, promotion, election, or defeat of any referendum, candidate for public office, legislation, or political action. When not engaged in the performance of their duties (e.g., during designated break periods) and when no students are present, employees who are at a work location may engage in private conversations with non-students or in other personal activities that address, for example, political topics.
B. During established hours of employment or while an employee is engaged in their official duties, no employee or other person may solicit or receive from any employee any contribution or service for any political purpose, where a “political purpose” includes an act done for the purpose of influencing the election or nomination for election of a person to office. Furthermore, no person may enter any District building, office or facility in order to request, make or receive a contribution for a political purpose.
C. No school employee shall use in any way the classrooms, buildings, or pupils for the purpose of solicitation, promotion, election, or defeat of any referendum, candidate for public office, legislation, or political action. This provision does not apply to use of District facilities by employees for events or activities that are not within their scope of employment and that are held pursuant to the District’s policies regarding facilities use by third parties.
D. No school employee shall make use of school equipment or materials for the purpose of solicitation, promotion, election, or defeat of any referendum, candidate for public office, legislation, or political action.
E. This section does not apply to the provision of information by school employees in connection with any election, referendum or legislation where authorized by the school board or Superintendent and where consistent with legal limitations on the use of public funds and District resources.
3.25 Resignation/Retirement Procedures
Employees are required to give a minimum three (3) day work notice upon resignation. All district items including electronic devices, keys, fobs, and IDs must be returned prior to the last day of work, and all building procedures related to leaving must be completed. Additionally, employees are reminded of the sections in the Employee Handbook related to liquidated damages and time off used but not earned, that may be deducted from the employee’s last paychecks. Finally, employees may not mass copy electronic or paper documents or emails, student personal information may not be removed from the building/district systems, and electronic access may be removed the day the employee leaves the district.
3.26 Seclusion and Restraint
There will be limited times when a student will need to be placed in seclusion or restrained.
Wisconsin Statute 118.305 Pupil Restraint and Seclusion prohibits the use of seclusion or physical restraint by school staff except in very limited circumstances where a student’s behavior presents a clear, present, and imminent risk to the physical safety of students or school staff and it is the least restrictive intervention feasible.
If a student is subject to the use of seclusion or restraint by any school staff member, the following must occur:
- The staff member must notify the school principal and all appropriate reports must be completed.
- The parents/guardians must be provided with a copy of the written incident report, including incidents involving law enforcement officers.
- Involved school staff, the principal and pupil services staff shall meet after each incident of seclusion or restraint to discuss the incident.
- If the student subject to the use of seclusion or restraint is a student with an IEP, an IEP team meeting within ten school days of the second time seclusion or restraint of a student with a disability within the same school year
Please note that prone restraint (restraining a student while the student is flat on the ground on their stomach) is expressly prohibited.
The district shall ensure that training is completed for appropriate staff members. The superintendent or designee shall submit a report to the School Board and DPI within the statutory reporting period.
3.27 Staff Interaction with Students
All employees will recognize and respect the rights of students, as established by local, state, and federal law. Employees shall, at all times, maintain a professional relationship and exhibit a professional demeanor in their interactions with students. Developing relationships with students is a key component of our roles, but those relationships must remain professional. Employees should not discuss personal information (i.e, marital status, salaries, employment concerns, personal relationships) and/or conflicts with colleagues with or in the presence of students. Employees shall always follow the District’s technology and social media policies when communicating with students.
Further, employees shall refrain from engaging in any actions or conduct of a sexual nature (verbal or physical) directed toward a student, including, but not limited to, sexual advances, activities involving sexual innuendo, or requests for sexual favors or sexually explicit language or conversation. Employees shall not form inappropriate social or romantic relationships with students, regardless of whether or not the student is 18 years old. Employees shall not use profane or obscene language or gestures in the workplace. Employees shall follow all school rules, regulations and policies related to interaction with students.
The Board fully supports the right and desire of teachers to maintain a proper disciplinary atmosphere in all classrooms.
Cross Reference: Policy 513.1 Duty to Report Suspected Child Abuse or Neglect
Policy 513.2 Staff Interactions with Students in Performance Oriented Extra Curricular Activities
Policy 519 Ethics/Conflict of Interest
3.28 Summer Days/Hours
The District will close on Fridays during the summer months. The District is closed to all staff with the exception of custodial staff and staff related to open areas. Areas that will remain open include the fitness center, the recreation department summer fun camp, lunch through the school nutrition department, and limited PAC events.
Vacation days used during this time will be paid out on an hourly basis. The Fourth of July will be paid as the normal scheduled working hours and not as additional hours.
Salaried Staff
Salaried employees will be expected to work the normal total weekly hours during Monday-Thursday, with the option of working remotely on Friday to complete the weekly total.
Hourly Staff
Hourly employees will need to work with the supervising administrator to best determine summer hours. Staff members will have the ability to work up to the maximum number of hours Monday-Thursday that they would have worked during a Monday-Friday work schedule. Staff members may also choose, with administrative approval, to work less than the maximum number of hours per week. This may be different from week to week, with administrative approval. Overtime will only be paid for working more than forty hours per week and must be pre-approved by their immediate supervisor.
3.29 Teamwork and Service to the Students
Providing a quality education for students and a quality work experience for employees involves teamwork among all employees in the District. Some important actions are:
· Working collaboratively with co-workers to serve the best interests of students.
· Helping to create a positive, respectful and enjoyable work atmosphere.
· Making use of District technology to effectively communicate with all employees in the District.
· Making use of District technology in order to perform all job functions well.
· Working collaboratively together with colleagues in coplan to coserve roles to best meet the needs of students.
· All employees are responsible for active supervision of students while in classrooms, hallways or lunchrooms, assigned to recess duty, or other locations when responsible for students.
Teamwork is expected and is demonstrated by showing respect, cooperation and leadership at all times. Serving as an effective team member is a key component in accomplishing the District’s mission. All staff members should proactively demonstrate the character traits of respect, responsibility, perseverance, honesty and kindness.
3.30 Tattoos and Piercings
Employee will not have visible tattoos, piercings or plugs/ear gauges that are disruptive to the learning environment.
3.31 Technology and Social Media
Employees are encouraged to use District technology to enhance professional responsibilities. Photos of employees taken at school or district sponsored events may appear on district social media pages. All employees are required to adhere to District policies related to technology including not posting pictures of students to personal social media accounts unless the picture is at a public event. Pictures of students should not be stored on personal devices.
Cross Reference: Policy 551 Technology Use
Policy 551.1 Social Networking Technology
3.32 Training
Employees will receive various online required training modules from time to time. These will include yearly safety training modules and monthly online safety training modules, among others. These training modules are mandatory and failure to complete the modules may result in progressive disciplinary action. Additionally, repeatedly opening emails that are “phished” may result in additional training and/or be subject to progressive disciplinary action.
3.33 Use of Student Workers
Student workers may be assigned to various positions throughout the buildings and grounds. Positions assigned to student workers may be paid or unpaid through various school initiatives or openings. Staff members assigned to work with or supervise student workers shall follow all applicable policies and procedures.
Cross Reference: Policy 519 Ethics / Conflict of Interest
3.34 Workplace Comfort
In order to respect the personal and medical needs of others, essential oils may not be diffused in the district on a regular basis. Exceptions may be made on a case by case basis. Additionally, employees should be mindful of other strong smells or perfumes in their workspaces or on their person. Employees are asked to be mindful of others and their requests regarding this topic.
3.35 Workplace Safety
A. Adherence to Safety Rules: All employees shall adhere to District safety rules and regulations and shall report unsafe conditions or practices to the appropriate supervisor. Fire safety is an essential element of having a safe working environment. Employees should know the following:
1. Location of fire alarms;
2. Location of fire extinguishers;
3. Evacuation routes and evacuation procedures including taking student lists upon evacuation; and
4. Whom to notify in case of fire.
Employees need to take precautions to prevent fires from occurring. In the event of a fire, the most important task is to sound the alarm and clear the building. Employees should not risk their safety in fighting fires.
All staff members are required to exit the building during fire drills or other evacuation times. All teachers and paraprofessionals are required to exit and remain with their students, or provide general supervision of students if not assigned with students at that time.
B. Notification of Safety and Health Standards: Wisconsin Statute § 101.055 requires the Wisconsin Department of Commerce to adopt and enforce safety and health standards that will provide protection to public employees at least equal to that provided to private sector employees under standards promulgated by federal Occupational Safety and Health Administration (OSHA). A District employee who believes that a safety or health standard is being violated, or that a situation exists which poses a recognized hazard likely to cause death or serious physical harm, may request the District to conduct an internal review of the matter. Furthermore the employee may request the Wisconsin Department of Commerce to conduct an inspection.
Discrimination
The District shall not discriminate against or discharge any employee for exercising any right afforded by this section. An employee may file a grievance under this Handbook to address the workplace safety issues. The employee may, in their discretion also file a complaint with the state Division of Equal Rights within thirty (30) days if the employee believes a violation of the first sentence of this paragraph occurred. See Wis. Stat. § 101.055; Public Employee Safety and Health.
C. Weapons Prohibition: Firearms and dangerous weapons are prohibited on all property of the District and at all school-sponsored events. The prohibition includes firearms in vehicles on school property. Licensed peace officers who are serving in their official capacities and off-duty City of South Milwaukee police officers are the only persons excepted from this prohibition. Firearms and dangerous weapons have the definitions set forth in the following statutory provisions: Wis. Stat. §§ 119.25, 120.13(1), 941.235, 948.60, 948.605, 948.61.
D. Disaster Preparedness: All employees must become familiar with building procedures in the event of emergency such as fire, tornado, intruders, etc. When drills are staged, every staff member and student must follow proper procedures. Required training related to preparedness shall be completed in a timely manner.
E. Violent Behavior: Violent behavior of any kind or threats of violence, either direct or implied, are prohibited on District property and at District sponsored events. The District will not tolerate such conduct in its employees, former employees, contractors, or visitors. An employee who exhibits violent behavior shall be subject to disciplinary action up to and including termination and may also be referred to law enforcement.
F. School Violence: Employees are required to contact the South Milwaukee Police Department when there is a belief that there is a severe and imminent threat to the health or safety of a student or school employee or the public.
G. School Safety: Staff members are responsible for following all school safety procedures. This includes the Standard Response Protocols and not propping open doors at any time.
Additionally, District employees are required to notify the personnel office if they have a restraining order against any individual(s) or feel that any individual(s) may be a threat to the employee’s personal safety while at work.
Cross Reference: Policy 512 Equal Opportunity Employment, Nondiscrimination, and Anti-Harassment Policy
Policy 517 Use and Possession of Weapons
3.36 Work Stoppage
Employees of the District shall not engage in, condone, assist or support any strike, slowdown, or sanction, or withhold in full or in part any services to the District. In the event of a violation of this Section, the District may take whatever disciplinary action it deems appropriate, up to and including discharge.
Cross Reference: Policy 528 Unauthorized Work Stoppages
PART 4: INSURANCE AND BENEFITS – ALL EMPLOYEES
4.01 Cafeteria Plan/Flexible Spending Account
The District will provide an Internal Revenue Service authorized cafeteria plan/flexible spending account [FSA] under applicable sections of the Internal Revenue Code (§ 105, § 106, § 125 and § 129) to permit eligible employees to reduce their salary and contribute to an FSA to cover the following expenses:
A. Payment of insurance premium amounts (IRC § 106);
B. Permitted medical expenses not covered by the insurance plan (IRC § 105) to the lawful maximum, and
C. Dependent care costs (IRC § 129) subject to the limitations set forth in the Internal Revenue Service Code.
4.02 COBRA Law Continuation of District Health Plan Participation
The District, pursuant to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and state law, offers employees the opportunity to remain on the District’s health, dental and vision insurance plan at the group rate in certain instances where coverage under the plan would otherwise end.
A. Qualifying Events: An employee, employee’s spouse and an employee's dependent children (if any) covered by and participating in the District’s health insurance plan (medical and dental), may qualify for continuation coverage if District -sponsored coverage is lost due to the occurrence of any of the following qualifying events:
1. Voluntary or involuntary termination of employment for any reason other than “gross misconduct”;
2. Death of the covered employee;
3. Divorce or legal separation from the covered employee;
4. Loss of “dependent child” status;
5. Eligibility for Medicare entitlement;
6. Reduction in work hours such that the employee no longer qualifies for coverage under the plan.
B. Period of COBRA Continuation: In the event of one of the above qualifying events, COBRA coverage is available for up to eighteen (18) months, but may be extended to a total of twenty-nine (29) months in certain cases of disability (see Disability Extension below) or up to thirty-six (36) months if a qualifying spouse or dependent suffers a second qualifying event. The employee, employee’s spouse and each covered dependent has an individual right to request COBRA coverage. Additionally, any child born to or placed for adoption with a covered employee during a period of continuation coverage is automatically considered a qualified beneficiary.
C. COBRA Extension [Second qualifying events]: A spouse or dependent child may be eligible for COBRA extension coverage for a period of up to thirty-six (36) months if coverage is lost due to one of the following second qualifying events:
1. The employee's death;
2. Divorce or legal separation;
3. The covered employee becomes eligible for Medicare;
4. A child loses their “dependent child” status.
*Note: The second event can be a second qualifying event only if it would have caused the qualified beneficiary to lose coverage under the plan in the absence of the first qualifying event.
D. Premium Cost & Payment: The cost for this extended continuation coverage shall not exceed the group rate in effect for an active group member, including the District’s contribution (i.e., the total amount the employee and District have been paying for health insurance coverage). If the cost for COBRA coverage changes during an employee’s participation the employee will be notified of the new premium in writing prior to its due date.
E. Termination of Coverage: Employee continuation coverage may be terminated automatically if:
1. The employee fails to make a monthly premium payment to the District on time;
2. The employee obtains similar coverage through a different employer;
3. The employee becomes eligible for Medicare and converts to an individual policy;
4. The District terminates its health plan;
5. The employee’s guaranteed continuation period expires.
The employee or a qualified beneficiary have the responsibility to inform the District of a divorce, legal separation, or a child losing dependent status under the group health plan within sixty (60) days of the qualifying event. The District will then notify any other covered dependents that are affected by the event of their right to elect COBRA coverage.
COBRA participants must also notify the District if they experience additional COBRA qualifying events during their COBRA term that might qualify them for additional months of extended coverage.
F. Disability Extension - If an employee elects COBRA continuation coverage based on termination of employment or reduction of hours, and the employee or a qualified beneficiary from their family becomes disabled (as determined by Social Security) anytime within the first sixty (60) days of COBRA continuation coverage, the employee and their family’s qualified beneficiaries may elect a special additional eleven (11)-month extension, for a total of twenty-nine (29) months of COBRA continuation coverage. To elect the eleven (11)-month extension, the employee must notify the Plan Administrator within sixty (60) days of the date Social Security determines that the employee or a qualified beneficiary from their family is disabled and within the first eighteen (18) months of COBRA continuation coverage. (The cost of COBRA coverage will increase from 100% to 150% of total premium during this additional eleven (11)-month extension period.).
G. The District will follow any new required, permanent or temporary rules that apply to COBRA for local school districts.
4.03 Dental Insurance
The Board shall provide dental insurance to eligible employees. The insurance carrier(s), program(s), premium contributions, and coverages will be selected and determined by the Board.
A. Eligibility: Administration, Professional Teaching staff
1. Minimum Hours for Any Board Contribution: An employee whose individual contract has an assignment of at least fifty percent of full-time equivalency [50%] is eligible to participate in the District’s dental insurance. For the purposes of employees’ eligibility for insurance, full-time equivalency is defined as working eight (8) hours per day. Hours worked beyond those set forth in the individual contract shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended contracts, summer classes, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than fifty percent of a full-time equivalency [50%] are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
2. Pro-ration of District Contributions: An employee whose individual contract has an assignment of at least fifty percent [50%] of a full-time equivalency, but less than a full-time one hundred percent [100%] assignment, shall have the District’s contribution prorated, consistent with the employee's percentage of employment.
B. Eligibility: Custodians
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1800 working hours per year is eligible to participate in the District’s dental insurance. Hours worked beyond those in the employee’s normal work assignment(s) shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended days, summer work or assignments, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than 1800 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
C. Eligibility: Administrative Assistants
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1557 working hours per year is eligible to participate in the District’s dental insurance. Hours worked beyond those in the employee’s normal work assignment(s) shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended days, summer work or assignments, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than 1557 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
D. Eligibility: Others
Employees not listed in Sections 4.03 A, B, C or E shall receive dental insurance on a case by case basis. Such information shall be provided to each employee in the initial letter of appointment.
A. Employees Not Eligible
Employee groups not eligible for dental insurance benefits include cleaners, school nutrition employees and paraprofessionals.
B. Both Spouses Employed by the District: If both spouses are employed by the District and are eligible for insurance, the employees shall be eligible for two single plans or one family plan. The premium contributions for spouses shall be no different than the premium contribution for a similarly-situated employee whose spouse does not work for the District.
C. Commencement and Termination of Benefits: Coverage will commence on the employee’s first day of the month following the first day of employment. The insurance benefits described in this Handbook and on the individual contract terminate according to the following schedule:
1. If a contracted employee resigns or is terminated during the term of their individual contract, District coverage shall cease at the end of the month the resignation or termination becomes effective.
2. If a school year employee resigns and has completed the school year, insurance benefits shall terminate as of August 31, or when insurance is available at a new position, whichever is earlier. Employees who are 12 month and all retirees shall have insurance benefits terminated at the end of the last month worked.
4.04 Health Insurance
The Board shall provide health insurance to eligible employees. The insurance carrier(s), program(s), premium contributions and coverages will be selected and determined by the Board.
A. Eligibility: Administration, Professional Teaching staff
1. Minimum Hours for Any Board Contribution: An employee whose individual contract has an assignment of at least fifty percent of full-time equivalency [50%] is eligible to participate in the District’s health insurance. For the purposes of employees’ eligibility for insurance, full-time equivalency is defined as working eight (8) hours per day. Hours worked beyond those set forth in the individual contract shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended contracts, summer classes, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than fifty percent of a full-time equivalency [50%] are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
2. Cash in Lieu of Health Insurance: Under the Cafeteria Plan of the District, teachers, custodians, and administrative assistants who are eligible for but decline coverage through the District’s health insurance program shall be offered a monthly cash payment equal to $400 per month. This payment shall cease when the employee is enrolled in the health insurance program subject to the terms of the plan and consistent with the cafeteria plan and the insurance carrier’s enrollment rules.
The District shall offer this option only if it results in the payment of reduced health insurance premiums for the District as a whole.
If both spouses are employed by the District, the couple may not participate in both a family health insurance policy and the cash option under the Cafeteria Plan of the District.
3. Pro-ration of District Contributions: Am employee whose individual contract has an assignment of at least fifty percent [50%] of a full-time equivalency, but less than a full-time one hundred percent [100%] assignment, shall have the District’s contribution prorated, consistent with the employee's percentage of employment.
Part-time teachers between .25 FTE and .49 FTE shall receive a yearly payment of two thousand one hundred dollars ($2,100) and shall not receive any District-paid health insurance.
Part-time teachers under .25 FTE shall not receive any District-paid health insurance and shall not receive a yearly payment.
B. Eligibility: Custodians
1. Minimum Hours for Any Board Contribution: An employee whose school year individual assignment of at least 1800 working hours per year is eligible to participate in the District’s health insurance. Hours worked beyond those in the employee’s normal work assignment(s) shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended days, summer work or assignments, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than 1800 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
2. Cash in Lieu of Health Insurance: Under the Cafeteria Plan of the District, teachers, custodians, and administrative assistants who are eligible for but decline coverage through the District’s health insurance program shall be offered a monthly cash payment equal to $400 per month. This payment shall cease when the employee is enrolled in the health insurance program subject to the terms of the plan and consistent with the cafeteria plan and the insurance carrier’s enrollment rules.
The District shall offer this option only if it results in the payment of reduced health insurance premiums for the District as a whole.
If both spouses are employed by the District, the couple may not participate in both a family health insurance policy and the cash option under the Cafeteria Plan of the District.
C. Eligibility: Cleaners
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1560 (6 hours per day) working hours per year (not including supervisory or other hours) is eligible to participate in the District’s health insurance and receive a single health plan. Cleaners are eligible for family insurance plans. The premium difference between the single and family plans is the responsibility of the employee. Employees whose assignments are less than 1560 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
D. Eligibility: School Nutrition Workers
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1300 working hours per year is eligible to participate in the District’s health insurance and receive a single health plan. School Nutrition staff are eligible for family insurance plans. The premium difference between the single and family plans is the responsibility of the employee. Employees whose assignments are less than 1300 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
E. Eligibility: Paraprofessionals
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1080 (6 hours per day) working hours per year (not including supervisory, summer school or other hours) is eligible to participate in the District’s health insurance and receive a single health plan. Paraprofessionals are eligible for family insurance plans. The premium difference between the single and family plans is the responsibility of the employee. Employees whose assignments are less than 1080 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
F. Eligibility: Administrative Assistants
1. Minimum Hours for Any Board Contribution: An employee whose individual assignment of at least 1557 working hours per year is eligible to participate in the District’s health insurance. Hours worked beyond those in the employee’s normal work assignment(s) shall not be used to determine insurance eligibility or insurance contributions. Such hours excluded may include, but not limited to, the following: extended days, summer work or assignments, co-curricular assignments, substitute assignments, etc. Employees whose assignments are less than 1557 working hours per year are not eligible to participate in the District’s insurance and are not eligible for any District premium contribution.
2. Cash in Lieu of Health Insurance: Under the Cafeteria Plan of the District, teachers, custodians, and administrative assistants who are eligible for but decline coverage through the District’s health insurance program shall be offered a monthly cash payment equal to $400 per month. This payment shall cease when the employee is enrolled in the health insurance program subject to the terms of the plan and consistent with the cafeteria plan and the insurance carrier’s enrollment rules.
The District shall offer this option only if it results in the payment of reduced health insurance premiums for the District as a whole.
If both spouses are employed by the District, the couple may not participate in both a family health insurance policy and the cash option under the Cafeteria Plan of the District.
G. Eligibility: Others
Employees not listed in Sections 4.04 A, B, C, D, E, or F shall receive health insurance on a case by case basis. Such information shall be provided to each employee in the initial letter of appointment.
D. Both Spouses Employed by the District: If both spouses are employed by the District and are eligible for insurance, the employees shall be eligible for two single plans or one family plan. The premium contributions for spouses shall be no different than the premium contribution for a similarly-situated employee whose spouse does not work for the District.
E. Commencement and Termination of Benefits: Coverage will commence on the employee’s first day of the month following the first day of employment and continue for a full twelve (12) month period. The insurance benefits described in this Handbook and on the individual contract terminate according to the following schedule:
1. If a contracted employee resigns or is terminated during the term of their individual contract, District coverage shall cease at the end of the month the resignation or termination becomes effective.
2. If a school year employee resigns and has completed the school year, insurance benefits shall terminate as of August 31, or when insurance is available at a new position, whichever is earlier. Employees who are 12 month and all retirees shall have insurance benefits terminated at the end of the last month worked.
4.05 Liability Insurance
Employees shall be covered for liability in accordance with the terms of the District's liability insurance policy. The insurance carrier(s), program(s), and coverages will be selected and determined by the Board.
4.06 Life Insurance
The Board shall provide life insurance coverage to eligible employees. Nutrition service workers are not eligible employees for this coverage. The District will pay the full cost of the life insurance coverage to the nearest $1,000 above the individual actual salary.
4.07 Long-Term Disability Insurance
The Board shall provide long-term disability (LTD) insurance to eligible employees. Nutrition service workers are not eligible employees for this coverage. The insurance carrier(s), program(s), and coverages will be selected and determined by the Board. If the employee is eligible for health insurance, the employee on LTD may continue participation in the district health insurance plan as a COBRA participant for one year, paying the same monthly contribution as an active employee. After one year, the employee must either return to work or continue the COBRA at full COBRA cost until the remaining COBRA election period is exhausted.
4.08 Short-Term Disability Insurance
Short-term disability insurance will not be provided by the Board. Short-term disability insurance will be available as an employee-purchased benefit. There will be limited open enrollment periods available.
4.09 Vision Insurance
Vision insurance will not be provided by the Board. Vision insurance will be available as an employee-purchased benefit. There will be limited open enrollment periods available. All employees who work at least twenty (20) hours per week are eligible for vision insurance.
4.10 Wisconsin Retirement System (WRS) Contributions
The Board shall contribute the employer’s share. The employee shall pay the employee’s required WRS contribution as required by state statute requirements. Under no circumstances shall the Board pay the employee’s required WRS contribution.
4.11 Worker’s Compensation
All employees shall be covered by Worker's Compensation Insurance. Any employee who is injured on the job shall follow internal procedures to properly report the injury. If internal reporting procedures are not followed, the employee may be subject to disciplinary action.
The employee is responsible for completing the employee report of incident and the employee’s supervisor is responsible for completing the supervisor form. Once all forms are completed, all items must be returned to the district office. In the event of an emergency, the employee shall notify their immediate supervisor within twenty-four (24) hours after the occurrence of the injury or as soon as practicable.
If you are injured at work, the District worker’s compensation insurance may cover your medical costs related to your injury and your lost time. The State of Wisconsin mandates a three (3) day wait for workers’ compensation payments on lost time (time you have been away from work due to the injury). The employee may use personal accumulated paid time off during these three (3) days. Pay through workers’ compensation is payable beginning on the employee’s fourth day of missed work due to the injury. One exception to this is if the employee was intentionally injured by a student. The District will pay the employee for the first three days of missed work if the employee was intentionally injured by a student. This will be determined on a case by case basis after a review of any/all documentation of the incident. No other leaves will be applied to the worker's compensation leave, with the exception of FMLA leave. The employee, subject to the rules and regulations of the carrier, may become eligible for long-term disability leave.
Premiums due to the District for health or dental insurance are required to be paid by the employee to the District throughout the duration of the workers’ compensation leave.
Some types of injuries suffered while at work may not be covered by worker’s compensation insurance. Examples of non-covered injuries suffered at work include, but are not limited by enumeration to, the following:
A. Injuries because of a self-inflicted wound.
B. Injuries sustained because of an employee’s horseplay or fighting initiated by the injured worker.
C. Injuries sustained while an employee was participating in an off-duty activity.
PART 5: PAYROLL AND EXPENSE REIMBURSEMENT – ALL EMPLOYEES
5.01 Annualized Payroll Cycle
All employees scheduled to work the 2025-26 fiscal year will be placed on the twenty-six (26) payroll cycle. Salaried school year employees will be placed on the twenty-six (26) payroll cycle. Hourly school year employees will be paid bi-weekly during their working year.
5.02 Direct Deposit and Deductions
All employees shall participate in a direct payroll deposit plan. Direct deposit statements will first be available for viewing on the employee’s Skyward account on each payday. Direct deposit changes may be made after giving thirty (30) calendar days’ notice in writing. Each non-exempt employee shall receive information indicating the number of hours for which straight time hourly pay is received and the number of hours for which the overtime rate of pay is received. Each exempt employee shall receive information on the employee’s salary received. In addition to the above, each employee shall have access to electronic records indicating the number of accumulated sick leave days, the number of personal days remaining to the employee's credit, and the number of vacation days taken and the number remaining.
Deductions for time off without available paid time off, liquidated damages, and overused personal, vacation or sick time at time of resignation/retirement, will be withdrawn from the last paycheck or paychecks. Exiting employees will receive at least minimum wage for hours worked.
Cross Reference: Handbook Part 6.06, Personal Days
Handbook Part 6.08, Sick Leave
Handbook Part 6.12, Vacation Days
5.03 Expense Reimbursement Procedures
Expenditures incurred by an employee for work related expenses may be reimbursed through the Business Office if the expenditure is preapproved by the employee’s supervisor. The reimbursement will be net sales tax because the District is a tax exempt organization; this requirement will only be waived by the Director of Business Services under extenuating circumstances. All requests for reimbursement must be accompanied by receipts and proper documentation.
Employees required, or approved, by the District to attend conferences, seminars, and in-service training sessions shall not receive reimbursement for travel, meals, lodging, or registration unless prior approval is received. The District reimbursement schedule is listed below. Employees will be reimbursed at the following rates, or actual cost, whichever is less.
Breakfast: $10.00
Lunch: $15.00
Dinner: $20.00
Lodging: The government rate (unless pre-approved for a higher rate)
Registration: Actual cost of registration
Please note that meals will not be reimbursed if the cost of the meal is included in the registration fee.
5.04 Mileage Reimbursement
The District shall reimburse employees an amount equal to $0.50 per mile. Mileage reimbursement must be due to an employee required by the District to drive their personal vehicle during the course of performing duties for the District. Teachers and specified other salaried staff members traveling to more than one school with the use of a vehicle, shall receive a yearly stipend of $300.
Travel with a total of sixty (60) miles or less shall not be reimbursed. Travel with a total of over sixty (60) miles shall receive full mileage reimbursement. Staff members who transport students (or who travel for specific student needs) as a part of their work day or extra-curricular activities shall not be subject to the sixty (60) mile limitation on mileage reimbursement. Forms to be used to report mileage shall be available in the business office. Administrators are not eligible for travel stipends.
5.05 Payroll Dates and Yearly Increases
Payroll dates will occur every other Friday. Payroll dates that fall on a federal holiday will have payroll direct deposits issued the previous day. There may be an adjustment for salaried employees if the calendar includes 27 pay periods.
Employees who are hired during first semester and continuously employed during the first and second semesters will receive a salary increase the following school year and employees hired during the second semester will not receive an increase for the next school year.
5.06 Salary Deferrals – Tax Sheltered Annuities (TSA)
The District will maintain a TSA program without regard to the employee’s current contribution amounts. Employees shall have the opportunity to participate in the District’s Internal Revenue Service (IRS) Code 403(b) Savings Program and invest their money through salary deferral in annuities and other qualifying IRS Code 403(b)(7) investment vehicles (collectively referred to as an “Investment Vehicle”).
The District has approved and will maintain a 403(b) Plan Document that includes all the relevant information related to the TSA/403(b) plan.
Deferred Compensation: Employees may defer salary through the Wisconsin Deferred Compensation Plan (457). The plan limitations and salary deferral rights will be those permitted by the TSA unless the Deferred Compensation plan’s rules are in conflict, in which case the Deferred Compensation rules shall apply.
5.07 Timekeeping Procedures
Employees shall follow all timekeeping procedures as determined by the administration, including not clocking in prior to entering the workplace and not clocking out once they have left the workplace. Hourly employees are required to accurately and honestly record actual hours worked on timecards or electronic system, as applicable. Failure to follow these procedures may result in disciplinary action.
PART 6: LEAVES – ALL EMPLOYEES
6.01 Bereavement Leave
In the event of death in an employee's immediate family, the employee shall be allowed per occurrence up to five (5) days off work with pay. Immediate family for this section includes the employee’s parents, spouse, domestic partner, fiancé, children, and step-relatives of the same relationship as provided herein of the employee and their spouse or domestic partner.
In the event of death in an employee's extended family, the employee shall be allowed per occurrence up to three (3) days off work with pay. Extended family for this section includes the employee’s brother, sister, grandchildren, grandparent, and step-relatives of the same relationship as provided herein of the employee and their spouse or domestic partner.
Employees shall be granted up to one (1) day per occurrence to attend funerals of all other relatives and/or close friends of the employee and their spouse or domestic partner, and other individuals residing in the employee’s household. Such days shall be deducted from the employee’s accumulated sick leave or, if no sick leave is available, taken without pay unless personal leave or vacation time is available.
In extenuating circumstances, additional days may be granted by the Director of Personnel, Administrative and Legal Services or their designee. Such additional days, at the option of the employee, shall be deducted from the employee's accumulated sick leave if the employee wants paid leave.
Part-time employees will receive bereavement leave on a pro-rated basis based upon the number of hours they are scheduled to work.
6.02 Child Rearing
B. Duration of the Unpaid Child Rearing Leave Once the Employee have been Employed for One Full School Year: The maximum length of the leave (after FMLA has been exhausted) shall be limited to an additional four (4) weeks of unpaid childrearing leave.
An early return from the leave shall only be upon the mutual agreement of the employee and the Director of Personnel, Administrative & Legal Services or their designee.
C. Benefits During the Unpaid Child Rearing Leave:
1. Once the employee has been employed for one year, the first two (2) weeks of childrearing or FMLA for the birth, adoption or foster care of a child, shall be paid at the employee's normal rate of pay without use of any paid time off. District paid childrearing leave may only be applied once per school year. This leave expressly does not extend FMLA or unpaid childrearing time off.
2. Time beyond the two (2) weeks of paid childrearing is an unpaid leave (except as may be applicable during the FMLA portion of the leave).
3. During the unpaid child rearing leave, the employee may continue participation in insurance programs at their own expense subject to approval of the carrier. If the premium is not received by the first of the month, the employee’s insurance coverage shall be terminated.
4. During the unpaid child rearing leave, the employee shall retain accumulated paid leave, but shall not accrue any additional paid leave.
D. Return from the Unpaid Child Rearing Leave: If the employee does not return after the leave, they will be deemed to have resigned from their position with the District as of the expiration date of the leave. Upon return from any leave of absence, the employee may be returned to their former position, if available. If the former position is not available as determined by the District, the employee shall be returned to a position equivalent in terms of percentage of contract unless the employee’s percentage of contract was reduced or increased due to nonrenewal and/or reduction in force, whichever is applicable. Employees will be returned to their former position if the total leave of absence from the position is under 6 months, with very limited exception that would be communicated to the employee.
E. Interaction with family and medical leave provisions: Child rearing leave, the term of such leave and participation in insurance programs under this section as provided for above shall run concurrent with any family leave(s) provided for under the Wisconsin Family and Medical Leave Act and/or under the Federal Family and Medical Leave Act.
F. During the period of approved FMLA leave due to the birth or adoption of a child, married couples who are both District employees may transfer accrued sick leave from one spouse to the second spouse upon written request. All other applicable laws regarding FMLA shall be followed at all times.
6.03 Holidays
A paid holiday is a day off with pay for the number of hours the employee normally works. Paid holidays will be provided to full-time and part-time employees according to the following schedule (unless otherwise provided in an individual contract or this Handbook):
A. 12 Month Employees
1. January 1
2. Memorial Day
3. July 4
4. Labor Day
5. Day before Thanksgiving Day
6. Thanksgiving Day
7. Day after Thanksgiving Day
8. December 24
9. December 25
10. December 31
B. Employees working at least 225 days per fiscal year, but less than a full calendar year
1. January 1
2. Memorial Day
3. Labor Day
4. Day before Thanksgiving Day
5. Thanksgiving Day
6. Day after Thanksgiving Day
7. December 31
C. School Year Employees working less than 225 days per fiscal year:
1. January 1
2. Memorial Day
3. Thanksgiving Day
For all hours worked by an hourly paid employee on any of the holidays specified, the employee shall be paid at two (2) times their regular rate of pay.
If any of the holidays listed above fall on a weekend, the administration shall determine the workday to be observed as the holiday.
In order to be eligible for holiday pay, an employee must work the employee's scheduled workdays immediately preceding and following the holiday, unless the employee is on an excused absence with pay which has been approved by the Superintendent and/or their designee. Employees on unpaid leave of absence shall not be eligible for holiday pay if the holiday falls during the absence period.
6.04 Jury Service or Court Leave
Jury Service
A non-accumulative paid leave for as much time as is required will be provided to an employee to serve on a jury for which they are summoned by the court when such duty occurs during the employee’s work hours. No paid leave will be provided for jury duty that occurs outside of the employee’s regular work hours or work days. The district strongly encourages deferment of jury service to a time when students are not in session.
An employee must notify their immediate supervisor as soon as notice of jury duty is received. Also, the employee is expected to contact their immediate supervisor immediately upon termination of jury duty or when temporarily relieved of jury duty.
An employee who is unable to report for work because of jury duty will be paid the regular hours they are scheduled to work. The employee will send the check received from serving on the jury to the Director of Business Services and/or their designee. Travel reimbursement is not due to the District. The employee will not suffer any loss of benefits that would be accrued during this time (i.e. sick leave, health insurance, vacation, etc.) or loss of any salary adjustment to which the employee is entitled. The time required for any employee to serve on jury duty will not be deducted from sick leave or vacation time the employee has earned or will earn in the future.
6.05 Military
Employees performing duty, whether on a voluntary or involuntary basis, in a uniformed service shall be granted a leave of absence in accordance with the provisions of federal law, state law, and this Handbook.
The “uniformed services” consist of the following [20 CFR § 1002.5(o)]:
A. Army, Navy, Marine Corps, Air Force and Coast Guard
B. Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve and Coast Guard Reserve
C. Army National Guard and Air National Guard
D. Commissioned Corps of the Public Health Service
E. Any other category of persons designated by the President in time of war or emergency
Employees shall continue to accrue length of service for wage/salary increments, if applicable, and all other purposes where length of service is a factor. The employee's absence shall not be construed as a break in service for any purpose.
Reemployment rights extend to persons who have been absent from a position of employment because of “service in the uniformed services.” “Service in the uniformed services” means the performance of duty on a voluntary or involuntary basis in a uniformed service, including:
- Active duty and active duty for training
- Initial active duty for training
- Inactive duty training
- Full-time National Guard duty
- Absence from work for an examination to determine a person’s fitness for any of the above types of duty
- Funeral honors duty performed by National Guard or Reserve members
- Duty performed by intermittent employees of the National Disaster Medical System (NDMS), which is part of the Department of Health and Human Services, when activated for a public health emergency, and approved training to prepare for such service (added by Pub. L. 107-188, June 2002). See 42 U.S.C. § 300hh-11(d).
Other Benefits During Leave
With respect to any other benefits, the District acknowledges that, to the extent required under USERRA, an employee who is on leave and engaged in covered uniformed service is entitled to such other rights and benefits not determined by seniority as the District generally provides to other employees having similar seniority, status, and pay who are on a leave of absence or furlough under a contract, agreement, policy, practice, or plan in effect at the commencement of such uniformed service or as may be established while such person performs such service. If such non-seniority benefits to which employees on furlough or leave of absence are entitled vary according to the type of leave, an employee who engaged in uniformed service covered by USERRA must be given the most favorable treatment accorded to any comparable form of leave that is applicable. See 38 U.S.C. §§4303(2) and 4316(b)(1); 20 C.F.R. §1002.150(b).
Written notice must be provided at least 30 days in advance or as soon as possible after the employee receives orders so the employer can adequately plan for the absence. Whenever possible, the request should be accompanied by a copy of the reservist's military orders. The request shall be submitted to the Director of Personnel, Administrative & Legal Services or their designee.
6.06 Personal Days
The personal day section 6.06 is a pilot for the 2025-26 school year and will be reconsidered prior to the 2026-27 school year.
Personal leave may be used by employees. All employees working at least 180 days per year shall receive three (3) personal days per year. Employees working under 180 days per year shall receive two (2) personal days per year.
Part-time employees will receive personal leave on a pro-rated basis based upon the number of hours they are scheduled to work.
Personal leave days shall not be used to extend a holiday, school vacation, or school recess period. The personal leave day will not be granted for teachers on a parent-teacher conference day or on a professional development day. Personal leave during these days may be approved on a limited basis at the discretion of the Director of Personnel, Administrative & Legal Services or their designee. Personal leave shall not be used to engage in job actions in South Milwaukee.
If an employee has used more personal days than they have earned at the time the employment relationship is severed, the district may deduct a sum equal to the personal days used, but unearned from any earned but unpaid salary/wages.
Approval of Personal Leave and the Total Number of Employees on Personal Leave
A. A request in writing, or through the absence management electronic program, to the employee’s supervising administrator shall be made as far in advance as possible, normally not less than ten (10) days. Emergencies may delay the submitting of the written statement until the employee returns to work.
B. The supervising administrator has the right to approve or deny all requests.
C. The supervising administrator may limit the number of granted personal days on any given day due to supervision or other legitimate concerns. The maximum number of staff members that may be absent due to personal days shall not exceed 10% of the staff in that employee group in that building (or department if the position has a district assignment).
Accrual of Personal Leave
Employees may accrue up to four (4) personal days. Unused personal days that cannot be carried over will be placed into the employee’s sick leave.
Part-time employees will receive personal leave on a pro-rated basis based upon the number of hours they are scheduled to work.
6.07 School Cancellation Days
The superintendent shall close school and/or school activities at their discretion for weather or other emergencies. The District shall have the discretion to require employees to report to school on days when school is closed for students due to non-weather related emergency reasons.
Teachers shall not receive additional compensation in the event the District requires such day(s)/time to be made up with or without pupils. Teachers shall not receive a deduct in pay for days that the District or building is closed under this section.
Clerical and professional employees shall have the discretion to report to work or work virtually on days when school is closed due to inclement weather, if the building may be opened safely for non-custodial staff, at the discretion of the superintendent. Food service employees and paraprofessionals are not to report to work on days when school is closed due to inclement weather. Unless otherwise notified, custodians are always required to report to work on days the school is closed for students due to inclement weather.
Salaried employees may not have salaries docked per state and federal guidelines. Hourly employees will be paid their normal pay for the day, unless the day is or will be rescheduled to later in the school year. Hourly employees are required to attend days that are rescheduled; if an employee cannot attend then one of the paid days will be docked from the last payroll.
Employees will be required to work any day designated as a make-up day by the School Board, which requires teachers to be in attendance. Hourly employees will be paid only for hours actually worked or for paid time off used.
6.08 Sick Days
The sick day section 6.08 is a pilot for the 2025-26 school year and will be reconsidered prior to the 2026-27 school year.
School year employees shall be eligible for eight (8) sick days per year. Eleven-month employees shall be eligible for nine (9) sick days per year. Calendar year employees shall be eligible for ten (10) sick days per year.
Hourly employees shall accumulate sick days in hours. Sick leave accumulation is subject to the limitations found below. All sick leave is limited to three (3) days per medical issue unless FMLA paperwork is approved. Documentation of medical appointments may be required upon request. Sick leave for part-time employees shall be pro-rated.
A. Sick leave shall be paid for any absence from work due to the:
1. Personal illness, injury or serious health condition of the employee.
2. Illness or injury of an employee's child, spouse, domestic partner, parent or employee’s sibling.
3. Serious health condition (i.e., FMLA) of a spouse, child, domestic partner or parent.
4. Medical or dental appointments for the employee, spouse, domestic partner, parent, and/or child that cannot be scheduled outside of the employee's regularly scheduled work hours.
B. Definitions: the following definitions apply under this section:
1. Child: means a natural, adopted, foster or treatment foster child, a child of a domestic partner, a stepchild or a legal ward who is less than eighteen (18) years of age or the individual is eighteen (18) years of age or older and cannot care for himself or herself because of a serious health condition.
2. Parent: means a natural parent, foster parent, treatment foster parent, adoptive parent, stepparent or legal guardian of an employee or an employee's spouse or domestic partner.
3. Spouse: means an employee's legal husband or wife.
4. Sibling: means an employee’s biological, step, adoptive or foster sibling.
5. Domestic Partner: means a relationship between two (2) individuals that satisfies all of the following:
a. Each individual is at least eighteen (18) years old and otherwise competent to enter into a contract.
b. Neither individual is married to, or in a domestic partnership with, another individual.
c. The two (2) individuals are not related by blood in any way that would prohibit marriage under § 765.03, Wis. Stats.
d. The two (2) individuals consider themselves to be members of each other's immediate family.
e. The two (2) individuals agree to be responsible for each other's basic living expenses.
f. The two (2) individuals share a common residence. Two individuals may share a common residence even if any of the following applies:
1). Only one of the individuals has legal ownership of the residence.
2). One or both of the individuals have one or more additional residences not shared with the other individual.
3). One of the individuals leaves the common residence with the intent to return.
C. Sick Leave Increments: Sick leave may be allowed in increments of .25 hour.
D. Sick Leave Accrual: Salaried employees will accrue all sick leave at the start of the year, even though not all leave has been earned. Hourly employees will accrue sick leave twice a year, with half accrued as of July 1 and half accrued as of January 1. Sick leave is earned at one day per month
E. Sick Leave Accumulation: Sick leave for employees will accumulate for full-time employees to a maximum of ninety (90) days. Employees who have accumulated over ninety (90) days will be required to use the accumulated days until the accumulated number is at ninety (90) days or below before new sick days will be provided.
Sick leave for part-time employees will accumulate to a maximum of ninety (90) workdays. Days for part-time employees are based upon the actual number of hours worked per day of the part-time employee. Employees who have accumulated over ninety (90) days will be required to use the accumulated days until the accumulated number is at ninety (90) days or below before new sick days will be provided.
F. Sick Leave and Long-term or Short-term Disability: In the event an employee becomes eligible for benefits under the District's long term disability insurance program, the employee will no longer receive paid sick leave. Employees may take sick leave at the same time as short term disability.
G. Overused Sick Leave: If an employee leaves the school system prior to the completion of their contract term or the school/calendar year for an individual employee and had used all sick leave, a sum equal to the sick leave days used but not earned would be deducted from the remaining pay. Deductions will be based on one (1) day of paid sick leave earned per month of employment to a maximum of ten (10) days per contract year.
H. Reporting Procedure - Doctor's Certificate: Each employee shall be required to inform their supervisor prior to, or within two (2) hours of their normal daily starting time of their need to be absent for one of the reasons stated in Section A above, except in emergencies. Whenever the supervisor deems such verification appropriate, the employee may be required to furnish the District with a certificate of illness signed by either a licensed physician or a nurse practitioner. Such certificate should include a statement releasing the employee to return to work and a statement as to whether any limitations or restrictions are placed upon the work which may be performed. Nothing in this section shall be interpreted as limiting the District's ability to discipline or discharge employees for excessive absenteeism. A Doctor’s Certificate will be required for appointments on days immediately adjacent to a school recess.
I. Holidays during Sick Leave: In the event that a paid holiday falls within a period when an employee is on paid sick leave, it shall be charged as a paid holiday and not deducted from the employee's earned sick leave.
6.09 Special Time Off Requests
Overview
The purpose of this process is to allow flexibility for school year employees to have needed time off during the school year, while balancing the importance of school staff in their roles during student days and professional learning time. This section applies to school year employees only; it does not apply to 12 month employees.
Unpaid Days
School year employees may request up to three (3) full unpaid days every five (5) years. These days may be used to extend a school recess, as limited below, and may be combined with accrued personal days. Requests must be submitted through the approved Google Form, found in the HR News & Notes Information Sheet, or other published document.
Personal or Unpaid Days Next to a School Recess
School year employees may generally not take a personal or unpaid day next to a school recess. The use of a personal day(s) next to a school recess is limited to once every 5 years. These may be requested through the mentioned Google form and limited to the following number of staff members on a first requested, first approved basis:
- 4 elementary staff;
- 2 middle school staff
- 3 high school staff
A school recess is defined as a weekday that is not a teacher work day. Examples include holiday breaks, winter and spring breaks, and the Friday after parent teacher conferences.
Days off under this section will generally not be approved on a professional learning day without extenuating circumstances.
6.10 Unpaid Leave
This section relates to unpaid leave more than a few days in length. For short term unpaid leave, please refer to section 6.09. In general, unpaid leave is not provided to employees except for “once in a lifetime” opportunities. Unpaid leave will not be granted on a regular basis for non-medical reasons.
All requests for unpaid leave of absence, other than emergencies, must be submitted to the District at least ninety (90) days prior to the anticipated beginning of the leave. Such application will be reviewed and processed by the Director of Personnel, Administrative & Legal Services or their designee and shall be granted or denied in their sole discretion. Late requests may be accepted in cases of emergency or unforeseen circumstances. The unpaid leave of absence shall not exceed one (1) calendar year.
Length of service and other benefits shall not accrue during such leave. For leaves longer than one month, the employee may continue health insurance during the leave of absence by remitting the full premium amounts to the District under COBRA. The continuation of health insurance at the employee’s expense is contingent upon the health insurance carrier allowing such a benefit. If the premium is not received by the first of the month, the employee’s insurance coverage shall be terminated. Please see Part 4, COBRA, for a full explanation of insurance continuation options.
For leaves longer than one month, the employee shall retain accumulated paid leave, but shall not accrue any additional paid leave during the unpaid leave.
For leaves of twelve (12) weeks or longer, the employee shall notify the Director of Personnel, Administrative & Legal Services or their designee of the employee’s intent to return to work at least forty-five (45) days prior to the expiration of the leave. If the employee does not provide such notice they will be deemed to have resigned from their position with the District as of the expiration date of the leave. Upon return from any leave of absence, the employee may be returned to their former position, if available. If the former position is not available as determined by the District, the employee shall be returned to an open position equivalent in terms of percentage of contract unless the employee’s percentage of contract was reduced or increased due to nonrenewal or reduction in force, whichever is applicable.
6.11 Unpaid Medical Leave
Unpaid medical leaves of absence are for absences of longer than what the employee is eligible for under state or federal FMLA laws or long-term disability. All requests for a medical leave of absence, other than emergencies, must be submitted to the District at least thirty (30) days prior to the anticipated beginning of the leave. Such application will be reviewed and processed by the Director of Personnel, Administrative & Legal Services or their designee and shall be granted or denied in their sole discretion.
A physician’s statement attesting to the disability and anticipated duration of the leave may be required. The District reserves the right to request interim statements from the physician. The unpaid medical leave of absence shall not exceed one (1) calendar year.
A. Benefits During Unpaid Leave:
1. Length of service and other benefits shall not accrue during such leave.
2. The employee may continue health insurance during the leave of absence by remitting the full premium amounts to the District. The continuation of health insurance at the employee’s expense is contingent upon the health insurance carrier allowing such a benefit. If the premium is not received by the first of the month, the employee’s insurance coverage shall be terminated.
3. During the unpaid leave, the employee shall retain accumulated paid leave, but shall not accrue any additional paid leave.
B. Placement upon Return from Leave: The employee shall notify the Superintendent or their designee of the employee’s intent to return to work at least ninety (90) days prior to the expiration of the leave. If the employee does not provide such notice, they will be deemed to have resigned from their position with the District as of the expiration date of the leave. Upon return from any leave of absence, the employee may be returned to their former position, if available. If the former position is not available as determined by the District, the employee may be returned to an available position for which the District determines the employee is qualified, equivalent in terms of percentage of contract unless the employee’s percentage of contract was reduced or increased due to nonrenewal or layoff, whichever is applicable.
The employee shall be eligible to return to duty from an unpaid medical leave of absence when they are physically able provided:
1. The employee has previously indicated their intent to return to duty following the expiration of the medical leave.
2. The employee provides their physician's certification that they are able to return to work. The District reserves the right to designate another physician to verify or refute the employee’s physician's certification. If the two physicians' certifications are in conflict, a third mutually agreed to physician will issue a physician's certification. The third physician's certification will be binding on the parties. The District will pay all costs associated with the second and third physician’s certification.
C. Failure to Return after Expiration of Leave: In the event the employee does not return to work following the expiration of the leave, and subject to applicable legal restrictions, they will be deemed to have resigned their position with the District and waived any and all rights to further employment by the District.
D. Interaction with Family and Medical Leave Provisions And COBRA: Unpaid medical leave, the term of such leave and participation in insurance programs under this section as provided for above shall be consistent with any leave(s) provided for under the Wisconsin Family and Medical Leave Act and/or under the federal Family and Medical Leave Act. COBRA may also apply during times of unpaid medical leave
6.12 Vacation Days
Vacation days shall be as set forth in the applicable employee section of the Handbook. Vacation days that are not used will be lost and not paid out, with the exception that 5 days of vacation may be carried over to the next fiscal year.
Overused Vacation Days
If an employee leaves the school system prior to the completion of their contract term or the school/calendar year for an individual employee, and had used all vacation days, a sum equal to the vacation days used but not earned would be deducted from the remaining pay. Deductions will be based on vacation earned equally per month of an employment year.
PART 7: GRIEVANCE PROCEDURE
Employees shall use the following procedure as the exclusive internal method for resolving disputes regarding employee termination, employee discipline or workplace safety issues. A determined effort shall be made to settle any grievance at the lowest possible level in the grievance procedure.
7.01 Timelines
A. Informal Grievance Submission: The employee must discuss any grievance related to discipline or workplace safety with the employee’s immediate supervisor prior to filing a formal written grievance in order to informally resolve the issue. Grievances related to termination may proceed straight to the written grievance step.
B. Formal Grievance Submission: If the grievance is not resolved at the informal level, the employee may file a written grievance within fifteen (15) working days of the termination, discipline or actual or reasonable knowledge of the alleged workplace safety issue. “Working day” is defined as any day that the District Business Office is open. The grievance must be in writing.
C. Administrative Response: The Director of Personnel, Administrative & Legal Services (or designee) will meet with the grievant within fifteen (15) working days of receipt of the written grievance. The Administration will provide a written response within five (5) working days of the meeting.
D. Impartial Hearing: If the grievance is not resolved at the formal grievance level, the grievant may file an appeal to the Impartial Hearing Officer by giving written notice to the Director of Personnel, Administrative & Legal Services within ten (10) working days of the Administrative Response. The Administration will work with the Impartial Hearing Officer and grievant to schedule a mutually agreeable hearing date.
If there is a dispute over the timeliness or the ability to use the grievance procedure on the issue, the Administration shall have the discretion to bifurcate the hearing for the purpose of deciding those issues (i.e., address whether the grievance was filed in a timely manner before hearing the merits of the grievance or address whether the content of the grievance is properly before the impartial hearing officer.)
The hearing shall be closed to the public. Direct testimony of students will not be allowed. Written and notarized statements of students may be submitted and not considered hearsay.
E. Impartial Hearing Officer Response: The Impartial Hearing Officer shall file a written response within thirty (30) working days of the hearing date.
F. School Board Review: If the grievance is not resolved at the IHO level, the non-prevailing party may file a request for School Board review within ten (10) working days of receipt of the Impartial Hearing Officer Response. The School Board shall make a decision regarding whether or not a hearing will be held within twenty-five (25) working days of the appeal. A written decision will be made within sixty (60) working days of the filing of the appeal. The School Board’s decision is final and may not be appealed.
G. All timelines may be extended by mutual agreement.
7.02 General Requirements
A. An employee may only initiate a grievance in writing regarding employee termination, employee discipline or alleged workplace safety issues.
1. The term “employee termination,” as used in this section, shall not include the following:
a. Layoffs;
b. Workforce reduction activities;
c. Voluntary termination including, without limitation, quitting or resignation;
d. Job abandonment;
e. End of employment due to disability;
f. Retirement;
g. Non-renewal under Wis. Stat. Section 118.22; or,
h. Any other cessation of employment not involving involuntary termination, including but not limited to, completion of assignment of a temporary, seasonal, contract, daily assignment, substitute, or replacement employment relationship.
2. The term "employee discipline,” shall include any employment action that results in disciplinary suspension without pay, disciplinary reduction in pay or other benefits, or disciplinary demotion.
The term “employee discipline,” as used in this section, shall not include the following:
a. Plans of correction or performance improvement;
b. Performance evaluations or reviews;
c. Documentation of employee acts and/or omissions in an employment file;
d. Oral or written reprimands;
e. Administrative suspension with pay;
f. Administrative suspension without pay pending investigation of alleged misconduct or nonperformance;
g. Non-disciplinary wage, benefit or salary adjustments; or,
h. Other non-material employment actions.
3. The term "workplace safety" as used in this section means any alleged violation of any standard established under state law or rule or federal law or regulation relating to workplace safety.
B. The written grievance must contain:
1. A statement of the pertinent facts surrounding the nature of grievance.
2. The date the incident occurred.
3. The steps taken to informally resolve the grievance, the individuals involved in the attempted resolution, and the results of such discussion.
4. The specific requested remedy; and,
5. Must include the workplace safety rule alleged to have been violated, if applicable.
C. The Administration's written response to the grievance must contain:
1. A statement of the date the meeting between the Administration and grievant was held.
2. A decision as to whether the grievance is sustained or denied.
3. In the event the grievance is denied, a statement outlining the timeline to appeal the denial.
D. Impartial Hearing Officer Selection: The Administration shall select the Impartial Hearing Officer (IHO). The IHO shall not be an employee of the district. The IHO may be an employee of another district, a retired school administrator, a lawyer, a professional mediator/arbitrator, or other qualified individual. The cost of the IHO will be the responsibility of the district.
E. Impartial Hearing Officer Standard of Review: The IHO will adhere to specific guidelines set forth by the District regarding hearing procedures. The standard of review for the IHO will be whether the decision of the Administration was arbitrary or capricious based on the standard required in the Handbook. A decision will not have been arbitrary or capricious if it was made in the best interest of the district. If the decision was not arbitrary or capricious then the IHO is required to find on behalf of the Administration. The Rules of Evidence will not be strictly followed, but no factual findings may be based solely on hearsay evidence.
F. The Impartial Hearing Officer's written recommendation to the grievance must contain:
1. A statement of the pertinent facts surrounding the nature of the grievance.
2. A recommendation as to whether the grievance is sustained or denied, with the rationale for the recommendation.
3. A statement outlining the timeline to appeal the recommendation.
4. The IHO must sustain or deny the decision of the Administration. Authority is not given to modify the decision as made by the Administration. Authority is not given to grant in whole or in part the specific request of the grievant.
G. Appeal to the School Board: The School Board may decide, in each situation, whether it will review the record and make a decision, assign an independent hearing officer to create a recommendation for the School Board’s review, or hold a new hearing and make an independent decision. The manner of review is the sole choice of the School Board. All School Board actions throughout this process shall comply with the requirements of Wisconsin’s Open Meetings Law.
If the School Board meets with the parties for a hearing to review evidence and hear testimony relating to the grievance, all exhibits must have been either presented at a previous grievance step or must have been provided to the other party at least twenty-four (24) hours prior to the hearing. This review by the School Board will be held in closed session.
H. The School Board’s written decision regarding the grievance must contain a decision as to whether the grievance is sustained, denied or modified.
7.03 Process
A. Grievances will be processed per the provided timelines.
1. An employee may advance a grievance to the next step if a response is not provided within the designated timeframes.
2. An employee may not file or advance a grievance outside of the designated timeframes.
3. The Director of Personnel, Administrative & Legal Services may advance a grievance to the next step at the written request of either the employee or the supervisor.
4. Failure of the employee to adhere to any of the specified timelines within the process shall result in the grievance being denied. Timelines may only be extended through the mutual consent of both parties. The School Board in its discretion may, however, consider an otherwise untimely grievance at the School Board level of the grievance procedure.
B. Grievance meetings/hearings held during the employee’s off-duty hours will not be compensated.
C. Any grievant may be represented at all stages of the grievance procedure by a representative of their own choosing.
D. Grievances of the same type, and with similar factual situations, may be consolidated at the discretion of the Administration.
E. Granting the requested or agreed upon remedy resolves the grievance.
F. The decision of the School Board is final and not subject to further review.
PART 8: PROFESSIONAL TEACHING STAFF
8.01 Professional Hours/Workday
Teachers are professional employees as defined by the federal Fair Labor Standards Act and the Wisconsin Municipal Employee Relations Act, § 111.70(1)(L), Wis. Stats.
Although professionals’ work is not limited to any specified number of hours or days per week, the “normal” hours of work for full-time employees in positions authorized as “40 hours per week” as well as a duty-free lunch period of at least thirty (30) minutes each day. A 40-hour work week for middle school and high school teachers results in a typical work day equivalent to 7:15 am - 3:45 pm. At the elementary level, the work day is equivalent to 8:00 am - 4:30 pm.
Professional Hours
Education and teaching is a professional occupation. The professional staff is expected to be with students for their supervision and instruction and to be present at those times needed to carry out their professional responsibilities. Professional responsibilities include, but are not limited to time and events such as: all instructional time, grade level/department/building/district meetings, professional development, active supervision duties, attending and supporting youth at concerts, some PTO/booster/school events, etc. At times, these requirements may result in work days with more than 8 hours of required time.
Part-time staff members are required to attend 100% of professional development expectations to include professional development, grade level, department, and faculty meetings without additional compensation. Part-time staff members are required to attend 100% of open house time. Part-time teachers are required to work the assigned percentage of FTE for all parent teacher conferences and required record days.
A common expectation for all South Milwaukee staff members is that they may manage their work time; South Milwaukee faculty are committed to students as demonstrated through their completion of classroom responsibilities, duties and work. Teachers are to be available to meet with parents, staff, colleagues, and administration, and participate in meetings or professional responsibilities including contributing to the school community through attending school sponsored events.
South Milwaukee school faculty has the flexibility to not be at work for a defined eight-hour work day. Teachers manage their work time and operate under “professional hours”. Teachers are expected to be at their work areas during their assigned duties and teaching assignments and 15 minutes prior to and after the student day, unless excused by their building principal or their designee. Teachers are collectively responsible for overall student learning, safety of students and their own professional responsibilities. For example, teachers should be in attendance before and after the regular student day for activities such as faculty/department/grade level meetings, IEP meetings, student assistance, etc. Teachers are expected to fulfill their professional responsibilities, including all duties.
Administration will recognize teachers’ professional judgment in managing their time as long as professional responsibilities are met. Flexibility in scheduling for child care issues, family or personal business, allows teachers to adjust their schedules, as long as arrangements are made to attend meetings and fulfill professional responsibilities. Teachers may leave early or arrive late occasionally due to an appointment, or complete an errand during a prep period, without logging time away as long as instructional time or other work duties are not missed (but must inform the office as a professional courtesy). Misuse of professional hours will result in disciplinary action.
School Calendar
The school calendar shall be determined by the Board. The calendar shall consist of one hundred ninety (190) teacher days. The determination of the structure of the days, e.g. instructional, professional development, holiday, workdays, etc., shall be at the discretion of the Board.
8.02 Professional Growth
Duty to Remain Current
All teachers shall engage in independent and active efforts to maintain high standards of individual excellence. Such efforts shall include keeping current in each specific and applicable area of instruction, coplanning and PLC best practices, Board established curriculum, as well as continuing study of the art of student-centered pedagogy. In addition to maintaining high standards of excellence for the students and school, the teacher will be available during the contractual year and day to their colleagues for assistance, to the District for services beyond those specifically required as part of their individual contractual duties, and to the community as a valuable resource. Some professional learning opportunities will occur outside of the normal student day.
Mentoring
All new teachers to the District will be placed into the District’s mentoring program. All aspects of the mentoring program, including attendance at meetings, is expected of new teachers to the District as well as active mentors.
Professional Learning Days
The District recognizes the importance of staff development that is designed to enhance professional knowledge, skills and dispositions to meet job responsibilities and positively impact the achievement of the District’s mission. Therefore, all teachers are required to attend all professional learning days of the District. Part-time teachers shall attend all meetings without additional compensation or time off. Personal days and pre-scheduled sick days shall not be granted on professional development days without unique and unavoidable cause. If a staff member misses professional learning time due to an unavoidable cause, it is the staff member’s responsibility to ensure they receive the professional learning information through communication with administration and/or collaborative teacher teams.
Teachers must be present for the complete professional development day and may not leave early for extra-curricular activities. Coaches may leave early for game day timelines.
8.03 Teacher Assignments, Vacancies and Transfers
Teacher Assignments, Vacancies and Transfers
Teachers may be assigned or transferred by the Superintendent and/or their designee.
Teachers in the District are free to request transfers. The right of transfer remains as a function of the District. The District will make every effort to relocate teachers at their request whenever possible, but at the same time, seek to maintain a balanced staff.
The District retains the right to fill, select, assign and hire staff at its discretion and to determine the qualifications and job descriptions for any positions.
Employees should refer to the Internal Transfer Process document for more information.
Employee Resignations
A. The teacher’s individual contract shall be considered binding on both parties. If for any reason a teacher asks for release from the contract, it is understood that the following conditions for release shall apply:
1. The teacher must give the District notice that they intend on severing their contract with the District. Whenever possible, the teacher should provide such notice at least ninety (90) calendar days prior to the date the employee desires the severance to occur.
2. It is agreed that liquidated damages are due to the District as follows:
a. Five hundred dollars ($500) if the employee’s resignation is provided after June 15, but before July 1st.
b. One thousand dollars ($1,000) if the employee’s resignation is provided on or after July 1st, but before August 1st.
c. Two thousand dollars ($2,000) if the employee’s resignation is provided on or after August 1st, but before September 1st.
d. Three thousand dollars ($3,000) if the employee’s resignation is provided on or after September 1st.
3. Liquidated damages do not apply to teachers who do not return their contracts per the timelines in the Wisconsin Statutes.
4. The employee shall submit a check for the liquidated damages amount at the time of resignation. If a check for liquidated damages is not received at the time of resignation, the liquidated damages will be deducted from the employee’s last paycheck(s). The resignation will not be approved by the School Board prior to this step.
B. The administration in its discretion may waive the liquidated damages for the following reasons:
1. Employment transfer of spouse;
2. Illness of employee; or,
3. Other reasons as specifically approved by the Board.
In the event the District chooses to waive the liquidated damages, the District shall return any damages submitted with the resignation notice to the employee.
C. Any employee involuntarily called into service by the United States government for military duty shall not be assessed liquidated damages under this Article.
In the event said teacher breaches this contract by termination of services during the term hereof, the Board may, at its option, demand to recover from the teacher such amount of liquidated damages as set forth above; provided, however, that this expressed intent to liquidate the uncertain damages and harm to the District is not the exclusive remedy or right of the Board, but is, rather, an alternative right and remedy and shall not, unless the Board elects to rely on the same, preclude the Board from seeking and recovering the actual amount of damages resulting from such a breach by the said teacher.
Teacher Absence and Substitutes
When a teacher is to be absent from school, it is the responsibility of the teacher to record the absence in the designated substitute/absence management system in a timely manner.
Summer School Assignments
When possible, summer school classes should be made known on or before May 1. All current teachers in the District may apply for summer school positions in the same manner as non-District teachers and will generally receive preference over non-District teachers. Employees teaching summer classes shall be paid at an hourly rate and shall not receive contracts.
Summer school pay shall be compensated at the sixty (60) minute hourly rate of $27.00 for current District teachers and $25.00 for non-District teachers. There shall be no compensation for preparation time, with the exception of potential first day of mandatory meetings and preparation time. Otherwise, payment is available only for actual student-contact teaching time. Teachers shall not receive holiday pay for the Fourth of July. Teachers shall not receive paid sick leave or paid personal days during summer school.
Extended Contracts
Additional contract days may be added to the contracted school calendar for each teacher at the discretion of the District. Teachers shall be compensated for said days at their individual contracted per diem rates of pay for each of the extended contract days or shall be granted compensatory time, at the discretion of the District. Days may be scheduled in full or partial day increments.
8.04 Teacher Supervision and Evaluation
General Provisions
The District views teacher evaluation as a continuing process for the purpose of improving instruction and assessing the individual performance of staff members. Every teacher in the District will be supervised and evaluated by an administrator and/or their designee. The evaluation process will be provided to each teacher in the formal evaluation year at the beginning of the applicable school year.
All teachers new to the District will be formally evaluated each year for the first two years of employment. All other teachers will be evaluated at least every three years, with reflective work during the non-formal evaluation years.
8.05 Reduction in Force, Positions and Hours
Reasons for Reduction in Force
In the event the Board determines to reduce the number of positions or the number of hours in any position, the provisions set forth in this section shall apply.
Notice of Reduction
The District will provide notice of nonrenewal in accordance with the timelines set forth in § 118.22, Wis. Stats. The nonrenewal notice shall specify the effective date of the nonrenewal, the right to a private conference under § 118.22, Wis. Stats. A nonrenewal shall not be deemed a “termination” under the grievance procedure in this Handbook.
Selection for Reduction – Steps
In the implementation of staff reductions under this section, individual employees shall be selected for full or partial reduction in force in accordance with the following steps:
A. Step One - Attrition: Normal attrition resulting from employees retiring or resigning will be relied upon to the extent that it is administratively feasible in implementing reducing staff.
B. Step Two - Volunteers: Volunteers will be non-renewed first. The District will provide the volunteer(s) with a nonrenewal notice. Requests for volunteers will be sent to all applicable teaching staff. An employee who volunteers to be non-renewed under this section will put their request in writing. Volunteers will only be accepted by the District if in the District's opinion the remaining employees in the department/certification area are qualified to perform the remaining work. Volunteers will be treated as a District directed nonrenewal under this section of the Handbook.
C. Step Three - Selection for Reduction/Layoff: The District shall select the employee in the affected grade level, department/certification area for nonrenewal.
1. The District shall utilize the following criteria in order of application for determining the employee for nonrenewal:
a. Qualifications of the Remaining Employees in the Grade Level, Department or Certification Area: Relevant qualifications will be those experiences and training that best relate to the position(s) to be maintained and District. These experiences shall include but not be limited to current and past assignment and practical experience in the area of need as well as the number and type of teaching certifications. Finally, seniority will also be a consideration for review. Other than a valid teaching license, no area will receive undue weight during consideration.
b. Administration Recommendation: Including consideration of the feedback in the employee evaluation system.
Reduction in Hours Resulting in Nonrenewal
Employees who are non-renewed under this section, and such nonrenewal results in a reduction in hours, shall not lose any accrued length of service or sick leave earned as an employee. Reduced in time employees shall be treated as part-time employees under this Handbook.
Employees who are non-renewed under this section are eligible for reemployment in the District.
Insurance Benefits Following Nonrenewal
Please see Part 4, COBRA, for a full explanation of insurance continuation options.
Furloughs
A furlough is the placement of an employee, a group of employees, or a classification of employees on a temporary leave without pay for a defined period of time, which may be extended, as determined by Administration. A furlough is not a layoff and typically lasts less than 90 calendar days. A furlough may extend beyond 90 calendar days in extraordinary circumstances. The decision to implement a furlough will be made by the Superintendent or designee after consultation with the School Board. Employees will be given as much advance notice as possible, but not less than seven (7) calendar days prior to implementation of the furlough. Employees will receive written notification of the furlough. Such notice shall include the expected dates of furlough. Furloughed employees may be called back to work prior to the end of the identified furlough period upon written notification of the Superintendent or designee. Failure to return to work if called back will result in a voluntary resignation on the part of the employee.
The District may furlough employees for budgetary reasons, and the following guidelines apply during furlough periods:
A. Employees shall not receive their wages or salary but are permitted to apply accrued personal leave (thus receiving compensation). Employees may not use sick days.
B. Employees are prohibited from working in the same capacity for the District, but may be hired temporarily in another role while furloughed.
C. Sick leave, personal leave, etc. shall continue to accrue as if the employees were working.
D. The District shall provide health insurance, dental insurance, etc. at the same level it would if the employees were working.
E. Employees will be selected first by classification and building or department (as appropriate) then volunteers, then taking into consideration the needs of the District.
8.06 Discipline, Termination and Nonrenewal
Standard for Nonrenewal for Teachers
A. Probationary Employee: A probationary teacher may be non-renewed during their probationary period for any reason, and such nonrenewal will not be subject to the grievance procedure of this Handbook. Such nonrenewal shall be exclusively subject to the provisions of Wis. Stat. § 118.22. Probationary teachers will receive written prior notice of concern(s) leading to non-renewal decision.
B. Non-Probationary Employee: After completing the probationary period, the procedure for nonrenewal will be as follows:
1. A non-probationary teacher who has not been placed on a plan of assistance under the District’s evaluation procedures for two (2) consecutive semesters may only be non-renewed for cause (“cause” is defined below).
2. A non-probationary teacher who has been placed on a plan of assistance under the District’s evaluation procedures for two (2) or more consecutive semesters may be non-renewed for reasons that are not arbitrary or capricious.
A nonrenewal shall not be deemed a “termination” under the grievance procedure in this Handbook. Such nonrenewal shall be exclusively subject to the provisions of Wis. Stat. § 118.22.
Length of Probationary Period for Teachers
All teachers shall have a two (2) year probationary period.
Standard for Discipline and Termination for Teachers
A teacher may be disciplined or terminated for “cause.” Such discipline or termination shall be subject to the grievance procedure provisions of this Handbook. “Cause” is defined as the following:
A. There is a factual basis for the discipline or termination: The factual basis must support a finding of employee conduct in which the District has a disciplinary or termination interest; and
B. The penalty is reasonable: The particular discipline or termination imposed by the District must not be unreasonable. Progressive discipline may be used as appropriate. Progressive discipline is not required. Discipline may begin at any level, including termination, depending on the severity of the offense.
Representation
In the event any employee is called to a meeting with representatives of the District for the purpose of issuing discipline or discharge, or for the purpose of investigating circumstances which may lead to discipline or discharge, the employee has the right to request representation. In the event the employee chooses to have representation, the meeting may be delayed, at the discretion of the District, until appropriate representation may be obtained. Nothing in this provision shall prevent the District from removing an employee from the work place if immediate action is required.
Disciplinary Materials
Copies of any disciplinary material(s) shall be provided to the employee when such material is placed in an employee's personnel file. The employee shall have the opportunity to reply to such materials and affix their reply to said material.
Termination of Employment
The employment relationship between the District and any employee is terminated:
i. If the employee is discharged pursuant to the terms of this Handbook.
ii. If the employee quits their employment verbally, in writing, or through abandonment of the job.
iii. If the employee fails to return to work on the work day following the expiration of an authorized leave of absence unless unable to notify because of illness or other reasonable basis.
iv. If the employee retires.
v. If the employee contract is non-renewed
vi. If the employee refuses to obtain an appropriate license after reasonable notice, or if the employee is notified by the state that they are not eligible for an appropriate license for their role.
8.07 Professional Compensation
Salary Schedule
The District has a compensation model for the teaching staff. The compensation model will be provided to teachers on a regular basis.
Initial Salary
The District will assign an initial salary to educators upon hire.
Overload Pay
Teachers who work overloads (as defined below) shall receive an increased salary for that school year only. Overloads shall be paid as described below. Overload pay shall not be considered to be part of base wages.
High School: An overload is defined as class time assigned above the yearly equivalent of five classes per day and a full year sixth assignment. A 45 to 50-minute per day overload will be paid at $4,400 per semester. Unbalanced schedules are specifically not considered overloads. A modified block schedule is not considered an overload.
Middle School: An overload for non-allied arts classes is defined as class time assigned above the yearly equivalent of four classes and one instruction resource class per day or four extended class periods each day. An overload for an allied arts class is defined as class time assigned above the yearly equivalent of six classes per day. A 45-minute to 60-minute per day overload will be paid at $2,200 per quarter. A 65-minute to 80-minute per day overload will be paid at $2,600 per quarter. Unbalanced schedules are specifically not considered overloads.
Elementary Schools: Overloads are not available at the elementary level.
Curriculum Planning Projects and Other Projects with Scope of Employment
When mutually agreed between the District and a teacher, curriculum development work and staff development work performed outside of the teacher workday shall be compensated at the rate of twenty-seven dollars ($27.00) per hour.
Teacher Leadership Positions
The District may have teacher leadership positions as determined and designated by administration. Individuals for these positions will be selected by administration from staff members who apply. Teacher leadership stipends are not considered part of the teacher’s salary or base wage. Compensation shall be determined by the District. Teachers in leadership positions will be evaluated in the leadership role in addition to the normal evaluation process.
Supervision Pay and Assignment
Pay for compensated supervisory duties and supervision at athletic events will be paid on an hourly basis at the rate of $16.00/sixty (60) minute hour. Compensation will be paid bi-weekly based on the actual hours worked in the pay period. Before school and after school supervision assignments are typically not compensated and are assigned on a rotating basis.
If enough supervisors do not volunteer for the needed compensated daily positions, the building administrator may assign supervision on a rotating basis.
Substitute Pay
(1) When a teacher substitutes for another teacher during their preparation time or lunch hour, they shall be compensated at a rate of twenty-five dollars ($25.00) per hour. Elementary teachers will only receive payment for keeping their own classroom students in lieu of art, library, music or physical education classes.
(2) When a teacher substitutes for another teacher at any other time during the school day, other than those specified above, they shall receive a pro-rated portion of the current substitute daily rate paid in fifteen (15) minute blocks.
(3) Teachers shall not be paid for missing preparation time, except as otherwise described in this section. Specifically, teachers will not be paid for missed preparation time due to field trips or other events/activities.
Elementary Classroom Teachers:
The following applies for classroom teachers when the principal assigns additional students from a different class to a classroom teacher due to the absence of a fellow teacher. This section does not apply when students remain at school and are assigned to a teacher in lieu of attending a field trip or other activity.
A. Under Three Hours - If an elementary classroom teacher is absent for less than three (3) hours, no supplementary pay would be provided to another classroom teacher that supervises the students.
B. Half Day Absence - If an elementary classroom teacher is absent for a half-day and:
a. If the students of the absent teacher are all assigned to the classroom of another classroom teacher, the classroom teacher accepting the students shall receive $50 supplementary pay for the half day.
b. If the students of the absent teacher are divided between two other classrooms, each of the other classroom teachers shall receive $25 in supplementary pay for the half day.
C. Full Day Absence - If an elementary classroom teacher is absent for a full day, a substitute teacher is not available, and another classroom teacher(s) agrees to provide instruction to the students:
a. If the students of the absent classroom teacher are all assigned to the classroom of another classroom teacher, the classroom teacher accepting the students shall receive $100 in supplementary pay for the full day.
b. If the students of the absent classroom teacher are divided between two other classrooms, each of the other classroom teachers shall receive $50 in supplementary pay for the full day.
D. Timecards will be used and must be signed by the principal and include the absent teacher name, the amount of time the teacher provided instruction to additional students and if the students were the entire class or a portion of the class.
E. Student services, reading, instructional coaches, media specialists, specials teachers (art, music, phy. ed.), and administrators shall not be eligible to receive supplementary pay, except if a scheduled class is cancelled due to teaching in a different classroom. If so, then that teacher will receive pay per this section.
8.08 Retirement
Wisconsin Retirement System (WRS) Contributions
Teachers working at least 880 hours per year are covered under the State of Wisconsin Retirement System (WRS). The Board agrees to contribute the employer’s share. The employee agrees to pay the employee’s required WRS contribution as required by state statute requirements. Under no circumstances shall the Board pay the employee’s required WRS contribution.
Post-Employment Benefits
Teachers shall receive other post-employment benefits per the plan approved by the School Board on December 11, 2013 and as updated on February 23, 2021 and December 11, 2024. A copy of the plan will be provided to new employees and to all others upon request.
Teachers must meet all eligibility requirements to obtain other post-employment benefits, including age and years of service requirements, prior to obtaining post-employment benefits. Teachers who are at least fifty-five (55) years of age by August 31 in the calendar year of retirement may make application for post-employment benefits to the Superintendent no later than February 1 of the school year immediately prior to that in which the retirement is to be effective.
Contracted teachers who are at least fifty-five (55) years of age between September 1 and September 30 in the calendar year of retirement may submit an application for post-employment benefits to the Superintendent no later than February 1 for a retirement that is to be effective as of June 30 of that year. Teachers approved under this section are required to work the teacher contracted work days in September as a building substitute or long-term substitute at the discretion of the district. Teachers in a long-term role may be required to work all or part of the contracted professional learning days in August.
Teachers are not eligible to obtain district-paid retirement benefits while under investigation for a workplace violation. Terminated employees are also not eligible for district-paid retirement benefits.
8.09 Paid Time Off
Holidays
Please refer to Part 6: Leaves-All Employees.
Personal Days
Please refer to Part 6: Leaves-All Employees.
Sick Days
Please refer to Part 6: Leaves-All Employees.
Compensatory Time
Non-classroom teacher leaders are eligible to take up to eight (8) days off during the school year for equivalent non-paid time performed leading summer initiatives or performing required duties as approved by the Superintendent or their designee if no other compensation is provided for that time. Summer days required as part of the regular teacher paid assignment do not count toward potential compensatory time off. Teacher leaders must receive approval of the amount of earned compensatory time from the Superintendent or their designee by September 1 of each year. Compensatory time off must be pre-approved by the teacher’s immediate supervisor at least ten (10) days in advance of the day off. Approval or disapproval is given by the supervisor in relation to affecting the educational program and professional duties of the teacher leader.
PART 9: SALARIED AND HOURLY SUPPORT STAFF
Salaried and hourly support staff employees include all cleaners, custodians, food service workers, paraprofessionals, recreation department employees, clerical staff and all other non-union, non-administrative support staff positions (unless specifically identified in a different section of the Handbook or letter of appointment).
9.01 Hours of Work and Work Schedule
Letter of Appointment
Each new employee shall be issued a letter of appointment that shall be consistent with, but subservient to, this Handbook and Board policy. The letter of appointment shall include relevant employment information.
A new letter of appointment shall be issued in cases of transfers, promotions, demotions, and partial or full reduction in force. In the case of a change of assignment the employee shall be provided with at least thirty (30) calendar days’ notice of the change of assignment, if practicable, as determined by the administration.
School year employees shall receive a notice of continuing employment on or before the last day in June.
Regular Workday and Starting and Ending Times
A regular full-time workday is eight (8) hours or less, excluding lunch time. Because of different schedule requirements, employee's starting, lunch, and finishing times may vary in different assignments and locations. The employee's immediate supervisor will schedule working hours and lunch periods.
Regular Workweek
A regular work week is forty (40) hours or less. The regular work week is five (5) consecutive days unless the immediate supervisor assigns the employee to a different work schedule. This section shall not be construed as a guarantee or limitation on the number of hours per day or hours in a work week which may be scheduled or required by the District.
Additional Hours and Overtime
This section applies to all support staff defined in this section.
A. Approval: In order for an employee to work beyond their contract hours in any week, prior approval must be obtained from the immediate supervisor. Exceptional cases requiring overtime may be approved after the overtime is worked when all administrators/principals/immediate supervisors are unavailable and such pre-approval may cause harm to students, staff, the community or District property.
B. Assignment: Non-emergency scheduled overtime assignments will be filled using qualified volunteers first, with as much notice as possible, and if insufficient volunteers are found, the work will be assigned to a qualified employee(s) as determined by the District. If no one volunteers to perform the overtime, the District may assign the work on a rotating basis within the applicable job classification. Emergency overtime assignments shall be assigned at the discretion of the District.
C. Pay Rate for Overtime: Time worked over forty (40) hours per week is paid at one and one-half (1.5) rate. Time over forty (40) hours per week does not include sick, vacation, holiday, or personal leave time. The reason for overtime must be indicated. For the sole purpose of determining the appropriate pay period for the receipt of overtime pay, a week is defined as a pay period starting at 12:00 a.m. on Sunday and ending at 11:59 p.m. on Saturday.
D. Working Outside of the Workplace: Hourly employees may not perform District work from home or otherwise perform District work outside of the workplace without prior approval. Nominal time (approximately five minutes per day) may be used to check messages or perform any small task. Time worked beyond nominal time must be pre-approved.
Compensatory Time Off
In lieu of overtime pay, employees may, at their option, choose to receive compensatory time off. Compensatory time off may be taken by mutual agreement between the employer and the employee. One and one-half (1.5) hour of compensatory time off will be granted for each one (1) hour of work above forty (40) hours per week. Time over forty (40) hours per week does not include sick, vacation, holiday or personal leave time.
A. An agreement must be reached between the employer and the employee in order for compensatory time off to be utilized. 29 C.F.R. 553.23. This agreement may be done through an employer-employee agreement negotiated with the individual employee.
B. The agreement must be reached and accepted before the employee performs the work compensable as overtime. A record of the agreement must be kept. Agreement must provide for overtime hours to be compensated at a rate of not less than time and one-half for each overtime hour worked.
C. The employee may accumulate up to forty (40) hours of compensatory time off. Any overtime exceeding forty (40) hours must be paid. The employer, in its sole discretion, may compensate in lieu of accrued compensatory time off at any time. Any unused compensatory time off will be paid out on the last paycheck in June in the fiscal year in which the time was earned.
D. The District may require that compensatory time off be exhausted before vacation is taken, even if this will result in accrued vacation being forfeited by the employee.
E. The District may in its discretion deny a request to use compensatory time off if the employee’s absence on the day requested would cause an undue disruption to the District’s operations (e.g., another member of the department has already requested leave on that day; the District has a special event scheduled such as an open house or parent teacher conferences; the District is unable to find a substitute employee and would be left short-staffed, etc.).
F. If the District denies a request to use compensatory time off, it may either substitute the leave with cash compensation, or notify the employee of a suitable time in which they may use their earned compensatory time within a reasonable period of time of the original.
Lunch Period
All employees who work six (6) hours or more per day will be entitled to an unpaid half-hour lunch period, which shall be duty free.
Flexible Schedule
An employee may request a change in their weekly work schedule. The request for a change in the employee's weekly work schedule shall be made at least one (1) week in advance of the proposed change, unless circumstances allow for a shorter notice period. The request shall be filed with the employee's immediate supervisor. The immediate supervisor shall have the authority to grant or deny the employee's request in their sole discretion. The scheduling of hours of work under the flexible work schedule is at the sole discretion of the immediate supervisor. All hours of work under a flexible work schedule agreement must be completed within one regular workweek. The agreement to allow an employee to have a flexible work schedule shall not, in and of itself, result in the employee being eligible for overtime.
Attendance at Meetings
Hourly employees required to attend meetings called or scheduled by the District shall be paid for all hours spent in attendance at such meetings.
9.02 Professional Growth
Duty to Remain Current
All staff shall engage in independent and active efforts to maintain high standards of individual excellence.
Professional Learning Days
The District recognizes the importance of staff development that is designed to enhance professional knowledge, skills and dispositions to meet job responsibilities and positively impact the achievement of the District’s mission. Therefore, all staff members are required to attend all professional learning days related to their position in the District. Personal days and sick days shall not be granted on professional learning days without unique and unavoidable cause.
9.03 Assignments, Vacancies and Transfers
Job Posting
When a position becomes vacant or a new position is created, notice of such available position may be posted internally via the electronic job board. The District retains the right to fill vacant positions at its discretion during the posting and selection period. External vacancies will typically be posted on the WECAN website.
Interviews and Selection Process
Employees in the District are free to request transfers. The right of transfer remains as a function of the District. The District will make every effort to relocate employees at their request whenever possible, but at the same time, seek to maintain a balanced staff.
The District retains the right to fill, select, assign and hire staff at its discretion and to determine the qualifications and job descriptions for any positions.
Employees should refer to the Internal Transfer Process document for more information.
Involuntary Transfers
When the District determines that an involuntary transfer of an employee is necessary, the District reserves the right to transfer an employee in the District qualified for the position. No employee will be involuntarily transferred by the District without a conference followed by a written notice.
9.04 Supervision and Evaluation
General Provisions
The primary purpose of evaluation is to provide continuous improvement in the quality of service to the community/students/staff of the District.
Employees shall be evaluated in their first year of employment and at least once every three (3) years thereafter. Employees may be evaluated more often at the discretion of the immediate supervisor.
Each employee shall receive a copy of their evaluation. The employee will be expected to sign their evaluation to acknowledge receipt of the document.
Evaluators
The District shall have the sole right to determine whether or not employees shall be evaluated in any given year and by which supervisory personnel. When a teacher works with an instructional assistant, the teacher may be requested to provide objective input for consideration by the administrator who is evaluating the instructional assistant.
9.05 Reduction in Force, Positions and Hours
Reasons for Reduction in Force
In the event the Board determines to reduce the number of positions or the number of hours in any position, the provisions set forth in this section shall apply to individuals specifically identified as having reemployment rights at the time of the reduction in force.
Notice of Reduction
The District will give at least thirty (30) calendar days’ notice of a reduction in force. The notice shall specify the effective date of the reduction, and that it is the responsibility of the employee to keep the District informed in writing of any changes in the employee's address.
Selection for Reduction – Steps
In the implementation of staff reductions under this section, individual employees shall be selected for full or partial layoff in accordance with the following steps:
A. Step One - Attrition: Normal attrition resulting from employees retiring or resigning will be relied upon to the extent that it is administratively feasible in implementing layoffs.
B. Step Two - Volunteers: Volunteers will be reduced first. The District will provide the volunteer(s) with a reduction in force notice. Requests for volunteers will be sent to employees within each job category. An employee who volunteers to be laid off will put their request in writing. Volunteers will only be accepted by the District if in the District's opinion the remaining employees in the job category are qualified to perform the remaining work.
C. Step Three - Selection For Reduction/Layoff: The District shall follow the guidelines before to select the employee in the affected job category for layoff or reduction in hours.
1. Job categories for the purpose of this section shall be defined as:
a. Cleaner b. Custodian
c. Food Service Worker d. Paraprofessional
e. Clerical f. Technical Support
g. Other
2. The District shall utilize the following criteria in order of application for determining the employee for full or partial reduction in hours:
a. Qualifications of the Remaining Employees in the Affected Job Category: Relevant qualifications will be those experiences and training that best relate to the position(s) to be maintained and District needs. These experiences shall include but not be limited to current and past assignment and practical experience in the area of need as well as the number and type of certifications. Finally, seniority will also be a consideration for review. Other than a valid DPI license, no area will receive undue weight during consideration.
b. Administrative Recommendation: Including consideration of the feedback in the employee evaluation system.
Reduction in Hours
Employees who are reduced in hours shall not lose any benefits they have accrued. Benefits are defined as length of service, sick leave, and vacation earned as an employee. Reduced in time employees shall be treated as part-time employees under this Handbook. Any employee who is reduced in hours (partial layoff) may choose to be fully laid off.
Reemployment Period
Employees who are non-renewed under this section are eligible for reemployment in the District.
Insurance Benefits Following Reduction in Force
Please see Part 4, COBRA, for a full explanation of insurance continuation options.
Furloughs
A furlough is the placement of an employee, a group of employees, or a classification of employees on a temporary leave without pay for a defined period of time, which may be extended, as determined by Administration. A furlough is not a layoff and typically lasts less than 90 calendar days. A furlough may extend beyond 90 calendar days in extraordinary circumstances. The decision to implement a furlough will be made by the Superintendent or designee after consultation with the School Board. Employees will be given as much advance notice as possible, but not less than seven (7) calendar days prior to implementation of the furlough. Employees will receive written notification of the furlough. Such notice shall include the expected dates of furlough. Furloughed employees may be called back to work prior to the end of the identified furlough period upon written notification of the Superintendent or designee. Failure to return to work if called back will result in a voluntary resignation on the part of the employee.
The District may furlough employees for budgetary reasons, and the following guidelines apply during furlough periods:
A. Employees shall not receive their wages or salary but are permitted to apply accrued vacation or personal leave (thus receiving compensation). Employees may not use sick days.
B. Employees are prohibited from working in the same capacity for the District, but may be hired temporarily in another role while furloughed.
C. Sick leave, personal leave, etc. shall continue to accrue as if the employees were working.
D. The District shall provide health insurance, dental insurance, etc. at the same level it would if the employees were working.
E. Employees will be selected first by classification and building or department (as appropriate) then volunteers, then taking into consideration the needs of the District.
9.06 Discipline and Termination
Length of Probationary Period
All newly hired employees shall be on probation for a period of two calendar years from the date of hire.
Standard for Discipline and Termination
A. Probationary Employees: Probationary employees may be disciplined or terminated from employment by the District in its sole discretion. Such discipline or termination shall be subject to the Grievance Procedures in this Handbook.
B. Non-Probationary Employees: A non-probationary employee may be disciplined or terminated for “cause.” Such discipline or termination shall be subject to the Grievance Procedures in this Handbook. “Cause” is defined as the following:
1. There is a factual basis for the discipline or termination: The factual basis must support a finding of employee conduct in which the District has a disciplinary or termination interest; and
2. Reasonableness of the penalty: The particular discipline or termination imposed by the District must not be unreasonable. Progressive discipline may be used as appropriate, but is not required.
In the event any employee is called to a meeting with representatives of the District for the purpose of issuing discipline or discharge, or for the purpose of investigating circumstances which may lead to discipline or discharge, the employee has the right to request representation. In the event the employee chooses to have representation, the meeting may be delayed, at the discretion of the District, until appropriate representation may be obtained. Nothing in this provision shall prevent the District from removing an employee from the work place if immediate action is required.
Disciplinary Materials
Copies of any disciplinary material(s) shall be provided to the employee when such material is placed in an employee's personnel file. The employee shall have the opportunity to reply to such materials and affix their reply to said material.
Termination of Employment
The employment relationship between the District and any employee is terminated:
A. If the employee is discharged pursuant to the terms of this Handbook.
B. If the employee quits their employment verbally, in writing, or through abandonment of the job.
C. If the employee fails to return to work on the work day following the expiration of an authorized leave of absence unless unable to notify because of illness or other reasonable basis.
D. If the employee retires.
E. If the employee refuses to obtain an appropriate license after reasonable notice, or if the employee is notified by the state that they are not eligible for an appropriate license for their role.
9.07 Wages, Compensation and Expenses
Wage Schedule – Employee Classification
All wage schedules are provided to employees.
New Employee Wage Schedule Placement
The District will assign an initial salary to employees upon hire.
Out of Classification Pay
Any employee working in a higher paid classification for more than thirty (30) consecutive working days shall receive the pay of that classification. Upon completion of the employee’s assignment under the higher pay scale, the employee shall revert to their former classification and rate.
Rate of Pay upon Promotion/Transfer
Whenever an employee is promoted to a new higher paid classification, they will be placed at the pay rate that gives the employee the smallest wage increase. An employee who is involuntarily transferred to a lower paid classification shall retain her/his pay rate. Upon voluntary transfer to a position in the same job classification, the employee shall retain her/his pay rate. Upon voluntary transfer to a position in a lower job classification, the employee shall be moved to the applicable lower salary consistent with the definitions of the classification.
Call-In Pay
Employees called in to work hours outside of their regular work schedule that are not contiguous with their regular work schedule, except as noted below, shall be paid no less than one (1) hour pay. The District may, at its discretion, require such employees to work the full one (1) hour period. Employees called in to open the building for a special event, i.e. use of school District facility by an outside agency or for co-curricular events, will be paid for the time that the employee is required to be at the District.
9.08 Insurances
All insurance information is found within Part 4 of the Handbook. Information regarding the insurance plans may be found on the District website.
9.09 Retirement
Wisconsin Retirement System (WRS) Contributions
Employees working at least 880 hours per year are covered under the State of Wisconsin Retirement System, in accordance with Section 66.90 of the Wisconsin Statutes. The Board agrees to contribute the employer’s share. The employee agrees to pay the employee’s required WRS contribution as required by state statute requirements. Under no circumstances shall the Board pay the employee’s required WRS contribution.
9.10 Paid Time Off
Holidays
Please refer to Part 6: Leaves-All Employees.
Personal Days
Please refer to Part 6: Leaves-All Employees.
Sick Leave
Please refer to Part 6: Leaves-All Employees.
Vacation Days
The vacation schedule listed below is effective each July 1. Vacation is pro-rated beginning with the date of hire and continuing through June 30th of that work year. Thereafter, new vacation days are awarded as of each July 1st.
Employees already employed by the District who are changing from a 10-month position to an 11 or 12-month position shall be able to take vacation during their first year in the 11 or 12-month position according to the vacation schedule and number of years of seniority in the District.
Continuous employment with the School Board is used to compute authorized vacation pay.
Vacation time may be taken in full blocks, or in shorter blocks not less than one hour as arranged with the immediate supervisor. Requests for vacation time shall normally be made and approved at least ten (10) working days prior to taking such leave, however, vacation time requested with less than ten (10) working days notice may be approved by the supervisor and/or their designee. No employee may be denied the ability to take all of their accrued vacation during a 12-month period, but the supervisor and/or their designee shall have the right to schedule vacations on a first-come, first-served basis, as necessary to accomplish work objectives. Vacations will be arranged with the cooperation of the employee's immediate supervisor. In cases of conflict, seniority will be used to determine vacation periods.
Employees are encouraged to take vacations during periods when students are not in school in order to be on hand at times of greatest need and to reduce the cost of hiring substitutes. In addition, vacations cannot be carried over from year to year, unless mutually agreed upon between the employee and supervisor. A maximum carryover of five (5) days may be carried over. The number of vacation days are as follows:
Twelve-month (260 days) Employees:
1. Ten (10) work days upon hire.
2. Fifteen (15) work days after one (1) year of service.
3. Twenty (20) work days after ten (10) years of service.
Eleven-month (240 days) Employees:
1. Six (6) work days upon hire.
2. Ten (10) work days after one (1) year of service.
3. Sixteen (16) work days after ten (10) years of service.
Employees working less than 240 days per year are not eligible for vacation days.
Existing employees working 240 or more days per year who have more assigned vacation days than set forth above shall keep the existing number of vacation days, but shall not accrue more vacation days until the years of service described above has been met.
Employees who are involuntarily reduced from twelve months to eleven will retain all earned vacation days that they have acquired to date. Employees will accrue vacation days as an eleven month employee as of the first day in the eleven month position. Employees moved from a twelve (12) or eleven (11) month position to a ten (10) month position (whether voluntarily or involuntarily) shall be paid out accrued vacation days.
Part-time eleven or twelve-month employees shall receive a pro-rated amount of vacation based on their percentage of full-time equivalency (FTE). For example, a twelve-month, four (4) hour per day, five (5) day per week employee with one (1) year of service shall receive ten (10), four (4) hour days of vacation per year.
9.11 Building Substitutes
Yearly Work Days and Hours
The work year for building substitutes includes all student days. Additionally, building substitutes may be required to work during early release or full professional learning days as determined by the district.
Holidays and Paid Time Off
Building substitutes will receive paid holidays per section 6.03. Building substitutes will receive eight (8) paid sick days per year and two (2) personal day per year. Building substitutes may accrue up to five (5) personal days, and twenty (20) sick days.
9.12 Cleaners
Yearly Work Days
Unless otherwise provided in the initial hire letter, cleaners are responsible for working ten (10) months per year on all normal workdays, absent any approved paid or unpaid time off.
All full-time cleaners working over six (6) consecutive hours in length are entitled to a least one-half (½) hour duty free lunch.
Cleaners who work 12 months are entitled to vacation days as listed in section 9.10. Summer school assignments do not count towards a 12 month assignment.
The vacation year shall be between July 1 and June 30. The days will accrue two times per year. The first accrual will be for 50% of the allocation which will be applied on July 1. The second 50% will be applied on February 1. Vacation regulations will be provided by the administration on a yearly basis. Vacation shall be approved on a first come, first served basis, or with administration’s discretion. Five (5) working days’ notice is required for the use of vacation or personal days to ensure proper coverage.
New hires may not take vacation or personal days within the first month of work.
Except in the case of an emergency, time off will not be approved for the first or last week of school.
9.13 Custodians
Yearly Work Days
Unless otherwise provided in the initial hire letter, custodians are responsible for working twelve (12) months per year on all normal workdays, absent any approved paid or unpaid time off. The normal workday shall be eight (8) consecutive hours in length in addition to at least one-half (1/2) hour duty free lunch. Lunch time will be provided within the eight (8) hour work day for second and third shift employees.
Paid Time Off
Custodians will participate in the pilot as described in sections 6.06 and 6.08 for personal and sick days. Custodians will receive ten (10) paid sick days and three (3) paid personal days.
The vacation year shall be between July 1 and June 30. Vacation regulations will be provided by the administration on a yearly basis. Vacation shall be approved on a first come, first served basis, or with administration’s discretion. Five (5) working days’ notice is required for the use of vacation, personal days, or the use of comp-time to ensure proper coverage.
Except in the case of an emergency, time off will not be approved for the first or last week of school
Overtime Procedures
Overtime shall be administered per Administrative discretion.
Call-In Pay
Call-back or alarm call overtime work is irregular or occasional overtime work performed by an employee on a day when no work is scheduled, or at a time which requires the staff member to return to the school or district building from an off-duty status. Call-back or alarm call overtime work is deemed not less than 1 hour in duration for pay or compensatory time. If your duties require more time, you will be paid or eligible for compensatory time for all additional time over the 1 hour that is guaranteed.
Post-Employment Benefits - Custodians
Custodians shall receive other post-employment benefits per the plan approved by the School Board on March 5, 2014, 2014 and as updated on February 23, 2021. A copy of the plan will be provided to new employees and to all others upon request.
Custodians must meet all eligibility requirements to obtain other post-employment benefits, including age and years of service requirements, prior to obtaining post-employment benefits. Custodians may make application for post-employment benefits no later than three (3) months prior to severing employment with the District in order to obtain post-employment benefits (i.e., must provide notice by April 1 to retire on June 30).
Custodians are not eligible to obtain district-paid retirement benefits while under investigation for a workplace violation. Terminated employees are also not eligible for district-paid retirement benefits.
9.14 Paraprofessionals
Yearly Work Days
Paraprofessionals work all student days in the building at which the paraprofessional is assigned.
Summer School Assignments
Employees interested in summer school positions shall notify the District by March 1 of each year.
The District will offer the summer school position to the first qualified paraprofessional on the summer school list starting with number one (1). The definition of qualified is at the discretion of the District and is not a decision that may be grieved. Once the appointment is made, then the employee who received the summer school position will go to the end of the list, and all other employees who were lower on the list than the person selected will move up one position on the summer school list.
If an employee turns down the position, then they go to the bottom of the list. All employees who want to have their names added to the summer school list will be placed at the end of the adjusted list based on seniority. The following year the District will follow the same process.
Playground/Lunch/Bus Supervision
Playground, lunch and bus supervision may be part of the paraprofessional’s normal working hours. However, if the assignment is in addition to the normal working hours, the rate of pay shall be $13.70 per hour.
Post Employment Benefits – Paraprofessionals
Upon retirement, employees who are at least fifty-five (55) years old and have at least fifteen (15) years of continuous service with the District, shall receive a lump sum payment of one-thousand dollars ($1,000). Paraprofessionals may make application for post-employment benefits no later than three (3) months prior to severing employment with the District in order to obtain post-employment benefits (i.e., must provide notice by April 1 to retire on June 30).
9.15 Recreation: Before/After School Care, Fitness Center & Safety Team
Paid Time Off
Employees in these areas who are 12 month and work a scheduled minimum of fifteen (15) hours per week will receive the following paid days off.
· Sick: five (5) days, may accrue up to ninety (90) days
· Personal: one (1) day, may accrue up to three (3) days
· Vacation: five (5) days, may accrue up to 10 days.
Employees in these areas who are school year employees and work a scheduled minimum of fifteen (15) hours per week will receive the following paid days off.
· Sick: five (5) days, may accrue up to ninety (90) days
· Personal: one (1) day, may accrue up to three (3) days
The paid time off year shall be between July 1 and June 30. Five (5) working days’ notice is required for the use of vacation or personal days to ensure proper coverage. New hires may not take vacation or personal days within the first month of work. Except in the case of an emergency, time off will not be approved for the first or last week of school. Days are equivalent to the number of hours an employee typically works. For instance, if an employee typically works five (5) hours per day, each sick, personal and vacation day is equal to five (5) hours.
9.16 School Nutrition Services
Work Period
The school nutrition service work year will include all student days in the assigned building during which breakfast or lunch is served. School nutrition service employees may be required to work prior to the start of school for training and set up and may be required to work extra days at the end of the school year for cleaning and shut down.
Summer Lunch
Employees interested in summer lunch positions shall notify the Director by April 1 of each year. The Director will assign specific summer positions.
Uniform Allowance
School nutrition personnel shall receive a yearly uniform allowance of $150. If an employee is hired after the start of the school year, the uniform allowance will be prorated. In addition, the District will provide a $30 credit towards non-slip shoes from a District approved vendor. The safety of our staff is very important and wearing non-slip shoes will reduce slips, trips and falls in the kitchen area. Receipts for purchases will be required.
Qualifications
All school nutrition personnel are required to obtain annual job-specific training hours. For staff working less than 20 hours per week, 4 hours are required. For staff working more than 20 hours per week, 6 hours are required.
Certification Incentive
All school nutrition personnel are able to receive twenty five (25¢) cents per hour certification pay if they become SNA Level 1 certified. They may also receive an additional twenty five (25¢) cents per hour certification pay if they become ServSafe certified.
9.17 Administrative Assistants
Yearly Work Days and Hours
The work year for ten-month (10) employees shall consist of 203-205 days. The days shall occur in the months between August and June. The days shall include the contracted holidays
The work year for full-time eleven (11) month employees shall consist of 240 days. The days shall include the contracted holidays.
The work year for twelve-month (12) employees shall consist of all normal workdays, excluding the contracted holidays.
Full-time clerical employees shall work 7.75 hours per day on all days when teachers are required to be on duty. Work hours when teachers are not on duty (i.e., before and after the start of the teacher work year, during holiday breaks, etc.) will be 7 hours per day. Individual positions may have different hours based on need.
Summer School Assignments
The principal administrative assistant at E. W. Luther Elementary School will be the principal administrative assistant for summer school. If there is another position, it will be assigned each year based on a rotating list of interested elementary administrative assistants. Acceptance or denial of a position moves a person to the bottom of the list.
Post-Employment Benefits - Administrative Assistants
Administrative assistants shall receive other post-employment benefits per the plan approved by the School Board on March 5, 2014 and as updated on February 23, 2021. A copy of the plan will be provided to new employees and to all others upon request.
Administrative assistants must meet all eligibility requirements to obtain other post-employment benefits, including age and years of service requirements, prior to obtaining post-employment benefits. Administrative assistants may make application for post-employment benefits no later than three (3) months prior to severing employment with the District in order to obtain post-employment benefits (i.e., must provide notice by April 1 to retire on June 30).
Administrative assistants are not eligible to obtain district-paid retirement benefits while under investigation for a workplace violation. Terminated employees are also not eligible for district-paid retirement benefits.
Holidays
Administrative assistants shall receive the holidays listed in section 6.03. In addition, all Administrative assistants will receive December 31 as a paid holiday.
9.18 Other Employees
Other Post-Employment Benefits
Specific professional employees shall receive other post-employment benefits per the plan approved by the School Board on March 5, 2014 and as updated on February 23, 2021. A copy of the plan will be provided to new eligible employees and to all others upon request.
Eligible employees must meet all eligibility requirements to obtain other post-employment benefits, including age and years of service requirements, prior to obtaining post-employment benefits. Eligible employees may make application for post-employment benefits no later than three (3) months prior to severing employment with the District in order to obtain post-employment benefits (i.e., must provide notice by April 1 to retire on June 30).
Other employees are not eligible to obtain district-paid retirement benefits while under investigation for a workplace violation. Terminated employees are also not eligible for district-paid retirement benefits.
PART 10: EXTRA-CURRICULAR STAFF
10.01 Letter of Assignment
Employees shall assume responsibility for the supervision of the extra-curricular activities that are included in their letters of assignment. Such activities shall be governed according to the following guidelines:
A. Activity assignments will be offered to the individual who, in the sole discretion of the District, is the most qualified applicant.
B. The stipend for extra-curricular activities shall be specified in the letter of assignment.
C. The letter of assignment shall not be deemed a contract, and individuals holding extra-curricular positions are at-will employees.
10.02 Payments
Payments for extra-curricular activities shall be made in accordance with District payroll procedures during the time of the activity.
Year-long clubs and activities will be paid twice, once at the end of each semester. Activities that are not year-long will be paid at the end of the semester in which the activity occurs.
10.03 Work Schedule
Extra-curricular assignments should occur outside of the regular contractual work day for the majority of the time. Extra-curricular assignments may occasionally occur during part of an employee’s regular workday in their other position with the District. In such cases, the employee shall consult with the supervisor of their regular assignment to determine the appropriate course of action. In the supervisor’s sole discretion, the employee may be (1) required to work a flexible schedule to make up time lost during their regular workday; (2) relieved from the requirement to make up the time lost; (3) required to re-schedule the extra-curricular activity; or (4) required to take any other action that the supervisor deems reasonable.
10.04 Evaluation
Individuals holding extra-curricular assignments shall be evaluated in the manner and frequency that their supervisor deems appropriate.
10.05 Volunteers
Upon approval from the head coach/advisor and the athletic director or principal, an individual may serve as a volunteer coach/advisor for an extra-curricular activity. The following guidelines apply to volunteers:
A. Volunteers will not be eligible for salary/wages, stipend, or benefits;
B. Volunteers will be covered by the District’s general liability insurance policy while acting as a volunteer coach for the District. However, there is no coverage under the District’s liability insurance policy for claims made against volunteers by other volunteers or District employees;
C. Volunteers will be responsible for their own personal injuries (i.e., ineligible for worker’s compensation);
D. Volunteers must consent to a background check and may be required to have a tuberculin skin (TB) test at District expense;
E. Volunteers must follow all District activity and athletic policies and procedures and other District policies as applicable;
F. Volunteers accept direct and indirect supervision of the head coach;
G. Volunteers may be dismissed at any time without cause; and,
H. Hourly employees may not volunteer for an extra-curricular activity that is regularly occurring or is substantially similar to the job held during the normal work day.
10.06 Pay Schedule
The pay schedule is attached as Appendix B.
PART 11: SUBSTITUTE STAFF
11.01 Substitute Teachers
A. Pre-Employment Requirements
Substitute teachers will be employed through the District or an outside company. The District retains the ability to directly employ permanent building substitutes and long-term substitutes.
B. Long-Term Substitute Assignment
1. When a substitute is assigned for more than twenty (20) consecutive days in the same specific position, then the long-term rates apply retroactive to the first day, unless the long-term nature of the assignment is known in advance, in which case payment will begin on the first day. Long term rates are dependent on specific situations.
2. Responsibilities of the long-term substitute teacher shall be the same as the regular classroom teacher.
3. If a substitute teacher is employed by the district and is anticipated to work at least 90% of the school year in the same position, then the substitute teacher will be eligible for health insurance. Substitute or replacement teachers shall not be eligible for health insurance during the months of July and August, unless hired as a permanent teacher for the following school year. The District’s contribution shall be as set forth in section 4.04 of this Handbook.
C. Dismissal/Removal from Substitute List
Substitute teachers are casual/daily employees and therefore have no expectation of continued employment. As such substitute teachers may be disciplined or discharged for any reason without recourse to the grievance procedure. Substitute teachers may also be removed from the substitute call list at the discretion of the District.
11.02 Substitute Support Staff
Pre-Employment Requirements
All new substitute support staff hires will have to meet all new staff requirements, including but not limited to, a physical examination, in accordance with Section 118.25 of the Wisconsin Statues and a criminal background check.
Substitute support staff may be hired through the District or an outside company.
Licensure and/or Permit
All substitute support staff shall have the necessary license and/or permit required by state law to serve in the substitute assignment.
Training and Evaluation
Suitable programs of training, orienting and evaluating the work of substitute support staff may be provided by the instructional staff and/or the District as appropriate.
Assignment and Professional Responsibilities
- Assignments: Substitutes may be assigned through an online absence management system. Assignments may be cancelled at the discretion of the District.
B. Policies: School Board policies are available to the substitute on the District website.
C. Notifying/Declining Daily Substitute Call:
A substitute may refuse a daily call. The District may, in its sole discretion, unilaterally remove individuals from the substitute staff list if the substitute demonstrates a pattern or practice of declining assignments.
D. Responsibilities: The responsibilities and duties of substitutes shall be consistent with the regular employee's responsibilities and duties for whom they are substituting.
E. Substitute Day: The substitute’s length of service will be determined by the District.
F. Compensation/Hourly Rate: Substitute employees shall receive compensation for services rendered as determined by the District.
Dismissal/Removal from Substitute List
Substitute employees are casual employees and therefore have no expectation of continued employment. As such, substitute employees may be disciplined or discharged for any reason without recourse to the grievance procedure. Substitute employees may also be removed from the substitute call list at the discretion of the district.
- Professional Development: Each per diem substitute may be required to participate in new employee orientation or professional development day programs in the schools. Substitutes shall be paid at their applicable hourly rate for professional development participation if the District requires them to attend.
- Duty Free Lunch: All substitutes shall be provided breaks and lunch periods consistent with the support staff person that the substitute is replacing.
Appendix A
Appendix B
Sport, Activity and Performance stipend amounts are determined by the designated tier.
|
Tier I Sports |
|
Competitive Activities |
|||
|
Tier I: Head |
$5,250 |
Tier I: Head |
$3,000 |
|
|
|
Tier I: Assistant |
$3,350 |
Tier I: Assistant |
$2,000 |
|
|
|
Tier I: Film |
$1,100 |
Tier II: Head |
$1,600 |
|
|
|
Tier II Sports |
Tier II: Assistant |
$1,000 |
|||
|
Tier III: Head |
$1,150 |
||||
|
Tier II: Head |
$5,000 |
Tier III: Assistant |
$500 |
|
|
|
Tier II: Assistant |
$3,100 |
Non-Competitive Activities |
|
||
|
Tier II: Dive |
$2,000 |
|
|||
|
Tier III Sports |
Tier I: Head |
$3,500 |
|||
|
Tier I: Assistant |
$2,500 |
||||
|
Tier III: Head |
$4,500 |
Tier II: Head |
$1,600 |
|
|
|
Tier III: Assistant |
$2,700 |
Tier II: Assistant |
$600 |
|
|
|
Tier III: Varsity Assistant |
$2,700 |
Tier III: Head |
$500 |
|
|
|
Strength and Conditioning |
Tier III: Assistant |
$250 |
|||
|
Performance |
|||||
|
Strength and Conditioning |
$15,000 |
||||
|
|
Tier I: Lead |
$4,000 |
|||
|
Tier I: Support A |
$2,500 |
|
|||
|
Tier I: Support B |
$1,500 |
|
|||
|
Tier I: Support C |
$1,000 |
|
|||
|
Tier I: Support D |
$500 |
|
|||
|
Tier II: Lead |
$3,400 |
|
|||
|
Tier II: Support A |
$2,900 |
|
|||
|
Tier II: Support B |
$1,500 |
|
|||
Designated number of positions per Sport, Activity or Performance
|
Sports |
||
|
Tier I |
Head Coaches |
Assistant Coaches/Leaders |
|
Boys Basketball |
Head: 1 |
Assistants: 3 |
|
Boys Football |
Head: 1 |
Assistants: 9; Film: 1 |
|
Boys Wrestling |
Head: 1 |
Assistants: 2 |
|
Girls Basketball |
Head: 1 |
Assistants: 3 |
|
Girls Wrestling |
Head: 1 |
n/a |
|
Tier II |
Head Coaches |
Assistant Coaches/Leaders |
|
Boys Baseball |
Head: 1 |
Assistants: 3 |
|
Boys Soccer |
Head: 1 |
Assistants: 2 |
|
Boys Swimming |
Head: 1 |
Assistants: 1; Dive 1 |
|
Boys Track |
Head: 1 |
Assistants: 4.5 |
|
Boys Volleyball |
Head: 1 |
Assistants: 2 |
|
Cheer |
Head: 1 |
Assistants: 1 |
|
Girls Soccer |
Head: 1 |
Assistants: 2 |
|
Girls Softball |
Head: 1 |
Assistants: 2 |
|
Girls Track |
Head: 1 |
Assistants: 4.5 |
|
Girls Volleyball |
Head: 1 |
Assistants: 3 |
|
Girls Swim |
Head: 1 |
Assistants: 1; Dive:1 |
|
Poms |
Head: 1 |
Assistants: 1 |
|
Tier III |
Head Coaches |
Assistant Coaches/Leaders |
|
Boys/Girls Cross Country |
Head: 1 |
Assistants: 2 |
|
Boys Tennis |
Head: 1 |
Assistant: 1 |
|
Girls Tennis |
Head: 1 |
Assistant: 1 |
|
Golf |
Head: 1 |
Assistant: 1 |
|
Competitive Activities |
||
|
Tier I |
Head Coaches |
Assistant Coaches/Leaders |
|
Robotics |
Head: 1 |
Assistant: 1 |
|
Tier II |
Head Coaches |
Assistant Coaches/Leaders |
|
FBLA |
Head: 1 |
n/a |
|
DECA |
Head: 1 |
n/a |
|
Tier III |
Head Coaches |
Assistant Coaches/Leaders |
|
Art Honor Society |
Head: 1 |
n/a |
|
FCCLA |
Head: 1 |
n/a |
|
Girls on the Run |
Head: 1 |
n/a |
|
SM Green |
Head: 1 |
n/a |
|
Non-Competitive Activities |
||
|
Tier I |
Head Coaches |
Assistant Coaches/Leaders |
|
Student Senate/Council |
Head: 1 |
Assistants: 1 |
|
Tier II |
Head Coaches |
Assistant Coaches/Leaders |
|
AFS |
Head: 1 |
n/a |
|
GSA |
Head: 1 |
n/a |
|
HOSA |
Head: 1 |
n/a |
|
Link/Altruistic |
Head: 1 |
Assistants: 4 |
|
NHS |
Head: 1 |
Assistants: 1 |
|
NJHS |
Head: 1 |
Assistants: 1 |
|
Senior Class Activities |
Head: 1 |
Assistants: 1 |
|
Unity |
Head: 1 |
Assistants: 1 |
|
Tier III |
Head Coaches |
Assistant Coaches/Leaders |
|
Spanish Honor Society |
Head: 1 |
n/a |
|
Thespians |
Head: 1 |
n/a |
|
Performance – Tier I |
||||
|
|
Lead |
Support A |
Support B |
Support C |
|
Fall Play |
Lead: 1 |
Set Construction: 1 |
Costumes: 1 |
2 (Lights & Sound) |
|
Musical |
Lead: 1 |
Set Construction: 1 |
Costumes: 1 |
5 (Choreographer, Orchestral, Vocal Prep, Lights, Sound |
|
Performance – Tier II |
|||
|
Marching Band |
Lead: 1 |
Support A: 1 |
Support B: 2 |
|
Color Guard |
Lead: n/a |
Support A: n/a |
Support B: 1 |
|
|
|
|
|
Music Services $ Amount
Elementary (minimum 1 concert one year) $125
Middle School
Band (minimum 2 concerts per year) 500
Choir (minimum 2 concerts per year) 500 Orchestra (minimum 2 concerts per year) 500
High School
Band* 2,470
Choir* 2,470
Orchestra* 2,470
Pep Band (6 performances) 500
*Stipend includes a minimum of 6 concerts per year, regional and state solo and
ensemble, and Jazz and More event.
Student Activities
Cadets 1,300
Peer Mediation 1,520
Elementary Student Council 950
Middle School Newsletter 1,901
Middle School Yearbook 2,010
Middle School Student Council 1,900
Middle School Spanish Club 950
Middle School Environmental 950
Middle School Volunteen Coordinator 1,901
Middle School Talent Show 731
Middle School WEB 3,800
Middle School Peer Mediation 1,520
Elementary Character Club 380
Longevity Pay for Co-Curricular Assignments
When a person begins their fifth (5th) year in a co-curricular activity or paid supervision assignment, they will receive a 4% longevity increase to their pay. When a person begins their tenth (10th) year in a co-curricular activity, they will receive an 8% longevity increase in co-curricular pay. When a person begins their fifteenth (15th) year in a co-curricular activity or paid supervision assignment, they will receive a 12% longevity increase to their pay. When a person begins their twentieth (20th) year in a co-curricular activity or paid supervision assignment, they will receive a 16% longevity increase to their pay. This amount is calculated off the co-curricular pay for that activity as it appears in this contract. Longevity shall not be paid for hourly rate assignments or positions.
If an individual accepts or is assigned to another co-curricular position, experience in the District in an activity different from the current activity shall be credited up to five (5) years towards longevity.
Appendix C
Appendix C:
Student Non-Discrimination and Equal Educational Opportunities Policy & Complaint Procedures
The School District of South Milwaukee prohibits all forms of unlawful discrimination against students and other persons in all aspects of the District’s programs and operations. Accordingly, consistent with section 118.13 of the state statutes, no person shall unlawfully be discriminated against in any curricular, extracurricular, pupil service, recreational, or other program or activity because of the person's sex, sexual orientation, race, national origin, ancestry, religion, creed, pregnancy, marital or parental status, any physical, mental, emotional or learning disability, or any other legally-protected status or classification.
The District likewise requires and enforces nondiscrimination in a manner consistent with the rights and obligations established under all applicable federal civil rights laws, including the current provisions of Titles IV and VI of the Civil Rights Act of 1964 (race, color, religion, sex, or national origin), Title IX of the Education Amendments of 1972 (sex), Section 504 of the Rehabilitation Act (disability), the Americans with Disabilities Act (including Title II of the ADA, which prohibits discrimination on the basis of disability in state and local government services), the Age Discrimination Act of 1975 (age), and the civil rights provisions associated with the Elementary and Secondary Education Act and the District’s participation in federal meal programs”.
The District’s commitment to nondiscrimination and to responding appropriately to any report, allegation, or confirmed incident of unlawful discrimination against any student is further addressed in the School Board’s policies, including but not limited to Board Policy 300 and Board Policy 411. These Board policies can be accessed online at https://www.sdsm.k12.wi.us/. As further required by the Board’s policies and applicable law:
The District provides legally-required accommodations and appropriate educational services or programs for students who have a qualifying disability, regardless of the nature or severity of the disability. The District also provides for the reasonable accommodation of a student's sincerely held religious beliefs with regard to examinations and other academic requirements.
As mandated by the current provisions of Title IX of the Education Amendments of 1972 and under the regulations set forth in Part 106 of Title 34 of the Code of Federal Regulations, the District does not unlawfully discriminate on the basis of sex and prohibits all forms of unlawful sex discrimination in any education program or activity that the District operates. Title IX’s requirement not to discriminate on the basis of sex in any education program or activity includes, but is not limited to, discrimination affecting students. A more comprehensive notice covering the application of Title IX to the District is available on the District’s website at https://www.sdsm.k12.wi.us/. The District’s Title IX notice identifies each of the District’s designated Title IX Coordinators and includes additional information on how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment under Title IX, and the manner in which the District will respond to such reports or complaints. Inquiries regarding how Title IX and the federal Title IX regulations apply to the District may be referred to a District Title IX Coordinator (as designated below), to the Assistant Secretary for Civil Rights at the U.S. Department of Education, or to both.
The District shall provide children of homeless individuals and unaccompanied homeless youth, as identified under federal law, with equal access to the same free, appropriate public education, including the provision of comparable services, as the District provides to other children and youth who reside in or otherwise attend school in the District. The Director of Pupil Services, who can be contacted at 414-766-5041, is the District’s designated liaison for homeless children and youth.
All District career and technical education opportunities are offered to students on a nondiscriminatory basis. Additional information regarding such program offerings and the applicable admission/participation criteria can be obtained on the District’s website or by contacting any school’s guidance office.
Nondiscrimination Coordinator(s) – The following employee serves as the District’s primary nondiscrimination coordinator for student matters:
Jennifer Sielaff Carrie Stollenwerk
Director of Personnel, Administrative & Director of Pupil Services
Legal Services 901 15th Ave.
901 15th Ave. South Milwaukee, WI 53172
South Milwaukee, WI 53172 cstollenwerk@sdsm.k12.wi.us jsielaff@sdsm.k12.wi.us
(414) 766-5011 (414) 766-5051
The student nondiscrimination coordinators identified above also serve as District-designated Title IX Coordinators and as District-designated ADA/Section 504 Coordinators.
How to Report or Make a Complaint of Student Discrimination – Any person (including a person who is not claiming to have been personally harmed/victimized by the alleged conduct or by a challenged policy) may report information about or, if eligible, a person may submit a complaint alleging any type of student discrimination that is prohibited pursuant to state or federal law (including any allegation of prohibited retaliation) to the District’s student nondiscrimination coordinator, as identified with their contact information, above.
Formal complaints alleging Title IX sexual harassment must be submitted in writing as further detailed in Board Policy 300 and will be processed using the District’s designated Title IX grievance process for such complaints. Unless applicable laws require the use of other processes (e.g., for certain special education matters), any other reports or complaints of prohibited student discrimination (including prohibited retaliation) will normally be processed under the complaint procedures that the District has established under Board Policy 411. For a complete copy of such complaint procedures, refer to Board Policy 411 on the District’s website at sdsm.k12.wi.us.
Questions concerning this notice, the District’s nondiscrimination policies, the application of student nondiscrimination laws to the District, or the District’s complaint procedures may be directed to either of the nondiscrimination coordinators identified in this notice.
By following all required procedures and timelines of the applicable non-District entity, complaints of unlawful student discrimination may also be filed externally with an appropriate state or federal court or state or federal agency. Such courts and agencies independently determine the extent to which any given complaint falls within their scope of authority.

