Sec. 13a.01.03.02. Personnel Policies

A. Outside Employment. The assistants of the State Superintendent of Schools shall devote their full time to the work of their respective positions, and shall make no engagements for employment as instructors, or in any other way employ themselves outside their usual duties, without the consent of the State Superintendent of Schools.

B. Educational Leave.

(1) Purpose. The primary purpose of a program of educational leave is to increase the value of the professional staff member to the State Department of Education. This may be accomplished through further study, research, or exchange in a similar position or other experience leading to professional growth.

(2) Duration. Educational leave may be requested for a full year or part of a year. The leave shall be on a full-time basis unless otherwise recommended by the State Superintendent of Schools.

(3) Selection and Appointment.

(a) All benefits, privileges, and opportunities of a person on educational leave shall be continued in the same manner as though the person were on active duty. This applies to tenure and retirement benefits, salary increments, and opportunity for promotion.

(b) The number of persons on leave at any one time shall rest with the State Superintendent of Schools.

(c) Written application for an educational leave shall be made by the person desiring the leave in time to permit any adjustment in professional responsibilities which might be necessary by the granting of the leave.

(d) The application for a leave shall be accompanied by a plan in which the applicant outlines the means by which he or she expects to increase his or her personal worth to the State Department of Education during the period of leave.

(4) General Provisions.

(a) Eligibility. Any professional staff member recommended by the State Superintendent of Schools shall be eligible for educational leave.

(b) Salary. The recipient of an educational leave shall be paid on the basis of the recipient's annual salary whether on leave for a full year or any part of a year.

(c) Responsibilities.

(i) The recipient of an educational leave must agree to return to the service of the State Department of Education for at least one school year if the leave has been for one semester or two school years if the leave has been for two semesters.

(ii) If the recipient does not comply with §D(4)(c)(i) of this regulation, the recipient shall be held financially responsible for the educational leave stipend; for all of it if there is no return to service. If the recipient returns but fails to complete two full school years, the recipient shall be held financially responsible for the same proportion of the stipend as the period of service unfulfilled is to 2 years.

(iii) Full-time employment by the recipient of an educational leave, except when on an exchange basis, shall be prohibited. This does not, however, preclude the acceptance of grants, fellowships, or honoraria for occasional consultative service which would not interfere with the leave plan of the recipient.

(d) Approval of educational leave is subject to availability of funding.