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District attorney summarizes grievance and transfer processes; board reminded of appeal roles
Summary
Attorney Mike Marlow reviewed the district's employee grievance procedure and teacher assignment/transfer rules, describing multi-level appeals (supervisor, director of student services, superintendent, school board, Department of Labor) and clarifying that involuntary transfers may move teachers between buildings but not within the same building.
The Yankton School District's long-time legal counsel reviewed two personnel policies at the April 13 board meeting, describing the grievance process and how teacher assignments and transfers are handled.
Mike Marlow told the board the grievance policy (Part 7, paragraph H) is a graduated, written process that begins with informal supervisor discussion and, if unresolved, proceeds through written Level 1 and Level 2 steps (director of student services and superintendent, respectively) with prescribed timelines for meetings and written decisions. Employees may ultimately appeal to the board and, for employment-condition disputes, to the Department of Labor and courts.
Marlow confirmed employees may be represented by counsel, union representatives or peers at grievance hearings. He emphasized due process, protections against discrimination and retaliation for employees who use the grievance process, and the district's ability to provide an impartial review.
On assignments and transfers (Part 7, paragraph M), Marlow said the policy applies to certified teachers and distinguishes voluntary transfers (available after four consecutive terms via written application) from involuntary transfers, which are limited to moving teachers to another building (not reassignments within the same building). He outlined criteria the administration uses when recommending transfers: staffing needs, curriculum/program changes, professional growth opportunities, qualifications, contribution to students, staff-relationship improvements and supervisor evaluation results.
Marlow also reminded the board of its policy-making role and of the board's obligation to avoid ex parte contacts in adjudicatory appeals; he said the board does, however, serve as the final hearing body in grievances and termination appeals when required.
