LTD GEORGIAN –AMERICAN SCHOOL PROGRESS
ARTICLE I. LABOR BYLAWS AND ITS PURPOSE
1. The purpose of labor Bylaws of LTD Georgian-American School “Progress”:
- To define the system of legal regulations applied in the school;
- To define the terms and conditions of relationship between the school and parents/ legal guardians of pupils.
- To define the rights and obligations of parties involved in educational-tutoring process;
- To define the effective mechanism of managing of educational-tutoring process;
- To foster the fulfillment of requirements of the Code of Conduct for Pupils, the Code of Professional Ethics for Teachers and School Principals. Code of Ethic.
SECTION2. The sources of Bylaws
2.1. The labor Bylaws of LTD Georgian-American School “Progress” is drawn up on the base (grounds) of the Constitution of Georgia, Law of Georgia “On General Education”, Labor code of Georgia, the normative acts of the Ministry of Education and Science of Georgia and also internal acts.
SECTION3. Scope of Bylaws
3.1. The rule of Bylaws shall be binding during the working process and each employee, teachers, pupils and parents are obliged to abide by the rules without a special directive.
ARTICLE II. The rules for hiring and dismissing employees
SECTION4. The rules for hiring of employees
4.1. School administration is obliged to request from a potential employee the following documents.
- An application form;
- Identification card and the place of registration;
- Reference from the previous job;
- Certificate or degree from accredited university;
- Medical health form.
4.2. The school principal signs contract with the person hired by the school. The contract must provide the following information: position, remuneration, working time and place, rights and obligations and in case of dispute – the mechanism for an appeal.
4.3. The school principal is entailed to sign the contract for a trial period of not more than six months.
4.4. While hiring the employee school administration is obliged:
- To familiarize the employee with the school Bylaws;
- Give training about labor safety, the security and health safety of children.
SECTION 5. The rules for dismissing an employee from work
5.1. The employ shall have the right to terminate the labor agreement, in this case the employee shall give the school administration at least 30 calendar days’ prior written notice;
5.2. After the expiration of the written notice the employee shall have the right to terminate the labor, the school administration shall grant the employee a pay;
5.3. A labor agreement may be terminated before the time by the request of the employee on the ground of illness, or from the administration on the ground of violation the labor agreement by an employee or any other objective circumstances justifying termination of the labor agreement;
5.4. The termination of labor agreement is signed by the school principal’s decree;
5.5. The dismissal of teachers is regulated by the active laws;
5.6. Labor relations shall in no event be terminated during paid Leave and temporary disability.
ARTICLE III .Basic rights and obligations of the employee
SECTION6. The employee shall have the right:
6.1. To require the employer to protect the School Bylaws and active laws;
6.2. The employee may request an additional break for not less than one hour a day if she is breastfeeding an infant under the age of one. The break for feeding an infant shall be regarded as working time and shall be paid.
6.3. An employee shall have the right to enjoy Holydays determined by the law of Georgia. The employee’s performance of work during the holidays shall constitute overtime work and shall be paid
6.4. The employee may refuse to fulfill any work, assignment, or instruction that contradicts law or that due to the lack of occupational safety standards presents an obvious and substantial danger to his/her or a third person’s life, health, property, or to the safety of the environment.
SECTION7. The employee is obliged:
7.1. To perform his/her duties with high standards of conscience, honesty and sense of responsibility. In his/her service shall employ the principles of culture, respect, dignity, trust, impartiality, fairness and generally recognized ethical norms;
7.2. To foster the reputation and authority of the institution in society;
7.3. To create the environment of learning and professional development;
7.4. To respect the institution and its traditions, treat employees and pupils with respect and fair;
7.5. Must not take any gift, money from any employees, pupils or any parties concerned for personal gain;
7.6. All school employees are obliged to protect the security and safety of pupils, and create healthy environment for children.
7.7. Any discrimination from staff and pupils shall be inadmissible; school staff shall eliminate any form of discrimination including: academic, racial, political, religious, ethnical or based on view, age, sex, social ranks;
7.8. The employee shall carry out his/her duties assigned by the labor agreement with conscience.
ARTICLE IV. Basic Duties of the Administration
SECTION 8. The school administration is obliged:
8.1. To define school development policies and strategies, draw up the budget;
8.2. To perform duties and obligations assigned by position;
8.3. To develop objective and democratic system of assessment: monitor and perfect the educational process of the school, teachers and pupils;
8.4. To supervise the study and tutoring process at school, be responsible for the quality of the organization;
8.5. To foster the supremacy of law and act as by law established;
8.6. To supervise and control the employees performing their assigned duties and obligations. Apply the measures against employee who breaks the rules;
8.7. To create the environment fostering teachers’ pedagogical and scientific activities; learn, disseminate and implement the best educational experiences and practices;
8.8. To establish the environment conducive to harmonic, non -violent relationship among school staff, parents and students;
8.9. To support and foster teachers incentives and activism, ensure their involvement in the school governing;
8.10. To develop the terms and conditions of giving bonuses, gifts and other rewords;
8.11. To establish safe and secure environment;
8.12. To ensure the provision of the terms and conditions of remuneration in accordance with the approved budget;
8.13. To provide remuneration in accordance with the salary schedules (no later than on 10th of the succeeding month);
8.14. To familiarize parents and pupils with school Bylaws.
SECTION 9. Working Time
9.1. The beginning and the end of the school year is defined by the Ministry of Education and Science;
9.2. Academic week from first grade to 10th grade is defined 5 days from Monday through Friday and 6 days for 11th and 12th grade, from Monday through Saturday;
9.3. Working hours begin at 09.00 A.M and ends at 17.00 P.M. After school hours may be used on extracurricular activities and for consultations;
9.4. Lessons begin at 09.00 A.M and last 45 minutes. Recess between lessons (5-10-15 minutes);
9.5. Employees shall not change the duty hours and master schedule willfully, In case of emergency (freezing weather, heat wave) the school is authorized in accordance with decree issued by the General Director of the school to change the length of lessons and recess in order to reduce the length of school day;
9.6. The length of working time, workload is defined by an individual labor agreement; in case of changes in the contract the employer will notify the employee prior two weeks. If the employee refuses to sign the terms and conditions offered, the labor agreement shall be deemed terminated;
9.7. All employed teachers shall preside overall meetings of Teacher Council;
9.8. Pupils, teachers and non-teaching staff shall have the right enjoy public Holydays determined by Labor Code of Georgia;
9.9. The school reserves the right on the bases of the General Director’s decree to announce the working day as a holiday provided it is significant day of the school life.
SECTION10. The rule of familiarizing the staff with decree regarding working issues
10.1. The decree regarding working issues may be normative and individual;
10.2. Normative decree is issued by the General Director of the institution. The
decree is issued in writing and shall be displayed on specially designated place or on the school website.
10.3. Individual decree is issued in written. Written individual decree is sent or handed to party/parties concerned, which is confirmed by signature.
10.4. The General Director is entitled to delegate the issuance of decree on his/her vice principal.
Section 11. The rule of notification in case of being absence from work
11.1. Provided the employee arrives later at work or leaves the school during the
educational process, or is absent for previously known reasons , the employee
shall notify the General Director or the Executive Director;
11.2. Provided the reason of absence is unknown the employee is obliged to
notify the General Director regarding the possible time of absence and refer the
11.3. In case of regularly being tardy for excused reason (child care, pregnancy
University course and etc) the employee, apart from teacher, is obliged to notify
the General Director about temporary resignation from the job.
11.4. In case the teacher is late for lesson 10 or more minutes- the time missed
will not be paid.
SECTION12. Basic instruction of safe and healthy environment and fire procedures
12.1. The employees shall follow the requirements of safety and fire procedures determined by the Law of Georgia.
SECTION 13. Incentives and promotion
13.1. For exemplary performance of official duties, successful and efficient pedagogical activity, long-term and honorable service and fulfilling assignments of special difficulty or importance the employee may be reworded with the incentive-cash bonus by the school principal.
ARTICLE VI. Disciplinary proceedings, offence and disciplinary penalty
SECTION15. The grounds for disciplinary penalties
15.1. The ground for disciplinary penalties of the teacher/ employee:
- Verbal or physical abuse against pupil;
- Psychological abuse of pupil;
- Destroying the registration document of the school on purpose;
- Violation of the Code of Professional Ethics for Teachers;
- Private tutoring of pupils on the premises of the school;
- Business relationship with students;
- Using tobacco or alcohol in building or on the premises of school;
- Dissemination and propagation of non scientific theories as scientific;
- Imposing his/her values and beliefs on pupils;
- Interfering in students’ privacy;
- Encouraging student’s unethical behavior;
- Accepting money or gifts from students and parents;
- Inappropriate attire;
- Avoidance of carrying out duties assigned and defined by school ByLaws, labor agreement.
15.2. In case of offences defined by this section following disciplinary penalties are applied:
- A reproval;
- Strict reprimand;
- Termination of labor agreement.
- 2.1. Reproval (in written form) is applied:
- Unexcused truancy or absence more than once;
- violation of the rule of filling out the class registration form;
- In case of private tutoring on the school premises;
- Interfering in privacy of the pupil;
- Using tobacco on the school premises;
- Taking money or gift from the pupil or parent;
- Inappropriate attire for the institution.
15.2.2. Reprimand as a disciplinary penalty is applied:
- If employee commits the same offence after reproval;
- After being truant four times or two unexcused absence;
- Violation of the Code of Professional Ethics for Teachers;
- Purposely damaging school documentation, student registration form or other important documentation;
- using tobacco or alcohol on the school premises;
- Having business relationship with student.
15.2.3. Strict reprimand as a disciplinary penalty is applied:
- Dissemination, teaching, spreading non scientific theories as a scientific;
- Verbal/ physical abuse of pupils;
- Physiological abuse of pupil;
- Systematic absence and truancy;
E.Purposely damaging school registration form or other important documentation;
- Disrupting a lesson willfully.
15.2.4. Termination of the labor contract as a disciplinary penalty is applied:
- Gross violation of the Code of Professional Ethics for Teachers;
- Incitement unethical behavior of pupil;
- Not fulfilling duties assigned by school Bylaws, the labor contract.
ARTICLE VII. Admission, placement and dismissal of pupils
SECTION 16. Admission at school
16.1. Children who are 6 years old before the beginning of academic year are admitted at school, the school admits citizens of Georgia and citizens of foreign nationality.
16.2. Documents required:
- Admission request statement to the Director of school;
- The document which verifies student’s ID number, issued by the National Public Registry Agency.
- Birth certificate (original)
- №27 Child’s medical certificate (medical form №27 )
- 2 Photograph ( ¾ )
- Copy of parents / guardians ID
SECTION 17. Transfer of pupils from other educational institution
17.1. In case of transfer from other educational institution parent shall present the following documents:
- A Form issued by the educational institution which proves the educational level of pupil;
- №27 Child’s medical certificate (medical form №27 )
- The document which verifies student’s ID number, issued by the National Public Registry Agency;
- Other documentation which may be necessary by the request of the Ministry of education and Science of Georgia;
- Grade transcript;
SECTION18. The number of pupils in each class is determined by the normative of the National Curriculum. Each pupil has his/her personal record where the following documents are stored:
- Admission request statement to the Director of school;
- The document which verifies student’s ID number, issued by the National Public Registry Agency;
- 2 Photograph ( 3X4 );
- Copy proving of Parent/ legal guardian registration;
- Academic performance and outcomes of pedagogical observation ;
- Conclusion of admission commission.
SECTION 19. The ground for denying pupils admission
19.1. Admission of the student depends on availability of places and may be denied provided the places are not available.
SECTION 20. Assessment system
20.1. In accordance with assessment and grading system 5 or more score is deemed as a minimum score.
20.2. Students with disabilities are assessed with different assessment program.
20.3. Suspension and expulsion of pupils are regulated by Code of Conduct, school ByLaws and active laws.
Code of Conduct
SECTION 21. The student is responsible for respecting the school, following code of conduct and other requirements of law established by the school. The student is responsible for following above mentioned ethical norms, principles and the following rules.
- Respect school staff and other students, student shall not use verbal or written abuse;
- Shall not offer staff any gift or money for personal gain;
- Shall not commit academic dishonesty/plagiarism , namely:
c.a. Copy other student’s work or use other material which is not allowed by a teacher
c.b. Take an exam on behalf of other student or ask other person to take exam on his/her behalf;
c.c. Find confidential information about examination;
c.d. Misrepresent the work as his/her;
c.e. Without referring to the source represent the quotes;
c.f. Falsify his/her records;
c.g. Depriving, destroying or altering academic work of other student;
c.h. Disrupt other student’s learning activity by hiding, destroying or unauthorized use of educational resources.
- 2. The student is forbidden:
- Violate the norms established by the School Bylaws:
- Truancy and unexcused absence;
- Willfully leaving the classroom during the lesson;
- Use cell phones at school;
- Bring Gums, sunflower seeds;
21.3. The Student is forbidden to possess and use the following items:
- Knives of all kinds and guns;
- Alcohol other substance representative as such;
- Mood-altering chemicals;
- Digital resources that may disrupt the instructional process.
21.4. The student is forbidden to wear any attire that may disrupt the learning environment or cause safety or health problem:
- Clothing that contains vulgar or offensive words or images that are indecent, or lewd.
- Clothing and other personal items which promote, advocate, or advance the use of illegal drugs, alcohol, or tobacco
- Hats, caps, and or other headgear of any type
21.5. The student is forbidden to bring medication unless he/she have doctor’s prescription or parent’s notification to the school principal. When a student must take medication during the hours the student is in school
- The Medication must be brought to the school by the parent or legal guardian in writing by the parent or legal guardian.
- The Medication must be administered under the supervision of a school nurse or a doctor.
SECTION22. Grounds for student’s disciplinary action
The student is subjected to disciplinary actions, including violating the norms of chapter 21, for the following disciplinary misconduct:
- 30 hours unexcused absence of school;
- Willfully leaving the lesson;
- Verbal or physical abuse of a teacher, student or school staff;
- Vandalism- intentional damage of school property;
- Intentional damage of important school documents;
- absence is considered excused ,caused: by illness of the student, medical check, bereavement; at elementary school level inability of a parent or a guardian to ensure students transportation to school; short term travel which should not exceed 30 days; the student’s responsibility to be presented at the state institution; the illness of the student’s family member and the necessity to look after them , or any other special occasion, when the student participates in the activities related to development of the students skills, enrichment and display of knowledge or. Absences of the student with disability will be regarded as excused.
- Parent or guardian shall notify a classroom teacher about the reason of student’s absence.
- In order absence to be considered excused parent or guardian shall provide written notification within 5 days explaining the ground of the absence.
- The school General Director decides whether the absence is excused. In case the school General Director considers absence is unexcused and the parent or the guardian disagrees with the decision the issue shall be discussed by the Disciplinary Committee. The decision made by the Committee is regarded as the final decision which may be appealed in accordance with the law.
- Violation of the norms of student’s code of conduct and School Bylaws are considerd as disciplanry offence and student will be subjected to disciplinary actions. In case of noncompliance or persistent violation of the rules of Code of Conduct the student is subjected to transition or expulsion.
- In case of expulsion the tuition fee is not refundable.
SECTION 23. Disciplinary penalty
- In case of offences the following disciplinary actions are used
- Verbal warning
- Strict reprimand
- Community service
- Short- term suspension 1-5 days
- Long-term suspension 5-10 days
- Suspension from the classroom
- Reimbursement of damage
- Expulsion from school
- Community service might be imposed after or before class period (cleaning the school ground, classroom, library or other parts of the school).
- Suspension may be imposed when the Disciplinary Committee deems the student’s presence at school is dangerous for staff to maintain a safe and positive climate. Student shall present at school at the start of the school day. It is school’s liability to ensure special room/library for the student. School assistant principal and classroom teacher are responsible for supervision. The student’s absence will be considered truancy.
- Financial reimbursement may be imposed on the student in case of stealing or damaging property of other student, teacher, and school staff; after the fact is recorded the parent or legal guardian should be notified as the person liable to financial reimbursement. (Reimbursement is carried out in accordance with Administrative Code of Georgia).
5 .The decision about expulsion (in the last resort) is made by the Disciplinary Committee after secret ballot.
- Absence is considered unexcused in case not presenting official note (parent’s or legal guardian’s note, illness) or written/ oral notification from parent /legal guardian.
- If the student is tardy he/she must contact an assistant principal and write a note explaining the reason of being tardy.
SECTION 24. Rights of Parents
- Parents shall have the right to require people involved in educational-tutoring process to perform their duties and obligations;
- Obtain any information from the school administration and teachers regarding any issues of school functioning;
- Protect the legal rights and interests of pupils;
- The school principal shall be obliged in case of violation of children’s right to take all reasonable measures and answer the parents in written form;
- Parent or legal guardian shall have the right, in case of conflict about pupil’s unfair assessment, establish a committee (from teachers employed at school), which will review the fairness of assessment.
- Parents shall have the right to be aware of educational-tutoring process and content, academic performance of pupil;
- Parents shall have the right to familiarize with school Bylaws and other documents.
SECTION 25. Obligations of Parents
- Ensure pupil’s timely arrival at school;
- Provide child with things necessary for education;
- Cooperate with the school and provide all information on request, apart the information regarding child privacy and it protected by the law;
- Ensure that child is not bringing the inappropriate things to school other than school supplies;
- In case the pupil is absent notify the classroom teacher about the fact;
- Present at school on first request. In case of unexcused absence of the parent the school shall be entitled to review the issue of the pupil without attendance of the parent or legal guardian;
- Shall respect the school administration, teachers and non-teaching staff;
- Reimburse the damage ( done by his/her child) to the school;
- Pay school tuition fees defined by the agreement signed between the school and the parent.
Disciplinary proceeding and disciplinary penalty
SECTION 26. Bodies exercising disciplinary proceeding and their authorities
1The disciplinary Committee carries out the monitoring of fulfillment/ violation of the School Bylaws, the Ethic Code of Teacher, the Code of Conduct; disciplinary proceeding are carried out by the Disciplinary Committee and by other people of the institution having authority.
- The School Disciplinary Committee is comprised of an equal number of teachers, parents and pupils of a secondary educational level.
- The special membership of the Disciplinary Committee shall not be convened for reviewing a certain case;
- The chairperson of the Disciplinary Committee is appointed by the School General Director and the members- upon the recommendation of the chairperson are appointed by the majority of members of Teacher Council for 1 year.
- Authorities of Disciplinary Committee:
- A) Receive and review the information received (application/complaint), determine to carry out disciplinary inquiry or not.
- Obtain the explanation from both parties and in case the information is proved to be true the pupil will be subjected to disciplinary penalty ;
- In case of not being subjected to disciplinary penalty the complaint shall be returned to appellate and the proven decision of refusal to start disciplinary inquiry;
- Carry our disciplinary inquiry and make relevant decision
- Provided disciplinary penalty is imposed, the relevant decision shall be presented to the school General Director for execution.
SECTION 27. Legal grounds for initiating disciplinary proceeding
Disciplinary proceeding may start in the case of complaint or application from the school General Director, teacher, person responsible for security and safety, the school recourse officer, school staff, pupil , parent/ legal guardian or from the person who claims the action of school staff or pupil caused the violation of his/her legal rights and interests.
SECTION 28. Within two weeks after receiving a complaint/application the Disciplinary Committee shall carry out preliminarily examination regarding the validity of the complaint/ application and make decision whether there is enough ground for initiating disciplinary inquiry or termination of disciplinary proceedings. Disciplinary inquiry shall not be initiated and disciplinary proceedings shall be terminated if:
- A complaint or application does not meet the conditions to initiate the proceeding;
- As a result of the examination the fact of committing disciplinary misconduct has not been proven;
- The disciplinary case examination materials indicate a crime was committed by a person.
- A complaint or application is against the person who is not employed by the institution, is not a pupil while the complaint was received.
- In the case an appellant refuses the complaint, disciplinary committee is authorized to terminate or continue disciplinary proceeding. In the case of termination of disciplinary preceding a respective authorized body sends an application back to the appellant and attaches the decision about termination of disciplinary proceeding.
SECTION 30. Hearing procedures
- Disciplinary Committee shall review a complaint/application fairly and impartially, the meetings of Disciplinary Committee are closed and the information obtained during the disciplinary proceedings is confidential.
- The chairperson of Disciplinary Committee conducts the session, or a member of the committee elected by majority on the open ballot principles.
- Te Discipline Committee shall summon witnesses or other people and notify them the time, data and place of the session. The Disciplinary Committee is obliged to conduct hearing of a person, who shall have right to be involved in disciplinary proceeding directly or by his/her representative. The parties shall have the right to express their position, question witnesses, present written or other evidence.
ARTICLE X. Final Provisions
Guarantees of protection the rights of pupils, teachers, parents/legal guardians
SECTION34. Rule of informing parents
- Parents shall have the right to be informed about academic performance, code of conduct, truancy and absence of pupils through special software program on school web-site.
- In order to inform parents about Code of conduct and involve them in school community the school uses web-site, e-mail, telephone call, the notice board of the institution.
SECTION35.Hearing of complaint of pupil, teachers and parents/ legal guardian
- In case of violation of rights determined by law, School by Laws, pupil, teacher, parent/ legal guardian shall have the right to address the General Director by written complaint.
- The General Director will review the complaint within two weeks after admission of the complaint.
- The complaint will not be reviewed if the following is not provided:
- a) The name and address of applicant;
- b) The essence of breaching the right;
- c) The essence of demand.
- The decision of the General Director and his/her action or no action may be appealed by the rules determined by law.
SECTION.36. Assessment and grading system
36.1. The General Director in agreement with school administration, Teacher Council designs:
- School self assessment system;
- Assessment of pupils;
- Assessment and evaluation of lessons;
- Teacher evaluation;
- Observation of pupils and teachers;
- The rules of monitoring, measurable indicators of evaluation.
36.2. At the beginning of academic year the school administration with agreement of Teacher Council designs the school curriculum.