4000 Personnel

Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Minority Recruitment
Policy # 4111.3(a)
New:  2/9/2021 Approved
Supersedes / Amends:

Personnel ‑ Certified/Non‑Certified
Minority Recruitment

The Board of Education (Board) believes that a skillful and diverse staff contributes significantly to high quality, engaging learning environments, predicated on a climate of inclusion. To this end the Board directs the Superintendent to enact a planning process for the recruitment of a diverse staff.

The Board recognizes the diversity of the people who live in this school district and believes that this diversity should have an important bearing on all aspects of the school system’s activities. It is especially important that this diversity of population be recognized in the recruitment, hiring, promotion, and assignment of personnel.

The Board, in accordance with C.G.S. 10-4a(3) and C.G.S. 10-220(a) will implement an affirmative action plan and a written plan for minority educator recruitment.

The Superintendent of Schools shall be responsible for developing specific recruiting procedures and appropriate interviewing and evaluation instruments to implement the Board’s policy. All such procedures and instruments shall comply with federal and state requirements.

Any Board employee who conducts interviews or selects professional or paraprofessional employees for any job in the School System will have read and had the Board of Education Affirmative Action Policy and Plan explained to them by the Superintendent of Schools or his/her designee.

The Board shall make appropriate efforts to encourage, recruit, employ, and promote qualified minorities especially where under-utilized in the District’s work force. Beginning with the school year commencing July 1, 2020 and each school year thereafter, the Board will utilize the strategies and resources made available to it by the State Department of Education’s Minority Teacher Recruitment Policy Oversight Council to assist in meeting Connecticut’s annual goal of hiring at least two hundred fifty new minority teachers and administrators, of which at least thirty percent are men.

Every level of supervision shall be held responsible for complying with this policy and plan.

P4111.3(b)

4211.3

Personnel ‑‑ Certified/Non‑Certified

Minority Recruitment (continued)

(cf. 4111 – Recruitment and Selection)

(cf. 4111.1/4211.12 – Affirmative Action: Equal Employment Opportunity)

Legal Reference:         Connecticut General Statutes

10-4a (3) Educational interests of state identified.

10-151 Employment of teachers. Notice and hearing on termination of contract.

10-153 Discrimination on account of marital status.

10-220(a) Duties of Boards of Education. (as amended by PA 18-34)

46a-60 Discriminatory employment practices prohibited.

PA 16-41 An Act Concerning the Recommendations of the Minority Teacher Recruitment Task Force.

PA 18-34 An Act Concerning Minority Teacher Recruitment and Retention.

PA 19-74 An Act Concerning Minority Teacher Recruitment and Retention.

Board of Education Policy Regarding:
Personnel – Certified/Non-Certified - Appointment
Policy # 4112.1
New: 11/15/2022
Supersedes / Amends:

The Winchester Board of Education delegates the Superintendent the authority to hire certified (except administration) and supplementary positions. In the case of administrative or supervisory personnel, the Superintendent shall nominate a candidate to the Board.

The Superintendent also has the authority to hire support and substitute personnel. On a monthly basis at a minimum, the Superintendent shall notify the Board of those individuals who have been hired.

The Superintendent shall make it an object of paramount interest to secure competent teachers and other employees for the schools. For each vacancy, the Superintendent shall select the ablest and best qualified candidate available. The Superintendent shall ensure that all certified personnel to be employed meet state requirements for the position.

The Superintendent shall conduct an annual review of supplemental pay positions to determine their continued need.

The following guidelines shall be observed in hiring personnel:

1.  Residence shall not be a factor.

2.  No member of the immediate family of any member of the Board of Education shall be employed in any continuing capacity by the Board. This is not to be construed as requiring the resignation of any employee should a member of his/her immediate family be elected to the Board of Education.

3.  Relatives of professional administrative or supervisory personnel shall not serve under the supervision of the administrator or supervisor to whom they are related. This is not to be construed as requiring the resignation of any person already in the employ of the Board of Education.

4.  Temporary appointments of a relative as described in paragraphs 2) and 3) above may be made.

5.  The "wage range" of the position for which an applicant is applying will be provided, upon the earliest of (a) the applicant's request, or (b) prior to or at the time the applicant is made an offer of compensation.

6.  Employees will be provided with the wage ranges when their position with the District changes, or when they first request it.

The Board will not discriminate in the amount of compensation paid to any employee on the basis of sex/gender. Any pay difference between employees due to gender must be proven to be based upon a (1) seniority system; (2) merit system; (3) system that measures earnings by production quantity or quality; or (4) differential system based on a bona fide factor other than sex, such as education, training, experience, credentials, skill, and geographic location.

(cf. 4141 - Salary Guides)

Legal Reference:  Connecticut General Statutes

10-151 Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal.

10-153 Discrimination on account of marital status.

10-155f Residency requirement prohibited.

31-40z Penalizing employees for discussion or disclosure of wage information prohibited. Enforcement. (as amended by P.A. 21-30)

31-75 Discrimination on the basis of sex. Prohibited practice. Employer demonstration. (as amended by P.A. 21-30)

46a-60 Discriminatory employment practices prohibited.

P.A. 21-30 An Act Concerning the Disclosure of Salary Range for a Vacant Position.

Title VII, Civil Rights Act as amended by Title IX, Equal Employment Opportunity.

Policy adopted:

Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Remote Work/Telecommuting Policy/Telework 
Policy # 4113.6(a)/4213.6
New:  5/11/2021
Supersedes / Amends:

The Board of Education (Board) recognizes that providing staff members the flexibility of working remotely may be necessary at times when widespread illness, a declared pandemic health emergency, natural disasters or other roadblocks interrupt the District’s ability to conduct school and/or business on a regular basis. An authority outside the school district may, in addition to the Board and/or the Superintendent, direct school closures. In addition, the Board understands and supports the belief that during normal times of operation, it may be beneficial to have some staff members, with appropriate approval, fulfill their professional responsibilities by working remotely.

Telecommuting is not considered an entitlement, or a benefit. Telecommuting/Telework, for purposes of this policy, is defined as the performance of the essential functions of one’s job description in a work location other than their assigned school or office. In addition, working remotely/telecommuting does not change in any manner the terms and conditions of employment with the Winchester Board of Education. Any change in the terms and conditions of employment shall be made a part of a Memorandum of Understanding (MOU) between the Board and the applicable employee bargaining unit.

This policy is temporary as necessary in order to address any immediate concern related to quarantine, natural disaster or other event that interrupts normal operations. To provide clarity, this policy outlines expectations and provides guidance should the need arise for staff to work from home.

Eligibility

Instructional and Administrative staff will be provided approval to work remotely off site for the duration of the identified remote learning days when deemed appropriate and necessary at those times identified by the Superintendent of Schools. Circumstances warranting such off-site work shall include situations of widespread illness, declared pandemic, lengthy school closures, natural disaster or other identification as made by the Superintendent.

Cafeteria, maintenance, and custodial staff may not be eligible for remote work. 

Central Office staff may be eligible for remote work as determined by the Superintendent.

P4113.6(b) / 4213.6
Personnel – Certified/Non-Certified

Remote Work/Telecommuting Policy/Telework (continued)

Availability

Those individuals approved for remote work will do so within the confines of their contractual hours unless otherwise approved ahead of time by the Superintendent. No employee shall work more than the contracted number of days provided in the parties’ bargaining unit Agreement. The total number of contractual days will vary depending on whether an employee is considered a ten month or a twelve-month employee.

All staff working from a remote location will check their school email and voice mail and shall be available to students and families, or as otherwise directed by the administration during the timeframe listed above or for shorter intervals through various methods, including but not limited to email, voice mail, remote learning platform, or telephone/communication platform.

Responsiveness

It is the Board’s expectation that remote work/telecommuting takes place during the identified work day as outlined above. Communication via email, personal phone or other means may take place. It is expected that staff working during this time respond in a timely manner to requests for information and be productive employees. Lack of responsiveness on the part of the employee may result in termination of remote work/telecommuting responsibilities.

Productivity Measurement

Employee productivity will be measured on time spent on tasks and projects, response to emails, response to parents/vendors, and overall efficiency in project and task completion.

Equipment Required

The District will either provide a technology device for those who require remote work or provide the necessary technological assistance which will enable the employee to utilize his/her own computer equipment to access the Internet for continuation of required work. The Board urges caution in accessing the Internet from public places and in accessing information and content from networks outside of the District’s service. Utilizing the Internet from public WIFI is strongly discouraged in order to prevent compromising critical and sensitive student information and/or financial information. District technology support will continue to be available as needed. The District will not support personal equipment and the employee uses such equipment at their own risk and direction.

Remote/telecommuting work will cease when determined by the Superintendent or his/her designee.

P4113.6(c) / 4213.6
Personnel – Certified/Non-Certified

Remote Work/Telecommuting Policy/Telework (continued)

1.      An employee’s performance when teleworking will be monitored in the same manner as all employees at their assigned school or office.

2.      The work location must be free of distractions, as much as possible, and the employee must be accessible by email and/or phone during work hours.

3.      The Superintendent or his/her designee may authorize employees other than those identified as essential, who would otherwise report to work during emergency school closings, to instead work from an approved remote work location.

4.      When schools are closed for the summer break, the Superintendent or hs/her designee may authorize eligible employees to work from the alternate work location periodically on an agreed-upon schedule if they are not assigned summer school responsibilities.

5.      Teleworking may be used when the completion of special project work requiring minimal interruptions is approved by the supervisor.

6.      Teleworking may be used when unusual circumstances such as construction, accident, or natural disaster make the assigned work location inaccessible/uninhabitable.

Guidelines for Telework

1.      Telework may not be used in lieu of taking sick leave.

2.      Employees approved for telework must comply with all District policies and administrative regulations/procedures including contracts and work schedules, and meet all evaluation performance standards.

3.      Work-related injuries that occur in the alternate work location must be reported to the supervisor and require adherence to the worker’s compensation guidelines.

4.      Employees are responsible for maintaining and protecting equipment on loan from the District. Equipment on loan shall be used for work-related purposes only and use is governed by the District’s Acceptable Use Policy.

5.      Employees are responsible for protecting all data and ensuring compliance with all regulations regarding confidentiality of materials.

(cf. 4112/4212 – Appointment and Conditions of Employment)

(cf. 4113.1/4213.1 – Load/Scheduling/Hours of Employment)

(cf. 4113/4213 – Work Year)

(cf. 4115/4215 – Evaluation)

(cf. 4118.22 – Code of Ethics)

(cf. 4118.5/4218.5 – Acceptable Computer Network Use)

Legal Reference          Connecticut Genera Statutes

10-221 Boards of education to prescribe rules, policies and procedures.

WINCHESTER BOARD OF EDUCATION 
WINCHESTER PUBLIC SCHOOLS 
WINSTED, CONNECTICUT 
Board of Education Policy Regarding: 
Personnel – Certified Evaluation and Support Program 
Policy # 4115.01(a)
Amended:  10/13/2020
Supersedes/Amends:  11/11/12, 12/10/13

Personnel - Certified
Evaluation and Support Program

Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the 
2020-2021 School Year 

The Board of Education (Board) recognizes/acknowledges that the Connecticut State Department of Education (SDE) for the 2020-2021 school year only has provided one-time flexibility within the Guidelines for Educator Evaluation 2017 (Guidelines). The flexibilities reflect the importance of the social and emotional learning and well-being of students and educators during the 2020-2021 academic year, while maintaining meaningful feedback and substantive evaluation of educators and administrators.

The flexibilities for 2020-2021 are as follows:  

Student Learning Indicators: 

Districts may focus Student Learning components on social and emotional learning, student engagement and family engagement.

Teachers: A minimum of one goal with a minimum of two indicators or measures of accomplishment focused on social and emotional learning for students, student engagement, and/or family engagement. An academic goal may be considered with mutual agreement.
Administrators: A minimum of two indicators or measures of accomplishment focused on the reopening of schools, supporting well-being of staff and students, supporting remote and distance teaching and learning, mastery-based learning, ensuring equity for the most vulnerable students and their families, and/or health and safety of students, staff, and the school community.

The District may adjust the requirement for formal in-class observations as appropriate, if shorter, more frequent observations will take place. Written feedback from observations shall be based on current CSDE-approved rubrics, be formative in nature, and include recommendations for professional learning. 

Teachers: a minimum of two and three informal observations based on years of experience and previous summative ratings. Teachers must complete a minimum of one review of practice.
Administrators: A minimum of two and three site visits based on years of professional experience and/or district and previous summative ratings. Administrators must complete a minimum of two artifact reviews.

4-Level Matrix Rating System
Summative ratings are waived for the 2020-2021 academic year. Evaluators, however, are expected to provide substantive feedback to educators. Educators shall also complete a self-assessment and evaluators shall complete a narrative summary of the educator’s performance.

Improvement and Remediation Plans
Evaluators who have concerns about an educator’s performance shall ensure it is appropriately communicated and documented, and development opportunities be provided, even without summative ratings. Communication between evaluators, educators, and the exclusive bargaining representative shall take place regarding the status of existing plans. Primary evaluators shall provide formative documentation when developing a plan in consultation with the educator and exclusive bargaining representative. 

Amendment Requests
Should the District choose to adopt these flexibilities, it must be done through the mutual agreement process of the Professional Development and Evaluation Committee (PDEC) and the Superintendent. After reaching mutual agreement, the District may begin the implementation of the flexibilities. The District shall also notify the Bureau of Educator Effectiveness and Professional Learning by October 1, 2020 consistent with the EESP amendment process. If the District chooses not to utilize these flexibilities, it will assume its most recent CSDE-approved plan. 

Guidance and resources to support the implementation of effective Student Learning Indicators and informal observation protocols for in-person, hybrid, and virtual learning environments will be provided be SDE to assist the district in adopting available flexibilities.

The document, “Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 (Guidelines) for the 2020-2021 School Year” dated August 11, 2020, provides additional detail to the above. It is available on the SDE website.

(cf. 2400 - Evaluation of Administrators and Administration)
(cf. 4111/4211 - Recruitment and Selection)
(cf. 4115 – Evaluation and Support Program)
(cf. 4131 - Staff Development)

P4115.01(c)

Personnel - Certified
Evaluation and Support Program

Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the 
2020-2021 School Year 

Legal Reference:    Connecticut General Statutes
10-145b Teaching certificates.
10-151a Access of teacher to supervisory records and reports in personnel file.
10-151b Evaluation by superintendent of certain educational personnel. (amended by PA 04-137, P.A. 10-111, P.A. 12-116, PA 12-2 (June Special Session), PA 13-245, PA 15-5 (June Special Session) Flexibilities implemented by Commissioner Cardona via Aug, 11 ,2020 memorandum to Superintendents.
10-151c Records of teacher performance and evaluation not public records.
10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.
Connecticut Guidelines for Educator Evaluation, adopted by the State Board of Education, June 27, 2012.
Connecticut’s System for Educator Evaluation and Development (SEED) state model evaluation system.
“Flexibility to Guidelines for Educator Evaluation” adopted by Connecticut State Board of Education, February 6, 2014
34 C.F.R. 200.55 Federal Regulations.
PL 114-95 – Every Student Succeeds Act §9213

Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Probationary/Tenure Status
Policy # 4116
New:  Adopted 1/12/2021
Supersedes / Amends:

All certified personnel may attain tenure as provided by law. (C.G.S. 10-151, as amended*)

The Board of Education will expect thorough and competent evaluations of all personnel before they become candidates for tenure. The awarding of a contract by the Superintendent for a teacher to return for the following year must be based on effective practice as informed by performance evaluations conducted pursuant to Connecticut General Statute 10-151b, as amended and with the teacher evaluation guidelines recommended by the Performance Evaluation Advisory Council (PEAC) and approved by the State Board of Education (6/27/12).  The standard for tenure is demonstrated excellence.

Procedures for continuation or termination of a contract, failure to renew a teacher’s contract, or appeals thereof shall be in accordance with Connecticut General Statute 10-151, as amended.

Teachers Working Under Cooperative Arrangements

Teachers working under cooperative arrangements recognized in statute retain their credited service toward tenure with a Board of Education if their service is transferred to a committee administering a cooperative arrangement and the District is part of the committee.  Also permitted is allowing a teacher with tenure at a district to be considered as having continuous employment for tenure purposes if the teacher becomes employed under a cooperative arrangement in which the district participates.

(cf. 4115 - Evaluation/Supervision)

(cf. 4117.4 - Dismissal/Suspension)

Legal Reference:         Connecticut General Statutes

10-151 Employment of teachers. Notice and hearing on termination of or failure to renew contract. Appeals as amended by P.A. 10-111, An Act Concerning Education Reform in Connecticut, and PA 12-116, An Act Concerning Educational Reform and PA 19-139, An Act Concerning Education Issues.

                                    10-158a Cooperative arrangements among towns. School building projects. Student transportation.

                                    Connecticut Guidelines for Educator Evaluation adopted by the State Board of Education, June 27, 2012.

                                    Connecticut’s System for Educator Evaluation and Development (SEED)

Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students
Sex Discrimination and Sexual Harassment in the Workplace
Policy # 4118.112(a)
New: 12/8/2020
Supersedes / Amends: 

The Winchester Board of Education (Board) is committed to safeguarding the right of all employees within the school district to a work environment that is free from all forms of sexual discrimination or harassment. Therefore, the Board condemns and prohibits all unwelcome behavior of a sexual nature which is either designed to extort sexual favors from an employee as a term or condition of employment, or which has the purpose or effect of creating an intimidating, hostile, or offensive working environment unreasonably interfering with the employee’s work performance or adversely affecting the employee’s employment opportunities. The Board also strongly opposes any retaliatory behavior against complainants or any witnesses.

Definitions

Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of his or her sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.

Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Employee means all personnel hired by the Board of Education.

Although not an exhaustive list, the following are examples of the type of conduct prohibited by the policy against sexual harassment:

1.   Unwelcome sexual advances from a co-worker or supervisor, such as unwanted hugs, touches, or kisses;

2.   Unwelcome attention of a sexual nature, such as degrading, suggestive or lewd remarks or noises;

3.   Dirty jokes, derogatory or pornographic posters, cartoons or drawings;

4.   The threat or suggestion that continued employment advancement, assignment or earnings depend on whether or not the employee will submit to or tolerate harassment;

5.   Circulating, showing, or exchanging emails, text messages, digital images or websites of a sexual nature;

6.   Using computer systems, including email, instant messaging, text messaging, blogging or the use of social networking websites, or other forms of electronic communications, to engage in any conduct prohibited by this policy.

Harassment

Any infraction of this policy by supervisors or co-workers should be reported immediately to the Title IX Coordinator, the Superintendent, or his/her designee so that appropriate corrective action may be taken at once. In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct, will ensure that an investigation is promptly commenced by appropriate individuals.

Retaliation against any employee for complaining about sex discrimination or sexual harassment is prohibited under this policy and illegal under state and federal law. Violations of this policy will not be permitted and may result in discipline up to and including discharge from employment. Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties.

Notification Requirements

The Board shall, in each school, post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.

In addition, the Board shall provide, not later than three months after an employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address.  The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.) (Also refer to Policy 4000.1/5145.44 federal Title IX notification requirements.)

Training Requirements

All District employees shall be provided two hours of training and education within one year of October 1, 2019, unless such training was previously provided to any such employee after October 1, 2018. Such training and education shall also take place not later than six months after the date of a new employee’s hire. (Note: The use of the free, online training and education video or other interactive method developed by CHRO fulfills the statutory requirement.)

In addition to the required training listed above, the Board shall also provide supplementary training at least every ten (10) years on the content of the training and education.

P4118.112(c)

4218.112

Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace

Training Requirements (continued)

NOTE: Title IX contains specific training requirements for individuals serving as investigators or “decision-makers.” or “decision-makers.”

The Board acknowledges that it is subject to a financial penalty if it fails to provide the training and education as required. In addition, such inaction to provide the training is considered, under P.A. 19-16, as a discriminatory practice.

The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual discrimination and/or sexual harassment.

A copy of this policy and its accompanying regulation are to be distributed to all personnel and posted in appropriate places.

(cf. 4000.1/5145.44 – Title IX)

Legal References:       United States Constitution, Article XIV

Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000‑e2(a).

Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.

Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.

Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.

Title IX Final Rule, May 6, 2020

Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)

Connecticut General Statutes

46a‑60 Discriminatory employment practices prohibited.

Conn. Agencies Regs. §46a-54-200 through §46a-54-207

Constitution of the State of Connecticut, Article I, Section 20.

P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment

R4118.112(a)

4218.112

Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace

The following procedures shall be followed pursuant to the Board of Education policy prohibiting sex discrimination and sexual harassment in the workplace.

Definitions

Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of his or her sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.

Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Employee means all personnel hired by the Board of Education.

Immediate supervisor means the person to whom the employee is directly responsible. (e.g., Department Head, Building Principal)

Policy Awareness

A.                Each school shall post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.

B.                 Each employee shall be provided, not later than three months after the employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address.

C.                 The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.)

R4118.112(b)

4218.112

Personnel -- Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Policy Awareness (continued)

D.                The Board of Education policy, “Sex Discrimination and Sexual Harassment in the Workplace” shall be distributed to all employees annually at the start of the school year by each building Principal. Principals shall provide written assurance to the Superintendent that such policy and implementing procedures have been distributed and explained to staff.

E.                 In addition to the above, items A through D, training shall be provided for those individuals serving as Title IX Coordinators, investigators of Title IX claims and decision makers of Title IX claims. (Such training requirements contained in Policy 4000.1, Title IX)

Staff Training

A.                Staff training in the prevention of sexual discrimination and sexual harassment in the work place shall be conducted annually as part of the District’s continuing staff development program.

B.                 All District employees shall be provided two hours of training and education within one year of October 1, 2019, as required by P.A. 19-16, unless such training was previously provided to any such employee after October 1, 2018.

C.                 Training and education shall also take place not later than six months after the date of a new employee’s hire.

D.                Supplementary training shall also be proved to all staff every ten years on the content of the training and education.

Note:   The use of the free, online training and education video or other interactive method developed by CHRO fulfills the above statutory requirements.)

Procedures

A.                The Superintendent of Schools will appoint a District Title IX Coordinator and announce the identity of this person annually at the beginning of the school year.

B.                 Employees who believe they have been subjected to sexual harassment or sexual discrimination are to report the incident promptly to the Title IX Coordinator [and to their immediate supervisor]. Should the Title IX Coordinator be the subject of the complaint, the complaint shall be made to the Superintendent, who shall investigate or appoint a designee to do so. Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.

C.                 All reports of sexual harassment will be held in confidence subject to all state and federal applicable laws.

R4118.112(c)

4218.112

Personnel -- Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Procedures (continued)

D.                Consistent with federal and state law, the following procedures shall be employed in handling any report, investigation and remedial action concerning allegations of sex discrimination or sexual harassment.

Informal Complaints

Employees who believe they have been subjected to sex discrimination or sexual harassment may request that an informal meeting be held between themselves and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available. The supervisor will then promptly discuss the complaint with the alleged perpetrator. Should the harasser admit the allegations, the supervisor is to obtain a written assurance that the unwelcome behavior will stop. Depending on the severity of the charges, the supervisor may recommend that further disciplinary action be taken. Thereafter, the written report of the incident is to be prepared and the complainant informed of the resolution. The complainant is to indicate on report whether or not he/she is satisfied with the resolution.

If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the complaint may be reopened for investigation if a recurrence of sexual discrimination or harassment is reported. The supervisor is to inform the complainant to report any recurrence of the harassment or any retaliatory action that might occur.

If during the informal attempt to resolve the complaint, the alleged harasser admits the allegations but refuses to give assurance that he/she will refrain from the unwelcome behavior, the supervisor is to file a report with the Title IX Coordinator. The report is to indicate the nature of the complaint, a description of what occurred when the supervisor informed the alleged harasser of the allegations against him/her, the harasser’s response to the allegations, and a recommendation that stronger corrective measures be taken. This report should be accompanied by a formal complaint.

Should the alleged harasser deny the allegations, the supervisor is to inform the complainant of the denial and state that a formal written complaint will be required for further formal investigation. The supervisor will file a report with the Title IX Coordinator on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor’s report with a recommendation for further action.

R4118.112(d)

4218.112

Personnel -- Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Formal Complaints

Formal complaints may be submitted either to initially report any incidence of sexual discrimination or harassment, or as a follow‑up to an unsatisfactory resolution of an informal attempt to resolve a complaint. The formal written complaint will consist of any appropriate forms and a copy of any applicable supervisor reports. The appropriate forms solicit the specifics of the complaint, e.g. date and place of incident, description of sexual misconduct, names of any witnesses, and any previous action taken to resolve the matter.

Any employee who believes that he or she has been discriminated against or sexually harassed in the workplace in violation of this policy may also file a complaint with the Hartford Region Office of the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Blvd Hartford, CT 06103. 860-541-3400 (Your regional CHRO office can be found by accessing https://www.ct.gov/chro/cwp/view.asp?a=2523&Q=315790) and/or the Equal Employment Opportunity Commission, Boston Area Office, 475 Government Center, Boston, MA 02203 (Telephone Number 617-565-3200). Connecticut law requires that a formal written complaint be filed with the Commission on Human Rights and Opportunities within 180 days of the date when the alleged discrimination/harassment occurred. Remedies for sex discrimination and sexual harassment include cease and desist orders, back pay, compensatory damages, hiring, promotion or reinstatement.

Investigating a Complaint

Complaints will be investigated promptly. The District’s Grievance/Investigative Process pertaining to Policy 4000.1, Title IX, shall be utilized. Corrective action will be taken when allegations are verified. Confidentiality will be maintained by all persons involved in the investigation to the extent possible and reprisals or retaliation that occur as a result of the good faith reporting of charges of sex discrimination or sexual harassment will result in disciplinary action against the retaliator.

Remedial Action

If the investigation reveals that sexual discrimination or harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law. Depending on the gravity of the misconduct, these may range from a reprimand up to and including dismissal from employment.

Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law.

R4118.112(e)

4218.112

Personnel -- Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Remedial Action  (continued)

If the investigation reveals that no sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the Superintendent or the Board of Education. The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.

Post Remedial Action

Following a finding of sexual discrimination or harassment, victims will be periodically interviewed by the appropriate supervisory personnel to ensure that the harassment has not resumed and that no retaliatory action has occurred. These follow‑up interviews will continue for an appropriate period of time. A report will be made of any victim's response.

Title IX Coordinator

The Title IX Coordinator for the Winchester Board of Education is Seamus Cullinan.

Complaint Records

Complainants should receive a copy of any resolution reports filed by the supervisor concerning his/her complaint. Copies should also be filed with the employment records of both the complainant and the alleged harasser.

Investigation in the Absence of a Complaint

The Board, in the absence of a victim's complaint, must ensure that an investigation is commenced by the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct.

Role of the District Title IX Coordinator

The District Title IX Coordinator shall immediately institute an inquiry into allegations which shall include, but not limited, to:

1.         Advising the Superintendent of Schools that a complaint of alleged sexual harassment has been filed.

R4118.112(f)

4218.112

Personnel -- Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Role of the District Title IX Coordinator (continued)

2.         Interviewing the complaining adult or student in a confidential setting and notifying such individual(s) of the grievance/investigatory process which will be utilized.  In the case of a student, the parent/guardian shall be notified (unless the parent/guardian is the subject of the allegations) and invited to be present for the interview.

                        a.         All parties named as perpetrators of and witnesses to the alleged sexual harassment will be interviewed by the Title IX trained individual serving as the investigator.

b.         The Trained Title IX individual serving as the decision-maker in the formal complaint process shall file a report of findings with the Superintendent of Schools. If the findings result in reasonable cause to suspect or believe that any child under the age of eighteen has been abused, the District Title IX Compliance Officer shall also file a report with the State of Connecticut Commissioner of Children and Youth Services. Nothing contained herein shall abrogate the reporting requirements of school personnel pursuant to Connecticut General Statute 17a-101 in cases of suspected child abuse.

Legal References:       United States Constitution, Article XIV

Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000‑e2 (a).

Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.

Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.

Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.

Title IX Final Rule, May 6, 2020

Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)

Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)

Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)

Connecticut General Statutes

46a‑60 Discriminatory employment practices prohibited.

Conn. Agencies Regs. §46a-54-200 through §46a-54-207

Constitution of the State of Connecticut, Article I, Section 20.

P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment

Form # 1 & 2 - Complaint Form Regarding Sex Discrimination and Sexual harassment (Personnel), and Appeal form Regarding Sex Discrimination and Sexual harassment complaint (Personnel)

4118.112

4218.112

Notice

To be posted in a conspicuous place readily available for viewing by employees

WINCHESTER PUBLIC SCHOOLS

SEXUAL HARASSMENT IS ILLEGAL
AND IS PROHIBITED
BY
THE CONNECTICUT DISCRIMINATORY EMPLOYMENT PRACTICES ACT
(Section 46a-60 of the Connecticut General Statutes)
AND
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
(42 United States Code Section 2000e et seq.)

SEXUAL HARASSMENT MEANS ANY UNWELCOME SEXUAL ADVANCES OR REQUESTS FOR SEXUAL FAVORS OR ANY CONDUCT OF A SEXUAL NATURE WHEN:

1.         SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL’S EMPLOYMENT;

2.         SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR

3.         SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL’S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.

Examples of SEXUAL HARASSMENT include:

UNWELCOME SEXUAL ADVANCES

SUGGESTIVE OR LEWD REMARKS

UNWANTED HUGS, TOUCHES, KISSES

REQUESTS FOR SEXUAL FAVORS

DEROGATORY OR PORNOGRAPHIC POSTERS, CARTOONS, OR DRAWINGS

Remedies for SEXUAL HARASSMENT may include:

CEASE AND DESIST ORDERS

BACK PAY

COMPENSATORY DAMAGES

HIRING, PROMOTION, OR REINSTATEMENT

RETALIATION AGAINST ANY EMPLOYEE FOR COMPLAINING ABOUT SEXUAL HARASSMENT IS PROHIBITED UNDER THIS POLICY AND ILLEGAL.

VIOLATION OF THIS POLICY IS GROUNDS FOR DISCIPLINE, INCLUDING DISCHARGE.

4118.112

4218.112

Notice

(continued)

INDIVIDUALS WHO ENGAGE IN ACTS OF SEXUAL HARASSMENT MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

AN INFRACTION OF THIS POLICY BY SUPERVISORS OR CO-WORKERS SHOULD BE REPORTED IMMEDIATELY TO SEAMUS CULLINAN [TITLE IX COORDINATOR, OR SUPERINTENDENT IF THE TITLE IX COORDINATOR IS THE SUBJECT OF THE COMPLAINT]. CONFIDENTIALITY WILL BE MAINTAINED TO THE EXTENT POSSIBLE.

ANY EMPLOYEE WHO BELIEVES THAT HE OR SHE HAS BEEN HARASSED OR DISCRIMINATED AGAINST IN THE WORKPLACE IN VIOLATION OF THIS POLICY MAY ALSO CONTACT:

THE CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES

HARTFORD REGION OFFICE [REGIONAL OFFICES AND THEIR ADDRESSES CAN BE FOUND ON THE CHRO WEBSITE, HTTP://WWW.STATE.CT.US/CHRO/
450 COLUMBUS BLVD
HARTFORD, CT 06103
860-541-3400

AND/OR:

THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BOSTON AREA OFFICE
475 GOVERNMENT CENTER
BOSTON, MA 02203
PHONE (617) 565-3200
(800) 669-4000

CONNECTICUT LAW REQUIRES THAT A FORMAL WRITTEN COMPLAINT BE FILED WITH THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES WITHIN THREE HUNDRED (300) DAYS OF THE DATE WHEN THE ALLEGED HARASSMENT/DISCRIMINATION OCCURRED.

Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employee in the Workplace/Lactation Accommodation
Policy # 4118.114(a) 4218.114
New: 9/13/2022
Supersedes / Amends:

The Board of Education (Board) recognizes that its diverse workforce is a valuable asset. The Board recognizes pregnancy as a temporary physical condition, unique to pregnant persons, which may affect an employee’s ability to perform all of the usual duties and responsibilities of their position. However, the Board will not assume an employee is unable to continue their regular position functions solely because they are pregnant.

Therefore, the Board recognizes its obligation to provide a reasonable workplace accommodation for a pregnant employee or applicant unless the Board demonstrates that such an accommodation constitutes an undue hardship as defined in this policy.

The Board will not limit, segregate or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy. An employee or person seeking employment shall not be subject to discrimination on the basis of their pregnancy in the terms or conditions of their employment. In addition, the Board will not force a pregnant employee or applicant to accept a reasonable accommodation if such employee does not need one.

The Board will not deny employment opportunities to an employee or person seeking employment if such denial is due to the employee’s request for a reasonable accommodation because of their pregnancy; force an employee or person seeking employment affected by pregnancy to accept a reasonable accommodation if such employee or person seeking employment does not have a known limitation related to their pregnancy, or does not require a reasonable accommodation to perform the essential duties related to their employment.

The Board will not to require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of such leave; nor will the Board retaliate against an employee in the terms, conditions or privileges of their employment based upon such employee’s request for a reasonable accommodation.

Definitions

“Pregnancy” means pregnancy, childbirth or a related condition, including, but not limited to, lactation.

“Reasonable accommodation” means, but shall not be limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk.

P4118.114(b)
4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Pregnant Employees in the Workplace/Lactation Accommodation

Definitions (continued)

“Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.

“Undue hardship” means, in relation to breastfeeding in the workplace, any action that requires significant difficulty or expense when considered in relation to factors such as the size of District operations, financial resources and the nature and structure of District operations.

“Reasonable efforts” means, in relation to breastfeeding in the workplace, any effort that would not impose an undue hardship on the operation of the Board of Education.

Notification Requirements

The District shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth and related conditions, including the right to a reasonable accommodation to the known limitations related to pregnancy to new employees at the commencement of employment; to all existing employees and to any employee who notifies their supervising administrator of their pregnancy within ten days of such notification.

These notification requirements will be fulfilled by displaying a poster in a conspicuous place, accessible to employees, that contains the required information in both English and Spanish. (The Labor Commissioner may adopt regulations, in accordance with Chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice. Such notification will also be made a part of any staff handbook.)

The Board may utilize, as deemed appropriate, any courses of instruction and ongoing public education efforts developed by the Commission on Human Rights and Opportunities to inform employees, employment agencies and persons seeking employment in the District about their rights and responsibilities pertaining to this topic.

P4118.114(c)
4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Pregnant Employees in the Workplace/Lactation Accommodation (continued)

Lactation Accommodation (Nursing Friendly Workplace)

The District recognizes that a normal and important role for nursing employees is to have the option and ability to provide for their children by breast-feeding or expressing milk in the workplace. Any employee may, at their discretion, express breast milk or breastfeed on site at their workplace during their meal or break period. The Board directs the Superintendent or their designee to take measures and develop regulations to ensure that all district employees shall be provided with an adequate and private location for the expression of milk or breast-feeding.

The location for the expression of milk or breast-feeding shall not be a public restroom or toilet stall, and shall be in close proximity to the employee’s work area. The location designated shall be a private space such as, but not limited to, an office space or conference room.

Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.

The District and employee will work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allowed for this activity is not to exceed the normal time allowed for meals and/or breaks.

Employees shall be notified of this policy and a list shall be published of the designated locations throughout the district for the expression of milk or breast-feeding on an annual basis.

(cf. 4000.1 – Title IX)
(cf. 4111.1/4211.1 – Equal Employment Opportunities)
(cf. 4118.11/4218.11 – Nondiscrimination)
(cf. 4118.12/4218.12 – Sexual Harassment)

Legal Reference:         Connecticut General Statutes
31-40w Breastfeeding in the workplace. (as amended by PA 21-27)
4a-60 Nondiscrimination and affirmative action provisions in contracts of the state and political subdivisions rather than municipalities.
10-153 Discrimination on account of marital status.
46a-60 Discriminatory employment practices prohibited. (as amended by P.A. 17-118)
P4118.114(d)
4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation

Legal Reference:         Connecticut General Statutes (continued)
P.A. 17-118 An Act Concerning Pregnant Women in the Workplace.
P.A. 21-27 An Act Concerning Breastfeeding in the Workplace.
Title VII, Civil Rights Act U.S.C. 2000e, et. seq.
Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
29 CFR 1604.11, EEOC Guidelines on Sex Discrimination.
34 CFR Section 106.8(b), OCR Guidelines for Title IX.
Equal Employment Opportunity Commission Guidance on Pregnancy Discrimination and Related Issues. (July 14, 2014)
ADA Amendments Act of 2008, P.L. 110-325.
The Fair Labor Standards Act (FLSA), 29 U.S.C. 207 (as amended by The Patient Protection and Affordable Care Act, P.L. 11-148)
Young v. United Parcel Service, No. 12-1226, 707 F.3d 437, 446, 450 (4th Cir)

Policy adopted:
cps 11/17
rev 7/21

R4118.114(a)
4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Pregnant Employees in the Workplace/Lactation Accommodation

The District will provide a reasonable workplace accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship. The District shall not (1) limit, segregate, or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy or (2) force a pregnant employee or applicant to accept a reasonable accommodation if they do not need one.

“Pregnancy” for purposes of this policy is defined as pregnancy, childbirth, or related conditions, including lactation.

Protections for Pregnant Employees and Applicants

Reasonable Accommodation

The District shall make a reasonable accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship.  An “undue hardship” is defined as an action requiring significant difficulty or expense when considering the accommodation’s nature and cost, the district’s overall financial resources, the district’s size and facilities, and the effect on the district’s operations.

“Reasonable accommodations” include:

1.            being allowed to sit while working,

2.            more frequent or longer breaks,

3.            periodic rest,

4.            assistance with manual labor,

5.            job restructuring,

6.            light duty assignments,

7.            modified work schedules,

8.            temporary transfers to less strenuous or less hazardous work,

9.            time off to recover from childbirth, or

10.        break time and appropriate facilities for expressing breast milk.

By law, the district is required to make reasonable efforts to provide a private room for an employee to express breast milk or breast-feed (CGS §31-40w).

R4118.114(b) 4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Pregnant Employee in the Workplace/Lactation Accommodation (continued)

Additional Protections for Pregnant Employees

The administration of this school district is prohibited, by law, from:

1. limiting, segregating, or classifying an employee in a way that would deprive them of employment opportunities due to their pregnancy;
2. discriminating against an employee or job applicant on the basis of their pregnancy in the terms or conditions of employment;
3. denying employment opportunities to a pregnant employee or applicant because they requested a reasonable accommodation;
4. forcing a pregnant employee or applicant to accept a reasonable accommodation if they does not (a) have a known pregnancy-related limitation or (b) require a reasonable accommodation to perform their job’s essential duties;
5. requiring a pregnant employee to take a leave of absence instead of providing a reasonable accommodation; and
6. retaliating against a pregnant employee based on their request for a reasonable accommodation.

In addition, the District is prohibited by law from:

1. terminating a person’s employment because of their pregnancy, 
2. refusing to grant the employee reasonable leave for disability resulting from the pregnancy, and
3. failing to reinstate the employee to their original job or an equivalent one upon their return (with some limitations).

Employee Notification

Employees shall be provided with written notice of their right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to a reasonable accommodation. Notice must be given to (1) new employees when they start work; (2) existing employees within 120 days of October 1, 2017; and (3) any employee who notifies their employer of their pregnancy, within 10 days of their notification.

A poster shall be displayed in a conspicuous place, accessible to employees, at the workplace with the required information in both English and Spanish.
R4118.114(c)
4218.114

Personnel – Certified/Non-Certified

Sex Discrimination and Sexual Harassment in the Workplace

Pregnant Employees in the Workplace/Lactation Accommodation (continued)

Nursing Employees

Prior to returning to work from maternity leave, it shall be the employee’s responsibility to notify their supervisor of their intent to continue breast-feeding their infant and of their need to express milk during work hours. Further, it shall be the responsibility of the employee to keep their supervisor informed of their needs in this regard throughout the period of lactation.

Connecticut law requires that reasonable efforts must be made to provide a private room for an employee to express milk or breast-feed. The location shall not be a public restroom or toilet stall and should be in close proximity to work areas, where the employee can breast-feed their child or express milk in privacy. The designated location shall be a private space such as an office space, conference room, classroom or staff room.

Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.

In selecting an appropriate location, the advice of a school nurse or health professional shall be used in determining the most reasonable facility accommodation. The location should be an accessible, private room with a lock that would allow an employee to:

1. breastfeed a child brought in during a lunch or other break period; or
2. pump breast milk to be stored for later use.

The following accommodations shall be available:

1. A door with a lock for privacy.
2. A location where the intrusion from coworkers, students and the public can be prevented and one where an employee using this area can be shielded from view, including, if need be, the use of a separating, privacy curtain or partition.
3. An electrical outlet for electric pumps.
4. A sign-up sheet and a sign posting the room as “private during use”.
5. A flexible work schedule in consideration of the staff member’s responsibility.

The school administrator and staff member are to work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allotted for this activity is not to exceed the normal time allowed for lunch and/or breaks.

Regulation approved:
cps 11/17
rev 7/21

Board of Education Policy Regarding: 
Personnel / Certified / Non-Certified Students 
Face Masks/Coverings
Policy # 4118.237(a)
New: 10/13/2020
Supersedes / Amends:  

Personnel / Certified / Non-Certified Students 
Face Masks/Coverings
This policy pertains to students, faculty, staff, and visitors. It has been developed to fulfill the guiding principles contained in the Framework for Connecticut Schools, specifically to safeguard the health and safety of students and staff and to allow all students the opportunity to return into classrooms full time.

The Board of Education (Board) is implementing this masking requirement to promote the safest possible learning, teaching and work environment for students, faculty, staff and visitors during the COVID-19 pandemic. The first priority of the Board is the health and well-being of students and staff as the District prepares for and implements the safe reopening of schools.

The Center for Disease Control (CDC) and the Connecticut Department of Health (DPH) and the Connecticut State Department of Education, as outlined in Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together requires the wearing of face coverings for all students and staff when they are inside school buildings and while riding school transportation vehicles, with certain exceptions.  

Definitions
Face covering/mask/gaiter – a cloth, paper, or disposable face covering that covers the nose and mouth. It may or may not be medical grade. (Evidence shows that the proper wearing of facial masks or coverings helps stop the spread of the virus, which is currently by droplets when an individual coughs, sneezes or talks.)

Face shield – a clear, plastic shield that covers the forehead, extends below the chin and wraps around the sides of the face, protecting the eyes, nose and mouth from contamination from respiratory droplets, along with masks or respirators. 

Clear plastic barrier – a clear plastic or solid surface that can be cleaned and sanitized often. 

Transportation
Student passengers are required to wear a face mask or cloth face covering that completely covers the nose and mouth during transit. The student’s face covering must be in place prior to boarding the bus, van or other vehicles and must be kept in place until they are completely off the bus or van. The Board shall provide back-up masks if students do not have face coverings when boarding a school bus or van. The face mask or cloth face covering is also applicable to the drivers of the vehicle.
The Board may consider the option of assigning a temporary monitor on student transportation at the beginning of the school year to facilitate compliance with this new face mask protocol.
 
P4118.237(b)
4218.237
5141.8
Personnel    Certified/Non-Certified

Students - Face Masks/Coverings (continued)

School Buildings and Grounds

All students, staff, and visitors are required to use face coverings that completely covers the nose and mouth, when they are inside the school building or on school grounds, even when social distancing is maintained. An individual shall be excused from this requirement for the following listed reasons, per CDC guidance.

The individual:
1.    has trouble breathing; 
2.    is unconscious;
3.    is incapacitated; or
4.    cannot remove the mask or face covering without assistance.
In addition, masks or face coverings shall not be required for anyone who has a medical reason making it unsafe to wear a face mask or face covering. A written notification from a licensed medical provider, the Department of Developmental Services or other state agency that provides or supports services for people with emotional, intellectual or physical disabilities, or a person authorized by any such agency is required in order for the Board to permit a medical exemption. Such documentation need not name or describe the condition that qualifies the person for the exemption.

Parents/guardians may not excuse their child from this face mask requirement, by signing a waiver, because such wearing is a mandated requirement that the Office of the Governor, the Connecticut State Department of Education, and/or the Connecticut State Department of Public Health have defined as necessary for school districts to comply with in order to open schools from the COVID-19 caused closure.

In addition to the wearing of face masks, the District will maximize social distancing between student’s workstations and desks, achieving six feet when feasible. Space between the teacher and students is to be maximized to reduce the risk of increased droplets from teachers during instruction. A teacher is permitted to remove a face covering or mask during instruction. If the teacher removes the face covering or mask during instruction, spacing shall be increased beyond six feet. A teacher who remains seated during instruction requires the use of a physical barrier. 

Transparent (clear) masks should be considered as an option for teachers and students in classes for deaf and hard of hearing students. Pre-K and special education teachers should consider wearing clear masks.
 
P4118.237(c)
4218.237
5141.8
Personnel    Certified/Non-Certified

Students - Face Masks/Coverings 

School Buildings and Grounds (continued)

Face shields may be an option for those students with medical, behavioral or other challenges who are unable to wear face masks or coverings. The Board recognizes that face shields are not as effective for source control and should be used only when other methods are not available or appropriate. Therefore, the use of face shields for those with medical conditions is done with the understanding of their limitations and a heightened need for strict adherence to social distancing. 

The Board shall provide to any student, staff member or visitor a face mask if such individual does not have one. Training shall be provided as necessary regarding the proper use of face coverings. Information shall be provided to staff, students and students’ families regarding the proper use, removal and washing of cloth face coverings.

Limited Exceptions to Use of Face Coverings

When other and appropriate mitigating practices are in place, such as social distancing, students will not be required to wear face masks or coverings while eating, drinking, during physical education classes, or when students are outside and effectively practicing social distancing and any other possible mitigants. Exceptions may also be necessary for certain special education students or other special populations.

Teachers and staff may be excused from wearing a face mask or covering while teaching provided they are properly socially distancing or remaining static behind a physical barrier. Face shields may be useful in situations where it is important for students to see how a teacher pronounces words (e.g. English Learners, early childhood, foreign language, etc.) and social distancing is maintained. However, face shields alone are not a sufficient alternate to the wearing of face mask for source control.

Mask Breaks 

Breaks from wearing masks shall be scheduled throughout the school day, by the teacher, provided that strict social distancing requirements are maintained and limitations are enforced regarding student and staff mobility. 

During time of eating, face masks or coverings may be removed. Masks are required in all dining areas while entering and leaving or getting food and drinks.  They may be removed at appropriately socially distanced tables in order to eat but must be replaced after eating. 

A recess period may be used as a break from wearing masks when no more than one class is outside at a time and social distancing requirements are maintained to the greatest degree feasible.

P4118.237(d)
4218.237
5141.8
Personnel    Certified/Non-Certified
Students - Face Masks/Coverings (continued)

Violations of this Policy
Violations of this policy, whether by students or staff, shall be handled in the same manner as other violations of applicable Board policy.

If a student refuses to wear a face mask or covering and does not fulfill any of the exemptions allowed by this policy, such student shall be sent to the school’s isolation room. The parent/guardian shall be contacted to rectify the situation, school personnel to explain the options available regarding schooling and for the possible removal of the child from the school setting.

If a visitor refuses to wear a face covering, for non-medical reasons, entry to the school/district facility may be denied.

Teachers or schools may provide incentives for compliance with the face mask requirement.

Community Outreach
The District shall engage in community education programs including signage, mass and targeted communication, and positive reinforcement that will actively promote mask use consistent with CDC, DDH, CSDE and OSHA guidance. Community members will be reminded that mask use does not replace the need for social distancing, washing of hands and other preventative practices recommended by all appropriate authorities.

Other Considerations
•    The District shall maintain in each school a supply of disposable face coverings in the event that a staff member, student or visitor does not have one for use.
•    Special attention must be given to putting on and removing face coverings for purposes such as eating. After use, the front of the face covering is considered contaminated and should not be touched during removal or replacement. Hand hygiene should be performed immediately after removing and after replacing the face covering.
•    When medically appropriate, nurses shall substitute use of metered dose inhalers and spacers for students with respiratory issues.
•    Face shields with face masks may be used by staff who support students with special healthcare needs such as those who are unable to wear masks and who may need assistance with activities of daily living, such as toileting and eating.
•    Mask use will not be required by employees when they are alone in private offices. However, they are required to mask when anyone enters a private office space and required to wear a mask if their office space is physically shared with others and does not allow for 6 feet of physical distancing or if the work area is frequented by others (such as a reception area).

P4118.237(e)
4218.237
5141.8

Personnel    Certified/Non-Certified
Students - Face Masks/Coverings 

Other Considerations (continued)

Until further notice the Board will require the wearing of masks as prescribed in this policy.  The Board reserves the right to interpret the provisions of this policy and to modify any or all matters contained in this policy at any time, subject to applicable law.

(cf. 5141.22 – Communicable/Infectious Diseases)
(cf. 5141.6 – Crisis Management Plan)
(cf. 6114 – Emergencies and Disaster Preparedness)
(cf. 6114.6 – Emergency Closings)
(cf. 6114.8 – Pandemic/Epidemic Emergencies)
(cf. 6114.81 – Emergency Suspension of Policy During Pandemic)

Legal Reference:    Connecticut General Statutes
            10-154a Professional communications between teacher or nurse and student.
                10-207 Duties of medical advisors.
            10-221 Boards of education to prescribe rules.
                19a-221 Quarantine of certain persons.
    52-557b Immunity from liability for emergency medical assistance, first aid or medication by injection.  School personnel not required to administer or render.
    CT. Executive Order 7NNN, August 14, 2020
    The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.
                Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together
                Connecticut LEA School Reopening Template
                CDC Considerations for Schools 
                CDC Symptoms of Coronavirus  
                CDC Quarantine & Isolation
                CDC Use of Cloth Face Coverings to Help Slow the Spread of COVID-19 
                CDC Interim Guidance for Administrators of US K-12 Schools and Child Care Programs 
                CDC Schools Decision Tree for Schools Reopening 

WINCHESTER BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding: 
Personnel / Certified / Non-Certified Students/Staff
Self-Quarantine Policy/Regional Travel Advisory 
Policy # 4118.238(a)
New:  10/13/2020 
Supersedes / Amends:

Personnel / Certified / Non-Certified Students/Staff
Self-Quarantine Policy/Regional Travel Advisory

Out of an abundance of caution, the Board of Education (Board) asks District students, faculty, staff and visitors, who are traveling or who have traveled to an area impacted by Connecticut’s travel advisory, as detailed in this policy, or whose household members are returning from those areas, even if asymptomatic, not to return to or to visit any District school or campus until a period of self-quarantine has elapsed. 

The Board recognizes and supports the travel advisory in effect in Connecticut pursuant to Governor Lamont’s Executive Order 7BBB, effective June 25, 2020, and revised by Executive Order 7III and the Department of Public Health’s implementing order on such travel advisory. The advisory is to be communicated by the Department of Public Health (DPH) widely at all major points of entry into Connecticut, including on highway message boards and in Connecticut airports.  

Travelers and Connecticut Residents Affected

The travel advisory affects the following individuals:

1.    Anyone traveling into Connecticut from an affected state that has either (a) a new daily COVID-19 positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or (b) a 10% or higher test positivity rate over a 7-day rolling average. All affected travelers shall self-quarantine for a 14-day period from the time of last contact with such affected State, for any portion of such fourteen-day period they spend in Connecticut, or for the duration of such affected travelers’ stay in Connecticut, whichever is shorter.

2.    This travel advisory also applies to Connecticut residents who are returning from a visit to the impacted states. 

3.    An Affected Traveler unable to self-quarantine for the required 14-day period should consider a testing alternative. Such tested travelers should have a negative test for COVID-19 in the 72 hours prior to arrival in Connecticut and provide written proof to the Commissioner of Public Health.

If a test was obtained in the 72 hours prior to travel but the result is still pending at the time of arrival in Connecticut, such affected traveler should remain in self-quarantine in Connecticut until the test result is received and the written results are submitted to the Commissioner of Public Health. 
 
P4118.238(b)
4218.238
5141.81

Personnel    Certified/Non-Certified
Students/Staff  
Self-Quarantine Policy/Regional Travel Advisory

Travelers and Connecticut Residents Affected (continued)

Travelers who test positive for COVID-19 prior to traveling to Connecticut should delay such travel and consult with a medical professional. 

4.    Affected travelers and Connecticut residents returning from impacted states should self-quarantine at their home, at a hotel or other temporary lodging. 

5.    Individual passing through impacted states for a limited duration through the course of travel are not subject to this advisory. 

a.    Examples of such brief passage include, but are not limited to, stopping at rest stops for vehicles, or layovers for air travel, bus travel or train travel.
b.    Impacted states currently include, but are not limited to, Alabama, Arkansas, Arizona, California, Florida, Delaware, Florida, Georgia, Iowa, Idaho, Kansas, Louisiana, Mississippi, North Carolina, Nevada, Oklahoma, South Carolina, Tennessee, Texas, and Utah. 
c.    This list is fluid and will be updated on a weekly basis as the situation develops across the country on the Connecticut Travel Advisory webpage of Connecticut’s COVID-19 Response website.
d.    Workers traveling from affected States to Connecticut who work in critical infrastructure, designated by the Cybersecurity and Infrastructure Security Agency, including students in exempt health care professions, are exempted from this travel advisory when such travel is related to their work in Connecticut. This includes any state, local, and federal officials and employees traveling in their official capacities on government business. If such work was in an Affected State other than Connecticut-related work (e.g. vacation) such worker shall self-quarantine and complete the required Travel Health form.
i.    The Board further recognizes that the Commissioner of Public Health may issue additional protocols for other extraordinary circumstances or when a self-quarantine is not possible, provided such measures continue to safeguard the public health. 
ii.    Such criteria and protocols will be coordinated with New York and New Jersey in order to ensure that the tri-state area is protected from community transmission of COVID-19, while permitting free travel between and among the states.
 
P4118.238(c)
4218.238
5141.81
Personnel    Certified/Non-Certified
Students/Staff  
Self-Quarantine Policy/Regional Travel Advisory

6.    All affected travelers, prior to or upon arrival in Connecticut, shall complete a Travel Health Form, developed by the Commissioner of Public Health. Such form shall be submitted electronically at ct.gov/travelform or to any location or person designated by the Commissioner of Public Health.

7.    In compliance with Governor Lamont’s Executive Order 7III, a civil penalty may be imposed for the violation of these quarantine requirements.

Definitions

Affected Traveler means a person who has spent twenty-four hours or longer in an affected state within fourteen days prior to arriving in Connecticut, but does not include an individual remaining in Connecticut for less than twenty-four hours.

Quarantine is used to keep someone who might have been exposed to COVID-19 away from others. Quarantine helps prevent spread of disease that can occur before a person knows they are sick or if they are infected with the virus without feeling symptoms. Those in quarantine should stay home, separate themselves from others, and monitor their health.

Self-Quarantine is an agreement to remain at home or current lodging site and not go to school or work or visit a school campus, limit one’s movements outside and monitor one’s health for 14 days after returning from travel to a state impacted by Connecticut’s travel advisory. A self-quarantined individual agrees to isolate oneself from others to limit any potential of transmission of the virus, even if symptoms of the virus were not experienced at the end of the travel period.

Implementation Protocol

1.    In order to protect health and safety and limit the spread of COVID-19, the Board expects/urges travelers from affected states to carefully follow Connecticut’s Travel Advisory.  It is the individual’s decision to abide by the advisory.
2.    This travel advisory applies to all travelers whose travel originates from the impacted states, and also applies to Connecticut residents who are returning from a visit to the impacted states.
3.    The advisory requires visitors to Connecticut from the affected states to quarantine and self-monitor for 14 days. Those travelers coming to Connecticut for shorter stays can quarantine and self-monitor for less than that if their stay is shorter.
4.    Parents/guardians of students who have traveled to or are planning such travel to an area impacted by this travel advisory are asked to self-report, via email to the COVID-19 Liaison, melony.brady-shanley@winchesterschools.org. Children meeting the travel advisory criteria should be kept home in quarantine by their parents, guardians.
 
P4118.238(d)
4218.238
5141.81
Personnel    Certified/Non-Certified
Students  
Self-Quarantine Policy/Regional Travel Advisory

Implementation Protocol (continued)

5.    Parents/guardians are expected to follow these guidelines and to notify authorities if these situations described in this policy are applicable to them or their children. 
6.    All employees of Winchester Public Schools should not travel to states listed on the “Regional Travel Advisory List.” If an employee must travel to a state on the list, they must report this via email to melony.brady-shanley@winchesterschools.org at least 24-hours in advance of leaving and returning.  
7.    Staff members/employees are expected to voluntarily follow these guidelines and to notify appropriate school authorities if the situations described in this policy are applicable to them necessitating quarantine or testing, as applicable and should not enter the school campus or any district facility until such quarantine is completed or appropriate test results are provided.
8.    Connecticut, New York, and New Jersey are asking hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.
9.    The quarantine does not apply to travelers who just have a layover in an affected state.
10.    Out-of-state visitors from affected states are encouraged to postpone travel. If not possible to delay travel, individuals are encouraged to self-quarantine in the home they are returning to in Connecticut. If not possible to self-quarantine from other household members, those other household members who did not travel from an impacted state are not required to self-quarantine
11.    Travelers from the affected states may enter Connecticut if they have had a negative viral test (not an antibody test) for COVID-19 in the 72 hours prior to travel.
12.    Due to the risk of contracting infection, and because of the need to self-quarantine on return, Connecticut residents are urged to avoid travel to the affected states whenever possible.
13.    Students needing to self-quarantine based on this policy shall explore with appropriate school personnel the possibility of participating in a remote/distance learning instructional format.
Communication of Policy

1.    This policy shall be posted on the District website and on all school websites.
 
P4118.238(e)
4218.238 
5141.81

Personnel    Certified/Non-Certified
Students
Self-Quarantine Policy/Regional Travel Advisory

Communication of Policy (continued)

2.    This policy shall be brought to the attention of parents via: (those applicable to district)
•    Notification by e-mail
•    Listing in material distributed to parents/guardians
3.    This policy shall be made available to the local health department.
4.    At the time of initial enrollment of a student, parents/guardians will be asked if any of the conditions described in this policy are applicable.
5.    A copy of this policy will be emailed to all district employees, with a confirmation email required.
6.    Visitors to any school building, prior to entry, shall be asked whether the conditions of this travel advisory are applicable.

Source of information: 
https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Travel-In-or-Out-of-CT.

Self-Quarantine Protocol (also see Appendix with CDC guidelines)
1.    Stay at home with immediate family as much as possible, except to get medical care.
2.    Do not return to school or work or participate in any campus activities.
3.    Do not go out for social events, gatherings.
4.    Do not have social gatherings in your own home.
5.    Separate yourself from other people or animals in your home.
6.    If the need exists to go out of the house for medical appointments or groceries for example, follow social distancing (6ft) and wear a face covering.
7.    Wash and sanitize hands frequently throughout the day.
8.    Avoid sharing personal household items.
9.    If traveling through an airport train or bus station, wear a face covering at all times and use extra sanitizing precautions (wipe down seats, seatbelts, tray tables, etc.).
10.    When traveling by car and stopping at public rest areas, wear a face covering and use extra sanitizing precautions.

The Board reserves the right to interpret the provisions of this policy and to modify any or all matters contained in this policy at any time, subject to applicable law and information from the local, state and federal health authorities, the Governor, and the Connecticut Office of Early Childhood.
 
P4118.238(f)
4218.238 
5141.81
Personnel    Certified/Non-Certified
Students
Self-Quarantine Policy/Regional Travel Advisory

Self-Quarantine Protocol (also see Appendix with CDC guidelines) (continued)

This policy shall be in effect to coincide with the travel advisory or until Executive Order 7BBB, as amended by Executive Order 7III, expires.

(cf. 5141.22 – Communicable/Infectious Diseases)
(cf. 5141.8/4118.237/4218.237 – Face Masks)
(cf. 5141.6 – Crisis Management Plan)
(cf. 6114 – Emergencies and Disaster Preparedness)
(cf. 6114.6 – Emergency Closings)
(cf. 6114.8 – Pandemic/Epidemic Emergencies)
(cf. 6114.81 – Emergency Suspension of Policy During Pandemic)

Legal Reference:    Connecticut General Statutes
    10-154a Professional communications between teacher or nurse and student.
                10-207 Duties of medical advisors.
            10-221 Boards of education to prescribe rules.
                19a-221 Quarantine of certain persons.
                19a-131a Definitions
                Executive Order No. 7BBB – Tri State Travel Advisory
                Executive Order No. 7III – Mandatory Self-Quarantine of Travelers
    Coronavirus Memo #26 “Child Care Guidance Regarding State of Connecticut Travel Advisories” by Beth Bye, Commissioner
                    The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.
    Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together
    Connecticut LEA School Reopening Template
    CDC Considerations for Schools 
    CDC Symptoms of Coronavirus  
    CDC Quarantine & Isolation
    CDC Use of Cloth Face Coverings to Help Slow the Spread of COVID-19 
    CDC Interim Guidance for Administrators of US K-12 Schools and Child Care Programs 
    CDC Schools Decision Tree for Schools Reopening 
    

 
4118.238/
4218.238 
5141.81
Appendix

Self-Quarantine Guidelines

•    Stay home or at place of lodging except to get medical care. Do not go to work, school or public areas. Avoid using public transportation, ride-sharing or taxis. Call ahead before visiting your doctor. If you have a medical appointment, call the healthcare provider and tell them that you have or may have COVID-19.

•    Monitor your symptoms. Seek prompt medical attention if your illness is worsening. Before seeking care, call your healthcare provider and tell them that you have, or are being evaluated for, COVID-19. Put on a facemask before you enter the facility.

•    If you have a medical emergency and need to call 911, notify the dispatch personnel that you have, or are being evaluated for COVID-19. If possible, put on a facemask before emergency medical services arrive.

•    Separate yourself from other people and pets in your home. As much as possible, you should stay in a specific room and away from other people in your home. Also, you should use a separate bathroom, if available.  You should restrict contact with pets. If you must care for your pet while sick, wash your hands before and after you interact with pets and wear a facemask.

•    Prohibit visitors who do not have an essential need to be in the home.

•    Wear a facemask. You should wear a facemask when around other people or pets. If you are unable to wear a facemask, people who live with you should not stay in the same room or they should wear a facemask if they enter your room. Throw out disposable facemasks and gloves after using them. Do not reuse them.

•    Cover your coughs and sneezes. Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can. Immediately wash your hands with soap and water for at least 20 seconds.

•    Wash your hands often. Wash your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing; going to the bathroom; and before eating or preparing food.

•    Avoid touching your eyes, nose and mouth with unwashed hands.

•    Avoid sharing personal household items. You should not share dishes, drinking cups, utensils, towels, or bedding with other people or pets in your home. After using these items, they should be washed thoroughly with soap and water.

 
4118.238/
4218.238 
5141.81
Appendix
(continued)

Self-Quarantine Guidelines

•    Clean all “high-touch” surfaces every day. High touch surfaces include counters, tabletops, doorknobs, bathroom fixtures, toilets, keyboards, tablets, and bedside tables. Also, clean any surfaces that may have body fluids on them. Use a household cleaning spray or wipe, according to the label instructions. Wear gloves and make sure you have good ventilation during the use of the product.

•    Immediately remove and wash clothes or bedding that have body fluids on them. Wear disposable gloves while handling soiled items.

The decision to discontinue self-quarantine or home isolation precautions should be made on a case-by-case basis, in consultation with health care providers and state and local health departments.

Information from CDC
7/2020

Board of Education Policy Regarding
Personnel-Certified/Non-Certified
Required COVID-19 Vaccinations
Policy # 4118.239(a), 4218.239
New:  11/9/2021
Supersedes / Amends:

The Board of Education (BOARD) recognizes the importance of protecting the health and safety of students, staff, and the community during the COVID-19 pandemic. Therefore, in accordance with the Governor’s Executive Order 13D, the Board requires that all staff within District schools, as defined by this policy, are required to receive at least one dose of a COVID-19 vaccine by September 27, 2021. Those not vaccinated by such date due to certain exemptions are required to be tested for COVID-19 on a weekly basis.

Definitions

For purposes of this policy, the following definitions shall apply:

“Fully vaccinated” means at least 14 days have elapsed since a person has received the final dose of a vaccine approved for use against COVID-19 by the U.S. Food and Drug Administration, or as otherwise defined by the Centers for Disease Control.

“School Board” refers to the operator of any public or non-public preK through grade 12 school.

“Contract Worker” means any person who provides service to the school board, but is not employed by the Board and is not a volunteer.

“Covered Worker” refers to all employees, both full and part-time, contractors, providers, assistants, substitutes, and other individuals working in a public or non-public pre-K to grade 12 school including individuals providing operational or custodial services or administrative support or any person whose job duties require them to make regular or frequent visits to any such schools.

Covered Worker does not include a contractor or employee of an outside vendor who visits a public or non-public pre-K through grade 12 school only to provide one-time or limited-duration repairs, services, or construction, or a volunteer.

“Contractor” refers to any person or business entity, including a vendor of support services or subcontractor, that provides the personnel who function as contract workers, state employees, state hospital employees, or covered workers to a covered state agency, school board, or child care facility.

COVID-19 Vaccination Requirements

Vaccines shall be required as provided below.

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

COVID-19 Vaccination Requirements (continued)

On and after September 27, 2021, school boards (the Board) shall, prior to extending an offer of employment to, or entering into a contract for the in-person services of, a covered worker or an entity that employs a covered worker, require that any covered worker:

1.        is fully vaccinated against COVID-19,

2.        has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine,

3.        is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the covered worker objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the school board or child care facility; provided that any covered worker claiming such exemption shall apply for an exemption on the basis of medical conditions or sincerely held religious or spiritual beliefs.

Each request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.

4.        A covered worker who is hired before September 27, 2021 may, as an alternative to vaccination, and regardless of whether such worker has a medical or religious exemption, comply with the testing requirements contained within this policy.

On and after September 27, 2021, the Board shall not employ, or maintain a contract for the provision of in-person services of, any covered worker or an entity that employs a covered worker, unless such covered worker:

1.        is fully vaccinated against COVID-19,

2.        has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine, or

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

COVID-19 Vaccination Requirements (continued)

3.        is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the individual objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the school board or child care facility; provided that any school board or childcare facility employee claiming such exemption shall apply for an exemption due to medical conditions or sincerely held religious or spiritual beliefs.

Each request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.

4.        A covered worker who is hired before September 27, 2021 may, as an alternative to vaccination, and regardless of whether such worker has a medical or religious exemption, comply with the testing requirements contained within this policy.

On and after September 27, 2021, the Board will not employ, or contract for the provision of services from, any covered worker or entity that employs a covered worker subject to the conditions above and is not exempt who has received the first dose of a two-dose series vaccination but fails to receive the second dose on the appropriate date as recommended by CDC or at the scheduled appointment without good cause.

Vaccination Verification and Testing for Covered Workers

The school board shall authenticate, or where applicable require that the contractor providing the services of a covered worker authenticate, the vaccination status of covered workers, maintain documentation of vaccination or exemption of such covered workers and report compliance with this order, in a form and manner directed by the Department of Public Health.

Through this policy, or where applicable the Board direction to a contractor of a covered worker to implement a policy, covered workers who have not demonstrated proof of either full vaccination are required to submit to COVID-19 testing one time per week on an ongoing basis until fully vaccinated. Adequate proof of the test results on a weekly basis shall be presented to the school board. This requirement shall take effect on September 27, 2021.

Personnel - Certified/Non-Certified Required COVID-19 Vaccinations (continued) Acceptable Proof of Vaccination

Covered workers may demonstrate proof of vaccination by providing one of the following:

1.        CDC COVID-19 Vaccination Record Card or photo of the Vaccination Record Card;

2.        Documentation from a health care provider or electronic health care records;

3.        State Immunization Information record; or

4.        Other documentation prescribed by the Commissioner of Public Health.

Personal attestation will not be accepted as an acceptable form of proof of a COVID-19 vaccination. (The Commissioner of Public Health may promulgate binding standards for authentication of a Vaccination Record Card.)

Violations and Enforcement

Any covered worker who fails to comply with this policy shall not be allowed on the premises of the school board until the individual provides adequate proof of compliance or without prior written authorization of the school board.

The school board recognizes that it will be in violation of this policy, based on the Governor’s Executive Order, when it permits a covered worker who has not complied with this policy to be in a pre-K through grade 12 school, to make regular or frequent visits to any such school facility, or to have regular or frequent contact with children in child care, students, or staff.

The school board also commits a violation if it fails to authenticate the vaccination status of a covered worker or contract worker, maintain documentation of vaccination, testing, or allowable exemptions as required.

The Board recognizes that if the State Department of Education (SDE) determines that the Board is not in compliance with the requirements of this policy, the SDE may require Board to forfeit a portion of the total sum which is paid to the school board from the State Treasury in an amount to be determined by the Commissioner of Education, which amount shall be not less than one thousand dollars nor more than ten thousand dollars.

Any forfeited amount shall be withheld from a grant payment, as determined by the Commissioner, during the fiscal year following the fiscal year in which noncompliance is determined. (The Commissioner of Education may waive such forfeiture if the Commissioner determines that the failure of a school board to comply with such a provision was due to circumstances beyond its control.)

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

Legal Reference          Connecticut General Statutes

10-145      Certificate     necessary      to     employment.      Forfeiture     for noncompliance. Substitute teachers.

Governor’s Executive Order No. 13D, August 19, 2021 Governor’s Executive Order No. 13G, September 10, 2021

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

(Implementation Guidance for Executive Order 13G: Vaccination Mandate for Individuals Working for State Facilities, State Hospitals, Public and Non-Public Pre K–12 Schools, and Child Care Facilities Updated September 17, 2021)

This administrative regulation sets forth the form and manner in which individuals subject to the Executive Order 13D &13G must prove and authenticate their vaccination status or request an exemption from the mandate and includes the requirements for proving compliance with the related testing mandate if the individual is working under an approved exemption. It is based upon the Connecticut Department of Public Health’s “Implementation guidance for Executive Order 13G,” and is subject to any future modification made to such document.

I.                    Proving and Authenticating Vaccination Status for Individuals Subject to the Order

A.                 Proof of Vaccination

Individuals may prove their COVID-19 vaccination status by providing to school board, or other designee a copy of any one of the following categories of documentation plus a signed declaration of authenticity:

1.                    A valid CDC Vaccination Card.

The CDC Vaccination Card must contain the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered; or

2.                    A record from the individual’s vaccine provider indicating the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered (“Provider Vaccination Record”): or

3.                    A certificate from the Vaccine Administration Management System (“VAMS”), if the individual received vaccination through the VAMS system (“VAMS Certificate”). The VAMS Certificate must contain the name and date of birth of the individual, the manufacturer of the COVID- 19 vaccine that was administered, and the date(s) on which the vaccine was administered; or

4.                    A copy of the individual’s official immunization record from the Connecticut Immunization Information System, CT WiZ. Valid CT WiZ immunization records contain the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered. Individuals may download a copy               of             their           record              by                visiting https://portal.ct.gov/DPH/Immunizations/CT-WiZ-Access-My- ImmunizationRecord

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

I.                    Proving and Authenticating Vaccination Status for Individuals Subject to the Order

(continued)

B.                  Declaration of Authenticity of Vaccination Record

Individuals shall complete and sign a declaration as to the authenticity of their proof of vaccination. Proof of vaccination will not be deemed valid unless accompanied by the individual’s signed declaration.

A sample declaration form is included in Appendix A.

II.                 Exemptions and Testing Requirements

A.                 Medical Exemptions

Individuals who cannot receive COVID-19 vaccination because the administration of COVID-19 vaccine is likely to be detrimental to the individual’s health must request an exemption from the Executive Order. Medical exemption forms must be signed by the individual’s physician (MD or DO), physician’s assistant (PA), or advance practice nurse practitioner (APRN). Covered Workers may use the medical exemption request form, Appendix B, provided by their school.

B.                  Religious or Spiritual Exemptions

Individuals who object to vaccination on the basis of a sincerely held religious or spiritual belief may request an exemption from the Executive Order.

Covered Workers may use the religious or spiritual exemption request form provided by the school board (Appendix C).

C.                 Testing Requirements

Covered workers in PreK-12 schools and child care facilities who are not “fully vaccinated” (as defined by the Executive Order) by September 27, 2021 must test for SARS-CoV-2 (the virus that causes COVID-19) at least weekly (i.e., at least one test every 7 days) unless they can provide documented proof that they have tested positive for, or been diagnosed with, COVID-19 infection in the prior 90 days (Appendix D).

To comply with the testing requirement, testing must be either PCR or antigen SARS-CoV-2 tests and must be administered and reported by a state licensed clinical laboratory, pharmacy-based testing provider, or other healthcare provider facility with a current Clinical Laboratory Improvement Amendments (CLIA) waiver.

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

II.                 Exemptions and Testing Requirements (continued)

C. Testing Requirements (continued)

Only test results submitted to the school board can within 72 hours of the test administration date will be deemed compliant with the testing requirement. Test result reports should include the name and location of the testing laboratory or provider facility performing the test, the name of the person tested, the date the sample was collected, and the test result. Home-based testing and results obtained outside of a facility of the type indicated above are not considered adequate proof of a SARS-CoV-2 test for the purposes of complying with the Executive Order.

III.               Document Submissions

A.                Vaccine and Exemption Documents

Covered workers should follow the District’s established process. The required documentation must be submitted in a timely and secure manner. These processes may be developed, implemented, and maintained either on-site through facility staff, or through an authorized third party.

B.                  Testing Documents

Covered workers should follow the District’s established process to submit required documentation in a timely and secure manner. These processes may be developed, implemented, and maintained either on-site through facility staff, or through an authorized third party. Individuals in PreK-12 schools or childcare facilities should inquire with their employer about the appropriate process for submitting adequate proof of SARS-CoV-2 test results on a weekly basis. Processing delays with vaccine providers, VAMS, web-based applications, laboratories, medical providers, or state agencies will not excuse compliance with the Executive Order.

Covered workers who wish to request a temporary waiver from SARS-CoV-2 testing on the basis of having had COVID-19 within the prior 90 days must submit a copy of the Temporary Waiver request (Appendix D), completed and signed by their healthcare provider, using the submission format and process designated by their facility for submitting test results.

Any individual granted a temporary waiver from SARS-CoV-2 must return to regular weekly testing after the expiration date indicated on the waiver form if they are not fully vaccinated by that date.

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

III.               Document Submissions (continued)

C.                 No Extensions

The Executive Order requires the submission of the appropriate vaccination documentation, requests for exemptions, and/or test results by the September 27, 2021 deadline. Individuals subject to this Executive Order are solely responsible for gathering and submitting all required documentation in advance of the established deadline in order to ensure that they are in compliance on and after September 27, 2021.

Processing delays with vaccine or healthcare providers, VAMS, web-based applications, or state agencies will not excuse compliance with the Executive Order.

IV.               Maintaining Documentation to Demonstrate Compliance with the Order

A.                 Required Documents

The District will maintain either in paper or electronic format, the following information for all covered workers who are subject to the Executive Order. Such information shall be either physically on-site or maintained by an authorized third party, shall be kept current, and shall be made available to appropriate State regulatory agencies upon request. The District need not maintain similar documentation for contract workers, but must require contractors to positively affirm that contract workers and their Contractors are in compliance with the provisions of the Executive Order prior to granting those workers access to their facilities.

Contractors shall also maintain either in paper or electronic format, the following information for their contract workers.

Required documents include:

1.                    A master roster of all individuals subject to the Executive Order (including employees, contract workers, and others) and including each individual’s status as:

a.                   fully vaccinated, or

b.                  having received their first dose of a two-dose COVID-19 vaccine prior to September 27, 2021 and the scheduled date of their second dose appointment that conforms to current Advisory Committee on Immunization Practices (ACIP) recommendations for COVID-19 vaccine dosing schedules, or

c.                   granted an exemption from vaccination on the basis of a medical condition or firmly held religious or spiritual belief.

d.                  having chosen to submit to weekly testing in lieu of being fully vaccinated for COVID-19.

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

IV.               Maintaining Documentation to Demonstrate Compliance with the Order (continued)

A.                 Required Documents (continued)

2.                    A COVID-19 vaccination record for each fully or partially vaccinated individual, as well as a completed and signed declaration of authenticity of any vaccination record for individuals who have submitted a copy of a vaccination record as proof of vaccination.

3.                    A completed, signed, and approved medical exemption or religious/spiritual exemption form for each individual who has not been fully or partially vaccinated and has been granted an exemption.

4.                    Documented adequate proof of the results of a weekly test for SARS- CoV-2 for each individual who is not fully vaccinated and has not had a documented COVID-19 infection within the prior 90 days.

5.                    A completed and appropriately provider certified request for a temporary waiver from weekly SARS-CoV-2 testing for individuals with a documented COVID-19 infection within the prior 90 days.

B.                  Exemption Forms

Templates for medical and religious/spiritual exemption forms are included in Appendix B (medical) and Appendix C (religious/spiritual). Medical exemption forms must be signed by the physician (MD or DO), physician’s assistant (PA), or nurse practitioner (APRN) from whom the individual is currently receiving care.

As outlined in the Executive Order covered workers may voluntarily opt for weekly testing for SARS-CoV-2 rather than receiving vaccination for COVID-19. Individuals opting for weekly testing in lieu of vaccination will be required to submit at least one negative SARS-CoV-2 test result every 7 days and comply with all other provisions of the Executive Order in order to retain access to on-site work.

C.                 Testing Documentation: Adequate Proof of Weekly Negative SARS-CoV-2 Test Results.

Covered workers who are not fully vaccinated by September 27, 2021, and who cannot provide documented proof that they have tested positive for, or been diagnosed with, COVID-19 infection in the prior 90 days, are required to test for SARS-CoV-2 weekly (i.e., at least once every 7 days) and submit “adequate proof of the results” of SARS-CoV-2 testing to the school board, using the process determined by their applicable facility.

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

IV.               Maintaining Documentation to Demonstrate Compliance with the Order (continued)

C.  Testing Documentation: Adequate Proof  of Weekly Negative SARS-CoV-2   Test Results. (continued)

Individuals who are required to test for SARS-CoV-2 under the Executive Order shall be considered to have submitted adequate proof of a SARS-CoV-2 test result if they provide evidence of a PCR or antigen SARS-CoV-2 test administered within the prior 72 hours, and for which the test was performed by, and the result reported by, a state licensed clinical laboratory, pharmacy-based testing provider, or other healthcare provider facility with a current Clinical Laboratory Improvement Amendments (CLIA) waiver, that includes the name and location of the testing laboratory or provider facility performing the test, the name of the person tested, the date the sample was collected, and the test result. Home-based testing and results obtained outside of a facility of the type indicated above are not considered adequate proof of a SARS-CoV-2 test for the purposes of complying with the Executive Order.

Covered workers who have been granted an exemption from vaccination on the basis of a medical condition or firmly held religious or spiritual beliefs must comply with the foregoing testing requirements. In addition, covered workers without an exemption but who have chosen to submit weekly test results for SARSCoV-2 rather than be vaccinated for COVID-19 must also comply with the foregoing testing requirements.

Covered workers, and/or contract workers should not be provided access to any of the facilities covered under this Executive Order unless the most recent test result provided, as required by the Order, is “negative” or indicate that virus material is “not detected”. Results provided as “inconclusive” are not considered negative results and as such require retesting. If an individual receives an inconclusive result and cannot be retested and provide a negative result within 7 days of their last negative test, then that individual should be excluded from on-site work until they can provide a negative test result.

V.                 Responsibility for Ensuring Continuous Compliance with the Order

The District must ensure compliance with the Order as of September 27, 2021, including ensuring that all covered workers (inclusive of employees and contract workers) have:

1.        submitted proof of their status as fully vaccinated (as defined above); or

2.        submitted proof of a single dose of a two-dose COVID-19 vaccine and provided the date of a scheduled second dose appointment; or

3.        requested and been granted a medical or religious/spiritual exemption from COVID- 19 vaccination; and

Personnel - Certified/Non-Certified

Required COVID-19 Vaccinations

V.                 Responsibility for Ensuring Continuous Compliance with the Order (continued)

4.        if not fully vaccinated, submitted adequate proof of a negative test for SARS-CoV-2 in the prior 7 days, unless the individual has been granted a temporary testing waiver based upon a documented COVID-19 infection within the prior 90 days.

After September 27, 2021, the District must restrict access to their facilities for those individuals who fall out of compliance at any time with the requirements of the Order, including but not limited to failure to submit adequate proof of a weekly COVID-19 test result and/or failure to receive a second dose of a two-dose vaccine when scheduled and in compliance with current Advisory Committee on Immunization Practices (ACIP) recommendations for COVID-19 vaccine dosing schedules.

The District is responsible to secure compliance reports from contractors regarding their contract workers’ compliance with the Executive Order. At a minimum, periodic reporting of numbers of contract workers who are vaccinated, have been granted an exemption, and are subject to weekly testing should be reported to the school board at a frequency that the school board facility determines is sufficient to assure compliance.

VI.               Enforcement and Inspection

The Board of Education is required to collect and maintain copies of the required documentation for employees and other covered workers, and to ensure compliance with the Executive Order, by the September 27 deadline. The Board must make available for inspection by the State Department of Education any documentation required to confirm compliance with the Order, upon request.

Declaration Attesting to the Authenticity of an Individual’s COVID-19 Vaccination Record COVID-19 Vaccination Record Declaration

Pursuant to Executive Order No. 13G, State Employees, State Hospital Employees, all individuals working in a public or non-public PreK-12 school or Child Care Facility (“covered workers”), and any contract workers in these facilities must be fully vaccinated for COVID-19, partially vaccinated with one dose of a two-dose COVID-19 vaccine regimen and have a scheduled second dose appointment, prior to September 27, 2021; or be exempted from the vaccine requirement for reasons of medical contraindication or firmly held religious or spiritual belief. Individuals submitting a copy of an official CDC Vaccination Card or any other record as stipulated in Executive Order No. 13G to verify their vaccine status must also include a declaration attesting to the authenticity of that documentation.

If you are using an electronic or paper copy of a CDC Vaccination Card or other official record to verify your vaccine status, please complete this declaration form and submit it to the individual(s) designated by the facility to receive these forms.

Name:                                                                              Date of Birth:                                                                                         Job Title:                                                                               Employee Number:                                                          Agency/Department:                                                                              Manager/Supervisor:               
Email:                                                                               Cell Phone:       
Home Phone:                                                                   Work Phone:                                                       

If you do not have access to a smart phone or computer, you can submit your information via email at Statecovid@wellsparkhealth.com or fax to 860-678-5207 or 860-678-5229. Please include proof of vaccination. Even if you are only partially vaccinated, please include that information as well. Please include proof of vaccination. Even if you are only partially vaccinated, please include that information as well.

Your signature below indicates agreement with the following statement:

I declare and attest that the attached official record is a copy of my personal vaccination record and that the information included in that document is true and accurate, to the best of my knowledge. I understand that the submission of false information to a covered state agency, school board, child care facility, the State of Connecticut or its agents or representatives is punishable pursuant to Section 53a157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year. I understand that it is a crime under federal law to use, buy, sell, or transfer a CDC vaccination card knowing that it is fraudulent. A violation of this federal law is punishable by a fine or imprisonment of up to five years. 18 U.S.C. SEC. 1017;

Employee Signature                                                                            Date

COVID-19 Vaccination Medical Exemption Request Form

Request for Medical Exemption for COVID-19 Vaccination

Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may exempt an individual from the facility’s COVID-19 vaccination requirement if the individual’s physician (MD or DO), physician assistant (PA), or advanced practice registered nurse (APRN) determines that the administration of the COVID-19 vaccine is likely to be detrimental to the individual’s health. In such cases, the facility may allow the individual to continue to access on-site facilities if the individual:

1.        is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,

2.        does not pose a direct threat to the health or welfare of others, and

3.        submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis.

To request a medical exemption to the COVID-19 vaccination requirement, please complete the information below and have your physician, physician assistant, or advanced practice registered nurse complete the information on the pages that follow. Once the form is completed, please submit it to the individual designated by the facility.

EMPLOYEE REQUESTING EXEMPTION:

Name:                                                                                  Date of Birth:                                     

Job Title:                                                                               Employee Number:                                 Agency/D                                                                                                                      _ Manager/Supervisor:                                                            Email:
Cell Phone:                                                                           Home Phone:                                          Work Phone:                                                     

COVID-19 Vaccination Medical Exemption Request Form HEALTHCARE PROVIDER CERTIFICATION

Patient Name:                                                                                                                                 

Dear Healthcare Provider:

The above-named individual has requested a medical exemption from COVID-19 vaccination as required by their employer under the Governor’s Executive Order No. 13G. This request for exemption will be evaluated based on the medical information you provide. A medical exemption is allowed only for currently recognized contraindications or other compelling medical reasons.

We encourage you to listen carefully to your patient’s concerns regarding vaccination and provide information that will help them make a fully informed decision. The CDC also provides information that is helpful in overcoming vaccine hesitancy. For some patients, specialists in allergies and immunology may be able to provide additional care and advice. Please include any related medical information connected to your assessment.

Please complete this form if the person listed above seeking a medical exemption is your patient, you agree that this patient has medical contraindications to receiving all currently available COVID-19 vaccines, and you recommend that this patient should NOT be vaccinated for COVID-19 based on their individual medical condition(s). More information on clinical considerations for COVID-19 vaccination, including contraindications, can be found on the CDC website:

https://www.cdc.gov/vaccines/covid-19/clinical-considerations/covid-19-vaccines-us.html

Directions:

Part 1. Please complete the Provider Information requested.

Part 2. Please mark the currently recognized contraindications/precautions that apply to this patient (indicate all that apply).

Part 3. If no contraindications or precautions apply in Part 2 but you are still indicating a need for medical exemption from COVID-19 vaccination for this patient, provide a brief explanation of your reasoning for this opinion.

Part 4. Read, sign, and date the Statement of Clinical Opinion.

Patient Name:                                                                                                                       

Part 1. Provider Information:

Physician (MD or DO)/Physician Assistant/Nurse Practitioner (APRN) Name (print):

Name and Address of Practice:

Contact Phone Number:                                          Email:                                                             

State License Number:                                                                                                                     

Part 2. Specific Contraindications

Medical contraindications and precautions for COVID-19 vaccine are based upon the Advisory Committee on Immunization Practices (ACIP) Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Approved or Authorized in the United States, published by the Centers for Disease Control and Prevention.

A contraindication is a condition in a recipient that increases the risk for a serious vaccine adverse event (VAE) or compromises the ability of the vaccine to produce immunity.

A precaution is a condition in a recipient that might increase the risk for a serious VAE or that might compromise the ability of the vaccine to produce immunity. Under normal conditions, vaccinations are deferred when a precaution is self-limiting, but can be administered if the precaution condition improves.

Neither contraindications nor precautions to COVID-19 vaccination

Allergic reactions (including severe allergic reactions) not related to vaccines (COVID-19 or other vaccines) or injectable therapies, such as allergic reactions related to food, pet, venom, or environmental allergies, or allergies to oral medications (including the oral equivalents of injectable medications), are not a contraindication or precaution to COVID-19 vaccination. The vial stoppers of COVID-19 vaccines are not made with natural rubber latex, and there is no contraindication or precaution to vaccination for people with a latex allergy. In addition, because the COVID-19 vaccines do not contain eggs or gelatin, people with allergies to these substances do not have a contraindication or precaution to vaccination.

Delayed-onset local reactions have been reported after mRNA vaccination in some individuals beginning a few days through the second week after the first dose and are sometimes quite large. People with only a delayed-onset local reaction (e.g., erythema, induration, pruritus) around the injection site area after the first vaccine dose do not have a contraindication or precaution to the second dose. These individuals should receive the second dose using the same vaccine product as the first dose at the recommended interval, preferably in the opposite arm.

Please mark the vaccine(s), exemption duration, and all contraindications/precautions that apply to this patient for each vaccine.

CDC Recognized Contraindications and Precautions COVID-19 Vaccines included in exemption

☐  Pfizer mRNA vaccine

☐  Moderna mRNA vaccine

☐  Janssen/ J&J viral vector vaccine

Exemption Duration ACIP Contraindications and Precautions (Check all that apply)

☐  Temporary through:          /               (mm/yyyy)

☐  Permanent

Contraindications

☐  Severe allergic reaction* (e.g., anaphylaxis) after a previous dose or to a component of the COVID-19 vaccine

☐   Immediate allergic reaction* of any severity to a previous dose or known (diagnosed) allergy to a component of the COVID-19 vaccine

Precautions

☐    History of an immediate allergic reaction* to any vaccine other than COVID-19 vaccine

☐      History of an immediate allergic reaction* to any injectable therapy (i.e., intramuscular, intravenous, or subcutaneous vaccines or therapies [excluding subcutaneous immunotherapy for allergies, i.e., “allergy shots”])

☐    History of an immediate allergic reaction* to a vaccine or injectable therapy that

contains multiple components, one or more of which is a component of a COVID-19 vaccine, have a precaution to vaccination with that COVID-19 vaccine, even if it is unknown which component elicited the allergic reaction

*  Immediate allergic reaction to a vaccine or medication is defined as any hypersensitivity-related signs or symptoms consistent with urticaria, angioedema, respiratory distress (e.g., wheezing, stridor), or anaphylaxis that occur within four hours following administration.

Part 3. Other Medical Condition Necessitating Exemption

If claiming the need for a medical exemption from COVID-19 vaccination for this patient based on a condition that does not meet any of the ACIP criteria for a contraindication or precaution listed in Part 2, provide an explanation of your reasoning for this opinion below.

Submit your information via  email to:                                         or fax to:                                  . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.

PROVIDER CERTIFICATION: In accord with the legal requirements of Executive Order 13G, I certify that the above-named individual should be granted a medical exemption from COVID- 19 vaccination because I have reviewed the clinical considerations for COVID-19 vaccination and accordingly have determined that the administration of a COVID-19 vaccine would be detrimental to the individual’s health. I understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than

$2,000 or imprisonment of not more than one year.

Signature:                                                                                            Date:                               

Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order

Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may exempt an individual from the facility’s COVID-19 vaccination requirement if an individual objects to the vaccination based on sincerely held religious or spiritual beliefs and practices. In such cases, the facility may allow the individual to continue to perform their job functions if the individual:

1.        is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,

2.        does not pose a direct threat to the health or welfare of others, and

3.        submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis

If you have a sincerely held religious belief that you believe prevents you from receiving the COVID-19 vaccine, you must sign and submit this form for consideration through the school office or via email or faxed copy. All requests and supporting documentation will be reviewed by the district by a designee of the superintendent. The district designated representative may contact you for additional information or for clarification, as deemed necessary.

A “sincerely held religious or spiritual belief”:

·         should be more than a social, economic, or political philosophy; and

·         need not be tied to a specific religious organization, but should relate to a belief system that is comprehensive and addresses fundamental and/or ultimate questions.

The completed form together with any supporting documentation must be signed and uploaded/forwarded by no later than September 27, 2021. All requests are considered pending until the requestor receives notice of an approval or denial.

To request an individual exemption from required COVID-19 vaccination on the basis of a firmly held religious or spiritual belief, please complete this form and submit it to the individual(s) designated by your facility to receive these forms.

Name:                                                                                  Date of Birth:                                     

Job Title:                                                                              Employee Number:                                Agency/Department:                                                                                                   Manager/Supervisor:                                                                                                                   

Email:                                                              Cell Phone:                                                   Home Phone:                                                                    Work Phone:                                                     

Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order

In the space below, please provide a personal statement detailing the religious or spiritual basis for your vaccination objection, explaining why you are requesting this religious or spiritual exemption, the religious or spiritual principle(s) that guide your objection to vaccination, and the religious or spiritual basis that prohibits you from receiving the COVID-19 vaccination. Please attach additional documentation, if necessary. A District representative may need to discuss the nature of your religious or spiritual belief(s), practice(s) and/or request for exemption with your witness or religious leader(s) (if applicable) and will contact you if that becomes necessary. The District-designated representative may also request additional supporting documentation if needed.

Have you received immunizations in the past? ☐ Yes or ☐ No (check one)

If yes to the previous question, please provide an explanation detailing any changes in your religion, belief, or observance that have occurred since your last immunization, or the reason(s) that you believe your religion, belief, or observance prevents you from receiving the COVID-19 vaccine:

Submit your information via  email to:                              or fax to                             . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.

Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order

By signing this form, you certify that the information you have provided in connection with this request is accurate and complete as of the date of submission. You understand this exemption may be revoked and you may be subject to disciplinary action if any of the information you provided in support of this exemption is false. You further acknowledge that if your request is approved, you will receive a religious or spiritual exemption from receiving the COVID-19 vaccine and will be required to comply with the testing requirement set out in Executive Order No. 13G. You also acknowledge that you have read the CDC Covid-19 Vaccine Information, which can be found via the link provided here: https://www.cdc.gov/coronavirus/2019- ncov/vaccines/index.html

You also certify that you understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.

Printed/Typed name:                                                                                                                       Signature                                                                                                    

Date                                  

Temporary Waiver from Weekly COVID-19 Testing on the Basis of Prior COVID-19 Infection

Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may allow individuals who are not fully vaccinated to continue to access on-site facilities only if the individual:

1.        is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,

2.        does not pose a direct threat to the health or welfare of others, and

3.        submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis

CDC recommends that individuals who have had documented COVID-19 within the prior 90 days should not be included in screening testing programs for asymptomatic people. This is because some components of viral RNA may remain present in a COVID-19 recovered person’s body for up to 90 days, and as a result cause a person to test positive for SARS-CoV-2 even when they are not actively infected (i.e., false positives). Individuals who are experiencing symptoms of COVID-19 who have been infected in the prior 90 days should consult with their healthcare provider regarding the utility of SARS-CoV-2 testing.

If you are a state employee or other covered worker subject to the provisions of Executive Order No. 13G, you may request a temporary waiver from the weekly SARS-CoV-2 testing portion of the Executive Order requirements for the 90 days after your COVID-19 diagnosis. To request this waiver, individuals must have their healthcare provider complete the information below and both you and your healthcare provider must attest to the accuracy of the information provided. Once the form is completed, please submit it to the individual designated by the facility to receive this request.

EMPLOYEE REQUESTING EXEMPTION:

Name:                                                                                     Date of Birth:                                                                          Job Title:                                                                               Employee Number:                                                                 Agency/Department:                                                                                                                         
Manager/Supervisor:                                                              Email:                                                                                         
Cell Phone:                                                                             Home Phone:                                                                         Work Phone:                                                      

HEALTHCARE PROVIDER CERTIFICATION

Patient Name:                                                                                                                                 

Dear Healthcare Provider:

The above-named individual has requested to be temporarily excused from SARS-CoV-2 testing, as required by their employer under the Governor’s Executive Order No. 13G, on the basis of having had COVID-19 within the prior 90 days. This request for a temporary waiver will be evaluated based on the information you provide.

Please complete this form if the person listed above seeking a temporary waiver from SARS- CoV-2 testing is your patient and you can positively attest that this patient had COVID-19 at some point in the prior 90 days. More information on recommendations for SARS-CoV-2 testing, including under what conditions testing is or is not recommended, can be found on the CDC website: https://www.cdc.gov/coronavirus/2019-ncov/hcp/testing-overview.html.

Directions:

Part 1. Please complete the Provider Information requested.

Part 2. Please mark the applicable basis for your recommendation for a temporary waiver for this patient, and the date of diagnosis and applicable date of expiration of the waiver.

Part 3. Read, sign, and date the Statement of Clinical Opinion.

Part 1. Provider Information:

Physician (MD or DO)/Physician Assistant/Nurse Practitioner (APRN) Name (print):

Name and Address of Practice:

Contact Phone Number:                                          Email:                                                             

State License Number:                                                                                                                     

Part 2. Basis of Verification of Patient’s Current or Prior COVID-19 Status

In this section, indicate the basis on which you can affirmatively verify that the individual requesting this temporary waiver has had an active SARS-CoV-2 infection within the prior 90 days.

(continued)

Please check off any of the following that apply:

☐   I have verified that this individual had a positive test for SARS-CoV-2 performed by, and the result reported by, a state licensed clinical laboratory, pharmacy-based testing provider, or other appropriate healthcare provider facility within the prior 90 days

☐   I had diagnosed this individual with COVID-19 within the prior 90 days based on his or her symptom presentation and history of close contact with another COVID-19 case

Patient Name:                                                                               

☐    I had diagnosed this individual with COVID-19 within the prior 90 days on some other clinical basis (must specify below):

Date of COVID-19 diagnosis:                                                       

Date  of  Waiver  Expiration:                                                            (90 days after date listed above)

Submit your information via email to:                                             or fax to:                                . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.

Part 3: Statement of Clinical Opinion

Your signature below indicates agreement with the following statement:

PROVIDER CERTIFICATION: In accord with the legal requirements of Executive Order 13G, I certify that the above-named individual should be granted a temporary waiver from SARS-CoV-2 testing based on their having had COVID-19 within the prior 90 days. I understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.

Signature:                                                                                            Date:                                

Declaration Attesting to the Authenticity of COVID-19 Test Results Submitted by Employees

COVID-19 Test Results Report Declaration

Pursuant to Executive Order No. 13G, State employees and Covered Workers (as defined in 13G(1)(b), (c), and (f)) who are not fully vaccinated (as defined in 13G(1)(a)) by September 27, 2021, and who cannot provide documented proof of COVID-19 infection in the prior 90 days, are required to submit “adequate proof of the results” of COVID-19 testing (13G(3)(a)(ii) and (b)(ii)) to their Covered State Agency, School Board, or Child Care Facility at least weekly (i.e., at least once every 7 days). Individuals submitting a copy of a test result report must also include a declaration attesting to the authenticity of that documentation.

If you are submitting a test result report via email or fax copy, please complete this declaration form and submit it at the same time and in the same manner as you are submitting the test result.

Name:                                                                                                                                                 Job Title:                                                   Employee Number: Agency/Department:                                                                                                                           Email:                                                                           
Cell Phone:                                                   Home Phone:                                                                Work Phone:                                                  

Test Date:                                                 

If you do not have access to a smartphone or computer, you can submit your information via email at Statecovid@wellsparkhealth.com or fax to 860-678-5207 or 860-678-5229. Please be sure to include a copy of your test results.

Your signature below indicates agreement with the following statement:

I declare and attest that the attached SARS-CoV-2 test results report was collected on the Test Date listed above and complies with all of the conditions required in Section III (Reporting Requirements) of the Implementation Guidance for Executive Order No. 13G. I attest that the information included in the test results report is true, to the best of my knowledge. I understand that the submission of false information to a covered state agency, the State of Connecticut or its agents or representatives is punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.

Employee Signature                                                                Date:

Department of Public Health and Department of Education Temporary Deadline in Flexibility (9/22/21)

The Connecticut State Departments of Education and Public Health have learned that some school districts are concerned about their ability to gather declarations of authenticity of vaccination records from covered workers by the September 27 deadline set forth in the recent Implementation Guidance for Executive Order 13G. (https://portal.ct.gov/-

/media/DAS/Statewide-HR/Vaccine-App-Docs-Forms/IMPLEMENTATION-GUIDANCE- FOR-EXECUTIVE-ORDER-13G_Revised_09162021.pdf.)            Some school districts have also expressed concern that covered workers may be unable to submit initial negative COVID-19 testing results by the September 27 deadline.

The Departments reiterate that vaccinated covered workers must provide vaccination records in the manner stated in Executive Order No. 13G and the Guidance. Declarations of authenticity must also be provided. However, if covered workers have otherwise submitted their vaccination records, school boards and contractors may allow such covered workers to provide their declarations of authenticity by October 12, 2021, and to report to work until such declarations are provided. Covered workers should nevertheless be encouraged to submit their declarations  of authenticity as soon as possible.

Similarly, current covered workers who are not fully vaccinated must submit to weekly testing as set forth in the Executive Order and Guidance. While covered workers who are not fully vaccinated must take an initial test by end of day on Sunday, September 26, they may submit the results of the test any time between September 24 through October 1 for the week of September 27, and school boards and contractors may allow such covered workers to report to work during the week of September 27. For all weeks thereafter, only test results submitted to a school board or contractor within 72 hours of the test administration date will be deemed compliant with the testing requirement.

We hope this information is helpful in the implementation of Executive Order 13G.

Winchester BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel – Alcohol, Tobacco, and Drug-Free Workplace
Policy # 4218.232
New: 12/13/2022
Supersedes / Amends:

PURPOSE

The purpose of this policy is to establish a workplace that is free of the effects of alcohol and second-hand smoke and free from drug abuse.  By accomplishing this purpose, the Board of Education (the “Board”) also seeks to promote a safe, healthy working environment for all employees and to reduce absenteeism, tardiness, and other job performance problems that may be caused by alcohol and/or drug abuse.  This policy is adopted in accordance with state law and the Drug-Free Workplace Act.

STATEMENT OF POLICY

Employees shall not be involved with the unlawful manufacture, distribution, possession, or use of an illegal drug, a controlled substance, or alcohol and shall not be under the influence of such substances while on school property or while conducting Board business on or off school property.  Any employee who discovers illegal drugs, a controlled substance, or alcohol on school property shall notify the Superintendent or the Superintendent’s designee, who shall investigate the matter.

An employee must report any conviction under a criminal drug statute for violations occurring on or off school property while on Board business to the Superintendent or their designee within five (5) days after the conviction.  The Board will notify any agency awarding a grant to the Board of such conviction within ten (10) days thereafter.

Employees shall only use prescription drugs on school property or during the conduct of Board business that have been prescribed to them by a licensed medical practitioner, and such drugs shall be used only as prescribed.  However, in accordance with Conn. Gen. Stat. 21a-408a through 408q, the Board specifically prohibits the palliative use of marijuana on school property, at a school-sponsored activity, or during the conduct of Board business, and specifically prohibits employees from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during work hours.

The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g., e-cigarettes), electronic cannabis delivery system, or vapor product, and the use of tobacco products in any area of a school building, on school property, including property owned, leased, contracted for, or utilized by the Board, or at any school-sponsored activity.

EMPLOYEE ASSISTANCE

In appropriate circumstances, the Board shall provide an employee with an opportunity for rehabilitation in overcoming addiction to, dependence upon, or other problems with alcohol or drugs.

Employees who feel they have developed an addiction to, dependence upon or other problems with alcohol or drugs are encouraged to seek assistance. Certain benefits for addressing alcoholism or drug addiction are provided under the Board’s group medical insurance plan.  An employee may be given an opportunity to participate in a rehabilitation program that requires absence from work or bona fide treatment. Such absence may be charged to the employee’s accrued and unused sick leave, subject to the provisions of the employee’s collective bargaining agreement and/or any applicable Board policies and regulations.

Any request for assistance with a drug or alcohol problem will be treated as confidential, and only those persons “needing to know” will be made aware of such request.

Legal References:

Connecticut General Statutes:        

Conn. Gen. Stat. 10-233a (h) (definition of school-sponsored activity)

Conn. Gen. Stat 19a-342

Conn. Gen. Stat 19a-342a

Conn. Gen. Stat 21a-408a through 408q (palliative use of marijuana)

June Special Session, Public Act No. 21-1

United States Code:

Pro-Children Act of 2001, 20 U.S.C. 7973, as amended by the Every Student Succeeds Act,  
Public Law 114-95, 4001
Drug-Free Workplace Act, 41 U.S.C. 8101 et seq.

ADOPTED: _____________

REVISED: ______________