4000 Personnel

4000.1 Certified/Non-Certified: Title IX

Certified / Non-Certified:  Title IX 
Policy # 4000.1
New Policy:  03/14/2000                                                                                                       


The Board of Education agrees to comply with Title IX of the Education Amendments of 1972 and the Regulations promulgated pursuant thereto, the Board designates the Superintendent of Schools, as Compliance Officer.  The Board shall, at least annually, notify all students, parents, employees and labor organizations with which it deals of the name, address and phone number of the Compliance Officer and the procedure for processing grievances.

Except as hereinafter noted, all complaints shall be addressed in writing to the Board designated Compliance Officer and he/she shall be responsible for investigating all complaints.  Upon investigation, the Compliance Officer shall effectuate any changes deemed necessary to eliminate any discriminatory practices and shall inform the complainant in writing of his/her actions within ten (10) working days of the receipt of such complaint.

If the complainant is not satisfied with the action of the Compliance Officer, within ten (10) days, the complainant may appeal the action of the Compliance Officer in writing to the Board of Education.  The Board of Education shall notify the complainant in writing of its decision within ten (10) days after such a hearing.

Employees who are represented by labor organizations recognized by this Board for the purposes of collective bargaining shall process all complaints of alleged Title IX violations through the grievance procedures set forth in the applicable collective bargaining contracts.

Legal Reference:  Title IX of the Education Amendments of 1972.

4001 Personnel / Athletic Coaches

Personnel / Athletic Coaches 
Policy # 4001 
New Policy:  4/12/2005

 

 

EVALUATION

Any person holding a coaching permit who is employed by the board to coach for a sport season shall be evaluated by his/her immediate supervisor on an annual basis.  A copy of such evaluation shall be provided to the athletic coach.

APPEAL OF TERMINATION OR NON-RENEWAL

A decision to terminate or decline to renew the contract of an athletic coach who has served in the same coaching position for three or more consecutive years shall be communicated to such coach no later than ninety days after the completion of the sport season covered by the contract.  Such coach may appeal such decision in the following manner:

1.   Within seven days of receiving the notice of termination or non-renewal, the coach may make a written request for a statement of the reasons for such decision.  The coach shall be given a statement of reasons within the succeeding seven days.

2.   The coach may request an opportunity to appeal such decision to the board.  This request must be made by the coach in writing within twenty days of receiving notice of the termination or non-renewal.

Nothing shall prohibit the board from terminating a coaching contract at any time for reasons of moral misconduct, insubordination, violation of the rules of the board or because a sport has been cancelled.

Legal References: Connecticut General Statute 10-222e

Public Act 04-243  An Act Concerning Termination of Coaches

4051 Sexual Harassment in the Workplace

Sexual Harassment in the Workplace
Policy # 4051 
Amended:  1/11/1996
Supersedes / Amends:  4051 adopted 9/18/2001

 

 

 

It is the policy of the board of education that any form of sexual harassment is forbidden in the workplace, whether by supervisory or non-supervisory personnel, by individuals under contract, or volunteers subject to the control of the board.  Sexual harassment is defined as unwelcome conduct of a sexual nature, whether verbal or physical, including, but not limited to, insulting or degrading sexual remarks, gestures, or conduct; threats or suggestions that an employee’s submission to or rejection of unwelcome conduct will in any way influence an employment decision regarding that employee, or conduct of a sexual nature which substantially interferes with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment, such as the display in the workplace of sexually suggestive objects or pictures.

Sexual harassment in the workplace whether by supervisory or non-supervisory employees will result in disciplinary action up to and including dismissal.

It is the express policy of the board of education to encourage victims of sexual harassment to report such claims.  Employees are encouraged to promptly report complaints of sexual harassment to the superintendent of schools.  Complaints will be investigated promptly and corrective action will be taken when allegations are verified.  Confidentiality will be maintained by all persons involved in the investigation and no reprisals or retaliation will be allowed to occur as a result of the good faith reporting of charges of sexual harassment.

LEGAL REFERENCE:       Connecticut General Statutes

                                      S46a-60(a)(8)

                                      42 U.S.C. S2000e (“Title VII”)

                                      29 C.F.R. S1604.11 (EEOC Guidelines of Sexual  Harassment)

4111 Affirmative Action - Recruitment and Selection

Board of Education Policy Regarding
Personnel/Affirmative Action – Recruitment and Selection

Policy # 4111.1
Revisions: Approved 3/20/2018

Adopted:  09/10/02

Supersedes / Amends:  2104 dated 5/8/90 and 4111 dated 6/14/94

See Also: 

In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendment of 1972 and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the Americans with Disabilities Act, the Winchester Board of Education adopts the following Equal Employment Opportunity and Equal Education Opportunity Policies.

Equal Employment Opportunity 

Both federal and state law prohibit discriminatory practices in hiring and employment.  The Winchester Board of Education prohibits discriminatory acts in all district manners dealing with employees and applicants and requires equal employment opportunities for all employees and applicants.  As an equal opportunity applicant, the board of education does not discriminate on the basis of race, color, religious creed, age, marital status, gender identity or expression, national origin, ancestry, sex, sexual orientation, past or present history of mental disorder, intellectual learning disability, learning disability, regarding any individual who can perform the essential functions of the job, with or without reasonable accommodations, physical disability (including blindness), or other disability except in a case of bona fide occupational qualification or need.

Equal Education Opportunity 

Pursuant to IDEA, Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, no otherwise qualified individual with handicaps shall, solely by reason of such handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any programs of the board of education.

The Title IX Coordinator of the Winchester Board of Education shall monitor compliance of these policies.  Further compliance with these policies is a responsibility of all district administrators. 

If an employee feels that he or she has been discriminated against in regard to the preceding policy, a grievance may be filed with the Title IX Coordinator.

Legal Reference:     Connecticut General Statutes

10-153 Discrimination on account of marital status                            

46a-60 Discriminatory Employment Practices Prohibited

Title VII, Civil Rights Act

4112.51(a) Reference Checks

Reference Checks 
Policy # 4112.51 (a) 
Adopted:  9/11/2007
Supersedes / Amends:  New Policy


 

 

REFERENCE CHECKS:

  In checking references, the following guidelines shall be followed:

All reference questions must be directly related to the applicant’s qualifications and ability to perform the position in question.

Questions, which are impermissible in the application/interview context, are equally improper when checking references.

As in the interview context, nothing is “off the record”.  Contents of reference checks are discoverable in litigation.

The use of an appropriate reference check form specifically related to the qualifications for the position in question should be developed and used consistently.

Consider the statutory safeguards with respect to obtaining employment and educational references.

CONNECTICUT PERSONNEL FILES ACT:

Private employers may only verify dates of employment, position, and salary.

Further disclosure of personnel information is prohibited unless:

the employee provides written consent for such disclosure; or

one of the specific statutory exemptions applies such a lawfully issued subpoena or response to a government audit/investigation.

CONNECTICUT FREEDOM OF INFORMATION ACT:

Applicable to all public employers.

Personnel files and similar files are exempt from disclosure only if disclosure would result in an invasion of privacy.  The “invasion of privacy” standard is construed strictly, favoring disclosure.

A public employer is only required to produce existing public records upon request.  It does not require a public employer to create records or to provide verbal comments regarding an employee

C.G.S. 10-151c exempts records of teacher performance from disclosure unless the teacher has provided written consent for such disclosure.

FAMILY EDUCATION RIGHTS AND PRIVACY ACT (“FERPA”):

Applies to all educational institutions receiving federal aid.

Prohibits disclosure of student records without written consent, unless a specific exemption applies.

(cf. 5125- Student Records)

Legal References:  Connecticut General Statues

1-200 through 1-241 of the Freedom of Information Act.

5-193 through 5-269 State Personnel Act

10-151c Records if teacher performance and evaluation not Public Records

Federal Family Education Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93-568, codified at 20 U.S.C. 1232g.).

Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR30802) regs. Implementing PERPA enacted as part of 438 of General Education Provisions Act (20 U.S.C. 1232g) –parent and student privacy and other rights with respect to educational records, as amended 11/21/96.s

10-221d Criminal history records checks of school personnel.  Fingerprinting.  Termination or dismissal.

4117.4 Non Renewal Suspensions

Board of Education Policy Regarding:

Personnel / Non-Renewal / Suspension

Policy # 4117.4

Revisions: Approved 3/20/2018

Supersedes / Amends:  4117.4 Adopted 9/8/98 and Revised 03/14/2012

Non-Renewal

Prior to obtaining tenure, a certified employee’s contract may be non-renewed provided that the employee is notified in writing prior to May 1 by the Superintendent.  A teacher so notified may request not later than three calendar days after such teacher receives such notice of non-renewal, a written statement of the reasons for non-renewal of the contract, and the district will furnish such a statement not later than four (4) school days of the receipt of the request. The teacher may also file with the Board of Education not later than (10) calendar days of receipt of the notice of non-renewal for a hearing before the Board or, if indicated in such request designated by the Board, before an impartial hearing panel or, if the parties agree, before a single impartial hearing officer. The hearing shall commence not later than fifteen (15) calendar days after receipt of such request unless an extension, not to exceed fifteen (15) days, is mutually agreed upon.

A teacher who has not attained tenure shall not be entitled to a hearing concerning non-renewal if the reason for such non-renewal is either elimination of position or loss of position to another teacher. The Board shall rescind a non-renewal decision only if the Board finds such decision to be arbitrary and capricious.

Suspension

A certified employee may be suspended by the Board of Education for an alleged or actual violation of any of the reasons for termination in C.G.S. 10-151(c) or 10-151(d) when insufficient cause for dismissal is considered to exist, or may be suspended pending Board or legal action for dismissal of the employee on charges of violation of one or more of said causes for termination. The Superintendent may suspend an employee pending Board action when, in the opinion of the Superintendent, continuation of the employee in the position presents a clear danger to the students, staff, property or reputation of the district, or to the employee

Legal Reference:  Connecticut General Statutes

10-151(b) Employment of teachers.  Definitions. Tenure, etc.  (as amended by P.A, 12-116, An Act Concerning Educational Reform)

10-151(c) Employment of teachers. (as amended by P.A. 11-136, An Act Concerning Minor Revisions to the Education Statutes.)

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

Connecticut’s System for Educator Evaluation and Development (SEED) Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)

PA 95-58 An Act Concerning Teacher Evaluations, Tenure and Dismissal.

PA 97-247 An Act Concerning Revisions to the Education Statutes.

Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)

4115 Teacher Evaluation

Teacher Evaluation 
Policy # 4115 
Adopted: 12/10/2013
Supersedes / Amends: 11/12/2012 

 

 

 

Policy #4115 Personnel - Certified

Evaluation and Support Program

It is universally accepted that good teaching is the most important element in a sound educational program. Student learning is directly affected by teacher competence; therefore, teacher evaluation shall be accomplished using a teacher evaluation plan which demonstrates a clear link between teacher evaluation, professional development and improved student learning. (The educator evaluation and support plan or revisions must be approved annually by the State Department of Education prior to District implementation.)

Note: "Teacher or "Administrator" for purposes of evaluation shall include each professional employee of the Board, below the rank of Superintendent, who holds a certificate or permit issued by the State Board of Education.

Appraisal of teaching performance should serve three purposes:

To raise the quality of instruction and educational services to the children of our community resulting in improved student learning.

To raise the standards of the teaching profession as a whole.

To aid the individual teacher to grow professionally, linking district-wide teacher evaluation and professional development plans.

Evaluation of teacher performance must be a cooperative, continuing process designed to improve student learning and the quality of instruction. For the school year commencing July 1, 2013, and each school year thereafter, the Superintendent shall annually evaluate or cause to be evaluated all certified employees in accordance with the teacher evaluation and support program, developed through mutual agreement with the professional development and evaluation committee for the District. The teacher shares with those who work with the teacher the responsibility for developing effective evaluation procedures and instruments and for the development and maintenance of professional standards and attitudes regarding the evaluation process.

The Board of Education not later than September 1, 2013, shall adopt and implement a teacher evaluation and support program. Such teacher evaluation and support program shall be developed through mutual agreement with the District's professional development and evaluation committee. If unable to attain mutual agreement, the Board and the professional development and evaluation committee shall consider adopting by mutual agreement the State Board of Education (SBE) adopted model teacher evaluation and support program without any modification. Further, if the Board and the professional development and evaluation committee fail to agree on the SBE model, the Board, will use its statutory authority to adopt and implement a teacher evaluation program of its choice, provided such program is consistent with the SBE adopted guidelines. The system-wide program for evaluating the instructional process and all certified personnel is viewed as one means to improve student learning and insure the quality of instruction. The evaluation plan shall include, but need not be limited to, strengths, areas needing improvement, strategies for improvement and multiple indicators of student academic growth.

*Further, claims of failure to follow the established procedures of such teacher evaluation and support program shall be subject to the grievance procedure in collective bargaining agreements negotiated subsequent to July 1, 2004.

Note: The district's evaluation plan, submitted to the State Department of Education for approval, may be the district's selection of the state model evaluation plan, SEED (Connecticut's System for Educator Evaluation and Development), or a hybrid of SEED, or a district-proposed alternative evaluation and support plan which fulfills the state guidelines.

The Superintendent and all employees whose administrative and supervisory duties equal at least 50% of their time shall include a minimum of fifteen hours of training in the evaluation of teachers pursuant to Section 10-151 b, as part of the required professional development activity during each five year period for re-issuance of their professional educator certificate.

The State Board of Education as required has adopted guidelines for a model teacher and administrator evaluation and support program which is to provide guidance on the use of multiple indicators of student academic growth in teacher evaluations. The guidelines include, but are not limited to:

1. The use of our performance evaluations designators: exemplary, proficient, developing and below standards;

2. The use of multiple indicators of student academic growth and development in teacher and administrative evaluations;

3. Methods for assessing student academic growth and development;

4. A consideration of control factors, tracked by the state-wide public school information system that may influence teacher performance ratings, including, but not limited to, student characteristics, student attendance and student mobility;

5. Minimum requirements for teacher evaluation instruments and procedures,
including scoring systems to determine exemplary, proficient, developing and
below standard ratings;

6. The development and implementation of periodic-training programs
regarding the teacher evaluation and support program to be offered by the
local or regional board of education or RESC to teachers whose performance
is being evaluated and to administrators who are conducting the performance
evaluations;

7. The provision of professional development services based on individual or
group needs identified through evaluations;

8. The creation of individual teacher improvement and remediation plans for
teachers who are rated "developing" or "below standard" in performance;

9. Opportunities for career development and professional growth; and

10. A validation procedure to audit evaluation ratings of "exemplary" or "below standard" evaluation ratings.

These guidelines will be validated after the pilot programs conducted in the 2012- 2013 school year.

The Superintendent shall annually evaluate or cause to be evaluated each teacher and administrator in accordance with the teacher evaluation and support program, and may conduct additional formative evaluations toward producing an annual summative evaluation.

In the event that a teacher or an administrator does not receive a summative evaluation during the school year, such individual shall receive a rating of "not rated" for that year.

Note: The SBE may waive the requirement of consistency with SBE's model guidelines for any district that, before the model guidelines are validated, (after the pilots 2012-2013), developed a teacher evaluation program that is determined by the SBE to substantially comply with the guidelines.

The Superintendent shall report to the Board by June 1 annually on the status of the evaluations. In addition, by June 30 annually, the Superintendent shall report to the Commissioner of Education on the implementation of the teacher evaluation and support program, including the frequency of evaluations, aggregate evaluation ratings, the number of teachers and administrators not evaluated and other requirements as determined by the State Department of Education.

Remediation Plans

Teachers rated "below standard" or "developing" shall have an improvement and remediation plan that:

is developed in consultation with the teacher and his/her union representative;

identifies resources, support, and other methods to address documented deficiencies;

contains a timeline for implementing such measures in the same school year as the plan is issued; and

provides success indicators that include a minimum overall rating of "proficient" at the end of the  improvement and remediation plan.

Evaluation Training

For the school year commencing July 1, 2013, the Board, prior to any evaluation conducted under the teacher evaluation and support program, shall conduct training programs for all evaluators and orientation for all District teachers regarding the District's teacher evaluation and support program. Such training shall provide instruction to evaluators regarding how to conduct proper performance evaluations prior to conducting an evaluation under the teacher evaluation and support program. The orientation for each teacher shall be completed before a teacher receives an evaluation under the teacher evaluation and support program.

Implementation Plan

The Board of Education recognizes that the State Board of Education (SBE) has adopted a modified plan for the implementation of Connecticut's Educator Evaluation and Support System for the 2013-2014 school year. The District, in the 2013-2014 "Bridge Year" will:

[] Implement the evaluation model district-wide, consisting of all components of both teacher and administrative evaluation, as outlined in the "Guidelines for Connecticut's Educator Evaluation and Support System (SEED)."

[] Implement the whole model in at least one-third of the District's schools, for all certified teachers and administrators within those schools.

[] Implement the whole model in at least fifty percent of the District's schools, for classroom teachers only and administrators within those schools.

[] Implement a locally-developed and state-approved model/option.

The certified staff, in 2013-2014, not evaluated under the new system shall be evaluated under the District's existing evaluation plan.

Audit

The Board, starting July 1, 2014, if selected, will participate as required, in an audit of  its evaluation program, conducted by the State Department of Education.

All teachers teaching in public schools at the elementary, middle and high school levels (including special education teachers) must be determined to be "highly qualified," as defined in the No Child Left Behind Act. To be determined "highly qualified," a teacher must use the HOUSSE plan if he or she has not passed a state subject-matter test, does not hold advanced certification (e.g., National Board Certification) in all of the core academic content areas that he or she teaches (see appendix "Questions and Answers" document for more detailed information). The reauthorized individuals with Disabilities Act (IDEA) identifies special education teachers as teachers who must demonstrate competency (i.e., be highly qualified) in the core academic subjects that they teach.

Because the District's teacher evaluation and professional development guidelines (1) were reviewed and critiqued using the State Department of Education's peer review process and (2) include subject-matter knowledge assessment, Connecticut's district teacher evaluation plans have been approved by the U.S. Department of Education as Connecticut's official HOUSSE plan.

To ensure that this statewide HOUSSE is standardized across districts throughout the state, it is critical that the District evaluates a teacher's subject-matter competency in the core academic content areas, based on the Common Core of Teaching (CCT), using both of the following:

foundational skills and competencies; and

the discipline-based professional standards.

The Superintendent is directed to develop appropriate regulations, based upon guidance promulgated by the State Department of Education, pertaining to the District's HOUSSE plan.

(cf. 2400 - Evaluation of Administrators and Administration)
(cf 4111/4211 - Recruitment and Selection)

(cf. 4131 - Staff Development)

Legal Reference: Connecticut General Statutes

1 0-14Sb Teaching certificates

10-151 a Access of teacher to supervisory records and reports in
personnel file

10-151 b Evaluation by superintendent of certain educational personnel.
(amended by PA 04-137, An Act Concerning Teachers' Evaluations,
P.A. 10-111, An Act Concerning Education Reform in Connecticut, and
P .A. 12-116 An Act Concerning Educational Reform.)

10-151 c Records of teacher performance and evaluation not public
records

lQ-220a(b) In-service training. Professional development. Institutes for
educators. Cooperative and beginning teacher programs, regulations.

20 U.S.C. Section 1119 No Child Left Behind Act

34 C.F.R. 200.55 Federal Regulations

Circular Letter C-6, Series 2004-2005, Determining "Highly Qualified"
Teachers

Circular Letter C-9, Series 2004-2005, "No Child Left Behind" and
Districts' High Objective Uniform State Standard of Evaluation
 (HOUSSE) Plans.

P A 11-135 An Act Concerning Implementation Dates for Secondary
School Reform

P A 12-116 An Act Concerning Education Reform

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.

4112.5(a) Security Check - Fingerprinting

Security Check - Fingerprinting
Policy # 4112.5(a)
Adopted:  9/11/2007 
Supersedes / Amends:  New Policy 

 

 

 

Each applicant for a position within the public school system shall be asked to respond in writing on the Winchester Board of Education employment application form whether he/she has ever been convicted of a crime and whether there are any criminal charges pending against him/her at the time of application.  Each person hired by the school system shall be required to submit to state and national criminal record checks.  In order to process such record checks, the following procedure will be followed:

No later than ten calendar days after the Superintendent or his/her designee has notified a job applicant of a decision to hire the applicant, or as soon thereafter a practicable, the Superintendent or his/her designee will supply the applicant with a packet containing all documents and materials necessary for the applicant to be placed on the Winchester employee database. The applicant must then be fingerprinted for state and national criminal record checks by either a Regional Service Center or the District’s Fingerprinting Technician within the timeframe required by law. 

No later than ten calendar days after the superintendent or his/her designee has provided the successful job applicant with fingerprinting packet, the applicant must arrange to be fingerprinted.  Failure of the applicant to have his/her fingerprints taken within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.

Any person for whom criminal records checks are require to be performed pursuant to this policy must pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for criminal record checks.

Upon receipt of a criminal record check indicating a previously undisclosed conviction, the Superintendent or his/her designee will notify the affected applicant/employee in writing of the results of the record check and will provide an opportunity for the affected applicant/employee to respond to the results of the criminal record check.

Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including, but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.

Adult education teachers and substitute teachers, if they are continuously employed by the district, do not have to be re-fingerprinted after fulfilling the initial requirement.

School nurses and nurse practitioners appointed by the Board or under contract with the Board shall also submit to a criminal history check pursuant to Connecticut General Statute 29-17a.

Legal Reference:  Connecticut General Statues

1-221d Criminal history records checks of school personnel.  Fingerprinting.  Termination or dismissal (as amended by PA 01-173 and PA 04-181

29-17a Criminal history checks. Procedure

4112 Personnel Records

Personnel Records 
Policy #4112
Adopted:  1/11/1996
Supersedes / Amends:  New Policy 

 

 

 

Personnel records shall be kept on all current employees and shall include information usually expected in good personnel administration.

A file shall be kept for all resigned or retired employees, including such essential information as shall seem appropriate to the administration.

All personnel files will be considered confidential and will not be available to persons other than the employee and those authorized by the superintendent.

Records of personnel performance and evaluation shall not be released without the written consent of the person.

The superintendent, on behalf of the board, shall notify an employee involved at an off-duty time in the presence of an administrator.  Upon request, a professional employee will be provided a copy of supervisory records and reports maintained in said employee’s personal file as a guide to evaluation of performance.

Legal Reference:          Connecticut General Statutes

                                      1-19b Agency administration. Disclosure of personnel and tax records

                                      10-151a Access of teacher to supervisory records and reports in personnel file                                            

                                      10-151c Records of teacher performance and evaluation not public records.

Public Act 87-285 An Act Concerning Personnel Records                            

4118-11 Nondiscrimination

Nondiscrimination 
Policy # 4118-11
Adopted: 2/07/12 
Supersedes / Amends: New Policy 

 

 

 

It is the intent of the Board of Education to provide a fair employment setting for all persons and to comply with state and federal law. The conditions or privileges of employment in the school district, including the wages, hours, terms and benefits, shall be applied without regard to race, color, religious creed, age, veteran's status, genetic information, marital status, national origin, sex, sexual orientation, gender identity or expression, ancestry, present or past history of mental disorder, mental retardation, pregnancy or physical disability.

The District shall not discriminate against qualified individuals with disabilities because of the disabilities of such individuals in regard to job application procedures, hiring, advancement, discharge, compensation, job training and other terms, conditions and privileges of employment.

The District shall not engage in contractual or other arrangements that have the effect of subjecting its qualified applicants or employees with disabilities to discrimination on the basis of disability. The District shall not exclude or otherwise deny equal jobs or job benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a relationship or association.

Further, the District shall make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the business of the District.

Any job applicant or employee wishing to discuss the need for a reasonable accommodation, or other matters related to a disability or the enforcement and application of this policy, should contact the District's ADA/Section 504 Coordinator. The District's coordinator is the Director of Special Education.

(cf. 4111 - Recruitment and Selection)

(cf. 4118.14/4218.14 – Disabilities)

Legal Reference:  Connecticut General Statutes

4a-60 Nondiscrimination and affirmative action provisions in contracts of the state and political subdivisions rather than municipalities

4a-60a Contracts of the state and political subdivisions, other than municipalities, to contain provisions re nondiscrimination on the basis of sexual orientation

10-153 Discrimination on account of marital status

46a-60 Discriminatory employment practices prohibited

46a-81a Discrimination on the basis of sexual orientation

P.A. 11055 An Act Concerning Discrimination

Title VII, Civil Rights Act 42 U.S.C. 2000e, et seq.

The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212

Title II of the Genetic Information Nondiscrimination Act of 2008

4118.15 Workplace Bullying

Workplace Bullying 
Policy #4118.15
Revised:  2/10/2015
Supersedes / Amends:  3/14/2012

 

 

 

The purpose of this policy is to promote a healthy, positive workplace climate so that every individual is able to contribute fully to our educational community. Every person has the right to dignity at work. The rights and responsibilities described in this policy apply to all employees, parents, and all who utilize or visit District facilities.

The Board requires all of its employees to treat all other employees, as well as students, with dignity and respect. Building principals and supervisory staff need to be sensitive to signs of stress among staff. During periods of high stress, staff may be observed acting in an unprofessional manner with each other. Unprofessional behavior must be dealt with, and not ignored. Further, rudeness will not be tolerated among the staff.

Consequences of Bullying in the Workplace

The Board of Education (Board) does not condone bullying in the workplace. Workplace bullying is antithetical to maintaining a congenial and healthy workplace. The Board desires to provide a workplace that is free from violence, harassment, intimidation, and other disruptive behavior. The Board is concerned that bullying in the workplace can affect people in a number of serious ways, which include:

·         High stress; post-traumatic stress disorder (PTSD);

·         Loss of self-confidence;

·         Deterioration in the quality of work;

·         Increased absenteeism;

·         Financial problems due to absence;

·         Lack of communication and teamwork;

·         Lack of confidence in the District leading to lack of commitment to the position;

·         Reduced self-esteem;

·         Musculoskeletal problems;

·         Phobias;

·         Sleep disturbances;

·         Increased depression/self-blame; and/or

·         Digestive problems.

Definitions

“Workplace Bullying” is defined as conduct that a reasonable person would find hostile, intimidating, offensive, humiliating or an abuse of authority.  It may be verbal, nonverbal, public or private.  It is typically behavior repeated across multiple incidents; a single incident is rarely a violation.  It may originate from any employee or from any individual to another.  It is also bullying to continue policy-violating conduct when the targeted individual requests that it cease.

"Mobbing" is a particular type of bullying behavior carried out by a group rather than by an individual. Mobbing is the bullying or social isolation of a person through collective unjustified accusations, humiliation, general harassment or emotional abuse. Although it is group behavior, specific incidents such as an insult or a practical joke may be carried out by an individual as part of mobbing behavior.

Examples of Bullying in the Workplace

Inappropriate behavior includes actions that intimidate, offend, degrade or humiliate a worker, which at times can occur in the presence of co-workers, students, parents, contractors or visitors to the school or school activities. The

Board believes that:

·         Bullies can be supervisors, subordinates, co-workers, and colleagues;

·         Bullies often operate within the established rules and policies of their organization; and

·         The damage that such actions cause, both to the targeted employee and to workplace morale, is significant.

The Board believes it is necessary to maintain a congenial, healthy and supportive workplace in order to avoid institutional bullying. Institutional bullying is when bullying becomes entrenched in an organization and becomes accepted as part of the workplace culture.

In order to develop and maintain a congenial, healthy and supportive workplace that contributes in a positive manner to the educational services provided to the students of the District, the Board considers the following examples of bullying as a detriment in the educational workplace.

The illustrative examples of bullying include, but are not limited to:

·         Provocative or dehumanizing name calling;

·         Belittling the person;

·         Discounting or humiliating people at meetings;

·         Deliberate exclusion from job-critical decision-making opportunities;

·         Preventing an employee from meeting students' academic potential;

·         Unwarranted or invalid criticism;

·         Blame without factual justification;

·         Being treated differently than the rest of a person's work group;

·         Being sworn at;

·         Exclusion or social or physical isolation;

·         Rumors (or failing to stop them) and gossip about a person or school's reputation; Being shouted at or being humiliated;

·         Being the target of practical jokes;

·         Subjected to excessive monitoring; and

·         Other inappropriate behavior includes actions that intimidate, offend, degrade or humiliate a co-worker, including occurrences in front of other co-workers, students, parents, contractors or visitors.

Reporting of Workplace Bullying/Procedures

Employees who believe they have been subjected to workplace bullying should report to the Building Principal/Superintendent of Schools in writing. The report should include details of the date, time, place and the specific conduct which occurred. The Building Principal/ Superintendent or his/her designee will seek to maintain confidentiality while investigating the incident(s) but may discuss the situation with other supervisors/administrators or, if deemed necessary, with the Chairperson of the Board, via the Superintendent of Schools. The District will implement appropriate remedial measures. Disciplinary action may be taken if the severity of the workplace bullying makes that intervention appropriate. While investigating and responding to the prohibited misconduct, the Principal/Superintendent, or his/her designee, will give priority to avoiding possible retaliation or reprisals, while restoring and maintaining a congenial and healthy workplace.

At times, incidents of workplace bullying can be handled effectively in an informal manner. If an incident occurs that is offensive, it may be sufficient to explain clearly to the offender that the behavior is unacceptable. If the circumstances are too difficult or embarrassing for an individual, support may be sought from another colleague, a contact person, staff representative or an administrator. A complaint may decide, for whatever reason, to bypass the informal procedure and proceed to the filing of a written complaint.

Related Considerations

Bullying must not be confused with the non-abusive exercise of management rights to assign tasks, coach, and reprimand or take disciplinary actions against employees. Any administrator, supervisor or individual in a position of leadership to whom a complaint is reported (verbally or in writing) must take appropriate action according to internal procedures. Failure to comply may result in disciplinary action.

Freedom from retaliation is protected under this policy. Retaliation is a separate offense from the original claim of bullying. Protected individuals include complainants, or anyone who testifies, assists, or participates in any manner in an investigation or proceeding, internal or external, pertaining to the allegation of bullying.

Misuse of the policy is a violation of the policy itself.

This policy supplements but does not replace the District’s policies pertaining to discrimination and harassment.

(cf. 0521 — Nondiscrimination)

(cf. 1316 — Conduct on School Property)

(cf. 4118.11/4218.11 — Nondiscrimination)

(cf. 4118.112/4218.112 — Sexual Harassment)

(cf. 4118.13/4218.13 Conflict of Interest)

(cf. 4118.211 — Retaliation and Whistle-Blowing)

(cf. 4118.24/4218.24 -- Staff/Student Relations)

(cf. 5131.911 Bullying)

Legal Reference:   Connecticut General Statutes

10-221 Boards of education to prescribe rule(s), policies, and procedures.

10-238 Petition for hearing by board of education.

4118.5 Internet Staff - Acceptable Use

Internet Staff - Acceptable Use 
Policy # 4118.5
Adopted: 4/12/2005
Supersedes / Amends: 

 


 

We are pleased to offer staff of the Winchester School District access to district computer technology resources, including the Internet.  This powerful educational resource will increase their teaching potential and expand their knowledge of the world we live in.  The skills required for using a computer network and the Internet are becoming more important to the long-term success of our students as they advance in education and prepare for the working world.  The Winchester School District is pleased to be able to offer staff this opportunity.

In all academic environments, structure and a commitment to a code of behavior is vital to the learning process.  As a result, the Winchester School District has instituted an Acceptable Use of Technology Policy for Staff (see Policy 6141.32 for corresponding Student policy).  The intention of this policy is to establish each user’s rights and responsibilities, as well as to delineate certain prohibited activities.   The policy applies to all users of the system.

I.    Purpose of Technology Use

Through technology, the District provides access for staff to resources from around the world. Expanding technologies take staff beyond the confines of the classroom.  The use of technology will also provide tremendous opportunities for enhancing, extending, and rethinking the learning process. This new capability, however, requires guidelines for staff.     

II.   The Opportunities and Risks of Technology Use

The Board believes the value of technology outweighs the hazards of its misuse. Making network access available, however, carries with it the potential that some network users will encounter sources that some consider controversial or inappropriate.  The District employs a content filtering package that blocks access to objectionable sites; however, the District cannot completely predict or control what users may or may not locate. Users must be wary of the sources and content and take responsibility when choosing information to be accessed.

No technology is guaranteed to be error free or totally dependable, nor is it safe when used irresponsibly. Among others matters, the District is not liable or responsible for:

1.   any information that may be lost, damaged, or unavailable due to technical, or other difficulties;

2.   the accuracy or suitability of any information that is retrieved through technology;

3.   breaches of confidentiality;

4.   defamatory material; or

5.   the consequences that may come from failure to follow District policy and procedures governing the use of technology.

III.   Privileges and Responsibilities

Every staff member has the privilege of using the district’s computer technology system.  The use of the school district’s system and access to use of the internet is a privilege, not a right.  Exercising this privilege requires that users accept the responsibility for all material viewed, downloaded, and/or produced.

The actions of users accessing networks through the District reflect on the School District; therefore, users must conduct themselves by exercising good judgment and complying with this policy and any accompanying administrative regulations and guidelines.

IV.  Disciplinary Actions
Depending upon the nature and degree of violations and number of previous violations, unacceptable use of the school district system or the internet may result in one or more of the following consequences; suspension or cancellation of use of access privileges; payments for damages and repairs; discipline under other appropriate school district policies including suspension, or expulsions. Disciplinary action will be determined by the administration, staff, and/or the Board of Education.

V.  Confidentiality

By authorizing use of the school district’s technology system, the school district does not relinquish control over materials on the system or contained in files on the system.  Users must recognize that there is no assurance of confidentiality with respect to access to transmissions and files by persons outside, or from persons inside the District. The District also reserves the right to log technology use, to monitor file server space utilization by users, and to examine users' files and materials as needed; therefore, users cannot expect absolute privacy from District personnel as to their use of technology.

Only when school authorities have reasonable suspicion that a search will uncover a violation of law or school district policy an individual investigation or search will be conducted. The school district will cooperate fully with local, state and federal authorities in any investigation concerning or related to any illegal activities and activities not in compliance with school district policies conducted through the school district system.

VI.   Additional Rules/Actions
The Board of Education and the Superintendent may establish additional regulations and guidelines, and take appropriate action to implement this Policy.

 

 

WINCHESTER PUBLIC SCHOOLS

Winsted, Connecticut

INTERNET ACCEPTABLE USE POLICY 

REGARDING DISTRICT STAFF

STAFF ACCESS TO NETWORKED INFORMATION and RESOURCES PROCEDURES

Staff utilizes the district computer technology resources on a regular basis as a tool for education and communication. Our goal for providing information technology access to teachers and students is to promote educational excellence by facilitating worldwide information and resources sharing, innovation, and communication.  The network is provided for staff and students to conduct research, complete assignments, and communicate with others.

The District expects that faculty will blend thoughtful use of the Internet throughout the curriculum and will provide guidance and instruction to students in its use.  As much as possible, access from school to Internet resources should be structured in ways which point students to those which have been evaluated prior to use.  While students will be able to move beyond those resources to others that have not been previewed by staff, they shall be provided with guidelines and lists of resources particularly suited to learning objectives.

Communications over the network are often public in nature therefore general rules and standards for professional behavior and communications will apply.

 

Winchester Public School Acceptable Use Policy

After reading each Code of Behavior, initial in space provided.

___ 1. Users will not use the district computer technology resources to access, review, upload, download, store, print, post, or distribute pornographic, obscene or sexually explicit material or other visual depictions that could be harmful to minors.

___ 2. Users will not use district computer technology resources to access, review, upload, download, store, print, post, or distribute materials that use language or images that are inappropriate to the educational setting or disruptive to the educational process and will not post information or materials that could cause damage or disruption.

___ 3. Users will not use the district computer technology resources to access, review, upload, download, store, print, post, or distribute materials that use language or images that advocate violence or discrimination toward other people (hate literature) or that may constitute harassment or discrimination.

___ 4. Users will not use the district computer technology resources to knowingly or recklessly post false or defamatory information about a person or organization, or to harass another person, or to engage in personal attacks, including prejudicial or discriminatory attacks.

___ 5. Users will not use the district computer technology resources to engage in any illegal act or violate any local, state or federal statute or law.

___ 6. Users will not use the district technology resources to vandalize, damage or disable the property of another person or organization, make deliberate attempts to degrade or disrupt equipment, software or system performance by any other means, will not tamper with, modify or change the school district system software, hardware or wiring or take any action to violate the school district system's security, and will not use the school district system in such a way as to disrupt the use of the system by other users.

___ 7. Users will not use the district computer technology resources to gain unauthorized access to information resources or to access another person's materials, information, or files without the direct permission of that person.

___ 8. Users will not use the district computer technology resources to download miscellaneous applications which will include instant messenger, search/tool bars, or music, etc.

___ 9. Users will not use the district computer technology resources to post private information about another person, personal contact information about themselves or other persons, or other personally identifiable information, including but not limited to, home addresses, telephone numbers, identification numbers, account numbers, access codes or passwords, labeled photographs or other information that would make the individual's identity easily traceable, and will not repost a message that was sent to the user privately without permission of the person who sent the message.

___10. Users will not attempt to gain unauthorized access to the school district system or any other system through the school district system, attempt to log in through another person's account, or use computer accounts, access codes or network identification other than those assigned to the user.

___11. Users will not use the school district system to violate copyright laws, or usage licensing agreements, or otherwise to use another person's property without the person's prior approval or proper citation, including the downloading or exchanging of pirated software or copying software to or from any school computer, and will not plagiarize works they find on the Internet.

___12. Users will not use the school district system for the conduct of a business, for unauthorized commercial purposes or for financial gain unrelated to the mission of the school district. Users will not use the school district system to offer or provide goods or services or for product advertisement.

 ___13. If a user inadvertently accesses unacceptable materials or an unacceptable Internet site, the user shall immediately disclose the inadvertent access to an appropriate school district official. This disclosure may serve as a defense against an allegation that the user has intentionally violated this policy.

 ___14. Network administrators may be called on to review files and communications to maintain system integrity and to ensure that staff members are using the system responsibly. Users should not expect that files stored on district servers will be private.

___15. Inappropriate behavior, violations, or complaints will be routed to the employee's supervisor for appropriate action. Violations may result in a loss of access and/or disciplinary action. When applicable, law enforcement agencies may be involved.

 ___16. Each employee will be given copies of this policy and procedures and will sign an acceptable use agreement before establishing an account or continuing the use of existing account. The District reserves the right to amend its policies and procedures regarding Staff Access to Networked Information Services and acceptable use agreements.                                                  

055

New 04/05

 

WINCHESTER PUBLIC SCHOOLS

WINSTED, CONNECTICUT

STAFF ACCEPTABLE USE POLICY

SIGNATURE FORM

ACCEPTABLE USE AGREEMENT

The following is the Winchester School District’s Acceptable Use Policy.  Please read this policy carefully and address your question(s) to your building principal or supervisor for clarification.

Acceptable Use Policy

___ (initial) The Winchester School District expects the appropriate and ethical use of the district’s computer technology resources.  Therefore, the Winchester School District assumes that all staff will use these resources with personal integrity and pride. Remember that whenever you use a network, you leave “electronic footprints”.  It is your responsibility to follow the Acceptable Use Policy Code of Behavior

Staff Member (Print Legibly or Type): ______________________________________________

Location:  ________________________________________________   Date:__________________

                                   

Acceptable Use Policy User Agreement

___ (initial) I have read the District’s Acceptable Use Policy.  My signature on this document means that I have read and understand the Acceptable Use Policy and that I agree to abide by the guidelines as established.  I understand that if I violate the rules my use of computers and/or my access to the Internet may be terminated and that I may face other disciplinary measures.

Staff Member (Print Legibly or Type): ______________________________________________

Location:  ________________________________________________   Date:__________________

05

New: 04/05 

4121 Substitute Teachers

Board of Education Policy Regarding
Personnel / Substitute Teachers
Policy # 4121
Revisions:  Approved 3/20/2018 
Supersedes / Amends:  4121 dated 01/11/96, 02/07/2012

A substitute teacher shall be a person who has earned a Bachelor's Degree, is fully qualified to instruct in our schools and who is employed for short periods of time in the absence of the regular teacher. The Commissioner of Education may waive requirement for a Bachelor’s degree for good cause upon the request of the Superintendent of Schools.

The Board or Superintendent shall only hire applicants for substitute teaching positions who comply with the reference and background checks as detailed in Policy #4112.51 / 4212.51 and who comply with the required disclosure requirements and after requesting information from the applicant’s prior employers and SDE.  The Board or Superintendent shall determine which such persons are employable as substitute teachers and maintain a list of such persons.  The Board or Superintendent shall hire only substitutes who are on such list.

Suitable programs for training, assigning, orienting and evaluating the work of substitute teachers shall be provided by the certified staff under the direction of the Superintendent.

Rates of compensation for substitute teachers will be set by the Superintendent. 

It will be the responsibility of the Principal or his/her designee to assign a substitute to fill any vacancy by the temporary absence of a regular staff member. The substitute teacher will be selected from a list of approved substitutes furnished by the Superintendent's office.

Only fully certified replacement teachers will be assigned to classes whose regular teachers are on long-term leaves of absence of forty (40) days or more. Principals will attempt to maintain as much continuity as possible by engaging only one substitute for the full period of absence of one teacher and by calling back a substitute to serve in a classroom in which he/she has already performed successfully.

Substitute teachers will not participate in the health and welfare plans or other fringe benefits of the school system. However, substitute personnel hired to fill the position of an employee absent on an extended leave will be entitled to the privileges and benefits afforded regular professional employees, with the exception that the term of employment ordinarily will cease at the scheduled termination of the regular teacher's leave.

Retired teachers may be employed as substitute teachers without jeopardizing their retirement salary within the limits as prescribed by law.

Legal Reference:         Connecticut General Statutes

10-183v Reemployment of teachers.

10-145a Certificates of qualification for teachers.

June 19 Special Session, Public Act No. 09-1

An Act Implementing the Provisions of the Budget Concerning Education, Authorizing State Grant Commitments for School Building Projects and Making Changes to the Statutes Concerning School building Projects and Other Education Statutes. (Section 48) Public Act No. 09-6 September Special Session

10-221d Criminal history records checks of school personnel, Fingerprinting. Termination or dismissal.  (as amended by PA 16-67)

10-222c Hiring policy.  (as amended by PA 16-67)

4131 Appendix In Service

Appendix In Service 
Policy # 4131 
Adopted:  9/11/2012
Supersedes / Amends:  1/11/1996

 

 

 

Connecticut General Statutes 10-220a – In-service Training

A. Required In-service Topics for Certified Personnel

1.  Nature and the relationships of drugs and alcohol to health and personality development and procedures for discouraging their abuse.

2.  Health and mental health risk reduction education including, but not limited to the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, violence, teen dating, domestic violence, child abuse and youth suicide.

3.  Growth and development of exceptional children, including handicapped and gifted and talented children including but not limited to, children with attention deficit hyperactivity disorder or learning disabilities who may require special education, and methods for identifying, planning and working effectively with special needs children in a regular classroom, including, but not limited to, implementation of student individualized education programs.

4.  School violence prevention and conflict resolution and the prevention of and response to youth suicide.

5.  Identification and prevention of bullying and response to bullying, as defined in 10-222d, subsection (a) as amended. (Boards that implement an evidence-based model approach approved by the SDE are not required to provide in- service training on prevention of bullying.)

6.  Cardiopulmonary resuscitation and other emergency life saving procedures.

7.  Computer and other information technology as applied to student learning and classroom instruction, communications and data management.

8.  Teaching of the language arts, reading and reading readiness for teachers in grades kindergarten to three, inclusive.

9.  Second language acquisition in districts required to provide a program of bilingual education pursuant to C.G.S. 10-17f.

10. Requirements and obligations of a mandated reporter regarding reporting of child abuse and neglect.

11. Training in the evaluation of teachers for superintendents and those employees employed in positions requiring an intermediate administrator or supervisory certificate whose duties equal at least 50% of the assigned time. (15 hours every 5 years)

12. Training in the teacher evaluation and support program (not later than July 1, 2014) developed pursuant to subsection (b) of Connecticut General Statute 10- 151b, as amended.

13. Certified staff with an endorsement in special education, holding a position requiring such endorsement shall have at least ten hours of training every five years in the implementation of student individualized education programs (lEPs) and the communication of individualized education program procedures to parents/guardians of students who require special education or related services.

Connecticut General Statutes lO-220a - In-service Training
B. Optional In-Service Topics for Certified Personnel

• Holocaust and genocide education and awareness

• African-American History

• Puerto-Rican History

• Native American History

• Personal Financial Management

• The historical events surrounding the Great Famine in Ireland

• Cardiopulmonary Resuscitation and the Use of External Defibrillators

4131a Staff Development

Board of Education Policy Regarding:

Personnel/Staff Development

Policy:  4131(a)
Amended:  Approved 4/10/18

Supersedes/Amends: 4131 adopted 9/11/12, 1/11/96

See Also:

Personnel - Certified

Staff Development

“Staff development” is viewed by the Board of Education (Board) as a continuous systematic effort to improve educational programs in this school district through (1) staff involvement in organized program planning, implementation and evaluation efforts, and (2) activities to upgrade the skills, knowledge and ability of educators to improve student learning.

Each certified employee, shall annually participate in a program of professional development, of not fewer than eighteen hours in length, of which a preponderance is in a small group or individual group settings. The professional development program shall:

1.be a comprehensive, sustained and intensive approach to improving teacher and administrator effectiveness in increasing student knowledge achievement;

2.focus on refining and improving various effective teaching methods that are shared between and among educators;

3foster collective responsibility for improved student performance, and

4.be comprised of professional learning that is aligned with rigorous state student academic achievement standards, conducted at the school among educators and facilitated by principals, coaches, mentors and distinguished educators or other appropriate teachers, occurs frequently on an individual basis or among groups of teachers in a job-embedded process of continuous improvement, and includes a repository or best practices for teaching methods developed by educators within each school that is continuously available to such educators for comment and updating.

Staff development experiences, made available by the Board directly, or through a RESC, with another Board of Education or through a provider approved by the Commissioner, and shall be consistent with any goals identified by the certified employees and the Board.

The Board believes that staff development experience should be comprehensive, sustained, and intensive enough to improve teacher and administrator effectiveness in raising student performance, and foster collective responsibility for improved student performance.

Teachers must constantly review curricular content, teaching methods and materials, educational philosophy and goals, social change and other topics related to education to enhance the capabilities of educators to improve student learning. The Board of Education recognizes that it shares with its certified staff responsibility for the upgrading and updating of teacher performance and attitudes. The Board of Education and teachers’ organizations support the principle of continuing training of teachers and the improvement of instruction.

All employees shall be provided opportunities for the development of increased competence beyond that which they may attain through the performance of their assigned duties.

The Board, in order to determine its professional development program seeking the advice and assistance of teachers, shall establish a professional development and evaluation committee, consisting of certified employees, including representatives of the exclusive bargaining representative for such employees. Committee membership shall consist of at least one representative from each of the teachers’ and administrators’ unions and other school personnel the Board deems appropriate.  The duties of the committee shall include, but not be limited to, participation in the development of a teacher evaluation and support program for the District, the development, evaluation and annual updating of a comprehensive local professional development plan, in fulfillment of the statutes, for certified employees of the District.  Such plan shall (1) be directly related to the educational goals proposed by the Board pursuant to C.G.S. 10-220(b), (2) be developed in full consideration of the priorities and needs related to student outcomes as determined by the State Board of Education, and (3) provide for the ongoing and systematic assessment and improvement of both teacher evaluation and professional development of the Board’s professional staff members, including personnel management and evaluation training or experiences for administrators, shall be related to regular and special student needs and may include provisions concerning career incentives and parent involvement.

The members chosen by the Board to be on the professional development and evaluation committee shall serve at the pleasure of the Board.

Special effort shall be made to prepare teachers and other school personnel to meet the needs of students of diverse cultural and ethnic backgrounds. Planning and implementation of such programs shall be done cooperatively by administration, teachers and parent advisory groups.  Special effort shall also be given to administrators and/or supervisors in training pursuant to their obligations in the evaluation of the teacher.

Staff development activities should respond directly to the educational needs of the student body. The in-service program shall fulfill all applicable statutory requirements, especially those delineated in CGS 10-220a, as amended.

Such in-service training program for certified staff shall provide information on (1) the nature and the relationship of drugs and alcohol to health and personality development and procedures for discouraging their abuse, (2) health and mental health risk reduction education that includes, but need not be limited to, the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, violence, teen dating violence, domestic violence and child abuse, (3) school violence prevention, conflict resolution, the prevention of an response to youth suicide and the identification, prevention of and response to bullying, (4) cardiopulmonary resuscitation and other emergency life-saving procedures, (5) the requirements and obligations of a mandated reporter, and (6) the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia, as define in CGS 10-3d.

P4131(b)

Personnel -- Certified

Staff Development (continued)

The Board will allow any paraprofessional or noncertified employee of the District to participate, on a voluntary basis, in any in-service training program provided to certified staff on those topics mandated per C.G.S. 10-220a, subsection (a).

The Superintendent is to report annually to the Board of Education on the professional development program and its effect with recommendations for changes as needed.

Professional Development Pertaining to Human Trafficking

The Board, in compliance with PA 17-32, shall provide training pertaining to human trafficking to those staff members who have contact with students. These individuals must complete the initial educational training by July 1, 2018 and refresher training annually thereafter. New hires must complete the initial training within six months after their start date, or by July 1, 2018, whichever is later. This training shall use the training program, which includes a video presentation developed by the Department of Children and Families (DCF) pertaining to the awareness of human trafficking issues and how to accurately and promptly identify and report suspected human trafficking.

(cf. 4115 - Evaluation)

Legal Reference:Connecticut General Statutes

10-27 Exchange of professional personnel and student10-220a In-service training. (amended by PA 04-227, PA 08-160, June 19 Special Session, Public Act No. 09-1, PA 10-91, PA 12-116, PA 13-145, PA 15-215, and PA 17-37.)

10-153b Selection of teachers’ representatives

10-226f Coordinator of intergroup relations.

10-226g Intergroup relations training for teachers.

10-145b Teaching certificates (as amended by PA 01-173)

10-148a Professional development (as amended by PA 17-37)

10-151(b) Employment of teachers. Definitions. Tenure

PA 17-32 An Act Concerning Human Trafficking

PA 17-37 An Act Implementing the Recommendations of the Task Force on Professional Development and In-service Training Requirements for Educators

Policy adopted:

rev 7/15

rev 6/17

 4131

Appendix

Connecticut General Statutes 10-220a - In-service Training

A.Required In-service Topics for Certified Personnel

1.Nature and the relationships of drugs and alcohol to health and personality development and procedures for discouraging their abuse.

2.Health and mental health risk reduction education including, but not limited to the prevention of risk-taking behavior by children and the relationship of such behavior to substance abuse, pregnancy, sexually transmitted diseases, including HIV-infection and AIDS, violence, teen dating, domestic violence and child abuse.

3.School violence prevention and conflict resolution and the prevention of and response to youth suicide and the identification and prevention of bullying and response to bullying, as defined in 10-222d, subsection (a) as amended. (Boards that implement an evidence-based model approach approved by the SDE are not required to provide in-service training on the identification and prevention of and response to prevention of bullying.)

4.Cardiopulmonary resuscitation and other emergency life-saving procedures.

5.Requirements and obligations of a mandated reporter regarding reporting of child abuse and neglect.

6.Training in the detection and recognition of, and evidence-based structured literacy interventions for, students with dyslexia.

7.Training in the awareness of human trafficking issues.

B.Optional In-Service Topics for Certified Personnel

The State Department of Education, within available appropriates and utilizing available materials, shall make the following subject matter available to boards of education:

Holocaust and genocide education and awareness

African-American History

Puerto-Rican History

Native American History

Personal Financial Management

The historical events surrounding the Great Famine in Ireland

Domestic violence and teen dating violence

Mental health first aid training

Trauma-informed practices for the school setting to enable teachers, administrators and pupil personnel to more adequately respond to students with mental, emotional or behavioral health needs

Second language acquisition, including, but not limited to, language development and cultural responsive pedagogy

Topics approved by the State Board of Education upon the request of local or regional boards of education as part of in-service training programs pursuant to CGS 10-220a, section 3.

NOTE: The Board may include any of the items listed above (Section B) in its in-service training program, pursuant to CGS 10-220a.

rev 6/17

4135 Organization Units

Organization Units
Policy #4135
Adopted:  1/11/1996 
Supersedes / Amends:  C Activities Professional Growth #3

 

 

 

Teacher-Administrator-Board of Education Relationships

Recognizing that providing a high quality education for children is the paramount aim of this school system, and good morale in the teaching staff is necessary for the best education of the children, the board of education encourages the participation of staff members in the activities of their professional organizations and encourages the organizations to exercise their rights and responsibilities that are clearly established by law:

1.     The board of education, under law, has the final responsibility of establishing policies for the school system.

2.     The superintendent and staff have the responsibility of carrying out the policies established.

3.     The certified teaching personnel have the ultimate responsibility for providing excellent education in the classroom.

Attainment of Goals

Attainment of the goals of the educational program conducted in the schools of the district requires mutual understanding and cooperation among the board of education, the superintendent and administrative staff, the certified personnel, the non-certified personnel and other citizens of the community. To this end, free and open exchange of views is desirable, proper and necessary.

Employee Organizations

It is recognized that employees have the right to join, or to refrain from joining, any organization for their professional or economic improvement and for the advancement of public education, but that membership in any organization shall not be required as a condition of employment in the schools of the district.

Employees shall not be interfered with, intimidated, restrained, coerced, or discriminated against, either by the school district or by employee organizations. They shall have the right to participate through representatives of their own choosing in the presentation of their views to the board of education.

Policy Development and Review

The superintendent is directed to consult with appropriate personnel and employee organizations in suggesting and establishing the desired polices and procedures relating to board of education teacher-administrator relationships and other matters as provided by law.

The board of education will annually review these polices and will consider suggested revisions or additions which will improve these relationships and promote the educational welfare of the children attending the schools of the district.

Bargaining Units

Unit clarifications petitions concerning the appropriate composition of an existing bargaining unit shall be filed with the Commissioner of Education.

Legal Reference:       Connecticut General Statutes

10-153a Rights concerning professional organization and negotiations.

10-153b Selection of teacher's representative.

10-153c Disputes as to elections.

10-153e Strikes prohibited. Interference with the exercise of employees' rights prohibited.

46a-60 Discriminatory employment practices prohibited.

4138 Non School Employment

Non School Employment 
Policy # 4138
Adopted: 1/11/1996
Supersedes / Amends:  C Activities - Professional Growth #3 

 

 

 

Personnel of the schools may receive compensation for outside activities as long as these activities do not interfere with the proper discharge of their assigned duties or do not cause poor public relations within the community. It is expected that any outside activity should be carried on in a businesslike and ethical manner.

4152.6 Family & Medical Leave Act

Board of Education Policy Regarding:
Personnel / Certified / Non-Certified
Policy # 4152.6(a)
Revisions: Approved 3/20/2018
Supersedes / Amends:  4152.6 - 4/10/12

Personal Leaves

Family and Medical Leave Act

The Board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA) as amended and the Family Medical Leave Act as part of the National Defense Authorization Acts of 2008 and for Fiscal Year 2010 (which expanded certain leave to military families and veterans for specific circumstances) and 2013 Final Rules. Eligible employees (employment for at least one-year and at least 1,250 hours actually worked in the twelve-month period immediately preceding the commencement of the leave) are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period. 

Paraprofessionals are also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve-month period preceding the commencement of the leave. A paraprofessional is defined as a school employee who performs duties that are instructional in nature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.

The District will continue to pay the District’s share of the employee’s health benefits during the leave.  In addition, the District will restore the employee to the same or an equivalent position with equivalent benefits, pay and other conditions of employment after the termination of the leave in accordance with Board policy and collective bargaining agreements.

Eligible employees are entitled to take unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:

  • A “qualifying exigency” as defined by Department of Labor regulations arising out of a covered family member’s covered active duty or Federal call to covered active duty (includes National Guard and Reserves) in the Armed Forces including deployment to a foreign country or to international waters;
  • To care for a covered family member who has incurred a serious injury or illness in the line of duty while on covered active duty in the Armed Forces (including as a member of the National Guard or Reserves) provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating;
  • To care for a covered family member who is a veteran who is undergoing medical treatment, recuperation or therapy for a service related illness or injury that was incurred or aggravated while on active duty and manifested itself before or after the member became a veteran, within five years after a veteran leaves service; and/or

P4152.6(b)

4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Family and Medical Leave Act (continued)

  • To care for a parent of a military member called to active duty provided the military member is the spouse, (including same-sex marriages*), parent or child of the employee.

When leave is due to a “qualifying exigency” of a service member, an eligible employee may take up to 12 workweeks of leave during any 12-month period.  When such leave is to care for an injured or ill service member, an eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member.  Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period.  Employees will not be deprived of any employment benefits accrued before taking FMLA leave.

The District will maintain health insurance benefits at the same basis as is provided to other similarly situated employees.  Conversely, employees on FMLA leave are not entitled to accrue any seniority or benefits during the leave unless determined otherwise due to a collective bargaining agreement.  When an employee returns from FMLA leave, benefits will be resumed in the same manner as provided prior to taking the leave, subject to any changes in benefit levels that may have occurred during the FMLA leave period and which affect the entire work force. Leave available for eligible employees under FMLA is not intended to supplement leave otherwise provided to such employees.  The District may require the eligible employee substitute any accrued vacation or sick leave for any part of the twelve-week period that may be taken for the serious health condition of a spouse, child or parent, or for the employee’s own serious health condition.

In complying with the FMLA, the District will adhere to the requirements of the Americans with Disabilities Act as well as other applicable federal and state laws.

The Board, in compliance with state statute, shall provide to its employees who are a party to a civil union with the same family and medical leave benefits under the federal Family Medical Leave Act (FMLA) as are provided to employees who are party to a marriage.  The term “marriage” includes a same-sex marriage which all states must now recognize, or common law marriages that either was entered into in Connecticut or another state that recognizes such marriages or if entered into out of Connecticut is valid in the place where entered into and could have been entered into in at least one state.  In addition, the Board shall allow its employees leave time under this policy to serve as organ or bone marrow donors.

The District, in compliance with FMLA’s regulations, will post and keep posted on its premises, in conspicuous places where employees are employed, a notice explaining the provisions of the FMLA and providing information concerning the procedures for filing complaints of violations of the Act.  Electronic posting may be utilized.

*Due to the Obergefell Supreme Court Decision, there is no distinction under the law between same sex and opposite sex spouses. It is advisable to refer to “marriage” and “spouse.”

P4152.6(c)

4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Family and Medical Leave Act (continued)

FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.

(cf. 4118.14 - Disabilities)

(cf. 4151.2 - Family Illness)

(cf. 4152.3 - Maternity; Adoptive; Child Care)

Legal Reference:         P.L. 103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of 1993, as amended by H.R. 4986, the National Defense Authorization Act for Fiscal Year 2008, Section 585.  29 U.S.C. §2601 et seq. and the National Defense Authorization Act for Fiscal Year 2010, Public Law 111-84, section 565, Title V.

Final Rule - published in Federal Register, Vol. 60, Nov. 4, Friday, January 6, 1995, as amended on February 3, 1995, March 30, 1995, and on November 17, 2008.  Rules and Regulations (29 CFR Part 825).

Final Rule – published in Federal Register, Vol. 78, Wed. February 6, 2013.
Final Rule – published in Federal Register, Vol. 80, No. 37, Wednesday, February 25, 2015

Connecticut General Statutes

46b-38oo Applicability of statutes to civil unions and parties to a civil union.

PA 07-245 An Act Concerning Family and Medical Leave for Municipal Employees.

PA 12-43 An Act Concerning Family and Medical Leave Benefits for Certain Municipal Employees

United States v. Windsor, U.S. 133 S. Ct. 2675 (2013)

Obergefell v. Hodges, No. 14-556, 135 S. Ct. 2584 (2015)

Regulations - 4152.6(a) - 4252.6
Personnel - Certified/Non-Certified

Personal Leaves

Family and Medical Leave Act

The following administrative regulations apply only to the Family and Medical Leave Act (FMLA).

For purposes of this regulation the term “marriage” is defined to include a same-sex marriage, legally recognized in all states.

For purposes of this regulation, the term “spouse” refers to any individuals who are lawfully married under any state law, including common law marriages.

Eligibility

An employee who has worked for the District for at least 12 months is eligible for 12 work weeks of FMLA leave during a 12-month period provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave.  The 12 months of employment need not be consecutive months.  Hours worked includes all hours, including overtime, an employee works but does not include paid leave time such as vacations, sick or personal leave, holidays etc.  Full time professional instructional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.  Pursuant to USERRA, an employee returning from fulfilling his/her National Guard or Reserve military obligation shall be credited with the hours of service that would have been performed but for the period of military service in determining whether he/she worked the 1,250 hours of service in the District. (§825.110)

Paraprofessionals are also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve-month period preceding the commencement of the leave. A paraprofessional is defined as a school employee who performs duties that are instructional in nature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.

For purposes of FMLA leave a 12-month period is the district’s fiscal year, July 1 through June 30.  (Note:  the district has the option of designating another 12-month period based on calendar year or other criteria set out in the act.  The other options include calendar year; the 12-month period measured forward from the date of an employee’s first FMLA leave date; 12-month period measured backward from the date the employee takes any FMLA leave.)  The 12 months of employment need not be consecutive months.

Regulations - 4152.6(b)

4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Family and Medical Leave Act (continued)

Serious Health Condition

A “serious health condition” that would entitle an employee to FMLA leave is one involving continuing treatment by a health care provider that results in a period of incapacity of more than three consecutive calendar days and involves either treatment two or more times by a health care provider or treatment by a health care provider on at least one occasion followed by a regimen of continuing treatment under the supervision of the health care provider.

Over the counter medication, bed rest, taking of fluids, exercise and other activities that can be initiated without a visit to a health care provider do not constitute continuing treatment.

Chronic conditions such as asthma and diabetes are considered a serious health condition even if individual episodes of incapacity do not last more than three days.  Furthermore, conditions need not be chronic or long term when the condition is one which is not ordinarily incapacitating but for which multiple treatments are given because the condition would likely result in a period of incapacity of more than three calendar days in the absence of medical intervention.  Regarding long-term chronic conditions, the condition need not be incurable.  The condition may involve a permanent or long-term incapacity and be one for which treatment may not be effective.  (29 C.F.R. 825.114.)

Health Care Provider

The definition of “health care provider” includes any health care provider recognized by the employer or accepted by the group health plan of the employer.  It also includes clinical social workers.  (29 C.F.R. 825.118.)

Types of Leave

An eligible employee may take FMLA leave for: (§825.200) incapacity due to pregnancy, prenatal medical care; the birth and first-year care of a child; (§825.120) the placement of a child with the employee by adoption or foster placement of a child; (§825.121) the serious illness of an employee’s spouse, parent or child; (§825.113, §825.122) the employee’s own serious health condition that keeps the employee from performing the essential functions of his/her job; (§825.113, §825.123) to care for an eligible member* of the Armed Forces who is undergoing medical treatment, recuperation, or therapy, or is otherwise on the temporary disability list for a serious injury or illness; (§825.122, §825.123) *spouse, son, daughter, parent or next of kin.

 

Regulations - 4152.6(c) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Types of Leave (continued)

a qualifying exigency (such as making legal, financial, and child care arrangements and taking care of family obligations), as defined by Department of Labor regulations of a spouse, child, or parent of the employee who is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty status in the Armed Forces including deployment to a foreign country or to international waters; and

a veteran suffering a service related illness or injury that was incurred or aggravated while on active duty (or existed before the beginning of the service member’s active duty and was aggravated by service in the line of duty on active service) within five years after a veteran leaves service.

An employee may elect, or the District may require, an employee to use accrued paid vacation, personal or family leave for any unpaid portions of family or medical leave taken for any reason.  In situations where the leave is for the employee’s own serious health condition, accrued paid sick leave shall be substituted for unpaid portions of family or medical leave prior to the substitution of accrued paid personal and accrued paid vacation leave. The amount of unpaid family or medical leave entitlement is reduced by the amount of paid leave that is substituted. (An employee may elect, or the District may require, an employee to use accrued vacation, personal or medical/sick leave for purposes of a medical leave.)  An employee cannot compel the District to permit the employee to use accrued medical/sick leave in any situation which the leave could not normally be used.

In cases in which the employee is absent due to a Worker’s Compensation injury that also qualifies as an FMLA serious health condition, and if the employee agrees with the Board to do so, the Board will apply the employee’s available accrued paid leave in increments as a supplement to the Worker’s Compensation weekly benefit in an appropriate amount so that the employee can maintain his/her regular weekly income.

All FMLA absences for the same qualifying reason are considered a single leave and the employee maintains eligibility as to that reason for leave throughout the applicable 12-month period.

An eligible employee for FMLA leave must receive at the time of their eligibility notice a written notice of “Rights and Responsibilities” detailing their specific expectations and obligations and explaining the consequences of their failure to meet these obligations.  This notice shall include any requirement to provide medical certification, the right to substitute paid leave, payment for benefits and job restoration rights upon expiration of the leave.

Regulations - 4152.6(d) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves (continued)

Spouses Employed by the School District

If spouses, as defined in this regulation, eligible for leave are employed by this school district, their combined amount of leave for birth, adoption, foster care placement and parental illness will be limited to a maximum combined total leave equal to 12 weeks in any twelve-month entitlement period.  If either spouse or both uses a portion of the total 12-week entitlement for the above cited purposes, each is entitled to the difference between the amount he/she has taken individually and the 12 weeks of FMLA leave for their own or their spouse’s serious health condition in the 12-month entitlement period. An employee may not take FMLA leave to care for a parent-in-law.

Unforeseeable, Continuous, Intermittent and Reduced Leave

Unforeseeable leave involves situations such as emergency medical treatment or premature birth.

Continuous leave is taken for a set number of days or weeks.

Intermittent leave is leave taken in separate blocks of time due to a single illness or injury rather than one continuous period of time.

Reduced leave is a leave schedule that reduces employee’s usual number of hours per work week, or hours per work day.

Intermittent or reduced leave is available only for the employee’s own serious health condition or to care for a seriously ill spouse, child or parent.  Such leave may not be used for the birth or adoption/placement of a child or to care for a newborn or recently adopted child.  In the case of foreseeable intermittent or reduced leave, the employee must schedule the leave to minimize disruption to the district’s operation.

An employee may take full-time, intermittent or reduced schedule leave whenever it is medically necessary for a serious health condition of the eligible employee, his or her spouse, child or parent. Intermittent leave or reduced schedule leave for other persons will be permitted only with the approval of the Superintendent or his/her designee.

The employee who wishes to use intermittent or reduced leave shall, whenever possible, give prior notification to the District.  Although the District and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule.  The district may provide such leave for medical leave but the district may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave provided said leave amounts to more than twenty (20) percent of the total number of working days in the period during which the leave would extend.  The employee must furnish the District with the expected dates of the planned medical treatment and the duration of the treatment.  The Superintendent must authorize such leave in writing.

Regulations - 4152.6(e) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Employee Entitlement to Service Member FMLA

The federal FMLA and the Connecticut paraprofessional FMLA provisions entitle eligible employees to take leave for a covered family (spouse, son, daughter, parent) member’s service in the Armed Forces.  Except as listed in this section, an employee’s rights and obligations to service member FMLA leave are governed by existing FMLA policy and regulations.

Service member FMLA provides eligible employees unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:

A “qualifying exigency” arising out of a covered family member’s active duty or call to covered active duty in the Armed Forces including deployment to a foreign country or to international waters may include issues arising from short notice deployment, attending certain military events, arranging for alternate childcare, attending school activities, addressing certain financial and legal arrangements, attending certain counseling sessions, engaging in rest and recuperation, parental care and attending post-deployment reintegration briefings as well as participating in additional activities arising out of the active duty or call to active duty. In order to secure leave for a qualifying exigency, employees must submit a completed DOL Form WH-384 along with a copy of the military member’s active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to covered active duty status, and the dates of the military member’s covered active duty service. DOL Form WH 384 must be completed and returned within 15 calendar days of the date the District distributes the Form to the employee;

To care for a covered family member who has incurred a serious injury or illness in the line of duty while on covered active duty in the Armed Forces including a member of the National Guard or Reserves, provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating; and/or

To care for a veteran suffering a service related illness or injury, as long as the veteran was a member of the Armed Forces, National Guard, or Reserves within five years of requiring care.

When leave is due to a “qualifying exigency” of a service member, an eligible employee may take up to 12 work weeks of leave during any 12-month period.  Eligible employees can take more than one period of leave if the leave is to care for different covered service members or to care for the same service member with a subsequent serious injury or illness, except that no more than 26 work weeks of leave may be taken within any single 12-month period.

Leave that qualifies both as leave to care for a covered service member and leave taken to care for a family member with a serious health condition during the “single 12-month period” cannot be designated and counted as both leave to care for a covered service member and leave to care for a family member with a serious health condition.

Regulations - 4152.6(f) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves (continued)

Employees are not obligated to provide notice to the District when they first become aware of a covered family member’s active duty or call to active duty status.  An employee’s obligation to provide notice of leave due to a qualifying exigency is triggered when the employee first seeks to take such leave.  Where this leave is foreseeable, eligible employees must provide notice to the District that is “reasonable and practicable.”

In compliance with the final FMLA rule, §825.310, separate certification requirements shall be utilized for military caregiver leave.  The District shall use the DOL WH-385 (Revised February 2013) form in obtaining medical certifications of Military Caregiver Leave.

When such leave is to care for an injured or ill service member, an eligible employee may take up to 26 work weeks of leave during a single 12-month period to care for the covered service member (either currently serving service member or covered veteran).  Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period. In order to care for a covered service member, an eligible employee must be the spouse, son, daughter, or parent or next of kin of a covered service member.

Service member FMLA runs concurrent with any other leave entitlements provided under federal, state or local law

In order to secure this extended leave, employees must submit a completed DOL Form WH-385 (current service member) or WH-385 (veteran). This Form must be completed and returned within 15 days of the date the district distributes the Form to the employee.

Definitions

Covered Service Member: A member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or a covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period five (5) years preceding the date on which the veteran undergoes that medical treatment, recuperation or therapy, and was discharged or released under conditions other than dishonorable at any time during the five year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran.

Regulations - 4152.6(g) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Definitions (continued)

Covered Active Duty: In the case of a member of a regular component of the Armed Forces, duty during deployment of the member of the Armed Forces to a foreign country; and in the case of a reserve component of the Armed Forces, duty during the deployment of the member with the Armed forces to a foreign country under a call or order to active duty under a provision of law referred to in 10 U.S.C. §101(a)(13)(B).

Next of Kin: The nearest blood relative of an individual. (In this order: brother, sister, grandparents, aunts, uncles, first cousins) Excluded are the covered service member’s spouse, parent, son or daughter, as they already are entitled to leave for this purpose.  A covered service member may designate, in writing, another blood relative as his or her nearest blood relative for purposes of military caregiver FMLA leave.  When no such designation is made, and there are multiple family members with the same level of relationship to the covered service member, all such family members shall be considered the covered service member’s next of kin and may take FMLA leave to care for the covered service member either consecutively or simultaneously. When a designation has been made, the designated individual shall be deemed to be the covered service member’s only next of kin.

Outpatient Status:                  
With respect to a covered service member, this means the status of a member of the Armed Forces assigned to:

(a) a military medical treatment facility as an outpatient; or

(b) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Qualifying Exigency:             
The U.S. Department of Labor’s definition of this term includes the following eight (8) situations: (1) short-notice deployment, (2) military events and related activities, (3) childcare and school activities, (4) financial and legal arrangements, (5) counseling, (6) rest and recuperation, (7) post deployment activities, and (8) additional activities to address other events which arise out of the covered military member’s active duty or call to active duty status, provided the employer and employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave. (See form WH-384)

Regulations - 4152.6(h) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Definitions (continued)

“Single 12-Month Period” The U. S. Department of Labor has determined that for purposes of military caretaker leave is a period that commences on the date an employee first takes leave to care for a covered service member with a serious injury or illness.

Serious Injury or Illness:        
In the case of a current member of the Armed Services, including a member of the National Guard or Reserves, means an injury or illness incurred by the member in the line of duty on active duty in the Armed Forces or existed before the beginning of the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces and that may render the member medically unfit to perform the duties of the member’s office, grade, rank or rating.

 In the case of a covered veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during a period of five (5) years preceding the date on which the veteran undergoes medical treatment, recuperation, or therapy, means a qualifying (as defined by the Secretary of Labor) injury or illness that was incurred by the member in line of duty on active duty in the Armed Forces or existed before the member’s active duty and was aggravated by service in line of duty on active duty in the Armed Forces and that manifested itself before or after the member became a veteran, and is

(i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member’s office, grade, rank, or rating; or

(ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or

(iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or

Regulations - 4152.6(i) / 4252.6

Personnel - Certified/Non-Certified

Personal Leaves

Definitions (continued)

(iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

In order to secure this extended leave, employees must submit a completed DOL Form WH-385 (current service member) or WH-385V (veteran).  This Form must be completed and returned within 15 calendar days of the date the District distributes the Form to the employee.

Leave to Care for a Covered Service Member

If the necessity for leave is foreseeable based on planned medical treatment, the employee shall:

1. make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District; and

2. provide the District with at least 30 days’ notice, before the date the leave is to begin, of the employee’s intention to take leave.  If the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.

The Board of Education may require that a request for leave to care for a covered service member be supported by a certification issued by the health care provider of the person in need of care.  The employee shall provide, in a timely manner, a copy of such certification to the District.

Certification will be sufficient if it states:

1. the date on which the serious health condition or serious injury or illness commenced;

2. the probable duration of the condition; and

3. the appropriate medical facts within the knowledge of the health care provider regarding the condition.

If leave is to be taken on an intermittent or reduced leave schedule for planned medical treatment, the certification must contain the dates on which such treatment is expected to be given and the duration of such treatment.

Regulations - 4152.6(j) / 4252.6

Personnel -- Certified/Non-Certified

Personal Leaves (continued)

Leave Related to Active Duty or a Call to Active Duty

If the necessity for leave because of a qualifying exigency arising from the fact that a family member is on covered active duty or has been notified of an impending call to active duty is foreseeable, the employee shall give such notice to the District as is reasonable and practicable.

The Board may require that a request for leave because of a qualified exigency arising from the fact that the employee’s spouse, son, daughter, or parent or covered service member is on covered active duty or has been notified of an impending call to covered active duty be supported by a certification issued in accordance with regulations issued by the Secretary of Labor.  If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the school district.

Benefits

The District will maintain the employee’s health coverage under the District’s group health insurance plan during the period of FMLA leave.  The Board will continue to pay its portion of medical insurance premiums for the period of unpaid family or medical leave.  The employee should make arrangements with the District to pay the employee’s share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave, to avoid loss of coverage. If the employee does not return to work after the leave’s expiration, the employee will be required to reimburse the District for payment of medical insurance premiums during the FMLA leave, unless the employee does not return because of a serious health condition or circumstances beyond the control of such employee.

The employee will not lose any other employment benefit accrued prior to the date on which leave began but is not entitled to accrue seniority or employment benefits during the leave period. Employment benefits could include group life insurance, sick leave, annual leave, educational benefits and pensions.

Notice

When the FMLA leave is foreseeable, the employee must notify the District in writing of his/her request for leave at least 30 days prior to the date when the leave is to begin.  The employee must explain the reasons for the needed leave so as to allow the District to determine whether the leave qualifies under FMLA.  Failure to give notice may result in the leave beginning thirty days after notice was received.  If the leave is not foreseeable, the employee must give notice as early as is practical under the facts and circumstances of the particular case, but no later than one to two work days after learning that leave will be necessary.  A spouse or family member or other responsible party may give the notice if the employee is unable to personally give notice.  When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the District’s operations.

Regulations - 4152.6(k) / 4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Notice (continued)

The District, as required, will post and keep posted on its premises, a notice explaining the provisions of FMLA and with information concerning the procedures for filing complaints of violations of the Act.  Electronic posting is sufficient to meet this posting requirement.  The notice must be posted even if the District has no FMLA-eligible employees.  The FMLA notice, in the absence of an employee handbook, shall be given to each employee when hired.

The District, when a request for FMLA leave is received, will provide the employee the following information, listing the employee’s obligations and requirements:

  1. A statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee’s annual 12-week entitlement.
  2. A reminder that employees requesting family and medical leave for a serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so.
  3. An explanation of the employee’s right to substitute paid leave for family and medical leave including a description of when the school district requires substitution of paid leave and the conditions related to the substitution.
  4. A statement notifying employees for paying any premium or other payments to maintain health or other benefits.

(This notice may be accompanied by the FMLA medical certification form if the District requests its employees to complete such form.  The notice of rights and responsibilities may be distributed electronically.)

The District must notify the employee, in writing, of his/her eligibility to take FMLA leave within five (5) business days of receiving said request, with medical certification(s) and any other required information, absent extenuating circumstances.  The District may provide the “Eligibility” and “Designation” notices at the same time if there is sufficient information to do so.

In situations where the District has failed to provide timely notice and the delay does not cause the employee harm or injury, retroactive notice may be provided.  In all cases where leave would qualify for FMLA leave protection, the District and the employee can mutually agree that the leave be retroactively designated as FMLA leave.

District failure to provide required notice can be considered “interference” with an employee’s FMLA rights.

Regulations - 4152.6(l) / 4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Notice (continued)

The District may deny the leave if the employee does not meet the notice requirements.

Certification

The District shall require the employee to provide certification of the employee’s serious health condition from a health care provider containing specific information required under the law if he/she requests a medical leave.  If there is a question concerning the validity of such certification a second, and, if necessary, a third opinion can be required both at the expense of the District.  The health care provider designated or approved by the District may not be employed by the school system on a regular basis.  In the case of a third opinion, the opinion of the third health provider will be binding on both the school district and the employee.  The District shall also require the employee to present medical certification of the family member’s serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

If the leave was for reasons related to the employee’s serious health condition, upon the employee’s return to work, the District will require that the employee present a fitness statement from the employee’s health care provider certifying that the employee is able to return to work.

The required certifications must be obtained from the health care provider who is treating the individual with the serious health condition.

Medical certification must be provided fifteen days after the request for medical certification unless it is impracticable to do so.  Employees taking family and medical leave for the birth, adoption or foster care of a son or daughter are not required to obtain a medical certification.  The District may request recertification every thirty days.  Recertification must be submitted within fifteen days of the District’s request.

The District will utilize separate medical certificates forms when employees request leave to care for a family member with a serious health condition and for those situations when the medical need for leave is prompted by the employee’s own serious health condition.

The District will notify employees, in writing, of any additional information that is necessary to complete the medical certificate and allow employees seven (7) calendar days to provide said additional information.  If the employee fails to submit a complete and sufficient certification despite the opportunity to cure the deficiency, the District may deny FMLA leave.

Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.  The District requires sufficient FMLA certification in support of any request for FMLA leave for either the employee’s own or a covered family member’s serious health condition.

Regulations - 4152.6(m)

4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Certification (continued)

Verification must also be presented when requesting FMLA leave to care for the employee’s spouse, son, daughter or parent with a serious health condition.

Upon request by the District, employees must provide FMLA certification even when substituting paid leave.

The District may request medical recertification for continuing, open-ended conditions, every six months.  Medical recertification may be requested on a more frequent basis if there are other changed circumstances or for other reasons as outlined in the FMLA regulations.

The District may require annual medical certifications in cases where serious health conditions extend beyond a single leave year.  This does not apply to certificates to support a request for injured service member leave.

Restoration

An employee’s right to return to the same or an equivalent position is contingent upon the employee’s continued ability to perform all the essential functions of the position.  The District may demand more than a “simple statement” of the ability to return to work.  Fitness for duty certification for intermittent leave may be requested by the District if reasonable safety concerns exist.

When the employee returns from leave, the District will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment shift, and geographically proximate workplace in accordance with Board policy, practices and applicable collective bargaining unit agreements.  Employees are entitled to any unconditional pay increase, such as cost of living increases, that occur during the period to their FMLA leave.

Under certain circumstances, the District may deny restoration to a key employee.  The District will comply with the notice requirements of the FMLA in denying restoration.  A key employee is one who is among the highest paid 10% of the employees and whose absence would cause the District to experience a substantial and grievous economic injury.

Further, the District may deny restoration to an employee if the District shows that the employee would not otherwise be employed at time of reinstatement for reasons such as layoff, shift or special project elimination.  In addition, collective bargaining agreements between the Board and employee groups will not diminish the rights of the employee established by FMLA.

A returning employee cannot be restored to a position that requires additional licensure of certification.

Employees are not entitled to accrue seniority during any FMLA leave, but taking the leave may not result in the loss of any benefits that were accrued prior to the leave.

Regulations - 4152.6(n) / 4252.6

Personnel -- Certified/Non-Certified

Personal Leaves (continued)

Instructional Employees

Special rules apply to instructional employees.  Instructional employees are those employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting.  This term includes teachers, athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired.  It does not include teacher assistants or aides who do not have as their principal job actual teaching or instructing, nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists.  It also does not include cafeteria workers, maintenance workers or bus drivers.

Limitations apply to instructional employees who take intermittent or reduced leave.  If the leave requested is:

1. to care for a family member, or

2. for the employees own serious health condition and is foreseeable based on planned medical treatment (i.e. chemotherapy, prenatal visits, physical therapy etc.) and

3. the employee would be on leave for more than 20% of the total number of working days over the period the leave would extend, then the District may require the employee to choose either to:

  1. take the leave for a period of a particular duration, not greater than the duration of the planned treatment; or
  2. transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits, and which better accommodates recurring periods of leave than does the employee’s regular position.  However, an instructional employee cannot be transferred to an alternative position when the employee takes intermittent leave that amounts to twenty (20) percent or less of the total number of working days in the period during which the leave would extend.

Intermittent leave is not available to take care of a newborn or recently adopted child.

Limitations also apply to instructional employees who take leave near the end of a semester.  When an instructional employee begins leave more than five weeks before the end of a semester the District may require the employee to continue taking leave until the end of the semester if:

  1. the leave will last at least three weeks, and
  2. the employee would return to work during the three-week period before the end of the semester.

An instructional employee, required to extend his/her leave by the District, shall not have the “extra” leave counted against the employee’s 12 work week entitlement unless the employee requests said additional leave be counted against the FMLA entitlement.

Regulations - 4152.6(o) / 4252.6

Personnel -- Certified/Non-Certified

Personal Leaves

Instructional Employees (continued)

When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the five-week period before the end of the semester, the District may require the employee to continue taking leave until the end of the semester if:

1. the leave will last more than two weeks, and

2. the employee would return to work during the two-week period before the end of the semester.

When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the three-week period before the end of a semester, and the leave will last more than five working days, the district may require the employee to continue taking leave until the end of the semester.

Leave may not be counted against an employee during times (vacation periods) when they are not normally required to work.

When the employee is required to take leave until the end of the semester, only the time until the employee is “ready and able” to work shall be charged to FMLA leave.

Failure to Return

The District is entitled to recover health care premiums paid during the leave if the employee fails to return from leave.  However, recovery cannot occur if the employee fails to return because of the continuation, recurrence, or onset of a serious health condition or due to circumstances beyond the control of the employee.

Miscellaneous

1. An employee’s serious health condition may also be a disability within the meaning of the Americans with Disability Act (ADA) which may also trigger requests for paid leave or workers’ compensation benefits.  The District may follow procedures for requesting medical information under the ADA or paid leave or worker’s compensation programs without violating the FMLA.  The District may also consider any information received pursuant to such procedures or benefit programs in determining an employee’s entitlement to FMLA-protected leave.

2. When employees seek leave due to an FMLA–qualifying reason for which the District has previously provided FMLA protected leave, the employee must specifically reference the qualifying reason for leave or the need for FMLA leave.

3. The District requires employees to comply with all usual and customary notice and procedural requirements for requesting leave, absent unusual circumstances.  The requirements include providing written notice of the reasons and anticipated start and duration of the leave or requirement that employees contact a specific individual of the District to request leave.

4. If there is a dispute between the District and an employee as to whether leave qualifies as FMLA leave, it shall be resolved through discussions between the District and the employee.  The discussions and decisions must be documented in writing.

Appendix I:  request for leave form

Appendix II: response to leave form

Special Provisions Concerning

Instructional Employees

In addition to the general leave requirements summarized for the Family and Medical Leave Act, the Act contains special rules which govern the family and medical leave rights of instructional employees.  Instructional employees are those employees whose principal function is to teach and instruct students in a class, small group or in an individual setting.  This term includes teachers, athletic coaches, driving instructors and special education assistants such as signers for the hearing impaired.  It does not include auxiliary personnel such as counselors, psychologists, curricular specialists, cafeteria workers, bus drivers or teacher aides who do not have as their principal job actual teaching or instruction.  These special rules represent a Congressional effort to balance the educational needs of children with the family and medical leave needs of teachers.

The first special rule applies in cases where a teacher or other instructor needs to be out of the classroom intermittently or on a reduced schedule because of planned medical treatments for a serious health condition.  If the teacher would be on leave for greater than 20 percent of the total number of working days during which the leave would extend, the Board may require the teacher to choose between (1) being temporarily transferred to a position outside of the classroom, which has equivalent pay and benefits and which better accommodates the teacher’s need for recurring leave; or (2) taking continuous leave for the entire treatment period rather than a leave on an intermittent basis.

The second special rule applies in cases where a teacher or other instructor is scheduled to return from a family or medical leave near the end of a school term.  A teacher may be required to extend the leave through the end of a term if he or she would otherwise have returned within the last two or three weeks of the term’s end, depending on when the leave began and its duration.  This special rule applies in three instances:  (1) when a teacher begins a leave of at least 3 weeks duration more than 5 weeks before the end of the term, and the teacher is scheduled to return to school during the last 3 weeks of such term; (2) when a teacher begins a leave of at least 2 weeks duration within the 5-week period preceding the end of the term, and the teacher is scheduled to return to school during the last 2 weeks of such term; or (3) when a teacher begins a leave of at least 5 days duration within the 3-week period preceding the end of the term.  In each of these instances, the Board of Education may require the teacher to extend his or her leave until the end of the semester in order to afford the teacher the needed leave without interrupting the educational process at a critical point in the school year.  In such cases, the teacher possesses the same rights to reemployment and continuation of health insurance benefits as are provided under the Act’s general provisions.

An instructional employee, when required by the District to extend his or her leave, shall not have the “extra” leave counted against the employees 12 work week entitlement unless the employee requests said additional leave be counted against the FMLA entitlement.

Summary of Family and Medical Leave Act

The purpose of the Family and Medical Leave Act is to provide an unpaid leave of absence which enables employees to be absent from work for up to 12 work weeks without losing certain benefits.  Such requests must be submitted in writing to the Superintendent.  Such requests will be approved in accordance with the procedure outlined below and in compliance with the Family and Medical Leave Act.

Eligible Employees

Employees are eligible for family and medical leave under the Family and Medical Leave Act of 1993 if these criteria are met:

1. The employee has worked for the District for at least twelve months or 52 weeks.  (The months and weeks need not be consecutive.)

2. The employee has worked at least 1,250 hours within the previous year.  Full time professional employees who are exempt from the wage and hour law may be presumed to have worked the minimum hour requirement.

3.  A paraprofessional is also eligible to benefits equal to those under the federal FMLA if such paraprofessional was employed for at least one year and for at least 950 hours over the previous twelve month period preceding the commencement of the leave.

4. A paraprofessional is defined as a school employee who performs duties that are instructional in mature or delivers either direct or indirect services to students and/or parents and serves in a position for which a teacher has ultimate responsibility for the design and implementation of educational programs and services.

Eligible Reasons for Family and Medical Leave

1. Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.

2. Because of the placement of a son or daughter with the employee for adoption or foster care.

3  In order to care for the spouse, or a son, daughter or parent of the employee if the spouse, son, daughter or parent has a serious health condition.

4. Because of a serious health condition that makes the employee unable to perform the functions of the position of such employee.

5. Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on active duty or has been notified of an impending call or order to active duty in support of a contingency operation.

Summary of Family and Medical Leave Act

Employee Obligations

When an employee requests family and medical leave, the school District will provide the employee with information listing the employee’s obligations and requirements.  Such information will include:

1. A statement clarifying whether the leave qualifies as family and medical leave and will, therefore, be credited to the employee’s annual 12-week entitlement.

2. A reminder that employees requesting family and medical leave for a serious health condition or for that of an immediate family member must furnish medical certification of the serious health condition and the consequences for failing to do so.

3. An explanation of the employee’s right to substitute paid leave for family and medical leave including a description of when the school District requires substitution of paid leave and the conditions related to the substitution.

4. A statement notifying employees for paying any premium or other payments to maintain health or other benefits.

Types of Leave

1. Foreseeable Family and Medical Leave

a. Definition – Leave is foreseeable for the expected birth or placement of a child or for planned medical treatment.

b. The employee must give at least thirty days’ notice for foreseeable leave.  Failure to give the notice may result in the leave beginning thirty days after notice was received.

c. An employee must consult with the District prior to scheduling planned medical treatment to minimize disruption to the District.  The scheduling of the planned medical treatment is subject to the approval of the health care provider.

2. Unforeseeable Family and Medical Leave

 a. Definition – Leave is unforeseeable in such situations as emergency medical treatment or premature birth.

 b. An employee must give notice as soon as possible but no later than one to two work days after learning that leave will be necessary.

 c. A spouse or family member may give the notice if the employee is unable to personally give notice.

Summary of Family and Medical Leave Act

Types of Leave

3. Continuous, Intermittent, and Reduced Leave

a. Continuous – Employee will not report to work for a set number of days or weeks.

b. Intermittent – Employee requests family and medical leave for separate period of time.

c. Reduced – Employee’s usual number of working hours per work week or hours per day are reduced.

d. Intermittent and Reduced Leave                     

1. Intermittent leave is available for the serious health condition of the employee, spouse, parent or child when medically necessary, or to care for a covered service member with a serious illness or injury.

2. In the case of foreseeable intermittent or reduced leave, the employee must schedule the leave to minimize disruption to the District’s operation.

3. During the period of foreseeable intermittent or reduced leave, the District may temporarily move the employee to an alternative position with equivalent pay and benefits that would better accommodate recurring periods of leave, provided the leave amounts to more than twenty (20) percent of the total number of working days in the period during which the leave would extend.

4. Service Member Family and Medical Leave

The federal FMLA and Connecticut paraprofessional FMLA entitles eligible employees to take leave for a covered family member’s service in the Armed Forces.  Except as listed in this section, an employee’s rights and obligations to service member FMLA leave are governed by existing FMLA policy and regulations.

Service member FMLA provides eligible employees unpaid leave for a covered family member’s service in the Armed Forces, for any one or for a combination of the following reasons:

A “qualifying exigency” as defined by Department of Labor regulations arising out of a covered family member’s covered active duty or Federal call to covered active duty (includes National Guard and Reserves) in the Armed Forces including deployment to a foreign country or to international waters

To care for a covered family member who has incurred serious injury or illness in the line of duty while on covered active duty in the Armed Forces (including as a member of the National Guard or Reserves) provided that such duty or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating;

Summary of Family and Medical Leave Act

Types of Leave 

To care for a covered family member who is a veteran  who is undergoing medical treatment, recuperation or therapy for a service related illness or injury that was incurred or aggravated while on active duty and manifested itself before or after the member became a veteran, within five years after a veteran leaves service; and/or

To care for a parent of a military member called to active duty provided the military member is the spouse, parent or child of the employee.

When leave is due to a “qualifying exigency” as defined by Department of Labor regulations of a service member, an eligible employee may take up to 12 work weeks of leave during any 12 month period.  Such leave may be taken on an intermittent or reduced leave schedule basis.

When such leave is to care for an injured or ill service member, an eligible employee (spouse, son, daughter, parent or next of kin) may take up to 26 work weeks of leave during a single 12 month period to care for the service member.  Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12 month period.

Service member FMLA runs concurrent with any other leave entitlements provided under federal, state or local law.

Use of Paid Leave

Employees may be required to use paid leave and vacation days at the start of the leave.  The remainder of the days will be unpaid.  Employees may elect to substitute accrued paid leave for unpaid family and medical leave.

Medical Certification

1. An employee shall be required to present medical certification of the employee’s serious health condition and inability to perform the functions of the position of the employee.

2. An employee shall be required to present medical certification of the family member’s serious health condition and that it is medically necessary for the employee to take leave to care for the family member.

3. An employee must obtain the certification from the health care provider who is treating the individual with the serious health condition.

4. The District may require the employee to obtain a second certification by a health care provider chosen by and paid for by the District if the District has reason to doubt the validity of the certification an employee submits.  The second health care provider cannot, however, be employed by the District on a regular basis.

Summary of Family and Medical Leave Act

(Winchester District Provisions) 

Medical Certification

5. If the second health care provider disagrees with the first health care provider, then the District may require a third health care provider to certify the serious health condition.  This health care provider must be mutually agreed upon by the employee and the school district and paid for by the school district.  This certification or lack of certification is binding upon both the employee and the District.

6. Medical certification must be provided fifteen days after the request for medical certification unless it is impracticable to do so.  Employees taking family and medical leave for the birth, adoption or foster care of a son or daughter are not required to obtain a medical certification.  The District may request recertification every thirty days.  Recertification must be submitted within fifteen days of the District’s request.

7. Family and medical leave requested for the serious health condition of the employee or to care for a family member with a serious health condition which is not supported by medical certification shall be denied until such certification is provided.

8. Any absence for illness for more than three (3) working days must be verified by a medical doctor.  Verification must also be presented when requesting FMLA leave to care for the employee’s spouse, son, daughter or parent with a serious health condition.

Continuation of Benefits

The employer must, if the employee elects to do so, maintain the employee’s coverage under any group health plan on the same conditions as coverage would have been provided if the employee remained at work for the twelve week period.  Accruals for vacation, sick and holiday pay will be suspended during the leave and will resume upon return to active employment.  Should an employee fail to return from a leave taken pursuant to the Family and Medical Leave Policy, the District may recover any premiums it has paid for maintaining group insurance during the employee’s leave unless the employee’s failure to return is prevented by a continuation of the employee’s serious health condition or that of an affected relative or circumstances beyond the employee’s control.

Employee and Spouse Both Employed by District

If an employee and the employee’s spouse are both employed by the District and a leave is taken for the birth, adoption or foster care of a son or daughter, or the care of a parent, the duration of the leave taken by both the employee and the spouse must not exceed 12 weeks in total.

Position Upon Return to Work

Upon return from leave, the employee will be restored to the employee’s former position or an equivalent position with similar duties, hours and pay.  The provisions of the Family and Medical Leave Policy are intended to comply with applicable law, including the Family and Medical Leave Act of 1993 (“FMLA”) and applicable regulations.  Any terms used from the FMLA will be defined by that Act and/or applicable regulations.  To the extent that this Policy is ambiguous or contradicts applicable law, the language of the applicable law will prevail.

rev. 3/13
rev 11/14

EMPLOYEE RIGHTS AND RESPONSIBILITIES

UNDER THE FAMILY AND

MEDICAL LEAVE ACT

Revised October 2014

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons:

For incapacity due to pregnancy, prenatal medical care or child birth;

To care for the employee’s child after birth, or placement for adoption or foster care;

To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

For a serious health condition that makes the employee unable to perform the employee’s job.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

Benefits and Protections

During FMLA leave, the employer must maintain the employee’s health coverage under any “group health plan” on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.  Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee’s leave.

Eligibility Requirements

Employees are eligible for federal FMLA benefits if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and if at least 50 employees are employed by the employer within 75 miles.

Paraprofessionals, as defined in state statute, are eligible if they have worked for a covered employer for at least one year, for 950 hours over the previous 12 months.

EMPLOYEE RIGHTS AND RESPONSIBILITIES UNDER THE FAMILY AND MEDICAL LEAVE ACT

Definition of Serious Health Condition

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than 3 consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

Use of Leave

An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while taking FMLA leave. In order to use paid leave for FMLA leave, employees must comply with the employer’s normal paid leave policies.

Employee Responsibilities

Employees must provide 30 days advance notice of the need to take FMLA leave when the need is foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with an employer’s normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the employer if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees also may be required to provide a certification and periodic recertification supporting the need for leave.

Employer Responsibilities

Covered employers must inform employees requesting leave whether they are eligible under FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities. If they are not eligible, the employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

 Interfere with, restrain, or deny the exercise of any right provided under FMLA;

Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional disclosures.

For additional information:

1-866-4US-WAGE (1-800-487-9243) TTY: 1-877-889-5627

WWW.WAGEHOUR.DOL.GOV

U.S. Department of Labor Wage and Hour Division

WHD Publication 1420 – Revised February 2013

NOTICE

Military Family Leave

On January 28, President Bush signed into law the National Defense Authorization Act for FY 2008 (NDAA), Public Law 110-181. Section 585(a) of the NDAA amended the FMLA to provide eligible employees working for covered employers two important new leave rights related to military service:

(1)   New Qualifying Reason for Leave. Eligible employees are entitled to up to 12 weeks of leave because of “any qualifying exigency” arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation. By the terms of the statute, this provision requires the Secretary of Labor to issue regulations defining “any qualifying exigency.” In the interim, employers are encouraged to provide this type of leave to qualifying employees.

(2)   New Leave Entitlement. An eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12-month period to care for the service member. This provision became effective immediately upon enactment. This military caregiver leave is available during “a single 12-month period” during which an eligible employee is entitled to a combined total of 26 weeks of all types of FMLA leave.

Additional information on the amendments and a version of Title I of the FMLA with the new statutory language incorporated is available on the FMLA amendments Web site at http://www.dol.gov/esa/whd/fmla/NDAA_fmla.htm.

Policy # 4152.6(a) Family and Medical Leave Act

4211 Recruitment and Selection

Recruitment and Selection 
Policy # 4211
Adopted: 1/11/1996
Supersedes / Amends:  D. Hiring Practices 9/15/92

 

 

 

It is the responsibility of the superintendent of schools and of persons designated by the superintendent to determine the personnel needs of the school district and to locate suitable candidates to recommend for employment to the board of education. An estimate of the cost of the recruitment and selection program will be made annually by the superintendent and presented to the board of education for inclusion in the annual budget.

No inquiry in regard to an employee's race, color, religious creed, sex or national origin shall be made of a person proposed for or seeking employment.

Prior to initial employment, a physician shall certify to the superintendent of schools that said employee is in good health and in fit condition for service. It shall be the duty of the superintendent of schools to see that persons nominated for employment shall meet all qualifications established by law and by the board of education for the type position for which nomination is made.

Legal Reference:             Connecticut General Statutes

46a-60 Discriminatory Employment Practices Prohibited

4222.1 Non-Certified Title I Para's

Non-Certified Title I Para's 
Policy #4222.1 
Adopted: 2/10/2015
Supersedes / Amends:  

 

 

 

A Title I paraprofessional is an individual who provides instructional support for students in a Title I School wide or a Targeted Assistance Program, supported with Title I, Part A funds.Title I paraprofessionals may perform the following instructional support duties:

•    One-on-one tutoring for eligible students if the tutoring is scheduled at a time when the student would not ordinarily be receiving instruction from the regular teacher

•    Assist in classroom management

•    Conduct parent involvement activities

•    Assist in computer instruction

•    Provide instructional support in a library or media center

•    Act as a translator

•     Provide instructional support services under the direct supervision of qualified teachers

Title I paraprofessionals may assume limited non-instructional duties, even if they  benefit non-Title I students, in the same proportion to their total work time as non-Title I paraprofessionals.

Title I paraprofessionals do not include individuals who  have only non-instructional duties such as providing technical support for computers, providing personal care services or performing clerical duties.

Qualifications

Title I paraprofessionals, regardless of hiring date, must have earned a secondary school diploma or its recognized equivalent (except for those who act as translators to enhance the participation of limited English proficient students or whose activities consist solely of conducting parent involvement activities.)

Title I paraprofessionals hired after January 8, 2002 must have:

1.   Completed at least two years of study at an institution of higher education or obtained an associate's or higher degree; or

2.     Demonstrated through a formal local academic assessment the knowledge of and ability to assist in instructing, as appropriate:

a.    Reading/language arts, writing and mathematics; or

b.   Reading readiness, writing readiness, and mathematics readiness

In addition, if it is determined that a new paraprofessional, to be hired by the District, has met the Title I qualification requirements in another school district, that individual will be considered to have met the requirements if hired by this District. These qualifications do not apply to paraprofessionals working in Head Start programs unless said program is jointly funded with Title I, Part A funds and the paraprofessional's salary is paid with Title I, Part A funds.

Notice to Parents

An annual written notice shall be provided to parents of students enrolled in a Title I Schoolwide or Targeted Assistance Program telling them they may request information about any paraprofessionals who provide instructional support for their child. The notice may be combined with a notice regarding Title I teacher qualifications.

(cf. 4222 - Teacher Aides/Paraprofessionals) (cf. 6159.1 - Teacher Aides)

Legal Reference:  42 U.S.C. 653(a) Personal Responsibilities and Work Opportunity Reconciliation Act

15 U.S.C. et. seq., Fair Credit Reporting Act

20 U.S.C.  Section 1119(c), No Child Left Behind Act of 2001 20 C.F.R. 200.59 Federal Regulations

NOTE: The requirements outlined in this policy apply to all paraprofessionals who work in a school that qualifies as a Title I School  wide Program, whether or not their salaries are paid with Title !funds. For Targeted Assistance Programs, only those paraprofessionals who provide instructional support to students in the Title I Program are subject to the requirements.

Policy adopted:

4410 Occupational Exposure to Bloodborne Pathogens

Occupational Exposure to Bloodborne Pathogens
Policy # 4410 
Adopted: 1/11/96
Supersedes / Amends:  9/14/93 

 

 

 

The board of education recognizes that communicable disease exposure is an occupational health hazard and places the highest priorities on occupational safety.  The health and welfare of each member is a joint concern of the board and employees.  While each employee is ultimately responsible for his/her own health, the board of education recognizes a responsibility to provide as safe a work place as possible.  The goal is to provide all employees with protection from occupationally acquired communicable disease.  Each employee must follow diligently prescribed safety practices.  Failure to comply with the procedures that accompany this policy may result in disciplinary action up to and including termination.

Legal Reference:        Federal Occupational Health and Safety Act,

 29 U.S.C. 655, 657

 State Occupational Health and Safety Act

 Connecticut General Statutes

 31-367 et Seq. And Regulations at Connecticut Agencies Regs. 31-372-101-1910

4500 Possession of Fire Arms or Deadly Weapons on School Grounds

Possession of Fire Arms or Deadly Weapons on School Grounds 
Policy # 4500 
Adopted: 11/10/98
Supersedes / Amends: Amends 

 

 

 

The Board of Education is responsible for maintaining a safe environment for learning.  Except as otherwise authorized in writing by the Superintendent, the Board of Education prohibits the possession of any firearm or deadly weapon, including a pistol or revolver, on school grounds or at a school sponsored activity, regardless of whether that person possesses a permit for the weapon involved. Any employee who violates this policy may be disciplined, up to and including termination.  Any student who violates this policy will be subject to expulsion proceedings pursuant to Board policy and Connecticut General Statutes 10-233d.

4600 Family Leave Violence Policy

Family Leave Violence
Policy  #4600 
Adopted:  12/14/2010
Supersedes / Amends:  New Policy

 

 

 

Connecticut state law requires the Board of Education to permit employees to take paid or unpaid leave for specific activities related to family violence.

Definitions

 “Family violence” means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur.

“Family or household member” means

A.  spouses, former spouses;

B.  parents and their children;

C.  persons eighteen years of age or older related by blood or marriage;

D. persons sixteen years of age or older other than those persons in subparagraph C. presently residing together or who have resided together;

E.  persons who have a child in common regardless of whether they are or have been married or have lived together at any time; and

F.  persons in, or have recently been in, a dating relationship.

Family Violence Leave

The Board of Education shall permit any employee who is the victim of family violence to take up to twelve (12) days of leave during any calendar year when such leave is reasonably necessary for the employee to:

1.  Seek medical care or psychological or other counseling for physical or psychological injury or disability;

2.  Obtain services from a victim services organization

3.  Relocate due to such family violence; or

4.  Participate in any civil or criminal proceeding related to or resulting from such family violence.

Notice by Employee

If an employee's need to use family violence leave is foreseeable, the employee must provide at least seven (7) days’ advance notice prior to the date such leave is to begin.  If an employee's need for such leave is not foreseeable, the employee shall give notice of such intention as soon as practicable.

Required Documentation

Employees who take family violence leave shall provide a signed, written statement certifying that the leave is for one of the four purposes stated above. 

The employee is also required to provide a police or court record related to the family violence or a signed written statement that the employee is a victim of family violence, provided such statement is from an employee or agent of a victim services organization, an attorney, an employee of the Judicial Branch's Office of Victim Services or the Office of the Victim Advocate, or a licensed medical professional or other licensed professional from whom the employee has sought assistance with respect to the family violence.

Confidentiality of Documentation Provided

Any written statement or police or court record provided by the employee to verify the request for leave shall be maintained as confidential and shall not be further disclosed except as required by federal or state law or as necessary to protect the employee's safety in the workplace, provided the employee is given notice prior to the disclosure.

Paid/Unpaid

Family violence leave shall be unpaid unless the employee is entitled to use paid leave for such purposes pursuant to the terms and conditions of employment.

Relationship to Other Rights or Benefits

Nothing in this policy shall be construed to diminish any rights provided to any employee under the terms of the employee's employment or a collective bargaining agreement or preempt or override the terms of any collective bargaining agreement effective prior to October 1, 2010.

Leave under this policy shall not affect any other leave provided under state or federal laws

Legal Reference:   Connecticut General Statutes

46b-38a Family violence prevention and response: Definitions

54-85b   Employment protection for witnesses and victims of crime. Penalty. Action for damages and reinstatement.

Public Act 10-144:  An Act Concerning the Recommendations of the Speaker of the House of Representatives’ Task Force on Domestic Violence (Effective October 1, 2010)