4000 Personnel
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
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)
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
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
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
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.
Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Minority Recruitment
Policy # 4111.3(a)
New: 2/9/2021 Approved
Supersedes / Amends:
Personnel ‑ Certified/Non‑Certified
Minority Recruitment
The Board of Education (Board) believes that a skillful and diverse staff contributes significantly to high quality, engaging learning environments, predicated on a climate of inclusion. To this end the Board directs the Superintendent to enact a planning process for the recruitment of a diverse staff.
The Board recognizes the diversity of the people who live in this school district and believes that this diversity should have an important bearing on all aspects of the school system’s activities. It is especially important that this diversity of population be recognized in the recruitment, hiring, promotion, and assignment of personnel.
The Board, in accordance with C.G.S. 10-4a(3) and C.G.S. 10-220(a) will implement an affirmative action plan and a written plan for minority educator recruitment.
The Superintendent of Schools shall be responsible for developing specific recruiting procedures and appropriate interviewing and evaluation instruments to implement the Board’s policy. All such procedures and instruments shall comply with federal and state requirements.
Any Board employee who conducts interviews or selects professional or paraprofessional employees for any job in the School System will have read and had the Board of Education Affirmative Action Policy and Plan explained to them by the Superintendent of Schools or his/her designee.
The Board shall make appropriate efforts to encourage, recruit, employ, and promote qualified minorities especially where under-utilized in the District’s work force. Beginning with the school year commencing July 1, 2020 and each school year thereafter, the Board will utilize the strategies and resources made available to it by the State Department of Education’s Minority Teacher Recruitment Policy Oversight Council to assist in meeting Connecticut’s annual goal of hiring at least two hundred fifty new minority teachers and administrators, of which at least thirty percent are men.
Every level of supervision shall be held responsible for complying with this policy and plan.
P4111.3(b)
4211.3
Personnel ‑‑ Certified/Non‑Certified
Minority Recruitment (continued)
(cf. 4111 – Recruitment and Selection)
(cf. 4111.1/4211.12 – Affirmative Action: Equal Employment Opportunity)
Legal Reference: Connecticut General Statutes
10-4a (3) Educational interests of state identified.
10-151 Employment of teachers. Notice and hearing on termination of contract.
10-153 Discrimination on account of marital status.
10-220(a) Duties of Boards of Education. (as amended by PA 18-34)
46a-60 Discriminatory employment practices prohibited.
PA 16-41 An Act Concerning the Recommendations of the Minority Teacher Recruitment Task Force.
PA 18-34 An Act Concerning Minority Teacher Recruitment and Retention.
PA 19-74 An Act Concerning Minority Teacher Recruitment and Retention.
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified - Appointment
Policy # 4112.1
New: 11/15/2022
Supersedes / Amends:
The Winchester Board of Education delegates the Superintendent the authority to hire certified (except administration) and supplementary positions. In the case of administrative or supervisory personnel, the Superintendent shall nominate a candidate to the Board.
The Superintendent also has the authority to hire support and substitute personnel. On a monthly basis at a minimum, the Superintendent shall notify the Board of those individuals who have been hired.
The Superintendent shall make it an object of paramount interest to secure competent teachers and other employees for the schools. For each vacancy, the Superintendent shall select the ablest and best qualified candidate available. The Superintendent shall ensure that all certified personnel to be employed meet state requirements for the position.
The Superintendent shall conduct an annual review of supplemental pay positions to determine their continued need.
The following guidelines shall be observed in hiring personnel:
1. Residence shall not be a factor.
2. No member of the immediate family of any member of the Board of Education shall be employed in any continuing capacity by the Board. This is not to be construed as requiring the resignation of any employee should a member of his/her immediate family be elected to the Board of Education.
3. Relatives of professional administrative or supervisory personnel shall not serve under the supervision of the administrator or supervisor to whom they are related. This is not to be construed as requiring the resignation of any person already in the employ of the Board of Education.
4. Temporary appointments of a relative as described in paragraphs 2) and 3) above may be made.
5. The "wage range" of the position for which an applicant is applying will be provided, upon the earliest of (a) the applicant's request, or (b) prior to or at the time the applicant is made an offer of compensation.
6. Employees will be provided with the wage ranges when their position with the District changes, or when they first request it.
The Board will not discriminate in the amount of compensation paid to any employee on the basis of sex/gender. Any pay difference between employees due to gender must be proven to be based upon a (1) seniority system; (2) merit system; (3) system that measures earnings by production quantity or quality; or (4) differential system based on a bona fide factor other than sex, such as education, training, experience, credentials, skill, and geographic location.
(cf. 4141 - Salary Guides)
Legal Reference: Connecticut General Statutes
10-151 Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal.
10-153 Discrimination on account of marital status.
10-155f Residency requirement prohibited.
31-40z Penalizing employees for discussion or disclosure of wage information prohibited. Enforcement. (as amended by P.A. 21-30)
31-75 Discrimination on the basis of sex. Prohibited practice. Employer demonstration. (as amended by P.A. 21-30)
46a-60 Discriminatory employment practices prohibited.
P.A. 21-30 An Act Concerning the Disclosure of Salary Range for a Vacant Position.
Title VII, Civil Rights Act as amended by Title IX, Equal Employment Opportunity.
Policy adopted:
Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Remote Work/Telecommuting Policy/Telework
Policy # 4113.6(a)/4213.6
New: 5/11/2021
Supersedes / Amends:
The Board of Education (Board) recognizes that providing staff members the flexibility of working remotely may be necessary at times when widespread illness, a declared pandemic health emergency, natural disasters or other roadblocks interrupt the District’s ability to conduct school and/or business on a regular basis. An authority outside the school district may, in addition to the Board and/or the Superintendent, direct school closures. In addition, the Board understands and supports the belief that during normal times of operation, it may be beneficial to have some staff members, with appropriate approval, fulfill their professional responsibilities by working remotely.
Telecommuting is not considered an entitlement, or a benefit. Telecommuting/Telework, for purposes of this policy, is defined as the performance of the essential functions of one’s job description in a work location other than their assigned school or office. In addition, working remotely/telecommuting does not change in any manner the terms and conditions of employment with the Winchester Board of Education. Any change in the terms and conditions of employment shall be made a part of a Memorandum of Understanding (MOU) between the Board and the applicable employee bargaining unit.
This policy is temporary as necessary in order to address any immediate concern related to quarantine, natural disaster or other event that interrupts normal operations. To provide clarity, this policy outlines expectations and provides guidance should the need arise for staff to work from home.
Eligibility
Instructional and Administrative staff will be provided approval to work remotely off site for the duration of the identified remote learning days when deemed appropriate and necessary at those times identified by the Superintendent of Schools. Circumstances warranting such off-site work shall include situations of widespread illness, declared pandemic, lengthy school closures, natural disaster or other identification as made by the Superintendent.
Cafeteria, maintenance, and custodial staff may not be eligible for remote work.
Central Office staff may be eligible for remote work as determined by the Superintendent.
P4113.6(b) / 4213.6
Personnel – Certified/Non-Certified
Remote Work/Telecommuting Policy/Telework (continued)
Availability
Those individuals approved for remote work will do so within the confines of their contractual hours unless otherwise approved ahead of time by the Superintendent. No employee shall work more than the contracted number of days provided in the parties’ bargaining unit Agreement. The total number of contractual days will vary depending on whether an employee is considered a ten month or a twelve-month employee.
All staff working from a remote location will check their school email and voice mail and shall be available to students and families, or as otherwise directed by the administration during the timeframe listed above or for shorter intervals through various methods, including but not limited to email, voice mail, remote learning platform, or telephone/communication platform.
Responsiveness
It is the Board’s expectation that remote work/telecommuting takes place during the identified work day as outlined above. Communication via email, personal phone or other means may take place. It is expected that staff working during this time respond in a timely manner to requests for information and be productive employees. Lack of responsiveness on the part of the employee may result in termination of remote work/telecommuting responsibilities.
Productivity Measurement
Employee productivity will be measured on time spent on tasks and projects, response to emails, response to parents/vendors, and overall efficiency in project and task completion.
Equipment Required
The District will either provide a technology device for those who require remote work or provide the necessary technological assistance which will enable the employee to utilize his/her own computer equipment to access the Internet for continuation of required work. The Board urges caution in accessing the Internet from public places and in accessing information and content from networks outside of the District’s service. Utilizing the Internet from public WIFI is strongly discouraged in order to prevent compromising critical and sensitive student information and/or financial information. District technology support will continue to be available as needed. The District will not support personal equipment and the employee uses such equipment at their own risk and direction.
Remote/telecommuting work will cease when determined by the Superintendent or his/her designee.
P4113.6(c) / 4213.6
Personnel – Certified/Non-Certified
Remote Work/Telecommuting Policy/Telework (continued)
1. An employee’s performance when teleworking will be monitored in the same manner as all employees at their assigned school or office.
2. The work location must be free of distractions, as much as possible, and the employee must be accessible by email and/or phone during work hours.
3. The Superintendent or his/her designee may authorize employees other than those identified as essential, who would otherwise report to work during emergency school closings, to instead work from an approved remote work location.
4. When schools are closed for the summer break, the Superintendent or hs/her designee may authorize eligible employees to work from the alternate work location periodically on an agreed-upon schedule if they are not assigned summer school responsibilities.
5. Teleworking may be used when the completion of special project work requiring minimal interruptions is approved by the supervisor.
6. Teleworking may be used when unusual circumstances such as construction, accident, or natural disaster make the assigned work location inaccessible/uninhabitable.
Guidelines for Telework
1. Telework may not be used in lieu of taking sick leave.
2. Employees approved for telework must comply with all District policies and administrative regulations/procedures including contracts and work schedules, and meet all evaluation performance standards.
3. Work-related injuries that occur in the alternate work location must be reported to the supervisor and require adherence to the worker’s compensation guidelines.
4. Employees are responsible for maintaining and protecting equipment on loan from the District. Equipment on loan shall be used for work-related purposes only and use is governed by the District’s Acceptable Use Policy.
5. Employees are responsible for protecting all data and ensuring compliance with all regulations regarding confidentiality of materials.
(cf. 4112/4212 – Appointment and Conditions of Employment)
(cf. 4113.1/4213.1 – Load/Scheduling/Hours of Employment)
(cf. 4113/4213 – Work Year)
(cf. 4115/4215 – Evaluation)
(cf. 4118.22 – Code of Ethics)
(cf. 4118.5/4218.5 – Acceptable Computer Network Use)
Legal Reference Connecticut Genera Statutes
10-221 Boards of education to prescribe rules, policies and procedures.
WINCHESTER BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel – Certified Evaluation and Support Program
Policy # 4115.01(a)
Amended: 10/13/2020
Supersedes/Amends: 11/11/12, 12/10/13
Personnel - Certified
Evaluation and Support Program
Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the
2020-2021 School Year
The Board of Education (Board) recognizes/acknowledges that the Connecticut State Department of Education (SDE) for the 2020-2021 school year only has provided one-time flexibility within the Guidelines for Educator Evaluation 2017 (Guidelines). The flexibilities reflect the importance of the social and emotional learning and well-being of students and educators during the 2020-2021 academic year, while maintaining meaningful feedback and substantive evaluation of educators and administrators.
The flexibilities for 2020-2021 are as follows:
Student Learning Indicators:
Districts may focus Student Learning components on social and emotional learning, student engagement and family engagement.
Teachers: A minimum of one goal with a minimum of two indicators or measures of accomplishment focused on social and emotional learning for students, student engagement, and/or family engagement. An academic goal may be considered with mutual agreement.
Administrators: A minimum of two indicators or measures of accomplishment focused on the reopening of schools, supporting well-being of staff and students, supporting remote and distance teaching and learning, mastery-based learning, ensuring equity for the most vulnerable students and their families, and/or health and safety of students, staff, and the school community.
The District may adjust the requirement for formal in-class observations as appropriate, if shorter, more frequent observations will take place. Written feedback from observations shall be based on current CSDE-approved rubrics, be formative in nature, and include recommendations for professional learning.
Teachers: a minimum of two and three informal observations based on years of experience and previous summative ratings. Teachers must complete a minimum of one review of practice.
Administrators: A minimum of two and three site visits based on years of professional experience and/or district and previous summative ratings. Administrators must complete a minimum of two artifact reviews.
4-Level Matrix Rating System
Summative ratings are waived for the 2020-2021 academic year. Evaluators, however, are expected to provide substantive feedback to educators. Educators shall also complete a self-assessment and evaluators shall complete a narrative summary of the educator’s performance.
Improvement and Remediation Plans
Evaluators who have concerns about an educator’s performance shall ensure it is appropriately communicated and documented, and development opportunities be provided, even without summative ratings. Communication between evaluators, educators, and the exclusive bargaining representative shall take place regarding the status of existing plans. Primary evaluators shall provide formative documentation when developing a plan in consultation with the educator and exclusive bargaining representative.
Amendment Requests
Should the District choose to adopt these flexibilities, it must be done through the mutual agreement process of the Professional Development and Evaluation Committee (PDEC) and the Superintendent. After reaching mutual agreement, the District may begin the implementation of the flexibilities. The District shall also notify the Bureau of Educator Effectiveness and Professional Learning by October 1, 2020 consistent with the EESP amendment process. If the District chooses not to utilize these flexibilities, it will assume its most recent CSDE-approved plan.
Guidance and resources to support the implementation of effective Student Learning Indicators and informal observation protocols for in-person, hybrid, and virtual learning environments will be provided be SDE to assist the district in adopting available flexibilities.
The document, “Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 (Guidelines) for the 2020-2021 School Year” dated August 11, 2020, provides additional detail to the above. It is available on the SDE website.
(cf. 2400 - Evaluation of Administrators and Administration)
(cf. 4111/4211 - Recruitment and Selection)
(cf. 4115 – Evaluation and Support Program)
(cf. 4131 - Staff Development)
P4115.01(c)
Personnel - Certified
Evaluation and Support Program
Flexibilities for Implementing the CT Guidelines for Educator Evaluation 2017 for the
2020-2021 School Year
Legal Reference: Connecticut General Statutes
10-145b Teaching certificates.
10-151a Access of teacher to supervisory records and reports in personnel file.
10-151b Evaluation by superintendent of certain educational personnel. (amended by PA 04-137, P.A. 10-111, P.A. 12-116, PA 12-2 (June Special Session), PA 13-245, PA 15-5 (June Special Session) Flexibilities implemented by Commissioner Cardona via Aug, 11 ,2020 memorandum to Superintendents.
10-151c Records of teacher performance and evaluation not public records.
10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.
Connecticut Guidelines for Educator Evaluation, adopted by the State Board of Education, June 27, 2012.
Connecticut’s System for Educator Evaluation and Development (SEED) state model evaluation system.
“Flexibility to Guidelines for Educator Evaluation” adopted by Connecticut State Board of Education, February 6, 2014
34 C.F.R. 200.55 Federal Regulations.
PL 114-95 – Every Student Succeeds Act §9213
Board of Education Policy Regarding:
Personnel-Certified/Non-Certified
Probationary/Tenure Status
Policy # 4116
New: Adopted 1/12/2021
Supersedes / Amends:
All certified personnel may attain tenure as provided by law. (C.G.S. 10-151, as amended*)
The Board of Education will expect thorough and competent evaluations of all personnel before they become candidates for tenure. The awarding of a contract by the Superintendent for a teacher to return for the following year must be based on effective practice as informed by performance evaluations conducted pursuant to Connecticut General Statute 10-151b, as amended and with the teacher evaluation guidelines recommended by the Performance Evaluation Advisory Council (PEAC) and approved by the State Board of Education (6/27/12). The standard for tenure is demonstrated excellence.
Procedures for continuation or termination of a contract, failure to renew a teacher’s contract, or appeals thereof shall be in accordance with Connecticut General Statute 10-151, as amended.
Teachers Working Under Cooperative Arrangements
Teachers working under cooperative arrangements recognized in statute retain their credited service toward tenure with a Board of Education if their service is transferred to a committee administering a cooperative arrangement and the District is part of the committee. Also permitted is allowing a teacher with tenure at a district to be considered as having continuous employment for tenure purposes if the teacher becomes employed under a cooperative arrangement in which the district participates.
(cf. 4115 - Evaluation/Supervision)
(cf. 4117.4 - Dismissal/Suspension)
Legal Reference: Connecticut General Statutes
10-151 Employment of teachers. Notice and hearing on termination of or failure to renew contract. Appeals as amended by P.A. 10-111, An Act Concerning Education Reform in Connecticut, and PA 12-116, An Act Concerning Educational Reform and PA 19-139, An Act Concerning Education Issues.
10-158a Cooperative arrangements among towns. School building projects. Student transportation.
Connecticut Guidelines for Educator Evaluation adopted by the State Board of Education, June 27, 2012.
Connecticut’s System for Educator Evaluation and Development (SEED)
Board of Education Policy Regarding:
Personnel / 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)
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Nondiscrimination
Policy # 4118.11(a) 4218.11
Amended: 12/13/2022
Supersedes / Amends: 4118.11, 2/7/2012, 3/8/2022
In compliance with regulations of Title VII of the Civil Rights Act 1964, Title IX of the Education Amendments of 1972, as amended, and Section 504 of the Rehabilitation Act of 1973, the Civil Rights Act of 1987 and the American 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 prohibits discriminatory practices in hiring and employment. The Board of Education prohibits discriminatory acts in all district matters dealing with employees and applicants for positions and requires equal employment opportunities for all employees and applicants. As an equal opportunity employer, the Winchester Board of Education does not discriminate on the basis of race, color, religious creed, age, marital status, national origin, ancestry, sex, sexual orientation, genetic information, gender identity or expression, disability including pregnancy, status as a victim of domestic violence, status as a Veteran, or any classification protected by state or federal law, 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 the case of a bona fide occupational qualification or need).
"Race" is inclusive of ethnic traits historically associated with race, including, but not limited to, hair texture and protective hairstyles. "Protective hairstyles" includes, but is not limited to, wigs, head wraps, and hairstyles such as individual braids, cornrows, locs, twists, Bantu knots, afros and afro puffs.
The District recognizes that it is a discriminatory practice to request or require, on an initial employment application, a prospective employee's age, date of birth, dates of attendance at or date of graduation from an educational institution on an initial employment application, unless requesting or requiring such information is based on a bona fide occupational qualification or need, or when such information is required to comply with any provision of state or federal law.
Legal Reference: Connecticut General Statutes
10-15c Discrimination in public schools prohibited. School attendance by five-year-olds (as amended by PA 21-2 §441.)
10-153 Discrimination on account of marital status.
46a-51 Definitions as amended by PA 17-127, PA 21-2, and PA 22-82)
46a-58 Deprivation of rights. Desecration of property. Placing of burning cross or noose on property. Penalty. (as amended by PA 17-127 and PA 22-82)
46a-60 Discriminatory employment practices prohibited. (as amended by PA 17-127, PA 21-69, and PA 22-82)
P.A. 11-55 An Act Concerning Discrimination
Federal Law
Title VII of the Civil Rights Act of 1964
Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C. 706(7)(b).
American Disability Act of 1989, as amended by the ADA Amendments Act of 2008
Chalk v. The United States District Court of Central California.
Title IX of the Education Amendments of 1972.
Civil Rights Act of 1987.
Title IX Final Rule, May 6, 2020
The Vietnam's Era Veterans' Readjustment Assistance Act of 1974, as amended, 38 U.S.C. §4212
Title II of the Genetic Information Nondiscrimination Act of 2008
4118.11 Form
4218.11
Discrimination Grievance Form
Any student, parent/guardian, employee, or employment applicant who feels that they have been discriminated against based on race, color, age, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, marital status, genetic information, status as a victim of domestic abuse, status as a Veteran, or mental or physical disability (including pregnancy), may discuss and/or file a grievance with either of the Civil Rights Coordinators of the Public Schools. Reporting should take place within 40 calendar days of the alleged discrimination. Civil Rights Coordinators: Seamus Cullinan
Name of Presenter/Complainant:__________________________________________________________________
Circle One: Employee Employment Applicant Student Parent/Guardian
Home address: ________________________________________________________________________
Telephone _____________________ Date of Claim__________________ Date of Incident_____________
1. Statement of Incident/Issue (include all pertinent information: who, how, where, when, how often, feelings, witness).
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
2. Please attach any additional information/documentation as necessary.
Signature of Presenter: ________________________________________________________________________
Signature of Civil Rights Coordinator: ____________________________________________________________
Date Received
Forms are available from Civil Rights Coordinators, Administrators, and Guidance Offices.
Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students
Sex Discrimination and Sexual Harassment in the Workplace
Policy # 4118.112(a)
New: 12/8/2020
Supersedes / Amends:
The Winchester Board of Education (Board) is committed to safeguarding the right of all employees within the school district to a work environment that is free from all forms of sexual discrimination or harassment. Therefore, the Board condemns and prohibits all unwelcome behavior of a sexual nature which is either designed to extort sexual favors from an employee as a term or condition of employment, or which has the purpose or effect of creating an intimidating, hostile, or offensive working environment unreasonably interfering with the employee’s work performance or adversely affecting the employee’s employment opportunities. The Board also strongly opposes any retaliatory behavior against complainants or any witnesses.
Definitions
Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of his or her sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.
Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Employee means all personnel hired by the Board of Education.
Although not an exhaustive list, the following are examples of the type of conduct prohibited by the policy against sexual harassment:
1. Unwelcome sexual advances from a co-worker or supervisor, such as unwanted hugs, touches, or kisses;
2. Unwelcome attention of a sexual nature, such as degrading, suggestive or lewd remarks or noises;
3. Dirty jokes, derogatory or pornographic posters, cartoons or drawings;
4. The threat or suggestion that continued employment advancement, assignment or earnings depend on whether or not the employee will submit to or tolerate harassment;
5. Circulating, showing, or exchanging emails, text messages, digital images or websites of a sexual nature;
6. Using computer systems, including email, instant messaging, text messaging, blogging or the use of social networking websites, or other forms of electronic communications, to engage in any conduct prohibited by this policy.
Harassment
Any infraction of this policy by supervisors or co-workers should be reported immediately to the Title IX Coordinator, the Superintendent, or his/her designee so that appropriate corrective action may be taken at once. In the absence of a victim’s complaint, the Board, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct, will ensure that an investigation is promptly commenced by appropriate individuals.
Retaliation against any employee for complaining about sex discrimination or sexual harassment is prohibited under this policy and illegal under state and federal law. Violations of this policy will not be permitted and may result in discipline up to and including discharge from employment. Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties.
Notification Requirements
The Board shall, in each school, post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.
In addition, the Board shall provide, not later than three months after an employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address. The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.) (Also refer to Policy 4000.1/5145.44 federal Title IX notification requirements.)
Training Requirements
All District employees shall be provided two hours of training and education within one year of October 1, 2019, unless such training was previously provided to any such employee after October 1, 2018. Such training and education shall also take place not later than six months after the date of a new employee’s hire. (Note: The use of the free, online training and education video or other interactive method developed by CHRO fulfills the statutory requirement.)
In addition to the required training listed above, the Board shall also provide supplementary training at least every ten (10) years on the content of the training and education.
P4118.112(c)
4218.112
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Training Requirements (continued)
NOTE: Title IX contains specific training requirements for individuals serving as investigators or “decision-makers.” or “decision-makers.”
The Board acknowledges that it is subject to a financial penalty if it fails to provide the training and education as required. In addition, such inaction to provide the training is considered, under P.A. 19-16, as a discriminatory practice.
The Superintendent of Schools is directed to develop and implement specific procedures on reporting, investigating and remedying allegations of sexual discrimination and/or sexual harassment.
A copy of this policy and its accompanying regulation are to be distributed to all personnel and posted in appropriate places.
(cf. 4000.1/5145.44 – Title IX)
Legal References: United States Constitution, Article XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000‑e2(a).
Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, May 6, 2020
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Connecticut General Statutes
46a‑60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment
R4118.112(a)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
The following procedures shall be followed pursuant to the Board of Education policy prohibiting sex discrimination and sexual harassment in the workplace.
Definitions
Sex discrimination is defined as when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination is also defined as when a person, because of his or her sex, is denied participation in, or the benefits of, a program that receives federal financial assistance.
Sexual harassment, a form of sex discrimination, means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Employee means all personnel hired by the Board of Education.
Immediate supervisor means the person to whom the employee is directly responsible. (e.g., Department Head, Building Principal)
Policy Awareness
A. Each school shall post in a prominent and accessible location information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment.
B. Each employee shall be provided, not later than three months after the employee’s start date with the District, a copy of the information concerning the illegality of sexual harassment and remedies available to victims of sexual harassment to each employee by electronic mail with a subject line that includes the words “Sexual Harassment Policy” or similar, if the District has provided an e-mail account to the employee, or if the employee has provided the District with an e-mail address.
C. The Board will also post the information on the District’s website. (Note: The Board can also fulfill this requirement by providing a link to its employees by e-mail, text message or in writing, of the information posted by The Connecticut Commission on Human Rights and Opportunities (CHRO) on its website.)
R4118.112(b)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Policy Awareness (continued)
D. The Board of Education policy, “Sex Discrimination and Sexual Harassment in the Workplace” shall be distributed to all employees annually at the start of the school year by each building Principal. Principals shall provide written assurance to the Superintendent that such policy and implementing procedures have been distributed and explained to staff.
E. In addition to the above, items A through D, training shall be provided for those individuals serving as Title IX Coordinators, investigators of Title IX claims and decision makers of Title IX claims. (Such training requirements contained in Policy 4000.1, Title IX)
Staff Training
A. Staff training in the prevention of sexual discrimination and sexual harassment in the work place shall be conducted annually as part of the District’s continuing staff development program.
B. All District employees shall be provided two hours of training and education within one year of October 1, 2019, as required by P.A. 19-16, unless such training was previously provided to any such employee after October 1, 2018.
C. Training and education shall also take place not later than six months after the date of a new employee’s hire.
D. Supplementary training shall also be proved to all staff every ten years on the content of the training and education.
Note: The use of the free, online training and education video or other interactive method developed by CHRO fulfills the above statutory requirements.)
Procedures
A. The Superintendent of Schools will appoint a District Title IX Coordinator and announce the identity of this person annually at the beginning of the school year.
B. Employees who believe they have been subjected to sexual harassment or sexual discrimination are to report the incident promptly to the Title IX Coordinator [and to their immediate supervisor]. Should the Title IX Coordinator be the subject of the complaint, the complaint shall be made to the Superintendent, who shall investigate or appoint a designee to do so. Incidents of sexual harassment may be reported informally or through the filing of a formal complaint.
C. All reports of sexual harassment will be held in confidence subject to all state and federal applicable laws.
R4118.112(c)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Procedures (continued)
D. Consistent with federal and state law, the following procedures shall be employed in handling any report, investigation and remedial action concerning allegations of sex discrimination or sexual harassment.
Informal Complaints
Employees who believe they have been subjected to sex discrimination or sexual harassment may request that an informal meeting be held between themselves and the appropriate supervisor. The purpose of such a meeting will be to discuss the allegations and remedial steps available. The supervisor will then promptly discuss the complaint with the alleged perpetrator. Should the harasser admit the allegations, the supervisor is to obtain a written assurance that the unwelcome behavior will stop. Depending on the severity of the charges, the supervisor may recommend that further disciplinary action be taken. Thereafter, the written report of the incident is to be prepared and the complainant informed of the resolution. The complainant is to indicate on report whether or not he/she is satisfied with the resolution.
If the complainant is satisfied with the resolution, the incident will be deemed closed. However, the complaint may be reopened for investigation if a recurrence of sexual discrimination or harassment is reported. The supervisor is to inform the complainant to report any recurrence of the harassment or any retaliatory action that might occur.
If during the informal attempt to resolve the complaint, the alleged harasser admits the allegations but refuses to give assurance that he/she will refrain from the unwelcome behavior, the supervisor is to file a report with the Title IX Coordinator. The report is to indicate the nature of the complaint, a description of what occurred when the supervisor informed the alleged harasser of the allegations against him/her, the harasser’s response to the allegations, and a recommendation that stronger corrective measures be taken. This report should be accompanied by a formal complaint.
Should the alleged harasser deny the allegations, the supervisor is to inform the complainant of the denial and state that a formal written complaint will be required for further formal investigation. The supervisor will file a report with the Title IX Coordinator on what has transpired to date. If the complainant submits a formal complaint, a copy of it should accompany the supervisor’s report with a recommendation for further action.
R4118.112(d)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Formal Complaints
Formal complaints may be submitted either to initially report any incidence of sexual discrimination or harassment, or as a follow‑up to an unsatisfactory resolution of an informal attempt to resolve a complaint. The formal written complaint will consist of any appropriate forms and a copy of any applicable supervisor reports. The appropriate forms solicit the specifics of the complaint, e.g. date and place of incident, description of sexual misconduct, names of any witnesses, and any previous action taken to resolve the matter.
Any employee who believes that he or she has been discriminated against or sexually harassed in the workplace in violation of this policy may also file a complaint with the Hartford Region Office of the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Blvd Hartford, CT 06103. 860-541-3400 (Your regional CHRO office can be found by accessing https://www.ct.gov/chro/cwp/view.asp?a=2523&Q=315790) and/or the Equal Employment Opportunity Commission, Boston Area Office, 475 Government Center, Boston, MA 02203 (Telephone Number 617-565-3200). Connecticut law requires that a formal written complaint be filed with the Commission on Human Rights and Opportunities within 180 days of the date when the alleged discrimination/harassment occurred. Remedies for sex discrimination and sexual harassment include cease and desist orders, back pay, compensatory damages, hiring, promotion or reinstatement.
Investigating a Complaint
Complaints will be investigated promptly. The District’s Grievance/Investigative Process pertaining to Policy 4000.1, Title IX, shall be utilized. Corrective action will be taken when allegations are verified. Confidentiality will be maintained by all persons involved in the investigation to the extent possible and reprisals or retaliation that occur as a result of the good faith reporting of charges of sex discrimination or sexual harassment will result in disciplinary action against the retaliator.
Remedial Action
If the investigation reveals that sexual discrimination or harassment has occurred, appropriate sanctions will be imposed in a manner consistent with any applicable law. Depending on the gravity of the misconduct, these may range from a reprimand up to and including dismissal from employment.
Anyone subjecting complainants or witnesses to any form of retaliation will also be subject to disciplinary action in the manner prescribed by law.
R4118.112(e)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Remedial Action (continued)
If the investigation reveals that no sexual harassment has occurred, or if the complainant is not satisfied with the remedial action taken after a finding of sexual harassment, the complainant may appeal to the Superintendent or the Board of Education. The appeal must include a copy of the original complaint, all relevant reports, the specific action being appealed, and an explanation of why the complainant is appealing.
Post Remedial Action
Following a finding of sexual discrimination or harassment, victims will be periodically interviewed by the appropriate supervisory personnel to ensure that the harassment has not resumed and that no retaliatory action has occurred. These follow‑up interviews will continue for an appropriate period of time. A report will be made of any victim's response.
Title IX Coordinator
The Title IX Coordinator for the Winchester Board of Education is Seamus Cullinan.
Complaint Records
Complainants should receive a copy of any resolution reports filed by the supervisor concerning his/her complaint. Copies should also be filed with the employment records of both the complainant and the alleged harasser.
Investigation in the Absence of a Complaint
The Board, in the absence of a victim's complaint, must ensure that an investigation is commenced by the appropriate individuals, upon learning of, or having reason to suspect, the occurrence of any sexual misconduct.
Role of the District Title IX Coordinator
The District Title IX Coordinator shall immediately institute an inquiry into allegations which shall include, but not limited, to:
1. Advising the Superintendent of Schools that a complaint of alleged sexual harassment has been filed.
R4118.112(f)
4218.112
Personnel -- Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Role of the District Title IX Coordinator (continued)
2. Interviewing the complaining adult or student in a confidential setting and notifying such individual(s) of the grievance/investigatory process which will be utilized. In the case of a student, the parent/guardian shall be notified (unless the parent/guardian is the subject of the allegations) and invited to be present for the interview.
a. All parties named as perpetrators of and witnesses to the alleged sexual harassment will be interviewed by the Title IX trained individual serving as the investigator.
b. The Trained Title IX individual serving as the decision-maker in the formal complaint process shall file a report of findings with the Superintendent of Schools. If the findings result in reasonable cause to suspect or believe that any child under the age of eighteen has been abused, the District Title IX Compliance Officer shall also file a report with the State of Connecticut Commissioner of Children and Youth Services. Nothing contained herein shall abrogate the reporting requirements of school personnel pursuant to Connecticut General Statute 17a-101 in cases of suspected child abuse.
Legal References: United States Constitution, Article XIV
Civil Rights Act of 1964, Title VII, 42 U.S.C. S2000‑e2 (a).
Equal Employment Opportunity Commission Policy Guidance (N‑915.035) on Current Issues of Sexual Harassment, Effective 10/15/88.
Title IX of the Education Amendments of 1972, 20 USCS §1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR §106, et seq.
Title IX Final Rule, May 6, 2020
Mentor Savings Bank, FSB v. Vinson 477 US.57 (1986)
Faragher v. City of Boca Raton, No. 97-282 (U.S. Supreme Court, June 26,1998)
Burlington Industries, Inc. v. Ellerth, No. 97-569, (U.S. Supreme Court, June 26,1998)
Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme Court, June 26,1998)
Connecticut General Statutes
46a‑60 Discriminatory employment practices prohibited.
Conn. Agencies Regs. §46a-54-200 through §46a-54-207
Constitution of the State of Connecticut, Article I, Section 20.
P.A. 19-16 An Act Combatting Sexual Assault and Sexual Harassment
4118.112
4218.112
Notice
To be posted in a conspicuous place readily available for viewing by employees
WINCHESTER PUBLIC SCHOOLS
SEXUAL HARASSMENT IS ILLEGAL
AND IS PROHIBITED
BY
THE CONNECTICUT DISCRIMINATORY EMPLOYMENT PRACTICES ACT
(Section 46a-60 of the Connecticut General Statutes)
AND
TITLE VII OF THE CIVIL RIGHTS ACT OF 1964
(42 United States Code Section 2000e et seq.)
SEXUAL HARASSMENT MEANS ANY UNWELCOME SEXUAL ADVANCES OR REQUESTS FOR SEXUAL FAVORS OR ANY CONDUCT OF A SEXUAL NATURE WHEN:
1. SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL’S EMPLOYMENT;
2. SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR
3. SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF SUBSTANTIALLY INTERFERING WITH AN INDIVIDUAL’S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
Examples of SEXUAL HARASSMENT include:
UNWELCOME SEXUAL ADVANCES
SUGGESTIVE OR LEWD REMARKS
UNWANTED HUGS, TOUCHES, KISSES
REQUESTS FOR SEXUAL FAVORS
DEROGATORY OR PORNOGRAPHIC POSTERS, CARTOONS, OR DRAWINGS
Remedies for SEXUAL HARASSMENT may include:
CEASE AND DESIST ORDERS
BACK PAY
COMPENSATORY DAMAGES
HIRING, PROMOTION, OR REINSTATEMENT
RETALIATION AGAINST ANY EMPLOYEE FOR COMPLAINING ABOUT SEXUAL HARASSMENT IS PROHIBITED UNDER THIS POLICY AND ILLEGAL.
VIOLATION OF THIS POLICY IS GROUNDS FOR DISCIPLINE, INCLUDING DISCHARGE.
4118.112
4218.112
Notice
(continued)
INDIVIDUALS WHO ENGAGE IN ACTS OF SEXUAL HARASSMENT MAY ALSO BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
AN INFRACTION OF THIS POLICY BY SUPERVISORS OR CO-WORKERS SHOULD BE REPORTED IMMEDIATELY TO SEAMUS CULLINAN [TITLE IX COORDINATOR, OR SUPERINTENDENT IF THE TITLE IX COORDINATOR IS THE SUBJECT OF THE COMPLAINT]. CONFIDENTIALITY WILL BE MAINTAINED TO THE EXTENT POSSIBLE.
ANY EMPLOYEE WHO BELIEVES THAT HE OR SHE HAS BEEN HARASSED OR DISCRIMINATED AGAINST IN THE WORKPLACE IN VIOLATION OF THIS POLICY MAY ALSO CONTACT:
THE CONNECTICUT COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES
HARTFORD REGION OFFICE [REGIONAL OFFICES AND THEIR ADDRESSES CAN BE FOUND ON THE CHRO WEBSITE, HTTP://WWW.STATE.CT.US/CHRO/
450 COLUMBUS BLVD
HARTFORD, CT 06103
860-541-3400
AND/OR:
THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
BOSTON AREA OFFICE
475 GOVERNMENT CENTER
BOSTON, MA 02203
PHONE (617) 565-3200
(800) 669-4000
CONNECTICUT LAW REQUIRES THAT A FORMAL WRITTEN COMPLAINT BE FILED WITH THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES WITHIN THREE HUNDRED (300) DAYS OF THE DATE WHEN THE ALLEGED HARASSMENT/DISCRIMINATION OCCURRED.
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employee in the Workplace/Lactation Accommodation
Policy # 4118.114(a) 4218.114
New: 9/13/2022
Supersedes / Amends:
The Board of Education (Board) recognizes that its diverse workforce is a valuable asset. The Board recognizes pregnancy as a temporary physical condition, unique to pregnant persons, which may affect an employee’s ability to perform all of the usual duties and responsibilities of their position. However, the Board will not assume an employee is unable to continue their regular position functions solely because they are pregnant.
Therefore, the Board recognizes its obligation to provide a reasonable workplace accommodation for a pregnant employee or applicant unless the Board demonstrates that such an accommodation constitutes an undue hardship as defined in this policy.
The Board will not limit, segregate or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy. An employee or person seeking employment shall not be subject to discrimination on the basis of their pregnancy in the terms or conditions of their employment. In addition, the Board will not force a pregnant employee or applicant to accept a reasonable accommodation if such employee does not need one.
The Board will not deny employment opportunities to an employee or person seeking employment if such denial is due to the employee’s request for a reasonable accommodation because of their pregnancy; force an employee or person seeking employment affected by pregnancy to accept a reasonable accommodation if such employee or person seeking employment does not have a known limitation related to their pregnancy, or does not require a reasonable accommodation to perform the essential duties related to their employment.
The Board will not to require an employee to take a leave of absence if a reasonable accommodation can be provided in lieu of such leave; nor will the Board retaliate against an employee in the terms, conditions or privileges of their employment based upon such employee’s request for a reasonable accommodation.
Definitions
“Pregnancy” means pregnancy, childbirth or a related condition, including, but not limited to, lactation.
“Reasonable accommodation” means, but shall not be limited to, being permitted to sit while working, more frequent or longer breaks, periodic rest, assistance with manual labor, job restructuring, light duty assignments, modified work schedules, temporary transfers to less strenuous or hazardous work, time off to recover from childbirth or break time and appropriate facilities for expressing breast milk.
P4118.114(b)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
Definitions (continued)
“Undue hardship” means an action requiring significant difficulty or expense when considered in light of factors such as (A) the nature and cost of the accommodation; (B) the overall financial resources of the employer; (C) the overall size of the business of the employer with respect to the number of employees, and the number, type and location of its facilities; and (D) the effect on expenses and resources or the impact otherwise of such accommodation upon the operation of the employer.
“Undue hardship” means, in relation to breastfeeding in the workplace, any action that requires significant difficulty or expense when considered in relation to factors such as the size of District operations, financial resources and the nature and structure of District operations.
“Reasonable efforts” means, in relation to breastfeeding in the workplace, any effort that would not impose an undue hardship on the operation of the Board of Education.
Notification Requirements
The District shall provide written notice of the right to be free from discrimination in relation to pregnancy, childbirth and related conditions, including the right to a reasonable accommodation to the known limitations related to pregnancy to new employees at the commencement of employment; to all existing employees and to any employee who notifies their supervising administrator of their pregnancy within ten days of such notification.
These notification requirements will be fulfilled by displaying a poster in a conspicuous place, accessible to employees, that contains the required information in both English and Spanish. (The Labor Commissioner may adopt regulations, in accordance with Chapter 54, to establish additional requirements concerning the means by which employers shall provide such notice. Such notification will also be made a part of any staff handbook.)
The Board may utilize, as deemed appropriate, any courses of instruction and ongoing public education efforts developed by the Commission on Human Rights and Opportunities to inform employees, employment agencies and persons seeking employment in the District about their rights and responsibilities pertaining to this topic.
P4118.114(c)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation (continued)
Lactation Accommodation (Nursing Friendly Workplace)
The District recognizes that a normal and important role for nursing employees is to have the option and ability to provide for their children by breast-feeding or expressing milk in the workplace. Any employee may, at their discretion, express breast milk or breastfeed on site at their workplace during their meal or break period. The Board directs the Superintendent or their designee to take measures and develop regulations to ensure that all district employees shall be provided with an adequate and private location for the expression of milk or breast-feeding.
The location for the expression of milk or breast-feeding shall not be a public restroom or toilet stall, and shall be in close proximity to the employee’s work area. The location designated shall be a private space such as, but not limited to, an office space or conference room.
Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.
The District and employee will work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allowed for this activity is not to exceed the normal time allowed for meals and/or breaks.
Employees shall be notified of this policy and a list shall be published of the designated locations throughout the district for the expression of milk or breast-feeding on an annual basis.
(cf. 4000.1 – Title IX)
(cf. 4111.1/4211.1 – Equal Employment Opportunities)
(cf. 4118.11/4218.11 – Nondiscrimination)
(cf. 4118.12/4218.12 – Sexual Harassment)
Legal Reference: Connecticut General Statutes
31-40w Breastfeeding in the workplace. (as amended by PA 21-27)
4a-60 Nondiscrimination and affirmative action provisions in contracts of the state and political subdivisions rather than municipalities.
10-153 Discrimination on account of marital status.
46a-60 Discriminatory employment practices prohibited. (as amended by P.A. 17-118)
P4118.114(d)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
Legal Reference: Connecticut General Statutes (continued)
P.A. 17-118 An Act Concerning Pregnant Women in the Workplace.
P.A. 21-27 An Act Concerning Breastfeeding in the Workplace.
Title VII, Civil Rights Act U.S.C. 2000e, et. seq.
Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681 et seq.
29 CFR 1604.11, EEOC Guidelines on Sex Discrimination.
34 CFR Section 106.8(b), OCR Guidelines for Title IX.
Equal Employment Opportunity Commission Guidance on Pregnancy Discrimination and Related Issues. (July 14, 2014)
ADA Amendments Act of 2008, P.L. 110-325.
The Fair Labor Standards Act (FLSA), 29 U.S.C. 207 (as amended by The Patient Protection and Affordable Care Act, P.L. 11-148)
Young v. United Parcel Service, No. 12-1226, 707 F.3d 437, 446, 450 (4th Cir)
Policy adopted:
cps 11/17
rev 7/21
R4118.114(a)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation
The District will provide a reasonable workplace accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship. The District shall not (1) limit, segregate, or classify an employee in a way that would deprive them of employment opportunities due to their pregnancy or (2) force a pregnant employee or applicant to accept a reasonable accommodation if they do not need one.
“Pregnancy” for purposes of this policy is defined as pregnancy, childbirth, or related conditions, including lactation.
Protections for Pregnant Employees and Applicants
Reasonable Accommodation
The District shall make a reasonable accommodation for a pregnant employee or applicant, unless the accommodation would be an undue hardship. An “undue hardship” is defined as an action requiring significant difficulty or expense when considering the accommodation’s nature and cost, the district’s overall financial resources, the district’s size and facilities, and the effect on the district’s operations.
“Reasonable accommodations” include:
1. being allowed to sit while working,
2. more frequent or longer breaks,
3. periodic rest,
4. assistance with manual labor,
5. job restructuring,
6. light duty assignments,
7. modified work schedules,
8. temporary transfers to less strenuous or less hazardous work,
9. time off to recover from childbirth, or
10. break time and appropriate facilities for expressing breast milk.
By law, the district is required to make reasonable efforts to provide a private room for an employee to express breast milk or breast-feed (CGS §31-40w).
R4118.114(b) 4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employee in the Workplace/Lactation Accommodation (continued)
Additional Protections for Pregnant Employees
The administration of this school district is prohibited, by law, from:
- limiting, segregating, or classifying an employee in a way that would deprive them of employment opportunities due to their pregnancy;
- discriminating against an employee or job applicant on the basis of their pregnancy in the terms or conditions of employment;
- denying employment opportunities to a pregnant employee or applicant because they requested a reasonable accommodation;
- forcing a pregnant employee or applicant to accept a reasonable accommodation if they does not (a) have a known pregnancy-related limitation or (b) require a reasonable accommodation to perform their job’s essential duties;
- requiring a pregnant employee to take a leave of absence instead of providing a reasonable accommodation; and
- retaliating against a pregnant employee based on their request for a reasonable accommodation.
In addition, the District is prohibited by law from:
- terminating a person’s employment because of their pregnancy,
- refusing to grant the employee reasonable leave for disability resulting from the pregnancy, and
- failing to reinstate the employee to their original job or an equivalent one upon their return (with some limitations).
Employee Notification
Employees shall be provided with written notice of their right to be free from discrimination in relation to pregnancy, childbirth, and related conditions, including the right to a reasonable accommodation. Notice must be given to (1) new employees when they start work; (2) existing employees within 120 days of October 1, 2017; and (3) any employee who notifies their employer of their pregnancy, within 10 days of their notification.
A poster shall be displayed in a conspicuous place, accessible to employees, at the workplace with the required information in both English and Spanish.
R4118.114(c)
4218.114
Personnel – Certified/Non-Certified
Sex Discrimination and Sexual Harassment in the Workplace
Pregnant Employees in the Workplace/Lactation Accommodation (continued)
Nursing Employees
Prior to returning to work from maternity leave, it shall be the employee’s responsibility to notify their supervisor of their intent to continue breast-feeding their infant and of their need to express milk during work hours. Further, it shall be the responsibility of the employee to keep their supervisor informed of their needs in this regard throughout the period of lactation.
Connecticut law requires that reasonable efforts must be made to provide a private room for an employee to express milk or breast-feed. The location shall not be a public restroom or toilet stall and should be in close proximity to work areas, where the employee can breast-feed their child or express milk in privacy. The designated location shall be a private space such as an office space, conference room, classroom or staff room.
Provided there is no undue hardship, such room or location shall (1) be free from intrusion and shielded from the public while such employee expresses breast milk, (2) include or be situated near a refrigerator or employee-provided portable cold storage device in which the employee can store their breast milk, and (3) include access to an electrical outlet.
In selecting an appropriate location, the advice of a school nurse or health professional shall be used in determining the most reasonable facility accommodation. The location should be an accessible, private room with a lock that would allow an employee to:
- breastfeed a child brought in during a lunch or other break period; or
- pump breast milk to be stored for later use.
The following accommodations shall be available:
- A door with a lock for privacy.
- A location where the intrusion from coworkers, students and the public can be prevented and one where an employee using this area can be shielded from view, including, if need be, the use of a separating, privacy curtain or partition.
- An electrical outlet for electric pumps.
- A sign-up sheet and a sign posting the room as “private during use”.
- A flexible work schedule in consideration of the staff member’s responsibility.
The school administrator and staff member are to work together to maximize flexibility to ensure that adequate time is allowed for this activity. Time allotted for this activity is not to exceed the normal time allowed for lunch and/or breaks.
Regulation approved:
cps 11/17
rev 7/21
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.
Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students
Face Masks/Coverings
Policy # 4118.237(a)
New: 10/13/2020
Supersedes / Amends:
Personnel / Certified / Non-Certified Students
Face Masks/Coverings
This policy pertains to students, faculty, staff, and visitors. It has been developed to fulfill the guiding principles contained in the Framework for Connecticut Schools, specifically to safeguard the health and safety of students and staff and to allow all students the opportunity to return into classrooms full time.
The Board of Education (Board) is implementing this masking requirement to promote the safest possible learning, teaching and work environment for students, faculty, staff and visitors during the COVID-19 pandemic. The first priority of the Board is the health and well-being of students and staff as the District prepares for and implements the safe reopening of schools.
The Center for Disease Control (CDC) and the Connecticut Department of Health (DPH) and the Connecticut State Department of Education, as outlined in Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together requires the wearing of face coverings for all students and staff when they are inside school buildings and while riding school transportation vehicles, with certain exceptions.
Definitions
Face covering/mask/gaiter – a cloth, paper, or disposable face covering that covers the nose and mouth. It may or may not be medical grade. (Evidence shows that the proper wearing of facial masks or coverings helps stop the spread of the virus, which is currently by droplets when an individual coughs, sneezes or talks.)
Face shield – a clear, plastic shield that covers the forehead, extends below the chin and wraps around the sides of the face, protecting the eyes, nose and mouth from contamination from respiratory droplets, along with masks or respirators.
Clear plastic barrier – a clear plastic or solid surface that can be cleaned and sanitized often.
Transportation
Student passengers are required to wear a face mask or cloth face covering that completely covers the nose and mouth during transit. The student’s face covering must be in place prior to boarding the bus, van or other vehicles and must be kept in place until they are completely off the bus or van. The Board shall provide back-up masks if students do not have face coverings when boarding a school bus or van. The face mask or cloth face covering is also applicable to the drivers of the vehicle.
The Board may consider the option of assigning a temporary monitor on student transportation at the beginning of the school year to facilitate compliance with this new face mask protocol.
P4118.237(b)
4218.237
5141.8
Personnel Certified/Non-Certified
Students - Face Masks/Coverings (continued)
School Buildings and Grounds
All students, staff, and visitors are required to use face coverings that completely covers the nose and mouth, when they are inside the school building or on school grounds, even when social distancing is maintained. An individual shall be excused from this requirement for the following listed reasons, per CDC guidance.
The individual:
1. has trouble breathing;
2. is unconscious;
3. is incapacitated; or
4. cannot remove the mask or face covering without assistance.
In addition, masks or face coverings shall not be required for anyone who has a medical reason making it unsafe to wear a face mask or face covering. A written notification from a licensed medical provider, the Department of Developmental Services or other state agency that provides or supports services for people with emotional, intellectual or physical disabilities, or a person authorized by any such agency is required in order for the Board to permit a medical exemption. Such documentation need not name or describe the condition that qualifies the person for the exemption.
Parents/guardians may not excuse their child from this face mask requirement, by signing a waiver, because such wearing is a mandated requirement that the Office of the Governor, the Connecticut State Department of Education, and/or the Connecticut State Department of Public Health have defined as necessary for school districts to comply with in order to open schools from the COVID-19 caused closure.
In addition to the wearing of face masks, the District will maximize social distancing between student’s workstations and desks, achieving six feet when feasible. Space between the teacher and students is to be maximized to reduce the risk of increased droplets from teachers during instruction. A teacher is permitted to remove a face covering or mask during instruction. If the teacher removes the face covering or mask during instruction, spacing shall be increased beyond six feet. A teacher who remains seated during instruction requires the use of a physical barrier.
Transparent (clear) masks should be considered as an option for teachers and students in classes for deaf and hard of hearing students. Pre-K and special education teachers should consider wearing clear masks.
P4118.237(c)
4218.237
5141.8
Personnel Certified/Non-Certified
Students - Face Masks/Coverings
School Buildings and Grounds (continued)
Face shields may be an option for those students with medical, behavioral or other challenges who are unable to wear face masks or coverings. The Board recognizes that face shields are not as effective for source control and should be used only when other methods are not available or appropriate. Therefore, the use of face shields for those with medical conditions is done with the understanding of their limitations and a heightened need for strict adherence to social distancing.
The Board shall provide to any student, staff member or visitor a face mask if such individual does not have one. Training shall be provided as necessary regarding the proper use of face coverings. Information shall be provided to staff, students and students’ families regarding the proper use, removal and washing of cloth face coverings.
Limited Exceptions to Use of Face Coverings
When other and appropriate mitigating practices are in place, such as social distancing, students will not be required to wear face masks or coverings while eating, drinking, during physical education classes, or when students are outside and effectively practicing social distancing and any other possible mitigants. Exceptions may also be necessary for certain special education students or other special populations.
Teachers and staff may be excused from wearing a face mask or covering while teaching provided they are properly socially distancing or remaining static behind a physical barrier. Face shields may be useful in situations where it is important for students to see how a teacher pronounces words (e.g. English Learners, early childhood, foreign language, etc.) and social distancing is maintained. However, face shields alone are not a sufficient alternate to the wearing of face mask for source control.
Mask Breaks
Breaks from wearing masks shall be scheduled throughout the school day, by the teacher, provided that strict social distancing requirements are maintained and limitations are enforced regarding student and staff mobility.
During time of eating, face masks or coverings may be removed. Masks are required in all dining areas while entering and leaving or getting food and drinks. They may be removed at appropriately socially distanced tables in order to eat but must be replaced after eating.
A recess period may be used as a break from wearing masks when no more than one class is outside at a time and social distancing requirements are maintained to the greatest degree feasible.
P4118.237(d)
4218.237
5141.8
Personnel Certified/Non-Certified
Students - Face Masks/Coverings (continued)
Violations of this Policy
Violations of this policy, whether by students or staff, shall be handled in the same manner as other violations of applicable Board policy.
If a student refuses to wear a face mask or covering and does not fulfill any of the exemptions allowed by this policy, such student shall be sent to the school’s isolation room. The parent/guardian shall be contacted to rectify the situation, school personnel to explain the options available regarding schooling and for the possible removal of the child from the school setting.
If a visitor refuses to wear a face covering, for non-medical reasons, entry to the school/district facility may be denied.
Teachers or schools may provide incentives for compliance with the face mask requirement.
Community Outreach
The District shall engage in community education programs including signage, mass and targeted communication, and positive reinforcement that will actively promote mask use consistent with CDC, DDH, CSDE and OSHA guidance. Community members will be reminded that mask use does not replace the need for social distancing, washing of hands and other preventative practices recommended by all appropriate authorities.
Other Considerations
• The District shall maintain in each school a supply of disposable face coverings in the event that a staff member, student or visitor does not have one for use.
• Special attention must be given to putting on and removing face coverings for purposes such as eating. After use, the front of the face covering is considered contaminated and should not be touched during removal or replacement. Hand hygiene should be performed immediately after removing and after replacing the face covering.
• When medically appropriate, nurses shall substitute use of metered dose inhalers and spacers for students with respiratory issues.
• Face shields with face masks may be used by staff who support students with special healthcare needs such as those who are unable to wear masks and who may need assistance with activities of daily living, such as toileting and eating.
• Mask use will not be required by employees when they are alone in private offices. However, they are required to mask when anyone enters a private office space and required to wear a mask if their office space is physically shared with others and does not allow for 6 feet of physical distancing or if the work area is frequented by others (such as a reception area).
P4118.237(e)
4218.237
5141.8
Personnel Certified/Non-Certified
Students - Face Masks/Coverings
Other Considerations (continued)
Until further notice the Board will require the wearing of masks as prescribed in this policy. The Board reserves the right to interpret the provisions of this policy and to modify any or all matters contained in this policy at any time, subject to applicable law.
(cf. 5141.22 – Communicable/Infectious Diseases)
(cf. 5141.6 – Crisis Management Plan)
(cf. 6114 – Emergencies and Disaster Preparedness)
(cf. 6114.6 – Emergency Closings)
(cf. 6114.8 – Pandemic/Epidemic Emergencies)
(cf. 6114.81 – Emergency Suspension of Policy During Pandemic)
Legal Reference: Connecticut General Statutes
10-154a Professional communications between teacher or nurse and student.
10-207 Duties of medical advisors.
10-221 Boards of education to prescribe rules.
19a-221 Quarantine of certain persons.
52-557b Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render.
CT. Executive Order 7NNN, August 14, 2020
The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.
Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together
Connecticut LEA School Reopening Template
CDC Considerations for Schools
CDC Symptoms of Coronavirus
CDC Quarantine & Isolation
CDC Use of Cloth Face Coverings to Help Slow the Spread of COVID-19
CDC Interim Guidance for Administrators of US K-12 Schools and Child Care Programs
CDC Schools Decision Tree for Schools Reopening
WINCHESTER BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel / Certified / Non-Certified Students/Staff
Self-Quarantine Policy/Regional Travel Advisory
Policy # 4118.238(a)
New: 10/13/2020
Supersedes / Amends:
Personnel / Certified / Non-Certified Students/Staff
Self-Quarantine Policy/Regional Travel Advisory
Out of an abundance of caution, the Board of Education (Board) asks District students, faculty, staff and visitors, who are traveling or who have traveled to an area impacted by Connecticut’s travel advisory, as detailed in this policy, or whose household members are returning from those areas, even if asymptomatic, not to return to or to visit any District school or campus until a period of self-quarantine has elapsed.
The Board recognizes and supports the travel advisory in effect in Connecticut pursuant to Governor Lamont’s Executive Order 7BBB, effective June 25, 2020, and revised by Executive Order 7III and the Department of Public Health’s implementing order on such travel advisory. The advisory is to be communicated by the Department of Public Health (DPH) widely at all major points of entry into Connecticut, including on highway message boards and in Connecticut airports.
Travelers and Connecticut Residents Affected
The travel advisory affects the following individuals:
1. Anyone traveling into Connecticut from an affected state that has either (a) a new daily COVID-19 positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or (b) a 10% or higher test positivity rate over a 7-day rolling average. All affected travelers shall self-quarantine for a 14-day period from the time of last contact with such affected State, for any portion of such fourteen-day period they spend in Connecticut, or for the duration of such affected travelers’ stay in Connecticut, whichever is shorter.
2. This travel advisory also applies to Connecticut residents who are returning from a visit to the impacted states.
3. An Affected Traveler unable to self-quarantine for the required 14-day period should consider a testing alternative. Such tested travelers should have a negative test for COVID-19 in the 72 hours prior to arrival in Connecticut and provide written proof to the Commissioner of Public Health.
If a test was obtained in the 72 hours prior to travel but the result is still pending at the time of arrival in Connecticut, such affected traveler should remain in self-quarantine in Connecticut until the test result is received and the written results are submitted to the Commissioner of Public Health.
P4118.238(b)
4218.238
5141.81
Personnel Certified/Non-Certified
Students/Staff
Self-Quarantine Policy/Regional Travel Advisory
Travelers and Connecticut Residents Affected (continued)
Travelers who test positive for COVID-19 prior to traveling to Connecticut should delay such travel and consult with a medical professional.
4. Affected travelers and Connecticut residents returning from impacted states should self-quarantine at their home, at a hotel or other temporary lodging.
5. Individual passing through impacted states for a limited duration through the course of travel are not subject to this advisory.
a. Examples of such brief passage include, but are not limited to, stopping at rest stops for vehicles, or layovers for air travel, bus travel or train travel.
b. Impacted states currently include, but are not limited to, Alabama, Arkansas, Arizona, California, Florida, Delaware, Florida, Georgia, Iowa, Idaho, Kansas, Louisiana, Mississippi, North Carolina, Nevada, Oklahoma, South Carolina, Tennessee, Texas, and Utah.
c. This list is fluid and will be updated on a weekly basis as the situation develops across the country on the Connecticut Travel Advisory webpage of Connecticut’s COVID-19 Response website.
d. Workers traveling from affected States to Connecticut who work in critical infrastructure, designated by the Cybersecurity and Infrastructure Security Agency, including students in exempt health care professions, are exempted from this travel advisory when such travel is related to their work in Connecticut. This includes any state, local, and federal officials and employees traveling in their official capacities on government business. If such work was in an Affected State other than Connecticut-related work (e.g. vacation) such worker shall self-quarantine and complete the required Travel Health form.
i. The Board further recognizes that the Commissioner of Public Health may issue additional protocols for other extraordinary circumstances or when a self-quarantine is not possible, provided such measures continue to safeguard the public health.
ii. Such criteria and protocols will be coordinated with New York and New Jersey in order to ensure that the tri-state area is protected from community transmission of COVID-19, while permitting free travel between and among the states.
P4118.238(c)
4218.238
5141.81
Personnel Certified/Non-Certified
Students/Staff
Self-Quarantine Policy/Regional Travel Advisory
6. All affected travelers, prior to or upon arrival in Connecticut, shall complete a Travel Health Form, developed by the Commissioner of Public Health. Such form shall be submitted electronically at ct.gov/travelform or to any location or person designated by the Commissioner of Public Health.
7. In compliance with Governor Lamont’s Executive Order 7III, a civil penalty may be imposed for the violation of these quarantine requirements.
Definitions
Affected Traveler means a person who has spent twenty-four hours or longer in an affected state within fourteen days prior to arriving in Connecticut, but does not include an individual remaining in Connecticut for less than twenty-four hours.
Quarantine is used to keep someone who might have been exposed to COVID-19 away from others. Quarantine helps prevent spread of disease that can occur before a person knows they are sick or if they are infected with the virus without feeling symptoms. Those in quarantine should stay home, separate themselves from others, and monitor their health.
Self-Quarantine is an agreement to remain at home or current lodging site and not go to school or work or visit a school campus, limit one’s movements outside and monitor one’s health for 14 days after returning from travel to a state impacted by Connecticut’s travel advisory. A self-quarantined individual agrees to isolate oneself from others to limit any potential of transmission of the virus, even if symptoms of the virus were not experienced at the end of the travel period.
Implementation Protocol
1. In order to protect health and safety and limit the spread of COVID-19, the Board expects/urges travelers from affected states to carefully follow Connecticut’s Travel Advisory. It is the individual’s decision to abide by the advisory.
2. This travel advisory applies to all travelers whose travel originates from the impacted states, and also applies to Connecticut residents who are returning from a visit to the impacted states.
3. The advisory requires visitors to Connecticut from the affected states to quarantine and self-monitor for 14 days. Those travelers coming to Connecticut for shorter stays can quarantine and self-monitor for less than that if their stay is shorter.
4. Parents/guardians of students who have traveled to or are planning such travel to an area impacted by this travel advisory are asked to self-report, via email to the COVID-19 Liaison, melony.brady-shanley@winchesterschools.org. Children meeting the travel advisory criteria should be kept home in quarantine by their parents, guardians.
P4118.238(d)
4218.238
5141.81
Personnel Certified/Non-Certified
Students
Self-Quarantine Policy/Regional Travel Advisory
Implementation Protocol (continued)
5. Parents/guardians are expected to follow these guidelines and to notify authorities if these situations described in this policy are applicable to them or their children.
6. All employees of Winchester Public Schools should not travel to states listed on the “Regional Travel Advisory List.” If an employee must travel to a state on the list, they must report this via email to melony.brady-shanley@winchesterschools.org at least 24-hours in advance of leaving and returning.
7. Staff members/employees are expected to voluntarily follow these guidelines and to notify appropriate school authorities if the situations described in this policy are applicable to them necessitating quarantine or testing, as applicable and should not enter the school campus or any district facility until such quarantine is completed or appropriate test results are provided.
8. Connecticut, New York, and New Jersey are asking hotels to communicate the 14-day quarantine to guests who have traveled from one of the impacted states.
9. The quarantine does not apply to travelers who just have a layover in an affected state.
10. Out-of-state visitors from affected states are encouraged to postpone travel. If not possible to delay travel, individuals are encouraged to self-quarantine in the home they are returning to in Connecticut. If not possible to self-quarantine from other household members, those other household members who did not travel from an impacted state are not required to self-quarantine
11. Travelers from the affected states may enter Connecticut if they have had a negative viral test (not an antibody test) for COVID-19 in the 72 hours prior to travel.
12. Due to the risk of contracting infection, and because of the need to self-quarantine on return, Connecticut residents are urged to avoid travel to the affected states whenever possible.
13. Students needing to self-quarantine based on this policy shall explore with appropriate school personnel the possibility of participating in a remote/distance learning instructional format.
Communication of Policy
1. This policy shall be posted on the District website and on all school websites.
P4118.238(e)
4218.238
5141.81
Personnel Certified/Non-Certified
Students
Self-Quarantine Policy/Regional Travel Advisory
Communication of Policy (continued)
2. This policy shall be brought to the attention of parents via: (those applicable to district)
• Notification by e-mail
• Listing in material distributed to parents/guardians
3. This policy shall be made available to the local health department.
4. At the time of initial enrollment of a student, parents/guardians will be asked if any of the conditions described in this policy are applicable.
5. A copy of this policy will be emailed to all district employees, with a confirmation email required.
6. Visitors to any school building, prior to entry, shall be asked whether the conditions of this travel advisory are applicable.
Source of information:
https://portal.ct.gov/Coronavirus/Covid-19-Knowledge-Base/Travel-In-or-Out-of-CT.
Self-Quarantine Protocol (also see Appendix with CDC guidelines)
1. Stay at home with immediate family as much as possible, except to get medical care.
2. Do not return to school or work or participate in any campus activities.
3. Do not go out for social events, gatherings.
4. Do not have social gatherings in your own home.
5. Separate yourself from other people or animals in your home.
6. If the need exists to go out of the house for medical appointments or groceries for example, follow social distancing (6ft) and wear a face covering.
7. Wash and sanitize hands frequently throughout the day.
8. Avoid sharing personal household items.
9. If traveling through an airport train or bus station, wear a face covering at all times and use extra sanitizing precautions (wipe down seats, seatbelts, tray tables, etc.).
10. When traveling by car and stopping at public rest areas, wear a face covering and use extra sanitizing precautions.
The Board reserves the right to interpret the provisions of this policy and to modify any or all matters contained in this policy at any time, subject to applicable law and information from the local, state and federal health authorities, the Governor, and the Connecticut Office of Early Childhood.
P4118.238(f)
4218.238
5141.81
Personnel Certified/Non-Certified
Students
Self-Quarantine Policy/Regional Travel Advisory
Self-Quarantine Protocol (also see Appendix with CDC guidelines) (continued)
This policy shall be in effect to coincide with the travel advisory or until Executive Order 7BBB, as amended by Executive Order 7III, expires.
(cf. 5141.22 – Communicable/Infectious Diseases)
(cf. 5141.8/4118.237/4218.237 – Face Masks)
(cf. 5141.6 – Crisis Management Plan)
(cf. 6114 – Emergencies and Disaster Preparedness)
(cf. 6114.6 – Emergency Closings)
(cf. 6114.8 – Pandemic/Epidemic Emergencies)
(cf. 6114.81 – Emergency Suspension of Policy During Pandemic)
Legal Reference: Connecticut General Statutes
10-154a Professional communications between teacher or nurse and student.
10-207 Duties of medical advisors.
10-221 Boards of education to prescribe rules.
19a-221 Quarantine of certain persons.
19a-131a Definitions
Executive Order No. 7BBB – Tri State Travel Advisory
Executive Order No. 7III – Mandatory Self-Quarantine of Travelers
Coronavirus Memo #26 “Child Care Guidance Regarding State of Connecticut Travel Advisories” by Beth Bye, Commissioner
The Family Educational Rights and Privacy Act of 1974, (FERPA), 20 U.S.C. 1232g, 45 C.F.R. 99.
Adapt, Advance, Achieve: Connecticut’s Plan to Learn and Grow Together
Connecticut LEA School Reopening Template
CDC Considerations for Schools
CDC Symptoms of Coronavirus
CDC Quarantine & Isolation
CDC Use of Cloth Face Coverings to Help Slow the Spread of COVID-19
CDC Interim Guidance for Administrators of US K-12 Schools and Child Care Programs
CDC Schools Decision Tree for Schools Reopening
4118.238/
4218.238
5141.81
Appendix
Self-Quarantine Guidelines
• Stay home or at place of lodging except to get medical care. Do not go to work, school or public areas. Avoid using public transportation, ride-sharing or taxis. Call ahead before visiting your doctor. If you have a medical appointment, call the healthcare provider and tell them that you have or may have COVID-19.
• Monitor your symptoms. Seek prompt medical attention if your illness is worsening. Before seeking care, call your healthcare provider and tell them that you have, or are being evaluated for, COVID-19. Put on a facemask before you enter the facility.
• If you have a medical emergency and need to call 911, notify the dispatch personnel that you have, or are being evaluated for COVID-19. If possible, put on a facemask before emergency medical services arrive.
• Separate yourself from other people and pets in your home. As much as possible, you should stay in a specific room and away from other people in your home. Also, you should use a separate bathroom, if available. You should restrict contact with pets. If you must care for your pet while sick, wash your hands before and after you interact with pets and wear a facemask.
• Prohibit visitors who do not have an essential need to be in the home.
• Wear a facemask. You should wear a facemask when around other people or pets. If you are unable to wear a facemask, people who live with you should not stay in the same room or they should wear a facemask if they enter your room. Throw out disposable facemasks and gloves after using them. Do not reuse them.
• Cover your coughs and sneezes. Cover your mouth and nose with a tissue when you cough or sneeze. Throw used tissues in a lined trash can. Immediately wash your hands with soap and water for at least 20 seconds.
• Wash your hands often. Wash your hands often with soap and water for at least 20 seconds, especially after blowing your nose, coughing, or sneezing; going to the bathroom; and before eating or preparing food.
• Avoid touching your eyes, nose and mouth with unwashed hands.
• Avoid sharing personal household items. You should not share dishes, drinking cups, utensils, towels, or bedding with other people or pets in your home. After using these items, they should be washed thoroughly with soap and water.
4118.238/
4218.238
5141.81
Appendix
(continued)
Self-Quarantine Guidelines
• Clean all “high-touch” surfaces every day. High touch surfaces include counters, tabletops, doorknobs, bathroom fixtures, toilets, keyboards, tablets, and bedside tables. Also, clean any surfaces that may have body fluids on them. Use a household cleaning spray or wipe, according to the label instructions. Wear gloves and make sure you have good ventilation during the use of the product.
• Immediately remove and wash clothes or bedding that have body fluids on them. Wear disposable gloves while handling soiled items.
The decision to discontinue self-quarantine or home isolation precautions should be made on a case-by-case basis, in consultation with health care providers and state and local health departments.
Information from CDC
7/2020
Board of Education Policy Regarding
Personnel-Certified/Non-Certified
Required COVID-19 Vaccinations
Policy # 4118.239(a), 4218.239
New: 11/9/2021
Supersedes / Amends:
The Board of Education (BOARD) recognizes the importance of protecting the health and safety of students, staff, and the community during the COVID-19 pandemic. Therefore, in accordance with the Governor’s Executive Order 13D, the Board requires that all staff within District schools, as defined by this policy, are required to receive at least one dose of a COVID-19 vaccine by September 27, 2021. Those not vaccinated by such date due to certain exemptions are required to be tested for COVID-19 on a weekly basis.
Definitions
For purposes of this policy, the following definitions shall apply:
“Fully vaccinated” means at least 14 days have elapsed since a person has received the final dose of a vaccine approved for use against COVID-19 by the U.S. Food and Drug Administration, or as otherwise defined by the Centers for Disease Control.
“School Board” refers to the operator of any public or non-public preK through grade 12 school.
“Contract Worker” means any person who provides service to the school board, but is not employed by the Board and is not a volunteer.
“Covered Worker” refers to all employees, both full and part-time, contractors, providers, assistants, substitutes, and other individuals working in a public or non-public pre-K to grade 12 school including individuals providing operational or custodial services or administrative support or any person whose job duties require them to make regular or frequent visits to any such schools.
Covered Worker does not include a contractor or employee of an outside vendor who visits a public or non-public pre-K through grade 12 school only to provide one-time or limited-duration repairs, services, or construction, or a volunteer.
“Contractor” refers to any person or business entity, including a vendor of support services or subcontractor, that provides the personnel who function as contract workers, state employees, state hospital employees, or covered workers to a covered state agency, school board, or child care facility.
COVID-19 Vaccination Requirements
Vaccines shall be required as provided below.
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
COVID-19 Vaccination Requirements (continued)
On and after September 27, 2021, school boards (the Board) shall, prior to extending an offer of employment to, or entering into a contract for the in-person services of, a covered worker or an entity that employs a covered worker, require that any covered worker:
1. is fully vaccinated against COVID-19,
2. has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine,
3. is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the covered worker objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the school board or child care facility; provided that any covered worker claiming such exemption shall apply for an exemption on the basis of medical conditions or sincerely held religious or spiritual beliefs.
Each request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.
4. A covered worker who is hired before September 27, 2021 may, as an alternative to vaccination, and regardless of whether such worker has a medical or religious exemption, comply with the testing requirements contained within this policy.
On and after September 27, 2021, the Board shall not employ, or maintain a contract for the provision of in-person services of, any covered worker or an entity that employs a covered worker, unless such covered worker:
1. is fully vaccinated against COVID-19,
2. has received the first dose and has either received a second dose or has an appointment for the second dose in a two-dose series vaccination, such as Pfizer or Moderna vaccines, or has received a single-dose vaccine, such as Johnson & Johnson’s Janssen vaccine, or
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
COVID-19 Vaccination Requirements (continued)
3. is exempt from this requirement because a physician, physician’s assistant, or advanced practice registered nurse determined that the administration of COVID-19 vaccine is likely to be detrimental to the covered worker’s health, or the individual objects to vaccination on the basis of a sincerely held religious or spiritual belief, and the covered worker is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the school board or child care facility; provided that any school board or childcare facility employee claiming such exemption shall apply for an exemption due to medical conditions or sincerely held religious or spiritual beliefs.
Each request for an exemption will be considered on an individualized, case by case basis. Employees who have applied for an exemption must provide appropriate supporting documentation upon request.
4. A covered worker who is hired before September 27, 2021 may, as an alternative to vaccination, and regardless of whether such worker has a medical or religious exemption, comply with the testing requirements contained within this policy.
On and after September 27, 2021, the Board will not employ, or contract for the provision of services from, any covered worker or entity that employs a covered worker subject to the conditions above and is not exempt who has received the first dose of a two-dose series vaccination but fails to receive the second dose on the appropriate date as recommended by CDC or at the scheduled appointment without good cause.
Vaccination Verification and Testing for Covered Workers
The school board shall authenticate, or where applicable require that the contractor providing the services of a covered worker authenticate, the vaccination status of covered workers, maintain documentation of vaccination or exemption of such covered workers and report compliance with this order, in a form and manner directed by the Department of Public Health.
Through this policy, or where applicable the Board direction to a contractor of a covered worker to implement a policy, covered workers who have not demonstrated proof of either full vaccination are required to submit to COVID-19 testing one time per week on an ongoing basis until fully vaccinated. Adequate proof of the test results on a weekly basis shall be presented to the school board. This requirement shall take effect on September 27, 2021.
Personnel - Certified/Non-Certified Required COVID-19 Vaccinations (continued) Acceptable Proof of Vaccination
Covered workers may demonstrate proof of vaccination by providing one of the following:
1. CDC COVID-19 Vaccination Record Card or photo of the Vaccination Record Card;
2. Documentation from a health care provider or electronic health care records;
3. State Immunization Information record; or
4. Other documentation prescribed by the Commissioner of Public Health.
Personal attestation will not be accepted as an acceptable form of proof of a COVID-19 vaccination. (The Commissioner of Public Health may promulgate binding standards for authentication of a Vaccination Record Card.)
Violations and Enforcement
Any covered worker who fails to comply with this policy shall not be allowed on the premises of the school board until the individual provides adequate proof of compliance or without prior written authorization of the school board.
The school board recognizes that it will be in violation of this policy, based on the Governor’s Executive Order, when it permits a covered worker who has not complied with this policy to be in a pre-K through grade 12 school, to make regular or frequent visits to any such school facility, or to have regular or frequent contact with children in child care, students, or staff.
The school board also commits a violation if it fails to authenticate the vaccination status of a covered worker or contract worker, maintain documentation of vaccination, testing, or allowable exemptions as required.
The Board recognizes that if the State Department of Education (SDE) determines that the Board is not in compliance with the requirements of this policy, the SDE may require Board to forfeit a portion of the total sum which is paid to the school board from the State Treasury in an amount to be determined by the Commissioner of Education, which amount shall be not less than one thousand dollars nor more than ten thousand dollars.
Any forfeited amount shall be withheld from a grant payment, as determined by the Commissioner, during the fiscal year following the fiscal year in which noncompliance is determined. (The Commissioner of Education may waive such forfeiture if the Commissioner determines that the failure of a school board to comply with such a provision was due to circumstances beyond its control.)
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
Legal Reference Connecticut General Statutes
10-145 Certificate necessary to employment. Forfeiture for noncompliance. Substitute teachers.
Governor’s Executive Order No. 13D, August 19, 2021 Governor’s Executive Order No. 13G, September 10, 2021
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
(Implementation Guidance for Executive Order 13G: Vaccination Mandate for Individuals Working for State Facilities, State Hospitals, Public and Non-Public Pre K–12 Schools, and Child Care Facilities Updated September 17, 2021)
This administrative regulation sets forth the form and manner in which individuals subject to the Executive Order 13D &13G must prove and authenticate their vaccination status or request an exemption from the mandate and includes the requirements for proving compliance with the related testing mandate if the individual is working under an approved exemption. It is based upon the Connecticut Department of Public Health’s “Implementation guidance for Executive Order 13G,” and is subject to any future modification made to such document.
I. Proving and Authenticating Vaccination Status for Individuals Subject to the Order
A. Proof of Vaccination
Individuals may prove their COVID-19 vaccination status by providing to school board, or other designee a copy of any one of the following categories of documentation plus a signed declaration of authenticity:
1. A valid CDC Vaccination Card.
The CDC Vaccination Card must contain the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered; or
2. A record from the individual’s vaccine provider indicating the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered (“Provider Vaccination Record”): or
3. A certificate from the Vaccine Administration Management System (“VAMS”), if the individual received vaccination through the VAMS system (“VAMS Certificate”). The VAMS Certificate must contain the name and date of birth of the individual, the manufacturer of the COVID- 19 vaccine that was administered, and the date(s) on which the vaccine was administered; or
4. A copy of the individual’s official immunization record from the Connecticut Immunization Information System, CT WiZ. Valid CT WiZ immunization records contain the name and date of birth of the individual, the manufacturer of the COVID-19 vaccine that was administered, and the date(s) on which the vaccine was administered. Individuals may download a copy of their record by visiting https://portal.ct.gov/DPH/Immunizations/CT-WiZ-Access-My- ImmunizationRecord
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
I. Proving and Authenticating Vaccination Status for Individuals Subject to the Order
(continued)
B. Declaration of Authenticity of Vaccination Record
Individuals shall complete and sign a declaration as to the authenticity of their proof of vaccination. Proof of vaccination will not be deemed valid unless accompanied by the individual’s signed declaration.
A sample declaration form is included in Appendix A.
II. Exemptions and Testing Requirements
A. Medical Exemptions
Individuals who cannot receive COVID-19 vaccination because the administration of COVID-19 vaccine is likely to be detrimental to the individual’s health must request an exemption from the Executive Order. Medical exemption forms must be signed by the individual’s physician (MD or DO), physician’s assistant (PA), or advance practice nurse practitioner (APRN). Covered Workers may use the medical exemption request form, Appendix B, provided by their school.
B. Religious or Spiritual Exemptions
Individuals who object to vaccination on the basis of a sincerely held religious or spiritual belief may request an exemption from the Executive Order.
Covered Workers may use the religious or spiritual exemption request form provided by the school board (Appendix C).
C. Testing Requirements
Covered workers in PreK-12 schools and child care facilities who are not “fully vaccinated” (as defined by the Executive Order) by September 27, 2021 must test for SARS-CoV-2 (the virus that causes COVID-19) at least weekly (i.e., at least one test every 7 days) unless they can provide documented proof that they have tested positive for, or been diagnosed with, COVID-19 infection in the prior 90 days (Appendix D).
To comply with the testing requirement, testing must be either PCR or antigen SARS-CoV-2 tests and must be administered and reported by a state licensed clinical laboratory, pharmacy-based testing provider, or other healthcare provider facility with a current Clinical Laboratory Improvement Amendments (CLIA) waiver.
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
II. Exemptions and Testing Requirements (continued)
C. Testing Requirements (continued)
Only test results submitted to the school board can within 72 hours of the test administration date will be deemed compliant with the testing requirement. Test result reports should include the name and location of the testing laboratory or provider facility performing the test, the name of the person tested, the date the sample was collected, and the test result. Home-based testing and results obtained outside of a facility of the type indicated above are not considered adequate proof of a SARS-CoV-2 test for the purposes of complying with the Executive Order.
III. Document Submissions
A. Vaccine and Exemption Documents
Covered workers should follow the District’s established process. The required documentation must be submitted in a timely and secure manner. These processes may be developed, implemented, and maintained either on-site through facility staff, or through an authorized third party.
B. Testing Documents
Covered workers should follow the District’s established process to submit required documentation in a timely and secure manner. These processes may be developed, implemented, and maintained either on-site through facility staff, or through an authorized third party. Individuals in PreK-12 schools or childcare facilities should inquire with their employer about the appropriate process for submitting adequate proof of SARS-CoV-2 test results on a weekly basis. Processing delays with vaccine providers, VAMS, web-based applications, laboratories, medical providers, or state agencies will not excuse compliance with the Executive Order.
Covered workers who wish to request a temporary waiver from SARS-CoV-2 testing on the basis of having had COVID-19 within the prior 90 days must submit a copy of the Temporary Waiver request (Appendix D), completed and signed by their healthcare provider, using the submission format and process designated by their facility for submitting test results.
Any individual granted a temporary waiver from SARS-CoV-2 must return to regular weekly testing after the expiration date indicated on the waiver form if they are not fully vaccinated by that date.
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
III. Document Submissions (continued)
C. No Extensions
The Executive Order requires the submission of the appropriate vaccination documentation, requests for exemptions, and/or test results by the September 27, 2021 deadline. Individuals subject to this Executive Order are solely responsible for gathering and submitting all required documentation in advance of the established deadline in order to ensure that they are in compliance on and after September 27, 2021.
Processing delays with vaccine or healthcare providers, VAMS, web-based applications, or state agencies will not excuse compliance with the Executive Order.
IV. Maintaining Documentation to Demonstrate Compliance with the Order
A. Required Documents
The District will maintain either in paper or electronic format, the following information for all covered workers who are subject to the Executive Order. Such information shall be either physically on-site or maintained by an authorized third party, shall be kept current, and shall be made available to appropriate State regulatory agencies upon request. The District need not maintain similar documentation for contract workers, but must require contractors to positively affirm that contract workers and their Contractors are in compliance with the provisions of the Executive Order prior to granting those workers access to their facilities.
Contractors shall also maintain either in paper or electronic format, the following information for their contract workers.
Required documents include:
1. A master roster of all individuals subject to the Executive Order (including employees, contract workers, and others) and including each individual’s status as:
a. fully vaccinated, or
b. having received their first dose of a two-dose COVID-19 vaccine prior to September 27, 2021 and the scheduled date of their second dose appointment that conforms to current Advisory Committee on Immunization Practices (ACIP) recommendations for COVID-19 vaccine dosing schedules, or
c. granted an exemption from vaccination on the basis of a medical condition or firmly held religious or spiritual belief.
d. having chosen to submit to weekly testing in lieu of being fully vaccinated for COVID-19.
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
IV. Maintaining Documentation to Demonstrate Compliance with the Order (continued)
A. Required Documents (continued)
2. A COVID-19 vaccination record for each fully or partially vaccinated individual, as well as a completed and signed declaration of authenticity of any vaccination record for individuals who have submitted a copy of a vaccination record as proof of vaccination.
3. A completed, signed, and approved medical exemption or religious/spiritual exemption form for each individual who has not been fully or partially vaccinated and has been granted an exemption.
4. Documented adequate proof of the results of a weekly test for SARS- CoV-2 for each individual who is not fully vaccinated and has not had a documented COVID-19 infection within the prior 90 days.
5. A completed and appropriately provider certified request for a temporary waiver from weekly SARS-CoV-2 testing for individuals with a documented COVID-19 infection within the prior 90 days.
B. Exemption Forms
Templates for medical and religious/spiritual exemption forms are included in Appendix B (medical) and Appendix C (religious/spiritual). Medical exemption forms must be signed by the physician (MD or DO), physician’s assistant (PA), or nurse practitioner (APRN) from whom the individual is currently receiving care.
As outlined in the Executive Order covered workers may voluntarily opt for weekly testing for SARS-CoV-2 rather than receiving vaccination for COVID-19. Individuals opting for weekly testing in lieu of vaccination will be required to submit at least one negative SARS-CoV-2 test result every 7 days and comply with all other provisions of the Executive Order in order to retain access to on-site work.
C. Testing Documentation: Adequate Proof of Weekly Negative SARS-CoV-2 Test Results.
Covered workers who are not fully vaccinated by September 27, 2021, and who cannot provide documented proof that they have tested positive for, or been diagnosed with, COVID-19 infection in the prior 90 days, are required to test for SARS-CoV-2 weekly (i.e., at least once every 7 days) and submit “adequate proof of the results” of SARS-CoV-2 testing to the school board, using the process determined by their applicable facility.
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
IV. Maintaining Documentation to Demonstrate Compliance with the Order (continued)
C. Testing Documentation: Adequate Proof of Weekly Negative SARS-CoV-2 Test Results. (continued)
Individuals who are required to test for SARS-CoV-2 under the Executive Order shall be considered to have submitted adequate proof of a SARS-CoV-2 test result if they provide evidence of a PCR or antigen SARS-CoV-2 test administered within the prior 72 hours, and for which the test was performed by, and the result reported by, a state licensed clinical laboratory, pharmacy-based testing provider, or other healthcare provider facility with a current Clinical Laboratory Improvement Amendments (CLIA) waiver, that includes the name and location of the testing laboratory or provider facility performing the test, the name of the person tested, the date the sample was collected, and the test result. Home-based testing and results obtained outside of a facility of the type indicated above are not considered adequate proof of a SARS-CoV-2 test for the purposes of complying with the Executive Order.
Covered workers who have been granted an exemption from vaccination on the basis of a medical condition or firmly held religious or spiritual beliefs must comply with the foregoing testing requirements. In addition, covered workers without an exemption but who have chosen to submit weekly test results for SARSCoV-2 rather than be vaccinated for COVID-19 must also comply with the foregoing testing requirements.
Covered workers, and/or contract workers should not be provided access to any of the facilities covered under this Executive Order unless the most recent test result provided, as required by the Order, is “negative” or indicate that virus material is “not detected”. Results provided as “inconclusive” are not considered negative results and as such require retesting. If an individual receives an inconclusive result and cannot be retested and provide a negative result within 7 days of their last negative test, then that individual should be excluded from on-site work until they can provide a negative test result.
V. Responsibility for Ensuring Continuous Compliance with the Order
The District must ensure compliance with the Order as of September 27, 2021, including ensuring that all covered workers (inclusive of employees and contract workers) have:
1. submitted proof of their status as fully vaccinated (as defined above); or
2. submitted proof of a single dose of a two-dose COVID-19 vaccine and provided the date of a scheduled second dose appointment; or
3. requested and been granted a medical or religious/spiritual exemption from COVID- 19 vaccination; and
Personnel - Certified/Non-Certified
Required COVID-19 Vaccinations
V. Responsibility for Ensuring Continuous Compliance with the Order (continued)
4. if not fully vaccinated, submitted adequate proof of a negative test for SARS-CoV-2 in the prior 7 days, unless the individual has been granted a temporary testing waiver based upon a documented COVID-19 infection within the prior 90 days.
After September 27, 2021, the District must restrict access to their facilities for those individuals who fall out of compliance at any time with the requirements of the Order, including but not limited to failure to submit adequate proof of a weekly COVID-19 test result and/or failure to receive a second dose of a two-dose vaccine when scheduled and in compliance with current Advisory Committee on Immunization Practices (ACIP) recommendations for COVID-19 vaccine dosing schedules.
The District is responsible to secure compliance reports from contractors regarding their contract workers’ compliance with the Executive Order. At a minimum, periodic reporting of numbers of contract workers who are vaccinated, have been granted an exemption, and are subject to weekly testing should be reported to the school board at a frequency that the school board facility determines is sufficient to assure compliance.
VI. Enforcement and Inspection
The Board of Education is required to collect and maintain copies of the required documentation for employees and other covered workers, and to ensure compliance with the Executive Order, by the September 27 deadline. The Board must make available for inspection by the State Department of Education any documentation required to confirm compliance with the Order, upon request.
Declaration Attesting to the Authenticity of an Individual’s COVID-19 Vaccination Record COVID-19 Vaccination Record Declaration
Pursuant to Executive Order No. 13G, State Employees, State Hospital Employees, all individuals working in a public or non-public PreK-12 school or Child Care Facility (“covered workers”), and any contract workers in these facilities must be fully vaccinated for COVID-19, partially vaccinated with one dose of a two-dose COVID-19 vaccine regimen and have a scheduled second dose appointment, prior to September 27, 2021; or be exempted from the vaccine requirement for reasons of medical contraindication or firmly held religious or spiritual belief. Individuals submitting a copy of an official CDC Vaccination Card or any other record as stipulated in Executive Order No. 13G to verify their vaccine status must also include a declaration attesting to the authenticity of that documentation.
If you are using an electronic or paper copy of a CDC Vaccination Card or other official record to verify your vaccine status, please complete this declaration form and submit it to the individual(s) designated by the facility to receive these forms.
Name: Date of Birth: Job Title: Employee Number: Agency/Department: Manager/Supervisor:
Email: Cell Phone:
Home Phone: Work Phone:
If you do not have access to a smart phone or computer, you can submit your information via email at Statecovid@wellsparkhealth.com or fax to 860-678-5207 or 860-678-5229. Please include proof of vaccination. Even if you are only partially vaccinated, please include that information as well. Please include proof of vaccination. Even if you are only partially vaccinated, please include that information as well.
Your signature below indicates agreement with the following statement:
I declare and attest that the attached official record is a copy of my personal vaccination record and that the information included in that document is true and accurate, to the best of my knowledge. I understand that the submission of false information to a covered state agency, school board, child care facility, the State of Connecticut or its agents or representatives is punishable pursuant to Section 53a157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year. I understand that it is a crime under federal law to use, buy, sell, or transfer a CDC vaccination card knowing that it is fraudulent. A violation of this federal law is punishable by a fine or imprisonment of up to five years. 18 U.S.C. SEC. 1017;
Employee Signature Date
COVID-19 Vaccination Medical Exemption Request Form
Request for Medical Exemption for COVID-19 Vaccination
Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may exempt an individual from the facility’s COVID-19 vaccination requirement if the individual’s physician (MD or DO), physician assistant (PA), or advanced practice registered nurse (APRN) determines that the administration of the COVID-19 vaccine is likely to be detrimental to the individual’s health. In such cases, the facility may allow the individual to continue to access on-site facilities if the individual:
1. is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,
2. does not pose a direct threat to the health or welfare of others, and
3. submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis.
To request a medical exemption to the COVID-19 vaccination requirement, please complete the information below and have your physician, physician assistant, or advanced practice registered nurse complete the information on the pages that follow. Once the form is completed, please submit it to the individual designated by the facility.
EMPLOYEE REQUESTING EXEMPTION:
Name: Date of Birth:
Job Title: Employee Number: Agency/D _ Manager/Supervisor: Email:
Cell Phone: Home Phone: Work Phone:
COVID-19 Vaccination Medical Exemption Request Form HEALTHCARE PROVIDER CERTIFICATION
Patient Name:
Dear Healthcare Provider:
The above-named individual has requested a medical exemption from COVID-19 vaccination as required by their employer under the Governor’s Executive Order No. 13G. This request for exemption will be evaluated based on the medical information you provide. A medical exemption is allowed only for currently recognized contraindications or other compelling medical reasons.
We encourage you to listen carefully to your patient’s concerns regarding vaccination and provide information that will help them make a fully informed decision. The CDC also provides information that is helpful in overcoming vaccine hesitancy. For some patients, specialists in allergies and immunology may be able to provide additional care and advice. Please include any related medical information connected to your assessment.
Please complete this form if the person listed above seeking a medical exemption is your patient, you agree that this patient has medical contraindications to receiving all currently available COVID-19 vaccines, and you recommend that this patient should NOT be vaccinated for COVID-19 based on their individual medical condition(s). More information on clinical considerations for COVID-19 vaccination, including contraindications, can be found on the CDC website:
https://www.cdc.gov/vaccines/covid-19/clinical-considerations/covid-19-vaccines-us.html
Directions:
Part 1. Please complete the Provider Information requested.
Part 2. Please mark the currently recognized contraindications/precautions that apply to this patient (indicate all that apply).
Part 3. If no contraindications or precautions apply in Part 2 but you are still indicating a need for medical exemption from COVID-19 vaccination for this patient, provide a brief explanation of your reasoning for this opinion.
Part 4. Read, sign, and date the Statement of Clinical Opinion.
Patient Name:
Part 1. Provider Information:
Physician (MD or DO)/Physician Assistant/Nurse Practitioner (APRN) Name (print):
Name and Address of Practice:
Contact Phone Number: Email:
State License Number:
Part 2. Specific Contraindications
Medical contraindications and precautions for COVID-19 vaccine are based upon the Advisory Committee on Immunization Practices (ACIP) Interim Clinical Considerations for Use of COVID-19 Vaccines Currently Approved or Authorized in the United States, published by the Centers for Disease Control and Prevention.
A contraindication is a condition in a recipient that increases the risk for a serious vaccine adverse event (VAE) or compromises the ability of the vaccine to produce immunity.
A precaution is a condition in a recipient that might increase the risk for a serious VAE or that might compromise the ability of the vaccine to produce immunity. Under normal conditions, vaccinations are deferred when a precaution is self-limiting, but can be administered if the precaution condition improves.
Neither contraindications nor precautions to COVID-19 vaccination
Allergic reactions (including severe allergic reactions) not related to vaccines (COVID-19 or other vaccines) or injectable therapies, such as allergic reactions related to food, pet, venom, or environmental allergies, or allergies to oral medications (including the oral equivalents of injectable medications), are not a contraindication or precaution to COVID-19 vaccination. The vial stoppers of COVID-19 vaccines are not made with natural rubber latex, and there is no contraindication or precaution to vaccination for people with a latex allergy. In addition, because the COVID-19 vaccines do not contain eggs or gelatin, people with allergies to these substances do not have a contraindication or precaution to vaccination.
Delayed-onset local reactions have been reported after mRNA vaccination in some individuals beginning a few days through the second week after the first dose and are sometimes quite large. People with only a delayed-onset local reaction (e.g., erythema, induration, pruritus) around the injection site area after the first vaccine dose do not have a contraindication or precaution to the second dose. These individuals should receive the second dose using the same vaccine product as the first dose at the recommended interval, preferably in the opposite arm.
Please mark the vaccine(s), exemption duration, and all contraindications/precautions that apply to this patient for each vaccine.
CDC Recognized Contraindications and Precautions COVID-19 Vaccines included in exemption
☐ Pfizer mRNA vaccine
☐ Moderna mRNA vaccine
☐ Janssen/ J&J viral vector vaccine
Exemption Duration ACIP Contraindications and Precautions (Check all that apply)
☐ Temporary through: / (mm/yyyy)
☐ Permanent
Contraindications
☐ Severe allergic reaction* (e.g., anaphylaxis) after a previous dose or to a component of the COVID-19 vaccine
☐ Immediate allergic reaction* of any severity to a previous dose or known (diagnosed) allergy to a component of the COVID-19 vaccine
Precautions
☐ History of an immediate allergic reaction* to any vaccine other than COVID-19 vaccine
☐ History of an immediate allergic reaction* to any injectable therapy (i.e., intramuscular, intravenous, or subcutaneous vaccines or therapies [excluding subcutaneous immunotherapy for allergies, i.e., “allergy shots”])
☐ History of an immediate allergic reaction* to a vaccine or injectable therapy that
contains multiple components, one or more of which is a component of a COVID-19 vaccine, have a precaution to vaccination with that COVID-19 vaccine, even if it is unknown which component elicited the allergic reaction
* Immediate allergic reaction to a vaccine or medication is defined as any hypersensitivity-related signs or symptoms consistent with urticaria, angioedema, respiratory distress (e.g., wheezing, stridor), or anaphylaxis that occur within four hours following administration.
Part 3. Other Medical Condition Necessitating Exemption
If claiming the need for a medical exemption from COVID-19 vaccination for this patient based on a condition that does not meet any of the ACIP criteria for a contraindication or precaution listed in Part 2, provide an explanation of your reasoning for this opinion below.
Submit your information via email to: or fax to: . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.
PROVIDER CERTIFICATION: In accord with the legal requirements of Executive Order 13G, I certify that the above-named individual should be granted a medical exemption from COVID- 19 vaccination because I have reviewed the clinical considerations for COVID-19 vaccination and accordingly have determined that the administration of a COVID-19 vaccine would be detrimental to the individual’s health. I understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than
$2,000 or imprisonment of not more than one year.
Signature: Date:
Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order
Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may exempt an individual from the facility’s COVID-19 vaccination requirement if an individual objects to the vaccination based on sincerely held religious or spiritual beliefs and practices. In such cases, the facility may allow the individual to continue to perform their job functions if the individual:
1. is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,
2. does not pose a direct threat to the health or welfare of others, and
3. submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis
If you have a sincerely held religious belief that you believe prevents you from receiving the COVID-19 vaccine, you must sign and submit this form for consideration through the school office or via email or faxed copy. All requests and supporting documentation will be reviewed by the district by a designee of the superintendent. The district designated representative may contact you for additional information or for clarification, as deemed necessary.
A “sincerely held religious or spiritual belief”:
· should be more than a social, economic, or political philosophy; and
· need not be tied to a specific religious organization, but should relate to a belief system that is comprehensive and addresses fundamental and/or ultimate questions.
The completed form together with any supporting documentation must be signed and uploaded/forwarded by no later than September 27, 2021. All requests are considered pending until the requestor receives notice of an approval or denial.
To request an individual exemption from required COVID-19 vaccination on the basis of a firmly held religious or spiritual belief, please complete this form and submit it to the individual(s) designated by your facility to receive these forms.
Name: Date of Birth:
Job Title: Employee Number: Agency/Department: Manager/Supervisor:
Email: Cell Phone: Home Phone: Work Phone:
Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order
In the space below, please provide a personal statement detailing the religious or spiritual basis for your vaccination objection, explaining why you are requesting this religious or spiritual exemption, the religious or spiritual principle(s) that guide your objection to vaccination, and the religious or spiritual basis that prohibits you from receiving the COVID-19 vaccination. Please attach additional documentation, if necessary. A District representative may need to discuss the nature of your religious or spiritual belief(s), practice(s) and/or request for exemption with your witness or religious leader(s) (if applicable) and will contact you if that becomes necessary. The District-designated representative may also request additional supporting documentation if needed.
Have you received immunizations in the past? ☐ Yes or ☐ No (check one)
If yes to the previous question, please provide an explanation detailing any changes in your religion, belief, or observance that have occurred since your last immunization, or the reason(s) that you believe your religion, belief, or observance prevents you from receiving the COVID-19 vaccine:
Submit your information via email to: or fax to . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.
Request for Religious or Spiritual Exemption from Mandatory COVID-19 Vaccination Order
By signing this form, you certify that the information you have provided in connection with this request is accurate and complete as of the date of submission. You understand this exemption may be revoked and you may be subject to disciplinary action if any of the information you provided in support of this exemption is false. You further acknowledge that if your request is approved, you will receive a religious or spiritual exemption from receiving the COVID-19 vaccine and will be required to comply with the testing requirement set out in Executive Order No. 13G. You also acknowledge that you have read the CDC Covid-19 Vaccine Information, which can be found via the link provided here: https://www.cdc.gov/coronavirus/2019- ncov/vaccines/index.html
You also certify that you understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.
Printed/Typed name: Signature
Date
Temporary Waiver from Weekly COVID-19 Testing on the Basis of Prior COVID-19 Infection
Pursuant to Executive Order No. 13G, Covered State Agencies, School Boards, or Child Care Facilities may allow individuals who are not fully vaccinated to continue to access on-site facilities only if the individual:
1. is able to perform their essential job functions with a reasonable accommodation that is not an undue burden on the facility,
2. does not pose a direct threat to the health or welfare of others, and
3. submits adequate proof of a negative test for SARS-CoV-2 on a weekly basis
CDC recommends that individuals who have had documented COVID-19 within the prior 90 days should not be included in screening testing programs for asymptomatic people. This is because some components of viral RNA may remain present in a COVID-19 recovered person’s body for up to 90 days, and as a result cause a person to test positive for SARS-CoV-2 even when they are not actively infected (i.e., false positives). Individuals who are experiencing symptoms of COVID-19 who have been infected in the prior 90 days should consult with their healthcare provider regarding the utility of SARS-CoV-2 testing.
If you are a state employee or other covered worker subject to the provisions of Executive Order No. 13G, you may request a temporary waiver from the weekly SARS-CoV-2 testing portion of the Executive Order requirements for the 90 days after your COVID-19 diagnosis. To request this waiver, individuals must have their healthcare provider complete the information below and both you and your healthcare provider must attest to the accuracy of the information provided. Once the form is completed, please submit it to the individual designated by the facility to receive this request.
EMPLOYEE REQUESTING EXEMPTION:
Name: Date of Birth: Job Title: Employee Number: Agency/Department:
Manager/Supervisor: Email:
Cell Phone: Home Phone: Work Phone:
HEALTHCARE PROVIDER CERTIFICATION
Patient Name:
Dear Healthcare Provider:
The above-named individual has requested to be temporarily excused from SARS-CoV-2 testing, as required by their employer under the Governor’s Executive Order No. 13G, on the basis of having had COVID-19 within the prior 90 days. This request for a temporary waiver will be evaluated based on the information you provide.
Please complete this form if the person listed above seeking a temporary waiver from SARS- CoV-2 testing is your patient and you can positively attest that this patient had COVID-19 at some point in the prior 90 days. More information on recommendations for SARS-CoV-2 testing, including under what conditions testing is or is not recommended, can be found on the CDC website: https://www.cdc.gov/coronavirus/2019-ncov/hcp/testing-overview.html.
Directions:
Part 1. Please complete the Provider Information requested.
Part 2. Please mark the applicable basis for your recommendation for a temporary waiver for this patient, and the date of diagnosis and applicable date of expiration of the waiver.
Part 3. Read, sign, and date the Statement of Clinical Opinion.
Part 1. Provider Information:
Physician (MD or DO)/Physician Assistant/Nurse Practitioner (APRN) Name (print):
Name and Address of Practice:
Contact Phone Number: Email:
State License Number:
Part 2. Basis of Verification of Patient’s Current or Prior COVID-19 Status
In this section, indicate the basis on which you can affirmatively verify that the individual requesting this temporary waiver has had an active SARS-CoV-2 infection within the prior 90 days.
(continued)
Please check off any of the following that apply:
☐ I have verified that this individual had a positive test for SARS-CoV-2 performed by, and the result reported by, a state licensed clinical laboratory, pharmacy-based testing provider, or other appropriate healthcare provider facility within the prior 90 days
☐ I had diagnosed this individual with COVID-19 within the prior 90 days based on his or her symptom presentation and history of close contact with another COVID-19 case
Patient Name:
☐ I had diagnosed this individual with COVID-19 within the prior 90 days on some other clinical basis (must specify below):
Date of COVID-19 diagnosis:
Date of Waiver Expiration: (90 days after date listed above)
Submit your information via email to: or fax to: . If you have filed for a medical or religious exemption, you are not considered compliant until that exception is officially approved upon review. Please be reminded that you must submit weekly testing results.
Part 3: Statement of Clinical Opinion
Your signature below indicates agreement with the following statement:
PROVIDER CERTIFICATION: In accord with the legal requirements of Executive Order 13G, I certify that the above-named individual should be granted a temporary waiver from SARS-CoV-2 testing based on their having had COVID-19 within the prior 90 days. I understand that it is a crime under Connecticut State law to provide false information in response to the provisions of this Executive Order, punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.
Signature: Date:
Declaration Attesting to the Authenticity of COVID-19 Test Results Submitted by Employees
COVID-19 Test Results Report Declaration
Pursuant to Executive Order No. 13G, State employees and Covered Workers (as defined in 13G(1)(b), (c), and (f)) who are not fully vaccinated (as defined in 13G(1)(a)) by September 27, 2021, and who cannot provide documented proof of COVID-19 infection in the prior 90 days, are required to submit “adequate proof of the results” of COVID-19 testing (13G(3)(a)(ii) and (b)(ii)) to their Covered State Agency, School Board, or Child Care Facility at least weekly (i.e., at least once every 7 days). Individuals submitting a copy of a test result report must also include a declaration attesting to the authenticity of that documentation.
If you are submitting a test result report via email or fax copy, please complete this declaration form and submit it at the same time and in the same manner as you are submitting the test result.
Name: Job Title: Employee Number: Agency/Department: Email:
Cell Phone: Home Phone: Work Phone:
Test Date:
If you do not have access to a smartphone or computer, you can submit your information via email at Statecovid@wellsparkhealth.com or fax to 860-678-5207 or 860-678-5229. Please be sure to include a copy of your test results.
Your signature below indicates agreement with the following statement:
I declare and attest that the attached SARS-CoV-2 test results report was collected on the Test Date listed above and complies with all of the conditions required in Section III (Reporting Requirements) of the Implementation Guidance for Executive Order No. 13G. I attest that the information included in the test results report is true, to the best of my knowledge. I understand that the submission of false information to a covered state agency, the State of Connecticut or its agents or representatives is punishable pursuant to Section 53a-157b of the Connecticut General Statutes by a fine of not more than $2,000 or imprisonment of not more than one year.
Employee Signature Date:
Department of Public Health and Department of Education Temporary Deadline in Flexibility (9/22/21)
The Connecticut State Departments of Education and Public Health have learned that some school districts are concerned about their ability to gather declarations of authenticity of vaccination records from covered workers by the September 27 deadline set forth in the recent Implementation Guidance for Executive Order 13G. (https://portal.ct.gov/-
/media/DAS/Statewide-HR/Vaccine-App-Docs-Forms/IMPLEMENTATION-GUIDANCE- FOR-EXECUTIVE-ORDER-13G_Revised_09162021.pdf.) Some school districts have also expressed concern that covered workers may be unable to submit initial negative COVID-19 testing results by the September 27 deadline.
The Departments reiterate that vaccinated covered workers must provide vaccination records in the manner stated in Executive Order No. 13G and the Guidance. Declarations of authenticity must also be provided. However, if covered workers have otherwise submitted their vaccination records, school boards and contractors may allow such covered workers to provide their declarations of authenticity by October 12, 2021, and to report to work until such declarations are provided. Covered workers should nevertheless be encouraged to submit their declarations of authenticity as soon as possible.
Similarly, current covered workers who are not fully vaccinated must submit to weekly testing as set forth in the Executive Order and Guidance. While covered workers who are not fully vaccinated must take an initial test by end of day on Sunday, September 26, they may submit the results of the test any time between September 24 through October 1 for the week of September 27, and school boards and contractors may allow such covered workers to report to work during the week of September 27. For all weeks thereafter, only test results submitted to a school board or contractor within 72 hours of the test administration date will be deemed compliant with the testing requirement.
We hope this information is helpful in the implementation of Executive Order 13G.
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
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)
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
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
Board of Education Policy Regarding:
Personnel – Certified/Non-Certified
Organizations/Units
Policy # 4135.141(a) 4235.141
Amended: 3/8/2022
Supersedes / Amends: 4135, 1/11/1996
Union/Association Access to District Employees
This policy addresses union access to District employees and payroll deductions.
Definitions
“Public Employer” for purposes of this policy includes local and regional boards of education.
“Public Employee Organization” means any lawful association, labor organization, federation or council having as a primary purpose the improvement of wages, hours and other conditions of employment among employees of public employers.
“Exclusive Representative” means the public employee organization certified or recognized in accordance with state law to be the exclusive bargaining representative of a public employer bargaining unit.
New Employee Information
The Board of Education (Board) pursuant to P.A. 21-25 will provide an exclusive representative with a newly hired employee’s (1) name; (2) job title, department, and work location; (3) work phone number; and (4) home address. Further, the Board will provide the information in an editable digital file format, and if possible, in a format agreed to by the exclusive representative. Also, the Board, if possible, will provide the information with real-time electronic information of new hire data, but no later than 10 days after the employee was hired or the first pay period of the month after the employee was hired, whichever is earlier.
Current Employees Information
Beginning January 1, 2022, the Board will provide exclusive representatives with each bargaining unit employee’s (1) name; (2) job title; (3) worksite location; (4) work phone number; (5) hire date; (6) work email address; and (7) home address. Such information will be provided in an editable digital file format agreed to by the exclusive representative (1) every 120 days, unless an agreement between the parties requires more frequent or more detailed lists, and (2) in addition to any other employee information to which a public employee organization is entitled.
If authorized by the employee via written authorization provided to the exclusive representative, the information above must also include the employee’s home telephone number, personal cell phone number, and personal email address if on file with the public employer. An employee may revoke the authorization at any time. The authorization or revocation must be provided to the exclusive representative at either the physical or electronic address provided by the representative for notices about orientation access.
P4135.141(b)
4235.141
Personnel – Certified/Non-Certified
Organizations/Units
Union/Association Access to District Employees (continued)
New Employee Orientation Access
The Board will provide exclusive representatives with access to the district’s new employee orientations. The Board and the exclusive representatives will determine the structure, time and manner of the exclusive representative’s access to an orientation through mutual agreement. Failure to reach agreement is subject to compulsory interest arbitration.
Employee, Public Building and Facility Access
The Board will provide exclusive representatives with access to the District employees that they represent. This includes the right to meet with individual employees on District premises during workdays to investigate and discuss grievances, workplace-related complaints and other workplace issues. In addition, worksite meetings on District premises may be conducted before or after the workday and during meal periods and other paid or unpaid breaks.
The Board also permits meetings with a newly hired employee within the bargaining unit without charge to such employee’s pay or leave time, for between 30 and 120 minutes with 30 calendar days after the employee is hired, during orientations, or at individual or group meetings if the District does not hold orientation meetings.
The exclusive representatives have the right to use District facilities to conduct meetings with bargaining unit members. Meetings must be held at a reasonable time and place and not interfere with District operations.
The Board’s email systems may be used by the exclusive representatives to communicate with bargaining unit members about collective bargaining, administering collective bargaining agreements, investigating grievances, other workplace-related complaints and issues and internal union matters involving District governance.
Payroll Deductions
District employees and retirees are permitted to authorize deductions from their salaries, wages, or retirement benefits to pay dues in or for a service, program, or committee that is provided or sponsored by the employee’s union. The District will honor the deduction authorizations provided they are in a form that satisfies Connecticut’s Uniform Electronic Transactions Act, including electronic and voice authorizations.
P4135.141(c)
4235.141
Personnel – Certified/Non-Certified
Organizations/Units
Union/Association Access to District Employees
Payroll Deductions (continued)
The District will rely on the employee organization’s certification, when requesting a deduction or reduction, that it has and will maintain authorizations, signed by the individuals from whose pay the deductions will be made.
Prohibited Labor Practices
The Board, recognizing the following as prohibited labor practices, will not:
1. encourage an employee to resign or decline membership in a public employee organization,
2. encourage an employee to revoke authorization for a payroll deduction of dues to an organization,
3. knowingly aid such an effort by another entity, or
4. allow an entity to use the employer’s email system to discourage membership in a public employee organization or discourage authorization of payroll deductions for the organization’s dues.
Legal Reference Connecticut General Statutes
P.A. 21-25 An Act Concerning Access to Certain Public Employees by the Exclusive Bargaining Representatives of a Public Employer Bargaining Unit.
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.
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:
- 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.
- 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.
- 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.
- 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:
- take the leave for a period of a particular duration, not greater than the duration of the planned treatment; or
- 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:
- the leave will last at least three weeks, and
- 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
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
Winchester BOARD OF EDUCATION
WINCHESTER PUBLIC SCHOOLS
WINSTED, CONNECTICUT
Board of Education Policy Regarding:
Personnel – Alcohol, Tobacco, and Drug-Free Workplace
Policy # 4218.232
New: 12/13/2022
Supersedes / Amends:
PURPOSE
The purpose of this policy is to establish a workplace that is free of the effects of alcohol and second-hand smoke and free from drug abuse. By accomplishing this purpose, the Board of Education (the “Board”) also seeks to promote a safe, healthy working environment for all employees and to reduce absenteeism, tardiness, and other job performance problems that may be caused by alcohol and/or drug abuse. This policy is adopted in accordance with state law and the Drug-Free Workplace Act.
STATEMENT OF POLICY
Employees shall not be involved with the unlawful manufacture, distribution, possession, or use of an illegal drug, a controlled substance, or alcohol and shall not be under the influence of such substances while on school property or while conducting Board business on or off school property. Any employee who discovers illegal drugs, a controlled substance, or alcohol on school property shall notify the Superintendent or the Superintendent’s designee, who shall investigate the matter.
An employee must report any conviction under a criminal drug statute for violations occurring on or off school property while on Board business to the Superintendent or their designee within five (5) days after the conviction. The Board will notify any agency awarding a grant to the Board of such conviction within ten (10) days thereafter.
Employees shall only use prescription drugs on school property or during the conduct of Board business that have been prescribed to them by a licensed medical practitioner, and such drugs shall be used only as prescribed. However, in accordance with Conn. Gen. Stat. 21a-408a through 408q, the Board specifically prohibits the palliative use of marijuana on school property, at a school-sponsored activity, or during the conduct of Board business, and specifically prohibits employees from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during work hours.
The Board prohibits smoking, including smoking using an electronic nicotine delivery system (e.g., e-cigarettes), electronic cannabis delivery system, or vapor product, and the use of tobacco products in any area of a school building, on school property, including property owned, leased, contracted for, or utilized by the Board, or at any school-sponsored activity.
EMPLOYEE ASSISTANCE
In appropriate circumstances, the Board shall provide an employee with an opportunity for rehabilitation in overcoming addiction to, dependence upon, or other problems with alcohol or drugs.
Employees who feel they have developed an addiction to, dependence upon or other problems with alcohol or drugs are encouraged to seek assistance. Certain benefits for addressing alcoholism or drug addiction are provided under the Board’s group medical insurance plan. An employee may be given an opportunity to participate in a rehabilitation program that requires absence from work or bona fide treatment. Such absence may be charged to the employee’s accrued and unused sick leave, subject to the provisions of the employee’s collective bargaining agreement and/or any applicable Board policies and regulations.
Any request for assistance with a drug or alcohol problem will be treated as confidential, and only those persons “needing to know” will be made aware of such request.
Legal References:
Connecticut General Statutes:
Conn. Gen. Stat. 10-233a (h) (definition of school-sponsored activity)
Conn. Gen. Stat 19a-342
Conn. Gen. Stat 19a-342a
Conn. Gen. Stat 21a-408a through 408q (palliative use of marijuana)
June Special Session, Public Act No. 21-1
United States Code:
Pro-Children Act of 2001, 20 U.S.C. 7973, as amended by the Every Student Succeeds Act,
Public Law 114-95, 4001
Drug-Free Workplace Act, 41 U.S.C. 8101 et seq.
ADOPTED: _____________
REVISED: ______________
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:
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
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.
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)
This site provides information using PDF, visit this link to download the Adobe Acrobat Reader DC software.