Policy Manual‎ > ‎

Section GB-Personnel

Section GB

                        CAUTION!  --   When printing you must highlight policy and hit selection in print range or ALL policy pages will print. 

Table of Contents

GBA                                        Open Hiring/Equal Employment Opportunity

GBAA                                     Sexual Discrimination and Harassment

GBAA-R                                 Sexual Discrimination and Harassment

GBB                                        Staff Involvement in Decision making

GBD (Also BHC)                   Board-Staff Communications

GBDA (Also BHCA)             Board-Staff Meet and Confer Process

GBEA                                     Staff Ethics/Conflict of Interest

GBEAA                                  Staff Ethics/Whistleblower

GBEB                                     Staff Conduct and Responsibilities

GBEBA                                  Staff Dress Code

GBEBC                                  Gifts to and Solicitations by Staff

GBEC                                     Drug-Free Workplace

GBEC-E                                 EMPLOYEE ACKNOWLEDGEMENT FORM

GBED                                     Tobacco Free Workplace

GBEE                                     Staff Use of the Internet and Electronic Communications

GBG                                       Liability of School Personnel/Staff Protection

GBGA                                     Staff Health

GBGA-R                                 Staff Health

GBGB                                     Staff Personal Security and Safety

GBGD                                    Workers’ Compensation

GBGF                                     Family and Medical Leave

GBGF-E                                 REQUEST FOR MEDICAL LEAVE

GBGF-R                                 Federally Mandated Family and Medical Leave

GBGG                                    Staff Sick Leave

GBGI                                       Staff Military Leave

GBGK                                     Staff Leaves and Absences

GBJ                                        Personnel Records and Files

GBJA                                      Disclosure of Information to Prospective Employers

GBK                                        Staff Concerns/Complaints/Grievances

GBK-E                                    EATON SCHOOL DISTRICT RE-2

GBK-R                                    Staff Concerns/Complaints/Grievances

GBQ                                       Staff Retirement/Transitional Year

 

 

GBA        Open Hiring/Equal Employment Opportunity

The Board subscribes to the principles of the dignity of all people and of their labors. It also recognizes that it is both culturally and educationally sound to have persons of diverse backgrounds on the school district's staff.

Therefore, the district shall promote and provide for equal opportunity in recruitment, selection, promotion and dismissal of all personnel. Commitment on the part of the district towards equal employment opportunity shall apply to all people without regard to race color, creed, sex, sexual orientation, religion, national origin, ancestry, age, marital status, or disability.

The district shall ensure that it does not unlawfully discriminate in any area of employment including job advertising, pre-employment requirements, recruitment, compensation, fringe benefits, job classifications, promotion and termination.

 

LEGAL REFS:      20 U.S.C. §1681

                                29 U.S.C. §201 et seq.

                                29 U.S.C. §621 et seq.

                                29 U.S.C. §701 et seq.

                                42 U.S.C. §1201 et seq.

                                42 U.S.C. §2000d

                                42 U.S.C. §2000e

                                C.R.S. 22-32-110 (1)(k)

                                C.R.S. 22-61-101

                                C.R.S. 24-34-301

                                C.R.S. 24-34-402

 

CROSS REFS:  AC, Nondiscrimination/Equal Opportunity

                        ACE, Nondiscrimination on the Basis of Handicap/Disability

 

Adopted 1990/Revised: April 1997/Adopted: August 1999 (date of manual adoption)

Revised: March, 2007

Revised:  October, 2007

 

Back To The Top

GBAA      Sexual Discrimination and Harassment

The district is committed to a learning and working environment that is free from sexual discrimination and harassment.  It shall be a violation of policy for any member of the district staff to discriminate against another on the basis of sex or harass another staff member or student through conduct or communications of a sexual nature.

Sexual harassment is recognized as a form of sex discrimination and thus a violation of the laws which prohibit sex discrimination.

Sexual harassment committed by an employee of the district in the course of employment shall be deemed a breach of duty, and as such, shall subject the offending employee to disciplinary action.  This policy similarly applies to non-employee volunteers or any other persons who work subject to the control of school authorities.

Any conduct of a sexual nature directed toward students by teachers or others to whom this policy applies, shall be presumed to be unwelcome.

Sexual harassment prohibited

For purposes of this policy, unwelcome sexual advances, requests for sexual favors, or other unwelcome conduct of a sexual nature constitutes sexual harassment if:

1.      Submission to such conduct is made either explicitly or implicitly a term or condition of a person's employment or educational development.

2.      Submission to or rejection of such conduct by an individual is used as the basis for employment or education decisions affecting such individual.

3.      Such conduct has the purpose or effect of unreasonably interfering with an individual's work or educational performance or creating an intimidating, hostile or offensive working or educational environment.

The prohibition against sexual harassment applies whether the harassment is between people of the same or different gender.

Sexual harassment as defined above may include but is not limited to:

1.      Sex-oriented verbal "kidding," abuse or harassment

2.      Pressure for sexual activity

3.      Repeated remarks to a person with sexual or demeaning implications

4.      Unwelcome touching, such as patting, pinching or constant brushing against another's body

5.      Suggesting or demanding sexual involvement, accompanied by implied or explicit threats concerning one's grades, employment status or similar personal concerns.

Reporting, investigation, and sanctions

Sexual harassment cannot be investigated or corrected by the district until the district is made aware of such harassment.  Therefore, it is the express desire of the Board to encourage victims of sexual harassment to report such claims.  This may be done through the complaint process AC-R.

Employees who feel that their superiors are conditioning promotions, increases in wages, continuation of employment, or other terms or conditions or employment upon agreement to unwelcome conduct of sexual nature, are encouraged to report these conditions to the appropriate administrator or to the district’s grievance officer.  If the employee’s direct administrator or supervisor is the offending person, the report shall be made to the next higher level of authority.

No reprisals or retaliation shall be allowed to occur as a result of the good faith reporting of charges of sexual harassment.  Requests for confidentiality shall be honored so long as doing so does not preclude the district from responding effectively to the harassment and preventing future harassment.

In determining whether alleged conduct constitutes sexual harassment, the totality of the circumstances, the nature of the conduct, and the context in which the alleged conduct occurred shall be investigated.

Any employee found to have engaged in sexual harassment shall be subject to sanctions, including, but not limited to, warning or reprimand, suspension, or termination, subject to applicable procedural requirements. Conduct of a sexual nature directed toward students shall, in appropriate circumstances, be reported as child abuse for investigation by appropriate authorities in conformity with policy JLF.

Filing of a grievance or otherwise reporting sexual discrimination or harassment shall not reflect upon the individual's status or affect future employment or work assignments.  All matters involving sexual discrimination or harassment complaints shall remain confidential to the extent possible

Notice of policy

Notice of this policy shall be circulated to all district schools and departments and incorporated in employee handbooks.

 

LEGAL REFS:      20 U.S.C. § 1681 et seq.

                                42 U.S.C. § 2000e et seq.

                                C.R.S. 24-34-401 et seq.

                                C.R.S. 24-34-301 et seq.

 

CROSS REFS:  AC, Nondiscrimination/Equal Opportunity

                        JLF, Reporting Child Abuse/Child Protection

 

Adopted: April 26, 1994

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  October, 2007

Back To The Top

 

 

GBAA-R Sexual Discrimination and Harassment

Grievance Procedure

1.      Staff members who believe they have been subject to sexual harassment will report the incident to the superintendent, who will be referred to as the grievance officer.  If the alleged harasser is the person designated as the grievance officer, an alternate officer will be appointed b the superintendent to investigate the matter.

2.      Upon receiving a report, the grievance officer will confer with the staff member who has allegedly been harassed as soon as is reasonable possible, but in no event more than two (2) business days from receiving the report, in order to obtain a clear understanding of the basis of the complaint and to discuss what action the staff member is seeking.

3.      At the initial meeting with the staff member, the grievance officer will explain the avenues for informal or formal action and provide a description of the grievance procedure.  The grievance officer will also explain that whether or not the staff member files a formal grievance or otherwise requests action, the district is required by law to take steps to correct the harassment and to prevent recurring harassment or retaliation against anyone who makes a harassment report or participates in an investigation.  The grievance officer will also explain to the staff member that any request for confidentiality will be honored so long as doing so does not preclude the school from responding effectively to the harassment and preventing future harassment.

4.      Following the initial meeting with the staff member, the grievance officer will attempt to meet with the alleged harasser in order to obtain a response to the reported harassment.  The grievance officer will conduct a thorough investigation, including additional interviews with the parties and interviews with witnesses, if available.  The grievance officer will complete the investigation within fourteen (14) business days of the initial meeting with the staff member.

5.      Within seven (7) business days of completing the investigation, the grievance officer will determine whether the matter should proceed formally or informally.  On the basis of the grievance officer’s investigation and if the staff member requests that the matter be resolved in an informal manner and the grievance officer agrees that the matter is suitable for such resolution, the grievance officer may attempt to resolve the matter informally through conciliation.

6.      If the staff member requests a formal grievance process, the grievance officer will transfer the record to the superintendent or designee for formal resolution within seven (7) business days of completing the investigation, and so notify the parties by certified mail.

7.      After reviewing the record made by the grievance officer, the superintendent or designee may gather additional evidence necessary to decide the case.  Within fourteen (14) business days of receiving the record, the superintendent or designee will announce any sanctions or other action deemed appropriate, including recommendations to the Board for disciplinary or other action.

8.      Whether or not a formal grievance was filled, the district will take all reasonable steps necessary to end the harassment, to prevent harassment from recurring and to prevent retaliation against anyone that reports sexual harassment or participates in a harassment investigation.

9.      All parties will be notified by the superintendent of the final outcome of the investigation and al steps taken by the district.

10. At any time, the staff member making a report of sexual harassment may request an end to the informal process and begin the formal grievance process.

Adopted: April 26, 1994

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  March 2000

 

 

Back To The Top

GBB        Staff Involvement in Decision making

The Board shall encourage employee participation in decision making for the school district in accordance with the following statements:

The superintendent is authorized to establish such committees as necessary to recommend policies and regulations for the proper functioning of the district. All professional personnel are encouraged to assist in the formulation of recommended educational policy through representatives on such committees. Recommendations from any authorized committee which relate to the overall school program shall be submitted to the superintendent for the Board’s consideration.

In the development of regulations and arrangements for the operation of the school system, the superintendent shall include at the planning stage, whenever feasible, those employees who will be affected by such provisions.

The superintendent shall evolve with certificated and classified employees channels for the effective communication of ideas and feelings regarding the operation of the schools.

 

Adopted July 19, 1977

Revised 1990

Adopted: August 4, 1999 (date of manual adoption)

 

Back To The Top

 

GBD (Also BHC)     Board-Staff Communications

The Board desires to maintain open channels of communication between itself and the staff. The basic line of communication, however, shall be through the superintendent.

Staff Communications to the Board

All communications or reports to the Board or any Board committee from principals, supervisors, teachers or other staff members shall be submitted through the superintendent. This procedure shall not be construed as denying the right of any employee to appeal to the Board from administrative decisions on important matters, provided that the superintendent shall have been notified of the forthcoming appeal and that it is processed in accordance with the Board’s policy on complaints and grievances.

Staff members are reminded that Board meetings are meetings held in public and, as such, provide an opportunity to observe the Board’s deliberations on problems of staff concern.

Board Communications to the Staff

All official communications, policies and directives of staff interest and concern shall be communicated to staff members through the superintendent. The superintendent shall employ all such media as are appropriate to keep staff fully informed of the Board’s problems, concerns and actions.

Visits to Schools

Individual Board members interested in visiting schools or classrooms shall make arrangements for visitations through the principals. Such visits shall be regarded as informal expressions of interest in school affairs and not as inspections or visits for supervisory or administrative purposes.

 

CROSS REF:    GBK, Staff Complaints and Grievances

 

Adopted July 19, 1977

Revised 1990

Adopted: August 4, 1999 (date of manual adoption)

 

 

Back To The Top

GBDA (Also BHCA)        Board-Staff Meet and Confer Process

The intent of this policy is to:

1.      Provide educational excellence for students and promote positive growth by allowing the Board, teachers and administrators to become directly involved with the decision making process.

2.      Develop a feeling a mutual trust and respect by enhancing the questioning process and by brainstorming alternative solutions to problems so that students may be better served.

3.      Provide for a clear procedure for open communication.

4.      Allow employees to impact educational policy and regulations for the betterment of students by promoting buy-in to the district’s mission statement, goals, policies and procedures.

5.      Encourage a non-threatening, objective process for dealing with problems and promote high morale among all parties.

General Provisions

1.      This policy shall be in effect until amended or revised by mutual agreement between the Board of Education and the Eaton Education Association.* Changes or deletion of this policy may be initiated only through the meet-and-confer process.

2.      A joint committee shall consist of two subcommittees:

a.      The regular meet and confer subcommittee consists of two board members, the superintendent, and four teacher representatives selected by the Eaton Education Association.*

b.      The other sub committee is comprised of two administrators appointed by the Board and the four teacher representatives selected by the Eaton Education Association.*

The joint committee shall meet to discuss and propose issues regarding teachers’ salaries and economic fringe benefits. An economic fringe benefit is defined as a direct financial benefit to which all faculty members have access on a regular basis. Each subcommittee may propose up to two specific items other than salaries and economic fringe benefits.

(*or the teacher organization that represents the majority of RE-2 teachers)

3.      The joint committee also may address and propose alternative recommended solutions to other problems, including proposed alternative policies and regulations, so that students may be better served. The issue analysis format is recommended as a tool to be used by the joint committee in addressing alternative solutions to problems and in promoting open communication.

4.      All proposals or concerns initiated by either subcommittee shall be submitted in multiple copies, if possible prior to the date of the meeting. The superintendent shall make available to both subcommittees the proposed detailed budget for the next fiscal year as soon as it is available. If possible, the budget should be submitted for use within the timeline set up through the meet-and-confer process. Discussions shall be conducted in closed sessions unless both subcommittees agree otherwise.

5.      Tentative agreements reached by the joint committee shall be typed and signed by representatives of the two subcommittees. Tentative joint committee agreements shall be subject to ratification by the Board and the association. Preliminary ratification by both the Board and the association shall be acknowledged by the subcommittees before official Board ratification and adoption is finalized. 

After ratification by the Board, the agreement shall be signed by the Board representatives and the president and vice president of the Eaton Education Association. The association shall provide copies and distribution of the ratification to all teachers.

Communication

1.      The joint committee members shall have a common goal of discussing issues and proposed solutions in a timely fashion and in good faith. 

The first meeting to discuss and propose issues regarding teachers’ salaries and economic fringe benefits shall be scheduled within four weeks after the fall term begins. Subsequent meetings to discuss and propose issues regarding teachers’ salaries and economic fringe benefits shall take place at least once every two weeks until tentative agreements have been reached on all proposals. These meetings shall be conducted at times and places mutually agreeable to both subcommittees. 

Additional meetings to address and propose alternative recommended solutions to other issues shall be conducted at times and places mutually agreeable to both subcommittees. These meetings may be conducted as the need arises throughout the year.

2.      Whenever possible, the Board shall send a copy of any proposed policy change to the president of the Eaton Education Association at least seven days before the first reading. A copy shall be made available to any other interested or concerned party. The Board always shall be open to confer with the association on any proposed policy change at any Board meeting. 

The Board shall use the meet-and-confer joint committee to address any differences that might exist in proposed policies and to make recommendations to the Board on changes to proposed policies.

3.      The door of every administrator and Board member is open to talk to teachers and to teacher representatives. The district always prefers informal rather than formal resolution, if possible, of questions and situations. If a resolution is not reached through informal discussion, the appeal process may then be used.

4.      An official interpretation of any policy shall be provided by the superintendent or the Board if a question arises as to the intent and/or meaning of the policy. If there is a disagreement on the interpretation or intent of the policy, the issue shall be referred to the meet-and-confer committee.

 

CROSS REFS:  AD, Educational Philosophy (Mission Statement)

                        GBK, Staff Complaints and Grievances

 

Adopted June 15, 1982

Revised September 1989

Adopted: August 4, 1999 (date of manual adoption)

Revised: March 2005

 

 

Back To The Top

GBEA      Staff Ethics/Conflict of Interest

No district employee shall engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with duties and responsibilities in the school system.  Employees are expected to perform the duties of the position to which they are assigned and to observe rules of conduct and ethical principles established by state law and district policies and regulations.

 

It shall be understood that all confidential information an employee is privy to as a result of district employment shall be kept strictly confidential.  In addition, employees shall not utilize information solely available to them through school sources to engage in any type of work outside of the school district.  This includes information concerning potential customers, clients or employers.

 

An employee shall not sell any books, instructional supplies, musical instruments, equipment or other school supplies to any student or to the parents/guardian of a student who attends the school served by the employee unless prior approval has been obtained from the Board.

 

Moreover, to avoid a conflict of interest, the district prohibits an employee from exercising supervisory, appointment, dismissal authority, or disciplinary action over a member of the employee’s “immediate family” includes his or her spouse, children and parents.  In addition, an employee may not audit, verify, receive or be entrusted with moneys received or handled by a member of the employee’s immediate family.  An employee shall not have access to the employer’s confidential information concerning a member of the employee’s immediate family, including payroll and personnel records. 

 

LEGAL REFS:   Constitution of Colorado, Article X, Section 13

                        C.R.S. 22-63-204

                        C.R.S. 24-34-402 (1)

                        C.R.S. 24-34-402(1)(h)

 

CROSS REF.:   GBEB, Staff Conduct

 

Adopted July 19, 1977

Revised 1990

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August, 2008

 

Back To The Top

 

GBEAA            Staff Ethics/Whistleblower

Eaton School District requires employees to observe high standards of ethical behavior in the conduct of their duties and responsibilities.  As representatives of Eaton School District, all such persons must practice honesty and integrity in fulfilling their responsibilities, and they must comply with applicable laws and regulations.

It is the responsibility of all employees to perform and to comply with district policies relating to financial integrity, and to report material violations or suspected violations in accordance with this policy to the Superintendent.  If the employee’s direct administrator or supervisor is the offending person, the report shall be made to the next higher level of authority. 

No employee who in good faith reports a violation shall suffer harassment, retaliation or adverse employment consequence.  An employee who retaliates against someone who has reported a violation in good faith is subject to discipline up to and including termination of employment. This Whistleblower Policy is intended to encourage and enable employees to raise serious concerns as expeditiously as possible within the district, rather than remaining silent or seeking resolution outside the district.

The Superintendent is responsible for investigating and resolving all reported allegations concerning financial impropriety, and shall promptly advise the Board of such allegations and of their findings.

The Board, when performing its audit oversight function, is charged with addressing all reported allegations of impropriety regarding district accounting practices, internal controls or auditing.  The Superintendent shall promptly notify the Board of any such allegations and work with the Board until the matter is resolved.

Anyone making an allegation concerning a violation or suspected impropriety must be acting in good faith and have reasonable grounds for believing the information disclosed indicates an impropriety.  Any untrue allegations which prove to have been made maliciously, or knowingly to be false, will be viewed as serious disciplinary offenses.

Allegations of impropriety may be submitted on a confidential basis by the complainant or may be submitted anonymously.  Such allegations will be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.  Any anonymous allegation must provide sufficient supporting data to permit meaningful follow up.  Anonymous allegations that are vague, ambiguous or unsupported will be disregarded.

The Superintendent will acknowledge receipt of non-anonymous allegations within two business days.  All reports will be promptly investigated and appropriate corrective action will be taken if warranted by the investigation.  

 

CROSS REFS:    GBEA, Staff Ethics/Conflict of Interest

                                GBEB, Staff Conduct

 

Adopted:  January 2010

 

Back To The Top

 

 

GBEB      Staff Conduct and Responsibilities

 

All staff members have a responsibility to make themselves familiar with and abide by federal and state laws as these affect their work, the policies and regulations of the district.

Rules of conduct

Each staff member shall observe rules of conduct established in law which specify that a school employee shall not:

1.      Disclose or use confidential information acquired in the course of employment to further substantially personal financial interests.

2.      Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position or which the staff member knows or should know is primarily for the purpose of a reward for action taken in which the staff member exercised discretionary authority.

3.      Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.

4.      Perform any action in which there is discretionary authority which directly and substantially confers an economic benefit on a business or other undertaking in which the staff member has a substantial financial interest or is engaged as a counsel, consultant, representative or agent.

The phrase "economic benefit tantamount to a gift of substantial value" includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.

It is permissible for an employee to receive:

·        An occasional non-pecuniary gift which is insignificant in value;

·        A non-pecuniary award publicly presented by a nonprofit organization in recognition of public service;

·        Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which he is scheduled to participate;

·        Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position;

·        Items of perishable or nonpermanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events.

·        Payment for speeches, appearances or publications reported as honorariums.

All staff members shall be expected to carry out their assigned responsibilities with conscientious concern.

It shall not be considered a breach of conduct for a staff member to:

·        Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis

·        Accept or receive a benefit as an indirect consequence of transacting school district business

Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities which shall be required of all personnel:

·        Faithfulness and promptness in attendance at work;

·        Support and enforcement of policies of the Board and regulations of the school administration in regard to students; and

·        Diligence in submitting required reports promptly at the times specified.

·        Care and protection of school property

·        Concern and attention toward the safety and welfare of students, including the need to insure that students are appropriately supervised.

A staff member may request an advisory opinion from the secretary of state concerning issues relating to conduct that is proscribed by state law.

Child abuse

All district employees who have reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with policy JLF.

The superintendent is authorized to conduct an internal investigation or to take any other necessary steps if information is received from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a school district employee. Such information shall remain confidential except that the superintendent shall notify the Colorado Department of Education of the child abuse investigation.

Possession of deadly weapons

The provisions of the policy regarding public possession of deadly weapons on school property or in school buildings also shall apply to employees of the district. However, the restrictions shall not apply to employees who are required to carry or use deadly weapons in order to perform their necessary duties and functions.

Felony/misdemeanor convictions

If, subsequent to beginning employment with the district, the district learns or has good cause to believe that any staff member has been convicted of any felony or misdemeanor other than a misdemeanor traffic offenses or infraction the district shall make inquiries to the Department of Education for purposes of screening the employee.

In addition, the district may require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency. Fingerprints must be submitted within 20 days of receipt of written notification. The fingerprints shall be forwarded to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation. Disciplinary action, which could include dismissal from employment, may be taken against personnel if the results of fingerprint processing provide relevant information.

Employees shall not be charged fees for processing fingerprints under these circumstances.

Unlawful behavior involving children

The Board may make an inquiry with the Department of Education concerning whether any current employee of the school district has been convicted of, pled nolo contendere to, or received a deferred sentence for a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children. Disciplinary action, including termination, may be taken if the inquiry discloses information relevant to the employee’s fitness for employment.

Personnel addressing health care treatment for behavior issues

School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students. They are also prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used and obtaining prior written permission from the student or from the student’s parent/guardian.  See policy JLDAC. School personnel are encouraged to discuss concerns about a student’s behavior with the parent/guardian and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns school personnel may have.

 

LEGAL REFS:      C. R. S. 18-12-105. 5

                                C. R. S. 18-12-214 (3)(b)

                                C. R. S. 19-3-308 (5. 7)

                                C. R. S. 22-32-109. 7

                                C. R. S. 22-32-109. 8 (6)

                                C. R. S. 22-32-109. 8 (10)

                                C. R. S. 22-32-109. 9

                                C. R. S. 22-32-110 (1)(k)

                                C. R. S. 22-65-105

                                C. R. S. 24-18-104

                                C. R. S. 24-18-109

 

CROSS REFS:  JLC, Student Health Services and Records

                        JLDAC, Screening/Testing of Students

                        JLF, Reporting Child Abuse/Child Protection

                        KFA, Public Conduct on School Property

 

Adopted October 14, 1970/Revised: April 1997/Adopted: August 4, 1999 (date of manual adoption)

Revised: October 2003

Revised:  October, 2007

 

Back To The Top

 

GBEBA    Staff Dress Code

All staff members project an image to the community and to students about the professionalism of the district. During the workday and at all work related activities, employees shall adhere to a professional standard of dress and shall be neat and clean in appearance. Decisions regarding professional attire will be based on the guidelines listed below.

 

All staff must exercise good judgment in their choice of professional appearance for work or work related activities by always appearing in a manner:

·        That is appropriate to the situation;

·        That provides appropriate role modeling for students;

·        That promotes a working and learning environment that is free from unnecessary disruption; and

·        That is conductive to high student and staff performance.

 

Some educational activities will require exceptions to the above guidelines. Examples include, but are not limited to, field days, field trips, and science labs.

 

Some positions will require uniforms.

 

LEGAL REF: C.R.S. 22-32.109 (1)(CC)(districts required to have staff dress code)

 

CROSS REFS: GBEB, Staff Conduct

                                    JICA, Student Dress Code

 

Adoption: December, 2006

                       

 

Back To The Top

GBEBC    Gifts to and Solicitations by Staff

All employees of the Board are prohibited from accepting gifts of other than nominal value from companies or organizations doing business with the school district. Exceptions to this policy are the acceptance of minor items which are generally distributed by the company or organization through its public relations program.

Teachers shall not solicit gifts or other items of value from their students.

 

LEGAL REF:     C.R.S. 24-18-104

CROSS REFS:  DJG, Vendor Relations

                        GBEB, Staff Conduct

                        JP, Student Gifts and Solicitations

                        KHA/KHB, Public Solicitations/Advertising in the Schools

 

Adopted July 19, 1977

Revised 1990

Adopted: August 4, 1999 (date of manual adoption)

 

 

Back To The Top

GBEC      Drug-Free Workplace

The unlawful manufacture, distribution, dispensation, possession or use of alcohol or a controlled substance is prohibited in the district.  The definition of a controlled substance shall be the same as that found in the policy regarding student alcohol use/drug abuse.

Observance of this policy is a condition of employment. A violation shall subject the employee to appropriate disciplinary action which may include termination and referral for prosecution.  In appropriate circumstances and at the district’s discretion, disciplinary sanctions may include the completion of an approved drug or alcohol abuse assistance or rehabilitation program.  Any such program shall be at the employee’s expense.  However, the district is not required to offer rehabilitation in lieu of termination or other discipline to any employee who has violated this policy.

An employee knowingly in the possession of or under the influence of alcohol or any controlled substance shall be suspended immediately by the principal or supervisor if such use or possession is:

1.      On district property at any time.

2.      At any school-sponsored or sanctioned activity or event off district property or in route thereto.

3.      On the way to work.

An employee shall be suspended immediately after arrest for possession or for being under the influence of a controlled substance.

After investigation, the superintendent may reinstate the employee if it appears to be in the best interest of the district.  The matter shall be reported to the Board of Education.

Pursuant to law, any employee who is convicted or pleads nolo contendere under any criminal drug statute for a violation occurring in the workplace shall notify the superintendent no later than five days after the conviction. The district has an obligation under federal law to notify the appropriate federal agency within 10 days after receiving notice of such conviction if there is a relationship between federal funds received by the district and the convicted employee’s work site.

Awareness and prevention program

The superintendent shall establish an awareness and prevention program to inform employees about:

1.      The dangers of drug and alcohol abuse.

2.      The Board’s policy of maintaining a drug-free workplace.

3.      Available drug and alcohol counseling, rehabilitation and employee assistance programs.

4.      Penalties that may be imposed upon employees for drug and alcohol abuse violations occurring in the workplace.

The Board shall conduct a periodic review of its awareness and prevention program to determine its effectiveness, and implement appropriate changes.

Notification of employees

Information about the standards of conduct required by this policy shall be communicated to employees on a periodic basis.  All employees acknowledge receipt of this policy and related information.

 

LEGAL REFS:   20 U. S. C. 7101 et seq. (Safe and Drug-Free Schools and Communities

                        21 U. S. C. 812 (definition of controlled substance)

                        41 U. S. C. 701 and 702

 

CROSS REFS:  EEAEAA, Drug And Alcohol Testing For Bus Drivers

                        GCQF, Discipline, Suspension and Dismissal of Professional Staff Members

                        GDQD, Discipline, Suspension and Dismissal of Support Staff Members

                        JICH, Drug and Alcohol Use by Students

 

Adopted September 1990

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  May 2006

Revised:  August, 2008

 

 

Back To The Top

GBEC-E   EMPLOYEE ACKNOWLEDGEMENT FORM

(Employee Use and Possession of Drugs and Alcohol Policy Statement)

Eaton RE-2 School District

200 Park Avenue

Eaton, Colorado 80615

 

I, THE UNDERSIGNED EMPLOYEE OF THE EATON RE-2 SCHOOL DISTRICT, have received a copy of the “Drug-Free Workplace” policy and:

1.      I agree to abide by the terms of the policy.

2.      I agree to notify my supervisor if I am convicted of violating a criminal drug statute in the workplace no later than five days after the date of such conviction.

 

 

                                                                  __________________________________

                                                                   Employee name (typed or printed)

 

                                                                  __________________________________

                                                                   Employee signature

 

                                                                  __________________________________

                                                                   Date

 

(Return signed form to the Eaton Re-2 District Office)

 

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August, 2008

 

 

 

Back To The Top

GBED      Tobacco Free Workplace

 

The use of tobacco by students, teachers, staff, and visitors in or on any district property or at any student activity sponsored by the school district is prohibited. Signs regarding this prohibition and the consequences of a violation shall be prominently displayed on all school property.

School property includes, but is not limited to, any building used for instruction, administration, support services, maintenance or storage, the grounds surrounding those buildings, if the school is authorized to exercise dominion and control over those grounds, and all vehicles used by the school for transporting students, workers, visitors, or other persons.

Tobacco means all kinds and forms of tobacco suitable for chewing or smoking and any other product that is packaged for smoking.

Use means the lighting, chewing, or smoking of any tobacco product.

The district shall not exempt an area from this prohibition.

The district may seek and accept gifts, donations, or grants or any kind from any private or charitable sources or any government agency to meet the expenses required by this policy. Such funds shall be accounted for separately, and, to the extent that such funds are available, the district shall maintain and operate an educational program at each school to assist students, faculty, and staff to avoid or discontinue the use of tobacco.

This prohibition against tobacco use shall not apply to the use of a tobacco product in a limited classroom demonstration to show the health hazards of smoking.

 

LEGAL REFS:   20 U.S.C. §6083 (Federal law prohibits smoking in any indoor facility used to provide educational services to children.)

                        C.R.S. 22-32-109 (1)(bb)

                        C.R.S. 25-14-103.5

                        6 CCR 1010-6, Rule 5-306

CROSS REFS:  ADC, Tobacco-Free Schools

                        GCQF, Discipline, Suspension and Dismissal of Professional Staff

                        GDQD, Discipline, Suspension and Dismissal of Support Staff

 

Adopted September 25, 1990

Adopted: August 4, 1999 (date of manual adoption)

Revised: March, 2007

 

Back To The Top

 

GBEE      Staff Use of the Internet and Electronic Communications

The Internet and electronic communications (e-mail, chat rooms and other forms of electronic communication) have vast potential to support curriculum and learning. The Board of Education believes they should be used in schools as a learning resource to educate and to inform.

The Board of Education supports the use of the Internet and electronic communications by staff to improve teaching and learning through interpersonal communication, access to information, research, training and collaboration and dissemination of successful educational practices, methods and materials.

The Internet and electronic communications are fluid environments in which users may access materials and information from many sources. Staff members shall take responsibility for their own use of district computers and computer systems to avoid contact with material or information that violates this policy.

Blocking or filtering obscene, pornographic and harmful information

To protect students from material and information that is obscene, child pornography or otherwise harmful to minors, as defined by the Board, software that blocks or filters such material and information has been installed on all district computers having Internet or electronic communications access. Blocking or filtering software may be disabled by a supervising teacher or school administrator, as necessary, for purposes of bona fide research or other educational projects being conducted by staff members over the age of 18.

No expectation of privacy

District computers and computer systems are owned by the district and are intended for educational purposes and district business at all times. Staff members shall have no expectation of privacy when using the Internet or electronic communications. The district reserves the right to monitor, inspect, copy, review and store (at any time and without prior notice) all usage of district computers and computer systems, including all Internet and electronic communications access and transmission/receipt of materials and information. All material and information accessed/received through district computers and computer systems shall remain the property of the school district.

Public records

Electronic communications sent and received by district employees may be considered a public record subject to public disclosure or inspection under the Colorado Open Records Act. All employee electronic communications shall be monitored to ensure that all public electronic communication records are retained, archived and destroyed in accordance with applicable law.

Unauthorized and unacceptable uses

Staff members shall use district computers and computer systems in a responsible, efficient, ethical and legal manner.

Because technology and ways of using technology are constantly evolving, every unacceptable use of district computers and computers systems can not be specifically described in policy. Therefore, examples of unacceptable uses include, but are not limited to, the following.

No staff member shall access, create, transmit, retransmit or forward material or information:

·        that promotes violence or advocates destruction of property including, but not limited to, access to information concerning the manufacturing or purchasing of destructive devices or weapons

·        that is not related to district education objectives

·        that contains pornographic, obscene or other sexually oriented materials, either as pictures or writings, that are intended to stimulate erotic feelings or appeal to prurient interests in nudity, sex or excretion

·        that harasses, threatens, demeans, or promotes violence or hatred against another person or group of persons with regard to race, color, creed, sex, sexual orientation, religion, national origin, ancestry, age, marital status or disability 

·        for personal profit, financial gain, advertising, commercial transaction or political purposes

·        that plagiarizes the work of another without express consent

·        that uses inappropriate or profane language likely to be offensive to others in the school community

·        that is knowingly false or could be construed as intending to purposely damage another person's reputation

·        in violation of any federal or state law, including but not limited to copyrighted material and material protected by trade secret

·        that contains personal information about themselves or others, including information protected by confidentiality laws

·        using another individual’s Internet or electronic communications account without written permission from that individual

·        that impersonates another or transmits through an anonymous remailer

·        that accesses fee services without specific permission from the system administrator

Security

Security on district computer systems is a high priority. Staff members who identify a security problem while using the Internet or electronic communications must immediately notify a system administrator. Staff members should not demonstrate the problem to other users. Logging on to the Internet or electronic communications as a system administrator is prohibited.

Staff members shall not:

·        use another person's password or any other identifier

·        gain or attempt to gain unauthorized access to district computers or computers systems

·        read, alter, delete or copy, or attempt to do so, electronic communications of other system users

Any staff member identified as a security risk, or as having a history of problems with other computer systems, may be denied access to the Internet and electronic communications.

Confidentiality

Staff members shall not access, receive, transmit or retransmit material regarding students, parents/guardians or district employees that is protected by confidentiality laws unless such access, receipt or transmittal is in accordance with their assigned job responsibilities, applicable law and district policy. If material is not legally protected but is of a confidential or sensitive nature, great care shall be taken to ensure that only those with a “need to know” are allowed access to the material. Staff members shall handle all employee, student and district records in accordance with policies GBJ (Personnel Records and Files), JRA/JRC (Student Records/Release of Information on Students) and EGAEA (Public Electronic Mail Records).

Disclosure of confidential student records, including disclosure via electronic mail or other telecommunication systems, is governed by state and federal law, including the Family Educational Rights and Privacy Act (FERPA). (See policy JRA/JRC, Student Records/Release of Information on Students for detailed information on student records).

It is imperative that staff members who share confidential student information via electronic communications understand the correct use of the technology, so that confidential records are not inadvertently sent or forwarded to the wrong party. Staff members who use e-mail to disclose student records or other confidential student information in a manner inconsistent with applicable law and district policy may be subject to disciplinary action.

Vandalism

Vandalism will result in cancellation of privileges and may result in school disciplinary action and/or legal action. Vandalism is defined as any malicious or intentional attempt to harm, destroy, modify, abuse or disrupt operation of any network within the school district or any network connected to the Internet, operation of any form of electronic communications, the data contained on any network or electronic communications, the data of another user, usage by another user, or district-owned software or hardware. This includes, but is not limited to, the uploading or creation of computer viruses and the use of encryption software.

Unauthorized software

Staff members are prohibited from using or possessing any software that has been downloaded or is otherwise in the user's possession without appropriate registration and payment of any fees owed to the software owner.

Staff member use is a privilege

Use of the Internet and electronic communications demands personal responsibility and an understanding of the acceptable and unacceptable uses of such tools. Staff member use of the Internet and electronic communications is a privilege, not a right. Failure to follow the use procedures contained in this policy shall result in the loss of the privilege to use these tools and restitution for costs associated with damages, and may result in school disciplinary action and/or legal action. The school district may deny, revoke or suspend access to district technology or close accounts at any time.

Staff members shall be required to sign the district's Acceptable Use Agreement annually before Internet or electronic communications accounts shall be issues or access shall be allowed.

School district makes no warranties

The school district makes no warranties of any kind, whether expressed or implied, related to the use of district computers and computer systems, including access to the Internet and electronic communications services. Providing access to these services does not imply endorsement by the district of the content, nor does the district make any guarantee as to the accuracy or quality of information received. The school district shall not be responsible for any damages, losses or costs a staff member suffers in using the Internet and electronic communications. This includes loss of data and service interruptions. Use of any information obtained via the Internet and electronic communications is at the staff member's own risk.

 

LEGAL REFS:   47 U.S.C. 254(h) (Children's Internet Protection Act of 2000)

                        47 U.S.C. 231 (Child Online Protection Act of 1998)

                        20 U.S.C. 6801 et seq. (Elementary and Secondary Education Act)

                        C.R.S. 22-87-101 et seq. (Children’s Internet Protection Act)

                        C.R.S. 24-72-204.5 (monitoring electronic communications)

 

Adopted: August 2004

Revised:  August 2008

 

 

Back To The Top

 

GBG        Liability of School Personnel/Staff Protection

Protection from lawsuits

In order to provide teachers, principals and other school professionals the tools they need to maintain order, discipline and an appropriate environment, state and federal law provide certain liability protections.  The federal liability protections preempt state law to the extent state law is inconsistent, but do not preempt state law that is consistent and provides additional protection from liability.  Applicability of state and federal liability protections to specific circumstances shall be made on a case-by-case basis.  Exceptions stated in state and federal law may reduce or preclude liability protection.

Immunity for enforcement of discipline code and other actions

An act of a teacher or other employee shall not be considered child abuse if the act was performed in good faith and in compliance with Board policy and procedures.

A teacher or any other person acting in good faith and in compliance with state and federal law and regulation, the discipline code adopted by the Board and other policies, regulations, rules and procedures of the district shall be immune from criminal prosecution or civil liability, unless the person acted willfully or wantonly, for:

1.      taking action regarding the supervision, grading, suspension, expulsion or discipline of a student

2.      making a report consistent with federal law to the appropriate law enforcement authorities or officials of a school or school district if the employee had reasonable grounds to suspect that the student was:

·        under the influence of or in possession of alcohol or a controlled substance not lawfully prescribed to the student

·        in possession of a firearm

·        involved in the illegal solicitation, sale or distribution of alcohol, a controlled substance not lawfully prescribed to the student or a firearm

A teacher or any other person claiming immunity from criminal prosecution may file a motion with the court prior to trial.  If immunity is not granted and a criminal action is brought, it is an affirmative defense that a person is acting in good faith and in compliance with the discipline code.

A teacher shall not be subject to any disciplinary proceeding including dismissal for actions that were in good faith and in compliance with the district’s discipline code, nor shall a contract non renewal be based on such lawful actions.

Disciplinary information to school personnel

In accordance with state law, the principal or designee is required to communicate disciplinary information concerning any student enrolled in the school to any teacher who has direct contact with the student in the classroom and to any counselor who has direct contact with the student.  The purpose of this requirement is to keep school personnel apprised of situations that could pose a risk to the safety and welfare of others.

Any teacher or counselor to whom disciplinary information is reported shall maintain the confidentiality of the information and shall not communicate it to any other person.  The principal or designee is required to inform the student and the student’s parent/guardian when disciplinary information is communicated and to provide a copy of the disciplinary information.  The student and/or the student’s parent/guardian may challenge the accuracy of disciplinary information through the process outlined in JK-R, Student Discipline.

False reports against employees

State law provides criminal penalties for certain persons, including students at least ten years of age, who intentionally make false accusations of criminal activity against school district employees.

LEGAL REFS:      C.R.S. 22-12-101 et seq. (Teacher and School Administrator Protection Act)

                                C.R.S. 22-32-109.1 (9) (immunity provisions in safe schools law)

                                C.R.S. 22-32-126 (5) (disciplinary information to staff)

                                C.R.S. 24-10-102 et seq. (governmental immunity)

                                20 USC 6731 through 6738

 

CROSS REFS:  GCQF, Discipline, Suspension and Dismissal of Professional Staff

                        JK, Student Discipline

 

Adoption:  November, 2007

 

Back To The Top

 

GBGA      Staff Health

(And Physical and Mental Health Examination Requirements)

Through its overall safety program and various policies pertaining to school personnel, the Board shall seek to insure the safety of employees during working hours and assist them in the maintenance of good health. It shall encourage all its employees to maintain good health and practice good health habits.

Under the following circumstances, the Board may require physical examinations of its employees or applicants for employment. The district shall pay for all such physical examinations. Results of such physical examinations shall be maintained in separate medical files and not in the employee’s personnel file and may be released only in limited circumstances.

Routine physical examinations

Subsequent to a conditional offer of employment and prior to commencement of work, the district may require an applicant to have a medical examination and to meet any other health requirements that may be imposed by the state. The district may condition an offer of employment on the results of such examination if all entering employees in the applicable job category are subject to such examination. A 30-day grace period may be allowed if approved by personnel services.

All bus drivers, including full-time, part-time or temporary shall be required to have a physical examination once every two years to obtain or renew an operator's permit.

Special examinations

The Board recognizes that an individual's medical diagnosis is privileged information between the patient and medical professionals. However, whenever a staff member's medical condition is such that it interferes with the ability to perform required duties or there is an unacceptable risk to the health and safety of the employee or others, the district shall take necessary steps to evaluate the employee's condition and make appropriate employment decisions.

The Board may request physical examinations and/or mental health examinations of any employee at any time to determine if the employee has a physical and/or mental condition, disease or illness which may interfere with the employee’s ability to perform required duties or which may pose an unacceptable risk to the health, safety or welfare of the employee or others. The school district shall select the medical professional to conduct such examination and shall pay the costs associated with such examination.

When the employee cannot perform the essential functions of the job with reasonable accommodation or medical evidence establishes that the employee’s condition poses a significant risk to the health, safety or welfare of the employee or others, the school district may suspend and/or terminate the employee in accordance with applicable policies and regulations and applicable law.

Readily-transmitted communicable diseases

An employee with an acute, common communicable disease shall not report to work during the period of time when contagious/infectious. The district reserves the right to require a physician's statement prior to the employee's return to work.

An employee afflicted with a serious, readily-transmissible disease or condition shall be encouraged to report the existence of the condition or illness in case there are precautions that must be taken to protect the health of others.

HIV infection

Any employee who becomes aware of personal infection with the human immunodeficiency virus (HIV), which although life-threatening poses little risk of transmission in a school setting, is encouraged to report to a designated school administrator the diagnosis of HIV. The administrator shall follow the procedures accompanying this policy to evaluate the employment status of the staff member.

To encourage disclosure, the school district shall endeavor to treat these employees in a fair, nondiscriminatory and confidential manner consistent with the district's legal obligations. Federal and state law mandate, pursuant to provisions protecting persons with disabilities, that such employees shall not be discriminated against on the basis of their disabilities and that reasonable accommodations shall be made to enable qualified individuals with disabilities to continue working.

Confidentiality

In all instances, district personnel shall respect the individual's right to privacy and treat any information regarding the medical condition or medical history of an employee or applicant as confidential information. The superintendent shall develop procedures to ensure that all medical information will be held in strict confidence. Any school staff member who violates confidentiality shall be subject to appropriate disciplinary measures.

 

LEGAL REFS:   29 U.S.C. §794 (1983) (Section 504 of the Rehabilitation Act)

                        42 U.S.C. §12101 et seq. (Americans with Disabilities Act)

                        C.R.S. 8-2-118

                        C.R.S. 22-32-110 (1)(k)

                        C.R.S. 22-63-301

                        C.R.S. 24-34-401 et seq.

                        C.R.S. 25-4-101 et seq.

                        1 CCR 301-26, Rules 4204-R-201

 

CROSS REFS:  ACE, Nondiscrimination on the Basis of Disability

                        GBJ, Personnel Records and Files

 

Adopted July 19, 1977

Revised November 17, 1992

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August, 2008

 

 

Back To The Top

GBGA-R Staff Health

(Staff Members with HIV/AIDS/Communicable Diseases)

The following procedures shall be followed when evaluating the employment status of an employee infected with human immunodeficiency virus (HIV) including those staff members diagnosed as having Acquired Immune Deficiency Syndrome (AIDS) and those suspected of being infected with HIV.

These procedures shall also apply whenever a school official has reasonable cause to suspect that a staff member is seriously ill and the illness is affecting the ability to perform job responsibilities or posing an unacceptable risk to the health and safety of the employee or others. Reasonable cause may exist in but not be limited to situations where the employee's health is observed to be deteriorating to the point of interfering with the performance of duties, when the employee displays persistent physical symptoms of illness, or where there is similar reasonable evidence of such disease.

Reporting suspected or confirmed cases

The building principal will be the staff member responsible for coordinating the school district's effort to evaluate the employment status of an employee in accordance with these procedures. For purpose of these procedures, the building principal shall be referred to as the "school officer."

It is improper for any employee who has knowledge or reasonable grounds to suspect that infection of a communicable disease to willfully expose or infect another with such a disease or to knowingly perform an act or engage in conduct which exposes or infects another person with such a disease.

Any staff member infected with HIV is encouraged to report this fact directly to the school officer.

If a supervisor has been informed or has reasonable cause to believe that an employee has an illness which is interfering with job performance or posing an unacceptable health risk to the employee or others, the supervisor shall notify the school officer immediately. The school officer shall confer individually with the supervisor and the staff member to assess the situation.

Evaluation of employment status

HIV infection is not transmitted casually; therefore, it is not itself a reason to remove a staff member from school. The school officer will determine whether the person who is infected with HIV has a secondary infection such as active tuberculosis that constitutes a recognized risk of transmission in the school setting. This is a medical question which the school officer will answer by consulting with the infected person’s physician, a qualified public health official who is responsible for such determinations and the infected person.

In determining an appropriate response, the district shall consider the most current and reliable medical information available, with particular reference to the dangers of increased risk of transmission to others, and the health risk to the employee as well as the expected type of interaction with others.

If there is no secondary infection that constitutes a medically-recognized risk of transmission in the school setting, the infected person’s job assignment will not be altered unless a reassignment is requested as a reasonable accommodation.

If there is a secondary infection that constitutes a medically-recognized risk of transmission in the school setting, the school officer will consult with the physician, public health official and the infected person. If necessary, they will develop an individually tailored plan for the staff member. Additional persons may be consulted if this is essential for gaining additional information, but the infected staff member must approve of the notification of any additional persons who would know the staff member’s identity. Utmost confidentiality will be observed throughout this process.

When an employee is determined to be unfit for continued duty because it has been determined that the employee is incapable of performing the essential functions of the position or poses a direct threat to the health or safety of himself/herself or others, the employee will be entitled to use any accumulated sick leave in accordance with Board policies.

When an employee has exhausted all sick leave and other applicable leave options and is deemed unfit to resume duties, employment may be terminated through the employee’s resignation, retirement or dismissal in accordance with applicable Board policies and applicable law.

The school official will review the case periodically with the infected person and the medical advisors described above.

Confidentiality

All information gained by the district through the application of the accompanying policy and these procedures, including the identity of an employee infected with HIV, shall be treated as confidential. Information will be disclosed only as appropriate in connection with these procedures.

Persons who may know the identity of a staff member infected with HIV are those who with the infected person will determine whether the person has a secondary infection that constitutes a medically recognized risk of transmission in the school setting. They are the school officer, the personal physician of the infected person and a public health official who may be able to study the facts of the case sufficiently without needing to know the identity of the staff member to make a decision.

The decision makers listed above and the infected person will determine whether additional persons such as the school nurse or principal need to know that an infected person works at a specific school. The additional persons will not know the name of the infected person without this person’s consent.

All persons shall treat all medical information as highly confidential. No information will be divulged directly or indirectly to any other individuals or groups. All medical information and written documentation of discussions, telephone conversations, proceedings and meetings will be kept by the school officer in a locked file. Access to this file will be granted only to those persons who have the written consent of the infected staff member.

To further protect confidentiality, names will not be used in documents except when essential. Any document containing the name or any other information that would reveal the identity of the infected person will not be shared with any person, not even for the purposes of word processing or reproduction.

 

Approved November 17, 1992

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August, 2008

 

 

Back To The Top

GBGB      Staff Personal Security and Safety

Offenses against school employees

The following procedures shall be followed in instances of assault, disorderly conduct, harassment, knowingly false allegation of child abuse, or any alleged offense under the “Colorado Criminal Code” by a student directed towards a teacher or school employee.

These same procedures shall be followed in instances of damage by a student to the personal property of a teacher or school employee occurring on school district premises.

1.      The teacher or employee shall file a written complaint with the building principal, the superintendent's office and the Board of Education.

2.      The principal, after receipt both of the complaint and adequate proof of the charges, shall suspend the student for three days in accordance with established procedures.

3.      The superintendent shall initiate procedures for the further suspension or expulsion of the student when injury or property damage has occurred.

4.      The superintendent or designee shall report the incident to the district attorney or the appropriate local law enforcement agency or officer who shall then investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.

Communication of disciplinary information to teachers/counselors

The principal or designee shall communicate discipline information concerning any student enrolled in the district to all teachers and counselors who have direct contact with that student. Any teacher or counselor who is assigned a student with known serious behavior problems will be informed of the student’s behavior record. Any school employee who is provided this information shall maintain its confidentiality and shall not communicate it to any other person.

 

LEGAL REFS:   C. R. S. 22-32-109 (3)

                        C. R. S. 22-32-109.1 (9)

                        C. R. S. 22-32-126 (5)(a)

                       

CROSS REFS:  ECAC, Vandalism

                        JK, Student Discipline

                        JKD/JKE, Suspension/Expulsion of Students

 

Adopted July 19, 1977

Revised 1990

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August 2008

 

 

 

Back To The Top

GBGD      Workers’ Compensation

1.      An employee who suffers a work-related injury arising out of, and in the course of district employment, and who is receiving workers’ compensation disability payments shall continue to receive his/her regular salary and benefits for a period of forty-five (45) calendar days following the date of the injury. An employee’s regular salary and benefits shall not include any extra duty assignments, whether or not a part of the employee’s contract or assignment, and shall not include any overtime pay, whether or not such pay is regularly earned by the employee.

a.      Payment of such employee’s regular salary and benefits is expressly contingent upon the employee paying or causing to be paid to the School District the employees’ entire workers’ compensation disability payment.

b.      An employee’s receipt of regular salary and benefit payments pursuant to paragraph (a) shall not result in a reduction of the employee’s accumulated sick leave, personal leave and/or vacation days during such forty-five (45) day period.

c.      An employee shall not earn any sick leave, personal leave, or vacation days during the time the employee is eligible to receive workers’ compensation disability payments.

d.      If after the forty-five (45) initial calendar days, the attending workers’ compensation physician deems it necessary that the employee continue to remain off of work an a employee may be eligible to supplement his/her workers’ compensation disability payments with accumulated sick, personal and/or vacation time. Such days shall be used at a ratio of one-to-one. All employee insurance benefits shall be continued during the time the employee is receiving additional compensated pay. An employee who supplements his/her workers’ compensation disability payments with accumulated time pursuant to this paragraph shall only be entitle d to supplement such payments for a maximum of thirty (30) calendar days.

2.      If at any time during the initial forty-five (45) calendar days, or the use of the additional thirty (30) calendar days allowable for accumulated sick, personal and/or vacation time, the attending workers’ compensation physician deems that the employee can return to work at a restricted capacity, a modified duty assignment may be created in the District’s discretion depending upon the needs of the District. This modified duty assignment will be created in cooperation with the employees’ supervisor, the Assistant Superintendent and the attending workers’ compensation physician.

a.      Each modified duty assignment shall generally be reviewed by the supervisor or the Assistant Superintendent every thirty (30) calendar days, but may be reviewed more or less frequently as deemed necessary or appropriate by District officials.

b.      A modified duty assignment cannot extend past the end of the employee’s current contract or notice of assignment.

c.      If a modified duty assignment is created, and the employee refuses to accept the modified duty, such action may result in termination of employment.

3.      If after all available days pursuant to paragraphs 1 and 2 have been exhausted, the employee does not return to work the employee will no longer receive his/her salary benefits. The employee will be placed on unpaid leave of absence or terminated from employment, and except as otherwise provided by this policy and by the Family and Medical Leave Act of 1993 (FMLA), all salary and benefits shall be discontinued.

a.      An employee no longer receiving regular compensation and benefits pursuant to paragraph 3 shall not be eligible to receive payment for accumulated sick leave days during the time the employee is eligible to receive workers’ compensation disability payments.

4.      Maximum days allowable for an employee to receive regular salary including supplemental pay and benefits cannot exceed seventy-five (75) calendar days total.

LEGAL REF:     29 U.S.C. 2601 et seq. (Family Medical Leave Act)

                        C.R.S. 8-40-101 et seq. (Workers’ Compensation Act of Colorado)

 

CROSS REFS:  GBGG, Staff Sick Leave

                        GBGK, Staff Leave and Absences

                        GBGF, Family Medical Leave

 

Adopted June 16, 1987

Adopted: August 4, 1999 (date of manual adoption)

Revised: September 2002

Revised:  August, 2008

 

Back To The Top

 

 

 

GBGF      Family and Medical Leave

This policy shall apply to all family and medical leaves of absence covered under the Family and Medical Leave Act of 1993 (FMLA).  Terms used in this policy and its accompanying regulation, such as “serious health condition,” “qualifying exigency,” “contingency operation,” and “serious injury or illness” shall be as defined by the FMLA and its implementing regulations.

Eligibility

To be eligible for a family and medical leave of absence (FMLA leave) under this policy, an employee shall have been employed for at least 12 months and shall have worked at least 1,250 hours during the 12 month period preceding the commencement of the leave. A full-time classroom teacher shall be deemed to meet the hourly requirement but must also meet the 12-month requirement to be eligible for FMLA leave.

Permitted reasons for FMLA leave

An eligible employee shall be entitled to a combined total of 12 weeks leave per year for the following reasons:

1.      The birth and care of the employee’s newborn child;

2.      The placement of a child with the employee for adoption or foster care;

3.      To care for an employee’s spouse, parent or child with a serious health condition;

4.      When the employee is unable to perform the essential functions of his or her position because of the employee’s own serious health condition; or

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

Spouses who are both employed by the district shall be entitled to a combined total of 12 weeks of leave (rather than 12 weeks each) per year for reasons (1), (2), (3) and/or (5) specified in the immediately preceding paragraph.

Entitlement for child care leave shall end after the child reaches age one or 12 months after adoption or foster placement. Leave to care for a child shall include leave for a step-parent or person in loco parentis.

An eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member who is recovering from a serious injury or illness sustained in the line of duty on active duty shall be entitled to a total of 26 weeks of leave during a single 12 month period to care for the service member.

The single 12 month period shall begin on the first day the employee takes leave for this reason and shall end 12 months later.  During that 12 month period, the eligible employee is entitled to a combined total of 26 weeks of leave under this policy.  Only 12 weeks of the 26 week total may be for a FMLA-qualifying reason other than to care for a covered service member.

Spouses who are both employed by the district shall be entitled to a total of 26 weeks (rather than 26 weeks each) in a single 12 month period if the leave is to care for a covered service member with a serious injury or illness, or a combination of caring for a covered service member and reason (1), (2), (3) and/or (5) above.

Intermittent or reduced FMLA leave

Leave may be taken on an intermittent or reduced leave schedule. The district may require the employee to transfer temporarily to an alternative position which better accommodates recurring periods of absence or a part-time schedule provided that the position has equivalent pay and benefits.  Teachers requesting intermittent or reduced leave involving greater than 20 percent of their working time during such period may, in the alternative, be required to take leave continuously for all or a specified part of the total period involved.

Intermittent leave or leave on a reduced schedule shall not be allowed because of the birth of an employee’s child and to care for a newborn child, or because of the placement of a child with an employee for adoption or foster care.

Health insurance and benefits

The district shall maintain coverage under any group employer paid premium insurance plan for any employee who is granted an approved leave of absence under this policy for the duration of the leave.  Such coverage shall be maintained at the same level and under the same conditions as coverage that would have been provided if the employee were not on leave. The district reserves the right to seek reimbursement for this benefit in the event that an employee elects not to return to work, as allowed by law.

The use of FMLA leave shall not result in the loss of any employment benefit that accrued prior to the start of the FMLA leave.

Reinstatement after FMLA leave

Reinstatement shall be determined in accordance with applicable law and Board policies. If the employee on leave is a salaried employee and is among the highest paid 10 percent of district employees and keeping the job open for the employee would result in substantial economic injury to the district, the employee may be denied reinstatement provided the district notifies the employee of its intent to deny reinstatement at the time economic hardship occurs and the employee elects not to return to work after receiving the notice.

Development of procedures

The superintendent shall develop procedures to require appropriate medical certifications, notification and reporting which are consistent with law.  The procedures shall describe how the district will post notices concerning the FMLA and other steps the district shall take to inform employees of the FMLA’s requirements.

Compliance with governing law

The district shall fully comply with the FMLA and shall be entitled to take all actions and exercise all options authorized under the FMLA consistent with this policy and its accompanying regulation.  In the event that this policy or its accompanying regulation conflict or are otherwise inconsistent with mandatory provisions of the FMLA, the mandatory provisions of the FMLA shall control.

LEGAL REFS:   29 U. S. C. 2601 et seq. (Family Medical Leave Act)

                        29 C.F.R. Part 825 (regulations)

 

CROSS REFS: GBGK, Staff Leaves and Absences

                        GBGG, Staff Sick Leave

                       

Adopted: March, 2007

Revised:  January 2010

 

Back To The Top

 

 

GBGF-E   REQUEST FOR MEDICAL LEAVE

Employee Name: _________________________________________________________

                  (the district will determine if you are eligible for FMLA leave)

On ____________________, you notified the district office of your need to take medical leave for;

____         The birth of a child, or placement of a child with your for adoption or foster care;

____         Your own serious health condition;

____         Because you are needed to care for your ___ spouse; ___ child; ___ parent due to his/her serious health condition.

____         Because of a qualifying exigency arising out of the fact that your ___ spouse; ___ son or daughter; ___ parent is on active duty or call to active duty status in support of a contingency operation as a member of the National Guard or Reserves.

____         Because you are the ___ spouse; ___ son or daughter; ___ parent; ___ next of kin of a covered service member with a serious injury or illness.

Present Assignment; ______________________________________________________

You will need this leave beginning on __________________________ and you that you expect leave to continue until on or about ______________________________.

Actual Date of Birth:  __________________________________

      (It is your responsibility to notify the district office within five(5) days of the actual birth date)

___________________________________________________

Signature of Applicant

___________________________________________________

Signature of Principal or Supervisor

____________________________________________________

Signature of Superintendent

Revised:  January 2010

Back To The Top

 

 

GBGF-R Federally Mandated Family and Medical Leave

Notification and reporting

When the need for a family and medical leave of absence (FMLA leave) is foreseeable, the employee shall provide at least 30 days prior notice to the district unless circumstances dictate otherwise. With respect to foreseeable medical treatments, the employee shall make a reasonable effort to schedule treatment so as not to disrupt district operations.

If the need for FMLA leave is unforeseeable, the employee shall provide notice to the district as soon as practicable under the circumstances.

If an employee’s requested FMLA leave also constitutes paid leave under another Board policy, the FMLA leave and other applicable leave shall run concurrently.

In the absence of an employee’s request for FMLA leave, the district may independently determine whether an employee’s leave under another Board policy constitutes FMLA leave and, if so, shall notify the employee that the leave will be counted against the FMLA leave to which the employee is entitled.

If the FMLA leave is due to illness, the employee shall report periodically on his or her leave status and intention to return to work.

If the requested FMLA leave is because of a military-related qualifying exigency, the district may require the employee to provide supporting documentation of such exigency.

The district may also require the employee to show certification of the familial relationship if the request for FMLA leave is to care for a family member with a serious health condition, to care for a covered service member with a serious injury or illness, or in connection with a military-related qualifying exigency.

Medical certification

The district shall require medical certification to support a claim for leave for an employee’s own serious health condition; to care for the employee’s child, spouse or parent with a serious health condition; or to care for a covered service member’s serious injury or illness. The medical certification will be sufficient if it contains the date on which the condition or injury/illness commenced, the probable duration of the condition or injury/illness and any appropriate medical information.

For an employee’s own serious health condition, the medical certification also must include a statement that the employee is unable to perform the functions of the position. For leave to care for a child, spouse or parent with a serious health condition or to care for a covered service member with a serious injury or illness, the medical certification must include an estimated amount of time needed for the employee to provide care.

In its discretion and in accordance with the FMLA, the district may require a second or third medical opinion and periodic recertification as the district deems reasonably necessary.

Medical certification for intermittent leave must indicate the dates on which treatment is expected to be given and the duration of the treatment. For leave to care for a child, spouse or parent with a serious health condition or to care for a covered service member with a serious injury or illness, the medical certification must include a statement that the employee’s intermittent leave is necessary to care for the family member and the expected duration and schedule of treatment.

For the employee’s own intermittent leave, the medical certification must contain a statement indicating the medical necessity of the intermittent treatment and its expected duration.

Return to work

An employee who has taken leave due to the employee’s own serious health condition shall provide a medical certification from the employee’s physician releasing the employee to resume work.  In addition, the district reserves the right to consult with a public health official if there is any question about possible transmission of a disease in the school setting.

The following return to work provisions applies to teachers:

1.      If the teacher begins any category of FMLA leave more than five weeks prior to the end of the semester and the leave is for more than three weeks, the district may require the teacher seeking to return within the last three weeks to continue the leave through the end of the semester.

2.      If the teacher begins any category of FMLA leave except for the teacher’s own serious health condition less than five weeks before the end of the semester and the period of leave is greater than two weeks, the district may require the teacher seeking to return within the last two weeks to continue the leave through the end of the semester.

3.      If the teacher begins any category of FMLA leave except for the teacher’s own serious health condition three or fewer weeks before the end of the semester and the period of leave is greater than five working days, the district may require the teacher to continue the leave through the end of the semester.

Repayment of benefits

If an employee fails to return to work upon completion of an approved FMLA, the district may recover from the employee the cost of any payments made to maintain the employee’s group insurance coverage unless the failure to return to work was due to a continuation, recurrence or onset of a serious health condition as certified by a physician that entitles the employee to leave, or for other reasons beyond the employee’s control.

Posting/notice to employees

Building principals/administrators shall post notices explaining the rights and responsibilities under the Family and Medical Leave Act (FMLA) in locations where they can be readily seen by employees and applicants for employment.

Notice of the FMLA’s rights and responsibilities shall also be incorporated into handbooks or provided directly to employees.

Adopted:           March, 2007

Revised:  January 2010

 

Back To The Top

                       

GBGG      Staff Sick Leave

Sick leave shall be provided at the rate of:

·        10 sick leave days per school year for employees working 9 months per school year;

·        11 sick leave days per school year for employees working more than 9 months per school year but less than 12 months;

·        12 sick leave days per school year for employees working 12 months per school year; and

·        Prorated sick leave for employees hired mid-year.

Sick leave may be used for personal illness and for illness or death in the immediate family. “Immediate family” is defined as mother, father, husband, wife, brother, sister, children, mother-in-law, father-in-law, sister-in-law, brother-in-law, grandparents, grandparents-in-law and grandchildren. Sick leave may be used for other relatives with the approval of the superintendent. A maximum of five days of sick leave per occurrence may be used for bereavement purposes in the immediate family.

Sick leave may not be used for absences incurred due to personal business.

The administration reserves the right to question the validity of any sick leave. After two days of sick leave, the district reserves the right to request a statement from a physician.

Sick leave may be accumulated to a maximum of 90 days. After accumulating the maximum number of days, a full-time employee may be reimbursed at the current rate of substitute pay for one-half of the unused sick leave days accumulated during the current school year, not to exceed five days reimbursement.

A full-time employee who has been employed by or assigned to the district for 10 continuous years or more and has 80 days of accumulated unused sick leave who retires (collects PERA retirement benefits immediately) shall be reimbursed at the current rate of substitute pay for unused sick leave days not to exceed 30. Unpaid leaves authorized by the Board shall not be used in calculating the 10-year period.

Adopted: June 16, 1987

Adopted: August 4, 1999 (date of manual adoption)

Revised: October 2005

Revised: December, 2006

 

Back To The Top

GBGI       Staff Military Leave

Annual military leave

An employee who as a member of a reserve or National Guard unit or any other branch of the military organized under state or federal law shall be granted military leave with a right of reinstatement in accordance with state and federal law.

The employee shall receive full salary and benefits during such leave up to a maximum of 15 calendar days annually.  All remaining leave to fulfill the annual military obligation shall be unpaid leave.

An employee who is required by the state or federal government to continue military service beyond the time for which leave with pay is allowed, shall be granted a leave of absence without pay for all such additional service.

Emergency military leave

Military leave of absence without pay shall be granted to any regular, full-time employee who enlists for military duty with any branch of the United States armed forces or who is called into active military service in time of war or other emergency declared by the proper authority of the state or United States.  The employee shall be considered on a leave of absence during military service.

Notice of military service

An employee taking leave under this policy shall provide written or oral notice, as far in advance as possible, of pending military service.  Employees on military leave resulting in absence of more than 30 days shall forward a copy of their military orders to the superintendent or designee.

Using paid leave in lieu of unpaid military leave

An employee taking leave under this policy may at his or her discretion, but is not required to, use accrued vacation or other paid leave during time of military service.

Hiring substitute

Where necessary to protect the public interest, a substitute employee may be hired by the school district to perform the duties of the employee on military leave until such time as the employee returns to work.

Reinstatement after service

Upon completion of military service, the employee shall be reinstated in the same or a similar position of like seniority, status and pay if such is available at the same salary and benefits which he or she would have received had leave not been taken, subject to the following conditions:

1.      The school district’s circumstances have not changed to such a degree that reinstatement would cause an undue hardship on the district or make reinstatement impossible or unreasonable, including that position has been abolished.

2.      The employee is not physically or mentally disabled from performing the duties of the position except that the school district shall make reasonable accommodation required under federal and state law, including for any disability incurred or aggravated during military service.

3.      The employee submits an honorable discharge or other form of release indicating that military service was satisfactory.

4.      The employee submits the district of intent to return to work and returns to work within the time period set out in law.

Upon reinstatement, the employee shall have the same rights with respect to accrued and future vacation, sick leave, public retirement benefits and other benefits as of he or she had actually been employed during the time of such leave.  Because non-probationary status for teachers is not attained merely though continuous employment, a probationary teacher shall be reinstated at the actual year of service (year one, year two or year three) as when he or she began military leave.

LEGAL REF:         38 U.S.C. 4301 et seq. (Employment and Reemployment Rights of Members of the Uniformed Service Act)

                                C.R.S. 28-3-601 et seq.

 

 

Adopted:  August, 2008

 

 

 

Back To The Top

 

GBGK      Staff Leaves and Absences

The Board shall provide a plan for leaves and absences designed to help employees of the Eaton School Districtmaintain their physical health, take care of family and other personal emergencies, improve professionally, and discharge important and necessary obligations. Such leaves and absences shall be granted in accordance with the law and board policies pertaining to specific types of leaves.

Where appropriate, the Family and Medical Leave Act of 1993 will be followed.

Professional Leave

 

The superintendent may authorize professional leave with pay to employees to attend meetings or conferences or to engage in other activities, which will mutually benefit the employee and the district. The provision of professional leave is considered by the board to be a privilege and not a right.

 

Day’s immediately preceding or following vacation periods shall not be used for professional leave. Professional leave may not be used during the last month of the school year unless the request for leave is initiated by the principal.

 

Personal Leave                  

 

Full-time employees may be granted up to two (2) days of personal leave per year for the purpose of conducting business which cannot be scheduled at t time other than during normal work hours. Part-time employees may be awarded personal leave on a pro rata basis. Personal leave is not accumulative from year to year. Requests for personal leave must be submitted to the appropriate supervisor at least five (5) work days in advance of the requested absence except in the case of unforeseen circumstances which must be explained to the satisfaction of the superintendent or designee.

 

Personal leave may not be used the day or days immediately preceding and/or following vacation periods or holidays.

 

Personal leave may not be used in less than one-half day blocks. The first week or last two weeks of school andinservice days shall not be authorized for personal leave, with or without pay, except under unusual circumstances as determined and authorized by the superintendent or designee.

 

Legal Leave                        

 

Jury Duty

An employee who is required to serve on a jury will be excused from duties upon presentation of court notices and shall receive regular salary while actually performing jury service during periods when the employee would otherwise be performing duties for the district. In order to receive regular salary, an employee must promptly report for normal duties whenever released by the court or a court official for either all or part of any day, from being present in court. Any pay the employee may receive from the court, excluding reimbursement for travel andexpenses, will be remitted to the district office.

 

Subpoenaed Witness

Employees subpoenaed as witnesses may be excused from their duties upon presentation of court notices for such witness service, and shall receive regular pay. This leave is not applicable to employees serving as an expert witness.

Political Leave        

Political or legislative leave may be granted for employees. Employees exercising this policy are granted unpaid leave status.

Basic Requirement
The employee must have non probationary status at the time of the leave.

 

Benefits


When a leave of absence is granted, sick leave, personal leave, and vacation privileges will not continue to accrue.

The employee, however, will not lose such vacation days, sick leave privileges, or seniority accrued prior to the time of taking the leave of absence.

The employee must pay the cost of continuing the group life insurance, hospitalization, dental, and vision benefits during the period of the legislative leave.

Compensation
No salary will be paid by the district for the period of service covered by the leave.

Length of Leave
Upon request to the superintendent or designee, short leaves of absence with pay may be granted to attend special legislative committee meetings.

LEGAL REF:         29 U.S.C. 2601 et seq. (Family Medical Leave Act)

CROSS REFS:     GBGF-E, Request for FML

                                GBGF, Family and Medical Leave

                                GBGF-R, Family and Medical Leave

                                GBGG, Staff Sick Leave

 

Adopted: March, 2007

 

 

 

Back To The Top

GBJ         Personnel Records and Files

The superintendent is authorized and directed to develop and implement a comprehensive and efficient system of personnel records under the following guidelines:

1.      A personnel folder for each employee, licensed and classified, shall be accurately maintained in the districtadministrative office. Personnel records shall include home addresses and telephone numbers, financial information, and other information maintained because of the employer-employee relationship.

2.      All personnel records of individual employees shall be considered confidential except for the information listed below. They shall not be open for public inspection. The superintendent and designees shall take the necessary steps to safeguard against unauthorized use of all confidential material.

3.      Employees shall have the right, upon request, to review the contents of their own personnel files, with the exception of references and recommendations provided to the district on a confidential basis by universities, colleges or persons not connected with the district.

4.      The following information in personnel records and files shall be available for public inspection:

a.      Applications of past or current employees

b.      Employment agreements

c.      Any amount paid or benefit provided incident to termination of emloyment

d.      Performance ratings except for evaluations of licensed personnel as noted below

e.      Any compensation including expense allowances and benefits

5.      The evaluation report of licensed personnel and all public records used in preparing the evaluation report shall be confidential and available only to the evaluatee, to the administrators who supervise his or her work, and to a hearing officer conducting a dismissal hearing or a court reviewing a dismissal decision; except that portions of the superintendent’s evaluation shall be open to public inspection, in accordance with state law.

6.      A written evaluation or any other personnel record shall not reflect any good faith actions of any employee which were in compliance with the district’s discipline code.

7.      District employee's home addresses and telephone numbers shall not be released for general public or commercial use.

8.      Personnel records shall be available upon request to members of the Board of Education.

9.      District employees’ medical records shall be kept in separate files and shall be kept confidential in accordance with applicable law and district policy.

 

LEGAL REFS:   C. R. S. 22-9-109

                        C. R. S. 22-32-109.1 (9)

                        C. R. S. 24-19-108 (1)(c)

                        C. R. S. 24-72-202 (1. 3) and (4. 5)

                        C. R. S. 24-72-204

CROSS REFS:  CBB, Recruitment of Superintendent

                        GCE/GCF, Professional Staff Recruiting/Hiring

                        JK, Student Discipline

                        KDB, Public’s Right to Know/Freedom of Information

 

Adopted December 16, 1986

Revised: April 1997

Adopted: August 4, 1999 (date of manual adoption)

Revised:  August, 2008

 

 

Back To The Top

GBJA      Disclosure of Information to Prospective Employers

Pursuant to state law, the school district shall, upon request, disclose to another school district or school, the reasons for a teacher’s separation from employment with the district. This information shall only be disclosed to personnel authorized to review the personnel file in the requesting district and the person applying for a position as a teacher.

With regard to all other former or current district employees, the district shall disclose to prospective employer information relative to the employee’s suitability for reemployment, including his or her work-related skills, abilities, and habits. In the case of a former employee, the district shall also disclose the reason for the employee’s separation.

The school district, and its employees, agents and representatives authorized by the district to make such disclosures, shall be immune from civil liability for disclosing such information unless the district knew or should have reasonably known that the information was false.

When the district provides written information about a current or former employee to a prospective employer, it shall send a copy of that information to the employee upon request. The district shall also make such written information available to the current or former employee upon request during normal business hours. A fair and reasonable price shall be charged by the district for any copies of the written information requested by the employee.

 

LEGAL REFS:   C.R.S. 8-2-114 (2), (3) and (5)

                        C.R.S. 22-63-202

CROSS REFS:  GCE/GCF, Professional Staff Recruiting/Hiring

                        GDE/GDF, Support Staff Recruiting/Hiring

 

 

Back To The Top

GBK        Staff Concerns/Complaints/Grievances

(Administrative Appeal)

Good morale is maintained as problems arise by sincere efforts of all persons concerned to work toward constructive solutions in an atmosphere of courtesy and cooperation. The purpose of this policy and its accompanying procedures is to secure at the lowest administrative level possible equitable solutions to problems which may arise from time to time. Both parties agree that these proceedings shall be kept as informal and confidential as possible. This procedure does not restrict the right of the employee to settle an appeal informally.

An “appeal” is defined as a claim by an employee that there has been an alleged violation, misinterpretation or inequitable application of existing Board policy, regulations or practice or there exists a condition which jeopardizes employee health or safety. The contents of a staff evaluation shall not be subject to this definition but the process and procedure of the evaluation shall be.

An attempt shall be made to resolve any problems in informal, verbal discussions between the employee and the immediate supervisor or principal. Both parties shall in good faith use their best efforts to resolve the problem informally.

 

Adopted: January 19, 1982

Revised: December 17, 1985

Revised: November 21, 1989

Adopted: August 4, 1999 (date of manual adoption)

 

 

Back To The Top

GBK-E     EATON SCHOOL DISTRICT RE-2

Administrative Appeal Form

Name of person making appeal: ____________________________________

_____________________________________________________________

Date:_________________________________________________________

Appeal Addressed to:____________________________________________

_____________________________________________________________

Identify the Problem:

 

 

 

 

What steps have you taken to resolve the matter informally? Be specific; give dates and times if possible.

 

 

 

What do you see as a workable solution to this problem?

 

 

 

 

Signature of person making appeal: _________________________________

 

Adopted: August 4, 1999 (date of manual adoption)

 

 

Back To The Top

GBK-R     Staff Concerns/Complaints/Grievances

(Administrative Appeal)

Procedure

Level 1: In the event a matter is not resolved informally, a written appeal may be submitted to the principal or immediate supervisor within 20 working days following the failure of the informal resolution.

Within five working days after receiving the written appeal, the principal or immediate supervisor will communicate the decision in writing together with the supporting reasons to the personnel involved. 

Copies of the written appeal and administrative response at Level 1 will be sent to the superintendent.

Level 2: If the immediate supervisor is not the principal, within five working days after receiving the written decision of the immediate supervisor an appeal of the decision may be made to the principal. The appeal must be in writing and accompanied by a copy of the decision at Level 1.

Within five working days, the principal will meet with all personnel involved in Level 1. The principal will communicate the decision in writing within five working days after the meeting together with all supporting reasons to the personnel involved. 

Copies of the written appeal and administrative decision at Level 2 will be sent to the superintendent and the Board of Education.

Level 3: Within five working days after receiving the written decision of the principal, an appeal of the decision may be made to the superintendent or designee. The appeal must be in writing and accompanied by a copy of the decision at Level 2. 

Within five working days, the superintendent or designee will meet with all personnel involved at Level 2. The superintendent will communicate the decision in writing within five working days after the meeting to the personnel involved. 

Copies of the appeal and the superintendent’s decision at Level 3 will be sent to the Board of Education.

Level 4: Within five working days after receiving the written decision of the superintendent or designee, an appeal may be made to the Board of Education. The appeal must be in writing and accompanied by copies of all previous decisions.

The Board of Education will conduct a hearing with all personnel involved in Levels 1, 2 and 3. The hearing will take place in executive session at the next Board meeting. 

Within five working days after the hearing, the Board will submit a final written decision to all involved personnel. The written decision will include all supporting arguments upon which the decision was based.

Provisions

1.      In group appeals, the timelines should remain as close as possible to those established at each level. However, the times established for each level may not be longer than three times those stated unless otherwise agreed to by the involved parties.

2.      At any level, an administrator or immediate supervisor may choose not to make a decision. Theadministrator or immediate supervisor will then pass the appeal on to the next level.

3.      In the event a policy or procedure originated at a higher level than the principal or immediate supervisor, the appeal may be filed with the originator.

4.      No reprisals of any kind may be taken by the Board, an administrator or supervisor against any employee because of participation in an appeal.

5.      The Board and the administration will cooperate with the appellant(s) in the investigation of any appeal and will furnish the appellant(s) all information requested for the appeal process. Restrictions on the release of information will be subject to state and federal law.

6.      Documents, communications and records dealing with the appeal process will not be placed in an employee’s personnel file. All such documents, communications and records will be destroyed except for the final decision and a summary of the situation appealed.

7.      An employee may be represented by a designee at any level of the appeal procedure. An administrator also may be represented by a designee.

8.      To create and preserve a professional atmosphere, the right of confidentiality will be maintained by those involved.

9.      If the number of working days allotted at each level of the appeal procedure is unrealistic, the meet-and-confer committee and the administration or Board will reorganize the time limits.

10. If the process needs additional review, it will be discussed at a meet-and-confer session. This will not be included as one of the two non-economic items in the meet-and-confer process.

 

CROSS REF:    BHCA, Board-Staff Meet and Confer Process

 

Approved: January 19, 1982

Revised: December 17, 1985

Revised: November 21, 1989

Adopted: August 4, 1999 (date of manual adoption)

 

 

Back To The Top

 

GBQ        Staff Retirement/Transitional Year

The employee electing to participate in the Retirement/Transitional Year must have 10 years of full-time service in the Eaton School District RE-2 public schools and must meet the application timeline.

·        Resignation and a notice of intent to apply for a transition year under this plan must be filed in writing with the central office no later than April 1 of the year prior to the transitional year.

·        Approved Retirement/Transition Year applications will be brought to the Board of Education at the regularly scheduled April board meeting.

Employees retiring under this plan are responsible for contacting PERA to review their eligibility to qualify and are responsible for maintaining their correct hours/days calculation for a 110-day transitional year.

Employees electing retirement/transitional year may elect COBRA and continue health and dental insurance coverage at the individual’s expense.

110 day-transitional year includes sick/personal leave. Ending date for the transitional year will be agreed upon prior to starting and can only be changed under extreme circumstances with superintendent/designee approval.

Employees will be paid a salary calculated as the amount stated on the standard schedule for district personnel in your department based upon education and experience, less such amounts paid by the district to PERA (including both employer and employee contributions), if applicable and to Medicare in connection with the employment of the PERA retirees. This includes all extra duty pay during the transitional year.

The employee will be allowed a total of 5 days to be used for sick and personal leave. However leave taken in excess of allowed days will result in a deduction at the employees’ daily rate of pay. Twelve month employees do not earn vacation days during a transitional year.

If an employee wishes to return after a transitional year, they will be treated as a new applicant with no guarantee of a job.  If rehired, they will be placed on the salary schedule as a new hire along with being a probationary teacher.

Employment decisions of the Board of Education are based on many factors. Therefore, the Board has no mandatory retirement age for district employees.

LEGAL REFS:   Age Discrimination in Employment Act, 29 U.S.C. 621 et seq.

                        C.R.S. 24-51-101 et seq. (Public Employees’ Retirement Association)

                        C.R.S. 24-34-402

           

Adopted: April 2007

Revised:  February 2008