The board subscribes to the fullest extent 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 agency's staff.
Therefore, it shall be the policy of the agency to promote and provide for equal opportunity in recruitment, selection, promotion and dismissal of all personnel. Total commitment on the part of the agency toward equal employment opportunity shall apply to all people without regard to race, color, sex, religion, national background, age, marital status, disability or handicap.
Every available opportunity shall be taken to ensure that the agency does not discriminate in any area of employment, including job advertising, pre-employment requirements, recruitment, compensation, fringe benefits, job classifications, promotion and termination.
Adopted: February 2, 1995
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 through 24-34-308
C.R.S. 24-34-402
CROSS REFS.: AC
ACA
ACE
Sexual harassment is recognized as a form of sex discrimination and thus a violation of the laws which prohibit sex discrimination.
A learning and working environment that is free from sexual harassment shall be maintained. It shall be a violation of policy for any member of the district staff to harass another staff member or students through conduct or communications of a sexual nature.
Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature may constitute sexual harassment when:
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.
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.
Staff members may file a formal grievance of sexual harassment through use of the accompanying grievance procedure. If the alleged harasser is the immediate supervisor with whom a grievance routinely would be filed, the employee may file the grievance with executive director of the SLV BOCES.
If the BOCES director is the alleged harasser and there is no other grievance officer with whom to file a complaint, the student or employee may file the grievance with the president of the Board of Directors. The president shall determine an independent party who shall be authorized to conduct the investigation as the grievance officer. The investigator=s report shall be presented to the Board of Directors.
All matters involving sexual harassment complaints shall remain confidential to the extent possible.
Filing of a grievance or otherwise reporting sexual harassment shall not reflect upon the individual's status or affect future employment or work assignments.
Notice of this policy shall be circulated to all BOCES employees.
Adopted: March 25, 1998
LEGAL REFS.: 42 U.S.C. '2000e et seq. (Title VII of the Civil Rights Act of 1964)
U.S.C. '1681 et seq. (Title IX of the Education Amendments of 1972)
C.R.S. 24-34-401 et seq.
CROSS REF.: JBB*, Sexual Harassment
The Board shall establish and budget for classified positions in the agency on the basis of need and the financial resources of the agency.
Recruiting
The Board desires the executive director to develop and maintain a recruitment program designed to attract and hold the best possible personnel, who are highly qualified as defined by the federal No Child Left Behind Act of 2001 (NCLB) in the agency and member district's schools.
It is the responsibility of the executive director, with the assistance of other administrators, to determine the personnel needs of the agency in general and of each individual school and to locate suitable candidates to recommend to the board of employment. The search for good teachers and other personnel shall extend to a wide variety of educational institutions and geographical areas. It shall take into consideration the diverse characteristics of the school systems and the need for staff members of various backgrounds.
Recruitment procedures shall not overlook the talents and potential of individuals already employed by the agency and in member school districts. Any present employee of the board may apply for a position for which he/she is certificated/licensed and meets other stated requirements.
Background checks
Prior to hiring any person, in accordance with state law the district shall conduct background checks with the Colorado Department of Education and previous employers regarding the applicant's fitness for employment. In all cases where consumer reports are used in the hiring process the agency shall comply with the Fair Credit Reporting Act.
All applicants recommended for a position in the agency shall submit a set of fingerprints and a notarized form with information about felony or misdemeanor convictions as required by law. (This requirement shall not apply to any student currently enrolled in the district applying for a job.) Applicants may be conditionally employed prior to receiving the fingerprint results.
Hiring
There shall be no discrimination in the hiring process on the basis of race, color, sex, religion, national background, age, marital status, disability or handicap.
All candidates shall be considered on the basis of their merits, qualifications and the needs of the agency. The Board directs that recruitment procedures will give preference to candidates who meet the NCLB definition of highly qualified.
All interviewing and selection procedures shall ensure that the administrator directly responsible for the work of a staff member has primary responsibility in the selection of the candidate. However, the final selection for nomination shall be made only by the executive director.
Appointment of candidates
Nominations shall be made at regular monthly meetings of the Board of Directors. Nominations of candidates who are not highly qualified, as defined by the NCLB, will be accompanied with an explanation as to why a highly qualified candidate was not hired for the position. The vote of a majority of the Board shall be necessary to approve the appointment of teachers, administrators or any other employee of the agency, however, temporary appointments may be made pending board action. If there is a negative vote by the Board, the executive director shall submit a new recommendation to the Board for approval.
Upon the appointment of any employee of the agency, information required by federal and state child support laws will be timely forwarded by the agency to the appropriate state agency.
Adopted: January 19, 2000
Revised: January 15, 2003, September 17, 2003
Recodified: April 19, 2006
LEGAL REF:C.R.S. 14-14-111.5
C.R.S. 22-2-119(duty to make inquiries prior to hiring)
C.R.S. 22-32-109 (1)(f)
C.R.S. 22-32-109.7
C.R.S. 22-32.109.8
C.R.S. 24-34-402 (1)
42 U.S.C. 653 (a)
15 U.S.C. 1681 et seq.
20 U.S.C. 1119 (c) (NCLB Act of 2001)
34 C.F.R. 200.58, 200.59 (federal regulations regarding paraprofessional qualifications)
CROSS REFS.: GBA, Open Hiring/Equal Employment Opportunity
GDA, Support Staff Positions
Applications of all regular certificated personnel to be employed by the agency will be processed according to this procedure. Short-term, temporary or interim appointments may be made directly by the executive director, subject to the approval of the Board of Directors, without following the advertising procedure.
1. Vacancies
All regular vacancies will be advertised by the department of personnel.
2. Applications
All applications will be submitted to the personnel office.
Current employees may apply for supplemental pay positions by submitting a letter
outlining their qualifications for the position they are seeking.
All applicants will report to the personnel office and complete an application form.
3. Initial screening and interview
The program director will screen applications and conduct the initial interview with all applicants. The objectives of the screening and initial interview process are to:
a. Determine if the applicant meets the requirements of the No Child Left Behind Act of 2001 (NCLB) for designation as a highly qualified teacher.
b. Determine the suitability of the applicant for the specific position.
c. Determine those applicants who are most qualified for the position.
d. Discuss with the applicants any district policies and procedures pertinent to the job and to the employment process.
4. Background checks
Prior to hiring, the executive director designee will:
a. Check with the Colorado Department of Education to determine if there is any information on record indicating the applicant has been convicted of a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children or a misdemeanor crime that involves domestic violence.
The department's records will indicate if the applicant has been convicted of, pled nolo contendere to, received a deferred sentence or had his or her certificate annulled, suspended or revoked or such crimes. The department also will provide any available information to indicate whether the applicant has been dismissed by or resigned from a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior which was supported by a preponderance of evidence according to information provided to the department by a school district and confirmed by the department in accordance with state law.
Information of this type that is learned from a different source shall be reported by the agency to the department.
The department will not disclose any information reported by a school district unless and until the department confirms that the allegation resulted in the person's name being placed on the state central registry of child protection.
b. Contact previous employers of the applicant to obtain information or recommendations relevant to the applicant's fitness for employment.
5. Fingerprinting non-licensed administrators
a. All non-licensed applicants selected for employment in an administrative position must submit a complete set of fingerprints taken by a qualified law enforcement agency or an authorized district employee and a notarized, competed form (described in b below) as required by state law
b. On the form the applicant must certify either that he or she has never been convicted of a felony or misdemeanor charge, not including any misdemeanor traffic offense, or that he or she has been convicted of a felony or misdemeanor charge (not including any misdemeanor traffic offense). The form must specify the felony or misdemeanor, the date of conviction and the court entering judgment.
c. The agency will release the fingerprints 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.
d. Although an applicant may be conditionally employed prior to receiving the results, he or she may be terminated if the results are inconsistent with the information provided on the form. The agency will notify the district attorney of such inconsistent results for action or possible prosecution.
e. The agency will cover the cost of the fingerprinting requirement.
6. Credit Reports
The personnel office will not obtain a credit report on an applicant unless the office has first notified the individual in writing, in a document consisting solely of the notice, that the agency would like to obtain a credit report and requesting the individual's written authorization to obtain the report. A credit report will only be requested when the applicant submits a written authorization.
The personnel office will not rely on a credit report in denying an application unless the office has first supplied the applicant with a disclosure that includes a copy of the credit report and a summary of the applicant's rights. If an application for employment is denied because of the credit report, the personnel office will give the applicant notice that the action has been taken, as well as:
• The name, address and phone number of the credit bureau supplying the report;
• A statement that the credit bureau was not involved in the decision to deny the application; and
• A notice of the individual's right to dispute the information in the report.
7. Placement interview
• Determine whether the applicant can handle the specific assignment.
• Determine the best applicant for the position, giving due consideration to the district's affirmative action plan.
• Discuss with the candidate any building or departmental regulations pertinent to the job.
8. Selection
In the selection of teachers, the executive director or program director will interview the qualified applicants, and their decision regarding selection will be made by the executive director of designee.
9. Contract or job offer
Only the personnel office is authorized to offer new or supplemental pay contracts and/or jobs to current employees or applicants.
10. Information report to state
In accordance with federal and state law, the personnel office will report the name, address and social security number of every new employee to Child Support Enforcement, 1375 Sherman Street, Denver, Colorado 80203.
This report, due within 20 days of the date of the hire or on the first payroll after the 20 days have expired, shall be submitted even if the employee quits or is terminated before the report is due. Upon termination, the employee's last known address and the fact of the termination shall be reported to the applicable court or agency.
Upon receiving a Notice of Wage assignment, the district shall remit the designated payment within 7 days of withholding the income according to instructions contained in the Notice. Child support withholding takes priority over other legal actions against the same wages.
Adopted: January, 2000
Revised: January 15, 2003, September 17, 2003
Recodified: April 19, 2006
Applications of all regular certificated personnel to be employed by the agency will be processed according to this procedure. Short-term, temporary or interim appointments may be made directly by the executive director, subject to the approval of the Board of Directors, without following the advertising procedure.
1. Vacancies
All regular vacancies will be advertised by the department of personnel.
2. Applications
All applications will be submitted to the personnel office.
Current employees may apply for supplemental pay positions by submitting a letter
outlining their qualifications for the position they are seeking.
All applicants will report to the personnel office and complete an application form.
3. Initial screening and interview
The program director will screen applications and conduct the initial interview with all applicants. The objectives of the screening and initial interview process are to:
a. Determine if the applicant meets the requirements of the No Child Left Behind Act of 2001 (NCLB) for designation as a highly qualified teacher.
b. Determine the suitability of the applicant for the specific position.
c. Determine those applicants who are most qualified for the position.
d. Discuss with the applicants any district policies and procedures pertinent to the job and to the employment process.
4. Background checks
Prior to hiring, the executive director designee will:
a. Check with the Colorado Department of Education to determine if there is any information on record indicating the applicant has been convicted of a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children or a misdemeanor crime that involves domestic violence
The department’s records will indicate if the applicant has been convicted of, pled nolo contendere to, received a deferred sentence or had his or her certificate annulled, suspended or revoked or such crimes. The department also will provide any available information to indicate whether the applicant has been dismissed by or resigned from a school district as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior which was supported by a preponderance of evidence according to information provided to the department by a school district and confirmed by the department in accordance with state law.
Information of this type that is learned from a different source shall be reported by the agency to the department.
The department will not disclose any information reported by a school district unless and until the department confirms that the allegation resulted in the person’s name being placed on the state central registry of child protection.
b.Contact previous employers of the applicant to obtain information or recommendations relevant to the applicant’s fitness for employment.
5. Fingerprinting non-licensed administrators
a. All non-licensed applicants selected for employment in an administrative position must submit a complete set of fingerprints taken by a qualified law enforcement agency or an authorized district employee and a notarized, competed form (described in b below) as required by state law
b. On the form the applicant must certify either that he or she has never been convicted of a felony or misdemeanor charge, not including any misdemeanor traffic offense, or that he or she has been convicted of a felony or misdemeanor charge (not including any misdemeanor traffic offense). The form must specify the felony or misdemeanor, the date of conviction and the court entering judgment.
c. The agency will release the fingerprints 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.
d. Although an applicant may be conditionally employed prior to receiving the results, he or she may be terminated if the results are inconsistent with the information provided on the form. The agency will notify the district attorney of such inconsistent results for action or possible prosecution.
e. The agency will cover the cost of the fingerprinting requirement.
6. Credit Reports
The personnel office will not obtain a credit report on an applicant unless the office has first notified the individual in writing, in a document consisting solely of the notice, that the agency would like to obtain a credit report and requesting the individual’s written authorization to obtain the report. A credit report will only be requested when the applicant submits a written authorization.
The personnel office will not rely on a credit report in denying an application unless the office has first supplied the applicant with a disclosure that includes a copy of the credit report and a summary of the applicant’s rights. If an application for employment is denied because of the credit report, the personnel office will give the applicant notice that the action has been taken, as well as:
- The name, address and phone number of the credit bureau supplying the report;
- A statement that the credit bureau was not involved in the decision to deny the application; and
- A notice of the individual’s right to dispute the information in the report.
7. Placement interview
- Determine whether the applicant can handle the specific assignment.
- Determine the best applicant for the position, giving due consideration to the district's affirmative action plan.
- Discuss with the candidate any building or departmental regulations pertinent to the job.
8. Selection
In the selection of teachers, the executive director or program director will interview the qualified applicants, and their decision regarding selection will be made by the executive director of designee.
9. Contract or job offer
Only the personnel office is authorized to offer new or supplemental pay contracts and/or jobs to current employees or applicants.
10. Information report to state
In accordance with federal and state law, the personnel office will report the name, address and social security number of every new employee to Child Support Enforcement, 1375 Sherman Street, Denver, Colorado 80203.
This report, due within 20 days of the date of the hire or on the first payroll after the 20 days have expired, shall be submitted even if the employee quits or is terminated before the report is due. Upon termination, the employee’s last known address and the fact of the termination shall be reported to the applicable court or agency.
Upon receiving a Notice of Wage assignment, the district shall remit the designated payment within 7 days of withholding the income according to instructions contained in the Notice. Child support withholding takes priority over other legal actions against the same wages.
Adopted: January, 2000
Revised: January 15, 2003, September 17, 2003
Recodified: April 19, 2006
No employee of the Board 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 agency.
Employees shall not engage in work of any type where information concerning customer, client or employer originates from any information available to them through agency sources.
Moreover, as there should be no conflict of interest in the supervision and evaluation of employees, at no time may any administrator be responsible for the supervision and or evaluation of any employee who is directly related.
Adopted: February 22, 1995
LEGAL REFS.: Constitution of Colorado, Article X, Section 13
C.R.S. 18-8-308
C.R.S. 22-63-204
C.R.S. 24-34-402 (1)
CROSS REF.: GBEB, Staff Conduct
(AND RESPONSIBILITIES)
All staff members have responsibility to make themselves familiar with and abide by the laws of the state as these affect their work, the policies of the board and the regulations designed to implement them.
Rules of conduct
Each staff member shall observe rules of conduct established in law which specify that an agency employee shall not:
Disclose or use confidential information acquired in the course of employment to further substantially personal financial interests.
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.
Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.
Perform any action in which the staff member has discretionary authority which directly and substantially confers an economic benefit on the business or other undertaking in which the staff member has substantial financial interest was engaged as a council, 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 or she 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 expense 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 agency facilities and equipment to communicate or correspond constituents, family members or business associates on an occasional basis.\
Accept or receive a benefit as an indirect consequences of transacting agency business.
Essential to the success of ongoing agency operations in 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 agency administration in regard to students.
Diligence in submitting required reports promptly at the time specified.
Care and protection of agency property.
Concern and attention for their own and the agency's responsibility for safety and welfare of students including the need to insure that students are supervised at all times.
A staff member may request an advisory opinion from the secretary of state concerning issues relating to conduct that is prescribed by state law.
Child abuse
All agency employees who have reasonable cause to know or suspect that any child is subjected to abuse of to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with policy JLF.
The executive director is authorized to conduct an internal investigation or to take any other necessary steps if information is received from the County Department of Social Services or a law enforcement agency that a suspected child abuse perpetrator is an agency employee.
Such information shall remain confidential except that the executive director shall notify the Colorado Department of Education of the child abuse investigation.
Possession of deadly weapons
The provision of the policy regarding public position of deadly weapons on agency property or in school buildings also shall apply to employees of the agency. 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 agency, the agency has good cause to believe that any staff member has been convicted of any felony or misdemeanor, other than a misdemeanor traffic offense or infraction, the agency shall make inquiries to the Department of Education for purposes of screening the employee.
In addition, the agency shall require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency. Fingerprints shall be submitted within 20 days of receipt of written notification. The fingerprints shall be forwarded to the Colorado Bureau of Investigation (CBI) 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 licensed 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 agency has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution 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 an appointment.
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. 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.
Adopted: February 22, 1995
Revised: January 19, 2000, January 15, 2003, September 17, 2003
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 (1)(ee)
C.R.S. 22-32-109.1 (8)
C.R.S. 22-32-109.7
C.R.S. 22-32-109.8 (6)
C.R.S. 22-32-109.9
C.R.S. 22-32-110 (1)(k)
C.R.S. 24-18-104
C.R.S. 24-18-109
CROSS REFS.: KFA
JLF
Teachers and other staff members project an image to the community and to students about the professionalism of the agency. 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. Examples of professional attire include, but are not limited to, collared shirts, dress slacks, dresses, and coordinated separates. The executive director has the final authority to decide what is professional attire.
Unacceptable items
The following items are deemed disruptive to the classroom environment or to the maintenance of a safe and orderly school and are not acceptable in school/agency buildings, on school/agency grounds, or at school/agency activities:
Shorts, dresses, skirts or other similar clothing shorter than mid-thigh length
Sunglasses and or hats worn inside the building
Inappropriately sheer, tight or low-cut clothing (e.g., midriffs, halter tops, backless clothing, tube tops, garments made of fishnet, mesh or similar material, muscle tops, etc.) that bare or expose traditionally private parts of the body including, but to limited to, the stomach, buttocks, back and breasts
Tank tops or other similar clothing with straps narrower than 1.5 inches in width
Any clothing, paraphernalia, grooming, jewelry, hair coloring, accessories, or body adornments that are or contain any advertisement, symbols, words, slogans, patches, or pictures that:
· Refer to drugs, tobacco, alcohol, or weapons
· Are of a sexual nature
· By virtue of color, arrangement, trademark, or other attribute denote membership in gangs which advocate drug use, violence, or disruptive behavior
· Are obscene, profane, vulgar, lewd, of legally libelous
· Threaten the safety or welfare of any person
· Promote any activity prohibited by the student code of conduct
· Otherwise disrupt the teaching-learning process
Exceptions
Appropriate athletic clothing may be worn when teaching or assisting with physical education classes, or when coaching athletic activities.
Uniformed workers (e.g. food preparers, custodians, etc.) shall wear the required uniform instead of professional dress.
School specific dress codes will be followed that are consistent with this policy.
Adopted: January 15, 2003
LEGAL REF.: CRS 22-32-109 (1)(cc)
CROSS REF.: GBEB
JICA
(Drug and Alcohol Use by Staff Members)
The unlawful manufacture, distribution, dispensing, possession or use of alcohol or a controlled substance is prohibited by the San Luis Valley Board of Cooperative Services. This policy shall apply to all agency employees although at times agency personnel may certify that a particular federal grant may apply only to specific work sites. 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. Alternatively, the employee may be allowed to participate in an approved drug or alcohol abuse assistance or rehabilitation program in appropriate circumstances in accordance with Board policy.
An employee knowingly in the possession of or under the influence of alcohol or any controlled substance shall be suspended immediately by his/her supervisor if such use or possession is:
1. On agency grounds or the grounds of any member district, whether or not school is in session
2. At any agency or member school-sponsored or sanctioned activity or event off agency or school property or enroute 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 executive director may reinstate the employee if it appears to be in the best interests of the individual and the agency. The matter must be reported in full to the Board.
If the investigation causes the executive director to continue the suspension in excess of 10 school days, the employee may request a hearing by the executive director or designee to be conducted in a manner to insure that the individual suspended receives a fair, impartial hearing.
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 executive director no later than five days after the conviction. The agency 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.
Adopted: February 22, 1995
Revised: August 18, 1999
LEGAL REFS.: 20 U.S.C. ' 7117 (Safe and Drug-Free Schools and Communities Act of 1994)
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
GDQD, Discipline, Suspension and Dismissal of Support Staff
JICH, Drug and Alcohol Use by Students
Drug-Free Workplace Policy Statement
San Luis Valley Board of Cooperative Services
I, THE UNDERSIGNED EMPLOYEE OF the San Luis Valley Board of Cooperative Services, 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 (Print)
__________________________________
Employee signature
__________________________________
Date
Adopted: February 22, 1995
Revised: March 1999
The Internet, a global computer network referred to as the World Wide Web, and electronic communications (e-mail, chat rooms and other forms of electronic communication) have vast potential to support curriculum and learning. The Board of Directors believes they should be used in the agency as a learning resource to educate and to inform.
The Board of Directors supports the use of the Internet and electronic communications by staff to improve teaching and learning through interpersonal communications, access to information, research, training and collaboration and dissemination of successful educational practices, methods and materials.
The Board believes the educational opportunities inherent in these tools far outweigh the possibility that users may procure material not consistent with the education goals of the agency. However, 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 agency 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 student accessible agency computers having Internet or electronic communications access. Blocking or filtering software may be disabled by a supervising teacher or administrator, as necessary, for purposes of bonafide research or other educational projects being conducted by staff members over the age of 18.
No expectation of privacy
Agency computers and computer systems are owned by the agency and are intended for educational purposes and agency business at all times. Staff members shall have no expectation of privacy when using the Internet or electronic communications. The agency reserves the right to monitor, inspect, copy, review and store (at any time and without prior notice) all usage of agency 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 agency computers and computer systems shall remain the property of the agency.
Unauthorized and unacceptable uses
Staff members shall use agency 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 agency 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 agency 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, sex, religion, national origin, age, marital status, disability or handicap
- 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 agency 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 agency computers or computer 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 agency employees that is protected by confidentiality laws. 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 agency 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).
Vandalism
Vandalism will result in cancellation of privileges and may result in agency 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 with the agency 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 agency-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 these procedures contained in this policy will result in the loss of the privilege to use these tools and may result in agency disciplinary action and/or legal action. The agency may deny, revoke or suspend access to agency technology or close accounts at any time.
Staff members shall be required to sign the agency’s Acceptable Use Agreement before Internet or electronic communications accounts shall be issued or access shall be allowed.
Agency makes no warranties
The agency makes no warranties of any kind, whether expressed or implied, related to the use of agency computers and computer systems, including access to the Internet and electronic communications services. Providing access to these services does not imply endorsement by the agency of the content, nor does the agency make any guarantee as to the accuracy or quality of information received. The agency 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.
Adopted: January 15, 2003
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)
Staff member
I have read, understand and will abide by the agency’s policy on Staff Use of the Internet and Electronic Communications. Should I commit any violation or in any way misuse my access to the agency’s computers or computer system, including use of the Internet and electronic communications, I understand and agree that my access privileges may be revoked and disciplinary and/or legal action may be taken
I hereby release the agency from all costs, claims, damages or losses resulting from my use of agency computers and computer systems, including use of the Internet and electronic communication, including but not limited to any user fees or charges incurred through the purchase of goods or services.
Your signature on this Acceptable Use Agreement is binding and indicates you have read the agency’s policy on Staff Use of the Internet and Electronic Communications and understand its significance.
________________________________________
Staff member’s Name (printed)
_______________________________________________________________
Staff member's Signature Date
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 civil liability, unless the person acted willfully or wantonly, for:
taking action regarding the supervision, grading, suspension, expulsion or discipline of a student
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
It is an affirmative defense in any criminal action 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 nonrenewal 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.
For purposes of this policy, "disciplinary information" means confidential records maintained by or in possession of the principal or designee on an individual student which indicates the student has committed an overt and willful act which constitutes a violation of the district’s code of student conduct and/or there is reasonable cause to believe, through information provided to the principal from another credible source, that the student could pose a threat to the health and safety of other students and school personnel based on prior misbehavior.
"Disciplinary information" is intended to include only that information of a serious nature that is not otherwise available to teachers and counselors as part of the education records maintained on students or other reports of disciplinary actions. It is appropriate for instructional staff members to request disciplinary information from the principal or designee on students in their classrooms if there is concern that the student poses a threat to the safety of other students or school officials.
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 administrative regulations that accompany this policy.
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.
Adopted: September 17, 2003
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 U.S.C. 2361 through 2368 (Coverdell Teacher Protection Act contained in No Child Left Behind Act of 2001 limits the liability of school personnel)
CROSS REFS.: GCQF, Discipline, Suspension and Dismissal of Professional Staff
JK, Student Discipline and subcodes
The following procedures shall be followed in instances of assault, disorderly conduct, harassment or alleged criminal offense by a student directed towards a teacher or agency employee. An act of a teacher or other employee shall not be considered child abuse if the act was an appropriate expression of affection or emotional support.
These same procedures shall be followed in instances of damage by a student to the personal property of a teacher of agency employee occurring on school district premises.
The teacher or employee shall file a written complaint with the building principal, the superintendent=s office and the Board of Education of the member district in which the incident occurred.
The principal, after receipt of both the complaint and the adequate proof of the charges, shall suspend the student for three days in accordance with established procedures.
The superintendent shall initiate procedures for the further suspension or expulsion of the student when injury or property damage has occurred.
The superintendent or designee shall report the incident to the district attorney or the appropriate local law enforcement agency or office who shall then investigate the incident to determine the appropriateness of filing criminal charges or initiating delinquency proceedings.
Adopted: February 22, 1995
Revised: September 17, 2003
LEGAL REFS.: C.R.S. 19-3-304 (3.5), (4)
C.R.S. 22-32-109 (1) (X) (I), (II)
C.R.S. 22-32-110 (4) (B) (II)
C.R.S. 22-33-106 (1)(D)
(And Physical and Mental Health Examination Requirements)
Through its overall safety program and various policies pertaining to agency personnel, the Board shall seek to ensure 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. The agency 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 agency may require an applicant to have a medical examination and to meet any other health requirements that may be imposed by the state. The agency 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, regular part-time or temporary part-time drivers 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 others, the agency has a responsibility to 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 ability to perform required duties or which may pose an unacceptable risk to the health, safety or welfare of the employee or others. The agency shall select the medical professional to conduct 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 agency may take action to suspend and/or terminate the employee in accordance with applicable policies and regulations.
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 agency 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 agency setting, is encouraged to report to a designated agency administrator the affliction with the disease. The administrator shall follow the procedures accompanying this policy to evaluate the employment status of the staff member.
To encourage disclosure, the agency shall endeavor to treat these employees in a fair, nondiscriminatory and confidential manner consistent with the agency's legal obligations. Federal and state law mandate, pursuant to provisions protecting handicapped individuals, that such employees shall not be discriminated against on the basis of their handicaps and that, if it becomes necessary, some reasonable accommodations be made to enable qualified individuals to continue work.
Confidentiality
In all instances, agency personnel shall respect the individual's right to privacy and treat any medical diagnosis as confidential information. The executive director shall initiate procedures to insure that all medical information will be held in strict confidence. Any agency staff member who violates confidentiality shall be subject to appropriate disciplinary measures.
Adopted: September 17, 2003
LEGAL REFS.: 29 U.S.C. '794 (1983) (Section 504 of the Rehabilitation Act)
42 U.S.C. '12101 et seq. (Americans with DisabilitiesAct)
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 Handicap/Disability (Compliance with Section 504)
EBBA, Prevention of Disease/Infection Transmission
GBA, Open Hiring/Equal Employment Opportunity and
Affirmative Action
GBJ, Personnel Records and Files
GBGG, Staff Sick Leave
GCQF, Discipline, Suspension and Dismissal of
Professional Staff
GDQD, Discipline, Suspension and Dismissal of Support Staff
The following procedures shall be followed in instances of assault, disorderly conduct, harassment, knowingly false allegation of child abuse, or alleged criminal offense by a student directed towards a teacher or agency employee. An act of a teacher or other employee shall not be considered child abuse if the act was an appropriate expression of affection or emotional support.
These same procedures shall be followed in instances of damage by a student to the personal property of a teacher or agency employee occurring on agency premises.
1. The teacher or employee shall file a written complaint with the executive director's office and the Board of directors.
2. The executive director, after receipt both of the complaint and adequate proof of the charges, shall notify the local superintendent who will procede to 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 executive director or designee shall report the incident to the agency 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.
Adopted: February 22, 1995
Revised: March 1999
LEGAL REFS.: C.R.S. 19-3-304 (3.5), (4)
C.R.S. 22-32-109 (1)(x)
C.R.S. 22-32-110 (4)(b)(II)
C.R.S. 22-32-126
C.R.S. 22-33-106 (1)(d)
CROSS REFS.: ECAC, Vandalism
It is the policy of the San Luis Valley Board of Cooperative Educational Services that the safety of its employees and the public is of chief importance. The prevention of accidents and injuries takes precedence over expedience. In the conduct of our business, every attempt will be made to prevent accidents from occurring. The San Luis Valley BOCES requires that its employees, as a condition of employment, comply with all applicable safety regulations as listed in the agency policy manual.
The designated safety coordinator for the San Luis Valley BOCES is the primary contact for safety-related matters. All employees will receive an orientation to the San Luis Valley BOCES safety rules and policy upon initial employment, and are encouraged to bring to the attention of their immediate supervisor any unsafe conditions or practices. Supervisors will communicate these concerns to the safety coordinator, who will respond to this concern within 24 hours.
Adopted: April 19, 2006
Safety Rules
1. Being impaired by, or under the influence of, alcohol or illegal drugs while at work, is strictly prohibited. If taking prescription drugs, please follow physician’s recommendation and notify management if medications make you drowsy, etc.
2. Fighting, horseplay, practical jokes or other disorderly conduct is strictly prohibited.
3. Threatening, intimidating, or using abusive language to other employees is strictly prohibited.
4. Whenever employees are driving, or a passenger in a motor vehicle, during the course and scope of employment, they must wear seat belts.
5. Employees must immediately report all injuries, no matter how minor, to their supervisor.
6. Employees shall report any safety hazards/conditions immediately to management.
Prevent Slips/Falls
1. Wear appropriate footwear on snow and ice. If necessary, bring a change of shoes for inside the building.
2. Report slippery surfaces to management immediately.
3. Do not take short cuts. Only walk on sidewalks that have been cleared of snow and ice.
4. Use handrails on stairways.
5. Use extra caution when carrying objects on ice and snow.
Lifting Procedures
1. PLAN the move before lifting; ensure that you have an unobstructed pathway.
2. TEST the weight of the load before lifting by gently pushing the load along its resting surface.
3. If the load is too heavy or bulky, use lifting and carrying aids such as dollies and pull carts or get assistance from a co-worker.
4. If assistance is required to perform a lift, coordinate and communicate your movements with those of your co-worker.
5. Facing the load, position your feet 6 to 12 inches apart with one foot slightly in front of the other.
6. Bend at the knees, not at the back – keep your back straight.
7. Hold the object as close to your body as possible.
8. Perform lifting movements smoothly and gradually; do not jerk the load.
9. If you must change direction while lifting or carrying the load, pivot your feet and turn your entire body. Do not twist at the waist.
10. Set down objects in the same manner as you picked them up, except in reverse.
11. Do not lift an object from the floor to a level above your waist in one motion. Set the load down on a table or bench and then adjust your grip before lifting it higher.
Safe Driving
1. Manage the space surrounding your vehicle
A. Do not follow too closely – Remember to adjust your speed and distance between the vehicle in front of you for road conditions.
B. If someone is following you too closely, stay to the right, slow down, and give the other driver plenty of opportunity to pass.
C. Do NOT hug the center line – Easy to drift into oncoming traffic.
D. Do NOT hug the right side of the road – a soft shoulder could cause you to loose control.
E. Do NOT travel along side another vehicle except for the amount of time it takes to safely pass the other vehicle.
2. Constantly scan your mirrors.
3. Do NOT use your cell phone while driving.
Paraprofessional Back Safety
To protect your back when lifting, transferring, or assisting students remember the following.
Plan Ahead-
* Ensure the intended path of travel is clear of any debris, obstacles, wet or slippery surfaces.
* If the student is irritable, unpredictable, has a history of falling, or weighs more than 1/3 your body weight, ask for assistance or use an appropriate lifting device that you have been trained to use.
* Ensure wheels are locked on mobile devices such as wheelchairs, tables, and assistive equipment before you begin a transfer.
Communicate-
* Always communicate your lift/transfer/assistance plans with the student and/or lifting partner so that everyone knows what to expect.
Body Mechanics-
* Keep your feet about shoulder width apart while lifting or transferring.
* Bend your knees, not your back.
* Never twist your back while lifting. Always turn your feet and legs in the direction you are headed.
* Keep the student’s weight as close to you as possible.
Assistive Devices-
* Use assistive equipment only when you have been trained and feel comfortable doing so.
* Ensure equipment is in proper working order before attempting the lift or transfer.
* Gait belts should fit the student properly and not be too snug or loose.
Aggression Control Procedures
1. If you perceive no immediate physical threat:
a. Notify other staff members and have a stand-by to render assistance.
b. State clearly who you are, what you can do to help and what your time limits are as a staff member.
2. If you perceive the possibility of severe physical injury:
a. Assume a non-threatening physical posture and tone of voice.
b. State in clear concise terms what you want the individual to do.
c. State what you can do to help.
d. Speak with authority.
e. Make direct commands.
f. Set a time limit. At the end of set time, seek assistance from a staff member.
3. If you are assaulted:
a. Discontinue care; leave the area.
b. Report assault to your supervisor.
c. Do not return alone. Bring assistance with you.
4. Breaking up an altercation:
a. Do not attempt to break it up alone.
b. Call for help from staff members or call security.
c. Stay out of the immediate area.
d. Wait for help from at least one other person. Do not intervene alone.
Adpoted: April 19, 2006
Benefits in addition to basic salary are recognized by the board is an integral part of total compensation plan for staff members. The benefits extended to the professional staff shall be designed to promote their present and future economic security and provide incentive for professional development that will be of benefit to the member districts.
In employees who work 20 hours per week or more may purchase the agency's group life insurance and long-term disability insurance plans.
In employees who work 20 hours per week or more of a purchase the agency's group hospital and dental insurance plans. Health insurance coverage is optional.
Agency employees must participate in Public Employees Retirement Association, to which both the employee and the agency make monthly contributions.
Employees who work regular part-time at the SLV BOCES will be allowed a pro-rated portion of their fringe benefit, if they work at least half-time.
Workmen's Compensation: All employees are covered under Workman's Compensation Insurance Plan and will be entitled all the prescribed benefits.
Adopted: February 22, 1995
LEGAL REFS.: C.R.S. 8-40-101 et seq through 8-4-101 et seq
C.R.S. 22-5-108 (1)(a)
C.R.S. 22-32-110 (1)(j)
C.R.S. 24-51-101 et seq
An employee who is temporarily disabled and unable to work as a result of an injury arising out of and in the course of employment shall be placed on workers’ compensation leave for the period of time the employee applies and is eligible for workers’ compensation benefit payments.
The primary source of compensation for an employee on workers’ compensation leave shall be the indemnity payment from the workers’ compensation section of the division of workers’ compensation of the Colorado Department of Labor and Employment or insurance carrier is determined by state law. To the extent the indemnity payment is less than the employee's weekly wage or equivalent, the employee is entitled to use accrued agency sick leave and vacation time to supplement the workers’ compensation payment.
Under no circumstances shall employ be allowed to receive more than an amount equal to the weekly wage or equivalent when combining the indemnity payment from workers compensation and agency benefits. The employee shall provide any requested documentation to the agency to evidence amounts paid by workers compensation before benefit payments are allowed by the agency.
The administration is directed to establish necessary procedures to implement this policy.
Adopted: February 22, 1995
Revised: August 18, 1999
LEGAL REFS.: C.R.S. 8-42-101 et seq
C.R.S. 8-42-105
CROSS REFS.: GBGG
GCD
GDD
Maternity leave
Medically necessary sick leave for maternity purposes shall be available to any female employee who becomes pregnant. The leave will be allowed during such period of the pregnancy and a reasonable time immediately following termination of the pregnancy as is medically necessary to safeguard the health of the mother and/or child.
1. Determination of Necessity
The determination and designation of the period of time during which leave is necessary may be initiated by either the employee or the agency. Final determination of such period including the beginning, duration and end of the period shall be made by the Board of Directors based on information provided by the employee, the employee's physician, the administration and if deemed necessary by a physician designated by the Board of Directors.
2. Reinstatement
An employee who has taken leave in accordance with this policy shall be assured reinstatement at the beginning of the first semester following the end of the period of time during which leave is necessary. However, any leave granted shall in no way affect the powers or duties of the Board including but not limited to the nonrenewal of a contract of a probationary teacher.
3. Notice
An employee who becomes pregnant shall be encouraged to notify the executive director or his designee regarding the pregnancy well in advance of the expected leave so that the agency may make appropriate staffing decisions. When an employee is no longer pregnant, she shall notify the executive director or designee of this fact.
4. Benefits
An employee on maternity leave for medical necessity as determined by the employee's or the Board's physician shall receive pay, insurance and other benefits to the same extent and on the same basis as sick leave used for other purposes. Any additional leave granted by the Board for maternity purposes beyond that which is medically necessary shall be without pay or other sick leave benefits unless the provisions of the federally-mandated family leave policy apply.
Parental leave
Child care leave of absence without salary and fringe benefits may be granted to staff members for the purpose of child rearing, child care or adoption. Child care leave may be granted for a period of time not to exceed a total of two [note: the district may insert any period of time] school years for each employee. The leave need not be taken all at once, but must be taken in increments which coincide with the planning needs of the district.
In determining whether to grant the leave request, the agency will consider any special needs of the child, the staffing needs of the agency and any other relevant factors. The agency will grant a child care leave of absence without regard to the sex of the teacher.
The request for leave will be made to the personnel office of the agency. If the child care leave request is refused by the personnel office, the staff member may appeal to the Board of Directors.
If the leave period is for an entire school year, notice of intent to return from leave must be given to the personnel office before April 1 preceding the school year the employee wishes to return to work. If the leave is for a period less than an entire school year, notice of intent to return shall be given at least three months prior to the date the employee wishes to return to work. Upon return from child care leave, the employee shall be reinstated on the salary schedule at the column and step he or she was on when granted leave.
As long as proper notice has been given of the employee's intent to return to work, the agency shall reinstate the employee and place him or her on the salary schedule at the appropriate level. A teacher being reinstated shall be placed in a teaching position as nearly identical as possible to the position left at the commencement of the leave. In no event shall a teacher be placed in a position for which he or she is not qualified or certified.
The employee on child care leave may be permitted to substitute in the agency at the agency-approved substitute rate of pay.
The provisions of this section shall apply only after an eligible employee has used the entitlement of the federally-mandated family leave. Any days taken for family leave will be deducted from the total leave period allowed under this policy.
Nothing in this policy shall be construed to limit the powers or duties of the Board to make employment decisions for the agency including but not limited to non-renewing a contract of a probationary teacher.
Adopted: August 18, 1999
LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family Medical Leave Act)
42 U.S.C. ' 2000e-2 (Title VII of the Civil Rights Act of 1964)
C.R.S. 19-5-211 (adoption statute)
The board shall provide a plan for leaves and absences designed to help members of the staff maintain 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 the board policies pertaining to specific types of leaves.
Federally Mandated Family Leave
The provisions of this section shall apply to all family and medical leaves of absence except to the extent that paid leaves are covered by other board policies for any part of the 12 weeks of leave to which the employee is entitled. If an employee is entitled to paid leave under another policy, the employee shall take paid leave first.
To be eligible for leave under this policy, an employee shall have been employed for at least 12 months and shall have worked at least 2250 hours during the 12 month period preceding the commencement of the leave. A full-time classroom teacher shall be deemed to be eligible for family leave. An eligible employee shall be entitled to a combined total of 12 weeks leave per year under particular circumstances that are critical to the life of the family.
Leave may be taken upon the birth and for the first-year care of employee's child; upon the placement of the child with an employee for adoption or foster care; when the employee is needed to care for a child, spouse or parent who has a serious health condition; or when the employee is unable to perform the functions of the position because of a serious health condition.
Spouses who are both employed by the agency shall be entitled to a total of 12 months after adoption or foster placement. Leave to care for a child shall include leave for the step-parent or person in loco parentis.
If medically necessary for a serious health condition of the employee or the employee’s spouse, child or parent, leave may be taken on an intermittent or reduced leave schedule subject to certain conditions which pertain to instructional employees. The district may require the employee to transfer temporarily to an alternative position which better accommodates reoccurring periods of absence or part-time schedule provided that the position has equivalent pay and benefits.
The agency shall maintain coverage under any group health insurance plan for an employee who is granted an approved leave of absence under this policy for the duration of the leave (up to 12 weeks). Such coverage shall be maintained at the same level and under the same conditions as coverage would have been provided if the employee were not on leave. The agency reserves the right to seek reimbursement for this benefit in the event that an employee elects not to return to work, as allowed by the law.
Reinstatement shall be determined in accordance with any applicable board policies. If the employee on leave as a salaried employee and is among the highest-paid 10% of agency employees and keeping the job open all for the employee would result in substantial economic injury to the agency, the employee may be denied reinstatement provided the agency 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.
The executive director is directed to develop procedures to require appropriate medical certification, notification and reporting which are consistent with the law. The procedures shall describe how the agency will post notices concerning the federal law and other steps the agency shall take to inform employees of its requirements.
Adopted: August 18, 1999
LEGAL REFS.: 29 U.S.C. 2601 et seq
29 C.F.R. Part 825
CROSS REFS.: GBGG
GBGK
GBGE
Notification and Reporting
When the need for leave for the birth or adoption of a child or for a planned medical treatment is foreseeable, the employee must provide at least 30 days prior notice unless circumstances dictate otherwise. With respect to foreseeable treatments of an employee's family members, the employee must make a reasonable effort to schedule treatment, so as not to disrupt agency operations.
In cases of illness, the employee is required to report periodically on their leave status and intention to return to work.
Intermittent or Reduced Leave
When instructional employees seek intermittent leave in connection with the family or personal illness, and when such leave would constitute at least 20% of the total number of working days in the period during which the leave would extend, the agency may require the employee to take a leave in a block (not intermittently) for the entire period or to transfer to an available alternate position with the agency, that is equivalent in pay, for which the employee is qualified and which better accommodates the intermittent situation.
Basic Conditions
The district will require medical certification to support a claim for leave for an employee's own serious health condition or to care for a seriously ill child, spouse or parent. The basic certification will be sufficient if it contains the date on which the condition commenced, the duration of the condition in any appropriate medical information.
For an employee’s own medical leave, the certification must also include a statement that the employee is unable to perform the functions of the position. For leave to care for a seriously ill child, spouse or parent, the certification must include estimate of the amount of time the employee is needed to provide care.
In its discretion, the agency may require a second medical opinion and periodic recertification at its own expense. If the first and second opinions differ, the agency in its own expense, may require the binding opinion of a third health care provider approved jointly by the agency and the employee.
Certification for intermittent leave must indicate the dates on which treatment is expected to be given and the duration of treatment. For leave to care for a seriously ill child, spouse or parent, the certification must include a statement that the employee's intermittent leave is necessary to care for the family member and is the expected duration and schedule of treatment.
For the employee's own intermittent leave, the certification must contain a statement indicating the medical necessity of the intermittent treatment, and it's expected duration.
A "Request for Family and Medical Leave of Absence Form" must be originated in duplicate by the employee. This form should be completed in detail, signed by the employee, submitted to the immediate supervisor for proper approval, and forwarded to the personnel department. If possible, the form should be submitted 30 days in advance of the effective date of the leave. All medical information provided to the agency through this process shall be treated as confidential.
Reinstatement
Because the end of the semester is a critical time for both teachers and students, the following conditions will apply to request from teachers seeking to return from leave within the last three weeks of the semester:
If the employee begins any category of family and medical leave five or more weeks prior to the end of semester and the leave us for more than three weeks, the agency may require the employee seeking to return within the last three weeks to wait until the next semester.
If the employee begins any category of family and medical leave except personal sick leave. Less than five weeks before the end of the semester and the period of leave is greater than two weeks, the agency may require the employee seeking to return within the last two weeks to wait until the next semester.
If the employee begins in the category of family and medical leave except personal sick leave, three or fewer weeks before the end of the semester and the period of leave is greater than five working days, the agency may require the employee to wait until the next semester.
Employees who have taken leave due to personal health condition will be required to provide certification by their physician that the employee is able to resume work. In addition, the agency reserves the right to consult with the public health official if there is any question about the possible transmission of a disease in the agency setting.
Repayment of Benefits
In the event that an employee elects not to return to work upon completion of an approved unpaid leave of absence, the agency may recover from the employee the cost of any payments made to maintain the employee's group health insurance coverage, unless the failure to return to work was due to a continuation, reoccurrence or onset of the serious health condition as certified by a physician that entitles the employee to leave for other reasons beyond the employee's control.
Benefit entitlements based upon length of service will be calculated as of the paid work day prior to the start of the unpaid leave of absence.
Posting/Notice of Employees
Administrators will post notices explaining the Family And Medical Leave Act's provision in locations where they can be readily seen by employees and applicants for employment.
The FMLA fact sheet published by the US Department of Labor, wage and hour's division, will be incorporated into all handbooks or provided directly to employees.
Adopted: August 18, 1999
The board shall provide a plan of leaves, absences and vacation designed to help staff maintain their physical health, care for their families and other personal emergencies, improve professionally and care for personal obligations.
Such leaves and absences shall be granted in accordance with the law and board policies pertaining to specific types of leaves.
All leaves and absences shall be with the knowledge and concurrence of the program director and/or the executive director. Leave policies shall be applicable only to full-time and regular part-time employees.
When an employee is to be absent from the job for any reason, the employee shall notify the immediate supervisor and the BOCES office as soon as the employee is aware of the impending absence. In no case shall this notification be later than noon. Failure to report personal or sick days to the BOCES office shall be considered an unauthorized leave of absence.
Personal days before and after holidays (including spring break) are not allowed for any employee assigned to classroom responsibilities without prior approval by the executive director. Unauthorized absences shall result in a withholding of pay for the time missed by the employee. Unauthorized absences of more than two days by an employee may result in termination of employment
* Personal Leave:
All full-time staff shall be allowed one day per month leave to be used for essential personal or family obligations, or for illness. Such leave shall be earned at a rate of one day per month per year during the working terms of the contract or employment agreement on the first day of employment.
1. No personal leave days will be compensated that may exceed the total number of days on the job during any pay period.
2. The maximum number of personal leave days per year shall be 9 for 9 month and 12 for 12-month employees.
3. Unused personally may be accumulated from year to year to be used as sick leave only, which shall be defined as personal illness or health needs or death or illness of the employee's immediate family (parent, spouse, sister, brother, child or grandparents of the employee or spouse). Accumulated sick leave shall not exceed 60 days.
4. If the director so requests, employees claiming sick leave privileges shall file a doctor's certificate attesting to such illness.
5. It shall be the prerogative of the board to support such employee benefits as long or short-term disability as may be in the best interest of employees and within the capabilities of the agency.
6. If a full time employee moves to a part time position any earned sick leave will be reduced proportionally by the reduction in work time. (i.e. moving from full time to ½ time sick accumulated sick leave will be reduced by ½.)
* Parent/Childcare Leave:
Sick leave for maternity purposes shall be allowed any employee during the period of pregnancy and/or during such period of time the employee is temporary disabled because off, or contributed by, or pregnancy and/or complications, and for a reasonable time immediately following termination of the pregnancy as is medically necessary for the safety and health of the mother and/or the child.
The determination and designation of the period of time during which leave is necessary may be initiated by either the employee or the agency. Final determination of such periods including the beginning, duration and end of the period of leave shall be made by the board based on information provided by the employee, the employee's physician, the administration and, if he deemed necessary, by a physician designated by the board.
An employee on leave for medical necessity as determined by the procedure outlined shall receive pay, insurance, and other benefits to the same extent and on the same basis as sick leave for any other health-related purpose. (This leave shall be deducted from the employee sick leave). Any additional leave granted by the board beyond that which is medically necessary, or beyond the employee’s sick leave days accumulated shall be without pay or other sick leave benefits.
It shall be responsibility of the employee to notify the executive director of intent to request maternity leave at least 90 days prior to the projected leave and shall notify the executive director of termination of pregnancy and intent to return to work. Unforeseen complications may preclude the notice and shall be treated as sick leave for medical purposes.
An employee who has taken leave the accordance with this policy shall be assured reinstatement at the end of the determined period of leave.
* Professional Leave
The Board shall support a plan for leaves of absence designed to help members in the professional staff improve their individual competencies without loss of pay, and could include professional conferences, workshops, statewide or local. Such leave shall be granted at the discretion of the executive director and the program director and decided on its own merit.
Adopted: February 22, 1995
Recodified: April 19, 2006
A Sick Leave Bank is established within SLV BOCES for all employees who work at least half time or more. The purpose of the program is to provide a means to voluntarily transfer accumulated sick/personal leave to the bank for use by a member who is experiencing a catastrophic medical hardship. The bank is to provide additional sick days for participants who have extended illnesses/injuries causing them to use all their accumulated sick/personal and annual leave. Participation shall be on a voluntary basis.
The sick leave bank benefits are for the member’s illness or disability or for a child 19 years of age or younger living in the household and do not provide for the illness or disability of any person or persons related to the member except the dependent child listed above.
The SLV BOCES Steering Committee will administer the Sick Leave Bank and will be responsible for formulating or amending policies subject to the approval of the SLV BOCES Board.
A Sick Leave Bank Year will run from September 1 of one year through August 31 of the following year.
A Work Year will be that portion of a contract year in which the employee has been designated by the BOCES to perform his/her specific duties and for which he/she would be eligible to receive sick leave.
Applications for membership to the Bank will only be made during the month of September. New employees may enroll within the first month of employment. Each new full-time member will contribute two sick leave days and each new part-time member will contribute one sick leave day; donation thereafter will be on an as needed basis.
The total number of days in the Bank will be maintained at a minimum of 40 days and a maximum of 100 days.
Persons withdrawing sick leave days from the Bank will not have to replace these days except as a regular contributing member to the Bank.
A written statement of Sick Leave Bank policies and procedures will be available to every eligible employee. Signatures will be required on the application for membership. Membership must be renewed annually by signature consent. Any lapse in membership will require contribution of days in order to re-join the bank.
Membership in the Bank will terminate under the following conditions:
- Violations of terms and/or purpose of this agreement.
- Member’s request in writing.
- Termination of employment.
In order to receive benefits, a member must submit the Application for Sick Leave Bank Benefits form, which must also be signed by the attending physician. The member will be notified of the Steering Committee’s decision within five working days from the date of request.
The number of days issued to the member will be decided by the Steering Committee. A maximum of 20 days each work year may be withdrawn by one individual from the Bank, if a full-time employee, and 10 days for part-time employees. All decisions by the Steering Committee will be final.
Members must use all of their sick/personal/annual days before requesting days from the bank. The Sick Leave Bank may not be used when a person is eligible for disability insurance, PERA or workers’ compensation insurance. Maternity leave is handled separately from the sick leave bank.
Adopted: September 19, 2001
Revised: February 20, 2001, February 16, 2005
Name: _________________________________________________________________
_____I would NOT like to be a member of the SLV BOCES Sick Leave Bank.
_____I would like to be a member of the SLV BOCES Sick Leave Bank.
As a member, I realize I will have to donate 2 sick leave days (full-time employee) or 1 sick leave day (part-time employee) to the Sick Leave Bank, subsequent donation of days will be as needed. If I leave or retire, any days donated stay in the Sick Leave Bank.
I will be eligible for Sick Leave Bank benefits as long as I am employed by the SLV BOCES and remain a member of the Sick Leave Bank.
Signed: _________________________________________________Date: __________
Application for membership must be returned to Cindy Squires by September 30 or within 30 days of employment.
Adopted: September 19, 2001
Member’s Name__________________________________________________________
Home Address____________________________________Home Phone_____________
Position_________________________ Building Site____________________________
Full-Time_______ Part-Time_______
Person Requesting Leave___________________ Relationship to Member____________
(Only if member is incapacitated)
Date illness/injury began________________________Anticipated Duration __________
Date all leave days will be/were exhausted________________________
Briefly describe the nature of illness/injury_____________________________________________________________
________________________________________________________________________
I hereby certify that I understand, agree to and meet the requirements of the Sick Leave Bank Policy. I also authorize the Steering Committee to obtain necessary information concerning this application.
________________________________________________________________________
Signature of Member Date
---------------------------------------------------------------------------------------------------------------------------------
TO BE COMPLETED BY ATTENDING PHYSICIAN
I certify that ___________________________________ is experiencing a catastrophic medical hardship that warrants extended relief from work for _______ days.
___________________________________________ ___________________________
Signature of Physician Date
---------------------------------------------------------------------------------------------------------------------------------
TO BE COMPLETED BY STEERING COMMITTEE
________________________________ ? Approved ? Not Approved
Date Request was Received
__________________________________________ __________________________
Signature of Steering Committee Chairperson Date
Adopted: September 19, 2001
Employee shall be excused for National Guard or military reserve duty with no jeopardy to their employment. Leave for National Guard or military reserve duty shall be without pay, except when such leave involves relatively few hours connected to a weekend and the employee's assignment will allow the lost time to be made up gainfully.
Adopted: February 22, 1995
Three days of paid bereavement leave may be granted to all eligible employees by the executive director to attend funerals of members of the immediate family and friends. Bereavement leave for family members will be up to a maximum of three days, unless extended by the executive director for unique circumstances. Additional days may be approved by the executive director.
Immediate family shall be defined as father, mother, brother, sister, children, spouse or grandparents of the employee or their spouse. Bereavement for friends of the employee may be approved by the executive director on a case-by-case basis and additional days will be allowed by permission of the executive director on a one day at a time basis only.
Adopted: February 22, 1995
Revised: August 18, 1999
Vacations
All full-time (12 month) employees shall be entitled to an annual paid vacation. Paid vacation for support staff members shall be 10 working days for the first through three years of service, 15 working days for the fourth through seventh years of service and 20 working days after the eighth year of service.
Vacation may be taken during the year succeeding the contract period. An employee who has worked six or more months, but less than one year may receive a prorated portion of paid vacation during the first summer of employment.
Vacation time must be approved by the employee’s immediate supervisor, project supervisor and/or the executive director.
Holidays
Personnel tied directly to school district calendars shall be entitled to the regularly scheduled holidays of the district in which they are working.
Personnel not tied directly to school district calendars shall be entitled to the holidays established by the San Luis Valley BOCES annual calendar.
Adopted: February 22, 1995
Recodified: April 19, 2006
All licensed, instructional, administrative, support, paraprofessional and supervisory positions shall be established initially by the Board. All changes in the titles and/or responsibilities of administrative and supervisory positions shall be approved by the Board.
In each case, the Board shall approve the broad purpose and function of the position in harmony with state laws and regulations and approve a statement of job requirements as recommended by the executive director.
The Board shall employ a qualified director of special education who shall be responsible for the development, implementation, and administration of special education services and programs.
Professional Staff
The Board shall employ sufficient licensed and properly endorsed instructional and related services personnel for provision of adequate identification, programming, implementation and consultative services necessary for the education of handicapped students in accordance with state program standards.
The Board delegates to the executive director the task of writing job descriptions, which must include any physical capabilities required for specific positions.
Teachers do not attain non-probationary status while employed at a BOCS. Each teacher is employed pursuant to an annual contract that is subject to renewal annually. No teacher shall be dismissed during the term of the teacher's contract without good cause.
Support Staff
Support staff employees, unless otherwise designated by contract, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy. Support staff employees shall be employed for such time as the agency is in need of or desirous of the services of such employees.
In each case, the Board designates the executive director the task of writing a statement of job requirements. This shall be in the form of a job description setting forth the qualifications for the job, a detailed list of performance responsibilities and any required physical capabilities.
Only the Board may abolish a position that it has created.
Paraprofessional Staff
Paraprofessional members shall be employed for such time as the agency is in need of or the desirous of the services of such employees, unless otherwise designated by contract or by board policy.
In each case, the Board shall approve the statement of job requirements as presented by the executive director. This shall be in the form of a job description, setting forth the qualifications for the job, a detailed list of performance responsibilities and any required physical capabilities.
Only the Board may abolish a position that it has created. The board must notify the paraprofessional staff, in writing, if the position has been abolished 20 working days prior to the termination date.
All paraprofessionals who provide instructional support for students in Title I Schoolwide Programs and Targeted Assistance Programs shall meet the qualifications set forth in federal law and regulations.
Adopted: February 22, 1995
Revised: May 17, 2000, September 17, 2003
Recodified: April 19, 2006
LEGAL REFS: C.R.S. 22-32-110 (1) (h)
C.R.S. 22-60.5-101 et seg
C.R.S. 22-63-101 et seq
20 U.S.C. 1119 (No Child Left Behind Act of 2001)
34 C.F.R. 200.55, 200.58, 200.59 (federal regulations regarding highly qualified teachers)
Professional Staff
Teachers shall be in one of these classifications for purposes of the Colorado Teacher Employment, Compensation and Dismissal Act according to the terms of their employment:
1. Teacher. Teacher means any person who holds an initial or professional teacher’s license and who is employed to instruct, direct or supervise an instructional program. “Teacher” does not include persons holding letters of authorization or the superintendent.
2. Teacher-in-residence. A person who does not have a teacher’s license, but holds a teacher in residence authorization, who is hired to teach pursuant to a teacher-in-residence program implemented by the school district. A resident teacher is considered a probationary teacher when he or she begins his or her second year of continuous and uninterrupted employment in the teacher-in-residence program.
3. Probationary teacher. A teacher on an annual contract who has not completed three full years of continuous and uninterrupted employment in the district and who has not been re-employed for the fourth year. A year of required service for probationary teachers is defined as a full school year if the period of continuous and uninterrupted employment includes the last 120 school days of the academic year.
4. Substitute teacher. A teacher who performs services for a district for four hours or more during each regular school day, but works on one continuous assignment for a total of less than 90 regular school days, or for less than one semester or equivalent time as determined by the annual school year calendar of the district. Substitute teacher does not include a non-probationary or probationary teacher who is assigned as a permanent substitute teacher within a school district.
5. Itinerant teacher. An itinerant teacher who is employed by a district on a day to day or similar short-term basis as a replacement teacher for a non-probationary teacher, a probationary teacher or a part-time teacher who is absent or otherwise unavailable (no limit on the number of days worked). An itinerant teacher is considered a substitute teacher.
6. Part-time teacher. A teacher who normally works less than four hours per day.
7. New employee. Any person employed for the first time by the slv boces and/or any person re-employed after a resignation, retirement, or termination shall be considered a new employee for purposes of placement on the salary schedules.
The Board shall approve all classifications upon the recommendation of the superintendent.
The term “professional staff” will be used for those employees who must possess teaching or administrative certificates/license issued by state education authorities in order to hold their positions. The term “professional staff” will also apply to employees who must possess a degree and/or specific credentials as required by specific job descriptions.
The following definitions will apply to professional staff:
Program Director: An employee specifically charged with directing a project operated by the SLV BOCS who must have a M.A. or state administrative licensure.
Assistant Director: An employee specifically charged with assisting the Director with administrative duties, i.e. evaluations, budgeting, program responsibility, etc.
Program Coordinator: An employee charged with day-to-day operation/coordination of the program.
Full-Time Personnel: Employees whose regular assignment requires them to work regularly 35 hours or more per week or as established by the Board.
Regular Part-Time Personnel: Employees who work on a regular schedule for less than 35 hours per week.
Part-Time Personnel: Employees who work on an irregular schedule for a short period of time
Support Staff
The term “support staff personnel” will be used for those employees who are not required to possess a degree or specific credential in order to hold their positions.
The following definitions will apply to support staff personnel:
* Full-time personnel: Employees whose regular assignment requires them to work regularly 37 1/2 hours or more per week or as established by the board.
* Regular part-time personnel: Employees who work on a regular schedule for less than 37 1/2 hours per week.
* Part-time personnel in: Employees who work on the irregular schedule for a short period of time.
Paraprofessional Staff
The term “paraprofessional staff personnel” will be used for those employees who are not required to possess a degree or specific credentials in order to hold their positions.
The following definitions will apply to paraprofessionals staff personnel:
* Full-time personnel: Employees whose regular assignment requires them to work regularly 35 hours or more per week or as established by the board.
* Regular part-time personnel: Employees who work on a regular schedule for less than 35 hours per week.
* Part-time personnel: Employees who work on an irregular schedule for a short period of time.
Adopted: February 22, 1995
Revised: September 17, 2003
Recodified: April 19, 2006
LEGAL REFS.: C.R.S. 22-9-103 (1.5) (definition of licensed personnel)
C.R.S. 22-32-109 (1)(f) (board duty to employ personnel)
C.R.S. 22-32-109.7 (specific board duties regarding personnel)
C.R.S. 22-32-110.3 (teacher in residence programs)
C.R.S. 22-60.5-201 (types of teacher licenses)
C.R.S. 22-60.5-201 (3)(b) (licensure reciprocity for out-of-state applicants)
C.R.S. 22-63-103 (definitions in Teacher Employment Act)
C.R.S. 22-63-210(2) (hiring of person in teacher-in-residence program)
C.R.S. 22-63-203 (2)(a)(II) (definition of probationary teacher)
20 U.S.C. 1119 (definition of highly qualified teacher contained in No Child Left Behind Act of 2001)
34 C.F.R. 200.55 (federal regulations regarding highly qualified teachers)
The assignment of staff members and their transfer to positions in various schools and departments of the agency shall be recommended by the director and approved by the board of directors. The following criteria shall serve as guidelines:
1. Contribution which staff member could make to students in a new position.
2. Qualifications of staff member compared to those of outside candidates, both for position to be vacated and for position to be filled.
3. Recommendation and/or approval of the principal(s) involved.
4. Opportunity for the staff member’s professional growth.
5. The wishes of the staff member regarding assignment or transfer.
An employee request for transfer will be granted when ever the best interest of the agency and the schools will be served. When ever a request for transfer is made, it is ethical and desirable in most cases for all parties concerned to discuss the merits of the request in an effort to arrive it at a common understanding. The request for transfer will be submitted to the building principal or program director, the request will be filed with the executive director.
Transfers from one building to another or one grade level to another may be made in order to fit personnel into their proper level. This may be done upon the advice of the building principal or program director and with the agreement of the principal to whom the transfer will be made or upon the recommendation of the supervisor.
The assignment of an employee to specific buildings or positions will not imply permanent assignment to that building or position.
Administrative assignments/transfers
A teacher who holds an administrative position may be assigned to another position for which he or she is qualified if a vacancy exists in such a position and, if so assigned, with a salary corresponding to the position. The Board may consider the years of service accumulated while the teacher was occupying the administrative position when the Board determines where to place the teacher on the salary schedule.
The three school years of continuous employment required for the probationary period is not deemed interrupted if a probationary teacher accepts the position of an administrator. However, the period of time during which a probationary teacher serves in such capacity will not be included in computing the probationary period.
Adopted: February 22, 1995
Revised: August 18, 1999
Recodified: April 19, 2006
LEGAL REFS.: C.R.S. 22-32-126 (3)
C.R.S. 22-63-206
C.R.S. 22-63-203 (2)(b)(IV)
C.R.S. 22-63-206 (2)
Professional Staff
It is recognized that a professional employee does not produce strictly by the hour and, by contract, accepts as remuneration for their services I the overall sum for which the employee has agreed to perform said duties in accordance with the terms and conditions of the contract. However, the administration shall establish definite office hours and holiday calendar which shall clarify their particular service expectations and demands.
Instructional Staff
The following policies shall govern the time schedules of instructional personnel:
1. The work year for regular, full-time instructional employees employed on a school-year basis shall be 177 days. 177 days shall be planned student-teacher contact and instruction days.
If the Board declares a fiscal emergency during the budget year as allowed by state law, it may alter the work year of all employees.
2. Generally, the working day for these employees shall be determined by