Policy GCQC  Resignation of Instructional Staff/Administrative Staff

Issued 12/09
Purpose: To establish the basic structure for the resignation of professional staff members.

Any professional staff member who wants to cancel or terminate a contract must state his/her desire in writing to the superintendent. The district is under no obligation to release a teacher from a contract except as set out below. For such resignation to be effective, it must be accepted in writing by the superintendent.

The board will be formally advised of all resignations. When the superintendent does not accept a resignation and the employee fails to continue to perform his/her contractual duties, the superintendent will report the breach of contract to the board. The board may send a formal complaint to the state board of education requesting that appropriate action be taken against the employee for failure to comply with contractual obligations. If there is conclusive evidence, the state board will take action on a complaint signed by the appropriate administrator; however, there must be documentation that the board voted to send the complaint. Both state law and state board of education regulation provide for suspension or revocation of the professional certificate under such circumstances.

 

Contract releases (teachers)

The board will not release a teacher from his/her contract after June 1 except under one of the following conditions.
• circumstances beyond the teacher's control (ex., military/business transfer of spouse)
• serious illness of teacher

The teacher must submit a request for contract release in writing to the superintendent 30 days prior to the deadline set forth in this policy.

The district reserves the right not to release the teacher if written notice is not given before the date specified above or a suitable replacement has not been found.

Until a teacher has been formally released from his/her contract, the district expects the teacher to report for duty on the first day of the school year or to continue to report for duty if the request for release is made mid-year.

If a teacher signs a new contract without having been properly released from a previous contract, the new contract is considered to be void.

Adopted 5/18/87; Revised 8/26/91, 4/26/93, 5/13/96, 9/22/97, 3/13/00, 12/14/09

Legal references:

S.C. Code of Laws, 1976, as amended:

Section 59-25-150 - State Board of Education may revoke/suspend certificate for just cause.
Section 59-25-160 - "Just cause" for revocation/suspension of certificate by State Board.
Section 59-25-530 - Unprofessional conduct; breach of contract.

 

State Board of Education Regulation:

R-43-206 - Professional personnel resignation.

R-43-58 - Disciplinary action on educator certificates.
R-43-58.1 - Reporting of terminations of certain school district employees.

Policy GCQA/GCQB

Issued 12/09

Purpose: To establish the basic structure for any needed reduction in professional staff.

General statement of policy
Under South Carolina law, the board is responsible for maintaining good public elementary and secondary schools. The board is also responsible for implementing the educational interests of the state. The board's primary consideration is the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the school district. The board recognizes, however, that it may become necessary to eliminate professional staff positions in certain circumstances. Therefore, the board publishes this policy to provide a fair and orderly process should such eliminations become necessary.

The board has the sole and exclusive prerogative to eliminate professional staff positions consistent with the provisions of state statutes. This elimination should not result in a failure in its duty to implement the educational interests of the state and to provide good public elementary and secondary schools.
The board may find it necessary to eliminate professional staff positions because of decreases in student enrollment, changes in curriculum, financial exigency or other circumstances as determined by the board.

Definitions (as used in this policy)
• "Days" means calendar days.
• "Teacher" or "professional staff" means any employee of the district who holds a certificate issued by the South Carolina State Department of Education and who is employed in a teaching or administrative position below the rank of superintendent.
• "Financial exigency" means any significant decline in the district's financial resources that is brought about by the decline in enrollment or by other actions or events that compel a reduction in the school's current operations budget.
• "Change in curriculum" means any elimination, curtailment or reorganization of curriculum offering, program or school operation or a reorganization or consolidation of two or more individual schools that is unrelated to financial exigency.

• Before it begins action to not renew professional staff contracts under this procedure, the board will consider its ability to eliminate positions and/or reduce staff by any of the following.
- voluntary retirement
- voluntary resignation
- transfer of existing staff members
- voluntary leaves of absence
- salary reductions
- part-time employment
• In the event further reduction is required, the board will adhere to the following guidelines.
- Reduction in force (RIF) will be on a districtwide basis. Therefore, the superintendent is not limited to considering for RIF termination only those professional staff members in a particular school, area or program in which the loss of enrollment, program curriculum or financial exigency has occurred.
- Once the board (after consulting with the superintendent) has determined that a reason exists which requires an elimination of professional staff positions, the superintendent will, after considering the possibilities set forth above, determine which positions must be eliminated. The superintendent will present his/her recommendations to the board for approval.
- Once the board had approved the elimination of the specified positions or changes to be made in programs, the superintendent will use specified criteria to select those professional staff members who are to be considered for nonrenewal. The superintendent will make a recommendation to the board based on the application of the following criteria, but not necessarily in this order.
-- certification (areas and type)
-- degrees earned
-- professional experience in other areas which may be available
-- total years of professional experience in the district
-- total years of teaching experience
-- qualifications and ability as determined by the district evaluation procedure
-- performance evaluation
-- attendance record
-- principal/supervisor's recommendation
-- type of contract
-- extracurricular needs of the schools
Length of service in the district will be a consideration only where the need arises to choose for termination from among employees considered by the administration to be equally competent in their performance.

If, after considering the superintendent's recommendation, the board acts to terminate employment of a professional staff member, the board will give written notice of that decision to the affected member. The superintendent will send the written notice by certified mail, return receipt requested. The notice will include a statement of the conditions requiring termination of employment and a general description of the procedures followed in making the decision.
The district will assume that the staff member's address as it appears on the school district record is the correct address. It is the staff member's responsibility to see that the district has his/her current address on file.

A professional staff member may request a review of the board action, provided such request is made within 10 calendar days after his/her receipt of the notice of termination. The only purpose of the review will be to determine whether the decision to terminate was arbitrary or capricious or generated by ill will, fraud, collusion or other such motives with respect to that individual.
The request for review must be in writing and addressed to the chairman of the board. The request must clearly state the grounds on which the staff member contends the decision was arbitrary or capricious or generated by ill will, fraud, collusion or other such motives. The request must include a short, plain statement of facts to support the contention.
The board will hold a hearing within 30 calendar days after they receive the request. The board will give the staff member at least five days' notice of the hearing.
The board will conduct the hearing informally, in public or in private as the staff member may wish. The staff member and the superintendent may each be accompanied by legal counsel. The board will consider only the evidence that is presented at the hearing. The board will only consider the evidence that it considers fair and reliable. The board members, staff member and superintendent may question all witnesses.
Except as herein provided, the chairman of the board will control the hearing.
The hearing will begin with the staff member's presentation of contentions. This presentation will be limited to those grounds specified in the request for a hearing and supported by such proof as he/she desires to offer.
When the staff member concludes his/her presentation, the board will consider whether the proof offered in support of the contention establishes the contention. This consideration will take place in executive session.
If the board determines that the contention has not been established, it will notify the parties and conclude the hearing. This action finally determines the decision to terminate.
If the board determines that rebuttal is desirable, it will notify the parties and the hearing will proceed. The superintendent may then present, in rebuttal of the staff member's contention or in general support of the decision to terminate, such testimony or documentary proof as he/she desires to offer, including his/her own testimony.
After the superintendent completes his/her presentation, the board will consider the matter in executive session. The burden is on the staff member to satisfy the board by clear and convincing evidence that the decision to terminate was arbitrary or capricious, or generated by ill will, fraud, collusion or other such motives.
If the board determines that the staff member did not establish his/her contention, it will, by a simple unelaborated statement, so notify the staff member and the superintendent. Such a determination finally confirms the decision to terminate. The employee will be notified within 10 days following the hearing of the board's decision. If the board determines that the professional staff member's contention has been established, it will inform the staff member and the superintendent by a written notice that states what corrective action must be taken.

For two years after the effective date of a termination pursuant to this policy, the board will not replace the professional staff member whose employment has been terminated without first offering the position to the terminated professional staff. The board will make the offer by certified mail, return receipt requested. The board will notify the professional staff member that he/she must submit written acceptance within 15 calendar days. Failure to make written acceptance within 15 calendar days or rejection of the position eliminates all re-employment rights of the professional staff member.
If the professional staff member is recalled within one year, the district will restore all of the sick leave and unused personal leave he/she had accrued on the effective date of the layoff.
If the professional staff whose employment has been terminated requests assistance, the school district will give him/her reasonable assistance in finding other employment.

This RIF procedure is the only procedure that may be used in a reduction in force.
Any existing procedure for reconsidering or examining an employee discharge, non-reappointment or grievance is not available for considering an issue that arises from a reduction in force. Similarly, no other personnel action other than a reduction in force may be considered under this RIF procedure.
Adopted 11/23/81; Revised 5/18/87, 5/13/96, 9/22/97, 12/14/09
Legal references:
S.C. Code, 1976, as amended:
Section 59-25-415 - Rehiring of employees terminated for economic reasons.

Policy GCQF Discipline, Suspension and Dismissal of Professional Staff
Issued 12/09
Purpose: To establish the basic structure for discipline, suspension, and dismissal of professional staff in order to ensure accountability for due process as well as a quality educational program.

It is the responsibility of the school administration to operate the public schools in a manner that will maintain a broad community confidence in and support of the public schools. In the absence of such support, the district cannot maintain a strong, effective public education program.

Therefore, it is the policy of the board to remove from employment any professional staff member who fails or who may be incompetent to give instruction in accordance with the directions of the superintendent or who otherwise manifests an evident unfitness for teaching. The principal should be actively involved in this process for the school.

Any action of the district under this policy will be taken pursuant to the provisions of the Teacher Employment and Dismissal Act, Section 59-25-410, et seq., Code of Laws of South Carolina 1976, as amended except for persons employed under an induction contract or an annual contract as defined in state law.

Cf. GBEBB

Adopted 9/23/74; Revised 8/25/75, 1/13/86, 5/13/96, 9/22/97, 10/6/04, 12/14/09

 

Legal references:

S.C. Code of Laws 1976, as amended:

Section 59-18-1300 - District accountability system.

Section 59-25-60 - Revocation or suspension of certificate; "just cause" defined.

Section 59-25-410, et. seq. - Teacher Employment and Dismissal Act.

Section 59-26-40 - Induction, annual, provisional and continuing contracts; termination of employment for annual contract teachers; hearing.

State Board of Education Regulations:

R-43-58 - Disciplinary action on educator certificates.

R-43-58.1 - Reporting terminations of certain district employees.

Policy GDQD Discipline, Suspension and Dismissal of Support Staff
Issued 12/09
Purpose: To establish the basic structure for the discipline, suspension and dismissal of support staff.

It will be the policy of this district to discipline and/or dismiss support staff whenever good and sufficient reasons for doing so present themselves. Accordingly, the board authorizes the superintendent or his/her designee to carry out such activities.

As appropriate, the administration is authorized to place an employee on administrative leave, with or without full pay and benefits, while any necessary inquiry is conducted.

With respect to dismissal, such actions will be based on the recommendation of the employee's principal or immediate supervisor and will occur following a pre-termination opportunity before the superintendent or his/her designee. At such a conference, the employee may present reasons why the recommendation of dismissal should not be accepted by the superintendent or his/her designee.

Should the superintendent or his/her designee decide to dismiss the employee, the notice will be in writing.

Immediate termination

Grounds for immediate dismissal would include, but not be limited to, the following.
• persistent neglect of duty
• willful violation of rules and regulations of the board
• drunkenness
• conviction of a violation of the laws of this state or the United States
• gross immorality
• dishonesty
• illegal use, sale or possession of drugs or narcotics
• violation of safety procedures and guidelines
• unsatisfactory SLED report, as determined by the superintendent or his/her designee
• other acts of serious misconduct as determined by the administration

To appeal a dismissal determination, the employee may request a hearing before the board. The request must be made in writing within seven calendar days from the date on the official dismissal notice and should be addressed to the superintendent. The employee's appeal request should include the basis upon which he/she believes the dismissal decision to have been improper or unjustified.

After receipt of a written appeal, at a subsequent board meeting, the superintendent will present the employee's request to the board along with any documentation and correspondence related to the administration's dismissal action. The board will decide whether or not to grant the employee's request for a hearing and the employee will be notified of the board's decision within 10 business days.

If a board hearing is conducted, the hearing will be informal and non-adversarial. The hearing will be held in executive session within 30 days of the board's decision to conduct a hearing and the employee will be notified of the place and time for the hearing, as well as the format to be followed. The board's decision following the hearing will be communicated to the employee in writing.

Adopted 9/22/97; Revised 11/28/05, 12/14/09

Legal references:

S.C. Code of Laws 1976, as amended:

Section 59-18-1300 - District accountability system.

Policy GBGD Workers' Compensation
Issued 12/09
Purpose: To establish the basic structure for employee assistance through workers' compensation insurance.

The board of trustees provides workers' compensation insurance coverage through the South Carolina School Boards Insurance Trust for all district employees. Volunteers who are not employees are exceptions to this policy.

The South Carolina Workers' Compensation Law is designed to provide medical and monetary benefits for an employee who sustains an accidental injury arising out of and in the course of his/her employment. The law provides medical care to bring about the earliest possible recovery from the injury, a percentage of wages and salary lost during the injured employee's disability, and, in case of death, compensation for the deceased employee's dependents.

Under the Workers' Compensation Law it is the responsibility of the school district to provide medical treatment for employees injured on the job. School employees must use those providers specified by the employer. Designation of medical treatment providers will be made by the school district in consultation with and upon the recommendation of the workers' compensation insurance carrier. The refusal of an employee to accept any medical, hospital, surgical or other treatment when provided by the employer will bar such employee from further compensation until such refusal ceases unless, in the opinion of the South Carolina Workers' Compensation Commission, the circumstances justified the refusal.

When an employee is absent from work as a result of accidental injury arising out of and in the course of his/her employment, available sick leave and annual leave and workers' compensation benefits can be coordinated to the extent that such leave and benefits are available.

Every injured employee or his/her representative will immediately, on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to his/her principal or immediate supervisor and to the district office a notice of the accident.

 

Adopted 9/22/97; Revised 12/14/09

Legal references:

S.C. Code, 1976, as amended:

Section 42-1-10 et seq. - The South Carolina Workers' Compensation Law.

Policy GCC Professional Staff Leaves and Absences
Issued 12/09
Purpose: To establish the basic structure for all types of professional staff leaves and absences.


The continuous presence of employees promotes excellence in the instructional program by ensuring the following.
• uninterrupted continuity of education
• greater teacher-student contact time
• appropriate role-model emulation
• consistent classroom discipline
• reduced cost

Therefore, the board expects employees to come to work every day. The board recognizes, however, that certain absences are unavoidable. At such times, employees should take leave in accordance with this policy and its accompanying administrative rule.

Absent employees must comply with procedures set out in the administrative rule that accompanies this policy.

 

Accrual of sick leave

All full-time employees of the district will accrue sick leave on the basis of one and one-fourth days of sick leave for each month of active service. This will provide 12 days for nine months (190 days), 13 days for 10 months (210 days), 14 days for 11 months (220 days) and 15 days for 12 months (240 days). An employee may accumulate up to 90 days of sick leave that is accrued but not used provided that such employee does not violate his/her respective contract.

For the purposes of this policy, a full-time employee will mean any person employed in a position for which certification is required by the South Carolina State Department of Education or a person who has been employed in the school district for five months and works at least 30 hours per week.

 

An employee may use sick leave for absences caused by personal illness.

Use of accrued leave for illness or death in the immediate family

Accrued sick leave days, up to a maximum of 90 days, may be used for serious illness in the employee's immediate family or for the death of a member in the employee's immediate family that requires the employee to provide care. An employee who anticipates requiring extended leave to provide care for a family member should submit a written request on the appropriate district form to their supervisor as far in advance as possible. The request for extended leave for this purpose must include a statement from a licensed medical doctor giving the expected time the employee will be needed to provide care for a family member. The request must be approved by the superintendent or his/her designee. The term "immediate family" includes the following.

• spouse
• son, son-in-law, stepson
• daughter, daughter-in-law, stepdaughter
• mother, mother-in-law, stepmother
• father, father-in-law, stepfather
• brother, brother-in-law, stepbrother
• sister, sister-in-law, stepsister
• grandparents
• grandchildren
• guardian and ward or other relative living in the household at the time of illness

 

When the employee makes a request in writing, the superintendent may grant an employee leave without pay for personal illness following the exhaustion of all accrued sick leave. Leave with and without pay will not exceed 91 work days in any school year and is not to extend beyond the immediate school year.

The district will assign an employee who returns to work the same or similar duties that he/she performed prior to going on leave, if such assignment is in the best interest of the district. If the administration does not consider it to be in the best interest of the district to assign the employee to the position he/she had prior to going on leave or to a similar position, the district will offer the employee a position for which he/she is qualified. The district will place the employee on the payroll at his/her pre-leave salary status.

 

Termination

The district may terminate the employment of any employee who fails to comply with the requirements of this policy and accompanying administrative rule, who fails to report to work at the expiration of authorized leave or who fails to obtain an extension of leave.

An employee is subject to termination from employment with the district for misstatements of fact and/or misrepresentations of purpose for which leave of absence is desired or on the basis of which sick leave is obtained.

The district will not terminate from employment those employees under this policy who have accrued sick leave and who are using it in compliance with this policy. The district will not terminate from employment any such employee during a continuing sick leave of less than 91 work days.

Transfer of sick leave

An employee of a state agency transferring to any school district in the state or a school district employee transferring to a state agency may transfer to and retain all sick leave he/she accumulated at his/her former place of employment.

Family and Medical Leave Act (FMLA)

The board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA). Eligible employees are entitled to up to 12 workweeks of unpaid family and medical leave in any 12-month period. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. The district will continue to pay the district's share of the employee's health benefits during the leave. In addition, the district will restore the employee to the employee's original position or to an equivalent position with equivalent pay, benefits and other terms of employment after the termination of the leave in accordance with board policy.

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

For further information, please refer to administrative rule GCC-R.

Organ donor leave

 

Employees may take a leave of absence to be an organ donor without loss of pay, time, leave or efficiency rating for one or more periods not exceeding a total of 30 workdays in one fiscal year. Saturdays, Sundays and state holidays may not be included in this 30 days unless the Saturday, Sunday or holiday is a regularly scheduled workday for the employee.

 

An employee seeking leave to be an organ donor must forward a written request, including the appropriate documentation from the attending physician verifying that the employee is the donor, to the superintendent no later than three days prior to the leave.

Personal/Emergency/Legal /Bereavement leave

Personal leave

All employees may use a maximum of two sick leave days per year for personal leave. This leave is not cumulative and should be used for personal matters that cannot be attended to on non-school days or after school hours.

 

A request for personal leave must be submitted to the employee's principal or immediate supervisor using a leave form available at each school and at the district office. Personal leave requests should be presented at least two working days in advance. A partial day for personal leave will not be allowed.

Personal leave will generally not be granted during the first five days and the last five days of student attendance during the school year, on staff development days or the day before or immediately after a holiday.

Emergency leave

For emergencies and unusual situations not covered by the leave policies of the district, an employee may request the superintendent's authorization for use of sick leave days. The employee must submit the request in writing through the principal or supervisor to the superintendent.

Legal absence

The district will grant employees leave without loss of pay when they are summoned for jury duty or subpoenaed. The district will not require employees to pay to the district the amount received for jury duty compensation. If an employee must appear in court for any reason other than the above, the district will deduct substitute pay from his/her salary. Whenever a prospective juror is dismissed before the end of the working day, he/she will return to his/her official duties.

Bereavement leave

Three bereavement leave days will be granted to all employees for death in the immediate family.

• spouse
• son, son-in-law, stepson
• daughter, daughter-in-law, stepdaughter
• mother, mother-in-law, stepmother
• father, father-in-law, stepfather
• sister, sister-in-law, stepsister
• brother, brother-in-law, stepbrother
• grandparents
• grandchildren
• guardian and ward or other relative living in the household at the time of death

An employee may use sick leave days or earned vacation days for additional days associated with the death of a member of his/her immediate family as defined in this policy. The employee must inform his/her immediate supervisor of the number of days the employee expects to be absent.

 

The superintendent or his/her designee may require a statement from a medical doctor or other acceptable proof that the employee could not fulfill obligations and duties.

Maternity/Paternity leave

A pregnant employee is eligible for extended illness leave. While on leave, she may receive pay for accumulated sick leave as provided herein. Employees should inform their immediate supervisor of their pregnancy as soon as it is known regardless of whether leave will be requested. If the employee does request leave, she should submit the request in writing on district forms at least 30 calendar days prior to the effective date of the leave. A statement from a licensed medical doctor giving the expected delivery date should accompany the leave request.

The district expects an employee who has been on maternity leave to return to work at the end of six weeks following delivery. When returning, the employee must present a statement from the attending physician certifying her ability to return to a normal work schedule.

 

Employees may take military leave without loss of pay, seniority or efficiency rating for one or more periods not exceeding a total of 15 workdays in one year. Saturdays, Sundays and state holidays may not be included in this 15 days unless the Saturday, Sunday or holiday is a regularly scheduled work day for the employee.

 

This leave may be taken when the employee is engaged in training or other duties ordered by the governor, the department of defense, the department of the army, the department of the air force, the department of the navy, the department of the treasury, or any other department or agency of the government of the United States having authority to issue lawful orders requiring military service. This leave applies to employees who are either enlisted or commissioned members of the South Carolina National Guard, the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve or the United States Coast Guard Reserve.

In the event an employee is called upon to serve during an emergency, he/she will be entitled to such leave of absence with pay for a period not exceeding 30 additional days.

The board expects employees to request their training for a period when school is not in session.

An employee seeking leave for annual active duty training must forward a written request, including the appropriate verifying data, to the superintendent.

An extended military leave of absence for a member of the armed forces of the United States will be granted pursuant to federal and state law, so long as the requirements and regulations of the armed forces prevents the employee's return to civil employment.

Periods of absence due to military active duty which extend beyond the period of paid military leave provided by state or federal law are to be treated as unpaid leaves of absence. Nothing in this policy, however, should be construed to prevent an employee from electing to use other accrued leave, excluding sick leave, once their paid leave has been exhausted. All employees called to military active duty are subject to state and federal law governing leave, reemployment and other rights of the national guardsmen and reservists.

Reimbursement for accumulated sick leave under Teacher and Employee Retention Incentive Program (TERI)

The district will reimburse employees under TERI for unused sick leave at the time of separation from the district. The district will pay the employee for one half of his/her accumulated sick leave days at the rate of $50 per day at the time of separation from the district. A separate check will be issued in the next scheduled payroll, after the employee's separation from the district.

Conferences/Training workshops

The board believes that it is desirable to provide professional leave for teachers in order to attract and retain faculty who will continue to grow in the area of certification and enhance their service to the public schools of the district.

The district may grant temporary leave to an employee for the purpose of attending activities designed to improve employee competency or to improve the instructional or service programs of the district.

The superintendent may authorize professional leave for attending state, regional and national meetings, workshops and conferences (including observing in other schools) without pay deduction. The employee must apply for prior approval through his/her supervisor.

The superintendent will determine the number of absences allowable for professional leave. Absences will also be subject to budget limitations for employing substitutes and reimbursement for travel, meals and lodging.

The district prohibits leave in excess of five consecutive days unless expressly approved by the board.

Sabbaticals

The district will grant leave for all or a portion of the school year only in unusual cases determined to be in the best interest of the district. A staff member who has completed a minimum of three years of service to the district and who receives a scholarship or fellowship which defrays a major portion of the cost of study may be granted leave without pay upon the recommendation of the principal and the superintendent. No more than two percent of the staff may be on leave at any one time.

Employees granted sabbatical leave must return to the district for at least one year of service.

Adopted 5/18/87; Revised 6/15/87, 2/29/88, 1/9/95, 5/13/96, 9/22/97, 7/27/98, 5/13/02, 7/15/02, 5/24/04, 10/6/04, 1/14/08, 12/14/09

Legal references:
United States Code:
P.L.103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of 1993.

Title 38 U.S. Code, Chapter 43, Sections 4301-4333, Public Law 103-353 - The Uniformed Services Employment and Reemployment Act of 1994 (USERRA).

S.C. Code, 1976, as amended:

Section 8-7-20 - Requires granting of military leave, without pay, up to five years.
Section 8-7-90 - Requires 15 days per year of leave with pay for members of National Guard and Reserve Units of the various Armed Forces. Also grants an additional 30 days of leave with pay in emergency situations.
Section 8-11-65 - Organ donor leave.
Section 9-1-2210 - Teacher and Employee Retention Incentive Program.
Section 14-1-190 - Compensation received for jury duty deemed to be expense money.
Section 14-7-845 - Relating to optional postponement of jury service for students and employees.
Section 25-1-2250 - Employees entitled to leave with pay when serving in National Guard.
Section 59-1-400 - Sick leave for public school district employees.

Issued 10/10 

 

Support employees will receive the same experience credit as certified employees as long as their experience matches the job they are employed in. This is to be determined by the department supervisor, superintendent or his/her designee.

During the first six months of employment, the employee with no conversion leave may borrow up to one week of annual leave for emergencies or extenuating circumstances with the approval of the immediate supervisor and superintendent or his/her designee. This may include days when all of the district and school offices are closed during a designated period by the superintendent (such as the first week of July).

This one week is included in the weeks to be earned at the end of the work year. If an employee leaves the district before completing the year, his/her final pay will be reduced by the number of days borrowed.

Vacations

Employees will be encouraged to take set vacation days, such as the days on the school calendar when the schools are closed and 240-day employees are scheduled to work (example: Wednesday before Thanksgiving, Good Friday and workdays scheduled during the Christmas Break) and any other days designated by the superintendent.

Custodial and maintenance staff employed on a full-time/full-year basis (12 months/240 days) may be required to work during scheduled holidays when students are not in school and must have their leave approved by the department head or designee.

Employees will not be permitted to take annual leave during the following blackout periods.

• seven days after the closing of school
• the week before school opens
• 10 days after the opening of school

Any annual leave taken during the district's summer schedule (four-day workweek) will be equal to 1.25 days of annual leave.

Leave requests for annual leave must be submitted and approved at least 10 days prior to the leave. The supervisor has the right to approve or deny leave requests based upon the needs of the district. Copies of annual leave requests should be forwarded to the superintendent.

Voluntary termination of employment by resignation, retirement or completion of the TERI Program terminates benefits. Return to employment will be as a new employee. If termination is a result of a reduction in force or reorganization, return to employment within 90 workdays will restore benefits held at the time of termination.

Employees may accumulate a maximum of 45 days of unused annual leave.

Annual leave payout

Earned annual leave will be paid at the employee's daily rate at the time of separation from the district [i.e., resignation, retirement under the state retirement system, including those who exit the Teacher and Employee Retention Incentive Program (TERI) or to the estate of the deceased employee]. There will be a 45-day maximum allowance for annual leave pay.

No employee will receive payment for more than 45 days of accumulated annual leave from the district during his/her lifetime. If an employee leaving the district receives pay for 45 annual leave days, and then later returns to work for the district, he/she may continue to accrue vacation days pursuant to district policy. However, the employee will receive no additional payment for vacation days not used during the employee's subsequent employment. Similarly, if an employee resigns from the district to accept a position with another employer, receives payment for 30 days of annual leave, and then returns to work for the district at a later date, the employee would be eligible to receive payment for up to an additional 15 days (30 days paid leave + 15 days additional paid leave = 45 days total paid leave/maximum allowance).

Retirees/TERI participants

Retired employees formally employed with the district who are rehired to work under a letter of agreement (or at-will basis) will begin their employment with no vacation leave. A retired employee in such a position will earn vacation leave consistent with the leave for the position.

However, retired employees will not be eligible to carry over unused vacation days into a subsequent school year.

A retiree may request an advancement of up to five days of vacation leave not to exceed the maximum number of days allowed for the year. This request must be submitted to the superintendent or his/her designee 10 days in advance of the requested leave.

Holidays
New Year's Day
Martin Luther King Day
Spring Break
Memorial Day
Independence Day
Labor Day
General Election Day
Veteran's Day
Thanksgiving Day
Christmas Break

All employees have at least 20 days unpaid holidays.

Administrative and support personnel who are 12-month employees will observe the school calendar holidays.
Adopted 8/25/75; Revised 5/22/89, 10/11/93, 5/22/95, 5/13/96, 9/22/97, 4/24/00, 12/13/04, 10/25/10

Policy GCC-R Professional Staff Leaves and Absences
Issued 12/09
Procedures regarding absences

An absent employee must furnish a signed statement setting forth the specific reason(s) for his/her absence. The statement must be turned in to the employee's supervisor within two days after the employee returns to work.

An employee will notify his/her immediate supervisor as early as practicable when it is necessary for him/her to be absent. When an employee knows that he/she will be absent for a period longer than five days, he/she should complete and file a request for leave of absence.

An employee who anticipates taking an extended leave of absence should submit the request for leave to his/her supervisor at least 30 calendar days prior to the effective date of the leave. The leave request must include a statement from a licensed medical doctor giving the expected delivery date or stating the anticipated length of convalescence.

Any employee returning from an extended leave of absence must present a statement from the attending physician certifying the employee's ability to return to a normal work schedule.

When the employee makes a request in writing, the superintendent may grant an employee leave without pay for personal illness following the exhaustion of all accrued sick leave. Leave with and without pay will not exceed 91 work days in any school year and is not to extend beyond the immediate school year.

Verification and use of sick leave

The use of sick leave may be subject to verification. Specifically, the district reserves the right to require that an employee submit a doctor's statement verifying an illness along with an absence report form when the employee has been on sick leave for more than three consecutive working days. The building principal or employee's immediate supervisor has the discretion to request such a statement.

If an employee's use of sick leave forms a pattern and abuse is suspected, the principal/ supervisor may also require a doctor's statement.

In order for the district to provide for the continuity of the educational programs and plan for adequate substitutes, an employee who is absent for more than 10 continuous work days must provide a physician's statement of diagnosis and prognosis so that the district may determine the earliest possible date of return. The employee's immediate supervisor will notify him/her in writing that he/she must provide the physician's statement.

If the employee does not provide the physician's statement within five workdays following the written notification, the district may terminate his/her employment.

Family and Medical Leave Act (FMLA)

The following administrative rules apply only to the Family and Medical Leave Act.

Eligibility
An employee who has worked for the district for at least 12 months is eligible for 12 work weeks of FMLA leave during a 12-month period provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.

For purposes of FMLA leave, a 12-month period is the district's fiscal year, July 1 through June 30.

The 12 months of employment need not be consecutive months.

Types of leave
An eligible employee may take FMLA leave for any of the following.
• birth and first-year care of a child
• adoption or foster placement of a child
• serious illness of an employee's spouse, parent or child
• employee's own serious health condition that keeps the employee from performing the essential functions of his/her job
• a family member (spouse, son, daughter or parent) is on active duty or has been called to active duty for any "exigency situation" as defined in federal regulation

However, an eligible employee who is the spouse, son, daughter, parent or next of kin (nearest blood relative of the individual) of a covered servicemember is entitled to a total of 26 workweeks of leave in a single 12-month period to care for the servicemember with a serious illness or injury incurred in the line of duty on active duty. Leave under this paragraph is available only during a single year. During that year, the employee is entitled to a combined total of 26 workweeks of leave under this policy.

A serious health condition is one involving continuous treatment by a healthcare provider that results in a period of incapacity of more than three consecutive calendar days and involves visits to a health care provider and/or extensive treatment. Such conditions as asthma and diabetes are included in this definition.

FMLA leave is unpaid. However, an employee may elect, or the district may require, an employee to use accrued paid vacation, personal, family or medical or sick leave as offered by the district, concurrent with any FMLA leave. All forms of paid leave offered by the district will be treated the same, regardless of the type of leave substituted. An employee cannot compel the district to permit the employee to use accrued medical/sick leave in any situation under which the leave could not normally be used.

Spouses employed by the school district

A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 12 workweeks of leave per year when the leave is taken for the birth, foster placement or adoption of a child or to care for the child after birth, foster placement or adoption or to care for a parent with a serious health condition.

A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 26 workweeks of leave per year if the leave is taken for the birth, foster placement or adoption of a child or to care for the child after birth, adoption or foster placement, or to care for the employee's parent with a serious health condition, or to care for a covered servicemember with a serious illness or injury.

Intermittent and reduced leave

 

Intermittent leave is leave taken in separate blocks of time due to a single illness or injury.

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

Intermittent or reduced leave is available only for the employee's own serious health condition or to care for a seriously ill spouse, child or parent or for a serious injury or illness of a covered servicemember which requires treatment by a health care provider periodically, rather than for one continuous period of time. Such leave may not be used for the birth or adoption/placement of a child.

The employee who wishes to use intermittent or reduced leave must have the prior approval of the district. Although the district and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule. The district may provide such leave for medical leave, but the district may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave. The employee must furnish the district with the expected dates of the planned medical treatment and the duration of the treatment. The superintendent must authorize such leave in writing.

Benefits

The district will maintain the employee's health coverage under the district's group health insurance plan during the period of FMLA leave. The employee should make arrangements with the district to pay the employee's share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave.

Increases in premiums or deductibles that apply to active employees also apply to employees on FMLA leave. An employer may drop coverage for an employee whose premium payment is late only after providing written notice to the employee that the payment has not been received. This notice must be mailed to the employee at least 15 days before coverage is to end and will advise that coverage will be dropped 15 days after the date of the letter unless payment has been received.

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

Notice

When the FMLA leave is foreseeable, the employee must notify the district of his/her request for leave at least 30 days prior to the date when the leave is to begin. If the leave is not foreseeable, the employee must give notice as early as is practical. When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the district's operations.

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

Designation of leave as FMLA leave

The district must designate the leave as paid or unpaid FMLA leave within five business days of learning that a FMLA reason supports the leave. The district must also provide other written information concerning the employee's rights and obligations under FMLA. If the district does not make the designation on time or provide appropriate information, the absence will not count against the employee's FMLA entitlement.

Certification

The district may require the employee to provide certification from a healthcare provider containing specific information required under the law if he/she requests a medical leave. If there is a question concerning the validity of such certification, a second and if necessary, a third opinion can be required, both at the expense of the district.

Upon the employee's return to work, the district will require that the employee present a fitness statement from the employee's healthcare provider certifying that the employee is able to return to work.

Restoration

When the employee returns from leave, the district will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment in accordance with board policy. The employee's right to return to the same or an equivalent position is contingent upon the employee's continued ability to perform all the essential functions of the job. An equivalent position is one that is the same or substantially similar in duties, responsibilities, conditions, privileges and status as the original position.

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

Instructional employees

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

Limitations apply to instructional employees who take intermittent or reduced leave. If the leave requested is to care for a family member or for the employee's own serious health condition or leave to care for a covered servicemember and the leave is foreseeable based on planned medical treatment and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, then the district may require the employee to choose one of the following.

• Take the leave for a period or periods of a particular duration, not greater than the duration of the planned treatment.

• Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.

Employees taking leave which constitutes 20 percent or less of the working days during the leave period would not be subject to transfer to an alternative position.

Limitations also apply to instructional employees who take leave near the end of a semester. When an instructional employee begins leave more than five weeks before the end of a semester, the district may require the employee to continue taking leave until the end of the semester under these conditions.

• The leave will last at least three weeks.
• The employee would return to work during the three-week period before the end of the semester.

 

When an instructional employee begins leave for a purpose other than the employee's own serious health condition during the five-week period before the end of the semester, the district may require the employee to continue taking leave until the end of the semester under these conditions.

• The leave will last more than two weeks.
• The employee would return to work during the two-week period before the end of the semester.

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

Leave taken for a period that ends with the school year and begins the next semester is leave taken consecutively, rather than intermittently. Summer and other vacations may not be counted against an employee's FMLA leave entitlement. An instructional employee on FMLA leave at the end of the school year must receive normal benefits over the summer vacation.

Failure to return

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

Issued 11/12/84; Revised 6/15/87, 2/29/88, 1/9/95, 5/13/96, 9/22/97, 7/27/98, 5/29/02, 10/6/04, 12/14/09

GDC-R Support Staff Leaves and Absences
Issued 12/09
Procedures regarding absences

An absent employee must furnish a signed statement setting forth the specific reason(s) for his/her absence. The statement must be turned in to the employee's supervisor within two days after the employee returns to work.

An employee will notify his/her immediate supervisor as early as practicable when it is necessary for him/her to be absent. When an employee knows that he/she will be absent for a period longer than five days, he/she should complete and file a request for leave of absence.

An employee who anticipates taking an extended leave of absence should submit the request for leave to his/her supervisor at least 30 calendar days prior to the effective date of the leave. The leave request must include a statement from a licensed medical doctor giving the expected delivery date or stating the anticipated length of convalescence.

Any employee returning from an extended leave of absence must present a statement from the attending physician certifying the employee's ability to return to a normal work schedule.

When the employee makes a request in writing, the superintendent may grant an employee leave without pay for personal illness following the exhaustion of all accrued sick leave. Leave with and without pay will not exceed 91 work days in any school year and is not to extend beyond the immediate school year.

Verification and use of sick leave

The use of sick leave may be subject to verification. Specifically, the district reserves the right to require that an employee submit a doctor's statement verifying an illness along with an absence report form when the employee has been on sick leave for more than three consecutive working days. The building principal or employee's immediate supervisor has the discretion to request such a statement.

If an employee's use of sick leave forms a pattern and abuse is suspected, the principal/ supervisor may also require a doctor's statement.

In order for the district to provide for the continuity of the educational programs and plan for adequate substitutes, an employee who is absent for more than 10 continuous work days must provide a physician's statement of diagnosis and prognosis so that the district may determine the earliest possible date of return. The employee's immediate supervisor will notify him/her in writing that he/she must provide the physician's statement.

If the employee does not provide the physician's statement within five workdays following the written notification, the district may terminate his/her employment.

Family and Medical Leave Act (FMLA)

The following administrative rules apply only to the Family and Medical Leave Act.

Eligibility

An employee who has worked for the district for at least 12 months is eligible for 12 work weeks of FMLA leave during a 12-month period provided the employee worked at least 1,250 hours in the 12 months preceding the beginning of the leave. FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered servicemember during a single 12-month period.

For purposes of FMLA leave, a 12-month period is the district's fiscal year, July 1 through June 30.

The 12 months of employment need not be consecutive months.
Types of leave

An eligible employee may take FMLA leave for any of the following.
• birth and first-year care of a child
• adoption or foster placement of a child
• serious illness of an employee's spouse, parent or child
• employee's own serious health condition that keeps the employee from performing the essential functions of his/her job
• a family member (spouse, son, daughter or parent) is on active duty or has been called to active duty for any "exigency situation" as defined in federal regulation

However, an eligible employee who is the spouse, son, daughter, parent or next of kin (nearest blood relative of the individual) of a covered servicemember is entitled to a total of 26 workweeks of leave in a single 12-month period to care for the servicemember with a serious illness or injury incurred in the line of duty on active duty. Leave under this paragraph is available only during a single year. During that year, the employee is entitled to a combined total of 26 workweeks of leave under this policy.

A serious health condition is one involving continuous treatment by a healthcare provider that results in a period of incapacity of more than three consecutive calendar days and involves visits to a health care provider and/or extensive treatment. Such conditions as asthma and diabetes are included in this definition.

FMLA leave is unpaid. However, an employee may elect, or the district may require, an employee to use accrued paid vacation, personal, family or medical or sick leave as offered by the district, concurrent with any FMLA leave. All forms of paid leave offered by the district will be treated the same, regardless of the type of leave substituted. An employee cannot compel the district to permit the employee to use accrued medical/sick leave in any situation under which the leave could not normally be used.

Spouses employed by the school district

A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 12 workweeks of leave per year when the leave is taken for the birth, foster placement or adoption of a child or to care for the child after birth, foster placement or adoption or to care for a parent with a serious health condition.

A husband and wife who are both eligible for family and medical leave and are employed by the district may be granted family and medical leave only for a combined total of 26 workweeks of leave per year if the leave is taken for the birth, foster placement or adoption of a child or to care for the child after birth, adoption or foster placement, or to care for the employee's parent with a serious health condition, or to care for a covered servicemember with a serious illness or injury.

Intermittent and reduced leave

 

Intermittent leave is leave taken in separate blocks of time due to a single illness or injury.

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

Intermittent or reduced leave is available only for the employee's own serious health condition or to care for a seriously ill spouse, child or parent or for a serious injury or illness of a covered servicemember which requires treatment by a health care provider periodically, rather than for one continuous period of time. Such leave may not be used for the birth or adoption/placement of a child.

The employee who wishes to use intermittent or reduced leave must have the prior approval of the district. Although the district and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule. The district may provide such leave for medical leave, but the district may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave. The employee must furnish the district with the expected dates of the planned medical treatment and the duration of the treatment. The superintendent must authorize such leave in writing.

Benefits

The district will maintain the employee's health coverage under the district's group health insurance plan during the period of FMLA leave. The employee should make arrangements with the district to pay the employee's share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave.

Increases in premiums or deductibles that apply to active employees also apply to employees on FMLA leave. An employer may drop coverage for an employee whose premium payment is late only after providing written notice to the employee that the payment has not been received. This notice must be mailed to the employee at least 15 days before coverage is to end and will advise that coverage will be dropped 15 days after the date of the letter unless payment has been received.

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

Notice

When the FMLA leave is foreseeable, the employee must notify the district of his/her request for leave at least 30 days prior to the date when the leave is to begin. If the leave is not foreseeable, the employee must give notice as early as is practical. When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the district's operations.

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

Designation of leave as FMLA leave

The district must designate the leave as paid or unpaid FMLA leave within five business days of learning that a FMLA reason supports the leave. The district must also provide other written information concerning the employee's rights and obligations under FMLA. If the district does not make the designation on time or provide appropriate information, the absence will not count against the employee's FMLA entitlement.

Certification

The district may require the employee to provide certification from a healthcare provider containing specific information required under the law if he/she requests a medical leave. If there is a question concerning the validity of such certification, a second and if necessary, a third opinion can be required, both at the expense of the district.

Upon the employee's return to work, the district will require that the employee present a fitness statement from the employee's healthcare provider certifying that the employee is able to return to work.

Restoration

When the employee returns from leave, the district will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment in accordance with board policy. The employee's right to return to the same or an equivalent position is contingent upon the employee's continued ability to perform all the essential functions of the job. An equivalent position is one that is the same or substantially similar in duties, responsibilities, conditions, privileges and status as the original position.

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

Instructional employees

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

Limitations apply to instructional employees who take intermittent or reduced leave. If the leave requested is to care for a family member or for the employee's own serious health condition or leave to care for a covered servicemember and the leave is foreseeable based on planned medical treatment and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, then the district may require the employee to choose one of the following.

• Take the leave for a period or periods of a particular duration, not greater than the duration of the planned treatment.

• Transfer temporarily to an available alternative position for which the employee is qualified, which has equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.

Employees taking leave which constitutes 20 percent or less of the working days during the leave period would not be subject to transfer to an alternative position.

Limitations also apply to instructional employees who take leave near the end of a semester. When an instructional employee begins leave more than five weeks before the end of a semester, the district may require the employee to continue taking leave until the end of the semester under these conditions.

• The leave will last at least three weeks.
• The employee would return to work during the three-week period before the end of the semester.

When an instructional employee begins leave for a purpose other than the employee's own serious health condition during the five-week period before the end of the semester, the district may require the employee to continue taking leave until the end of the semester under these conditions.

• The leave will last more than two weeks.
• The employee would return to work during the two-week period before the end of the semester.

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

Leave taken for a period that ends with the school year and begins the next semester is leave taken consecutively, rather than intermittently. Summer and other vacations may not be counted against an employee's FMLA leave entitlement. An instructional employee on FMLA leave at the end of the school year must receive normal benefits over the summer vacation.

Failure to return

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

Issued 11/12/84; Revised 6/15/87, 2/29/88, 1/9/95, 5/13/96, 9/22/97, 7/27/98, 5/29/02, 12/14/09

GCC-E Employee Rights and Responsibilities Under the Family and Medical Leave Act (FMLA)
Basic leave entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for any of the following reasons.
· incapacity due to pregnancy, prenatal medical care or child birth
· to care for the employee's child after birth or placement for adoption or foster care
· to care for the employee's spouse, son or daughter, or parent, who has a serious health condition
· a serious health condition that makes the employee unable to perform the employee's job

Military family leave entitlements

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

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

Benefits and protections

During FMLA leave, the employer must maintain the employee's health coverage under any "group health plan" on the same terms as if the employee had continued to work. Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the start of an employee's leave.

Eligibility requirements

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

Definition of serious health condition

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

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

Use of leave

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

Substitution of paid leave for unpaid leave

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

Employee responsibilities

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

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

Employer responsibilities

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

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

Unlawful acts by employers

FMLA makes it unlawful for any employer to do the following.
· Interfere with, restrain or deny the exercise of any right provided under FMLA.
· Discharge or discriminate against any person for opposing any practice made lawful by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

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

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

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

Policy IC School Year
Issued 5/07

Purpose: To establish the basic structure for the length of the school year.
The school year will consist of 190 days. The district will use 180 days for student instruction.

The district will use no more than two of the ten remaining days for preparation for opening of school. The district must use three days for professional development based on the state academic achievement standards. The remaining five days may be used for teacher preparation and planning, academic plans and parent conferences.

The district will not begin classes for students prior to the third Monday in August. This does not apply to schools operating on a year-round modified school calendar. The district may request a waiver from this requirement under certain conditions outlined in law.

 

School calendar

The superintendent, in consultation with the staff, will prepare the school calendar. The calendar will set forth starting dates; ending dates; days of attendance for students; days of inservice and organizational meetings for teachers; holidays and vacation periods; days of reports to parents; and other schedules of importance to the staff and public. The superintendent will present the proposed calendar to the board for approval in the spring of each year.

Make-up days

The district will make up all days lost due to snow, extreme weather conditions or other disruptions. The board will designate at least three days within the school calendar as make-up days on the superintendent's recommendation. If those days have been used or are no longer available, the board may lengthen the school day by no longer than one hour per day for the total number of hours missed with the prior approval of the state department of education or operate schools on Saturday. However, if the board authorizes make-up days on Saturday, tutorial instruction normally offered on Saturday for students in grades seven through twelve must be scheduled at an alternative time.

Adopted 11/12/84, Revised 10/13/97, 10/23/00, 11/24/03, 5/14/07

Legal references:

S.C. Code, 1976, as amended:
Section 59-19-90(12) - General powers and duties of board; establish an annual calendar.
Section 59-1-370 - Closing of educational institutions on general election day.
Section 59-1-425 - School terms, school days, make-up days.

Policy GBEC Drug and Alcohol-Free Workplace and Schools
Issued 5/13

Purpose: To establish the basic structure to ensure the board's vision of a workplace and school environment free of drugs and alcohol.

The district is committed to providing a drug and alcohol free learning environment and workplace. Drug and alcohol abuse at school or in connection with school-sponsored activities on or off school grounds threatens the health and safety of our students and our employees and adversely affects the educational mission of the schools.

Employees

No employee will unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any drug on or in the workplace. “Drug” means any narcotic drug, depressant, stimulant or hallucinogenic drug, amphetamine, barbiturate, marijuana, any counterfeit drug, imitation controlled substance, “lookalike” substance, synthetic drug or designer drug (bath salts and synthetic marijuana) or any other controlled substance as defined by the act and regulation cited below. No employee will manufacture, distribute, dispense, possess, use or be under the influence of alcohol on or in the workplace.

“Workplace” means the site for the performance of work. That includes any school building or any school premises and any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities. It also includes off-school property during any school-sponsored or school-approved activity, event or function such as a field trip or athletic event where students are under the jurisdiction of the district.

As a condition of employment, each employee will notify his/her supervisor of his/her conviction of any criminal drug statute for a violation occurring in the workplace as defined above. The employee must notify the supervisor no later than five days after such conviction.

As a condition of employment, each employee must abide by the terms of the school district policy respecting a drug and alcohol-free workplace.

An employee who violates the terms of this drug-free workplace policy may be subject to disciplinary action including, but not limited to, nonrenewal, suspension or termination at the discretion of the board. Such employee may be required to satisfactorily participate in a drug abuse assistance program or rehabilitation program approved by the board.

The board will take such action in accordance with district policies and regulations as well as applicable state and federal law.

The board directs the administration to establish a drug and alcohol-free awareness program in the district to include information on the dangers of drug and alcohol abuse in the workplace, the district's policy on a drug and alcohol-free workplace, and any drug and alcohol counseling available to employees as well as any available rehabilitation and employee assistance programs.

Students

No student, regardless of age, will possess, use, sell, purchase, barter, distribute or be under the influence of alcoholic beverages or other controlled substances in the following situations.

• on school property (including buildings, grounds, vehicles)
• at any school-sponsored activity, function or event whether on or off school grounds (including any place where an interscholastic athletic contest is taking place)
• during any field trip
• during any trip or activity sponsored by the board or under the supervision of the board or its authorized agents

No student will aid, abet, assist or conceal the possession, consumption, purchase or distribution of any alcoholic beverage by any other student or students in any of the circumstances listed above.

No student will market or distribute any substance which is represented to be or is substantially similar in color, shape, size or markings of a controlled substance in any of the circumstances listed above.

All principals will cooperate fully with law enforcement agencies and will report to them all information that would be considered pertinent or beneficial in their efforts to stop the sale, possession and use of controlled substances.

The administration will suspend students who violate this policy and the board may expel them. The board intends to expel all students who distribute any controlled substance on school grounds.

Cf. JICH; also ADB

Adopted 9/22/97; Revised 12/14/09, 5/28/13

Legal references:

Federal statutes:

Drug-Free Workplace Act 102 Stat. 4305-4308.

Controlled Substances Act (21 U.S.C. 812) - Schedules I through V of Section 202.

Federal regulations:

54 F.R. 4946 (1/31/89) - Relating to the Drug-Free Workplace Act.

21 CFR 1300.11 through 1300.15 - Defining controlled substances.

State law:

(Alcohol)

S.C. Constitution:

Article XVII, Section 14 - Must be over 21 to possess distilled liquors.

S.C. Code of Laws, 1976, as amended:

Section 16-17-530 - Students who come to school in an intoxicated condition, or conduct themselves in a disorderly or boisterous manner, could be arrested for a misdemeanor.

Section 59-67-150 - Drinking alcoholic liquors on a school bus is prohibited.

(Drugs)

S.C. Code, 1976, as amended:

Section 44-49-80 - Establishment of drug abuse treatment program in public schools.

Section 44-53-110, et seq. - Definitions; lists of illicit drugs.

Section 44-53-140 - Certain communications and observations shall be privileged.

Section 44-53-160 - Manner in which changes must be made to schedules of controlled substances.

Section 44-53-190 - Substances added to Schedule 1 controlled substances.

Section 44-53-370 - Prohibited Acts A; penalties.

Section 44-53-440 - Distribution to persons under 18.

Issued 12/09
Purpose: To establish the basic structure for district dress code for staff.

The district will establish a dress code for staff to provide an atmosphere that enhances learning, instills discipline, prevents disruption and avoids safety hazards. The district expects district employees to set an example for students that will serve to promote acceptable minimum dress standards for students and, consequently, improvement in student behavior.
The purpose of developing a dress code for staff is not to restrict unduly, but to permit staff to dress in accordance with standards conducive to a proper educational atmosphere in the public schools of the district.
The board considers these rules essential.
• The district does not consider shorts, t-shirts, denim/jean pants and sweatpants acceptable for the classroom or office setting. Custodians and instructors in areas of physical education and occupational education will wear clothing appropriate for their instructional environment.
• All male instructional staff will be required to wear a shirt and a tie.
• Garments should not be so tight or clinging as to be excessively revealing or so flowing or loose as to constitute a safety hazard. Mini-skirts and short skirts are inappropriate.
• The board recognizes special situations (such as field day, work days, field trips, etc.) where a staff a member would not dress as he/she would on a normal school day. Staff must receive approval from the principal/supervisor prior to wearing shorts, t-shirts and sweatpants.
• Staff should dress in a clean and neat manner appropriate to their position.
• Administrators and office personnel should dress in a business manner that prepares them to meet the public and identifies them as a member of the office team.
Employees who violate this policy will be subject to consequences as outlined in policy GCQF (Discipline, Suspension and Dismissal of Certified Staff) and GDQD (Discipline, Suspension and Dismissal of Support Staff).
Adopted 4/22/02; Revised 12/14/09

Issued 12/09
Purpose: To establish the board's vision for a working environment free of racial and sexual discrimination and harassment.

Racial harassment

Racial harassment is incompatible with equal educational opportunity and is not tolerated in the school district. It is the responsibility of every individual in the district to create an environment free of racial harassment.

Racial harassment by employees is racially motivated conduct that does the following.

• Discriminates on the basis of race in the following areas.
- the terms, conditions, working environment or privileges of employment
- enrollment, course assignment, grade, participation
- school-sponsored extracurricular activities

• Is directed toward a specific person or persons and involves the following.
- the use of force
- the threat of the use of force
- the intentional infliction of severe mental or emotional distress through any means

Racial harassment by students is racially motivated conduct that is directed toward a specific person or persons and involves the following.

 

• the use of force
• the threat of the use of force
• the intentional infliction of severe mental or emotional distress through any means

Employees and students are encouraged to express freely, responsibly and in an orderly way their opinions and feelings about any complaint of racial harassment. Any act of interference, restraint or discrimination by a district employee against any person responsibly complaining of harassment is in violation of this policy. However, individuals should not use this policy to bring frivolous or malicious charges against others.

Sexual harassment (staff)

The district will not tolerate or condone sexual harassment in the workplace. The board considers sexual harassment to be a major offense which may result in disciplinary action or dismissal of the offending employee.

Unwelcome sexual advances, requests for sexual favors, or other sexual conduct, either verbal or physical, constitutes sexual harassment under the following circumstances.

• The harasser requires the employee to submit to the conduct as an explicit or implicit condition of employment, status or promotion.

• The harasser uses the employee's submission to, or rejection of, the conduct as a basis for an employment decision.

• The harassment substantially interferes with an employee's work performance or creates an intimidating, hostile or offensive work environment.

• The employee's submission to, or rejection of, the conduct is the basis for any decision affecting benefits, services, honors, programs or other available activities.

An employee who feels that he/she is being harassed should immediately report such incident to his/her immediate supervisor or the appropriate personnel department official. Nothing in district policy requires the employee alleging sexual harassment to present the matter to the person who is the subject of the complaint.

 

The district will promptly and thoroughly investigate all complaints of sexual harassment. All complaints will be confidential and only those persons necessary for the investigation and resolution of the complaint will be given information about it. The district prohibits retaliation or reprisal in any form against an employee who has filed a complaint of sexual harassment.

Sexual harassment (students)

Not all behavior with sexual connotations constitutes sexual harassment under federal law. In order to qualify as a complaint under Title IX, sexual harassment must be sufficiently severe, persistent or pervasive so that it does the following.

• adversely affects a student's education
• creates a hostile or abusive educational environment

 

A one time incident must be severe to rise to the level of harassment.

The district prohibits sexual harassment of students by district employees, other students or third parties. All students and employees must avoid any action or conduct which could be viewed as sexual harassment.

Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when the following occurs.

• Submission to such conduct is made either expressly or implicitly a term or condition of a student's education.
• Submission to or rejection of such conduct by an individual is used as the basis for any decisions affecting a student.

• Such conduct has the purpose or effect of unreasonably interfering with a student's education or creating an intimidating, hostile or offensive school environment.

Any student who feels he/she has been subjected to sexual harassment is encouraged to file a complaint in accordance with administrative rule JI-R. All allegations will be investigated promptly and confidentially. The district prohibits retaliation or reprisal in any form against a student who has filed a complaint of sexual harassment.

Any employee or student who is found to have engaged in sexual harassment will be subject to disciplinary action, up to and including termination in the case of an employee, or expulsion in the case of a student. The district will take all other appropriate steps to correct or rectify the situation.

Adopted 3/11/91; Revised 5/13/96, 9/22/97, 12/14/09

Legal references:

Federal statutes:

Title IX of the Education Amendments of 1972, 20 USC Section 1681, et seq, - Prohibits discrimination on the basis of sex by any educational program or activity receiving federal funds.

Court cases:

United States Supreme Court: Jackson v. Birmingham Board of Education, No. 02-1672 (U.S. March 29, 2005).

Burlington Northern and Santa Fe Railway v. White, 126 S. Ct. 2405 (U.S. June 22, 2006).

Issued 12/09
Purpose: To establish the basic structure for ethical conduct and the avoidance of conflicts of interest on the part of the district staff.

Staff members will not engage in any activity that conflicts or raises a reasonable question of conflict with their responsibilities in the district.

• No employee will engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with his/her duties and responsibilities in the school system.
• An employee will not engage in work of any type where information concerning a customer, client or employer originates from any information available to him/her through school sources.
• A professional employee will not sell instructional supplies, equipment or reference books in the attendance area served by his/her school nor will the employee furnish the names of students or parents to anyone selling these materials.

Nepotism

Neither a board member nor an employee may participate in an action relating to the discipline of his/her family member.

The district will not place an employee in a position wherein an employee will exercise direct administrative or supervisory authority over a member of his/her family.

South Carolina law Section 59-25-10 provides that no board member's immediate family member may be employed as a teacher without the written consent of the board of trustees.

State ethics law

A public school employee is under the jurisdiction of the "Ethical Conduct of Public Officials and Employees," Section 8-13-700,et seq. S.C. Code of Laws, and is subject to the rules of conduct of the statute. Such rules include the following.

A public employee must do the following.
• may not use his/her position or office for personal financial gain (Section 8-13-700)
• must report the receipt of anything of value worth $25 or more under certain circumstances (Section 8-13-710)
• may not receive compensation to influence action (Section 8-13-705)
• may not receive additional monies as payment for advice or assistance given in the course of their employment (Section 8-13-720)
• may not receive anything of value for speaking before a public or private group if the employee is acting in an official capacity (Section 8-13-715)
• may not use government personnel, equipment or materials in an election campaign (Section 8-13-765)
• may not use or disclose confidential information gained in the course of employment (Section 8-13-725)
• may not cause the employment, appointment, promotion, transfer or advancement of a family member to a state or local office or position in which the public official, public member or public employee supervises or manages (Section 8-13-750)
• may not participate in an action relating to the discipline of the public official's, public member's or public employee's family member (Section 8-13-750)
• may not serve as a member or employee of a governmental regulatory commission that regulates any business with which the employee is associated (Section 8-13-730)
• may not represent another person before a governmental entity (Section 8-13-740)
• may not have an economic interest in a contract if the employee is authorized to perform an official function relating to the contract (Section 8-13-775)
• may not use or disclose confidential information in any way that would affect his/her economic interest (Section 8-13-725)

In cases where an employee is required to take action or make a decision which affects himself/herself or other individuals, the employee will take such steps as the Ethics Commission will prescribe to remove him/herself from the potential conflict of interest (Section 8-13-700).

The superintendent must file an annual statement of economic interest with the State Ethics Commission (Section 8-13-1110).

Adopted 3/2/87; Revised 5/13/96, 9/22/97, 12/14/09

Legal references:
S.C. Code, 1976, as amended:
Section 8-13-700 et seq. - State ethics law.
Section 59-15-10 - No employee may serve on the county board of education.
Section 59-19-300 - A board member may not receive pay as a teacher in same district where he/she serves on the board of trustees.
Section 59-31-590 - A teacher may not have pecuniary interest in textbook selection.
Section 59-25-10 - Employment of teachers related to board members or serving as board members.

Issued 12/09
Purpose: To establish the board's vision for appropriate staff conduct.

The board reaffirms one of the oldest beliefs in education, which is "One of the best methods of instruction is that of setting a good example."

The board expects the staff of the district to strive to set the kind of example for students that will serve them well in their own conduct and behavior and subsequently contribute to an appropriate school atmosphere.

To that end, in dress, conduct and interpersonal relationships, all staff should recognize that they are being continuously observed by students and that their actions and demeanor will be reflected in the conduct of the students.

The personal life of an employee will be the concern of and warrant the attention of the board only as it may directly prevent the employee from effectively performing assigned functions during duty hours or as it violates local, state or federal law or contractual agreements.

No employee will commit or attempt to induce students or others to commit an act or acts of immoral conduct which may be harmful to others or bring discredit to the district. If it appears an employee may have violated the law, the district will cooperate with law enforcement agencies.

Employees of the district, while on duty and in the presence of students, will not use profanity, will not use tobacco in any form, and will not consume or be under the influence of intoxicating beverages. Employees will not be involved in drug abuse or drug traffic.

Violations of this policy by employees will be grounds for immediate suspension and possible termination of employment. In such cases, an employee will be informed of his/her right to any hearing or due process procedure that may be applicable under law or district policy.

The following list includes some of the actions that are considered misconduct while on duty on or off district premises.
• possessing, using, selling, manufacturing, distributing or dispensing any illegal drugs or alcohol while on duty or off district property
• fighting or deliberately harming another
• being absent without approval
• refusing to follow a supervisor's instructions and directions
• failure to adhere to safety and health rules as established by state law and the district
• destroying school property intentionally
• using obscene language which is unsuitable in the school setting
• having any interaction/activity of a sexual nature or intent with a student
• possessing weapons on school property
• using school property without proper authorization
• behaving in any inappropriate manner to the extent of adversely affecting the employee's ability to perform his/her work
• harassment, intimidation or bullying of a student
Arrest of an employee

The board delegates specific authority to the superintendent to take appropriate employment action with regard to an employee who has been arrested.

• Employees arrested for a misdemeanor offense which would indicate no danger or appearance of danger to students, co-employees or the district will normally not be subject to any employment action.
• Employees arrested for a misdemeanor offense which would indicate a possible danger or appearance of danger to the school district, co-employees or to pupils will normally be suspended with pay pending adjudication.
• Employees arrested for a misdemeanor offense which would indicate a possible danger or appearance of danger to pupils but not to the school district or co-employees will normally be reassigned to different responsibilities away from pupils within the district pending adjudication.
• Employees arrested for a felony offense will normally be suspended with pay pending adjudication.
• In certain circumstances, other employment action may be taken.

Cf. GBEBB
Adopted 9/22/97; Revised 9/13/04, 12/14/09

Issued 8/14

Purpose: To establish the board's vision and the basic structure for appropriate staff conduct with students.

The relationship between staff members and students in the school district should be one of cooperation, understanding and mutual respect. All employees have the responsibility to provide an atmosphere conducive to learning, which should be accomplished through effective individual and group discipline. All students and staff members will treat each other with respect.

All employees are expected to exercise good judgment and maintain professional boundaries when interacting with students, in all curricular and extracurricular activities, both on and off school property and through any social media on the internet.

Differences and problems that arise between an employee and student are typically best worked out by conferences between these two persons or between the employee and the parent/legal guardian of the student. However, employees and students should immediately report a violation or perceived violation of the district’s nondiscrimination and anti-harassment policy regardless of whether a conference has been held.

Sexual misconduct

Any behavior of a sexual nature which may constitute professional misconduct and/or is a violation of criminal or civil statutes, professional codes of ethics or board policy is strictly prohibited.

No employee may use his/her status as an employee to adversely influence a student of the district. No employee may date, make sexual advances toward or engage in any sexual relationship with a district student, regardless of the student’s age, the perceived consensual nature of the relationship, where the advances are made or whether the employee directly supervises the student. Further, no employee may discuss or plan a future romantic or sexual relationship with a student. All employees possessing evidence of or witnessing such conduct will report it to the appropriate district administrator immediately. After a thorough investigation and depending upon the nature of the charges, the district will take appropriate disciplinary action, up to and including dismissal, and, when warranted, contacting law enforcement officials.

Cf. AC, JB, GBAA, GBEB, GCQF, JI, JLF

Adopted 1/11/10, 8/25/14

Legal references:

Federal statutes:

Title VI of the Civil Rights Act of 1964 - Prohibits discrimination on the basis of race, color, national origin, religion or sex.

Title IX of the Education Amendments of 1972, 20 USC Section 1681, et seq. - Prohibits discrimination on the basis of sex.

S.C. Code of Laws, 1976, as amended:

Section 16-3-655 - Criminal sexual conduct with a minor.

Section 16-3-800, et. seq. - Sexual performance by children.

Issued 1/10

Staff members are expected to use good judgement in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.
• Staff members will not make derogatory comments to students regarding the school and/or staff.
• The exchange of purchased gifts between staff members and students is discouraged.
• Staff-sponsored parties, at which students are in attendance, unless they are a part of the school's extracurricular program and are properly supervised, are prohibited.
• Staff members will not fraternize, written or verbally or electronically, with students except on matters that pertain to school-related issues.
• Staff members will not use insults or sarcasm against students as a method of forcing compliance with requirements or expectations.
• Staff members will maintain a reasonable standard of care for the supervision, control and protection of students commensurate with their assigned duties and responsibilities.
• Staff members will not send students on personal errands.
• Staff members will not give rides to students in their personal vehicles, unless approved by the appropriate administrator.
• Staff members will not sign students out of class except for school-related reasons.
• Staff members will, pursuant to law and board policy, immediately report any suspected signs of child abuse or neglect.
• Staff members will not attempt to counsel, assess, diagnose or treat a student's personal problem relating to sexual behavior, substance abuse, mental or physical health and/or family relationships but instead, should refer the student to the appropriate individual or agency for assistance.
• Staff members will not disclose information concerning a student, other than directory information, to any person not authorized to receive such information. This includes, but is not limited to, information concerning assessments, ability scores, grades, behavior, mental or physical health and/or family background.
• Dating between staff members and students is prohibited.
• Staff members will not associate with students at any time in any situation or activity which could be considered sexually suggestive or involve the presence or use of tobacco, alcohol or drugs.
• Sexual relations with students, regardless of age and/or consent, are prohibited and will result in dismissal.
Issued 1/11/10

Policy IJNDB Use of Technology Resources in Instruction

Issued 4/07

Purpose: To establish the board's vision and the basic structure for the use of technology resources in instruction.

We believe the following.

• The school should be a macrocosm of the real world.

• Students and staff should have access to technology.

• Students must have access to information through technology.

• Technology must be incorporated as a natural part of a student's daily learning experience.

• Technology must address the needs of everyone.

• Business, organizations, community, home, interactive research-based, rigorous, relevant and technological support and involvement are essential to implement a strong plan.

• Networked technology systems permit efficient and effective communications within and outside the school district, state, nation or international arena.

• Technology will act as a tool to accelerate systematic reform.

• Technology will provide information and enhance the educational process.

• Our schools must prepare for the workplace of the future.

• Technology will help teachers transition their role of being facilitators of learning.

• Home school coalitions will be strengthened with a home/school technology connection.

• Technology will expand and enrich learning opportunities.

• Technology will encourage lifelong learning.

Mission

Ensure that all students develop into self-sufficient lifelong learners and contributors to society by providing appropriate effective learning experiences through technology, a powerful means to those aspirations we hold in common.

Vision

Students will be able to use a wide variety of technological tools to enhance their future as students and workers. It is imperative for all students to have access to information via technology as a basis for lifelong learning. It is essential for all learners, including educators, to process and manage information through the use of technology.

It is also recognized that technology changes leading to rapid hardware obsolescence, staff development requirements and funding source availability will require an effective phase in of these tools at a pace that parallels current trends, instructional staff readiness and resource availability. Therefore, it is recommended that a planned phase in occur whereby a limited number of technological tools are made available at the onset allowing shared classroom based access to information. The breadth of this inclusion will depend on factors specific to each school and/or district. Careful attention should be given to all factors depicted in this plan.

Accessing inappropriate sites

Student Internet activities will be monitored by the district to ensure students are not accessing inappropriate sites that have visual depictions that include obscenity, child pornography or are harmful to minors. The school district will use technology protection measures to protect students from inappropriate access.

The district will provide reasonable notice of and at least one public hearing or meeting to address and communicate its Internet safety measures.

District and school computer technicians who are working with a computer and come across sexually explicit images of children must report this to local law enforcement. The report must include the name and address of the owner or person in possession of the computer.

Violating software license

Faculty, staff and students are forbidden to take part in any activity that violates such matters as institutional or third party copyright, license agreements or other contracts. The unauthorized use of and/or copying of software is illegal.

It is against Jasper County School District practice for staff to copy or reproduce any licensed software on school district computing equipment, except as expressly permitted by the specific software license. Unauthorized use of software is regarded as a serious matter and any such use is without the consent of the Jasper County School District.

Adopted 2/9/98; Revised 10/11/04, 4/23/07

Legal references:

Federal law:

47 USC Section 254(h) - Children's Internet Protection Act.

The Digital Millennium Copyright Act of 1998, Section 512 - Limitations on liability relating to material online.

S.C. Code of Laws, 1976, as amended:

Section 10-1-205 - Computers in public libraries; regulation of Internet access.

Section 16-3-850 - Encountering child pornography while processing film or working on a computer.

Section 16-15-305 - Disseminating, procuring or promoting obscenity unlawful; definitions; penalties; obscene material designated contraband.

Jasper County School District

IJNDB-R Use of Technology Resources in Instruction

Issued 4/07

Network/Internet acceptable use agreement

Telecommunications and other new technologies are rapidly changing instruction and student learning. The Jasper County Board of Education supports access by students and staff to information and resources available on computer networks and the Internet that are consistent with the educational goals of the district. Teachers will be encouraged and assisted in the development of appropriate skills to integrate such resources and state-of-the-art technology throughout the curriculum. School staff will provide guidance and instruction to students in the appropriate use of such resources that are consistent with the educational goals of the district.

Communications on the network and especially the Internet are public in nature. With access to computers and people all over the world comes the availability of material that may not be considered to be of educational value in the context of the school setting. However, on a global network it is impossible to control all materials and a user may discover controversial material. The Jasper County Board of Education firmly believes that the valuable information and interaction available on this worldwide network far outweighs the possibility that users may procure material that is not consistent with the educational goals of the district.

The network is provided for staff and students to do research and communicate with others. Access to electronic media services is a privilege provided to students and staff who agree to act in a considerate and responsible manner and have documented parental/legal guardian permission. The smooth operation of the network relies upon the proper conduct of the users who must adhere to strict guidelines. The guidelines are provided in this user agreement so that all users of network/Internet resources are aware of the rules and responsibilities that accompany the use of computer technology in the Jasper County School District. In general, this agreement requires the efficient, ethical and legal utilization of network resources.

The Internet can provide a vast collection of educational resources for students and employees. It is a global network that makes it impossible to control all available information. Because information appears, disappears and changes constantly, it is not possible to predict or control what students may locate. The school district makes no guarantees as to the accuracy of information received on the Internet. Although students will be under teacher supervision while on the network, it is not possible to constantly monitor individual students and what they are accessing on the network. Some students might encounter information that is not of educational value.

Students using the electronic resources provided by the district will be monitored and/or supervised by the staff at all times. Within reason, freedom of speech and access to information will be honored. However, network storage areas may be treated like school lockers and network administrators may review files and communications to maintain network system integrity and to insure that users are using the system responsibly. Users should not expect that files stored on district servers will always be private.

Students are responsible for good behavior on school computer networks just as they are in the classroom or anywhere else on school property or during school sponsored activities.

The following behaviors are not permitted.

• accessing, sending or displaying a file or web site that contains pornographic or obscene pictures, videos, stories or other material; making copies of such material or distributing or exposing others to such material

• sending or receiving messages that are obscene profane, racist, sexist, inflammatory, threatening or slanderous towards others

• creating and/or placing a computer virus on the network or any workstation

• damaging computers, computer systems or computer networks

• violating copyright laws

• using others' passwords

• trespassing in another's folders, work or files

• intentionally wasting limited resources

• employing the network for commercial purposes

• purchasing something which requires the user to submit a credit card number or obligates the student or school to another party

• attempting to access and/or alter information in restricted areas of any network or in any way violate the confidentiality rights of other users on any network

• creating or posting unapproved web pages

• failing to report abuses or other conditions that may interfere with the appropriate and efficient use of school resources

Violations will result in the loss of access privileges and additional disciplinary action will be determined. When applicable, law enforcement agencies will be involved.

A user is required to report any of the following to his/her teacher or the school principal as soon as they are discovered.

• any messages, files, web sites or user activities that are in violation of this policy

• any messages, files, web sites or user activities that request personal information about the user or another user or request a personal contact with the user or another user

• attempts by any user to abuse or damage the system or violate the security of the network or its resources

• any error messages or problems which indicate that the system is not working properly

Warranty

The Jasper County School District makes no warranties of any kind, whether expressed or implied, for the service it is providing. The district will not be responsible for any damages users suffer. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdirected deliveries or service interruptions caused by its own negligence or user errors or omissions. Use of any information obtained via the Internet is at the user's own risk. The district specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Vandalism

Vandalism is defined as any malicious attempt to harm or destroy computer hardware or the data of another user, Internet or other networks that are connected to any of the Internet backbones. This includes, but is not limited to, the uploading or creation of computer viruses, deletion or alteration of other user files or applications, removing protection from restricted areas or the unauthorized blocking of access to information, applications or areas of the network. Vandalism will result in the cancellation of network privileges.

User privacy

The Jasper County School District reserves the right to examine, restrict or remove any material that is on or passes through its network, just as it does any other work or material generated or brought to school by staff or students. Access to electronic information related to any student or staff member will be governed by the same policies that would apply to that information if it were not in electronic form.

Agreement

I have read, understand and will abide by the above acceptable use agreement. I further understand that any violation of the regulations above is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges will be revoked and I will be subject to other disciplinary actions prescribed by the law or other school policies. The faculty member whose signature appears below has advised me of the acceptable use agreement.

Student's full name (please print) __________________________________________________

Student's signature __________________________________________ Date ______________

Teacher's name (please print) _____________________________________________________

Teacher's signature __________________________________________ Date ______________

Parent or legal guardian

As parent/legal guardian of this student, I have read the acceptable use agreement. I understand that this access is designed for educational purposes. I further recognize that while student use will be supervised and/or monitored by the staff of the Jasper County School District, it is impossible for the school district to restrict access to all controversial materials and I will not hold them responsible for materials acquired on the network. I hereby grant permission to assign access privileges to my child and certify that the information contained on this form is correct.

Parent/Legal guardian's name (please print) _________________________________________

Parent/Legal guardian's signature _____________________________ Date ______________

Issued 4/23/07

Jasper County School District

File IJNDB-E Network/Internet Acceptable Use Agreement

Telecommunications and other new technologies are rapidly changing instruction and student learning. The Jasper County Board of Education supports access by students and staff to information and resources available on computer networks and the Internet that is consistent with the educational goals of the district. Teachers will be encouraged and assisted in the development of appropriate skills to integrate such resources and state-of-the-art technology throughout the curriculum. School staff will provide guidance and instruction to students in the appropriate use of such resources that are consistent with the educational goals of the district.

Communications on the network and especially the Internet are public in nature. With access to computers and people all over the world comes the availability of material that may not be considered to be of educational value in the context of the school setting. However, on a global network it is impossible to control all materials and a user may discover controversial material. The Jasper County Board of Education firmly believes that the valuable information and interaction available on this worldwide network far outweighs the possibility that users may procure material that is not consistent with the educational goals of the district.

The network is provided for staff and students to do research and communicate with others. Access to electronic media services is a privilege provided to students and staff who agree to act in a considerate and responsible manner and have documented parent/legal guardian permission. The smooth operation of the network relies upon the proper conduct of the users who must adhere to strict guidelines. The guidelines are provided in this user agreement so that all users of network/Internet resources are aware of the rules and responsibilities that accompany the use of computer technology in the Jasper County School District. In general, this agreement requires the efficient, ethical and legal utilization of network resources.

Students using the electronic resources provided by the district will be monitored and/or supervised by the staff at all times. Within reason, freedom of speech and access to information will be honored. However, network storage areas may be treated like school lockers and network administrators may review files and communications to maintain network system integrity and to insure that users are using the system responsibly. Users should not expect that files stored on district servers will always be private.

Students are responsible for good behavior on school computer networks just as they are in the classroom or anywhere else on school property or during school sponsored activities.

The following behaviors are not permitted.

• accessing, sending or displaying a file or Web site that contains pornographic or obscene pictures, videos, stories or other material; making copies of such material or distributing or exposing others to such material
• sending or receiving messages that are obscene profane, racist, sexist, inflammatory, threatening or slanderous towards others
• creating and/or placing a computer virus on the network or any workstation
• damaging computers, computer systems or computer networks
• violating copyright laws
• using others' passwords
• trespassing in another's folders, work or files
• intentionally wasting limited resources
• employing the network for commercial purposes
• purchasing something which requires you to submit a credit cared number or obligates the student or school to another party
• attempting to access and/or alter information in restricted areas of any network or in any way violate the confidentiality rights of other users on any network
• creating or posting unapproved web pages
• failing to report abuses or other conditions that may interfere with the appropriate and efficient use of school resources

Violations will result in the loss of access privileges and additional disciplinary action will be determined. When applicable, law enforcement agencies will be involved.

Users are required to report any of the following to his/her teacher or the school principal as soon as they are discovered.

• any messages, files, Web sites or user activities that are in violation of this policy
• any messages, files, Web sites or user activities that request personal information about you or another user or request a personal contact with you or another user
• attempts by any user to abuse or damage the system or violate the security of the network or its resources
• any error messages or problems which indicate that the system is not working properly

Warranty

The Jasper County School District makes no warranties of any kind, whether expressed or implied, for the service it is providing. The district will not be responsible for any damages you suffer. This includes, but is not limited to, loss of data resulting from delays, non-deliveries, misdirected deliveries or service interruptions caused by its own negligence or your errors or omissions. Use of any information obtained via the Internet is at your own risk. The district specifically denies any responsibility for the accuracy or quality of information obtained through its services.

Vandalism

Vandalism is defined as any malicious attempt to harm or destroy computer hardware or the data of another user, Internet or other networks that are connected to any of the Internet backbones. This includes, but is not limited to, the uploading or creation of computer viruses, deletion or alteration of other user files or applications, removing protection from restricted areas or the unauthorized blocking of access to information, applications or areas of the network. Vandalism will result in the cancellation of network privileges.

User privacy

The Jasper County School District reserves the right to examine, restrict or remove any material that is on or passes through its network, just as it does any other work or material generated or brought to school by staff or students. Access to electronic information related to any student or staff member will be governed by the same policies that would apply to that information if it were not in electronic form.

Agreement

I have read, understand and will abide by the above acceptable use agreement. I further understand that any violation of the regulations above is unethical and may constitute a criminal offense. Should I commit any violation, my access privileges will be revoked and I will be subject to other disciplinary actions prescribed by the law or other school policies. The faculty member whose signature appears below has advised me of the acceptable use agreement.

Student's full name (please print) ___________________________________________________

Student's signature ____________________________________________Date ______________

Teacher's name (please print) ______________________________________________________

Teacher's signature ____________________________________________Date ______________

Parent or legal guardian

As parent/legal guardian of this student, I have read the acceptable use agreement. I understand that this access is designed for educational purposes. I further recognize that while student use will be supervised and/or monitored by the staff of the Jasper County School District, it is impossible for the school district to restrict access to all controversial materials and I will not hold them responsible for materials acquired on the network. I hereby grant permission to assign access privileges to my child and certify that the information contained on this form is correct.

Parent's/Legal guardian's name (please print) ______________________________________________

Parent's/Legal guardian's signature __________________________________Date ______________

Jasper County School District