Policy G – Personnel

SECTION G: PERSONNEL Reviewed in 2006

Section G contains policies on school employees except the superintendent and general administration found in section C.

GBA
Open Hiring/Equal Employment Opportunity
GBAA
Sexual Harassment by Employees
GBAAA
Teacher Employment Law
GBC
Compensation and Fringe Benefits
GBCA
Administrative Salary Schedule
GBCB
Administrative Fringe Benefits Schedule
GBCC
Teachers’ Salary Schedule
GBCD
Extra Curricular Compensation Schedule
GBCE
Teachers’ Fringe Benefit Schedule
GBEA
Staff Ethics/Conflict of Interest
GBEB
Staff Conduct and Responsibilities
GBEBA
Staff Dress Code
GBEC
Alcohol and Controlled Substance Use and Abuse – Employees
GBED
Tobacco Use by Staff
GBEE
Staff Use of Electronic Information Resources
GBGA
Use of Automated External Defibrillator (AED)
GBGB
Staff Personal Security and Safety
GBGE
Staff Maternity/Paternity/Parental Leave
GBGF
Federally-Mandated Family and Medical Leave
GBGHI
Professional/Licensed Staff leave – Jury Duty
GBKA
Grievance Procedure/Licensed – Professional Staff
GBK
Staff Concerns/Complaints/Grievances Employee Grievance
GBKA-R
Staff Concerns/Complaints/Grievances Employee Grievance Procedure
GBL
Retaliation   
GC
Certified Staff Defined
GCA
Certification of Licensed Personnel
GCAA
Contract Renewal – Licensed Staff
GCB
Administrative Contract  Year
GCBA
Salary Schedule
GCBA – R
Teachers/ Certified: Credit Hours and Salary Schedule movement (resource)
GCBB
Approval of Graduate Credit
GCBE
Certified Staff Leave
GCBEE
Compensation for Athletic/Activity Coverage
GCC
Leave of Absence
GCCA
Leave of Absence – Experience Increment
GCCAA
Sick Leave Bank
GCCAC
Reimbursement for Unused Accumulated Leave (Classified/Certified)
GCCACA
Maternity and Paternity Leave
GCD
District Holidays   
GCE
Advertising Openings
GCEA
Employee Applications
GCEC
Employment of District Personnel
GCF
Employment of Administrators
GCG – R
Substitute Teacher Pay
GCI
Administrative Professional Growth
GCIA
Professional Growth/Certified Staff
GCID
Convention Attendance
GCKA
Assignment of Certified Staff
GCKAA
Reporting to Work – Certified Staff
GCM
Contract Year
GCMA
Counselor and Media Specialist Work Year
GCOA
Evaluation of Instructional Staff
GCOC
Evaluation of Administrative Staff
GCQEB
Transitional Retirement
GCQF
Cause for Dismissal – Certified Staff
GCQFA
Dismissal Recommendation – Certified Staff
GCQG
Reduction In Force
GD
Classified Employees Defined
GDBD
Classified Staff Leave
GDC
Classified Staff Compensation
GDCE
Classifed Staff Group Health and Hospitalization
GDCF
Classified Staff – Term Life Insurance
GDCG
Classified Employees’ Fringe Benefits
GDCH
Classifed Salary Schedules/Annual Compensation Adjustment
GDD
Classified Staff Vacation
GDDA
Classified Staff Payment for Earned Vacation
GDE
Support Staff Recruiting/Hiring
GDF
Fingerprints
GDGHI
Classified Staff Jury Duty
GDJ
Reassignment or Dismissal of Classified Staff
GDJA
Authority to Dismiss or Re-Assign Classified Staff
GDK
Classified Staff Grievance Procedure
GDQC
GDQD
Discipline, Suspension and Dismissal of Support Staff

Policy Code:  GBA
Policy Name:  Employment Responsibility
Adoption:
Revised: January 24, 2011
Reviewed:

The Board subscribes to the principles of the dignity of all people and of their labors.  It also recognizes that it is both culturally and educationally sound to have persons of diverse backgrounds on the school district’s staff.
Therefore, the district shall promote and provide for equal opportunity in recruitment, selection, promotion and dismissal of all personnel.  Commitment on the part of the district towards equal employment opportunity shall apply to all people without regard to race, color, creed, sex, sexual orientation, religion, national origin, ancestry, age, marital status or disability.
The district shall ensure that it does not unlawfully discriminate in any area of employment including job advertising, pre-employment requirements, recruitment, compensation, fringe benefits, job classifications, promotion and termination.

LEGAL REFS.:  20 U.S.C. §1681 (Title IX of the Education Amendments of 1972)
29 U.S.C. §201 et seq. (Fair Labor Standards Act)
29 U.S.C. §621 et seq. (Age Discrimination in Employment Act of 1967)
29 U.S.C. §794(Section 504 of the Rehabilitation Act of 1973)
42 U.S.C. §12101et seq. (Title II of the Americans with Disabilities Act)
42 U.S.C. §2000d  (Title VI of the Civil Rights Act of 1964)
42 U.S.C. §2000e (Title VII of the Civil Rights Act of 1964)
C.R.S. 22-32-110 (1)(k)
C.R.S. 22-61-101 (discrimination in employment prohibited)
C.R.S. 24-34-301 et seq.(Colorado Civil Rights Division procedures)
C.R.S. 24-34-402 et seq.(discriminatory or unfair employment practices)
CROSS REFS.:  AC, Nondiscrimination/Equal Opportunity
ACE, Nondiscrimination on the Basis of Disability
GBAA, Sexual Discrimination and Harassment

NOTE:  State law defines “sexual orientation” as “a person’s orientation toward heterosexuality, homosexuality, bisexuality, or transgender status or another person’s perception thereof.”  C.R.S 24-34-301(7).

Policy Code:   GBAA (III. – 40.)
Policy Name:  Sexual Harassment By Employees                                               
Adoption: November, 1995
Revised:
Reviewed: December, 2008

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

A learning and working environment that is free from sexual harassment shall be maintained. It shall be a violation of policy for any employee of the school district to harass another employee or student through conduct or communications of a sexual nature.

Sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature may constitute sexual harassment when:

1. Sex-oriented verbal “kidding”, abuse or harassment.

2. Pressure for sexual activity.

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

4. Unwelcoming touching, such as patting, pinching or constant brushing against another’s body.

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

Students, parents and staff should report instances of perceived sexual harassment to the building principal or appropriate supervisor in accordance with the district’s grievance policies. If the alleged harasser is the principal or supervisor with whom the complaint would be routinely filed, the student or employee should file the complaint with the Assistant Superintendent for Instruction or with the Superintendent who shall conduct a full investigation of the allegations. Any decisions relative to the allegations and subsequent investigation may be appealed in accordance with the grievance policies.

All matters involving sexual harassment complaints shall remain confidential to the extent possible.
Reporting sexual harassment shall not reflect upon the reporting individual’s status or affect future employment, work assignments or grades.

Legal Reference: 24 – 34 – 401 et seq.

Policy Code: GBAAA (VI. – 18.)
Policy Name: Teacher Employment Law
Adoption: November, 1995
Revised:                       
Reviewed: December, 2008

The Board of Education will follow the provisions of State law pertaining to the employment of teachers in public schools.

Policy Code: GBC (VI. – 31.)
Policy Name: Compensation and Fringe Benefits
Adoption:  November, 1995
Reviewed: Annually

Compensation and fringe benefits for all certified employees are established by the Board of Education and are reviewed and revised on an ongoing basis. The salary schedules attached to these policies are approved by the Board of Education and represent Board policy. The fringe benefits lists also attached are Board policy. The salary and fringe benefits of the Superintendent are to be set forth separately in contract form by the Board of Education.

Policy Code: GBCA (VI. 31 A.)
Policy Name: Administrative Salary Schedule
Reviewed:   Annually
Administrative Salary Schedule

Salary Schedule

Policy Code: GBCB (VI. – 31 B.)
Policy Name: Administrative Fringe Benefits Schedule
Adoption: November, 1995
Revised:  October,  2015
Reviewed:

  1. All of the district’s administrators and/or directors shall receive a term life insurance policy paid by the district in the amount of their annual salary rounded to the nearest $1,000.
  2. The district shall contribute the same monthly premium as provided the teachers in the group hospitalization and medical plan to administrators participating in the plan.
  3. All of the district’s administrators and/or directors are covered by Workman’s Compensation, unemployment insurance, and civil and criminal liability insurance subscribed to by the district.
  4. All of the district’s administrators and/or directors will receive 12 days of annual leave. Unused annual leave will accumulate as sick leave. During any given year, all leave days will first be counted against the 12 days of annual leave. When the 12 days are used, further absenteeism will be charged against the employee unless the time missed is due to sickness and accumulated sick leave is available. In the event that all accumulated sick leave is exhausted, further absenteeism will be charged against the employee on a per diem salary base.
  5. All of the district’s administrators and/or directors will be paid the 25th of each month or on the closest working day to the 20th.
  6. All school district administrators and/or directors shall be compensated at a rate established in Policy DKC for school related business trips taken outside the district in their own automobiles. Individuals are expected to travel together when possible on school business trips. When compensating travel for the supervision of athletic contests, only the designated supervisor(s) for the contest will be reimbursed for travel. All trips otherwise reimbursed shall not be reimbursed by the district. Travel from home to work or work to home is not reimbursable.
  7. All school district administrators and/or directors may subscribe to a district approved tax sheltered annuity program and have a designated monthly amount of salary deducted from their pay check and forwarded by the district to the annuity company.

**School district administrators include building principals, assistant principals, the assistant superintendent, and the two directors of learning systems. School district directors include the director of technology, director of buildings and grounds, director of transportation and director of food service.

 

Policy Code: GBCC (VI. – 31 C.)
Policy Name: Teachers Salary Schedule
Reviewed: Annually
Teachers’ Salary Schedule
Policy Code: GBCD (VI. -31 D.)
Policy Name: Extra Curricular Pay Scale Placement and Number of Paid positions.
Adoption: November, 1995
Revised: March, 2006
Revised: March 2008
Reviewed: December 2008

1. Placement of new head coaches, advisors, or directors on the extra curricular salary schedule shall recognize previous experience in the district in the following manner:

A. For each year of middle school coaching, advising or directing in the same activity, the coach, advisor or director will receive 1/2 year of experience credit on the high school extra curricular schedule in the same activity.

2. For each year of high school assistant coaching, advising or directing in the same activity, the coach, advisor or director will receive 1 year of credit on the extra curricular schedule as a head coach, advisor or director in the same activityt.

3.    For each year of high school or middle school coaching, advising or directing in the same activity, the coach, advisor or director will receive no years of credit for coaching, advising or directing at the same level of a different activity.

4. For each year of high school or middle school coaching, advising or directing in the same activity, the coach, advisor or director will receive no years of credit for coaching, advising or directing at a higher level of a different activity.

5. Guidelines shall be developed and used to determine the appropriate number of paid coaches, advisors or directors per activity. The Activities Director, after consultation with the appropriate Principal, the Assistant Superintendent for Business Services, and the Superintendent of Schools, shall set coach, advisor and director levels given the approved extra curricular pay scale and budget limitations.

Policy Code: GBCE (VI. – 31 E.)
Policy Name: Teachers’ Fringe Benefit Schedule
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

1. All district teachers, counselors and media specialists receive a $20,000.00 term life insurance policy paid for by the district.

2. Payment by the district toward the district approved group hospitalization and medical plan selected by the teacher at a level determined yearly by the Board of Education.

3. All district teachers, counselors, and media specialists are covered by Workman’s Compensation, unemployment insurance and civil and criminal liability insurance subscribed to by the district on their behalf.

4. District teachers, counselors, and media specialists may subscribe to a district approved tax sheltered annuity program and have a designated monthly amount of salary deducted from their pay check and forwarded by the district to the annuity company.

Policy Code: GBEA
Policy Name: Staff Ethics/Conflict of Interest
Date Adopted: August, 2015
Date Reviewed:

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

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

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

Moreover, to avoid a conflict of interest, the district prohibits an employee from exercising supervisory, appointment, dismissal authority, or disciplinary action over a member of the employee’s immediate family. For purposes of this policy, an employee’s “immediate family” includes his or her spouse, partner in a civil union, children and parents. The Board of Education grants the superintendent authority to allow (grandfather clause) established employees to continue to work for family members directly when beneficial to the district.

In addition, an employee may not audit, verify or be entrusted with moneys received or handled by a member of the employee’s immediate family. An employee shall not have access to the employer’s confidential information concerning a member of the employee’s immediate family, including payroll and personnel records.

LEGAL REFS.:  Constitution of Colorado, Article X, Section 13 (felony to make a profit on public funds)

C.R.S. 14-15-101 et seq. (Colorado Civil Union Act)
C.R.S. 22-63-204 (teachers receiving money for items sold to students/parents without written consent from Board)
C.R.S. 24-34-402 (1) (discriminatory and unfair employment practices)
C.R.S. 24-34-402 (1)(h) (nepotism provisions)
CROSS REFS.:  GBEB, Staff Conduct
GCE/GCF, Professional Staff Recruiting/Hiring
GDE/GDF, Support Staff Recruiting/Hiring

[Revised July 2013]

COLORADO SAMPLE POLICY 1990

 

Policy Code: GBEB
Policy Name: Staff Conduct and Responsibilities
Date Adopted: October 24, 2011
Date Reviewed:

All staff members have a responsibility to make themselves familiar with and abide by federal and state laws as these affect their work, and the policies and regulations of the district.
As representatives of the district and role models for students, all staff shall demonstrate and uphold high professional, ethical and moral standards.  Staff members shall conduct themselves in a manner that is consistent with the educational mission of the district and shall maintain professional boundaries with students at all times.  Interactions between staff members must be based on mutual respect and any disputes will be resolved in a professional manner.
Rules of conduct
Each staff member shall observe rules of conduct established in law which specify that a school employee shall not:
1. Disclose or use confidential information acquired in the course of employment to substantially further personal financial interests.
2. Accept a gift of substantial value or substantial economic benefit tantamount to a gift of substantial value which would tend to improperly influence a reasonable person in the position, or which the staff member knows or should know is primarily for the purpose of a reward for action taken in which the staff member exercised discretionary authority.
3. Engage in a substantial financial transaction for private business purposes with a person whom the staff member supervises.
4. Perform any action in which the staff member has discretionary authority which directly and substantially confers an economic benefit on a business or other undertaking in which the staff member has a substantial financial interest or is engaged as counsel, consultant, representative or agent.
The phrase “economic benefit tantamount to a gift of substantial value” includes a loan at a rate of interest substantially lower than the prevailing commercial rate and compensation received for private services rendered at a rate substantially exceeding the fair market value.
It is permissible for an employee to receive:
1. An occasional nonpecuniary gift which is insignificant in value.
2. A nonpecuniary award publicly presented by a nonprofit organization in recognition of public service.
3. Payment or reimbursement for actual and necessary expenditures for travel and subsistence for attendance at a convention or other meeting at which he or she is scheduled to participate.
4. Reimbursement for or acceptance of an opportunity to participate in a social function or meeting which is not extraordinary when viewed in light of the position.
5. Items of perishable or nonpermanent value including but not limited to meals, lodging, travel expenses or tickets to sporting, recreational, educational or cultural events.
6. Payment for speeches, appearances or publications reported as honorariums.
All staff members shall be expected to carry out their assigned responsibilities with conscientious concern.
It shall not be considered a breach of conduct for a staff member to:
1. Use school facilities and equipment to communicate or correspond with constituents, family members or business associates on an occasional basis.
2.  Accept or receive a benefit as an indirect consequence of transacting school district business.
Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities which shall be required of all personnel:
1. Faithfulness and promptness in attendance at work.
2. Support and enforcement of policies of the Board and regulations of the school administration in regard to students.
3. Diligence in submitting required reports promptly at the times specified.
4. Care and protection of school property.
5. Concern and attention toward the safety and welfare of students, including the need to ensure that students are appropriately supervised.
A staff member may request an advisory opinion from the secretary of state concerning issues relating to conduct that is proscribed by state law.
Child abuse
All district employees who have reasonable cause to know or suspect that any child is subjected to abuse or to conditions that might result in abuse or neglect must immediately upon receiving such information report such fact in accordance with policy JLF.
The superintendent is authorized to conduct an internal investigation or to take any other necessary steps if information is received from a county department of social services or a law enforcement agency that a suspected child abuse perpetrator is a school district employee.  Such information shall remain confidential except that the superintendent shall notify the Colorado Department of Education of the child abuse investigation.
Possession of deadly weapons
The provisions of the policy regarding public possession of deadly weapons on school property or in school buildings also shall apply to employees of the district.  However, the restrictions shall not apply to employees who are required to carry or use deadly weapons in order to perform their necessary duties and functions.
Felony/misdemeanor convictions
If, subsequent to beginning employment with the district, the district has good cause to believe that any staff member has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence for any felony or misdemeanor other than a misdemeanor traffic offense or infraction, the district shall make inquiries to the Department of Education for purposes of screening the employee.
In addition, the district shall require the employee to submit a complete set of fingerprints taken by a qualified law enforcement agency.  Fingerprints must be submitted within 20 days after receipt of written notification.  The fingerprints shall be forwarded to the Colorado Bureau of Investigation for the purpose of conducting a state and national fingerprint-based criminal history record check utilizing the records of the Colorado Bureau of Investigation and the Federal Bureau of Investigation.
Disciplinary action, which could include dismissal from employment, may be taken against personnel if the results of fingerprint processing provide relevant information. Non-licensed employees shall be terminated if the results of the fingerprint-based criminal history record check disclose a conviction for certain felonies, as provided in law.
Employees shall not be charged fees for processing fingerprints under these circumstances.
Unlawful behavior involving children
The Board may make an inquiry with the Department of Education concerning whether any current employee of the school district has been convicted of, pled nolo contendere to, or received a deferred or suspended sentence or deferred prosecution for a felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children.  Disciplinary action, including termination, may be taken if the inquiry discloses information relevant to the employee’s fitness for employment.
Parental notification requirement
If the district receives notice from a criminal justice agency of an employee’s arrest or charge for an offense for which parental notification is required, the district shall notify the parents/guardians of the students currently enrolled in the school of the employee’s arrest or charge. The district’s duty to notify shall apply to employees whose employment requires them to be in contact with students.  The district may also notify parents/guardians of other employee matters at the district’s discretion, consistent with federal and state law.
Personnel addressing health care treatment for behavior issues
School personnel are prohibited under state law from recommending or requiring the use of psychotropic drugs for students.  They are also prohibited from testing or requiring testing for a student’s behavior without giving notice to the parent/guardian describing the recommended testing and how any test results will be used and obtaining prior written permission from the student or from the student’s parent/guardian.  See policy JLDAC.  School personnel are encouraged to discuss concerns about a student’s behavior with the parent/guardian and such discussions may include a suggestion that the parent/guardian speak with an appropriate health care professional regarding any behavior concerns school personnel may have.
(Adoption date)
LEGAL REFS.:  C.R.S. 18-12-105.5
C.R.S. 18-12-214 (3)(b) (school security officers may carry concealed handgun pursuant to valid permit)
C.R.S. 19-3-308 (5.7)
C.R.S. 22-32-109(1)(ee) (duty to adopt policy prohibiting personnel from recommending certain drugs for students or ordering behavior tests without parent permission)
C.R.S. 22-32-109.1 (8) (policy requiring inquiries upon good cause to department of education for purpose of ongoing screening of employees)
C.R.S. 22-32-109.7
C.R.S. 22-32-109.8 (6) (requirement to terminate non-licensed employees for certain felony offenses)
C.R.S. 22-32-109.8 (10)
C.R.S. 22-32-109.9
C.R.S. 22-32-110 (1)(k)
C.R.S. 24-18-104
C.R.S. 24-18-109
1 CCR 301-83 (State Board of Education – parental notification rules)
CROSS REFS.: JLC, Student Health Services and Records
JLDAC, Screening/Testing of Students
JLF, Reporting Child Abuse/Child Protection
KFA, Public Conduct on School Property
NOTE:  This policy reflects the legal requirements with regard to the criminal activities of staff that may occur off-campus.  However, the Board may wish to consider whether additional rules of conduct for off-campus behavior are appropriate.  For example, the Board may require that employees charged with any crime involving violence or children report such charge to their supervisor within 24 hours so that the school personnel can determine whether it is appropriate for the employee to continue in his or her current position, especially if that position includes direct contact with students.  Any such additions to this policy should be made only with the advice of the district’s legal counsel.  There are legal concerns related to employees’ rights that must be considered.
[Revised June 2011]
COLORADO SAMPLE POLICY 1994

Policy Code:  GBEBA
Policy Name: Staff Dress Code
Adoption: March, 2001
Revised:
Reviewed: December, 2008

District employees project an image to the community and to students about the professionalism of the District. The dress and grooming of District employees shall be clean, neat and in a manner appropriate for their assignment and support the accomplishment of the Mission Statement, Vision Statement and Learner Goals. Additional standards may be established by supervisors and approved by the Superintendent.

Legal Reference: C.R.S. 22-32-109 (1) (CC)

Policy Code:  GBEC (III. – 38.)
Policy Name: Alcohol and Drug-Free Workplace                                                                               
Adoption:  November, 1995
Revised: November, 2013

The Board recognizes the importance of maintaining a workplace that is free from alcohol and drugs to enhance the safety and welfare of employees and students and ensure compliance with applicable law. Accordingly, it shall be a violation of Board policy for any district employee to possess, use or be under the influence of alcohol or illicit drugs on district property, in or on district vehicles, at any school-sponsored or district-sponsored activity or event, or off district property when the employee is on duty.
For purposes of this policy, “illicit drugs” means narcotics, drugs and controlled substances as defined in law. Although some actions involving marijuana are no longer prohibited by state law, federal law still prohibits the manufacture, sale, distribution, possession and use of marijuana. As a recipient of federal funds, the district has an obligation to maintain a drug-free workplace. Thus, marijuana is an illicit drug for purposes of this policy. “Illicit drugs” also includes any prescription or over-the-counter drug that does not meet the following four criteria:  (1) the employee has a current and valid prescription for the drug or the drug is sold over-the-counter; (2) the drug is used or possessed for the purpose for which it was prescribed or sold over-the-counter; (3) the drug is used or possessed at the dosage prescribed or recommended; and (4) the drug is used or possessed consistent with the safe and efficient performance of the employee’s job duties.
Observance of this policy is a condition of employment. A violation shall subject the employee to appropriate disciplinary action which may include suspension, termination and referral for prosecution. In appropriate circumstances and at the district’s sole discretion, disciplinary sanctions may include the completion of an approved drug or alcohol abuse assistance or rehabilitation program. Any such program shall be at the employee’s expense. However, the district is not required to offer rehabilitation in lieu of termination or other discipline to any employee who has violated this policy.
After investigation, the superintendent may reinstate an employee who has been suspended if it appears to be in the best interests of the district. The matter shall be reported to the Board of Education.

Drug-Free Workplace Act
Under the federal Drug-Free Workplace Act (the Act), the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in any district workplace. The Act defines “controlled substance” as a controlled substance in schedules I through IV of 21 U.S.C. section 812, which includes but is not limited to marijuana, cocaine, opiates, phencyclidine (PCP) and amphetamines (including methamphetamine).
Pursuant to the Act, any employee who is convicted or pleads nolo contendere under any criminal drug statute for a violation occurring in the workplace shall notify the superintendent no later than five days after the conviction. The district has an obligation under the Act to notify the appropriate federal agency within 10 days after receiving notice of such conviction if there is a relationship between federal funds received by the district and the convicted employee’s work site.

Awareness and prevention program
The superintendent shall establish an awareness and prevention program to inform employees about:
1.  The dangers of drug and alcohol abuse.
2.  The Board’s policy of maintaining an alcohol and drug-free workplace.
3.  Available drug and alcohol counseling, rehabilitation and employee assistance programs.
4.  Penalties that may be imposed upon employees for violations of this policy.
The Board shall conduct a periodic review of its awareness and prevention program to determine its effectiveness and implement appropriate changes.

Notification to employees
Information about the standards of conduct required by this policy shall be communicated to employees. All employees shall acknowledge receipt of this policy and related information.
(Adoption date)
LEGAL REFS.:  20 U.S.C. 7101 et seq. (Safe and Drug-Free Schools and Communities Act)
21 U.S.C. 812 (definition of controlled substance)
41 U.S.C. 8101 and 8102 (Drug-Free Workplace Act of 1988)
34 C.F.R. Part 84 (regulations implementing the Drug-Free Workplace Act)
Colo. Const. Art. XVIII, Section 16(6) (employers may restrict marijuana use, possession, sale, etc. by employees)
C.R.S. 18-18-407 (2) (crime to sell, distribute or possess any controlled substance on or near school grounds or school vehicles)
C.R.S. 25-1.5-106 (12)(b) (possession or use of medical marijuana in or on school grounds or in a school bus is prohibited)
C.R.S. 25-14-103.5 (boards of education must adopt policies prohibiting use of retail marijuana on school property)
CROSS REFS.:  EEAEAA*, Drug And Alcohol Testing For Bus Drivers
GCQF, Discipline, Suspension and Dismissal of Professional Staff
GDQD, Discipline, Suspension and Dismissal of Support Staff
JICH, Drug and Alcohol Involvement by Students
[Revised November 2013]

 

Policy Code:  GBED (III. –  42.)
Policy Name: Tobacco Use By Staff                                                           
Adoption: December, 1993
Revised:
Reviewed:  December, 2008

Use of all tobacco products by staff members of Manitou Springs School District 14 shall be prohibited at all times on school property, in all school owned buildings, and in any vehicle owned or leased by the school district.

Staff members are also prohibited from using tobacco while on duty in the presence of students, including trips away from school district property.

Staff members who violate the district’s use of tobacco policy shall be subject to the following disciplinary actions:

First Offense  – Verbal reprimand by supervisor
Second Offense  – Written reprimand by supervisor
Third Offense – Written reprimand by supervisor
Fourth Offense – Three-day suspension without pay
Fifth Offense – Dismissal for Insubordination

Violations shall be cumulative over the staff member’s term of employment with the district. The policy shall be effective January 1, 1994.

Legal Reference: 22 – 32 – 109 (l) (bb) – 110 (I) (f)

Policy Code: GBEE (IX. 19.)
Policy Name:   Staff Use of Electronic Information Resources
Adoption: September, 1998
Revised:
Reviewed: December, 2008

Electronic information resources, including all network access provided by School District 14, have vast potential to support curriculum and student learning. The Board of Education believes these resources should be used in schools as learning resource tools to educate and to inform.

Electronic information resources offer opportunities for both staff and students to:

1. Participate in distance learning activities
2. Ask questions of and consult with experts
3. Communicate with other staff, students, and individuals
4. Locate material to meet their educational and personal information needs

Network activities

1. Require students to think critically, analyze information and write clearly
2. Instill problem-solving skills
3. Hone computer and research skills that employers demand
4. Encourage an attitude of lifelong learning

Because of these education benefits, the Board believes the educational information and interaction available through the use of electronic information resources far outweighs the possibility that users engage in activities not consistent with the education goals of the District. Opportunities should be made available on a regular basis for parents to observe student use of these resources in the schools.

Electronic information resources provide a fluid environment in which information available to staff and students is constantly changing. The Board acknowledges that it is impossible to predict with certainty what information staff and students might locate. The electronic information available to students does not imply endorsement by the District of the content, nor does the district make any guarantee as to the accuracy of information received through these resources.

The district will make every effort to see that these educational resources are used responsibly by students. Administrators, teachers and staff have a professional responsibility to work together to help students develop the intellectual skills need to discriminate among information sources, to identify information appropriate to their age and developmental levels, and evaluate and use information to meet their educational goals.

The Board directs the Superintendent to develop procedures for staff and student exploration and use of electronic information resources. Such procedures should address issues of privacy, ethical use of information, illegal and/or unauthorized uses of the networks and morally acceptable usage.
Use of these education resources demands personal responsibility and an understanding of the acceptable use procedures for the electronic information resources provided by the district. Student and staff use of these resources is a privilege, not a right. General rules for behavior and communications apply when using these resources. Failure to follow the Acceptable Use Agreement attached to this policy will result in the loss of the privilege to use these educational tools.

Legal Reference: 47 U.S.C. 201 et seq.

Policy Code: GBGA
Policy Name: Use of Automated External Defibrillator (AED)
Date Adopted: January, 2013

The Board of Education authorizes the use of Automated External Defibrillation (AED) equipment as placed in District facilities. The placement and use of this equipment shall be consistent with the requirements under Colorado Law. CRS. § 13-21-108.1 (2004).
The Board of  Education authorizes training in the use of AED equipment to students as an extension of its health or physical education curriculum, however, no student, whether trained or untrained in the use of such equipment, shall be required to use such equipment in the case of an actual emergency. The Board of Education further authorizes training in the use of such AED equipment as an extension of its first aid training for staff. No staff member, whether trained or untrained, shall be required to use such equipment in the case of an actual emergency.

The placement of an AED shall require the involvement and approval of a licensed physician in the program to ensure compliance with all requirements for training, notification and testing. This physician shall be notified of all uses of an AED placed in the school. The District shall notify an agent of the applicable emergency communications or vehicle dispatch center of the existence, location, and type or AED prior to placement in the school.

Any person or entity whose primary duties do not include the provision of health care and who, in good faith and without compensation, renders emergency care or treatment by the use of an AED shall not be liable for any civil damages for acts or omissions made in good faith as a result of such care or treatment or as a result of any act or failure to act in providing or arranging further medical treatment, unless the acts or omissions were grossly negligent or willful and wanton. CRS § 13-21-108. 1 4(A) (2004). The immunity provided in this paragraph extends to the licensed physician who is involved with the AED site placement, the person or entity who provides the CPR and AED site placement, and the person or entity responsible for the site where the AED is located.

Notwithstanding any other requirements, any individual may use the AED during a medical emergency as a Good Samaritan under Colorado statutes.

 

Policy Code: GBGB
Policy Name: Staff Personal Security and Safety
Date Adopted: January 24, 2011
Date Reviewed:

Offenses against school employees
The following procedures shall be followed in instances of assault, disorderly conduct, harassment, knowingly false allegation of child abuse, or any alleged offense under the “Colorado Criminal Code” by a student directed towards a teacher or school employee.
These same procedures shall be followed in instances of damage by a student to the personal property of a teacher or school employee occurring on school district premises.
1. The teacher or employee shall file a written complaint with the building principal, the superintendent’s office and the Board of Education.

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

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

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

5. A copy of this policy shall be distributed to each student and posted in each school building.

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

LEGAL REFS.: C.R.S. 22-32-109.1(3) (policy regarding offenses against school employees required as part of safe schools  plan)
C.R.S. 22-32-109.1(9) (immunity provisions in safe schools law)
C.R.S. 22-32-126(5)(a) (communication of disciplinary information)
CROSS REFS.: ECAC, Vandalism
JK, Student Discipline
JKD/JKE, Suspension/Expulsion of Students

Policy Code:  GBGE
Policy Name: Staff Maternity/Paternity/Parental Leave
Adopted: April 25, 2011

Policy Code:  GBGE
Policy Name: Staff Maternity/Paternity/Parental Leave
Adopted: April 25, 2011
Revised: November, 2015

Maternity leave
Medically necessary sick leave for maternity purposes shall be available to any female employee who becomes pregnant.  The leave will be allowed during such period of the pregnancy and a reasonable time immediately following termination of the pregnancy as is medically necessary to safeguard the health of the mother and/or child.
1.  Determination of Necessity
The determination and designation of the period of time during which maternity leave is necessary may be initiated by either the employee or the school district.  Final determination of such period including the beginning, duration and end of the period shall be made by the Board of Education based on information provided by the employee, the employee’s physician, the administration and if deemed necessary, by a physician designated by the Board of Education.
2.  Reinstatement
An employee who has taken leave in accordance with this policy shall be assured reinstatement at the beginning of the first semester following the end of the period of time during which leave is necessary.  However, any leave granted shall in no way affect the powers or duties of the Board including but not limited to the nonrenewal of a contract of a probationary teacher.
3.  Notice
An employee who becomes pregnant shall be encouraged to notify the superintendent or designee regarding the pregnancy well in advance of the expected leave so that the district may make appropriate staffing decisions.  When an employee is no longer pregnant, she shall notify the superintendent or designee of this fact.
4.  Benefits
An employee on maternity leave for medical necessity as determined by the employee’s or the Board’s physician shall receive pay, insurance and other benefits to the same extent and on the same basis as sick leave used for other purposes.  Any additional leave granted by the Board for maternity purposes beyond that which is medically necessary shall be without pay or other benefits unless the provisions of the federally-mandated family leave policy apply.

Parental leave
The provisions of this section shall apply only after an eligible employee has used any applicable federally-mandated family leave.  Any days taken for family leave will be deducted from the total leave period allowed under this policy.
Parental leave of absence without salary and fringe benefits may be granted to staff members for the purpose of child rearing, child care or adoption. Parental leave may be granted for a period of time as dictated by FMLA / Policy GBGF.  The leave need not be taken all at once, but must be taken in increments which coincide with the planning needs of the district.
In determining whether to grant the leave request, the district will consider any special needs of the child, the staffing needs of the district and any other relevant factors. The district will grant parental leave without regard to the sex of the employee.
The request for leave will be made to the district’s personnel office.  If the parental leave request is refused by the personnel office, the staff member may appeal to the Board of Education.
As long as proper notice has been given of the employee’s intent to return to work, the district shall reinstate the employee and place him or her on the salary schedule at the appropriate level.  A teacher being reinstated shall be placed in a teaching position as nearly identical as possible to the position left at the commencement of the leave.  In no event shall a teacher be placed in a position for which he or she is not qualified or licensed.
The employee on parental leave may be permitted to substitute in the school district at the district-approved substitute rate of pay.
Nothing in this policy shall be construed to limit the powers or duties of the Board or administration to make employment decisions for the district including but not limited to nonrenewing a contract of a probationary teacher.
(Adoption date)
LEGAL REFS.:  29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
42 U.S.C.  2000e-2 (Title VII of the Civil Rights Act of 1964)
C.R.S. 19-5-211 (adoption statute)
NOTE:  Federal law requires that there be no discrimination based on pregnancy or maternity in any district policy, including sick leave.
[Revised January 2009]
COLORADO SAMPLE POLICY 1993

 

Policy Code:  GBGF
Policy Name: Federally-Mandated Family and Medical Leave
Adopted: August, 2013

This policy shall apply to all family and medical leaves of absence covered under the
Family and Medical Leave Act of 1993 (“FMLA”). Terms used in this policy and its accompanying regulation, such as “serious health condition,” “qualifying exigency,” “covered active duty,” “covered service member,” and “serious injury or illness” shall be as defined by the FMLA and its implementing regulations. The terms “partner in a civil union” and “domestic partner” shall be as defined by state law.

Eligibility
To be eligible for a family and medical leave of absence (FMLA leave) under this policy, an employee shall have been employed for at least 12 months and shall have worked at least 1,250 hours during the 12-month period preceding the commencement of the leave. A full-time classroom teacher shall be deemed to meet the hourly requirement but must also meet the 12-month requirement to be eligible for FMLA leave.
Permitted reasons for FMLA leave
An eligible employee shall be entitled to a combined total of 12 weeks’ leave per year for the following reasons:
1. The birth and care of the employee’s newborn child;
2. The placement of a child with the employee for adoption or foster care;
3. To care for the an employee’s spouse, partner in a civil union, domestic partner, parent or child with a serious health condition;
4. When the employee is unable to perform the essential functions of his or her position because of the employee’s own serious health condition; or
5. Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is on covered active duty in the Armed Forces or has been notified of an impending call or order to covered active duty in the Armed Forces.

Spouses, partners in a civil union and/or domestic partners who are both employed by the district shall be entitled to a total of 12 weeks of leave (rather than
12 weeks each) per year for reasons (1), (2), (3) and/or (5) specified in the immediately preceding paragraph.
Entitlement for childcare leave shall end after the child reaches age one or 12 months after adoption or foster placement. Leave to care for a child shall include leave for a step-parent or person in loco parentis.
An eligible employee who is a spouse, son, daughter, parent or next of kin of a covered service member with who is recovering from a serious injury or illness incurred or aggravated sustained in the line of duty on active duty shall be entitled to a total of 26 weeks of leave during a single 12-month period to care for the covered service member.
The single 12-month period shall begin on the first day the employee takes leave for this reason and shall end 12 months later. During that 12-month period, the eligible employee is entitled to a combined total of 26 weeks of leave under this policy. Only
12 weeks of the 26-week total may be for a FMLA-qualifying reason other than to care for a covered service member. Spouses who are both employed by the district shall be entitled to a total of 26 weeks (rather than 26 weeks each) in a single 12-month period if the leave is to care for a covered service member with a serious injury or illness, or a combination of caring for a covered service member and reasons (1), (2), (3) and/or (5) above.

Intermittent or reduced FMLA leave:

Leave may be taken on an intermittent or reduced leave schedule. The district may require the employee to transfer temporarily to an alternative position, which better accommodates recurring periods of absence or a part-time schedule provided that the position has equivalent pay and benefits. Teachers requesting intermittent or reduced leave involving greater than 20 percent of their working time during such period may, in the alternative, be required to take leave continuously for all or a specified part of the total period involved.
Intermittent leave or leave on a reduced schedule shall not be allowed because of the birth of an employee’s child and to care for a newborn child, or because of the placement of a child with an employee for adoption or foster care.
Health insurance and benefits
The district shall maintain coverage under any group health insurance plan for any employee who is granted an approved leave of absence under this policy for the duration of the leave. Such coverage shall be maintained at the same level and under the same conditions as coverage would have been provided if the employee were not on leave. The district reserves the right to seek reimbursement for this benefit in the event that an employee elects not to return to work, as allowed by law.
The use of FMLA leave shall not result in the loss of any employment benefit that accrued prior to the start of the FMLA leave.

Reinstatement after FMLA leave:

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

Development of procedures:

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

Compliance with governing law:

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

LEGAL REFS.: 29 U.S.C. 2601 et seq. (Family and Medical Leave Act of 1993)
29 C.F.R. Part 825 (regulations)
C.R.S. 14-15-107 (5)(r) (entitling a partner in a civil union to access family leave benefits)
C.R.S. 18-13.3-201 et seq. (Family Care Act)
CROSS REFS.: GBGG,  Staff Sick Leave
GBGK, Staff Legal Leave
GBGE, Staff Maternity/Paternity/Parental Leave
NOTE 1: The Family and Medical Leave Act (FMLA) provides that the district shall not be in violation of other federal laws such as those governing the district’s responsibility to educate children with disabilities solely as the result of an eligible employee taking family medical leave.
NOTE 2: The FMLA applies to all educational institutions, including school districts. However, an employee is only eligible for family and medical leave if he or she is employed at a worksite where at least 50 employees are employed within 75 miles.
File: GBGF
4 of 4
NOTE 3: For FMLA Fact Sheets, medical certification forms, request for leave forms and other information on the FMLA, visit the U.S. Department of Labor’s Wage and Hour Division Website:
http://www.wagehour.dol.gov or call the U.S. Department of Labor’s toll-free information and helpline, 1-866-4USWAGE (1-866-487-9243).
[Revised July 2013 April 2011/Revised March 2012]
COLORADO SAMPLE POLICY 1993©

Policy Code: GBGHI (VI. – 6.)
Policy Name: Jury Duty
Adoption: November, 1995
Revised:
Reviewed: December, 2008

All certified employees who are called for jury duty will be paid their regular salary while on jury duty. In turn, the employee must turn over all jury pay to the district.

Policy Code: GBKA (III. – 3.)
Policy Name: Grievance Procedure Certified Staff           
Adoption: November, 1995
Revised:
Reviewed: January, 2010

Building Principals, Directors and the Assistant Superintendents with grievances of any type should take their grievances to the Superintendent of Schools. If satisfaction is not gained at this level, the administrator may request a hearing before the Board of Education. All requests for Board hearings must be made through the Superintendent and only after the steps, outlined above, have been completed. The Superintendent is obligated to set up a meeting between the administrator and the Board as promptly as possible. All grievances must be received directly from an individual employee speaking on his/her own behalf. Decisions rendered by the Board of Education on grievances are final. The Assistant Principal should follow the same grievance procedure as Principals after taking the first step of grieving directly to the Principal under whom he/she serves.

Policy Code: GBK
Policy Name: Staff Concerns/Complaints/Grievances
Revised: April 2018

It is the Board’s desire that procedures for settling differences provide for prompt and equitable resolution at the lowest possible administrative level and that each employee be assured an opportunity for orderly presentation and review of complaints without fear of reprisal.

A “grievance” is defined as an alleged material violation of Board approved district administrative policies or administrative regulations that apply to all employees.

Nothing in this policy shall be construed to imply in any manner the establishment of personal rights not explicitly established by statute or administrative policy. Neither shall anything in this policy be construed to establish any condition prerequisite relative to nonrenewal of contracts, transfer, assignment, dismissal or any other employment decision relating to school personnel.

All employment decisions remain within the sole and continuing discretion of the administration and/or Board of Education, as appropriate, subject only to the conditions and limitations prescribed by Colorado law.

CONTRACT REF.:_________ Agreement, Article ____,

Policy Code: GBKA-R
Policy Name: Staff Concerns/Complaints/Grievances Employee Grievance Procedure
Adoption: November, 1995
Revised: April 2017

The employee may choose a person to assist him or her at any step of the grievance procedure. Any costs resulting from such assistance shall be the employee’s responsibility.

Individual or group grievances of employees shall be filed within 30 working days of the incident that is the subject of the grievance. Any grievance filed outside of this timeline shall not be considered pursuant to this regulation. A grievance shall be resolved as follows:

Step 1.  The grievance shall first be presented in writing to the persons having direct administrative or supervisory responsibility over the work of the employee involved in the grievance. The written grievance shall:  (1) explain the specific incident that is the subject of the grievance in sufficient detail; (2) include a description of prior attempts to resolve the matter and the results of these attempts; and (3) discuss the reasons why the employee(s) is/are not satisfied with the prior results. The supervisor or administrator shall render a written decision within 10 working days.

Step 2.  If the grievance is not solved at Step 1, the employee(s) may present the written grievance to the director of learning services who shall review the grievance and the report from Step 1 and render a written decision within 10 working days of receipt of the report from Step 1.

Step 3.  If the grievance is not solved at Step 2, the employee(s) may present the written grievance to the superintendent who shall conduct a hearing within 10 working days of receipt of the report from Step 2 and shall render a written decision within 10 working days of the hearing.

Step 4.  If the grievance is not solved at Step 3, the employee(s) may file a written request for review by the Board of Education, which will be held within 15 working days of receipt of the report from Step 3. The Board’s review of the grievance may be held in executive session at the request of the employee(s), the superintendent or the Board. The decision of the Board shall be final and shall be made in writing within 15 working days of the Board’s review.

Notwithstanding the steps of the grievance procedure described above, an employee may discuss any problem at any time with any district supervisor or administrator.

 

Policy Code: GBL                                                           
Policy Name: Retaliation                                      
Adoption: September, 2011

It is the policy of The Manitou Springs School Board that positive employee relations and morale can best be achieved and maintained in an environment that promotes ongoing open communication between administration, staff, faculty, and students, including open and candid discussions of problems and concerns. The School Board encourages administration, staff and students to express their issues, concerns or opinions without fear of retaliation or reprisal. Therefore, the School Board considers any acts or threats of retaliation to constitute a serious violation of School Board policy.
Retaliation is any action that has the effect of punishing a person for engaging in a legally protected activity, such as alleging discrimination, making a discrimination or harassment complaint, or assisting in a discrimination or harassment investigation. The EEOC has determined that there are three essential elements of a retaliation claim: 1) engaging in a legally protected activity, 2) an adverse employment action, such as suspension, demotion, or termination and, 3) a causal connection between engaging in the protected activity and the adverse employment action. Other examples of adverse employment actions include but are not limited to harassment, intimidation, threats or coercion, or a job reassignment as a method of retaliation. The District has the right to assign and transfer staff pursuant to policy GCKA, so long as assignments and transfers are not done as retaliation.
Retaliation against any person who seeks assistance from the offices of principal, supervisor, assistant superintendent, or superintendent, or who files a claim of discrimination, including sexual harassment, is prohibited. Direct or indirect retaliation against anyone who, in good faith, raises or points out legal/or compliance-related violations or issues is also prohibited. There shall be no retaliation against any participant or witness in an investigation of a complaint, grievance or compliance violation. Any employee who retaliates against a fellow employee or a student in violation of the law and/or this policy is subject to disciplinary action, up to and including termination of employment.

1. Procedures
All administrators, supervisors and principals should take proactive measures to assure staff or students that Manitou Springs Board of Education encourages the reporting of problems and prohibits retaliation or reprisal for reporting such problems. Allegations of retaliation will be investigated pursuant to the school district’s grievance procedure (Policy GBK-R). Any employee who is found to have retaliated against a fellow employee or a student in violation of the law and/or this policy is subject to disciplinary action, up to and including termination of employment.
An employee, who has a complaint of retaliation by anyone at work, including any supervisor, co-worker, should report such conduct to his or her supervisor. If the complaint involves the employee’s supervisor or someone in the direct line of supervision, the employee should go directly to the Assistant Superintendent. If the complaint involves the Assistant Superintendent, the employee should make a report to the Superintendent. If the complaint involves the Superintendent, the employee shall make a report to the President of the Board of Education.
Manitou Springs School District 14

Policy Code: GC (VI. – 1.)
Policy Name: Certified Staff Defined
Adoption: November, 1995
Revised: March 28, 2005
Reviewed: December 2008

School District 14 certified employees include:

1. Teachers, counselors, nurses, media specialists.
2.  Building assistant principals and principals.
3. Director of Technology; Classified or Certified depending upon the needs of the District.
4. Director of Special Programs.
5. Assistant Superintendent for Instructional Services.
6. Assistant Superintendent for Business Services: Classified or Certified depending upon the needs of the district.
7. Superintendent of Schools: Classified or Certified depending upon the needs of the district.

Policy Code:  GCA (VI. – 12.)
Policy Name:  Certification of Licensed Personnel
Adoption:  November, 1995           
Revised:  March, 2006
Reviewed: December 2008

It is the policy of the Board of Education to employ only those certified staff with proper Colorado certification or licensure as detailed in the Colorado Revised Statutes 22-60.5-101 to 22-60.5-404.  In addition, certified teachers will meet the licensing provisions of the Federal No Child Left Behind Act.

Policy Code:  GCAA (VI. – 16.)
Policy Name:  Contract Renewal  Certified Staff
Adoption: November, 1995
Revised:
Reviewed: December, 2008

Probationary certified staff members will be notified on or before June 1st of their employment status for the next school year.

Legal Ref: C.R.S. 22.63.203 (IV. – 3.)

Policy Code:  GCB (III. – 23.) (III. – 24.) (III. – 25.) (III. – 28.) (III. – 29.)
Policy Name: Administrative Contract Year
Adoption:  November, 1995
Revised: June, 2014

The contract year for administrators shall be determined from as per their individual contracts.
The days reflected below may be adjusted by the School Board to reflect changes in the adopted
school calendar.
Administrative salaries shall be paid in 12 monthly installments on the 25th of the month or on
the closest working day to the 25th should it occur on a holiday or weekend.

District certified administrators are listed below with their assigned number of workdays per year.
(**Note: The days have been adjusted to align with the current, adopted school calendar which shortened the school year to 165 student days but increased the length of the days)

District Level Administrators:

Superintendent 235 days
Assistant Superintendent 220 days
Director of Instructional & Special Programs 220 days

Building Level Administrators:

High School Principal 200 days
Middle School Principal 200 days
Elementary Principal 200 days
Assistant High School Principal 190 days
High School Athletic/Activities Director 190 days

Administrators, except the Superintendent, are to be paid a salary commensurate with their standing on the administrative salary schedule.
Administrative contracts, except that of the Superintendent, shall be approved by the Board of Education on or before June 1 of each year for the next school year.

 

Policy Code: GCBA (VI. – 23.)
Policy Name: Salary Schedule
Adoption: April 6, 1998
Revised: May, 2016

Certified staff members except the superintendent shall be paid a salary commensurate with their standing on the appropriate salary schedule. Adjustments to the active salary schedule shall be made by the Board of Education on a percentage basis. Certified staff may be placed at an appropriate salary dependent on market demand and/or district need.

 

Policy Code GCBA-R
Policy Name: Teachers/ Certified: Credit Hours and Salary Schedule movement (resource)
Adopted: June 2009
Revised: May 2016

Experienced teachers, new to the district, will be placed at an appropriate salary dependent on market demand and/or district need.

A salary increase may be added to the salary schedule per approval of the Board of Education. Approved increases will be applied as a percentage to each certified teacher’s salary.

The maximum teacher’s salary shall not exceed two and one-half times the minimum teacher’s salary; the minimum teacher’s salary is defined as the B.A. degree minimum.

The semester hours necessary to qualify for the BA+ or MA+ schedule must:

  • Have been earned subsequent to the completion of the highest degree and after qualifying for a teacher’s certification/license
  • Be graduate hours unless undergraduate hours are approved in writing by the administration before being taken.
  • All transcripts being used for movement on the salary schedule must be submitted to the District Office no later than September 10th of each year.
  • Teachers who are established on the salary schedule may not move more than one step horizontally unless they: have acquired a master’s degree (under such conditions they may be placed on step in the MA+0 column), or they have entered the salary schedule below their actual placement
  • A master’s degree is required to advance further that the MA+0 (5th) column.

Contract Year
There shall be a minimum of 170 teaching days in each school year. (A teaching day is typically considered 8 hours of teacher availability.) The work year for teachers shall be 176 days.

 

Policy Code: GCBB (VI. – 25.)
Policy Name:  Approval of Graduate Credit
Adoption: November, 1995
Revised:
Reviewed:  December, 2008

Salary schedule adjustments will be given only for hours taken since January 1, 1966. All hours to be applied to advancement on the salary schedule must be approved by the Assistant Superintendent for Instruction.

Policy Code: GCBE (VI. 31 E.)
Policy Name:  Certified Staff Leave
Adoption: November, 1995
Revised: June 22, 2001
Revised: June, 2005
Reviewed: December, 2008

All full time District teachers, counselors, and media specialists receive 8 days of annual leave each year. All District administrators receive 12 days of annual leave each year. Annual leave will be prorated for any staff contracted for less than full time. Annual leave may be used for any purpose by the employee. Unused annual leave will accumulate indefinitely  as accumulated leave. During any given year, all employee absenteeism  will first be deducted from that year’s annual leave. After that given year’s annual leave is exhausted, accumulated leave, if available, may be used for further absenteeism due to illness.

If an employee has used up all annual leave and needs to be absent due to a family emergency, accumulated leave may be used with the permission of the Superintendent. When all accumulated leave is exhausted, further absenteeism, will be charged against the employee at the daily rate of compensation for that employee.

The Superintendent may investigate the appropriateness of the use of leave for either illness or family emergency, and deny the use of, or cause to be charged against the employee, if such leave by the employee is determined inappropriate.

Policy Code: GCBEE
Policy Name: Compensation for Athletic/Activity Coverage
Date Adopted:  November 2012

Certified staff, from time to time, may be asked to cover a class period due to the regular teacher’s absence for athletic competition or school-sponsored activities. It shall be the policy of the district to compensate the teacher covering the class period as follows:

The certified staff member shall be paid 25% of the rate of a daily substitute teacher for each block covered.

Date Adopted: November 2012

Revised: August 2013

Policy Code: GCC (VI. – 28.)
Policy Name: Leave of Absence
Adoption:  November, 1995
Revised: December 2008

Any certified staff member may request a leave of absence from the district without pay. The request must include the reason and the starting and ending dates of the leave. The Board shall determine if the leave is to be granted and, if so, for what period of time based upon the staff member’s request and the needs of the district.

Policy Code: GCCA (VI. – 29.)
Policy Name:  Leave of Absence – Experience Increment
Adoption:   November, 1995
Revised:
Reviewed:  December, 2008

Staff members on leave of absence from the district do not receive an experience increment on the salary schedule for that year. If a leave is granted for part of a year the experience increment for that year will not be awarded unless the employee has worked more that 50% of the year’s contract.

Policy Code: GCCAA (III. – 33.)                                                   
Policy Name:  Sick Leave Bank                                                                       
Adoption:  November, 1995
Revised: August, 2011

A sick leave bank is established in the district for all classified employees who work 20 hours or more per week and all certified employees who work halftime or more. Employees not meeting this minimum requirement who are members of the bank in December 2008 may remain in the bank. The purpose of the bank is to provide additional sick days for participants who have extended illnesses causing them to use all annual and accumulated sick leave.
Any district employee, as defined above and new to the district, may join the sick bank by donating one day of leave to the bank within 30 days of their initial employment.  No employee may join the bank after their initial 30 days of employment; except those whose employment status increases from less than ½ time to ½ time or more (certified) or from less than 20 hours per week to 20 hours per week or more (classified). In such cases, the employee must join the bank within 30 days of this change of employment status.
In order to apply for days from the bank, the member must first have depleted all annual and accumulated sick leave. The participant must also provide a statement from his or her physician stating the nature of the illness and prognosis of time needed for recovery.
The number of days available for each member of the bank will be determined by the status of the member’s annual and sick leave accumulation when the extended illness occurs. The table below depicts the number of eligibility days for a member based on leave status.

Days of annual leave plus                                        Number of sick leave
accumulated sick leave on                                        bank days which may
first day of illness                                                            be requested
0                                                                                        4
1                                                                                        6
2                                                                                        8
3                                                                                      10
4                                                                                      12
5                                                                                      14
6                                                                                      16
7                                                                                      18
8 or more                                                                        20

Participants may not withdraw sick days from the bank more than twice during any school year.
Participants will add days to the sick leave bank through the “one day” yearly donation until a reserve of 200 days is accumulated in the bank. No further days will be added to the bank until the reserve has dropped to 150 days. Then, at the beginning of the school year immediately following the date the bank’s reserve has dropped to 150 days, a further day will be assessed each participant until the reserve is again at or above 200 days. The employee must contribute additional days as needed in order to remain a participant in the bank and shall designate if the added days are to be deducted from annual or accumulated leave.
A participant may withdraw from the bank at any time by submitting his/her intention to the Superintendent in writing. Any participant who withdraws forfeits all days he or she previously donated to the bank. The Board of Education will review the operation of the sick leave periodically to determine is it is in the best interests of the district’s fiscal management to continue the bank. Should the Board rescind this policy and dismantle the employee sick bank, each participant shall have the balance of his non-used contributed day(s) credited back to his individual accumulated leave account.

Policy Code: GCCAC (VI. – 30)
Policy Name: Reimbursement for Unused Accumulated Leave
Adoption: November, 1995
Revised: June, 2005
Reviewed: December 2008

Employees retiring from School District 14 shall be reimbursed for accumulated leave as follows.
To qualify, the employee must apply for and be approved for their PERA retirement.

Formula:*

1.  5-9 years of service at the time of retirement and not including the transition year:
20% of the base per diem pay up to 40 days total.

2.  10-14 years of service at the time of retirement and not including the transition year:
30% of the base per diem pay up to 50 days total.

3.  15-19 years of service at the time of retirement and not including the transition year:
40% of the base per diem pay up to 60 days total.

4. 20 years of service at the time of retirement and not including the transition year:
50% of the base per diem pay up to 100 days total

Calculation of per diem pay:

Teachers:  Minimum B.A. teacher salary as it appears on the salary schedule divided by the number of contract days.

Administrators/Directors: The lowest minimum Administrator and Director Salary Schedule salary for the position the employee holds at the time of retirement.   The per diem will be determined by dividing that base pay by the number of contract days specified for the administrator/director.

Classified:  The minimum hourly rate for the classification the employee holds at the time of retirement times the number of hours per day the employee worked at the time of retirement.

The district will endeavor to pay employees for unused accumulated leave in the month following retirement.

 

Policy Code: GCCACA (VI.-19.)
Policy Name: Maternity and Paternity Leave
Adoption: November, 1995                                                                       
Revised: March 28, 2005
Reviewed: December 2008

Employees who become pregnant or whose spouse becomes pregnant may use unused and accumulated sick leave (after annual leave is exhausted) for a maximum of 30 school days beginning with the birth of the child. These 30 school days must fall within 42 calendar days of the birth of the child.  If the employee chooses to stay at home with the baby beyond the 30 days allowed by this policy, he/she must apply for a leave of absence without pay.  The Board will determine the dates of this leave, if granted, based on the employee’s request, requirements of the Family Leave Act, and the needs of the district.

Policy Code: GCD (III. – 32.)
Policy Name: District Holidays                                                                        
Adoption: November, 1995
Revised: July 2014

The following 14 holidays are established by School District 14 for the full- time twelve month employees of the district:

Independence Day

Labor Day
Thanksgiving Day
The day after Thanksgiving
Christmas Eve Day
Christmas Day
The day after Christmas

Two days during the Christmas/New Year’s Period
New Year’s Eve Day
New Year’s Day
Martin Luther King’s Birthday
Washington’s Birthday
Memorial Day

When a holiday occurs on a Saturday or Sunday, the district will close on a weekday determined by the Superintendent to observe the holiday.

Should the Board of Education’s yearly adopted school calendar designate any of the above holidays as student attendance days, than all staff shall be expected to work on those days.

Nine and ten month employees shall follow the above holiday schedule as established in the yearly school calendar.

**Note: there are 14 holidays in a 260-day work year, 15 holidays in a 261-day work year, and 16 holidays in a 262-day work year. A work year consists of all Mondays thru Fridays, from July 1 thru the following June 30.

 

Policy Code: GCE (VI. – 9.)
Policy Name:  Advertising of Openings
Adoption: November, 1995           
Revised: August, 2016

All openings for employee positions shall be advertised internally and externally at the same time whenever possible.  However, given the scarcity of viable candidates for certain subject areas, the District reserves the right to select the candidate they feel will be most qualified to fill the position without posting the position when it is in the best interest of the district to do so.

Policy Code: GCEA (VI. – 10.)
Policy Name: Employee Applications
Adoption: November, 1995
Revised: March, 2006
Reviewed: December 2008

All applicants for employee positions must fill out the proper application and provide other information as listed on the application. Other information, such as credentials, may be required by the interviewer. Personal interviews shall be required before final recommendations for employment is made to the Board. Specific guidelines detailing the application and selection process shall be devleoped by the Superintendent.

Policy Code: GCEC (VI. – 11.)
Policy Name: Employment of District Personnel
Adoption: November, 1995
Revised:
Reviewed:  January, 2010

The primary purpose of this procedure is to assure that the best available candidate is selected for this position. See District 14 Employment Guidelines.
1. Vacancies
A. Notice of all certified vacancies shall be posted within the district from 1-5 days via e-mail and/or paper notices if practical.
B. All vacancies shall be advertised locally , regionally and nationally as appropriate.

2. Applications
a. All applications must be in writing.
b. All applications must include the following items: (Incomplete applications will not be considered.)
1. A complete district application
2. Up to date transcripts as appropriate
3. Credentials – teacher placement papers or 3 letters of reference
4. Valid Colorado teaching credentials (certified staff)
5. Up to date resume
6. No other information will be accepted at this time
c. Deadlines for applications will be set and adhered to unless the vacancy is other wise advertised. Applications received after deadline date may not be considered.

3. Review of applications
a. Applications shall be reviewed by the Superintendent or designee. He/she may enlist services of others with initial screening, rating and review.
b. No files may leave the central administration unless properly signed out on files form.

4. Interviews
a. Interviews will be set up and conducted by the appropriate administrator.
b. The interview team shall contain no less than three employees except as allowed in 4.
c. c. Upon approval from the Superintendent or designee, this policy may allow for alternate hiring procedures due to emergency and limited time situations.
d. Following the interviews, the administrator shall submit their recommendation to the superintendent for consideration.
e. The superintendent shall submit the request for employment to the Board of Education for approval or ratification.
f. When interviewing for certain positions, especially administrative, it may be appropriate to use a screening committee composed of administrators, teachers, other staff and community members. It will be the responsibility of the superintendent or designee to appoint this committee and designate a chairperson when this system is employed.

5. Offering of position
a. The administrator shall offer the position to the candidate, complete the salary request form, and explain the conditions of the contract.
b. Unsuccessful candidates that were interviewed for the position shall be notified personally or in writing when the position is filled.
c. Application materials will be kept on file for one year. (This policy does not pertain to the employment of the Superintendent.)

Policy Code: GCF (VI. – 8.)
Policy Name: Employment of Administrators
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

The Superintendent of Schools is responsible for setting up the interviewing team(s), selecting the final candidate and recommending for employment all district administrators below the level of Superintendent.

Policy Code: GCG-R

Policy Name: Substitute Teacher Pay

Adoption: February, 2014
Revised: July, 2016

The rate of pay for substitute teaching shall be according to the established salary schedule.
General Guidelines:
1. If a substitute teacher works for two teachers one-half day each, the substitute will be paid for one full day. (Both teachers will send in the “Certified Employee Excuse for Absence” form.)
2. The principal and the substitute will coordinate placement and hours so that equity exists.
3. After twenty (20) continuous days in the same position, a substitute teacher will be compensated at twice the district daily rate for a normal substitute assignment for the remaining days of the long-term assignment.

Policy Code: GCI (III. – 27.)
Policy Name: Administrative Professional Growth           
Adopted: November, 1995
Revised:
Reviewed: December, 2008

Administrators who go to summer school may do so on their working time and are not expected to use vacation time for professional educational study which is approved by the Superintendent as long as summer duties are completed.

Policy Code: GCIA (VI. – 24.)
Policy Name: Professional Growth Certified Staff
Adoption: November, 1995                       
Revised:
Reviewed: December, 2008

Certified employee contracts will be adjusted each September to reflect any approved hours of credit earned the previous 12 months. Credit earned by a certified employee will be applied to an upward adjustment of the contract only if proof of the earned hours in the form of a transcript or grade sheet is presented to the Superintendent’s office before September 1. Credits submitted after September 1 will not apply to contract adjustments until the following year.

Policy Code: GCID (III. – 21.)
Policy Name: Convention Attendance
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The Board of Education may appropriate funds to send administrators and other staff members to meetings and conventions of an educational nature.

Policy Code: GCKA (VI. – 17.)
Policy Name: Assignment of Certified Staff
Adoption: November, 1995                       
Revised:
Reviewed: December, 2008

The Superintendent, upon the advice of the principals and Assistant Superintendent for Instruction will make all assignments of certified staff within the system.

Policy Code: GCKAA (VI. – 13.)
Policy Name:  Reporting to Work – First Day
Adoption:  November, 1995           
Revised:
Reviewed: December, 2008

If a certified employee does not report to work on the appointed first day of the contract and does not request and receive permission from the Superintendent for reporting at a later date, the employee’s contract shall be null and void.
Policy Code:  GCM (VI. – 21.)
Policy Name: Contract Year
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The contract year for all certified staff members except the the superintendent shall be from August 15 to the following August 14.
Policy Code:  GCMA (VI. – 22.)
Policy Name: Counselor and Media Specialist Work Year
Adoption: November, 1995
Revised:
Reviewed: December, 2008

Counselors and the media specialist at the high school work 10 more days than the teachers and receive extra compensation for doing so. The middle school counselor works 5 more days than the teachers and receives extra compensation for doing so. Administrators’ work years are listed in the administrative salary schedule.

Policy Code: GCOA
Policy Name: Evaluation of Instructional Staff
Adoption: September, 2010
Reviewed:

The Board recognizes that sound appraisal of teaching performance is critical in achieving the educational objectives of the school district. The Board expects its supervisory and administrative staffs to exert reasonable efforts to help and encourage staff members to develop their teaching personalities and instructional abilities to an optimum degree.

In keeping with state law and Board policy, the performance evaluation system shall serve as a basis for the improvement of instruction, enhance the implementation of curricular programs, and measure professional growth and development and level of performance of licensed personnel. The evaluation system also shall serve as the measurement of satisfactory performance and documentation for dismissal for unsatisfactory performance.

The Board shall consult with district administrators, teachers, parents and the advisory school district personnel performance evaluation council in developing the evaluation system.
The basic requirements of the evaluation system shall be:

1. All licensed personnel, including full-time and part-time teachers, shall be regularly evaluated by administrators/supervisors who have a principal or administrator license and education and training in evaluation skills which will enable them to make fair, professional and credible evaluations of the personnel
whom they are responsible for evaluating.

2. Evaluations shall be conducted in a fair and friendly manner and shall be based on written criteria which pertain to good teaching and the staff member’s particular position.

3. Standards for satisfactory performance of licensed personnel and criteria which can be used to determine whether performance meets such standards shall be developed. One of the standards for measuring teacher performance shall be directly related to classroom instruction and shall include multiple
measures of student performance. The district personnel performance evaluation council shall be an active participant in the development of standards of performance.

4. All evaluation standards and criteria shall be given in writing to all licensed personnel and shall be communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

5. The system shall identify the various methods which will be used for information collection during the evaluation process such as direct and informal observation and peer, parent or student input obtained from standardized surveys. All data on which an evaluation judgment is based will be documented to the extent possible and available for the teacher’s review.

6. The evaluation system shall specify the frequency and duration of the evaluation process which shall be on a regular basis to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn. Probationary teachers shall receive at least two documented observations
and one evaluation that results in a written report every year. Non-probationary teachers shall receive at least one documented observation each year and at least one evaluation that results in a written report every three years.

7. All written evaluation reports shall be specific as to performance strengths and weaknesses, specifically identify when a direct observation was made, identify data sources, and contain a written improvement plan. The written improvement plan shall be specific as to what improvements if any are needed in performance.
The staff member concerned shall have an opportunity to review the document with the supervisor who makes the evaluation, and both shall sign it. The evaluation document shall be reviewed by a supervisor of the evaluator whose signature also shall appear on it. If the evaluatee disagrees with any of the conclusions or recommendations made in the evaluation report, he or she may attach any written explanation or other
relevant documentation.

8. The system shall contain a process to be followed when a teacher’s performance is deemed unsatisfactory. In accordance with state law, this process shall provide for a notice of deficiencies, a remediation plan and an opportunity to correct the deficiencies.

9. Teachers and/or Administrators may not record (i.e. audio, video) classroom instruction during observations unless both parties agree in writing prior to the observation.

The school district shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate the evaluation.
No minor deviation in the evaluation procedures shall invalidate the process or the evaluation report.

Nothing in this policy shall be construed to imply in any manner the establishment of any property rights or expectancy or entitlement to continued employment not explicitly established by statute, Board policy or contract. Neither shall this policy and/or the evaluation system be deemed or construed to establish any conditions prerequisite relative to renewal of contracts, transfer, assignment, dismissal or other employment decisions relating to school personnel.

Unless an evaluator acts in bad faith or maliciously with respect to the application of a procedure associated with the evaluation process, any misapplication of a procedure, failure to apply a procedure or adhere to a prescribed timeline shall not be an impediment to or prevent the Board from modifying an employee’s
contract status or assignment under the terms of the employment contract and state law. The content of the evaluation, the ratings given and any improvement or remediation plan shall not be grievable under the district’s formal grievance process.

All employment decisions remain within the sole and continuing discretion of the Board of Education, subject only to the conditions and limitations prescribed by Colorado law.

(Adoption date)
LEGAL REFS.: C.R.S. 22-9-101et seq.(Licensed Personnel Performance
Evaluation Act)
C.R.S. 22-63-301 (grounds for dismissal)
C.R.S. 22-63-302(8) (burden of proof)
CROSS REFS.: BDFA*, District Personnel Performance Evaluation Council
GCOE*, Evaluation of Evaluators
GCQF, Discipline, Suspension and Dismissal of
Professional Staff
IK, Academic Achievement
[Revised February 2008]
COLORADO SAMPLE POLICY 1990

Policy Code: GCOC
Policy Name: Evaluation of Administrative Staff
Date Adopted: January 24, 2011
Date Reviewed:

The Board shall institute and maintain a comprehensive program for the evaluation of all licensed administrative personnel, including principals.
The purpose of administrator evaluations shall be to assist administrators in developing and strengthening their professional abilities, improve the instructional program, enhance the implementation of curricular programs, and measure professional growth and development and level of performance of administrators. The evaluation system also shall serve as the measurement of satisfactory performance and documentation for an unsatisfactory performance dismissal proceeding under state law, if applicable.
The evaluation process shall provide for:
1. Cooperative planning of job performance objectives by administrator and evaluator.
2. Evaluation in relation to job description and objective accomplishments.
3. Means for self-evaluation.

The Board shall consult with district administrators, parents and the advisory school district personnel performance evaluation council when developing the process for evaluation of licensed administrators.  All licensed administrators or principals that administer, direct or supervise the instructional program shall be evaluated consistent with state law.

The basic requirements of the evaluation system as it pertains to licensedadministrators shall be:

1. All licensed administrators shall be regularly evaluated by properly licensed supervisors who have a principal or administrator license and education and training in evaluation skills which will enable them to make fair, professional and credible evaluations of the personnel whom they are responsible for evaluating.

2. Evaluations shall be conducted in a fair and friendly manner and shall be based on predetermined written criteria which pertain to the administrator’s position.

3. Standards for satisfactory performance of administrators and criteria which can be used to determine whether performance meets such standards shall be developed. The district personnel performance evaluation council shall be an active participant in the development of standards of performance.

4. Evaluation standards and criteria shall be given in writing to all administrators and shall be communicated and discussed by the person being evaluated and the evaluator prior to and during the course of the evaluation.

5. The system shall identify the various methods which will be used for information collection during the evaluation process such as direct and informal observation and peer, parent or student input obtained from standardized surveys. All data on which an evaluation judgment is based will be documented to the extent possible and available for the administrator’s review.

6. The evaluation system shall specify the frequency and duration of the evaluation process which shall be on a regular basis to ensure the collection of a sufficient amount of data from which reliable conclusions and findings may be drawn.

7. All written evaluation reports shall be specific as to performance strengths and weaknesses, specifically identify when a direct observation was made, identify data sources, and contain a written improvement plan. The written improvement plan shall be specific as to what improvements if any are needed in performance.  The administrator concerned shall have an opportunity to review the document with the supervisor who makes the evaluation, and both shall sign it. The evaluation document shall be reviewed by a supervisor of the evaluator whose signature also shall appear on it. If the superintendent is the evaluator, the signature shall be that of the president of the Board of Education.  If the administrator disagrees with any of the conclusions or recommendations made in the evaluation report, he or she may attach any written explanation or other relevant documentation.

8. The system shall contain a process to be followed when a principal’s performance is deemed unsatisfactory. In accordance with state law, this process shall provide for a notice of deficiencies, a remediation plan and an opportunity to correct the deficiencies.

The school district shall conduct all evaluations so as to observe the legal and constitutional rights of licensed personnel. No informality in any evaluation or in the manner of making or recording any evaluation shall invalidate the evaluation. No minor deviation in the evaluation procedures shall invalidate the process or the evaluation report.  The superintendent shall make regular reports to the Board concerning the outcome of administrator evaluations.

Nothing in this policy shall be construed to imply in any manner the establishment of any property rights or expectancy or entitlement to continued employment not explicitly established by statute, Board policy or contract. Neither shall this policy and/or the evaluation system be deemed or construed to establish any conditions prerequisite relative to renewal of contracts, transfer, assignment, dismissal or other employment decisions relating to school personnel.
Unless an evaluator acts in bad faith or maliciously with respect to the application of a procedure associated with the evaluation process, any misapplication of a procedure, failure to apply a procedure or adhere to a prescribed timeline shall not be an impediment to or prevent the Board from modifying an employee’s contract status or assignment under the terms of the employment contract and state law. The content of the evaluation, the ratings given and any improvement or remediation plan shall not be grievable under the district’s formal grievance process.
All employment decisions remain within the sole and continuing discretion of the Board of Education, subject only to the conditions and limitations prescribed by Colorado law.

LEGAL REFS.: C.R.S. 22-9-101et seq.(Licensed Personnel Performance Evaluation Act)
C.R.S. 22-32-109(1)(jj) (board’s duty to identify areas in which principals may need professional development)
C.R.S. 22-32-126 (employment and authority of principals)
C.R.S. 22-63-301 (grounds for dismissal)
C.R.S. 22-63-302(8) (burden of proof)
CROSS REFS.: BDFA*, District Personnel Performance Evaluation Council
GCOE*, Evaluation of Evaluators
GCQF, Discipline, Suspension and Dismissal of Professional Staff

NOTE: All licensed administrators who administer, direct or supervise the instructional programs are subject to the Licensed Personnel Performance Evaluation Act and must receive at least one documented observation each year and at least one evaluation that results in a written report every three years. State law requires that principals in their first three years of employment as principals receive one written evaluation in each of the first three years and at least one written evaluation every three years after that.

The basic requirements of the evaluation system set forth in this policy and the accompanying regulation contain the minimum legal requirements of the Act. However, the Board has discretion to fashion its own evaluation system as long as it meets the statutory requirements. Therefore, to be more consistent with actual practice, we have modified the frequency and reporting requirements from those contained in the Act.

Although the Act only applies to licensed administrators involved in instructional programs, this policy could be extended to make those requirements applicable to the evaluation of all administrators.

Policy Code:  GCQEB
Policy Name:  Transitional Retirement
Adoption:  July 26, 2004
Revised: January 2013

The Manitou Springs Board of Education shall consider requests for Transitional Retirement as permitted by PERA and PERA guidelines with the following conditions:
1. The employee must retire from Manitou Springs School District 14 and complete the retirement process with PERA.
2. The employee shall submit a letter requesting retirement and subsequent Transitional Retirement to the superintendent of schools. This request will be for employment within the District and must comply with all of PERA’s post retirement work regulations. The superintendent, or his/her designee, shall forward the request for the transitional retirement agreement to the Board of Education. The Board of Education may take up to 120 days to approve or deny the transitional retirement request.
3. The Board of Education shall make final approval of a Transitional Retirement by giving consideration to the needs of the District and recommendations from the immediate supervisor and the Superintendent.
4. The employee must be a classified or certified staff member with a minimum of five full and continuous years of employment in District 14. The five full and continuous years must be immediately prior to the request for a Transitional Retirement Plan.
5. If approved by the Board of Education:
A. The working retiree will serve as an “at will” employee. The Transition Retirement Agreement may be terminated at any time for any reason by either the retiree or the District with 30 days written notice. Prior termination by the District, the retiree has the right to meet with the Superintendent.
B. The working retiree may continue accessing employee health insurance benefits in accordance with Board Policy for regular employees.
C. The employee will receive no paid holidays, paid vacations, or paid leaves, including sick leave or access to the sick leave bank. Days not worked will result in a salary deduction of the per diem rate.
D. The working retiree will be paid at the same salary amount for the position in which he/she would have received had he/she not retired.  However, the District will reduce the salary to compensate for the employer PERA contribution.  Additionally, the working retiree will be required to pay a working retiree contribution to PERA. This working retiree contribution is set at the same rate as the member contribution rate for that employer and is applicable to all pay that is subject to employer contributions.  The working retiree contribution does not accrue an additional benefit.  Retirees are not eligible for a refund of these contributions.
E. The retiree must hold a current license or certificate appropriate for the position and be “highly qualified” under NCLB regulations.
6. The employee will sign a Transitional Retirement Agreement in which they waive any and all rights and remedies available under provisions of the Colorado Teacher Employment, Compensation and Dismissal Act, C.R.S. 22-63-101.
7. Under any Transitional Retirement agreement, the retiree’s appointment is subject to the laws of the State of Colorado, the Rules and Regulations of PERA, Manitou Springs School District 14 Board of Education policies, and administrative procedures during the retiree’s employment.
8. Under any Transitional Retirement agreement, the District shall not be responsible for the retiree’s continuing eligibility for PERA benefits.

Policy Code: GCQF (VI. – 3.)
Policy Name: Cause for Dismissal of Certified Staff
Adoption: November, 1995
Revised:
Reviewed:  December, 2008

The Board reserves the right to dismiss any certified staff member for incompetence, immorality, physical or mental disability, neglect of duty, insubordination, conviction of a felony, unsatisfactory performance, or other good and just cause.

Policy Code:  GCQFA (VI. – 4.)
Policy Name: Dismissal  Recommendation: Certified Staff
Adoption: November, 1995
Revised:
Reviewed: December 2008

If the district administration deems it necessary to dismiss, non-renew or reassign any certified employee, such recommendation will be made to the Board of Education for its decision.

Policy Name:  GCQG
Policy Code: REDUCTION IN FORCE
Adoption:   July 26, 2004
Revised:
Reviewed: December, 2008

I.            Definitions

1.            “Cancellation of employment means the termination of employment of a teacher when there is a justifiable reduction in the number of teaching positions in the school district by reason of fiscal exigency or program change.

2.            “Teacher” means any person who is regularly certified by the teacher certifying authority for the state of Colorado, and who is employed to instruct, direct, or supervise the instructional program, except those persons holding letters of authorization and the chief administrative officer of any school district.

3.            “Fiscal exigency” means any significant decline in the board of education’s ability to fund the operations of the district resulting from a decline in enrollment or other action or events.

4.            “Programs change” means any elimination, curtailment, or reorganization of curriculum, program, or operation, or a reorganization or consolidation of two or more individual schools. A program change need not be caused by fiscal exigency.

II.            General Grounds for Cancellation of Employment

Cancellation of employment may take place when the board of education decides that a fiscal exigency or a program change requires cancellation of one or more teaching positions. Such a decision may be made and may result in termination effected only in accordance with the procedure provided in the Reduction of Force policy.

III.             Board of Education’s Preliminary Determination and Statement

If the board decides that a state of fiscal exigency exists or is imminent, or a program change has occurred or should seriously be considered, and cancellation of employment of one or more teachers may be required, it shall prepare a statement that identifies with reasonable particularity the state of fiscal exigency or the program change. This statement shall be transmitted to the superintendent of schools and school district faculty.

IV.            Superintendent’s Action

Within twenty days after receiving the statement from the board, the superintendent shall submit to the board recommendations for canceling the employment of particular teachers in the areas or program designated by the board in its initial statements. When cancellation of a teaching position occurs within any particular endorsement area the contracts of first year probationary teachers who are occupying such positions shall be canceled first.

The superintendent will use the following three factors when recommending a teacher for cancellation of employment:

1.              The needs of the district to preserve academic excellence and meet the needs of children.
2.             The area of specialty for which a teacher was hired.
3.             Past teaching performance and future teaching potential.  To be determined in part by current and past evaluations.

The superintendent shall deliberate with the district Leadership Team to jointly develop a fair process and appropriate criteria in consideration of these three factors.

Other factors which might be considered are:

1.            Professional experience including experiences an administrator,
2.            Level of education,
3.            Length of Service,
4.            Affirmative action considerations,
5.            Extracurricular involvement.

The salary of a teacher being considered for cancellation of employment shall not be a consideration in the superintendent’s recommendation.

V.            Notice to Individual Teacher

If, after considering the superintendent’s recommendation, the board acts to cancel employment, it shall give written notice of that fact by registered mail, return receipt requested, to the teacher to be terminated. The notice shall include a statement of the conditions requiring termination of employment, a general description of the procedures followed in making the decision, and a disclosure of pertinent financial or other data on which the decision was based. The teacher’s address as it appears in the school district’s records shall be deemed to be the correct address. It shall be the teacher’s responsibility to insure that the district has his or her current address on file.

VI.            Review of Individual Cancellations

Within ten days after receiving a notice of termination, a teacher may request a review of the action by the board of education. The board of education may delegate the responsibility for conducting a hearing to an impartial hearing officer elected by the board. When appropriate, more than one case can be heard at the same time. Review may occur solely to determine the following:

1.            Was there rational basis to determine that a fiscal exigency existed or a program change was necessary or appropriate; or
2.            Was the cancellation procedure arbitrary or capricious; or
3.            Was the decision to cancel the employment of the teacher arbitrary or capricious?

The request for review must be in writing and addressed to the president of the board of education. It must specify the grounds on which it is contended that the decision was improper under this policy and must include a short, plain statement of facts that the employee believes support the contention.

Submission of such a request constitutes a representation on the part of the teacher that he or she can support the contention by factual proof.

The board shall consider the request and shall schedule a hearing to be held within ten days after the request is received. The teacher shall be given at least five days notice of the hearing.

VII.            Conduct of the Hearing

The hearing shall be conducted informally and, upon agreement of both sides, in private.

Counsel may represent the teacher. The school district shall have no obligation to pay for the service of counsel representing the teacher. A board member who has a significant conflict of interest should ask to be disqualified by the board’s adoption of motion of disqualification. A recorded transcription of the proceedings will be maintained. The board or hearing officer may consider only such evidence as is presented at the hearing, and it need consider only the evidence that it considers fair and reliable.

After the superintendent or counsel completes the presentation, the board shall consider the matter in executive session or the hearing officer may take the matter under advisement. A decision shall be made within fourteen days following the completion or the hearing.

VIII.            Exclusive Procedure

This Reduction in Force Policy represents the only procedure that may be used in a Reduction in Force involving a teacher. 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 reduction in force may be considered under this procedure.

Policy Code: GD (VII. – 1.)
Policy Name:  Classified Employees Defined
Adoption:  November, 1995
Revised: March 28, 2005
Revised: September, 2011

Classified staff employees, unless otherwise designated by contract, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy.  Support staff members shall be employed for such time as the district is in need of or desirous of the services of such employees.

School District 14 classified employees includes but is not limited to the following:
1. Assistant Superintendent: Classified or Certified depending upon the needs of the district.
2. Coordinator of Technology: Classified or Certified depending upon the needs of the District.
3. Director of Buildings and Grounds.
4. Director of Food Services.
5. Director of Transportation.
6. Coordinator of Custodial Services
7. All secretaries, administrative assistants, para educators, media technicians, computer technicians, and accounts payable, payroll and benefits, and financial & reporting reconciliation staff.
8. All bus drivers, food services employees, custodians and grounds persons.
9. Superintendent of Schools: Classified or Certified depending upon the needs of the district.

Policy Code:  GDBD (VII. – 24.)
Policy Name: Classified Staff Leave
Adoption: November, 1995
Revised: January 22, 2001
Revised: June, 2005                                                                                               
Reviewed: December, 2008

Classified employees who work more than 202 days per year receive 12 days annual leave each year. Classified employees working 202 days or less receive 8 days of annual leave yearly. The yearly anniversary date for adding annual leave shall be July 1.  After a classified employee has started work with the district, the employee shall receive one leave day for each 20 days worked.  After the employee has been awarded 6 leave days ( having been employed a minimum of 120 days) the employee shall be eligible to receive next year’s full complement of leave on the next anniversary date. If an employee has not been awarded 6 days leave before the next anniversary date, leave will continue to be awarded on a 1 day of leave for each 20 days worked until the next anniversary date. The annual leave may be used by the employee for any purpose. Unused annual leave will accumulate indefinitely as accumulated leave.

During any given year, all employee absenteeism will first be deducted from that year’s annual leave. After that given year’s annual leave is exhausted, accumulated leave, if available, may be used for further absenteeism due to illness.

If an employee has used up all annual leave and needs to be absent due to a family emergency, accumulated leave may be used with the permission of the Superintendent.  When all accumulated leave is exhausted, further absenteeism, will be charged against the employee at the daily rate of compensation for that employee.

The Superintendent may investigate the appropriateness of the use of leave for either illness or family emergency, and deny the use of, or cause to be charged against the employee, if such leave by the employee is determined inappropriate.

A day of leave per employee is defined as the same number of hours as a work day for the employee.  Thus, an employee who works 4 hours per day for 180 days per year receives 8 four hour days of annual leave per year.

Employees who work full days and work less than full time will have their annual leave days pro rated relative to the percent of full time worked.

Policy Code: GDC (VII. – 22.)
Policy Name:  Classified Compensation Increases
Adoption: November, 1995
Revised:  Annually
Reviewed: December 2008

Any twelve month classified employee who was hired and began work prior to January 1 and any nine month classified employee who was hired and began work on or before the first day of the second semester of the school year will receive a full increment  on the salary schedule for the following July 1 annual compensation adjustments. Classified employees who do not meet these criteria will remain on the same salary schedule step when compensation adjustments are made.

Policy Code: GDCE (VII. – 17.)
Policy Name:  Classified Group Health and Hospitalization
Adoption:  November, 1995
Revised:           
Reviewed: December, 2008

All full time classified employees are eligible to participate in one of the district’s hospitalization and medical plans and the district will contribute to the monthly premium of that plan at the same level approved for teachers.

Policy Code:  GDCF (VII. – 18.)
Policy Name: Classified Term Life Insurance
Adoption: November, 1995
Revised:
Reviewed: December, 2008

The Assistant Superintendent for Business Services, the Director of Buildings and Grounds, the Director of Transportation, and the Director of Food Service are each provided a term life insurance policy by the district in the amount of their annual salary rounded up to the nearest $1,000. All other classified employees receive an annual $20,000.00 term life insurance paid for by the district.

Policy Code: GDCG (VII. – 20.)
Policy Name: Classified Employee Fringe Benefits
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

All classified employees are covered by Workman’s Compensation, unemployment insurance, and liability insurance provided for by the district.

Policy Code: GDCH (VII. – 21.)
Policy Name: Classified Salary Schedules /Annual Compensation Adjustment
Adoption:  November, 1995
Revised: May, 2016

Annual compensation adjustments for all classified employees occur July 1 of each year.

Classified salary schedules will be a single number for each job classification. Employees may be placed at an appropriate wage dependent on market demand and/or district need.   Once a salary has been established for the classified employee, he/she will receive the same percentage increase as all employees when approved by the Board of Education.   From time to time, there may be additional increases to the classified salary numbers to remain, at a minimum, at the area average for that job classification.

Policy Code: GDD (VII. 11.)
Policy Name: Vacation – Classified Staff
Adoption: November, 1995
Revised:
Reviewed:  December, 2008

Classified employees are eligible for 10 days vacation each year during the first five years of employment with the district and 15 days each year thereafter. Vacation days must be taken during the summer months when school is not session unless otherwise approved by the Superintendent. Grounds employees must take vacation days during the school year unless otherwise approved by the Superintendent. To qualify for 10 days vacation, first year employees must have been in the employ of the district for at least 9 months prior to the start of any vacation. The number of vacation days for first year employees not having completed 9 months prior to June 1 will be prorated accordingly. Vacation days may not be accumulated. If they are not used during the July 1 through June 30 work year, they are forfeited unless special arrangements are approved by the Superintendent.

Policy Code: GDDA  (VII. -12.)
Policy Name:  Payment for Earned Vacation
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

Classified employees resigning their employment with the district having given two weeks notice will be entitled to receive payment for any earned vacation time.

Policy Code: GDE
Policy Name: Support Staff Recruiting/Hiring
Date Adopted: January 24, 2011
Date Reviewed:

The Board shall establish and budget for classified positions in the school district on the basis of need and the financial resources of the district.

Recruiting
The recruitment and selection of candidates for these positions shall be the responsibility of the superintendent or designee who shall confer with principals and other supervisory personnel in making a selection.  Only qualified paraprofessionals, as defined by the No Child Left Behind Act of 2001, shall be hired to provide instructional support for students in Title I Schoolwide and Targeted Assistance Programs.
All vacancies shall be made known to the present staff.  Anyone qualified for a position may submit an application.

Background checks
Prior to hiring any person, in accordance with state law the district shall conduct background checks utilizing established school district protocols and by contacting previous employers regarding the applicant’s fitness for employment.  In all cases where credit reports are used in the hiring process the district shall comply with the Fair Credit Reporting Act.
All applicants recommended for a position in the district shall submit a set of fingerprints and a notarized form with information about felony or misdemeanor convictions as required by law.  (This requirement shall not apply to any student currently enrolled in the district applying for a job.)  Applicants may be conditionally employed prior to receiving the fingerprint results.

Hiring
There shall be no discrimination in the hiring process on the basis of race, color, creed, sex, sexual orientation, religion, national origin, ancestry, age, marital status or disability.
The Board shall officially appoint all employees upon the superintendent’s recommendation; however, temporary appointments may be made pending Board action.
Upon the hiring of any employee, information required by federal and state child support laws will be timely forwarded by the district to the appropriate state agency.

LEGAL REFS.:  15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)
20 U.S.C. 6319 (paraprofessional requirements under No Child Left Behind Act of 2001)
42 U.S.C. 653 (a) (Personal Responsibility and Work Opportunity Reconciliation Act)
34 C.F.R. 200.58, 200.59 (federal regulations regarding paraprofessional qualifications)
C.R.S. 13-80-103.9 (liability for failure to perform an education employment required background check)
C.R.S. 14-14-111.5 (Child Support Enforcement procedures)
C.R.S. 22-2-119 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109(1)(f) (Board duty to employ personnel)
C.R.S. 22-32-109.7 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109.8 (fingerprinting requirements for non-licensed positions)
C.R.S. 24-5-101 (effect of criminal conviction on employment)
C.R.S. 24-34-402 (1) (discriminatory and unfair employment practices)
CROSS REFS.: GBA, Open Hiring/Equal Employment Opportunity
GDA, Support Staff Positions
GDAA*, Title I Paraprofessionals

NOTE:  Specific procedures for background checks, fingerprinting and submission of child support information need to follow as a regulation.  The regulation might also include specific procedures for making applications, for screening and for selection of candidates to be recommended to the Board.

Policy Code: GDF (VII. – 29.)
Policy Name: Fingerprints
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

All classified employees must submit a set of fingerprints and applicant oath with their application materials. These materials must be provided to the district prior to the employee’s first work day in the district. The fingerprints will be sent to the Colorado Bureau of Investigation which will, in turn, send them to the Federal Bureau of Investigation for processing. When the processing report is received by the district it will be checked against the information provided the district by the applicant on the application and oath. Any discrepancies in information provided by the applicant and the processing report may result in immediate dismissal of the employee.

Policy Code: GDGHI (VII. – 14.)
Policy Name: Classified Jury Duty
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

Any classified employee called for jury duty during working hours will be paid his/her regular salary while serving on jury duty. In turn, the employee must turn over the jury pay to the district.

Policy Code: GDJ (VII. – 9.)
Policy Name:   Reassignment or Dismissal of Classified Staff           
Adoption:  November, 1995
Revised:
Reviewed: December, 2008

The appropriate supervisors shall be responsible for recommending to the Superintendent the reassignment or dismissal of any classified employee under their supervision.

Policy Code: GDJA (VII. – 13.)
Policy Name: Authority to Dismiss or Re-Assign
Adoption: November, 1995
Revised:           
Reviewed: December, 2005

The Board of Education gives the Superintendent authority to dismiss or re-assign any classified employee employee provided that due process is given the employee and full explanation of cause is given the Board by the Superintendent.

Policy Code: GDK (VII. – 2.)
Policy Name: Grievance Procedure – Classified Staff
Adoption: November, 1995           
Revised:
Reviewed:  December, 2008

Any classified employee with a grievance should take the grievance directly to his/her immediate supervisor. If satisfaction is not gained at that level, the employee may file the grievance with the Superintendent of Schools. If, having seen the Superintendent, the employee is still dissatisfied, a hearing before the Board of Education may be requested. A request to meet with the Board must be made through the Superintendent who is obliged to set up a meeting between the employee and the Board as promptly as is reasonable. All grievances must be received directly from an individual employee speaking on his/her behalf. All decisions of the Board concerning employee grievances are final.

Policy Code:  GDQD                                                                                   
Policy Name: Discipline, Suspension and Dismissal of Support Staff
Adopted: April 25, 2011

Support staff employees, unless otherwise designated by contract, shall be considered “at will” employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy.  Support staff members shall be employed for such time as the district is in need of or desirous of the services of such employees.

The Board delegates to the superintendent the authority to dismiss classified personnel. The superintendent may delegate this authority to other appropriate personnel such as the director of personnel. All dismissals of classified employees shall be reported to the Board at its next regular meeting.

The superintendent also may suspend employees from their assignments as a disciplinary measure, with or without pay.

If an employee is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the superintendent is delegated the responsibility for notifying the Colorado Department of Education (CDE) as soon as possible but no later than ten (10) business days after such dismissal or resignation.  The superintendent shall provide any information requested by the department concerning the circumstances of the dismissal or resignation.  The district also shall notify the employee that information concerning the dismissal or resignation is being forwarded to CDE unless such notice would conflict with the confidentiality requirements of the Child Protection Act.

If the district learns that a current employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent shall immediately report this information to CDE.

The district shall not obtain consumer credit reports on a current employee unless the district is evaluating the employee for promotion, reassignment or retention.  In all cases where credit reports are obtained and/or relied upon for purposes of reassigning, terminating or denying the promotion of an employee, the district shall comply with the Fair Credit Reporting Act.

LEGAL REFS.:  C.R.S. 19-3-301 et seq. (Child Protection Act of 1987)
C.R.S. 22-2-119 (duty to make inquiries prior to hiring)
C.R.S. 22-32-109.7(specific duties regarding hiring inquiries and reporting)
C.R.S. 22-32-110 (1)(h) (power to discharge/terminate employment)
C.R.S. 22-32-126 (3)(principals recommend employment actions)
15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)
CROSS REF.: GD, Support/Classified Staff

NOTE:  State law prohibits school districts from entering into a settlement agreement that would restrict the district’s ability to share any relevant information related to a conviction for child abuse or a sexual offense against a child and that pertains to the incident upon which the employee’s dismissal or resignation is based.  C.R.S. 22-32-109.7(3).

[Revised by CASB July 2008]

Superintendent’s Corner

longfieldWelcome to Manitou Springs School District 14 — where children receive a world-class education in a small public school setting. In fact, we are the last small public school system in the Colorado Springs metropolitan area. Our mission is to establish deep, meaningful relationships with our students, their parents, and our community.

Read More

             

Manitou Springs School District