SECTION 5 - PERSONNEL

5:10 Equal Employment Opportunity and Minority Recruitment

5:20 Sexual Harassment

5:21 Staff Harassment Policy

5:30 Hiring Process and Criteria

5:30-AP2 Administrative Procedure - Investigations

5:40 Communicable and Chronic Infectious Disease

5:50 Drug- and Alcohol-Free Workplace

5:60 Expenses

5:70 Religious Holidays

5:80 Court Duty

5:90 Abused and Neglected Child Reporting

5:100 Staff Development Program

5:101 Staff Access To Electronic Network

5:102 Staff Use of Cell Phones

5:110 Recognition For Service

5:120 Ethics

5:121 Fraud

5:122 Communications

5:140 Solicitations By or From Staff

5:150 Personnel Records

5:170 Copyright For Publication or Sale of Instructional Materials and Computer Programs Developed By Employees

5:172 Tax Sheltered Annuities

5:180 Temporary Illness or Temporary Incapacity

5:185 Family and Medical Leave

5:190 Teacher Qualifications

5:200 Terms and Conditions of Employment and Dismissal

5:202 Teachers’ General Responsibilities

5:204 Compensation

5:206 Vocational Teachers’ Salary

5:210 Resignations and Retirement

5:220 Substitute Teachers

5:230 Maintaining Student Discipline

5:240 Suspension

5:250 Leaves of Absence

5:260 Student Teachers

5:270 Employment At-Will, Compensation, and Assignment

5:280 Duties and Responsibilities

5:285 Drug and Alcohol Testing For School Bus and Commercial Vehicle Drivers

5:290 Employment Termination and Suspensions

5:300 Schedules and Employment Year

5:310 Compensatory Time-Off

5:320 RESERVED

5:330 Sick Days, Vacation, Holidays and Leaves

The School District shall provide equal employment opportunities to all persons regardless of their race, color, creed, religion, national origin, sex, sexual orientation, age, ancestry, marital status, arrest record, military status, order of protection status, or unfavorable military discharge, citizenship status provided the individual is authorized to work in the United States, use of lawful products while not at work, being a victim of domestic or sexual violence, genetic information, physical or mental handicap or disability, if otherwise able to perform the essential functions of the job with reasonable accommodation, and other legally protected categories. 

Persons who believe they have not received equal employment opportunities should report their claims to the Nondiscrimination Coordinator and/or a Complaint Manager for the Uniform Grievance Procedure.  These individuals are listed below.  No employee or applicant will be discriminated or retaliated against because he or she initiated a complaint, was a witness, supplied information, or otherwise participated in an investigation or proceeding involving an alleged violation of this policy or State or federal laws, rules or regulations, provided the employee or applicant did not make a knowingly false accusation nor provide knowingly false information.

The Superintendent shall appoint a Nondiscrimination Coordinator for personnel who shall be responsible for coordinating the District’s nondiscrimination efforts.  The Nondiscrimination Coordinator may be the Superintendent or a Complaint Manager for the Uniform Grievance Procedure.  The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers.

The Superintendent shall also use reasonable measures to inform staff members and applicants that the District is an equal opportunity employer, such as, by posting required notices and including this policy in the appropriate handbooks.

 Minority Recruitment

The District will attempt to recruit and hire minority employees. The implementation of this policy may include advertising openings in minority publications, participating in minority job fairs, and recruiting at colleges and universities with significant minority enrollments.  This policy, however, does not require or permit the District to give preferential treatment or special rights based on a protected status without evidence of past discrimination.

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

Americans With Disabilities Act, Title I, 42 U.S.C. §12111 et seq.

Civil Rights Act of 1991, 29 U.S.C. §§621 et seq., 42 U.S.C. §1981 et seq., §2000e et seq., and §12101 et seq.

Equal Employment Opportunities Act (Title VII of the Civil Rights Act of 1964), 42 U.S.C. §2000e et seq., 29 C.F.R. Part 1601.

Equal Pay Act, 29 U.S.C. §206(d).

Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq.

Immigration Reform and Control Act, 8 U.S.C. §1324a et seq.

Rehabilitation Act of 1973, 29 U.S.C. §791 et seq.

Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq.

Pregnancy Discrimination Act, 42. U.S.C. §2000e(k).

Title IX of the Education Amendments, 20 U.S.C. §1681 et seq., 34 C.F.R. Part 106.

Uniformed Services Employment and Reemployment Rights Act (1994), 38 U.S.C. §§4301 et seq.

Ill. Constitution, Art. I, §§17, 18, and 19.

105 ILCS 5/10-20.7, 5/10-20.7a, 5/10-21.1, 5/10-22.4, 5/10-23.5, 5/22-19, 5/24-4, 5/24-4.1, and 5/24-7.

Genetic Information Protection Act, 410 ILCS 513/25.

Ill. Whistleblower Act, 740 ILCS 174/.

Ill. Human Rights Act, 775 ILCS 5/1-103 and 5/2-102.

Religious Freedom Restoration Act, 775 ILCS 35/5.

Ill. Equal Pay Act of 2003, 820 ILCS 112/.

Victims’ Economic Security and Safety Act, 820 ILCS 180/30.

23 Ill.Admin.Code §1.230.

CROSS REF.:         2:260 (Uniform Grievance Procedure), 5:20 (Workplace Harassment Prohibited), 5:30 (Hiring Process and Criteria, 5:40 (Communicable and Chronic Infectious Disease), 5:70 (Religious Holidays), 5:180 (Temporary Illness or Temporary Incapacity), 5:200 (Terms and Conditions of Employment and Dismissal), 5:250 (Leaves of Absence), 5:270 (Employment, At-Will, Compensation, and Assignment), 5:300, (Schedules and Employment Year), 5:330 (Sick Days, Vacation, Holidays, and Leaves), 7:10 (Equal Educational Opportunities), 7:180 (Preventing Bullying, Intimidation, and Harassment), 8:70 (Accommodating Individuals with Disabilities)

ADOPTED:            April 20, 1999

REVISED:             June 23, 2008

                              April 19, 2010

5:10 

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The School District shall provide employees an employment environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, or communications constituting sexual harassment as defined and otherwise prohibited by State and federal law.

District employees shall not make unwelcome sexual advances or request sexual favors or engage in any unwelcome conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms intimidating, hostile, or offensive include, but are not limited to, conduct which has the effect of humiliation, embarrassment or discomfort. Sexual harassment will be evaluated in light of all the circumstances.

A violation of this policy may result in discipline, up to and including discharge. Any person making a knowingly false accusation regarding sexual harassment will likewise be subject to disciplinary action, up to and including discharge.

Aggrieved persons, who feel comfortable doing so, should directly inform the person engaging in sexually harassing conduct or communication that such conduct or communication is offensive and must stop.

Employees should report claims of sexual harassment to the Nondiscrimination Coordinator and/or use the Uniform Grievance Procedure, Board policy 2:260. Employees may choose to report to a person of the employee's same sex. Initiating a complaint of sexual harassment shall not adversely affect the complainant's employment, compensation, or work assignments.

There are no express time limits for initiating complaints and grievances under this policy; however, every effort should be made to file such complaints as soon as possible, while facts are known and potential witnesses are available.

Whom to Contact with a Report or Complaint

The Superintendent shall post the names, addresses, and telephone numbers of the District's current Nondiscrimination Coordinator and Complaint Managers on the main bulletin board of all buildings.

The Superintendent shall also use other reasonable measures to inform staff members and applicants of this policy, which shall include reprinting this policy in the appropriate handbooks.

LEGAL REF.:       Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., 29 C.F.R. § 1604.11.                         Title IX of the Education Amendments, 20 U.S.C. § 1681 et seq.; 34 C.F.R. §1604.11. , 56 Ill. Admin. Code Parts 2500, 2510, 5210, and 5220.

Burlington Industries v. Ellerth, 118 S.Ct.2257 (1998), Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998), Franklin v. Gwinnett Co. Public Schools, 112 S.Ct. 1028 (1992), Meritor Savings Bank v. Vinson, 106 S.Ct. 2399 (1986), Harris v. Forklift Systems, 114 S.Ct. 367 (1993), Jackson v. Birmingham Board of Education, 125 S.Ct. 1497 (205), Oncale V. Sundown Offshore Services, 118 S.Ct. 998 (1998).

                                                775 ILCS 5/2-101(E) and 5/2-102(D) et seq.

CROSS REF.:        2:260 (Uniform Grievance Procedure), 5:10 (Equal Employment Opportunity and Minority Recruitment), 7:20 (Harassment of Students Prohibited)

ADOPTED:           April 20, 1999

EDITED:               April 9, 2008    

5:20

Staff Harassment Policy

It is the policy of the Board of Education for the District that the working school environment be made as stress free as possible. In that connection, it is the policy of the Board of Education that members of the staff should refrain from language, actions, or appearances which would result in harassment, injury, intimidation or the unnecessary disturbance or distress of other staff members. Recognizing that the doing of business and the conduct of the schools, as in any employment situation that requires supervisory positions, in itself presents some stress upon staff members in the conscientious execution of their duties, staff members are prohibited from the following in relation to their work or school related activities:

1. Staff members will refrain from the use of tones of speech or language which is designed, calculated or reasonably likely to be disrupting or upsetting to other staff members. This prohibition does not include reprimands conducted by supervisory personnel. However, even in the case of reprimands, all staff members are to refrain from the use of vulgar, angry or provocative language directed to other staff members.
2. Staff members are prohibited under any circumstances from committing physical violence upon other staff members and from actions which would intimidate or place other staff members in apprehension or physical violence. Report should be immediately made to the administration of any violation of the policy by any staff member and all physical violence is prohibited except in cases of the manifest and unequivocal requirement of its use in self-defense to protect against immediate harm.
3. Staff members will respect and not without permission intrude upon or disturb the property of other staff members. The wrongful taking of property of other staff members or the destruction or damage of property of other staff members is prohibited. Information that a staff member has violated this policy should be immediately conveyed to he administration for discipline against the offending staff member.
4. Violation of this policy by a staff member will subject that staff member to discipline which might involve reprimand, suspension and loss of pay, or discharge.

ADOPTED: April 20, 1999

5:21

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The Superintendent is responsible for recruiting personnel, in compliance with School Board policy, and making hiring recommendations to the School Board. If the Superintendent’s recommendation is rejected, the Superintendent must submit another. Educational support personnel applicants are initially screened by the Building Principal or supervisor. The District shall hire the best qualified personnel consistent with budget and staffing requirements, and shall comply with School Board policy on equal employment opportunities and minority recruitment. The Superintendent may select personnel on a short-term basis for a specific project or emergency condition before the School Board’s approval.  No individual will be employed who has been convicted of a criminal offense listed in Section 5/10-21.9(c) of The School Code.

All applicants must complete a District application form in order to be considered for employment.

The Superintendent shall develop and maintain a current, comprehensive job description for each position, other than the Superintendency; however, a provision in a collective bargaining agreement or individual contract will control in the event of a conflict.

The Superintendent or designee shall ensure that a fingerprint-based criminal history records check and a check of the Statewide Sex Offender Database and Violent Offender Against Youth Database (when available) is performed on each applicant as required by State law.  The Superintendent or designee shall notify any applicant if the applicant is identified in either database.  The Board President will keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent of Schools, State Teacher Certification Board, or any other person necessary to the hiring decision.

Each newly hired employee must complete an Immigration and Naturalization Service Form as required by federal law.

The District retains the right to discharge any employee whose criminal background investigation reveals a conviction for committing or attempting to commit any of the offenses outlined in §10-21.9 of The School Code or who falsifies, or omits facts from, his or her employment application or other employment documents.

New employees must furnish evidence of physical fitness to perform assigned duties and freedom from communicable disease, including tuberculosis. All physical fitness examinations and tests for tuberculosis must be performed by a physician licensed in Illinois, or any other state, to practice medicine and surgery in any of its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations.  The physical examination and the tuberculin tests must have been taken by the employee no more than 90 days before the employee's submitting evidence of same to the Board.

Any employee may be required to have an additional examination by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, if the examination is job-related and consistent with business necessity. The Board will pay the expenses of any such examination.

No person shall be placed in direct authority over another employee who is a member of his or her immediate family. No person shall be employed to serve under the immediate authority of a member of his or her immediate family.

The District's staff will provide an orientation program for new employees to acquaint them with the District's policies and procedures, the school's rules and regulations, and the responsibilities of their position.

LEGAL REF.: Americans With Disabilities Act, 42 U.S.C. § 12112, 29 C.F.R. Part 1630.
Immigration Reform and Control Act, 8 U.S.C. § 1324a et seq.
105 ILCS 5/10-16.7,5/10-16.7,5/10-5/10-20.7, 5/10-21.4, 5/10-21.9, 5/10-22.34, 5/10-22.34b, 5/22-6.5, and 5/24-5 et seq.

Duldulao v. St. Mary of Nazareth Hospital, 483 N.E.2d 956 (1st Dist. Ill. 1985), aff’d in part and remanded 505 N.E.2d314 (Ill., 1987).  Kaiser v. Dixon, 468 N.E.2d 822 (2nd Dist. Ill. 1984).  Molitor v. Chicago Title & Trust Co., 59 N.E.2d 695 (Ill.App.1, 1945).

CROSS REF.: 3:50, 5:10, 5:40, 5:280

ADOPTED: April 20, 1999

REVISED:  June 23, 2008

5:30

Immigration Investigation
All newly hired employees must complete an Immigration and Naturalization Service Form I-9 no later than 3 business days following their first working day. If an individual is unable to provide the required documents to complete the Form I-9 within the 3-day period, the individual must present a receipt for the application of the documents within 3 days of the hire and present the required documents within 90 days of the hire.

The completed Form I-9 shall be maintained in a file separate from other personnel records in order to prevent unauthorized review of personnel files. The Form I-9 shall be retained for a period of 3 years after the date of hire or one year after individual employment is terminated, whichever is later.

Criminal Background Investigation
Each applicant for any position must provide a written authorization for a criminal background investigation. Upon receipt of this authorization, the Superintendent or designee shall submit the applicant's name, sex, race, and date of birth, and social security number to the Department of State Police on forms prescribed by the Department. The State Police shall conduct a search of the Illinois criminal history records database to ascertain if the applicant has been convicted of any offense that would prohibit his or her employment under State law or District policy. If the State Police’s search indicates that an applicant has been convicted of any offense that would prohibit District employment, the State Police and the Federal Bureau of Investigation will furnish, pursuant to a fingerprint based background check, records of convictions, until expunged, to the President of the School Board. The Board President will keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent of Schools, State Teacher Certification Board, or any other person necessary to the hiring decision. A copy of the conviction record obtained from the Department of State Police will be provided to the applicant.

Whenever an applicant is seeking employment in concurrent positions in more than one district as either a substitute or part-time teacher or educational support personnel employee, the District may require that the applicants authorize the Regional Office of Education Superintendent who services those school districts to conduct the investigation.

Each contract with the School District that may involve an employee or agent of the contractor having any contact, direct or indirect, with a student shall require the contractor to provide the District with the name and address of each employee who will perform work on school property and require that the employee submit to a criminal history background investigation. No person may work on school grounds who has been convicted of committing or attempting to commit any one or more of the offenses cited in 1-4 below.

The School District will not knowingly employ a person who:

1. Has been convicted of committing or attempting to commit any one or more of the following offenses:
a. Attempted first-degree murder or first-degree murder or any Class X felony.
b. The Criminal Code of 1961, 720 ILCS 5/11-6, 5/11-9, 5/11-14, 5/11-15 to 5/21, 5/12-13 to 5/12-16.
c. Cannabis Control Act, 720 ILCS 550/1 et seq., except 720 ILCS 550/4(a), 550/4(b), and 550/5(a).
d. Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.
e. Any offense committed or attempted in any other state or against the laws of the United States, which if
committed or attempted in this state, would have been punishable as one or more of the foregoing offenses.

2. Has been convicted, within 7 years of the application for District employment, of any other felony under Illinois law or of any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in Illinois, would be punishable as a felony under Illinois law.

Reporting New Hires
The Superintendent or designee shall timely file an IRS Form W-4 or IDES New Hire Reporting Form for each newly hired employee with the Department of Employment Security.

ADOPTED: August 16, 2004

5:30-AP2

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Communicable and Chronic Infectious Disease

The Superintendent shall develop and implement procedures for dealing with known or suspected cases of a communicable and chronic infectious disease involving a District employee consistent with State and federal law, rules of the Illinois Department of Public Health, and Board of Education policies.

An employee with a communicable or chronic infectious disease shall be evaluated by the District's Communicable and Chronic Infectious Disease Review Team. The employee's medical records shall be held in strictest confidence by the Team, except to the extent allowed by law.

Employees with a communicable or chronic infectious disease will be permitted to retain their positions whenever, after reasonable accommodations and without undue hardship, there is no substantial risk of transmission of the disease to others, provided an employee is able to continue to perform the position's essential functions. Employees who cannot retain their positions shall remain subject to the Board's employment policies including sick leave, physical examinations, temporary and permanent disability, and termination. Determining whether an employee with a communicable or chronic infectious disease may retain his or her position will be made in accordance with established procedures.

The recommendation of whether the employee's placement is appropriate shall be made on a case-by-case basis by the District's Communicable and Chronic Infectious Disease Review Team.

LEGAL REF.: Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.

Rehabilitation Act of 1973, 29 U.S.C. § 791.

820 ILCS 40/1 et seq.

20 ILCS 2305/6.

105 ILCS 5/24-5.

Rules and Regulations for the Control of Communicable Diseases, issued by the Illinois Department of Public Health.

CROSS REF.: 2:150, 5:30, 5:180

ADOPTED: April 20, 1999

5:40(added June 1996)

Drug- and Alcohol-Free Workplace

All District workplaces are drug- and alcohol-free workplaces. All employees shall be prohibited from:

1. unlawful manufacture, dispensing, distribution, possession, use, or being under the influence of a controlled substance while on District premises or while performing work for the District.
2. distribution, consumption, use, possession, or being under the influence of alcohol while on District premises or while performing work for the District.

For purposes of this policy a controlled substance is one that is:

1. not legally obtainable;
2. being used in a manner different than prescribed;
3. legally obtainable, but has not been legally obtained; or
4. referenced in federal or State controlled substance acts.

As a condition of employment, each employee shall:

1. abide by the terms of the District policy respecting a drug- and alcohol-free workplace; and
2. notify his or her supervisor of his or her conviction under any criminal drug statute for a violation occurring on the District premises or while performing work for the District, no later than 5 calendar days after such a conviction.

In order to make employees aware of dangers of drug and alcohol abuse, the District will:

1. provide each employee with a copy of the District Drug- and Alcohol-Free Workplace policy;
2. post notice of the District Drug- and Alcohol-Free Workplace policy in a place where other information for employees is posted;
3. make available materials from local, state, and national anti-drug and alcohol-abuse organizations;
4. enlist the aid of community and state agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees;
5. establish a drug-free awareness program to inform employees about:
   
   a. the dangers of drug abuse in the workplace
   
   b. available drug and alcohol counseling, rehabilitation, re-entry, and
   any employee assistance programs, and
   
   c. the penalties that the District may impose upon employees for violation of
   this policy.

District Action Upon Violation of Policy

An employee who violates this policy may be subject to disciplinary action, including termination. Alternatively, the Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.

The Board of Education shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within 30 days after receiving notice of the conviction.

Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or federal agency from which the District receives contract or grant monies of the employee's conviction within 10 days after receiving notice of the conviction.

LEGAL REF.: Safe and Drug-Free School and Communities Act Of 1994, 20 U.S.C. §7101 et seq.

Controlled Substances Act, 21 U.S.C. § 812; 21 C.F.R. 1308.11 - 1308.15.

Drug-Free Workplace Act of 1988, 41 U.S.C. § 701 et seq.

Americans With Disabilities Act, 42 U.S.C. § 12114.

Drug-Free Workplace Act, 30 ILCS 580/1 et seq.

ADOPTED: April 20, 1999

5:50

The School Board shall reimburse employees for expenses necessary for the performance of their duties which have been approved by the Superintendent.  If the anticipated expense amount exceeds budgeted amounts, prior Board approval is required.

Employees must submit to the Superintendent an itemized, signed voucher showing the amount of actual expenses, attaching receipts to the voucher if possible.  Expense vouchers shall be presented to the School Board in its regular bill process.

The following personnel will receive the monthly salary supplement specified by the District.  They shall not receive reimbursement for in-district mileage.

                Superintendent

                Assistant Superintendent of Curriculum

                Assistant Superintendent of Educational Services

                Assistant Superintendent of Human Resources

                Director of Business Affairs

Director of Special Education Services

                Special Education Supervisor

                Elementary I.E.P. Case Manager

                Director of Technology

                Assistant Network Manager

                Student Information System Supervisor

                District Technician

                Director of Building and Grounds

                Assistant Director of Building and Grounds 

                High School Principal

LEGAL REF.:                105 ILCS 5/10-22.32.

ADOPTED:                    April 20, 1999

REVISED                      August 16, 1999

                                        June 17, 2002

UPDATED:                    June 23, 2008 (Following individual Board approval)

5:60

Religious Holidays

Supervisors shall grant an employee's request for time off to observe a religious holiday if the employee gives at least 5 days prior notice and the absence does not cause an undue hardship.

Employees may use earned vacation time, or personal leave to make up the absence, provided such time is consistent with the District’s operational needs. A per diem deduction may also be requested by the employee.

LEGAL REF.: 775 ILCS 5/2-101 and 5/2-102.

Religious Freedom Restoration Act, 775 ILCS 35/5.

ADOPTED: April 20, 1999

REVISED: July 19, 1999

5:70

Please refer to the "Agreement Between Collinsville Community Unit District No. 10 and Collinsville Education Association".

For employees not covered by this agreement:

The District will pay full salary during the time an employee is absent due to court duty or, pursuant to a subpoena, serves as a witness or has a deposition taken in any school-related matter pending in court.

The District will deduct any fees that an employee receives for such duties, less mileage and meal expenses, from the employee's compensation, or make arrangements for the employee to endorse the fee check to the District.

An employee should give at least 5 days' prior notice of pending court duty to the District.

LEGAL REF.: 105 ILCS 5/10-20.7.

ADOPTED: April 20, 1999

REVISED:  June 23, 2008

5:80

Any District employee who suspects or receives knowledge that a student may be an abused or neglected child shall immediately report such a case to the Illinois Department of Children and Family Services on its Child Abuse Hotline 800/25-ABUSE or 217/524-2606.  The employee shall also promptly notify the Superintendent or Building Principal that a report has been made.  All District employees shall sign the Acknowledgement of Mandated Reporter Status form provided by the Illinois Department of Child and Family Services (DCFS) and the Superintendent or designee shall ensure that the signed forms are retained.

Any District employee who discovers child pornography on electronic and information technology equipment shall immediately report it to local law enforcement, the National Center for Missing and Exploited Children’s CyberTipline 800/843-5678, or online at www.cybertipline.com. The Superintendent or Building Principal shall also be promptly notified of the discovery and that a report has been made.

The Superintendent shall execute the requirements in Board policy 5:150, Personnel Records, whenever another school district requests a reference concerning an applicant who is or was a District employee and was the subject of a report made by a District employee to DCFS.

The Superintendent shall notify the State Superintendent and the regional superintendent in writing when he or she has reasonable cause to believe that a certificate holder was dismissed or resigned from the District as a result of an act that made a child an abused or neglected child.  The Superintendent must make the report within 30 days of the dismissal or resignation and mail a copy of the notification to the certificate holder.

The Superintendent or designee shall provide staff development opportunities for school personnel working with students in grades kindergarten through 8, in the detection, reporting, and prevention of child abuse and neglect.

Each individual Board member must, if an allegation is raised to the member during an open or closed Board meeting that a student is an abused child as defined in the Act, direct or cause the Board to direct the Superintendent or other equivalent school administrator to comply with the Act’s requirements concerning the reporting of child abuse. 

LEGAL REF.:        105 ILCS 5/10-21.9.

325 ILCS 5/.

CROSS REF.:         2:20 (Powers and Duties of the School Board), 5:20 (Workplace Harassment Prohibited), 5:100 (Staff Development Program), 5:150 (Personnel Records), 7:20 (Harassment of Students Prohibited), 7:150 (Agency and Police Interviews)

ADOPTED:            April 20, 1999

REVISED:             June 23, 2008

                              May 17, 2010

5:90

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Staff Development Program


The Superintendent or designee shall implement a staff development program.  The goal of such program shall be to update and improve the skills and knowledge of staff members in order to achieve and maintain a high level of job performance and satisfaction.  Additionally, the development program for certificated staff members shall be designed to effectuate the District and School Improvement Plans so that student learning objectives meet or exceed goals established by the District and State.

The staff development program shall provide, at a minimum, at least once every 2 years, the in-service training of certificated school personnel and administrators on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children.

LEGAL REF.:        105 ILCS 5/2-3.60, 5/10-22.39, 5/10-23.12, 5/24-5, and 110/3.

745 ILCS 49/, Good Samaritan Act.

CROSS REF.:         3:40 (Superintendent), 3:50 (Administrative Personnel Other Than the Superintendent), 4:160 (Environmental Quality of Buildings and Grounds), 5:90 (General Personnel - Abused and Neglected Child Reporting), 5:120 (Ethics), 5:250 (Leaves of Absence), 6:15 (School Accountability), 6:20 (School Year Calendar and Day)

ADMIN PROC.:     4:170-AP6 (Plan for Responding to a Medical Emergency at an Indoor Physical Fitness Facility), 5:100-AP (Staff Development Program), 5:150-AP (Personnel Records), 7:250-AP1 (Measures to Control the Spread of Head Lice at School)

ADOPTED:            April 20, 1999

REVISED:             March 20, 2000

                              June 17, 2002

                              June 23, 2008

                              April 19, 2010

5:100

Staff Access To Electronic Networks

The following terms, when used herein, shall be defined as follows for purposes of implementation and administration of this policy:

1. District Network/Internet - the computer hardware and software, including the electronic communications system contained therein which is the property of Collinsville Community Unit District #10.
2. Negligence - the doing of some act which a person of ordinary prudence would not have done under similar circumstances or the failure to do what a person of ordinary prudence would have done under similar circumstances.
3. Data - information and/or documents which are the property of Collinsville Community Unit District #10, a staff member, or a student thereof and which an employee does not otherwise have normal access to or use of as part of her/his normal employment duties. The term "data" shall not refer to such items as tests, worksheets, material normally assigned to or distributed to students or staff by the employee as part of his/her normal employment duties, student records maintained by the employee, student grades assigned by the employee, or other curricular and extracurricular material normally prepared and used by the employee during the course of her/his normal employment duties.

Compliance with Copyright Laws

The Board of Education intends to adhere to all copyright laws as applied to computer software. The Board also intends to comply with the license agreements and/or policy statements contained in the software packages used in the District. Therefore, all software used on District computers or computer networks shall be purchased by the Board, properly licensed and registered with the publisher, and installed by the Director of Technology or other designated personnel.

1. Staff members shall not be permitted to load or copy software (District-owned or personal) without the express written permission of the Director of Technology or designee. All software used on District computers or computer networks shall be purchase by the Board, properly licensed and registered with the publisher, and installed by the Director of Technology or designee.
2. Staff members shall not be permitted to copy any District owned software without the express written permission of the Director of Technology or designee.

1. Staff members shall not tamper with, attempt to gain or gain access to computer data to which a staff member has no security authorization (such as, but not limited to, financial, employee, and student information). If your security level is in doubt, contact the Director of Technology.
2. All staff members are prohibited from intentionally or negligently allowing students or other individuals (such as, but not limited to, friends, relatives, District employees, etc.) to access or update information under their network login name and password.
3. All staff members are prohibited from sharing stand alone computer and/or network login names and passwords (i.e., School Vista, Windows, etc.). Passwords must be kept confidential and should be changed at regular intervals.

1. Staff members shall not in any manner modify, damage, destroy, or copy any data belonging to the Collinsville Community Unit School District or any staff member or student thereof without express written permission from the Director of Technology or designee.
2. Any staff member who vandalizes or otherwise intentionally damages any District hardware or software, shall be responsible for payment of all repair, service and/or replacement costs.

DISTRICT NETWORK/INTERNET USE

All use of the District’s Network/Internet shall be consistent with the District’s goal of promoting education excellence by facilitating resource sharing, innovation, and communication. This policy does not attempt to state all required or prescribed behavior by users. However, some specific examples are provided. The failure of any user to follow the terms of the Access To Electronic Networks policies may result in the loss of privileges, disciplinary action in accordance with the applicable provisions of the appropriate collective bargaining agreement, and/or appropriate legal action. Users shall be subject to disciplinary action under this policy only after they have been given a copy of this policy. Employees will be required to give a signature acknowledging receipt of a copy of this policy.

1. Acceptable Use - Access to the District’s Network/Internet must be for the purpose of education, communication, or research, and be consistent with the educational objectives of the District as set forth in written Board policy.
2. Privileges - The use of the District’s Network/Internet is a privilege, not a right, and inappropriate use may result in a cancellation of those privileges. The Director of Technology and/or the Building Principal will make all decisions regarding whether or not a user has violated the Access To Electronic Networks policies and may deny, revoke or suspend access at any time. A user who disagrees with a decision made by the Director of Technology, her/his designee, and/or the Building Principal regarding whether or not a user has violated the Access To Electronic Networks policies may appeal such decision through the grievance procedure of the appropriate collective bargaining agreement.
3. Unacceptable Use - Employees of the District are responsible for their actions and activities involving the District Network and Internet. Examples of unacceptable use include:

1. Intentionally using the network for any illegal activity, including violation of copyright or other contracts, or transmitting any material in violation of any U.S. or State regulation;
2. Downloading copyrighted material for other than personal use;
3. Using the network for commercial gain;
4. Invading the privacy of individuals;
5. Using another user’s account or password;
6. Intentionally posting material authored or created by another without his/her consent;
7. Intentionally posting anonymous messages;
8. Partisan political activities; campaigning for or against public policy questions that appear on a ballot; promoting election issues or candidates for collective bargaining units;
9. Intentionally accessing, submitting, posting, publishing or displaying any defamatory, abusive, obscene, profane, pornographic, threatening, racially offensive, harassing or illegal materials, and material of a sexual nature that is inappropriate in a school environment; and
10. Using the network while access privileges are suspended or revoked.

1. Personal Use - In order to encourage and facilitate the use of the District Network/Internet technology by employees of the District for purposes consistent with this policy, employees shall be permitted reasonable use of the District Network/Internet for personal use provided that such personal use does not interfere with or disrupt the educational process or the normal operation of the District and provided that such personal use does not violate any of the provisions of this policy.
1. Training - The district will provide, from time to time at no cost to employees, training for employees in the use of the District Network/Internet so as to acquaint employees with the provisions of this policy, and to promote the proficient use of the District Network/Internet among employees in a manner consistent with the provisions of this policy.

1. No Warranties - The District makes no warranties of any kind, whether expressed or implied, for the service it is providing. The District will not be responsible for any damages an individual suffers. This includes loss of data resulting from delays, non-deliveries, missed deliveries or service interruptions caused by unforeseen network problems or a user’s errors or omissions. Use of any information obtained via the Internet is at a user’s own risk. The District specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. Telephone Charges - The District assumes no responsibility for any unauthorized charges or fees, including telephone charges, long-distance charges, per-minute surcharges and/or equipment or line costs.
3. Indemnification - The District may hold the user responsible for any losses, costs, or damages, including reasonable attorney fees, incurred by the District relating to, or arising out of, any violation of Access To Electronic Networks policies.
4. Network Etiquette - District employees are expected to abide by the generally accepted rules of network etiquette. These include, but are not limited to, the following:

The user should:

1. Be polite. He/she should not become abusive in his/her messages to others.
2. Use appropriate language. Individuals should not swear, use vulgarities or any other inappropriate language.
3. Do not reveal the personal addresses or telephone numbers of colleagues.
4. Recognize that electronic mail (E-mail) is not private. People who operate the system have access to all mail. Messages relating to or in support of illegal activities will be reported to the authorities.
5. Do not use the network in any way that would disrupt its use by other users.
6. Consider all communications and information accessible via the network to be private property.

VIOLATIONS

Any staff member who violates the Access To Electronic Networks policies shall be subject to disciplinary action up to and including dismissal in accordance with the applicable provisions of the appropriate collective bargaining agreement and/or The School Code. Additionally, if staff member conduct constitutes a violation of copyright laws, the staff member may be subject to prosecution under such laws. Any staff member who intentionally or negligently damages or destroys District hardware and/or software shall also be responsible for all costs associated with repair and/or replacement parts and services.

CROSS REF.: 6:235

ADOPTED:

5:101

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Purpose
To provide guidelines governing the use of personal cell phones during the school day, and to avoid disruption of the educational process.

Use of Cell Phones While at Work
Reasonable use of personal cell phones is allowed for minimal duration and in appropriate locations, provided there is no disruption to the educational process or employee productivity.

The use of cell phones is expressly prohibited during instruction time and during school meetings, except in the case of an emergency.

Employees are strictly prohibited from using cell phone functions, such as digital photography and games, that are not needed for making or receiving an emergency phone call.

Cell phone ringers should be turned off or set to vibrate upon entering the building. When placing or receiving phone calls, move immediately to an area which insures minimal disruption to the educational process. Be courteous to others by reducing your voice to a low volume. Use of cell phones in a loud or disruptive manner is strictly prohibited.

ADOPTED: November 15, 2004

5:102

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Recognition For Service

The Board of Education will periodically recognize those District employees who contribute significantly to the educational programs and welfare of the students.

ADOPTED: April 20, 1999

5:110

Ethics

All District employees are expected to maintain high standards in their school relationships, to demonstrate integrity and honesty, to be considerate and cooperative, and to maintain professional and appropriate relationships with students, parents, staff members, and others.

The following employees must file a “Statement of Economic Interests” as required by the Illinois Governmental Ethics Act:

1.      Superintendent;

2.      Building Principal;

3.      Head of any department;

4.      Any employee responsible for negotiating contracts, including collective bargaining agreement, in the amount of $1,000 or greater;

5.      Hearing officer;

6.      Any employee having supervisory authority for 20 or more employees; and

7.      Any employee in a position that requires an administrative or a chief school business official endorsement.

Ethics and Gift Ban

School Board policy 2:105, Ethics and Gift Ban, applies to all District employees.  Students shall not be used in any manner for promoting a political candidate or issue.

Outside Employment and Conflict of Interest

No District employee shall be directly or indirectly interested in any contract, work, or business of the District, or in the sale of any article by or to the District, except when the employee is the author or developer of instructional materials listed with the State Board of Education and adopted for use by the School Board. An employee having an interest in instructional materials must file an annual statement with the Board Secretary.

For the purpose of acquiring profit or personal gain, no employee shall act as an agent of the District nor shall an employee act as an agent of any business in any transaction with the District.

Employees shall not engage in any other employment or in any private business during regular working hours or at such other times as are necessary to fulfill appropriate assigned duties.

LEGAL REF.:        U.S. Constitution, First Amendment.

5 ILCS 420/4A-101 and 430/.

50 ILCS 135/.

105 ILCS 5/10-22.39, 5/22-5, and 5/24-22.

Pickering v. Board of Township H.S. Dist. 205, 391 U.S. 563 (1968).

Garcetti v. Ceballos, 547 U.S. 410 (2006).

CROSS REF.:         2:105 (Ethics and Gift Ban), 5:100 (Staff Development Program)

ADOPTED:            April 20, 1999      

REVISED:             June 17, 2002

                              April 19, 2010

5:120

 
BACKGROUND                 

The District fraud policy is established to facilitate the development of controls which will aid in the detection and prevention of fraud against Collinsville Community Unit School District #10. It is the intent of Collinsville Community Unit School District #10 to promote consistent organizational behavior by providing guidelines and assigning responsibility for the development of controls and conduct of investigations.

SCOPE OF POLICY

This policy applies to any fraud, or suspected fraud, involving employees as well as consultants, vendors, contractors, outside agencies doing business with employees of such agencies, and/or any other parties with a business relationship with Collinsville Community Unit School District #10 (also called the District).

Any investigative activity required will be conducted without regard to the suspected wrongdoer’s length of service, position/title, or relationship to the District.

POLICY                                               

While all Unit 10 employees are responsible to prevent and report fraud, waste, and abuse, the Administration has the primary responsibility for the detection and prevention of fraud, misappropriations, and other inappropriate conduct.  Fraud is defined as the intentional, false representation or concealment of a material fact for the purpose of inducing another to act upon it to his or her injury. Each member of the administrative team will be familiar with the types of improprieties that might occur within his or her area of responsibility, and be alert for any indication of irregularity.

Any fraud that is detected or suspected must be reported immediately to the Superintendent or his/her designee, who coordinates all investigations with legal counsel and other affected areas, both internal and external.

ACTIONS CONSTITUTING FRAUD

The terms defalcation, misappropriation, and other fiscal wrongdoings refer to, but are not limited to:

·         Any dishonest or fraudulent act

·         Forgery or alteration of any document or account belonging to the District

·         Forgery or alteration of a check, bank draft, or any other financial document

·         Misappropriation of funds, securities, supplies, or other assets

·         Impropriety in the handling or reporting of money or financial transactions

·         Profiteering as a result of insider knowledge of company activities

·         Disclosing confidential and proprietary information to outside parties

·         Disclosing to other persons securities activities engaged in or contemplated by the District

·         Accepting or seeking anything of material value from contractors, vendors or persons providing services/materials to the    District.  Exception: Gifts less than $50 in value.

·         Destruction, removal or inappropriate use of records, furniture, fixtures, and equipment; and/or

·         Any similar or related inappropriate conduct

OTHER INAPPROPRIATE CONDUCT     

Suspected improprieties concerning an employee’s moral, ethical, or behavioral conduct should be resolved by the Superintendent or his/her designee. 

If there is any question as to whether an action constitutes fraud, contact the Superintendent for guidance.

INVESTIGATION RESPONSIBILITIES

The Superintendent or his/her designee has the primary responsibility for the investigation of all suspected fraudulent acts as defined in the  policy. If the investigation substantiates that fraudulent activities have occurred, the Superintendent or his/her designee will issue reports to appropriate designated personnel and, if appropriate, to the School Board through the Budget

Committee.

Decisions to prosecute or refer the examination results to the appropriate law enforcement and/or regulatory agencies for independent investigation will be made in conjunction with legal counsel and administration, as will final decisions on disposition of the case.

CONFIDENTIALITY

The Superintendent treats all information received confidentially. Any employee who suspects dishonest or fraudulent activity will notify the Superintendent immediately, and should not attempt to personally conduct investigations or interviews/interrogations related to any suspected fraudulent act (see REPORTING PROCEDURE section below).

Investigation results will not be disclosed or discussed with anyone other than those who have a legitimate need to know. This is important in order to avoid damaging the reputations of persons suspected but subsequently found innocent of wrongful conduct and to protect the District from potential civil liability.

AUTHORIZATION FOR INVESTIGATING SUSPECTED FRAUD

Members of the Investigation Team will have:

·         Free and unrestricted access to all District records and premises, whether owned or rented; AND

·         The authority to examine, copy, and/or remove all or any portion of the contents of files, desks, cabinets, and other storage facilities on the premises without prior knowledge or consent of any individual who may use or have custody of any such items or facilities when it is within the scope of their investigation.

REPORTING PROCEDURES   

Great care must be taken in the investigation of suspected improprieties or wrongdoings so as to avoid mistaken accusations or alerting suspected individuals that an investigation is under way.

An employee who discovers or suspects fraudulent activity will contact the Superintendent immediately. The employee or other complainant may remain anonymous. All inquiries concerning the activity under investigation from the suspected individual, his or her attorney or representative, or any other inquirer should be directed to the Superintendent (or designee) or legal counsel. No information concerning the status of an investigation will be given out. The proper response to any inquiries is: “I am not at liberty to discuss this matter.”  Under no circumstances should any reference be made to “the allegation,” “the crime,” “the fraud,” “the forgery,” “the misappropriation,” or any other specific reference.

The reporting individual should be informed of the following:

·         Do not contact the suspected individual in an effort to determine facts or demand restitution.

·         Do not discuss the case, facts, suspicions, or allegations with anyone unless specifically asked to do so by legal counsel or the Superintendent.

TERMINATION

If an investigation results in a recommendation to terminate an individual, the recommendation will be reviewed for approval by the Superintendent or designee and legal counsel before any such action  is taken.  The Superintendent does not have the authority to terminate an employee. The decision to terminate an employee is made by the School Board.

ADMINISTRATION

The Superintendent is responsible for the administration, revision, interpretation, and application of this policy. The policy will be reviewed annually and revised as needed.

ADOPTED:       April 21, 2008

 5:121

All employee problems shall be handled on the Administrative Supervisor’s and/or Principal’s level. The Principal may find it necessary to confer with the central staff. If the employee is not satisfied, (s)he may discuss the problem with the Superintendent. The School Board will consider it unprofessional for an individual to contact any Board member on personal problems relative to school affairs without having gone through the proper administrative channels first.

CROSS REF.: 2:140

ADOPTED: April 20, 1999

REVISED: June 17, 2002

5:122

 District employees are responsible for maintaining:  (1) the integrity and security of all internal information, and (2) the privacy of confidential records, including but not limited to:  student school records, personnel records, and the minutes of, and the material disclosed in, a closed School Board meeting.  Internal information is any information, oral or recorded in electronic or paper format, maintained by the District or used by the District or its employees.  The Superintendent or designee shall manage procedures for safeguarding the integrity, security, and, as appropriate, confidentiality of internal information.

 LEGAL Ref.:                     20 U.S.C. § 1232g.

                                            45 C.F.R. § 164.502.

                                            5 ILCS 140/1 et seq.

                                            50 ILCS 205/1et seq.

                                            105 ILCS 10/1 et seq.

                                            820 ILCS 40/1 et seq.

 CROSS REF:                     2:140 (Communications To and From the Board), 2:250

                                            (Access to District Public Records), 5:150 (Personnel Records),

                                            7:340 (Student Records)

 ADOPTED:                     June 23, 2008

5:130

Solicitations By or From Staff

District employees shall not solicit donations or sales, nor shall they be solicited for donations or sales, on school grounds without prior approval from the Building Administrator.

CROSS REF.: 2:140

ADOPTED: April 20, 1999

REVISED: June 17, 2002

5:140

Please refer to the "Agreement Between Collinsville Community Unit District No. 10 and Collinsville Education Association".

For employees not covered by this agreement:
The Superintendent or designee shall manage the maintenance of personnel records in accordance with State and federal law and School Board policy.  Records, as determined by the Superintendent, are retained for all employment applicants, employees, and former employees given the need for the District to document employment-related decisions, evaluate program and staff effectiveness, and comply with government recordkeeping and reporting requirements.  Personnel records shall be maintained in the District’s administrative office, under the Superintendent’s direct supervision.

An employee will be given access to his or her personnel records according to State law and guidelines developed by the Superintendent.  No one else may have access to an employee’s personnel file and personal information except for: (1) a supervisor or management employee who has an employment or business-related reason to inspect the record, or (2) anyone who has the employee’s written consent.

The School District will only confirm position and dates of employment when requested for information about a District employee.  An employee who would like the District to release additional information about their employment must submit a written request to the Superintendent or designee.

LEGAL REF.: 820 ILCS 40/1 et seq.
                          23 Ill. Admin. Code § 1.660.

CROSS REF.: 2:250 (district records), 7:340 (Student Records)

ADOPTED: April 20, 1999

REVISED:   June 23, 2008

5:150  

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Copyright For Publication or Sale of Instructional Materials and Computer Programs Developed By Employees

The Superintendent or designee shall manage the development of instructional materials and computer programs by employees during the scope of their employment in accordance with State and federal laws and School Board policies.  Whenever an employee is assigned to develop instructional materials and/or computer programs, or otherwise performs such work within the scope of his or her employment, it is assured the District shall be the owner of the copyright.

While staff members may use appropriate supplementary materials, it is each staff member’s responsibility to abide by the District’s copyright compliance procedures and to obey the copyright laws. No staff member shall, without first obtaining the permission of the Superintendent or designee, install or download any program on the District-owned computer. The District is not responsible for any violations of the copyright laws by its staff or students. A staff member should contact the Superintendent, or the person designated as the copyright compliance officer, whenever the staff member is uncertain about whether using or copying material complies with the District’s procedures or is permissible under the law, or wants assistance on when and how to obtain proper authorization. At no time shall it be necessary for a District staff member to violate copyright laws in order to properly perform his or her duties.

LEGAL REF.:  Federal Copyright Law of 1976, 17 U.S.C. § 101 et seq.
                           105 ILCS 5/10-23.10.

CROSS REF: 6.235 (Access to Electronic Networks)

ADOPTED:    April 20, 1999

REVISED:     July 19, 1999
                       June 23, 2008

5:170

Tax Sheltered Annuities

Annuities may be taken as payroll deductions. The employee must request an addition or a change to a payroll deduction for annuities two months prior to the effective date.

Those companies offering tax sheltered annuities to Unit 10 employees must be approved by the administration. Those companies not on an approved list must submit at least five (5) names of Unit 10 employees showing an interest in their company to be considered.

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For employees not covered by this agreement:

Temporary illness or temporary incapacity is an illness or other capacity of ill-being which renders an employee physically or mentally unable to perform assigned duties. During such a period, the employee must use accumulated sick leave benefits. However, income received from other sources (worker's compensation, District-paid insurance programs, etc.) will be deducted from the District's compensation liability to the employee. The School Board’s intent is that in no case will the employee who, is temporarily disabled, receive more than 100 percent of gross salary.

Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy.

If illness, incapacity, or any other condition causes an employee to be absent in one school year for more than 90 consecutive work days, such absence may be considered a permanent disability and the Board may consider beginning dismissal proceedings subject to State and federal law, including the Americans with Disabilities Act.  The Superintendent may recommend this paragraph’s use when circumstances strongly suggest that the employee returned to work intermittently in order to avoid this paragraph’s application.

An employee may be required to have an examination by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervisor to perform health examinations if the examination is job-related and consistent with business necessity.

LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. § 12102.
                          105 ILCS 5/10-22.4, 5/24-12, and 5/24-13.
                          Elder v. Board of Education, 208 N.E.2d 423 (1st Dist. Ill. 1965).
                          Board of Education v. Ill. State Board of Education, 507 N.E.2d 134 (1st
                          Dist. Ill. 1987).

CROSS REF.: 5:30, 5:185, 5:250, 5:330

ADOPTED: April 20, 1999

REVISED:  October 20, 2008

5:180

Family and Medical Leave

Eligible employees may use unpaid family and medical leave, guaranteed by the federal Family and Medical Leave Act, for up to a combined total of 12 weeks each year, beginning September 1 and ending August 31 of the next year.

Other available paid vacation, personal, or family leave will be substituted for family and medical leave necessitated by birth, adoption/foster care placement, or a family member's serious health condition. Other available paid vacation, personal, or sick leave will be substituted for family and medical leave necessitated by a family member's or employee's own serious health condition. Any substitution required by this policy will count against the employee's family and medical leave entitlement. The District will pay family leave or sick leave only under circumstances permitted by the applicable leave plan. Use of family and medical leave shall not preclude the use of other applicable unpaid leave that will extend the employee's leave beyond 12 weeks, provided that the use of family and medical leave shall not serve to extend such other unpaid leave.

Family and medical leave is available in one or more of the following instances:

1. The birth and first-year care of a son or daughter;
2. The adoption or foster placement of a child;
3. The active military service in a contingency operation, or the notification of a call to such service, of the spouse, parent, son or daughter of the employee;
4. The serious health condition of an employee's spouse, parent, or child;
5. To care for a military service member suffering a serious health condition acquired in the line of duty, to whom the employee is the spouse, son, daughter, parent, or next-of-kin;  and
6. The employee's own serious health condition.

Employees may take an intermittent or reduced-hour family and medical leave when the reason for the leave is 4, 5 or 6, above, with certain limitations provided by law.

Employees taking leave due to reason 5 above may take a total of up to 26 weeks of family and medical leave within the 12-month period.  In that situation, the employee’s family and medical leave for all other reasons combined cannot exceed 12 weeks out of the 26 week total.

Within 15 calendar days after the Superintendent makes a request, an employee must support a request for a family and medical leave when the reason for the leave is 3, 4, 5 or 6, above, with a certificate completed by the employee's or family member's health care provider. Failure to provide the certification may result in a denial of the leave request.

If both spouses are employed by the District, they may together take only 12-weeks for family and medical leaves when the reason for the leave is 1 or 2, above, or to care for a sick parent.

Eligibility

To be eligible for family and medical leave, an employee must either:

1.       Have been employed by the District for at least 12 months (the 12 months need not be consecutive) and have been employed for at least 1,250 hours of service during the 12-month period immediately before the beginning of the leave, or

2.      Be a full-time classroom teacher.

Notice

If possible, employees must provide at least 30 days' notice to the District of the date when a leave is to begin. If 30 days' notice is not practicable, the notice must be given within 2 business days of when the need becomes known to the employee. Employees shall provide at least verbal notice sufficient to make the District aware that he or she needs a family and medical leave, and the anticipated timing and duration of the leave. Failure to give the required notice may result in a delay in granting the requested leave until at least 30 days after the date the employee provides notice.

Continuation of Health Benefits

During a family and medical leave, employees are entitled to continuation of health benefits that would have been provided if they were working.

Return to Work

An employee returning from a family and medical leave will be given an equivalent position to his or her position before the leave, subject to the District's reassignment policies and practices.

Classroom teachers may be required to wait to return to work until the next semester in certain situations as provided by law.

Implementing Procedures

The Superintendent shall develop procedures to implement this policy consistent with the federal Family and Medical Leave Act.

The Board retains all of the rights provided by applicable State and federal statutes and may require employees to perform additional actions as mandated by State and federal law.

LEGAL REF.: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., 29 C.F.R. Part 825.

CROSS REF.: 5:180, 5:250, 5:330

ADOPTED: April 20, 1999

REVISED:  October 20, 2008

5:185

A teacher, as the term is used in this policy, refers to a District employee who is required to be certified under State law. The following qualifications apply:

1. Each teacher must:

a. Have a valid Illinois certificate that legally qualifies the teacher for the duties for which the teacher is employed.
b. Provide the District Office with proof of certification by the end of the first week of school, each school year.
c. Provide the District Office with a complete transcript of credits earned in institutions of higher education and,
annually by July 1, provide the District Office with a transcript of any credits earned since the date the last transcript was filed.
d. Notify the Superintendent of any change in the teacher’s transcript.

2. The following teachers must be “highly qualified” as defined by State and federal law: (a) newly hired teachers who will work in a program supported with Title I funds, and (b) by the end of the 2005-2006 school year, all teachers of core academic subjects. Teachers are generally considered to be highly qualified if they: (a) have a bachelor’s degree; (b) have full State certification according to criteria adopted by ISBE; and (c) have demonstrated subject-matter competence in the area(s) taught according to criteria adopted by ISBE. “Core academic subjects” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, and geography

The Superintendent or designee shall:

1. Develop and implement a plan to ensure that all teachers who teach core academic subjects are “highly qualified,” as defined in this policy, not later than the end of the 2005-2006 school year;

2. Through incentives for voluntary transfers, professional development, recruiting programs, or other effective strategies, ensure that minority students and students from low-income families are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; and

3. Ensure parents/guardians of students in schools receiving Title I money are notified: (a) of their right to request their students’ classroom teachers’ professional qualifications, and (b) whenever their child is assigned to, or has been taught for 4 or more consecutive weeks by, a teacher who is not highly qualified.

LEGAL REF.: Sections 1111 and 1119 of the No Child Left Behind Act of 2001, codified at 20 U.S.C. §§6311 and 6319. 34 C.F.R § 200.55, 56, and 57. 105 ILCS 5/10-20.15, 5/21-1, 5/21-10, 5/21-11.4, and 5/24-23. 23 Ill. Admin. Code §1.620 and Part 25. “Illinois Criteria for Meeting the NCLB Requirements for Highly Qualified Teachers,” adopted by ISBE 6-17-03.

CROSS REF.: 6:170 (Title I Programs)

ADOPTED: April 20, 1999

REVISED: August 16, 2004

5:190

Terms and Conditions of Employment and Dismissal

School Year, School Day, Salary, Assignments and Transfers, Dismissal, Evaluation

Please refer to the "Agreement Between Collinsville Community Unit District No. 10 and Collinsville Education Association".

Duty-Free Lunch

Teachers employed for at least 4 hours per day shall receive a duty-free lunch equivalent to the student lunch period, or 30 minutes, whichever is longer.

Fringe Benefits to Administrators

Fringe benefits to administrators shall be no less than those granted to teaching personnel.

LEGAL REF.: 105 ILCS 5/10-19, 5/18-8, 5/24-2, 5/24-8, 5/24-9, 5/24-21, 5/24A-4, and 5/24A-5.

Metzl v. Leininger, 57 F.3d 618 (7th Cir. 1995).

CROSS REF.: 4:100-R (staff insurance program),
5:290

ADOPTED: April 20, 1999

5:200

1. Teachers should consider parent conferences, where necessary, and convenient to teachers and parents, as a part of their teaching responsibility. These conferences are in addition to the regular parent/teacher conferences at the end of the appropriate grading periods.
2. Professional teaching is an obligation to perform and assume a total commitment to the instructional and supervisory responsibility of the District and school.
3. Teachers are expected to employ good teaching techniques as well as contribute to District curriculum meetings as set forth in the Teacher-Board Agreement.
4. Teachers shall not leave classroom and/or students unattended except in emergencies, at which time all efforts will be made to arrange for another supervisor.

ADOPTED: April 20, 1999

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Compensation

A. Teachers entering the system will receive credit for experience outside of Unit 10 up to a maximum of eight (8) years.

B. Salary credit for graduate hours earned beyond the Master’s Degree must be earned after the awarding of the Master’s Degree by the college or university. Graduate hours earned prior to the awarding of the Master’s Degree will not count as Master’s plus hours for salary advancement.

C. Hours past a Master’s Degree must be on a graduate level and the course must be pre-approved by the Superintendent or his/her designee.

D. Annual increases may be withheld by the Board on the recommendation of the Superintendent for unsatisfactory work or failure to comply with Board policy, rules, and regulations.

E. The Board and/or Superintendent may suspend any employee of the District for good cause shown. Such suspension will result in a loss of pay for the length of the suspension.

F. Teachers may not use summer school experience, or substitute teaching as accumulated experience to be counted on the regular salary schedule effective at the end of the 1976-77 school year.

G. The Board may require a statement by a doctor or hospital emergency room personnel to verify the illness reported in the event of any questionable sick leave request. In the event of a strike, work stoppage, or other disruption of school operation, any teacher calling in ill must present evidence of illness supported by a statement by a doctor at the employee’s expense. Each day’s deduction will be based upon a 1/180 salary amount.

H. Homebound teachers will receive the same hourly rate of pay as night school teachers.

ADOPTED: April 20, 1999

REVISED: October 17, 2005

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1. Teachers without degrees but who meet the qualifications for experience in the trade being taught, will be placed on the teachers salary schedule at the B.A. level of training and at the experience level commensurate with their experience in the trade as evaluated by the administration, but not to exceed eight (8) years credit on the schedule for prior experience.
2. Non-degree teachers: Place applicant on B.A. schedule of the teachers’ salary schedule. Take four (4) year apprenticeship program as a basis for placement on the teachers’ schedule. Allow one (1) step on the salary schedule for each two (2) years of work experience. Limit credit for work experience to eight (8) steps on the salary schedule.
3. Degreed teachers: Vocational teachers with degrees will be considered on the regular Unit 10 salary schedule. Work experience would be considered on the same basis as teaching experience with a maximum of eight (8) steps on the salary schedule.
4. Extra period: Area vocational teachers will be paid at the rate of 9% of their base pay in the event it will be necessary for them to work an extra period for one semester or more.

ADOPTED:

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Please refer to the "Agreement Between Collinsville Community Unit District No. 10 and Collinsville Education Association".

LEGAL REF.: 105 ILCS 5/24-14.

ADOPTED: April 20, 1999

5:210

Please refer to the “Agreement Between Collinsville Community Unit District N. 10 and Collinsville Education Association”.

The Superintendent may employ substitute teachers as necessary to replace teachers who are temporarily absent.

A substitute teacher must hold a valid teaching or substitute certificate. Substitute teachers with a substitute certificate may teach only when an appropriate, fully-certificated teacher is unavailable.

A substitute teacher may teach only for a period not to exceed 90 paid school days or 450 paid school hours in any one school district in any one school term. However, for the 2001-2002, 2002-2003, and 2003-2004 school years, a teacher holding an early childhood, elementary, high school, or special certificate may substitute teach for a period not to exceed 120 paid school days or 600 paid school hours in any one school district in any one school term.

The School Board annually establishes a daily rate of pay for substitute teachers. No fringe benefits are given substitutes.

LEGAL REF.: 105 ILCS 5/21-9; 23 Ill. Admin. Code § 1.790.

ADOPTED: April 20, 1999

REVISED: July 19, 1999; June 17, 2002

5:220

LEGAL REF.: 105 ILCS 5/24-24.

CROSS REF.: 7:190

ADOPTED: April 20, 1999

5:230

Suspension

Suspension Without Pay

The School Board may suspend without pay (1) a professional employee (administrator or teacher) pending a dismissal hearing, or (2) a teacher as a disciplinary measure for up to 10 employment days for misconduct that is detrimental to the School District. Administrative staff members may not be suspended without pay as a disciplinary measure.

Misconduct that is detrimental to the School District includes:

· Insubordination, including any failure to follow an oral or written directive from a supervisor

· Violation of Board policy or Administrative Procedure

· Conduct that disrupts or may disrupt the educational program or process

· Conduct that violates any State or federal law that relates to the employee’s duties

· Other sufficient causes

At the request of the professional employee within 5 calendar days of receipt of a pre-suspension notification, the Board or Board-appointed hearing examiner will conduct a pre-suspension hearing. The Board or its designee shall notify the teacher of the alleged charges and the date and time of the hearing. At the pre-suspension hearing, the teacher or his/her representative may present evidence.

Suspension With Pay

The School Board or Superintendent or designee may suspend a professional employee with pay (1) during an investigation into allegations of disobedience or misconduct whenever the employee's continued presence in his or her position would not be in the School District's best interests, (2) as a disciplinary measure for misconduct that is detrimental to the School District as defined above, or (3) pending a Board hearing to suspend a teacher without pay.

The Superintendent shall meet with the professional employee to present the allegations, and give the professional employee an opportunity to refute the charges. The professional employee will be told the dates and times the suspension will begin and end.

Board Action regarding suspensions must be based on the recommendation of the superintendent.

LEGAL REF.: 105 ILCS 5/24-12.

Auer v. Robbins, 117 S.Ct. 905 (1997); 29 C.F.R. § 541.3.

Barszcz v. Board of Trustees of Community College District No. 504, Cook County, 400 F.Supp. 675 (N.D. Ill. 1975), aff’d by 539 F.2d 715 (7th Cir. 1976), cert. dismissed by 429 U.S. 1080 (1977).

Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487, on remand 763 F.2d 202 (6th Cir. 1985), on remand 651 F.Supp.92 (N.D. Ohio 1986), aff’d by 844 F.2d 304 (6th Cir. 1988), cert. denied 488 U.S. 946 (1988).

Jones v. Board of Education of Township High School District No. 211, 651 F. Supp. 760 (N.D. Ill. 1986).

Kamrath v. Board of Education of School District 150, 515 N.E.2d 1222 (1987).

Kearns v. Board of Education of North Palos Elementary School DistrictNo.117, 392 N.E.2d 148 (1st Dist. 1979).

Massie v. East St. Louis School District No. 189, 561 N.E.2d 246 (5th Dist. 1990).

Spinelli v. Immanuel Lutheran Evangelical Congregation, Inc., 515 N.E.2d 1222 (1987).

ADOPTED: April 20, 1999

REVISED June 17, 2002

5:240

Sick and Bereavement Leave, Funeral Leave, Sabbatical Leave, Personal Leave, Leave of Absence Without Pay, Child-Rearing Leave, Leaves for Service in the Military, and Association Leave

Please refer to the "Agreement Between Collinsville Community Unit District No. 10 and Collinsville Education Association".

School Visitation Leave

An eligible professional staff member is entitled to 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the teacher's child, if the conference or activity cannot be scheduled during non-work hours. Professional staff members must first use all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the professional staff member, except sick and disability leave.

The Superintendent shall develop administrative procedures implementing this policy consistent with the School Visitation Rights Act.

Leaves for Service in the General Assembly

Leaves for service in the General Assembly shall be granted in accordance with the State law. A professional staff member hired to replace one in the General Assembly does not acquire tenure.

Leave for Employment in Department of Defense

The Board may grant teachers a leave of absence to accept employment in a Department of Defense overseas school.

Leaves for Victims of Domestic or Sexual Violence

Any professional staff member may take an unpaid leave from work who: (1) is a victim of domestic or sexual violence, or (2) has a family, or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence.  The unpaid leave allows the employee to seek medical help, legal assistance, counseling safety planning, and other assistance without suffering adverse employment action.

The Victims’ Economic Security and Safety Act, governs the purpose, requirements, scheduling, and continuity of benefits, and all other terms of the leave.  Accordingly, an employee is entitled to a total of 12 work weeks of leave during any 12-month period.  Neither the law nor this policy creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.)

Leaves to serve as an Officer or Trustee of a Special Organization

Upon request, the Board will grant: (1) an unpaid leave of absence to a teacher who is elected to serve as an officer of a State or national teacher organization that represents teachers in collective bargaining negotiations, (2) twenty days of paid leave of absence per year to a trustee of the Teachers’ Retirement System to attend meetings and seminars as described in 105 ILCS 5/24-6.3, and (3) a paid leave of absence for the local association president of a State teacher association that is an exclusive bargaining agent in the District, or his or her designee, to attend meetings, workshops, or seminars as described in 105 ILCS 5/24-6.2.

For Professional Personnel not covered under any bargaining agreement:

Personal Leave

Professional staff members are granted 2 personal leave days per year.

Sick Leave

School year (9 month) employees are allowed 10 sick days a year. Employees who work more than nine months will annually receive 10 sick days plus one additional day for each month of employment over nine.

Leave of Absence

An employee may make a request through the administration to the Board for a leave of absence, without pay, stating in writing his/her reason for such a request. Such reason shall include a beginning and ending date for the absence and shall be submitted at least thirty (30) days prior to the beginning of the intended leave. Evidence supporting a leave of absence request may be required prior to the request being submitted to the Board. It shall become mandatory for all employees who are not at work and who have exhausted any contractual benefits, which allow for absence from work assignment, to apply within twenty (20) working days for a leave of absence. All employees on leaves of absence must pay for their own insurance premium quarterly, in advance, through the Business Office. Failure to make this arrangement will result in termination of the employee’s coverage.

Vacation

Any Unit 10 employee who leaves the service of the District for any reason should be paid for all accumulated, unused vacation time which may be accumulated during a one-year period. In case of the death of any such employee, such vacation pay shall be paid to the estate of that employee.

LEGAL REF.:         20 ILCS 1805/30.1 et seq.
                               105 ILCS 5/24-6, 5/24-6.1, 5/24-6.2, 5/24-6.3, 5/24-13, and 5/24-13.1.
                               820 ILCS 147/1 et seq. and 180/1 et seq.

CROSS REF.: 5:180, 5:185, 5:330

ADOPTED: April 20, 1999

REVISED:  September 22, 2008

5:250

Student Teachers

Opportunities will be provided students from college and university approved teacher-training programs to do student teaching in the District. The Superintendent or designee shall be responsible for screening qualifications and for their orientation, assignment and training program.

Student teachers will be assigned to supervising teachers whose qualifications are acceptable to the student's college or university.

LEGAL REF.: 105 ILCS 5/10-22.34.

ADOPTED: April 20, 1999

5:260

Educational Support Personnel

 

Employment At-Will, Compensation, and Assignment

For educational support personnel under a Collective Bargaining Agreement (CBA), if the subject matter/topic of this policy is included in the CBA, the terms of the CBA will apply, and not this policy.

Employment At-Will

Unless otherwise specifically provided, District employment is at-will, meaning that employment may be terminated by the District or employee at any time for any reason, other than a reason prohibited by law, or no reason at all. Nothing in School Board policy is intended or should be construed as altering the employment at-will relationship.

Exceptions to employment at-will may include employees who are employed annually, have an employment contract, or are otherwise granted a legitimate interest in continued employment.  The Superintendent is authorized to make exceptions to employing non-certificated employees at-will but shall maintain a record of positions or employees who are not at-will and the reason for the exception.

Compensation

The Board will determine salary and wages for educational support personnel. Increments are dependent on evidence of continuing satisfactory performance.  An employee covered by the overtime provisions in State or federal law, shall not work overtime without the prior authorization from the employee’s immediate supervisor.  Educational support personnel are paid every 2 weeks.

Assignment

The Superintendent is authorized to make assignments and transfers of educational support personnel.

LEGAL REF.:        105 ILCS 5/10-22.34 and 5/10-23.5.
                                Cook v. Eldorado Community Unit School Dist, No. 03-MR-32 (Ill.App.5, 2004).
                                Duldulao v. St. Mary of Nazareth Hospital, 483 N.E. 2d 956 (Ill. App. 1 Dist. 1985).
                                                aff’d in part and remanded, 505 N.E.2d 314 (Ill. 1987).
                                Kaiser v. Dixon, 468 N.E. 2d 822 (Ill. App. 2d Dist. 1984).
                               

CROSS REF.: 5:10. 5:35, 5:290, 5:310

ADOPTED: April 20, 1999

REVISED:  December 15, 2008
                     January 26, 2009                           

5:270

Educational Support Personnel                        

For educational support personnel under a Collective Bargaining Agreement (CBA), if the subject matter/topic of this policy is included in the CBA, the terms of the CBA will apply, and not this policy.

Duties and Qualifications

All support staff: (1) must meet qualifications specified in job descriptions, (2) must be able to perform the essential tasks listed and/or assigned, and (3) are subject to School Board policies as they may be changed from time-to-time at the Board’s sole discretion.

Paraprofessionals and Teacher Aides

“Paraprofessionals” and “teacher aides” are noncertificated personnel with instructional duties; the terms are synonymous. Service as a paraprofessional or teacher aide requires a “statement of approval” issued by the Illinois State Board of Education (ISBE). A paraprofessional or teacher aide first employed in a program for students with disabilities on or before June 30, 2005, shall be subject to this requirement as of July 1, 2007.

A paraprofessional or teacher aide in a targeted assistance program that is paid with federal funds under Title I, Part A, or in a school-wide program that is supported with such funds, shall hold a “statement of approval” issued by the ISBE for this purpose.

Individuals with only non-instructional duties (e.g., providing technical support for computers, providing personal care services, or performing clerical duties) are not paraprofessionals or teacher aides and the requirements in this section do not apply. In addition, individuals who are completing their clinical experiences and/or student teaching do not need to comply with this section, provided they otherwise qualify for instructional duties under ISBE rules.

Noncertificated Personnel Working with Students Performing Non-Instructional Duties

Noncertificated personnel performing non-instructional duties may be used:

1. For supervising study halls, long distance teaching reception areas used incident to instructional programs transmitted by electronic media (e.g., computers, video, and audio), detention and discipline areas, and school-sponsored extracurricular activities;

2. As supervisors, chaperones, or sponsors for non-academic school activities; or

3. For non-teaching duties not requiring instructional judgment or student evaluation.

Nothing in this policy prevents a noncertificated person from serving as a guest lecturer or resource person under a certificated teacher’s direction and with the administration’s approval.

Coaches and Athletic Trainers

Athletic coaches and trainers shall have the qualifications required by any association in which the School District maintains a membership. Regardless of whether the athletic activity is regulated by an association, all coaches must have completed a course on coaching principles and sport first aid. The Superintendent or designee shall ensure that all coaches have completed appropriate training programs. Anyone performing athletic training services shall be licensed under the Illinois Athletic Trainers Practice Act, be an athletic trainer aide performing care activities under the on-site supervision of a licensed athletic trainer, or otherwise be qualified to perform athletic trainer activities under State law.

Bus Drivers

All school bus drivers must have a valid school bus driver permit. New bus drivers and bus drivers who are returning from a lapse in their employment are subject to the requirements contained in Board policy 5:30, Hiring Process and Criteria and Board policy 5:285, Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers.

LEGAL REF.:        No Child Left Behind Act of 2001, 20 U.S.C. §6319(c).
34 C.F.R. §§200.58 and 200.59.
105 ILCS  5/10-22.34, 5/10-22.34a, and 5/10-22.34b.
625 ILCS 5/6-104 and 5/6-106.1.
23 Ill.Admin.Code §§25.510, 25.520.

CROSS REF.:        4:110 (Transportation), 4:170 (Safety), 5:30 (Hiring Process and Criteria), 5:35 (Compliance with the Fair Labor Standards Act), 5:285 (Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers), 6:250 (Community Resource Persons and Volunteers)

ADOPTED:            April 20, 1999

REVISED:             January 23, 2006
                                 December 15, 2008
                                  January 26, 2009

5:280

Drug and Alcohol Testing For School Bus and Commercial Vehicle Drivers

The District shall adhere to federal law and regulations requiring a drug and alcohol testing program for school bus and commercial vehicle drivers.

This program shall comply with the requirements of the Code of Federal Regulations, Title 49 § 382 et seq. The Superintendent or designee shall adopt and enact regulations consistent with the federal regulations, defining the circumstances and procedures for the testing.

This policy shall not be implemented, and no administrative procedures will be needed, until it is reasonably foreseeable that the District will hire staff for a position(s) requiring a commercial driver’s license.

LEGAL REF.: 49 U.S.C. § 2717, Alcohol and Controlled Substances Testing (Omnibus Transportation Employee Testing Act of 1991).

49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs), 382 (Controlled Substance and Alcohol Use and Testing), and 395 (Hours of Service of Drivers).

CROSS REF.: 4:110, 5:30, 5:280

ADOPTED: April 20, 1999

5:285

Employment Termination and Suspensions

For educational support personnel under a Collective Bargaining Agreement (CBA), if the subject matter/topic of this policy is included in the CBA, the terms of the CBA will apply, and not this policy.

Resignation and Retirement

An employee is requested to provide 2 weeks' notice of a resignation. A resignation notice cannot be revoked once given. An employee planning to retire should notify his or her supervisor at least 2 months before the retirement date.

Non-RIF Dismissal

The District may terminate an at-will employee at any time for any or no reason, but not for a reason prohibited by State or federal law. 

Employees who are employed annually or have a contract, or who otherwise have a legitimate expectation of continued employment, may be dismissed:  (1) at the end of the school year or at the end of their respective contract after being provided appropriate notice and after compliance with any applicable contractual provisions, or (2) mid-year or mid-contract provided appropriate due process procedures are provided.

The Superintendent is responsible for making dismissal recommendations to the School Board consistent with the Board’s goal of having a highly qualified, high performing staff.

Reduction In Force and Recall

This section is applicable whenever the Board decides to decrease the number of educational support personnel or to discontinue some particular type of educational support service and, as a result of that action, an educational support employee is removed, dismissed, or his or her hours are reduced.

The Board shall use a seniority list to determine the order of dismissal or removal.  The seniority list, categorized by positions, shows the length of continuing service of each full-time educational support employee. The employee with the shorter length of continuing service within the respective category of position shall be dismissed first.

Except as provided below, written notice will be given the employee by certified mail, return receipt requested, at least 30 days before the employee is removed or dismissed,  or his or her hours are reduced, together with a statement of honorable dismissal and the reason therefore if applicable.  The prior written notice will be extended to at least 90 days if the lay-off is due to the District entering into a contract with a third party for non-instructional services.  The prior written notice will be shortened to at least 5 days before an employee’s hours are reduced as a result of an unforeseen reduction in the student population.

Any vacancies for the following school term or within one calendar year from the beginning of the following school term, shall be offered to the employees so removed or dismissed from that category or any other category of position provided they are qualified to hold such positions.

Final Paycheck

A terminating employee's final paycheck will be adjusted for any unused, earned vacation credit. Employees are paid for all earned vacation. Terminating employees will receive their final pay on the next regular payday following the date of termination, except that an employee dismissed due to a reduction in force shall receive his or her final paycheck on or before the third business day following the last day of employment.

Suspension

Except as provided below, the Superintendent is authorized to suspend an employee without pay as a disciplinary measure, during an investigation into allegations of misconduct, or pending a dismissal hearing whenever, in the Superintendent's judgment, the employee's presence is detrimental to the District. A disciplinary suspension shall be with pay (1) when the employee is exempt from the overtime provisions, or (2) until an employee with an employment contract for a definite term is provided a notice and hearing according to the suspension policy for professional employees.

Any criminal conviction resulting from the investigation or allegations shall require the employee to repay to the District all compensation and the value of all benefits received by the employee during the suspension.  The Superintendent will notify the employee of this requirement when the employee is suspended.

LEGAL REF.:        ILCS 430 et seq.
105 ILCS 5/10-22.34c and 5/10-23.5.
820 ILCS 105/4a.

CROSS REF.:        5:240 (suspension policy for professional employees) and 5:270 (employment at-will,
compensation, and assignment).

ADOPTED: April 20, 1999

REVISED:  December 15, 2008
                      January 26, 2009

5:290

Schedules and Employment Year

For educational support personnel under a Collective Bargaining Agreement (CBA), if the subject matter/topic of this policy is included in the CBA, the terms of the CBA will apply, and not this policy.

Twelve-month employees not covered by any bargaining agreement work daily (Monday through Friday) except holidays and earned vacation time.

Ten-month employees not covered by any bargaining agreement work 10 working days before and after the school calendar.

Administrative office personnel work a 40-hour week with the individual time schedule developed by the supervisor and subject to the District's needs.

The Superintendent shall supervise a process for setting work schedules and an employment year for educational support employees in accordance with State and federal law, Board policy, and applicable agreements and shall;

1.         Assign each employee one supervisor who will establish a work schedule, including breaks, as required by building or District needs, work load, and the efficient management of human resources;

2.       Allow for the ability to respond to changing circumstances by altering work schedules as needed; and

3.       Consider the well-being of the employee.  The Superintendent’s approval is required to establish a flexible work schedule or job-sharing.

Breaks

An employee who works at least 7.5 continuous hours shall receive a 30 minute duty-free meal break that begins within the first 5 hours of the employee's work day. The District accommodates employees who are nursing mothers according to State law.

LEGAL REF.:        Fair Labor Standards Act, 29 U.S.C. §207 et seq.
820 ILCS 105/1 et seq. and 260/1 et seq.
105 ILCS 5/10-20.14a, 5/10-22.34, and 5/10-23.5.

CROSS REF.:        5:35 (Compliance with the Fair Labor Standards Act)

ADOPTED:            April 19, 2000

REVISED:              June 17, 2002
                                December 15, 2008
                                January 26, 2009

5:300

Compensatory Time-Off

For educational support personnel under a Collective Bargaining Agreement (CBA), if the subject matter/topic of this policy is included in the CBA, the terms of the CBA will apply, and not this policy.

Employees may be given 1-1/2 hours of compensatory time-off in lieu of cash payment for each hour of overtime worked.  Other than as provided below, at no time may an employee’s accumulated compensatory time-off exceed 240 hours, which represents compensation for 160 hours of overtime.  An employee whose work regularly includes public safety, emergency response, or seasonal activities may accumulate a maximum of 480 hours of compensatory time, which represents compensation for 320 hours of overtime.  If an employee accrues the maximum number of compensatory time-off hours, the employee:  (1) is paid for any additional overtime hours worked, at the rate of one and one-half times the employee’s regular hourly rate of pay, and (2) does not accumulate compensatory time-off until the employee uses an equal amount of accrued time-off.

An employee who has accrued compensatory time-off shall be permitted to use such time in at least half-day components provided such requests do not unduly disrupt the District’s operations.  The employee’s supervisor must approve a request to use compensatory time-off.

Upon termination of employment, an employee will be paid for unused compensatory time at the higher of:
                1. The average regular rate received by such employee during the last three years of employment; or
                2. The final regular rate received by such employee.

Compensatory time-off is time during which the employee is not working and is, therefore, not counted as “hours worked” for purposes of overtime compensation.

LEGAL REF.: Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; 29 C.F.R. § 553.

CROSS REF.: 5:35 (Compliance with the Fair Labor Standards Act), 5:270 (Employment At-Will, Compensation, and
                          Assignment)

ADOPTED: April 20, 1999

REVISED:  December 15, 2008
                      January 26, 2009

5:310

Employees not covered by any of the following bargaining agreements shall receive the same benefits as employees of the same classification who are covered.

Sick and Bereavement Leave, Personal Leave, Funeral Leave, Leave of Absence Without Pay

For Educational Support Personnel not covered by any bargaining agreement:

Personal Leave

Educational Support Staff members are granted 2 personal leave days per year.

Sick Leave

School year (9-month) employees are allowed 10 sick days a year. Employees who work more than nine months will annually receive 10 sick days plus one additional day for each month of employment over nine.

Vacation

"Agreement Between the Board of Education and Service Employees International Union, Local 316-Custodial and Maintenance Personnel".

Any Unit 10 employee who leaves the service of the District for any reason should be paid for all accumulated, unused vacation time which may be accumulated during a one-year period. In case of the death of any such employee, such vacation pay shall be paid to the estate of that employee.

Holidays

"Agreement Between the Board of Education and Service Employees International Union, Local 316-Custodial and Maintenance Personnel".

Personal Leave

"Agreement Between the Board of Education and Service Employees International Union, Local 316-Custodial and Maintenance Personnel".

Leaves For Service in the Military

Educational support personnel shall receive the same military leave that is granted professional staff.

School Visitation Leave

An eligible employee is entitled to a school visitation leave on the same terms and conditions granted professional staff.

LEGAL REF.: 105 ILCS 5/10-20.7b, 5/24-2, and 5/24-6.

820 ILCS 147.

CROSS REF.: 5:180, 5:185, 5:250

ADOPTED: April 20, 1999

5:330

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