Article 500 – Goals and Objectives

General Personnel
Goals and Objectives

The Board of Education recognizes that the District’s central goal – the education of children at the highest level – is in a very large part dependent on the dedication and work provided by the District’s employees. The Board seeks to develop and implement personnel policies that will allow and enhance the ability of staff to educate children.

Personnel goals include the following:

To create an efficient, harmonious staff that will contribute to the continual improvement of the schools as learning agencies;

To recruit and employ highly qualified and the best personnel possible, within the limits set by the economic condition of the District;

To provide professional development for all personnel that will improve staff performance, promotion, and retention;

To develop a compensation program that will attract and retain highly qualified and the best staff;

To ensure that staff are evaluated in a rigorous and meaningful manner;

To recognize each employee as an individual;

To treats all individuals fairly and encourages improvement;

To improve human relations, and promote satisfaction and a sense of achievement; and

To deploy individual employees for maximum and effective use.

APPROVED: December 2, 1985
AMENDED: March 15, 2012

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Article 501 – Non-School Employment

General Personnel
Non-School Employment

Professional (Certified) Personnel
Outside employment is defined as employment for compensation, which is not within the duties and responsibilities of the employee’s regular position with the school system. However, a given professional position may require additional hours during evenings or other times when offices may be closed.

An employee will not perform any duties related to an outside job during his/her regular working hours or during the additional time that the responsibilities of the position require; nor use any district facilities, equipment or materials in performing outside work without the consent of the Board.

When the periods of work are such that certain evenings, days or vacation periods are duty-free, the employee may use such off-duty time for the purposes of remuneration, provided all the following conditions are met:

  1. The work does not constitute employee conflict of interest (as defined by policy in this Chapter);
  2. The work in no way interferes with the degree of effectiveness of the employee’s work in the school system;
  3. The work in no way reflects detrimentally upon the school system or its prestige; and
  4. The employee does not perform any duties related to the outside job during regular work hours or during the additional time that the responsibilities of his/her position require.

Educational Support (Non-Certified) Personnel
ESP employees shall not be prohibited from holding employment outside the school system so long as such employment does not interfere with regular and overtime scheduled duties for the school system.

POLICY APPROVED: December 2, 1985
POLICY AMENDED:  March 15, 2012

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Article 505 – Equal Employment Opportunity and Minority Recruitment

General Personnel
Equal Employment Opportunity and Minority Recruitment

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; 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; pregnancy, childbirth, or related medical conditions; credit history, unless a satisfactory credit history is an established bona fide occupational requirement of a particular position; or 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.

Administrative Implementation
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.

Nondiscrimination Coordinator:

Name:
Dr. John Capasso
Address:
Prairie Central CUSD #8 605 N. 7th
Fairbury, IL  61739
Telephone:
(815) 692-2504

Complaint Managers:

Name:
Dan Groce
Name:
Paula Crane
Address:
Chenoa Elementary, 600 S. Division
Chenoa, IL  61726
Address:
Westview Elementary, 600 S. First
Fairbury, IL  61739
Telephone:
(815) 945-2971
 Telephone:
(815) 692-2623

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 etseq., 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.
Employee Credit Privacy Act, 820 ILCS 70/.
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.

POLICY READOPTED: April 18, 1994
POLICY AMENDED:   March 15, 2012

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Article 508 – Workplace Harassment Prohibited

General Personnel
Workplace Harassment Prohibited

The School District expects the workplace environment to be productive, respectful, and free of unlawful harassment. District employees shall not engage in harassment or abusive conduct on the basis of an individual’s race, religion, national origin, sex, sexual orientation, age, citizenship status, disability, or other protected status identified in Board policy.

Sexual Harassment Prohibited
The School District shall provide a workplace environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, or communications constituting harassment on the basis of sex 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.

Making a Complaint; Enforcement
A violation of this policy may result in discipline, up to and including discharge.  Any person making a knowingly false accusation regarding harassment will likewise be subject to disciplinary action, up to and including discharge.  An employee’s employment, compensation, or work assignment shall not be adversely affected by complaining or providing information about harassment. Retaliation against employees for bringing bona fide complaints or providing information about harassment is prohibited (see Board Policy Article 296, Public Complaints and Uniform Grievance Procedure).

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

Employees should report claims of harassment to the Nondiscrimination Coordinator and/or use the Board Policy Article 296, Public Complaints and Uniform Grievance Procedure. Employees may choose to report to a person of the employee’s same sex.  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 insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers.

Nondiscrimination Coordinator:

Name:
Dr. John Capasso
Address:
Unit Offices, 605 N. Seventh
Fairbury, IL  61739
Telephone:
(815) 692-2504

Complaint Managers:

Name:
Dr. John Capasso
Name:
Ms. Paula Crane
Address:
Unit Offices, 605 N. Seventh
Fairbury, IL  61739
Address:
Westview Elementary, 600 S. First
Fairbury, IL  61739
Telephone:
(815) 692-2504
Telephone:
(815) 692-2623

The Superintendent shall also use 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.
Ill. Human Rights Act, 775 ILCS 5/2-101(E), 5/2-102(D), 5/5-102, and 5/5-102.2.
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).
Harris v. Forklift Systems, 114 S.Ct. 367 (1993).
Jackson v. Birmingham Board of Education, 125 S.Ct. 1497 (2005).
Meritor Savings Bank v. Vinson, 106 S.Ct. 2399 (1986).
Oncale v. Sundown Offshore Services, 118 S.Ct. 998 (1998).
Porter v. Erie Foods International, Inc., 576 F.3d 629 (7th Cir. 2009).
Sangamon County Sheriff’s Dept. v. Ill. Human Rights Com’n, 908 N.E.2d 39 (Ill., 2009).

POLICY APPROVED: November 17, 2005                                                                         POLICY AMENDED:  April 19, 2012

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Article 508-AP – Administrative Procedure – Sample Questions for Conducting the Internal Sexual Harassment in the Workplace Investigation

General Personnel
Administrative Procedure – Sample Questions for Conducting the Internal Sexual Harassment in the Workplace Investigation

The person charged with conducting the internal sexual harassment investigation must ascertain whether the sexual conduct is unwelcome and whether it affects a term or condition of employment (29 C.F.R. §1604.11(a).  The questions that follow are designed to help the investigator uncover this evidence.  They are not all-inclusive and the exact questions must be designed for the specific allegations in each case.

Is the conduct complained of unwelcome sexual conduct?

“Unwelcome sexual conduct” is that verbal or physical sexual conduct which the employee did not solicit or incite and that which the employee regarded as undesirable or offensive.  It is difficult to discern because the line between welcome and unwelcome sexual conduct is often quite fuzzy.  The Equal Employment Opportunity Commission (EEOC) evaluates the issue of welcomeness in sexual harassment cases on a case-by-case basis.  It looks at the record as a whole, considering the totality of the circumstances.  The wise investigator will do the same.

Below are sample questions that can be used to formulate actual questions for this part of the investigation.

  1. Who is the alleged sexual harasser? What is his/her name?  Is he/she a co-worker or a supervisor?
  2. Is the sexual conduct complained of verbal or physical?
  3. If physical, describe with specificity the nature of the physical conduct, including where the complainant was touched, when, how often, how he/she was approached, who witnessed the physical conduct, and where was the complainant when the conduct took place?
  4. Was medical treatment required? If so, when was he/she treated, how often, by whom, where was he/she treated, and what was the diagnosis?
  5. If medical treatment was not required, was a contemporaneous complaint or protest made to anyone employed by the District or to anyone else? If so, to whom did he/she complain, when was the complaint made, what was stated therein and were there any witnesses to this or these complaints?
  6. If the unwelcome conduct was verbal, what was stated, when, how often, where were the parties when the statements were made, and who witnessed the statements being made?
  7. Was medical treatment required to address the impact of the verbal conduct? If so, when was he/she treated, how often, by whom, where was he/she treated, and what was the diagnosis?
  8. If medical treatment was not required to address the impact of the verbal conduct, was a contemporaneous complaint or protest made to anyone employed by the employer or to anyone else? If so, to whom did he/she complain, when was the complaint made, what was stated therein and were there any witnesses to this or these complaints?
  9. What was the complainant’s response to the physical or verbal conduct? Did he/she tell him/her to stop?  Did he/she complain to others about his/her behavior?  Did he/she ask co-workers, supervisors or managers to make the harassment stop?  If so, obtain all relevant details.
  10. Did the complainant engage in any conduct with the alleged harasser that could have encouraged his/her behavior? If so, what was the conduct, when and where did it occur, how often and who witnessed it?
  11. Did the complainant and the alleged harasser have a prior consensual relationship? If so, how long did it last and when did that relationship end?
  12. Did the complainant make the alleged harasser aware at the point when the sexual advances became unwelcome? If so, when, how was this done, what was communicated to the alleged harasser, and were there any witnesses?
  13. Did the complainant complain about the harassment to the alleged harasser, his/her supervisors, other managers or others? If so, when were the complaints made, what was said, who was present, and what was the response to each complaint?
  14. If no complaints about the alleged harassment were made, why not?
  15. What other actions, if any, did the complainant take to indicate to the alleged harasser that his/her conduct was unwelcome?
  16. Did the complainant engage in any conduct which elicited the unwelcome conduct of the alleged harasser? For example, how did he/she demean him or herself in the workplace, how did he/she dress, did he/she use sexual and provocative language, did he/she engage in sexually provocative conduct, and was this conduct directed towards the alleged harasser?
  17. If they lack knowledge about the harassment, did co-workers, supervisors or managers notice any changes in charging party’s behavior at work or in the alleged harasser’s treatment of the charging party?
  18. Has the alleged harasser been accused of sexual harassment by other employees? If so, when, and were the allegations investigated?  If so, what was the result of the investigation, and what was management’s response, i.e., what remedy was imposed?

Did the work environment become hostile?

To ascertain whether unwelcome sexual conduct rises to the level of a “hostile environment” in violation of Title VII, the major inquiry is whether the conduct “unreasonably interferes with an individual’s performance” or creates “an intimidating, hostile, or offensive working environment.” (29 C.F.R. §1601.11(a)3).  Thus, trivial or annoying conduct such as sexual flirtation or innuendo or vulgar language would probably not establish a hostile environment.  The challenged conduct must substantially affect the work environment of a reasonable person for a violation to be found.

Consider the following additional questions for this part of the inquiry:

  1. What effect, if any, did the alleged harassment have upon the complainant’s ability to perform his/her job?
  2. What effect, if any, did the alleged harassment have upon the complainant’s mental or physical health or well-being?
  3. What was the sexual character of the work environment before the complainant entered the environment? Were sexual comments and actions common?  If so, what types, when did they occur?  Who was involved?  Were supervisors involved or just co-workers?
  4. Did the character of the workplace change after complainant joined the workplace? If so, how?  What was complainant’s behavior?  How did the accused and other co-workers or supervisors respond to complainant’s behavior?
  5. Was the complaint of verbal or physical behavior directed at persons other than complainant? If so, who were they?  What conduct was directed towards them, when, how frequently, who was present, where did it occur and who witnessed it?  How did these persons react to the physical or verbal conduct?
  6. Did the alleged harasser single out the charging party? If so, how, when, where, and why?
  7. Did others join in perpetrating the harassment? If so, who?  What was done; when, where, who witnessed the conduct, and were others harassed too?
  8. If the complaint of conduct was verbal, what were the remarks? Were they hostile and derogatory?  What was the frequency and context of the comments?  Were the parties in or out of the workplace when the comments were made?
  9. Was the alleged harassment observed by supervisors, managers, or other co-workers? If so, by whom, when, where, and what was observed?
  10. Was the alleged harassment observed by former employees or others outside the workplace? If so, by whom, when, where, and what was seen?

Was the harassment quid pro quo?

In order to properly ascertain the employer’s liability for sexual harassment, it is important to distinguish between hostile environment cases and those involving quid pro quo harassment.  An employer will always be held responsible for acts of quid pro quo harassment since this conduct occurs in situations in which a supervisor is exercising authority over terms and conditions of employment granted to him/her by his/her employer.  Liability will be assessed for quid pro quo sexual harassment unless the employer took definite and prompt action to stop the harassment.

In hostile environment cases, on the other hand, employers are liable where they knew or should have known of the alleged misconduct.

To further ferret out any quid pro quo harassment and the employer’s response to it, include questions such as the following:

  1. What sexual conduct is the supervisor accused of? When, where, how often did it occur, and who observed?
  2. Was the supervisor asked by the complainant to stop? If so, when, where, how often, and who observed?
  3. If a complaint of the alleged harassment by the supervisor was made to another supervisor or managerial employee, what acts, if any, did he or she take to stop the on-going harassment?
  4. If no complaint was made, did the complainant’s behavior change in any way that would have put management on notice that he/she was being sexually harassed?
  5. If no complaint was made, did the complainant’s co-workers engage in any conduct that would have put management on notice that he/she was being sexually harassed?
  6. How was the complainant’s employment affected by the alleged supervisor’s harassment? Was he/she denied a salary increase, a promotion, a job transfer, etc.? If so, when?
  7. Was the complainant treated differently from similarly situated employees in regard to the denied salary increase, promotion, job transfer, etc.? If so, who was treated differently by this same supervisor?
  8. Were the supervisor’s sexual attentions to other employees different from those directed to the complainant? If so, how?  Who witnessed these differences?
  9. Was anything done by management to stop the supervisor’s misconduct? If so, what, when, and was this communicated to the victim?
  10. Did the alleged misconduct occur on or off the employee’s premises? Were there any witnesses?  If so, who and what was observed?

POLICY APPROVED: November 17, 2005
POLICY AMENDED: April 19, 2012

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Article 510 – Hiring Process and Criteria

General Personnel
Hiring Process and Criteria

The District hires the most qualified personnel consistent with budget and staffing requirements and in compliance with School Board policy on equal employment opportunity and minority recruitment. If the Superintendent’s recommendation is rejected, the Superintendent must submit another. No individual will be employed who has been convicted of a criminal offense listed in Section 5/21B-80 of the School Code.

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

Job Descriptions
The Superintendent shall develop and maintain a current comprehensive job description for each position or job category.

Investigations
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 is performed on each applicant as required by State law. The Superintendent or designee shall notify an applicant if the applicant is identified in either database. The School Code requires the Board President to keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent, State Educator Preparation and Licensure Board, any other person necessary to the hiring decision, or for purposes of clarifying the information, the Department of State Police and/or Statewide Sex Offender Database.

The Superintendent or designee shall ensure that an applicant’s credit history or report from a consumer reporting agency is used only when a satisfactory credit history is an established bona fide occupational requirement of a particular position.

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 Section 5/21B-80 of the School Code or who falsifies, or omits facts from, his or her employment application or other employment documents.

Physical Examinations
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 employee must have the physical examination and tuberculin test performed no more than 90 days before submitting evidence of it 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.

Orientation Program
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, 5/10-20.7, 5/10-21.4, 5/10-21.9, 5/21B-10, 5/21B-80, 5/10-22.34, 5/10-22.34b, 5/22-6.5, and 5/24-1 et seq.
820 ILCS 55/ and 70/.
Duldulao v. St. Mary of Nazareth Hospital, 483 N.E.2d 956 (Ill.App.1, 1985), aff’d in part and remanded 505 N.E.2d 314 (Ill., 1987).
Kaiser v. Dixon, 468 N.E.2d 822 (Ill.App.2, 1984).
Molitor v. Chicago Title & Trust Co., 59 N.E.2d 695 (Ill.App.1, 1945).

POLICY APPROVED: November 17, 2005
POLICY AMENDED:  March 15, 2012

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Article 510-AP1 – Administrative Procedure – Interview Questions

General Personnel
Administrative Procedure – Interview Questions

The anti-discrimination laws affect all steps of the employee hiring process. Knowledge of the characteristics on which these laws prohibit inquiry is especially critical when conducting interviews. Sloppy interview practices can result in the appearance of illegal discrimination or even actual discrimination.
Interviewers should avoid seeking information that will not be used to make an employment decision. Assume that a rejected applicant may believe that all information acquired was used. It will be the District’s burden to explain that not all information elicited was used – a very difficult burden when the information involves race, sex, religion, age, disability, etc. Information needed for insurance, tax, social security, or similar purposes should be obtained after employment. The following list of protected characteristics may not be complete because of the rapidly changing nature of discrimination laws.

Protected StatusDo not askPermissible to ask
Race and colorWhat race are your parents?
Alienage, ancestry, national origin, nationality, and citizen status (provided the individual is authorized to work in the U.S.)In what country were you born?
In what country were your parents born?
Are you a naturalized citizen?
Are you legally authorized to work in the United States?
What languages do you read, speak or write fluently?
Marital StatusAre you married? Single? Divorced? Engaged?
Are you living with someone?
Would your spouse move with you if you got this position?
What is your maiden name?
Gender, including parent and pregnancy statusWhat are your future family plans?
Are you pregnant?
Do you have children? What are their ages?
Do you have child care?
Is there anything that would interfere with regular work attendance?
Are you available to work overtime?
Sexual orientation, including actual or perceived heterosexuality, homosexuality, bisexuality, or gender-related identityDo you have a spouse or partner - which?How do you feel about supervising a diverse workplace?
Religion or creedWhat religious holidays do you celebrate?What days are you available to work?
AgeWhen do you plan to retire?
How would you feel about working for someone younger than you?
What are your long-term career goals?
Military statusWill you miss work because you are a member of a U.S. Reserve unit, such as, Army Reserve or Marine Corps Reserve, or a member of a National Guard unit?How does your military training or experience prepare you for this job?
Unfavorable discharge from military serviceUnder what circumstances were you discharged from service?
Arrest recordHave you ever been arrested?
Spent time in jail?
Have you ever been convicted of a crime?
Have you ever been employed under a different name?
Use of lawful products during non-working hoursDo you smoke or use tobacco products during non-working hours?
Do you consume alcoholic beverages during non-working hours?
Have you been disciplined by an employer for violating its rules forbidding the use of alcohol or tobacco products?
Genetic informationWhat were the results of any diagnostic, predictive, or pre-symptomatic genetic testing that you've had?See section on disability below.
Whether applicant has ever filed a claim or received benefits under the Illinois Workers' Compensation Act or Workers' Occupational Diseases ActHave you ever filed a claim or received benefits under the Illinois Workers' Compensation Act or Workers' Occupational Disease Act?
Credit history/report, unless the Employee Credit Privacy Act permits a satisfactory credit history to be a job requirement, such as, the position’s duties include custody of or unsupervised access to cash or marketable assets valued at $2,500 or more. 820 ILCS 70/, added by P.A. 96-1426.Unless the Employee Credit Privacy Act permits a satisfactory credit history to be a job requirement for a specific position, do not ask:
Do you have a good credit score?
Have you been denied a credit card with the last 5 years?
Have you ever filed bankruptcy?
How long have you lived at your current address?

Disability
Inquiries that are likely to elicit information about a disability, before a bona fide job offer is made, are prohibited. Inquiries about the ability to perform job functions that do not ask about disabilities are permissible.

Protected StatusDo not askPermissible to ask, provided all applicants are asked
DisabilityHave you had any recent illnesses or operations?
Do you have AIDS?
Do you have asthma?
Do you have a disability which would interfere with your ability to perform the job?
How many days were you sick last year?
Have you ever filed for Workers' Compensation?
Have you ever been injured on the job?
How much alcohol do you drink each week?
Have you ever been treated for alcohol problems?
Have you ever been treated for mental health problems?
What prescription drugs are you currently taking?
Can you perform the functions of this job (essential and/or marginal), with or without reasonable accommodation?
Please describe/demonstrate how you would perform these functions (essential and/or marginal).
Have you ever been disciplined (oral or written reprimand, suspension, or termination) for attendance violations or problems?
Are you a current user of illegal drugs?
Do you have the required licenses to perform this job?

POLICY APPROVED: March 15, 2012

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Article 510-AP2 – Administrative Procedure – Investigations

General Personnel
Administrative Procedure – Investigations

Immigration Investigation
All newly hired employees must complete section one of the Immigration and Naturalization Service Form I-9 no later than 3 business days following their first working day (Immigration Reform and Control Act, 8 U.S.C. §1324a, 8 C.F.R. §274a.2). If an individual is unable to provide the required documents to complete it, the individual may present a receipt for the application of the required documents within 3 days of the hire. The individual must then present the required documents within 90 days of the hire. The Superintendent or designee completes section two of the Form I-9 and confirms the employee’s information.

If the Employment Eligibility Verification System (E-Verify) is used to complete Form I-9, the Superintendent or designee will review the Ill. Dept. of Labor’s website and its E-Verify fact sheet, available at: www.state.il.us/Agency/idol/Forms/PDFs/everify.pdf. See, the Ill. Dept. of Labor Right to Privacy in the Workplace Act, 820 ILCS 55/12.

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 History Records Check
Note: These requirements are in 105 ILCS 5/10-21.9 (amended by P.A.s 96-1452 and 97-607) and 105 ILCS 5/21-9 (amended by P.A.s 96-1489 and 97-607 and scheduled to repeal on June 30, 2013 by P.A. 97-607). See also the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.); Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105, amended by 97-154); policy 4:170, Safety; and administrative procedure 4:170-AP2, Criminal Offender Notification Laws. A detailed “Guide to Understanding Criminal Background Check Information” is available at: www.isp.state.il.us/docs/5-727.pdf. Important: 20 ILCS 2630/5(h)(2)(A) outlines how an individual may petition to have an arrest record expunged by the arresting authority and the records of the arrest sealed by the circuit court clerk. It also details offenses for which an individual cannot have his or her conviction sealed.

The following individuals are responsible for the actions listed:

Applicant – Each applicant for employment in any position (except bus driver) must provide a written authorization for a fingerprint-based criminal history records check at the time he or she submits the application.

Student Teacher – Each student teacher must provide payment of the costs of and a written authorization for his or her higher educational institution to perform a fingerprint-based criminal history records check and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database prior to participating in any field experiences in the District. See 105 ILCS 5/10-21.9(g), amended by P.A. 96-1452.

Applicant for Bus Driver – Each applicant for a bus driver position must complete the application required by the Secretary of State for a school bus driver permit (obtained from the District) and submit it to the District along with the necessary fingerprint submission as required by the Department of State Police to conduct a fingerprint-based criminal history records check.  The Superintendent or designee will conduct a pre-employment interview with prospective school bus driver candidates, distribute school bus driver applications and medical forms, and submit the applicant’s fingerprint cards to the Department of State Police.  The Superintendent or designee will certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed, including the successful completion of a criminal history records check as required by State law.  The applicant must present the certification to the Secretary of State at the time of submitting the school bus driver permit application. See 625 ILCS 5/6-106.1, amended by P.A. 96-962 and P.A. 96-1182 and 105 ILCS 5/10-21.9(g), amended by P.A. 96-1452.

Superintendent – Note: Add any additional steps to efficiently receive a fingerprint-based criminal history records check.

    1. Fingerprint-Based Criminal History Records Check:

For all applicants, the Superintendent or designee completes the required forms in order to request a fingerprint-based criminal history records check from an appropriate police or live scan agency. Note: Superintendents will need to ensure that their districts perform these checks again for substitute teachers. Contact the board attorney and/or ISBE regarding the validity of a certificate of authorization, if a substitute teacher presents one. From Jan. 1, 2011 through July 1, 2011, the Regional Superintendent of Schools or Suburban Cook County Intermediate Service Center, whichever is appropriate, was allowed to issue certificates of authorization to substitute teachers (105 ILCS 5/21-9(c), amended by P.A. 96-1489 and deleted by P.A. 97-607). Issuance of a certificate of authorization was proof that the substitute teacher applicant had met all of the requirements to substitute teach in the educational service region; i.e., a fingerprint-based criminal history records check, a physical examination, and a negative tuberculin test. Because P.A. 97-607 deleted certificates of authorization, substitute teachers will no longer receive them because they no longer exist. For those substitute teachers who did receive them, there is not an answer to the question of whether their certificates of authorization are still valid. Attorneys in the field suggest looking for an expiration date on the certificate of authorization. If the document has no expiration date, it is likely invalid because the document no longer exists. If there is an expiration date, then the document is likely valid until the date listed.

For student teachers, the Superintendent works with the higher education institution where the student teacher is enrolled to obtain or ensure that the student teacher completes the required forms to request a fingerprint-based criminal history records check (105 ILCS 5/10-21.9(g), amended by P.A.s 96-1452 and 97-154).

This may include submitting the applicant’s name, sex, race, date of birth, social security number, fingerprint images, and other identifiers to the Department of State Police on the forms prescribed by the it.

The Superintendent or designee will provide the applicant with a copy of the conviction record obtained from the Department of State Police. Required by 105 ILCS 5/10-21.9(b).

      1. Check of the statewide offender databases. The Superintendent or designee performs a check of the Statewide Sex Offender Database, as authorized by the Sex Offender and Child Murderer Community Notification Law (730 ILCS 152/115), for each applicant of:
        1. The Statewide Sex Offender Database (a/k/a Sex Offender Registry), isp.state.il.us/sor, as authorized by the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.), and
        2. The Statewide Murderer and Violent Offender Against Youth Registry (isp.state.il.us/cmvo/), as authorized by the Child Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105, amended by P.A. 97-154).The Superintendent or designee notifies an applicant if the applicant is identified in the database as a sex offender. [Required by 105 ILCS 5/10-21.9 (a-5), (a-6) (amended by P.A. 97-154), and (b).

State Police and FBI – The Department of State Police and FBI furnish records of convictions (until expunged), pursuant to a fingerprint-based criminal history records check, to the School Board President or for a student teacher, the Superintendent and the higher education institution where the student teacher is enrolled. Note: The State Police and FBI must “furnish, pursuant to a fingerprint-based criminal history records check, records of convictions, until expunged, to the president of the school board…”. See 105 ILCS 5/10-21.9(a) and (g), amended by P.A.s 96-1452 and 97-154.

Board President – The School Code requires the Board President to keep a conviction record confidential. The information may only be shared between the Board President, the Superintendent or designee, Regional Superintendent (if the check was requested by the District), State Superintendent of Schools, State Educator Preparation and Licensure Board, any other person necessary to the hiring decision, or for clarification purposes, the Department of State Police and/or Statewide Sex Offender Database. See 105 ILCS 5/10-21.9(b) (amended by P.A. 96-1452) and 105 ILCS 5/21B-10 (added by P.A. 97-607).

Regional Superintendent/Suburban Cook County Intermediate Service Center – Whenever an applicant is seeking employment in more than one District as either a substitute or part-time teacher or educational support personnel employee, the Superintendent or designee may require the applicant to authorize the Regional Superintendent to conduct the check.  The Regional Superintendent also performs a check of the Statewide Sex Offender Database (www.isp.state.il.us/sor) as authorized by the Sex Offender Community Notification Law (730 ILCS 152/115) and the Violent Offender Against Youth Database (www.isp.state.il.us/cmvo/) as authorized by the Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105, amended by P.A. 97-154). See 105 ILCS 5/10-21.9 (a-5), (a-6)(amended by P.A. 97-154), and (b).

Contractors – The above requirements for fingerprint-based criminal history records check apply to every employee or agent of any contractor if the employee or agent has direct, daily contact with students.  Note: The provisions in 105 ILCS 5/10-21.9(f) and (g) (amended by P.A.s 97-607 and 97-154) apply to employees of contractors who have “direct, daily contact with students.” Thus, districts must: (1) seek a fingerprint-based criminal history records check for all such employees, or (2) include a provision in the contract with the contractor that the contractor will obtain the fingerprint-based criminal history records check and submit it to the district. All contracts should require the contractor to purchase insurance to cover misconduct by their employees and/or an indemnification clause. Additionally, a district should check its own insurance coverage to determine whether employees of contractors are covered. Last, if a district receives information that concerns the record of conviction and identification as a sex offender of any contractors’ employees, the district must provide the information to another school, school district, community college district, or private school that requests it (105 ILCS 5/10-21.9(h), amended by P.A. 97-248).

District – The School District complies with 105 ILCS 5/10-21.9 (amended by P.A.s 97-154, 97-248, and 97-607) and 5/21B-80 (added by P.A. 97-607).  It will not knowingly employ a person, or allow a person to work or student teach on school grounds, who:

      1. Has been convicted of committing or attempting to commit any one or more of the following offenses:
        1. Attempting to commit, conspiring to commit, soliciting, or committing first-degree murder or any Class X felony.
        2. Sex offenses as defined in Sections 11-6 and 11-9 through 11-9.5, inclusive, Sections 11-14 through 11-21, inclusive, Sections 11-23 (if punished as a Class 3 felony), 11-24, 11-25, and 11-26, and Sections 12-4.9, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-32, and 12-33 of the Criminal Code of 1961.
        3. Those defined in the Cannabis Control Act, 720 ILCS 550/, except 720 ILCS 550/4(a), 550/4(b), and 550/5(a).
        4. Those defined in the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq.
        5. Those defined in the Methamphetamine Control and Community Protection Act, 720 ILCS 646/.
        6. Any offense committed or attempted in any other state or against the laws of the United States, which if committed or attempted in Illinois, would have been punishable as one or more of the foregoing offenses.
      2. Has been found to be the perpetrator of sexual or physical abuse of any minor less than 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987.

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 Illinois Department of Employment Security.  See 820 ILCS 405/1801.1.

POLICY APPROVED: November 17, 2005
POLICY AMENDED:  March 15, 2012

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Article 512 – Compliance with the Fair Labor Standards Act

General Personnel
Compliance with the Fair Labor Standards Act

Job Classifications
The Superintendent will ensure that all job positions are identified as either “exempt” or “non-exempt” according to State law and the Fair Labor Standards Act (FLSA) and that employees are informed whether they are “exempt” or “non-exempt.” “Exempt” and “non-exempt” employee categories may include certificated and non-certificated job positions. All non-exempt employees, whether paid on a salary or hourly basis, are covered by minimum wage and overtime provisions.

Workweek and Compensation
The workweek for District employees will be 12:00 a.m. Saturday until 11:59 p.m. Friday. Non-exempt employees will be compensated for all hours worked in a workweek including overtime. For non-exempt employees paid a salary, the salary is paid for a 40-hour workweek even if an employee is scheduled for less than 40 hours. “Overtime” is time worked in excess of 40 hours in a single workweek.

Overtime
The School Board discourages overtime work by non-exempt employees. A non-exempt employee shall not work overtime without his or her supervisor’s express approval. All supervisors of non-exempt employees shall: (1) monitor overtime use on a weekly basis and report such use to the business office, (2) seek the Superintendent or designee’s written pre-approval for any long term or repeated use of overtime that can be reasonably anticipated, (3) ensure that overtime provisions of this policy and the FLSA are followed, and (4) ensure that employees are compensated for any overtime worked. Accurate and complete time sheets of actual hours worked during the workweek shall be signed by each employee and submitted to the business office. The business office will review work records of employees on a regular basis, make an assessment of overtime use, and provide the assessment to the Superintendent.

Implementation
The Superintendent or designee shall implement the policy in accordance with the FLSA, including its required notices to employees. In the event of a conflict between the policy and State or federal law, the latter shall control.

LEGAL REF.: 820 ILCS 105/4a. Fair Labor Standards Act, 29 U.S.C. §201 et seq., 29 C.F.R. Parts 516, 541,
548, 553, 778, and 785.

APPROVED: July 24, 2012

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Article 512-AP1 – Administrative Procedure – Fair Labor Standards Act Exemptions

General Personnel
Administrative Procedure – Fair Labor Standards Act Exemptions

Non-covered persons: Independent contractors, volunteers, trainees (e.g., student teachers) who: (1) receive academic credit for their work experience, (2) do not displace regular employees, (3) work under close supervision, and (4) are not entitled to a job at the end of their training

Exempt Employees
Executive employees: Superintendent

Administrative employees: Building Principals, assistant principals (deans), program supervisors, other certificated administrative staff

Professional employees: Teachers, counselors, other non-supervising certificated staff

Non-Exempt Employees
Secretaries, cafeteria workers, bus drivers/transportation workers, custodians, maintenance workers, nurses, and paraprofessionals

APPROVED: July 24, 2012

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Article 512-AP2 – Administrative Procedure – Employee Records Required by the Fair Labor Standards Act

General Personnel
Administrative Procedure – Employee Records Required by the Fair Labor Standards Act
ActorAction
Business office Working with supervisors of non-exempt employeesKeep the following records concerning non-exempt employees for 3 years:
1. Full name and social security number and, on the same record, any symbol that might be used in place of the employee’s name on any time, work or payroll records;
2. Home address, including zip code;
3. Date of birth, if under age 19;
4. Gender and the employee’s occupation;
5. Time of day and day of week on which the employee’s workweek begins;
6. Explain: i) the hourly rate of pay for any workweek when overtime is due; ii) the basis on which wages are paid; and iii) the amount and nature of each payment that is excluded from the regular rate;
7. Hours worked by the employee each workday and the total hours each workweek;
8. Total daily or weekly straight time earnings, excluding overtime pay;
9. Total pay for overtime hours;
10. Total additions to or deductions from wages paid each pay period;
11. Total wages paid each pay period; and
12. Date of payment and the pay period covered by the payment.
Business office working with supervisors of exempt employeesKeep the following records concerning exempt employees for 3 years - the records listed in numbers 1-5, 11, and 12 above and a record showing the basis on which the exempt employee’s wages are paid.
Building PrincipalKeep records regarding the posting of notices.

APPROVED: July 24, 2012

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Article 512-AP3 – Administrative Procedure – Compensable Work Time for Non-Exempt Employees Under the FLSA

General Personnel
Administrative Procedure – Compensable Work Time for Non-Exempt Employees Under the FLSA

Compensable Time Defined for Non-Exempt Employees

Non-Exempt Employee – The term “non-exempt employee” refers to employees who are not exempt from the overtime provisions in the wage and hour laws.  See administrative procedure 512-AP1, Fair Labor Standards Act Exemptions.

Hours WorkedNon-exempt employees must be compensated for all hours worked in a workweek. In general, hours worked include:

  • All the time an employee must be on duty;
  • All the time an employee must be on the employer’s premises;
  • All the time an employee must be at any other prescribed place of work; and
  • Any additional time the employee is allowed, i.e., “suffered or permitted” to work.

Suffered or Permitted to WorkIf an employer knows or has reason to know that a non-exempt employee starts work early or continues to work late, it is considered work time. 29 C.F.R. §785.11.

This includes knowing or having reason to know that an employee works at home, e.g., as when a Building Principal’s secretary calls for substitutes early in the morning. 29 C.F.R. §785.12.

If an employee works additional straight time, at the regular rate of pay, or overtime hours without authorization, that employee must still be compensated but may be disciplined for violating School Board policy.

Volunteering to Perform Regular Work – Non-exempt employees may not volunteer to perform their regular work duties off-the-clock and without compensation.  29 U.S.C. §203(e)(4)(A).  An employee must be paid even if he or she offers to do the work on his or her “own time.”  Employees may not waive wage and hour law requirements.

Volunteering to Perform Services that Are Not the Same as Regular Work – Non-exempt employees may volunteer to perform services under these conditions:  (1) the volunteer services are not the same as or similar to the employee’s regular work duties, (2) the employee offers the services freely and without coercion, and (3) the employee provides the services without promise of compensation although a volunteer may be paid “expenses, reasonable benefits, or a nominal fee to perform such services.” 29 U.S.C. §203(e)(4)(A), 29 C.F.R. §553.101 and 103.  A fee is not nominal if it is a substitute for compensation or tied to productivity.  29 C.F.R. §553.106(e).  While the specific circumstances in each case must be analyzed, the District will generally limit nominal pay to employees for volunteer services to no more than 20% of what the District would otherwise pay to hire an employee for the same services.  Wage and Hour Opinion Letters FLSA2006-28 (8/7/06) and FLSA2005-51.

Examples of Hours Worked for Non-Exempt Employees

  • Meal periods, unless the employee is completely relieved of all duties and free to leave the duty post for at least 30 minutes. Teacher aides who must supervise students during their lunch are not considered relieved of duties.  Employees who eat at their desk and answer phones or otherwise perform work are not considered relieved of duties.
  • Attendance at inservices, meetings, or lectures, unless: (1) attendance is outside the employee’s regular working hours, (2) attendance is voluntary, (3) the activity is not related to the employee’s job, and (4) the employee performs no productive work for the District.
  • Coffee breaks or rest periods of 20 minutes or less.
  • Work done at home if the supervisor knows or should have known that such work was done.
  • Work done before or after regular hours or on weekends.
  • On-call time if the employee is required to remain on the employer’s premises or so close that he/she is unable to use the time effectively for his/her own purposes while on-call.
  • Transporting material to a worksite before the start of the workday.
  • Time spent preparing for work, e.g., bus drivers doing safety checks before the route or securing the bus after the route.
  • Clean-up work at the end of a shift.
  • Travel time during the workday from one job site to another, e.g., non-exempt school nurses traveling from one school to another.
  • Travel time during the regular working hours, even if it is the weekend.
  • Attending a Board meeting at night either to take minutes or perform some other required or assigned duty.

APPROVED:   July 24, 2012

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Article 515 – Communicable and Chronic Infectious Diseases

General Personnel
Communicable and Chronic Infectious Diseases

The Superintendent shall develop and implement procedures for managing known or suspected cases of a communicable and chronic infectious disease involving District employees that are consistent with State and federal law, Illinois Department of Public Health rules, and School Board policies.
An employee with a communicable or chronic infectious disease is encouraged to inform the Superintendent immediately and grant consent to being monitored by the District’s Communicable and Chronic Infectious Disease Review Team. The Review Team, if used, provides information and recommendations to the Superintendent concerning the employee’s conditions of employment and necessary accommodations. The Review Team shall hold the employee’s medical condition and records in strictest confidence, except to the extent allowed by law.

An employee with a communicable or chronic infectious disease will be permitted to retain his or her position 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. An employee with a communicable and chronic infectious disease remains subject to the Board’s employment policies including sick and/or other leave, physical examinations, temporary and permanent disability, and termination.

LEGAL REF.: Americans With Disabilities Act, 42 U.S.C. §12101 et seq.; 29 C.F.R. §1630.1 et seq.
Rehabilitation Act of 1973, 29 U.S.C. §791; 34 C.F.R. §104.1 et seq.
Department of Public Health Act, 20 ILCS 2305/6.
105 ILCS 5/24-5.
Personnel Record Review Act, 820 ILCS 40/.
Control of Communicable Diseases, 77 Ill.Admin.Code Part 690.

POLICY ADOPTED: February 15, 1988 POLICY AMENDED: April 19, 2012

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Article 515-AP1 – Administrative Procedure – Communicable and Chronic Infectious Diseases

General Personnel
Administrative Procedure – Communicable and Chronic Infectious Diseases

The following procedures will be implemented when a District employee has a communicable and/or chronic infectious disease.  A copy of the procedures will be given the employee.

Evaluation of the Employee’s Condition

  1. The employee who has or is suspected of having a communicable and chronic infectious disease is encouraged to inform the Superintendent immediately.
  2. The Superintendent will inform the Communicable and Chronic Infectious Disease Review Team within 3 days.
  3. The Communicable and Chronic Infectious Disease Review Team will meet within 3 days to:
    1. Meet with the employee or a member of the employee’s family to review the status of the employee’s health, and
    2. Evaluate the employee and submit a written report with recommendations to the Superintendent.
  4. The School Board will receive a report, both written and verbal, of the Communicable and Chronic Infectious Disease Review Team’s evaluation from the Superintendent.
  5. The employee or a member of the employee’s family will receive a report, both written and verbal, of the Communicable and Chronic Infectious Disease Review Team’s evaluation from the Superintendent.
  6. The employee may be required to submit to a physical examination, given by a physician chosen and paid for by the District.

Monitoring Employee’s Condition
The employee’s health condition will be reviewed on a schedule determined by the Communicable and Chronic Infectious Disease Review Team.  The Team’s employee status report will be given to the Superintendent.

Each status report will indicate an employment recommendation for the employee, such as:

  1. Continued employment at the same position, with possible accommodations,
  2. Continued employment but transfer to another position, with possible accommodations,
  3. Temporary exclusion from the work place, or
  4. Dismissal.

Employee Dismissal
The dismissal of an employee on contractual continued service shall be in accordance with 105 ILCS 5/24-12.

The dismissal of an employee not on contractual continued service shall be in accordance with the law or policy applicable to his or her position.

Confidentiality
The employee’s medical condition and records shall be held in strictest confidence and shared only with members of the Communicable and Chronic Infectious Disease Review Team, the employee’s direct supervisor, and someone who would need to know in the event of an emergency.  Medical records will not become part of the employee’s personnel file.

POLICY ADOPTED:   April 19, 2012

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Article 515-AP2 – Administrative Procedure – Control of Blood-borne Pathogens

General Personnel
Administrative Procedure – Control of Blood-borne Pathogens

It is the policy of the Board of Education to maintain a safe work environment where the risk of infection from blood-borne pathogens is strictly controlled in accordance with standards presented by the Occupational Safety Health Administration (OSHA) and the Illinois Department of Public Health (DPH).

Because school districts may not always be aware of when an individual poses a risk of transmitting an infection from a blood-borne pathogen, all staff shall be provided with safety training regarding the control of blood-borne pathogens. All employees at risk for occupational exposure to Hepatitis B shall be provided with the opportunity to receive inoculations against the virus, at no cost to the employee. Appropriate personal protective equipment will be provided where necessary.

The Superintendent or his/her designee shall ensure timely training of staff by qualified personnel on the risks associated with infection from blood-borne pathogens and appropriate safety procedures and the availability of appropriate personal protective equipment.

The Coordinator of Health Services shall be notified any time there is an employee who reports exposure to potentially contaminated materials and shall ensure appropriate follow up, as medically indicated and in accordance with the policy and Department of Public Health Regulations.

RULES AND REGULATIONS

Definitions

For the purposes of this policy the following definitions shall pertain:

  1. Blood means human blood, blood products and components.
  2. Employee includes approved volunteers who assist professional staff with students on a regular (weekly/twice monthly) basis.
  3. Occupational exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral (piercing the skin) exposure with human blood or other potentially infectious materials that may result from the performance of an employee’s duties.
  4. Other potentially infectious materials means human body fluids: semen, vaginal secretion, synovial fluids, pleural fluid, pericardial fluid, peritoneal fluid, amniotic fluid, saliva in dental procedures/oral injuries, any body fluid that is visibly contaminated with blood and all body fluids where it is difficult or impossible to differentiate between body fluids, unfixed tissue or organs, or HIV or Hepatitis B or C containing materials, human or animal.
  5. Professional staff, for purposes of this policy only, means teachers, including student teachers; school service personnel or students completing educational placements with school service personnel; and certificated administrators or coaches.

Safety And Training Procedures

All staff members must be oriented and trained at the time of hire and annually thereafter and as changes occur. The District will provide the training free of cost to the employee, during work hours. Training and safety information minimally shall cover the subjects required by the Illinois State Board Education and Illinois Department of Public Health guidelines for Management of Chronic Infectious Diseases in School Children, and include:

  1. The location of an accessible copy of the OSHA regulations regarding the control of blood-borne pathogens and an explanation of its contents and
  2. Information regarding the District’s exposure control plan and the means by which a written copy of the plan can be obtained.

Hygiene Requirements

All staff members should practice principles designed to protect themselves and others from infection, treating all blood and most body fluids as if known to be infectious (Universal Precautions). The Executive Director/Associate Superintendent responsible for health services and the Coordinator of Health Services shall develop and implement employee training regarding the maintenance of good hygiene, consistent with the requirements and guidelines of OSHA and the Illinois Department of Public Health.

Housekeeping Procedures

The District’s housekeeping procedures and any maintenance contract entered into by the District shall take into consideration the OSHA and Illinois Department of Public Health regulations and guidelines regarding control of blood-borne pathogens and the maintenance of a clean, safe, and healthful school environment.

Managing An Exposure/Incident

  1. District Procedures: The Coordinator of Health Services shall develop procedures for managing an exposure incident, consistent with the requirements and guidelines of OSHA and the Illinois Department of Public Health, and ensure those procedures are incorporated into employee training.
  2. Building Response: If an employee is exposed to potentially contaminated materials, the employee shall notify the School Nurse and building Principal of the incident, who shall initiate contamination investigation and containment procedures. A confidential medical examination shall be offered to any employee potentially exposed to contaminated materials.

Maintaining Records

The District shall maintain:

    1. Exposure Incidents: Written reports of each exposure incident, utilizing the “Report of Blood-borne Pathogen Exposure Incident” form available in the School Nurse’s or Principal’s office;
    2. Medical Records: Written accurate medical records for each employee with an Occupational Exposure. The records shall include:
      1. Name, social security number and date of incident;
      2. Hepatitis B vaccination status, including dates of vaccination and the employee’s ability to receive vaccination;
      3. Exposure incident records and follow-up examination records, including written medical opinions; and
      4. The information provided to the healthcare professional;

These medical records must be kept confidential and retained for 30 years;
and

  1. Training Records: Employee training records shall include:
    1. A content outline of the training;
    2. Dates of the presentations;
    3. Names and qualifications of presenters; and
    4. Attendee list.

    Training records must be retained for three years from the date of training.

LEGAL REF.: 105 ILCS 5/10-21.11 Infectious Disease Policies & Rules
105 ILCS 115/1 Eye Protective Devices Required
410 ILCS 315/0.01 et seq. Communicable Disease Prevention Act
410 ILCS 50/0.01 Medical Patients Rights Act
410 ILCS 305/9 et seq. Aids Confidentiality Act

POLICY ADOPTED: April 19, 2012

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Article 518 – Drug and Alcohol-Free Workplace

General Personnel
Administrative Procedure – Control of Blood-borne Pathogens

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, and
  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 means a substance 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:
    1. The dangers of drug abuse in the workplace,
    2. Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
    3. The penalties that the District may impose upon employees for violations 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 School Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse, employee-assistance rehabilitation program.

The Board 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.:        Americans With Disabilities Act, 42 U.S.C. §12114.
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.
Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101 et seq.
Drug-Free Workplace Act, 30 ILCS 580/.

POLICY APPROVED: November 17, 2005

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Article 520 – Expenses

General Personnel
Expenses

The School Board shall reimburse employees for expenses necessary for the performance of their duties, provided the expenses have been approved by the Superintendent or designee. 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 Board in its regular bill process.

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

APPROVED: July 24, 2012

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Article 520-AP – Administrative Procedure – Expenses

General Personnel
Administrative Procedure – Expenses

Registration Fees
When possible, registration fees will be paid by the District in advance.

Transportation Costs
The least expensive transportation shall be used. Employees will be reimbursed for:

  1. Air travel at the coach or single class commercial airline rate. Copies of airline tickets must be attached to the expense voucher.
  2. Rail or bus travel at actual cost. Rail or bus travel costs may not exceed the cost of coach airfare. Copies of tickets will be attached to the expense voucher to substantiate amounts.
  3. Use of personal automobiles at the standard mileage rate approved by the Internal Revenue Service for income tax purposes. The reimbursement may not exceed the cost of coach airfare. Mileage for personal automobile use in trips to and from transportation terminals will also be reimbursed. Toll charges and parking costs will be reimbursed.
  4. Automobile rental costs when the vehicle’s use is warranted. The circumstances for such use must be explained on the expense voucher.
  5. Taxis, airport limousines, or other local transportation costs.

Hotel/Motel Charges
Employees should request conference rate or mid-fare room accommodations. A single room rate will be reimbursed. Other expenses incurred by employees will be reimbursed when specifically related to School District business.  The expense voucher or hotel bill must explain the types of expenses incurred.

Employees shall pay personal expenses that are charged to hotel room bills at check-out. If this is not possible, deductions for the charges should be made on the expense voucher.

Meal Charges
Meal charges to the School District should represent mid-fare selections for the hotel/meeting facility or general area and generally should not exceed $50.00 per day. Tips shall be included with the meal charges.  Expense vouchers must explain the meal charges incurred.

Personal Charges
All personal travel costs must be excluded from the expense voucher.

APPROVED:   July 24, 2012

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Article 520-E – Exhibit – Employee Travel Expense Voucher

General Personnel
Exhibit – Employee Travel Expense Voucher

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Article 523 – Court Duty

General Personnel
Court Duty

Employee court duty is addressed under Article XI of the Collective Bargaining Agreement or is determined by individual contract. The administration may request of the circuit clerk that an employee be excused from jury duty while school is in session.

POLICY ADOPTED: October 20, 2003
POLICY AMENDED: June 21, 2012

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Article 525 – Abused and Neglected Child Reporting

General Personnel
Abused and Neglected Child Reporting

Any District employee who suspects or receives knowledge that a student may be an abused or neglected child or, for a student aged 18 through 21, an abused or neglected individual with a disability, shall immediately: (1) report or cause a report to be made to the Illinois Department of Children and Family Services on its Child Abuse Hotline 800/25-ABUSE or 217/524-2606, and (2) follow any additional directions given by the Illinois Department of Children and Family Services to complete a report. 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.

Any District employee who observes any act of hazing that does bodily harm to a student must report that act to the Building Principal, Superintendent, or designee who will investigate and take appropriate action. If the hazing results in death or great bodily harm, the employee must first make the report to law enforcement and then to the Superintendent or Building Principal. Hazing is defined as any intentional, knowing, or reckless act directed to or required of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any group, organization, club, or athletic team whose members are or include other students.

Abused and Neglected Child Reporting Act (ANCRA), School Code, and Erin’s Law Training
The Superintendent or designee shall provide staff development opportunities for District employees in the detection, reporting, and prevention of child abuse and neglect.
All District employees shall:

  1. Before beginning employment, sign the Acknowledgement of Mandated Reporter Status form provided by DCFS. The Superintendent or designee shall ensure that the signed forms are retained.
  2. Complete mandated reporter training as required by law within one year of initial employment and at least every 5 years after that date.

The Superintendent will encourage all District educators to complete continuing professional development that addresses the traits and identifiers that may be evident in students who are victims of child sexual abuse, including recognizing and reporting child sexual abuse and providing appropriate follow-up and care for abused students as they return to the classroom setting.

The Superintendent shall execute the requirements in Board Policy 540, 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.
20 ILCS 1305/1-1 et seq.
20 ILCS 2435/.
325 ILCS 5/.
720 ILCS 5/12C-50.1.

POLICY APPROVED: July 24, 2012
POLICY AMENDED: February 21, 2017

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Article 528 – Staff Development Program

General Personnel
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.
The staff development program shall provide, at a minimum, once every 2 years, the in-service training of all District staff on educator ethics, teacher-student conduct, and school employee-student conduct.

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.

APPROVED: July 24, 2012

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Article 528-AP – Administrative Procedure – Staff Development Program

General Personnel
Administrative Procedure – Staff Development Program

All District-sponsored staff development programs, including in-services, shall be approved by the Superintendent. Staff development opportunities exist through the following:

  1. Planned in-service programs, courses, seminars, and workshops are offered within the District.
    Every staff member is encouraged to suggest topics, formats, and speakers for in-service meetings.  Suggestions should be given to the Superintendent or any member of the advisory committee if one exists.
  2. Visits to other classrooms and schools, as well as attendance at conferences, workshops, and other meetings may be requested.
    With the Superintendent’s approval, staff members may be released with full pay to:

    • Attend professional conventions and meetings, visit exemplary programs, as well as participate in other professional growth activities. At the time of approval, the Superintendent will indicate which expenses, if any, will be reimbursed by the District.  After participation, a written report must be submitted to the Superintendent summarizing the activity’s highlights.
    • Serve as speakers, consultants, or resource persons outside the District. The staff member accepting such assignments may not accept any fee or honorarium other than a reasonable fee for preparation done outside of the working day.  The employee or the institution receiving the services is responsible for travel, lodging, meal expenses, and for substitute costs if any are incurred.
    • Attend training and staff development programs sponsored by an Educational Service Center (105 ILCS 5/2-3.62), the Illinois State Board of Education, a Regional Office of Education, the Illinois Association of School Boards, or any other professionally-sponsored education program. At the time of approval, the Superintendent will indicate which expenses, if any, will be reimbursed by the District.  After participation, a written report must be submitted to the Superintendent summarizing the activity’s highlights.
  3. Leaves of absence for advanced training and internships are governed by School Board policy and/or collective bargaining agreements, if any.
  4. The topics to be covered on days declared as Teacher Institutes (TI) must be approved by the Regional Superintendent of Schools governing the schools of that region. The request for approval should be submitted to the Regional Superintendent at least 30 days prior to the event.
  5. Many opportunities for on-going professional development opportunities exist. Staff members are encouraged to discuss their plans for identifying and optimizing these opportunities with their supervisors.

LEGAL REF.: 105 ILCS 5/2-3.48, 5/2-3.53, 5/2-3.56, 5/2-3.59, 5/2-3.60, 5/3-11, 5/3-14.8, 5/10-20.35, 5/10-22.39, and 5/10-23.12, 5/24-5, and 110/3.
23 Ill.Admin.Code §§ 22.20, 226.800, and 525.110.
77 Ill.Admin.Code §527.800.

APPROVED:   July 24, 2012

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Article 530 – Ethics and Conduct

General Personnel
Ethics and Conduct

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. Any employee who sexually harasses a student or otherwise violates an employee conduct standard will be subject to discipline up to and including dismissal.

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 280.01, 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.
775 ILCS 5/5A-102.
Pickering v. Board of Township H.S. Dist. 205, 391 U.S. 563 (1968).
Garcetti v. Ceballos, 547 U.S. 410 (2006).

POLICY AMENDED:  July 24, 2012

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Article 530-AP1 – Administrative Procedure – Statement of Economic Interest for Employees

General Personnel
Administrative Procedure – Statement of Economic Interest for Employees
DateAction
Upon initial employmentAll employees who are required to file a statement of economic interests (see School Board policy 530, Ethics and Conduct) must file such a statement upon initial employment. 5 ILCS 420/4A-105(c).
On or before February 1, annuallySuperintendent or designee shall certify to the appropriate county clerks a list of names and addresses of employees who are required to file a statement of economic interests (see School Board policy 530, Ethics and Conduct). The list shall set out the names in alphabetical order by county of residence. The Superintendent or designee shall send the list to county clerks of the counties in which those employees reside, or if any employee resides outside of Illinois, to the county clerk of the county in which the District’s principal office is located. 5 ILCS 420/4A-106.
On or before April 1, annuallyCounty clerk of each county shall notify employees whose names have been certified to him or her of the requirements for filing statement of economic interests. 5 ILCS 420/4A-106.
On or before May 1, annuallyAll employees who are required to file a statement of economic interests (see Board policy 530, Ethics and Conduct) must file a statement of economic interests with the county clerk of the county in which the principal District office is located (5 ILCS 420/4A-106), unless he or she has already filed a statement in relation to the District within the calendar year. 5 ILCS 420/4A-105.
After January 1, 2011Any county clerk may use a mandatory system of Internet-based filing of economic interest statements; if done, the clerk must post the statements, without the addresses, of the filers, on a publicly accessible website. 5 ILCS 420/4A-108, added by P.A. 96-1336, eff. 1-1-11.

The times for the filing of statements of economic interests set forth in Section 4A-105 must be followed in any system of Internet-based filing.

APPROVED: July 24, 2012

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Article 530-AP2 – Administrative Procedure – Employee Conduct Standards

General Personnel
Administrative Procedure – Employee Conduct Standards

Professional and ethical behavior is expected of all District staff members.  The standards listed below serve as a notice of expected conduct.  The standards are intended to protect the health, safety, and general welfare of students and employees, ensure the community a degree of accountability within the School District, and define misconduct justifying disciplinary action.  The listed standards are not a complete list of expectations, and depending on the factual context, an employee may be disciplined for conduct that is not specifically listed.  The conduct standards apply to all District employees to the extent they do not conflict with an applicable collective bargaining agreement; in the event of a conflict, the provision is severable and the applicable bargaining agreement will control.

All school employees shall:

  1. Exhibit positive examples of preparedness, punctuality, attendance, self-control, language, and appearance.
  2. Exemplify honesty and integrity. Violations of this standard include, but are not limited to, falsifying, misrepresenting, omitting, or erroneously reporting the professional qualifications of oneself or another individual or information submitted in connection with job duties or during the course of an official inquiry/investigation.
  3. Maintain a professional relationship with all students, both in and outside the school and attend all in-service trainings on educator ethics, teacher-student conduct, and school, employee-student conduct for all personnel (105 ILCS 5/10-22.39). Violations of this standard, include but are not limited to: (a) committing any act of child abuse or cruelty to children; (b) engaging in harassing behavior; (c) soliciting, encouraging, or consummating an inappropriate written, verbal, or physical relationship with a student; and (d) furnishing tobacco, alcohol, or illegal/unauthorized substance to any student or allowing a student under his or her supervision to consume alcohol or an illegal/unauthorized substance.
  4. Maintain a safe and healthy environment, free from harassment, intimidation, bullying, substance abuse, and violence, and free from bias and discrimination. Violations of this standard include, but are not limited to:  (a) using alcohol or illegal or unauthorized substances when on school property or at school-sponsored events, or whenever engaged in job responsibilities; (b) failing to report suspected cases of child abuse or neglect, or of gender harassment; and (c) tolerating student-on-student bullying or harassment.
  5. Honor the public trust when entrusted with public funds and property by acting with a high level of honesty, accuracy, and responsibility. Violations of this standard include, but are not limited to: (a) misusing public or school-related funds; (b) failing to account for funds collected from students or parents/guardians; (c) submitting fraudulent requests for reimbursement of expenses or for pay; (d) co-mingling District or school funds with personal funds or checking accounts; and (e) using school property without the approval of the supervising school official.
  6. Maintain integrity with students, colleagues, parents/guardians, community members, and businesses concerning business dealings and when accepting gifts and favors. Violations of this standard, include but are not limited to, soliciting students or parents/guardians to purchase supplies or services from the employee or to participate in activities that financially benefit the employee without fully disclosing the interest.
  7. Respect the confidentiality of student and personnel records, standardized test material, and other information covered by confidentiality agreements. Violations of this standard include, but are not limited to:  (a) disclosing confidential information concerning student academic and disciplinary records, health and medical information, family status and/or income, and assessment/testing results, unless disclosure is required or permitted by law; and (b) disclosing confidential information restricted by State or federal law.
  8. Demonstrate conduct that follows generally recognized professional standards and attend all in-service trainings on educator ethics, teacher-student conduct, and school employee-student conduct for all personnel (105 ILCS 5/10-22.39). Unethical conduct is any conduct that impairs the employee’s ability to function professionally in his or her employment position or a pattern of behavior or conduct that is detrimental to the health, welfare, discipline, or morals of students.
  9. Comply with all State and federal laws and rules regulating public schools and School Board policies.

Conviction of any employment disqualifying criminal offense listed in Section 5/21-23a of The School Code will result in dismissal.

Before disciplinary action is taken, the supervisor will conduct a fair and objective investigation to determine whether the employee violated a standard or other work rule and the extent that any violation impacts educational or operational activities, effectiveness, or efficiency.  Discipline must be appropriate and reasonably related to the seriousness of the misconduct and the employee’s record.  Any applicable provision in a contract, bargaining agreement, or State law will control the disciplinary process.

APPROVED:   July 24, 2012

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Article 532 – Personal Technology and Social Media; Usage and Conduct

General Personnel
Personal Technology and Social Media; Usage and Conduct

Definitions
Includes – Means “includes without limitation” or “includes, but is not limited to.”

Social media – Media for social interaction, using highly accessible communication techniques through the use of web-based and mobile technologies to turn communication into interactive dialogue. This includes Facebook, LinkedIn, MySpace, Twitter, and YouTube.

Personal technology – Any device that is not owned or leased by the District or otherwise authorized for District use and: (1) transmits sounds, images, text, messages, videos, or electronic information, (2) electronically records, plays, or stores information, or (3) accesses the Internet, or private communication or information networks. This includes smartphones such as BlackBerry®, Android®, iPhone®, and other devices, such as, iPads® and iPods®.

Usage and Conduct
All District employees who use personal technology and social media shall:

  1. Adhere to the high standards for appropriate school relationships in Policy 530, Ethics and Conduct at all times, regardless of the ever-changing social media and personal technology platforms available. This includes District employees posting images or private information about themselves or others in a manner readily accessible to students and other employees that is inappropriate as defined by Policy 508, Workplace Harassment Prohibited; 530, Ethics and Conduct; 623, Access to Electronic Networks; and the Ill. Code of Educator Ethics, 23 Ill.Admin.Code §22.20.
  2. Choose a District-provided or supported method whenever possible to communicate with students and their parents/guardians.
  3. Not interfere with or disrupt the educational or working environment, or the delivery of education or educational support services.
  4. Comply with Policy 535, Responsibilities Concerning Internal Information. This means that personal technology and social media may not be used to share, publish, or transmit information about or images of students and/or District employees without proper approval. For District employees, proper approval may include implied consent under the circumstances.
  5. Refrain from using the District’s logos without permission and follow Board Policy 542, Copyright, and all District copyright compliance procedures.
  6. Use personal technology and social media for personal purposes only during non-work times or hours. Any duty-free use must occur during times and places that the use will not interfere with job duties or otherwise be disruptive to the school environment or its operation.
  7. Assume all risks associated with the use of personal technology and social media at school or school-sponsored activities, including students’ viewing of inappropriate Internet materials through the District employee’s personal technology or social media. The Board expressly disclaims any responsibility for imposing content filters, blocking lists, or monitoring of its employees’ personal technology and social media.
  8. Be subject to remedial and any other appropriate disciplinary action for violations of this policy ranging from prohibiting the employee from possessing or using any personal technology or social media at school to dismissal and/or indemnification of the District for any losses, costs, or damages, including reasonable attorney fees, incurred by the District relating to, or arising out of, any violation of this policy.

The Superintendent shall:

  1. Inform District employees about this policy during the in-service on educator ethics, teacher-student conduct, and school employee-student conduct required by Board policy 530, Ethics and Conduct.
  2. Direct Building Principals to annually:
    1. Provide their building staff with a copy of this policy.
    2. Inform their building staff about the importance of maintaining high standards in their school relationships.
    3. Remind their building staff that those who violate this policy will be subject to remedial and any other appropriate disciplinary action up to and including dismissal.
  3. Build awareness of this policy with students, parents, and the community.
  4. Periodically review this policy and any procedures with District employee representatives and electronic network system administrator(s) and present proposed changes to the Board.

LEGAL REF.: 105 ILCS 5/21B-75 and 5/21B-80.
Ill. Human Rights Act, 775 ILCS 5/5A-102.
Code of Ethics for Ill. Educators, 23 Ill.Admin.Code §22.20.
Garcetti v. Ceballos, 547 U.S. 410 (2006).
Pickering v. High School Dist. 205, 391 U.S. 563 (1968).
Mayer v. Monroe County Community School Corp., 474 F.3d 477 (7th Cir. 2007).

APPROVAL:   July 24, 2012

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Article 532-E1 – Exhibit – Employee Receipt of Board Policy on Personal Technology and Social Media

General Personnel
Exhibit – Employee Receipt of Board Policy on Personal Technology and Social Media

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Article 532-E2 – Exhibit – Employee Network Acceptable Use

General Personnel
Exhibit – Employee Network Acceptable Use

Each teacher shall sign this Internet Use Agreement as a condition precedent to being granted use of the District’s network and Internet connections.  School Board Members, administrators, and other staff shall be treated like teachers and shall be subject to the same rules and regulations with respect to the use of District technology resources and the Internet.  This also includes communications originating in or outside of school by mobile devices such as cellular phones, Pocket PCs, pagers, and other similar devices using wireless communication.  Each user shall execute the acknowledgement, which follows before being granted permission to use District computer(s) and before being granted access to the Internet via District computer(s).  Please read this document carefully before signing it.

All use of the network/Internet shall be consistent with the district’s goal of promoting educational excellence by facilitating research, resource sharing, innovation, and communication.  This Internet Use Agreement does not attempt to state all required or proscribed behaviors by users.  Although some specific examples of unacceptable use of District Technology or the Internet have been stated, there may be other improper employee actions, not stated herein, that could cause a disciplinary response from the appropriate District administrator.  The failure of any user to follow the provisions contained in this Acceptable Use Policy shall result in the loss of privileges, disciplinary action, and/or criminal prosecution.  Users shall be subject to disciplinary action under this policy only after they have been given a copy of the policy.  The signatures at the end of this document are legally binding and indicate that the party who signed it has read the terms and conditions carefully and understands their significance.

Approval must be obtained from the District Technology Coordinator before any teacher connects any personally-owned technology device to the District’s network.  In all such cases, the teacher agrees to the rules and regulations in this Agreement.

General Terms and Conditions

  1. Acceptable Use – access to the district’s network/Internet shall be for the purpose of education, communication, or research and shall be consistent with the educational objectives of the district and its educational mission.
  2. Privileges – the use of the district’s computers/network/Internet is a privilege, not a right, and inappropriate use may result in a cancellation of those privileges. The District Technology Coordinator, District Superintendent, and/or the building principal will make all decisions regarding whether or not a user has violated this Agreement, and may deny, revoke, or suspend access at any time.
  3. Unacceptable Use – all employees shall be responsible for their actions and activities involving district computers/network/Internet. The District will cooperate with appropriate law enforcement agencies and other parties involved in investigating claims of illegal or inappropriate activity.  The District reserves the right to disclose employee or student information to the extent authorized by federal or state law, and as stated in school policies and the collective bargaining agreement regarding employee discipline.  Examples of unacceptable use include but are limited to:
    1. using the network/internet for any illegal or improper activity, including violation of copyright, intellectual property right, other contracts, theft, fraud, hacking, or transmitting any material in violation of any U.S. or State regulation;
    2. using or downloading any file, whether the file is software or data, and whether or not it is devirused, for a purpose other than that authorized by the owner of the file;
    3. using the network/internet for private financial or commercial gain;
    4. invading the privacy of individuals;
    5. any action that inappropriately hinders, delays, or obstructs others in their use of school computers, networks, databases, and/or files or information contained therein unless specific permission is obtained from the district technology coordinator. MP3 downloads from sites such as, but not limited to, Napster, Epitonic, or Riffage are prohibited;
    6. using another user’s account or password without that user’s permission;
    7. posting of material authored or created by another without her/her consent;
    8. posting of anonymous messages or operating a computer under a false name;
    9. accessing a site the user is not authorized to access, including filtered, or blocked sites, and any site that allows for the altering, or removal of computer proxy settings, or any other activity that would allow the avoidance or bypass of the District’s content filtering system;
    10. accessing, submitting, sending, posting, publishing or displaying (i.e. textual, visual, or auditory) any defamatory, abusive, obscene, profane, pornographic, threatening, racially offensive, sexist, harassing, or illegal materials and material of a sexual nature that is inappropriate in a school environment, also including fraud, stalking, violence, threats of violence or bodily harm, or intimidation or injury;
    11. failure to follow network security rules;
    12. using “instant messaging” and “chat” communications, and
    13. using the network while access privileges are suspended or revoked.
  4. 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 during meal time, preparation time, or outside the regular school day, 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.
  5. 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.
  6. Compliance with Copyright Laws – the District and its computer users shall abide by all copyright laws.
  7. 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 network/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.
  8. Unauthorized Charges – the District assumes no responsibility for any unauthorized charges or fees, including the purchase of goods or services, telephone charges, long-distance charges, per-minute surcharges, and/or equipment or line costs.
  9. Unauthorized Access – users shall not tamper with or attempt to gain access to computer data for which the user lacks security access. This includes, but is not limited to, financial, employee, or student information.  If the security level of a user is in doubt, they are to contact the District Technology Coordinator.
  10. Acceptable Network Practices – users are expected to abide by the generally accepted rules of network use. These include, but are not limited to, the following:  The user shall
    1. not become abusive in his/her messages to others.
    2. not swear, use vulgarities, or any other inappropriate language.
    3. not reveal the personal addresses or telephone numbers of colleagues or students,
    4. recognize that the use of the Internet and electronic mail (e-mail) is not private. Access to and from the Internet and the use of e-mail accounts will be monitored by the District Technology Coordinator.  Messages relating to or in support of illegal activities will be reported to the appropriate authorities.
    5. not use the network in any way that would disrupt its use by other users.
  11. Vandalism – vandalism shall result in cancellation of privileges and other disciplinary action. Vandalism shall be defined as any attempt to harm or destroy data of another user, the network/Internet, or any other network.  This includes, but is not limited to, the uploading or creation of computer viruses.
  12. Security – network security is a high priority. If the user is able to identify a security problem on the network/Internet, the user shall notify the District Technology Coordinator or building principal.  Users shall keep account and password information confidential, and in all cases, avoid submitting his, or her, Prairie Central email address to any Internet entity.  Users shall not use another individual’s account without written permission from that individual.  Unauthorized attempts to log on, either internally or remotely, to the Internet or the Prairie Central network, as a System Administrator will result in cancellation of user privileges.  Any user identified as a security risk may be denied access to the network or Internet.
  13. Indemnification – the user agrees to indemnify the school district for any losses, costs, or damages, including reasonable attorney fees, incurred by the district relating to, or arising out of, any violation of these policies or procedures.
  14. Copyright Publishing Rules – copyright law and district policy prohibit republishing of text or graphics found on the Internet or on district Internet sites or file servers without explicit written permission.
    1. For each republication on a Internet site or file server of a graphic or a text file that was produced externally, there shall be a notice at the bottom of the page crediting the original producer and noting how and when permission was granted. If possible, the notice should also include the Internet address of the original source.
    2. Students and staff engaged in producing Internet pages shall provide an e-mail attachment or a file copy on disk of the pages to be used, and obtain permission from the district technology coordinator before the Internet pages are published. Printed evidence of the status of “public domain” documents must be provided.
    3. The absence of a copyright notice may not be interpreted as permission to copy the materials. Only the copyright owner may provide the permission.  The manager of the Internet site displaying material shall not be considered a source of permission.
    4. The “fair use” rules governing student reports in classrooms permit limited use of graphics and text.
    5. Student work may be published upon written permission from both the parent/guardian and student.
  15. Use of Electronic Mail (E-mail)
    1. The District’s electronic mail system, and its constituent software, hardware, and data files are owned and controlled by the school district. This system includes both internal and external e-mail sent or received via the Internet.  The school district provides e-mail to aide students and staff members in fulfilling their duties and responsibilities, and as an educational tool.
    2. The district reserves the right to access and disclose the contents, and path records, of any account on its system, without prior notice or permission from the account’s user. Unauthorized access by any student or staff member to an electronic mail account is strictly prohibited.
    3. Each person shall use the same degree of care in drafting electronic mail messages as would be put into a written memorandum or document. Nothing shall be transmitted in any e-mail message that would be inappropriate in a letter or memorandum.
    4. Electronic messages transmitted via the school district’s Internet gateway carry with them an identification of the user’s Internet “domain”. This domain name is a registered domain name and identifies the author as being with the school district.  Therefore, the use of any “free mail” accounts, such as, but not limited to, hotmail or yahoo.mail is prohibited.  Great care should be taken, therefore, in the composition of such messages and how such messages might reflect on the name and reputation of the school district.  Users will be held personally responsible for the contents of any and all electronic mail messages transmitted to external recipients.
    5. Any message received from an unknown sender via the Internet should either be immediately deleted or forwarded to the District Technology Coordinator.
    6. Downloading any file attached to any Internet-based message is prohibited unless the user is certain of that message’s authenticity, security, and the nature of the file so transmitted.
    7. Use of the school district’s Internet access or electronic mail system constitutes consent to these regulations.
  16. Student Records Act – teachers shall abide by the Student Records Act and shall not transmit or disclose student records electronically to unauthorized persons without first obtaining an appropriate release.
  17. Student Supervision – teachers shall instruct the students on acceptable use of the network/Internet and on appropriate network/Internet use. Teachers shall be responsible for maintaining appropriate control and supervision of the classroom, including student use of district computers and the network/Internet at all times.
  18. Protection of Minors – any conduct that may harm, or attempt to harm, a minor, including, but not limited to hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography is strictly prohibited. In instances involving child pornography, the District complies with all applicable federal and state laws including providing notice to the National Center for the Missing and Exploited Children or other designated agencies.

ACKNOWLEDGMENT
Any user who violates this Acceptable Use Policy shall be subject to disciplinary action including, but not limited to, revocation of access privileges, written warnings, suspension without pay, or dismissal in accordance with the applicable provisions of Board Policy or the Illinois School Code.  Additionally, if a user’s conduct constitutes a violation of copyright laws, the user may be subject to prosecution under such laws.  Any user who intentionally or negligently damages or destroys District hardware and/or software will also be responsible for all costs associated with repair and/or replacement parts and services.  In consideration for using the District Technology and having access to public networks, I hereby release Prairie Central CUSD #8 and its Board Members, employees, and agents from any claims and damages arising from my use, or inability to use, District Technology.

_______________________________________      ______________________________
Employee’s Name (please print)               Date

_______________________________________
Employee’s Signature

POLICY ADOPTED:  April, 2001
POLICY AMENDED:  July 21, 2011

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Article 535 – Responsibilities Concerning Internal Information

General Personnel
Responsibilities Concerning Internal Information

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 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.: Family Educational and Privacy Rights Act, 20 U.S.C. §1232g.
Uses and Disclosures of Protected Health Information; General Rules, 45 C.F.R. §164.502.
Ill. Freedom of Information Act, 5 ILCS 140/.
Local Records Act, 50 ILCS 205/.
105 ILCS 10/.
Personnel Record Review Act, 820 ILCS 40/.

APPROVED: July 24, 2012

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Article 535-AP – Administrative Procedure – Email Retention

General Personnel
Administrative Procedure – Email Retention

Emails, including attachments, which are sent or received by the District or District employees may be, depending on their content, subject to disclosure under the Freedom of Information Act and/or discovery in litigation as evidence in support of a claim.  Employees must use the same standards of judgment, propriety, and ethics with email as they do with other forms of school business-related communications.

Accordingly, employees have the same responsibilities for email messages as they do for any other communication and must distinguish between record and non-record messages.  This allows for the proper storage or disposal of email.  However, no District record, no matter its form, may be destroyed if it is subject to a litigation hold.

Non-Record Messages
Email messages are “non-record messages” if they do not evidence the District’s organization, function, policies, procedures, or activities; or contain informational data appropriate for preservation.  These are generally informal or preliminary drafts, notes, recommendations, or memoranda that do not contain official action.  Examples include:

  1. Personal correspondence not received or created in the course of District or school business, such as, “What’s for dinner?” or “I’ll be glad to drive to the meeting.”
  2. Notices concerning meetings or workshops, dates, discussion topics, and material to prepare for or to be discussed during a meeting.
  3. Publications or promotional materials from vendors and similar materials that are available to anyone.
  4. Correspondence containing recommendations or opinions that are preliminary to a decision.
  5. Informal correspondence to parents/guardians concerning school activities or an individual student’s progress or assignments provided the messages do not contain notice of final or official action.
  6. Draft material.

If the email is a “non-record message,” the employee should delete it as soon as its purpose is fulfilled unless the email is subject to a litigation hold.  The goal is to control excessive accumulation of material.

Official Record Messages
Email messages are “official record messages” if they are evidence of the District’s organization, function, policies, procedures, or activities or contain informational data appropriate for preservation.  Examples include:

  1. Policy documents or contract related documents.
  2. Correspondence, e.g., letters, memos, emails from individuals, companies, or organizations requesting information about the District or school policies or practices and the responses to these requests.
  3. Project reports.
  4. Correspondence dealing with significant aspects of District administration or a school executive office, including messages containing information concerning policies, programs, fiscal and personnel matters, and contracts.

Official record messages should routinely be transferred to the records maintenance location identified by the Records Custodian or Head of Information Technology (IT).

APPROVED:   July 24, 2012

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Article 538 – Solicitations By or From Staff

General Personnel
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 Superintendent.

APPROVED: July 24, 2012

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Article 540 – Personnel Records

General Personnel
Personnel Records

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.

Access to personnel records is available as follows:

  1. An employee will be given access to his or her personnel records according to State law, guidelines developed by the Superintendent, and the current Collective Bargaining Agreement.
  2. An employee’s supervisor or other management employee who has an employment or business-related reason to inspect the record is authorized to have access.
  3. Anyone having the respective employee’s written consent may have access.
  4. Access will be granted to anyone authorized by State or federal law to have access.
  5. All other requests for access to personnel information are governed by Board policy.

The Superintendent or designee shall manage a process for responding to inquiries by a prospective employer concerning a current or former employee’s job performance. The Superintendent shall execute the requirements in the Abused and Neglected Child Reporting Act whenever another school district asks for 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.

When requested for information about an employee by an entity other than a prospective employer, the District will only confirm position and employment dates unless the employee has submitted a written request to the Superintendent or designee.

LEGAL REF.: 745 ILCS 46/10.
820 ILCS 40/.
23 Ill.Admin.Code §1.660.

POLICY ADOPTED: November 17, 2005
POLICY AMENDED: April 19, 2012

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Article 540-AP – Administrative Procedure – Personnel Records

General Personnel
Administrative Procedure – Personnel Records

Applicant Records
Records for a successful employment applicant are maintained with the individual’s employment records.  Records for an unsuccessful employment applicant are maintained for no less than 5 years from the application date. Applicant records include the following if received by the District:

  1. Employment application forms
  2. Transcripts
  3. Previous work experience
  4. References
  5. Such other relevant information as the District desires of applicants for screening purposes

Personnel Records
Personnel records for all employees include:

  1. Pre-employment records, including verification of past employment
  2. Dates of employment
  3. Valid certificate and/or evidence of required credentials for services being performed
  4. Criminal background investigation history and report
  5. Form I-9 required under the Immigration Reform and Control Act
  6. Records maintained pursuant to Internal Revenue Service regulations
  7. Payroll information and deductions, including all records required to be kept by 512-AP2, Employee Records Required by the Fair Labor Standards Act (29 C.F.R. §§516.2 and 516.3)
  8. Records maintained for the Illinois Teachers’ Retirement System or the Illinois Municipal Retirement System
  9. Credit release information
  10. Sick leave, leaves of absence, personal leave, and vacation data (where appropriate)
  11. Salary schedule data
  12. Relevant health and medical records, including the verification of freedom from tuberculosis required by the School Code (105 ILCS 5/24-5)
  13. Supervisory evaluations
  14. Promotions
  15. Awards received
  16. Personnel documents that have been or are intended to be used in determining an employee’s qualification for promotion, transfer, discharge, or disciplinary action
  17. Disciplinary actions and accompanying records
  18. Notice of discharge and accompanying records
  19. Letter of resignation or retirement
  20. Notification that an employee is the subject of a Dept. of Children and Family Services (DCFS) investigation pursuant to the Abused and Neglected Child Reporting Act and any report to DCFS made or caused to be made by a District employee concerning another employee; this record will be deleted if DCFS informs the District that the allegations were unfounded
  21. Any additional information the District deems to be relevant
  22. In addition to the above, personnel records for all professional personnel include:
  23. Valid certificate for services being performed
  24. Copies of official transcripts required by the School Code (105 ILCS 5/24-23)
  25. Transcripts of graduate work completed
  26. Verification of past teaching experience, if any
  27. Record of in-service work completed
  28. Acknowledgement of mandated reporter status

Employment records will be maintained permanently for all District employees and former employees unless the Local Records Commission’s approval is obtained to dispose of them.

Restrictions on Information that May Be Kept
The District will not gather or keep a record of an employee’s associations, political activities, publications, communications, or non-employment activities, unless the employee submits the information in writing or authorizes the District in writing to keep or gather such records.  However, the District may gather or keep records in an employee’s personnel file concerning activities occurring on the District’s premises or during the employee’s working hours that:  (1) interfere with the performance of the employee’s duties or activities, or those of other employees, regardless of when and where occurring, (2) constitute criminal conduct or may reasonably be expected to harm the District’s property, operations or educational process, or programs, or (3) could, by the employee’s actions, cause the District financial liability. 820 ILCS 40/9.

Access to Employee Records and Correction Requests
An employee is granted access to his or her personnel records according to provisions in the Personnel Record Review Act, 820 ILCS 40/, and any relevant provisions in an applicable collective bargaining agreement.  Except for the documents described in Sec. 10 of the Review Act, an employee is granted access to his or her personnel records at least 2 times in a calendar year at reasonable intervals.  Unless otherwise indicated in an applicable bargaining agreement, access to the employee’s personnel records will be according to the following guidelines:

  1. The employee must submit a written inspection request to the Superintendent or the Superintendent’s designee.
  2. The Superintendent or designee will provide the employee the opportunity for inspection within 7 working days after the request. If such deadline cannot reasonably be met, the District will have an additional 7 days to comply.
  3. The employee will inspect the personnel record at the District’s administrative office during normal working hours or at another time mutually convenient to the employee and the Superintendent or designee.
  4. Inspection of personnel records will be conducted under the supervision of an administrative staff member.
  5. Neither an employee nor his or her designated representative will have access to records that are treated as exceptions in the Illinois Personnel Record Review Act discussed below.
  6. The employee may copy material maintained in his or her personnel record. Payment for record copying will be based on the District’s actual costs of duplication.
  7. The employee may not remove any part of his or her personnel records from his or her file or may not remove any part of his or her personnel records from the District’s administrative office.
  8. Should the employee demonstrate his or her inability to inspect his or her personnel records in person, the District will mail a copy of the specific record(s) upon written request.
  9. Should the employee be involved in a current grievance against the District or involved in any other contemplated proceedings against the District, the employee may designate in writing a representative who has the authority to inspect the personnel records under the same rights as the employee.
  10. If the employee disagrees with any information contained in the personnel record, a removal or correction of that information may be mutually agreed upon by the District and employee. If agreement cannot be reached, the employee may submit a written statement explaining his or her position.  The District will attach the employee’s statement to the disputed portion of the personnel record and the statement will be included whenever that disputed record is released to a third party as long as the disputed record is part of the employee’s personnel file.  Inclusion of any written statement attached to the disputed record in an employee’s personnel file without any further comment or action by the District will not imply or create any presumption that the District agrees with the statement’s contents.

Requests by Third Parties
The Board Attorney shall be consulted whenever a subpoena or court order requests personnel record information. Any other request for personnel information by a third party will be treated as a FOIA request and immediately forwarded to the School District’s Freedom of Information Officer (see 288.01-AP1, Access to and Copying of District Public Records). Concerning a request for a disciplinary report, letter of reprimand, or other disciplinary action:

  1. If the responsive record is more than 4 years old, access will be denied unless the release is ordered in a legal action or arbitration. 5 ILCS 140/7.5(q); 820 ILCS 40/8.
  2. If the responsive record is 4 years old or less, access will be granted. The District will provide the employee with written notice or through electronic mail, if available, on or before the day any such record is released, unless notice is not required under the Personnel Record Review Act. 5 ILCS 140/7.5(q); 820 ILCS 40/7, amended by P.A. 96-1212.
  3. The employee will not be informed if the employee has specifically waived written notice as part of a written, signed employment application with another employer; the disclosure is ordered to a party in a legal action or arbitration; or information is requested by a government agency as a result of a claim or complaint by an employee, or as a result of a criminal investigation by such agency.

A FOIA request for a performance evaluation will be denied. Required by 820 ILCS 40/11, amended by P.A. 96-1483.

Before replying to a request from a third party, the District will review the requested records and delete or redact material that is protected from disclosure. Required by 820 ILCS 40/8.

Restriction on Employee Access
Section 10 of the Illinois Personnel Record Review Act provides that the right of the employee or the employee’s designated representative to inspect his or her personnel records does not extend to:

  1. Letters of reference for that employee.
  2. Any portion of a test document, except that the employee may see a cumulative total test score for either a section of or the entire test document.
  3. Materials relating to the employer’s staff planning, such as matters relating to the District’s development, expansion, closing or operational goals, where the materials relate to or affect more than one employee, provided, however, that this exception does not apply if such materials are, have been or are intended to be used by the employer in determining an individual employee’s qualifications for employment, promotion, transfer, or additional compensation, or in determining an individual employee’s discharge or discipline.
  4. Information of a personal nature about a person other than the employee if disclosure of the information would constitute a clearly unwarranted invasion of the other person’s privacy.
  5. Records relevant to any other pending claim between the District and employee that may be discovered in a judicial proceeding.
  6. Investigatory or security records maintained by the District to investigate criminal conduct by an employee or other activity by the employee that could reasonably be expected to harm the District’s property, operations, or education process or programs, or could by the employee’s activity cause the District financial liability, unless and until the District takes adverse personnel action based on information in such records.

Complying with Requirements in the Abused and Neglected Child Reporting Act
The Superintendent will execute the requirements in the Abused and Neglected Child Reporting Act whenever a District employee makes a report to DCFS involving another District employee’s conduct. This includes performing the following tasks (325 ILCS 5/4 and 820 ILCS 40/13):

  1. Disclose to any school district requesting information concerning a current or former employee’s job performance or qualifications the fact that he or she was the subject of another employee’s report to DCFS. Only the fact that a District employee made a report may be disclosed.
  2. Inform the District employee who is or has been the subject of such report that the Superintendent will make the disclosure as described above.
  3. Delete the record of such a report if DCFS informs the District that the allegation was unfounded.

LEGAL REF.: 5 ILCS 140/.
325 ILCS 5/4 and 5/7.4.
820 ILCS 40/.
23 Ill.Admin.Code §1.660.

APPROVAL:   July 24, 2012

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Article 542 – Copyright

General Personnel
Copyright

Works Made for Hire
The Superintendent 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.

Copyright Compliance
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. 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 designee 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. No staff member shall, without first obtaining the permission of the Superintendent or designee, install or download any program on a District-owned computer. 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.

APPROVED: July 24, 2012

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Article 542-AP1 – Administrative Procedure – Copyright Compliance

General Personnel
Administrative Procedure – Copyright Compliance

These guidelines help staff members determine if they may use non-original work freely or whether permission is needed to use or copy it. Whenever a staff member is uncertain, has questions, or needs permission from a copyright-owner to use or copy a work, he or she should contact the Superintendent or designated copyright compliance officer. Appendix 1 is a Fair Use Assessment Factors Checklist. Appendix 2 contains use resources available online.

  1. Is the work copyright protected? A “no” means you may use the work freely; a “yes” or uncertain answer means you should proceed with the second query.
    1. No, if it is in the public domain.
    2. No, if it is a U.S. Government publication.
    3. No, if it is an idea or method described in copyrighted work.
    4. The presence of a copyright notice is not determinative.
    5. Yes, almost all other works.
  2. Do you want to exercise one of the copyright owner’s exclusive rights? A “yes” or uncertain answer means you should proceed with the third query.
    1. Yes, if you plan to copy the work.
    2. Yes, if you plan to use the work as the basis for a new work.
    3. Yes, if you plan to electronically distribute or publish copies.
    4. Yes, if you plan to perform music or drama, recite prose or poetry, or if you plan to play a video and/or audio digital or tape recording or a CD-ROM or DVD.
    5. Yes, if the plan is to publicly display the work.
  3. Does your planned use of the work require the copyright owner’s permission? A “no” means you may use the work, provided that any copies contain the copyright notice as it appears in the original work; a “yes” or uncertain answer means you should contact the Superintendent or designated copyright compliance officer.
    1. No, if your planned use of printed work is within the fair use exception as defined in 17 U.S.C. §107. See Appendix 1.
    2. No, if your planned use of the work is within the library’s special rules exception as defined in 17 U.S.C. §108.
      • A library may make a single copy containing the copyright notice for the purpose of archiving lost, stolen, damaged, or deteriorating works.
      • A library may make a single copy containing the copyright notice for a student or staff member at no more than the actual cost of photocopying, provided that the library finds that the copyrighted work cannot be obtained elsewhere at a fair price.
    3. No, if your planned use of the work is within the educational performances and displays exception as defined in 17 U.S.C. §110.
      Performances by teachers or students are permitted as part of a teaching activity in a classroom or instructional setting.  All other performances require permission from the copyright owner.
    4. No, if you plan to use it in an overhead or opaque projector for instructional purposes.
    5. No, if you plan to copy and use music for academic purposes, other than performance.
    6. Yes, notwithstanding the above, if you plan to create anthologies, compilations, or collective works.
    7. Yes, notwithstanding the above, if copies will be consumed during the course. Consumable works include: workbooks, exercises, standardized tests, test booklets, and answer sheets.
    8. Yes, notwithstanding the above, if you plan to substitute copies for the purchase of the work; likewise, if you yearly copy the same item.
    9. You must receive permission from the Superintendent or designated copyright compliance officer before showing the off-air recording of television programs, video rentals, or videos purchased for home use. You must follow any applicable license agreements.
    10. You must receive permission from the Superintendent or designated copyright compliance officer before using any non-District owned software and/or CD-ROM or DVD products in District owned equipment. No one may install or download any program on District owned equipment without the Superintendent or designee’s permission.
    11. You must follow licensing agreements applicable to District owned software and CD-ROM or DVD products.
      • Licensing agreements with the manufacturer and vendor shall be followed.
      • Staff members shall take reasonable precautions to prevent copying or the use of unauthorized copies on school equipment, to avoid the installation of privately purchased software on school equipment, and to avoid the use of single copy software or CD-ROM products across a network with multiple users unless the applicable license agreement permits.
      • A back-up copy shall be purchased for use as a replacement when a program is lost or damaged. If the vendor is not able to supply such, the District shall make a back-up program in accordance with the terms of the applicable licensing agreement or 17 U.S.C. §117.

Appendix 1:  Copyright Fair Use Assessment Factors Checklist

Purpose and Character of Use of Copyrighted Work
Use this checklist to analyze whether material falls under the fair use doctrine. Factors favoring fair use will generally indicate that material may be used without seeking permission from the copyright owner. Factors opposing fair use require permission to reprint or adapt the material from the copyright owner. If a copyright owner is known, always request permission before using any material.

Favoring Fair UseOpposing Fair Use
Teachingo Commercial activity - gain of financial rewards form use; e.g., sale of goods, services; advertising; fundraising, etc.
Research/Scholarship/AcademicsProfiting from use
Nonprofit educational institutionBad-faith behavior; e.g., misrepresentation of intended use
CriticismDenying credit to original author or artist
CommentEntertainment
News reporting
Used to create something new
Restricted access given
Parody

Nature of Copyrighted Work Used

Favoring Fair UseOpposing Fair Use
Published workUnpublished work
Factual or nonfiction basedHighly creative work (art, music, novel)
Out of print workFiction

Amount and Substantiality of Copyrighted Work Used

Favoring Fair UseOpposing Fair Use
Small amount usedLarge portion or whole work used
Portion used not central or significant to entire workPortion used is the heart of the work

Impact on Market of Copyrighted Work

Favoring Fair UseOpposing Fair Use
User owns lawfully acquired/purchased copyCould replace sale of copyrighted work
One or few copies madeSignificantly impairs market/potential market of copyrighted work or derivative work
No significant effect on market/potential market for copyrighted workReasonable available licensing mechanisms
No similar product marketed by copyright holderAffordable permission to use copyrighted work available
No ready licensing or permission mechanismNumerous copies made
Made accessible on the internet or elsewhere
Repeated or long-term use

Adapted with permission from Steven Mandell; © 2006 Mandell Menkes LLC. All Rights Reserved.

Appendix 2: Copyright Resource List

U.S. Copyright Office

www.copyright.gov

Copyright Act, as amended, Title 17 of the United States Code

www.copyright.gov/title17/92chap1.html

Copyright Term and the Public Domain in the United States; updated every Jan. 1.

www.copyright.cornell.edu/resources/publicdomain.cfm

CornellUniversityCopyrightInformationCenter

Circular 21: Reproductions of Copyrighted Works by Educators and Librarians

www.copyright.gov/circs/circ21.pdf

U.S. Copyright Office

Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals (see Circular 21: Reproductions of Copyrighted Works by Educators and Librarians, page 6) www.copyright.gov/circs/circ21.pdf

TEACH Act (Technology, Education and Copyright Harmonization Act of 2002)

www.copyright.gov/title17/92appviii.html

The TEACH Act and some Frequently Asked Questions

www.ala.org/ala/issuesadvocacy/copyright/teachact/faq.cfm

TEACH ACT – Amended Section 110(2) Comparison Chart, Sections 110(1)-(2)

www.unc.edu/~unclng/TEACH.htm

The University of North Carolina at Chapel Hill

WIPO (World Intellectual Property Organization)

www.wipo.org

MPAA (Motion Picture Association of America)

www.mpaa.org

iCopyright.com (Automated copyright licensing system for digital content)

www.icopyright.com

Permissions Group (Negotiation of rights and fees for the use of copyrighted material in and for all media)

www.permissionsgroup.com

SIIA (Software & Information Industry Association)

www.spa.org

CCC Copyright Clearance Center (Copyright permission for publications worldwide)

www.copyright.com

ASCAP (American Society of Composers, Authors and Publishers)

www.ascap.com

BMI (Broadcast Music Inc.)

www.bmi.com

SESAC, Inc. (A performing rights organization)

www.sesac.com

The Harry Fox Agency, Inc. (Licensing agency for U.S. music publishers)

www.harryfox.com

The Authors Registry (Maintains an extensive directory of authors)

www.authorsregistry.org

Copyright & Fair Use (Stanford University Libraries)

fairuse.stanford.edu/

Copyright Society of the USA

www.csusa.org

The Copyright (Copyright Registration and Information Resource)

www.benedict.com

Crash Course in Copyright

University of Texas

copyright.lib.utexas.edu/

Kohn on Music Licensing

www.kohnmusic.com

National Writers Union

www.nwu.org

Poets & Writers, Inc.

www.pw.org

Project Gutenberg (Internet’s oldest producer of FREE electronic books (eBooks or eTexts)

www.promo.net/pg

WATCH: Writers and Their Copyright Holders

tyler.hrc.utexas.edu/

World Intellectual Property Organization

www.wipo.int/portal/index.html.en

APPROVED:   July 24, 2012

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Article 542-AP2 – Administrative Procedure – Seeking Permission to Copy or Use Copyrighted Works

General Personnel
Administrative Procedure – Seeking Permission to Copy or Use Copyrighted Works

The following resources are a partial list of where to begin searching for permission to copy or use copyrighted work. Whenever it is unclear who the owner is, or if the owner is a legal entity of some kind (a business or organization), be sure that the person granting permission is authorized to do so. Once it is known whom to ask, initiate contact by writing a letter, calling, or emailing. Seek written permission that clearly describes its scope. Document the receipt of an oral permission and send the owner a confirming letter. A copyright protects materials regardless of whether the owner cares about protection or not. Thus, if required permission cannot be obtained, the work may not be used.

  1. For information regarding how to find copyright owners, contact the Writers Artists and Their Copyright Holders (WATCH) program through the University of Texas, Austin’s Harry Ransom Humanities Research Center at hrc.utexas.edu/watch/. Phone: 512/471-8944, Fax: 512/471-9646, Email: www.hrc.utexas.edu/contact/.
  2. For a part of a book or a journal article, contact: Copyright Clearance Center, “CCC” Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, Phone: 978/750-8400, Fax: 978/646-8600 Email: info@copyright.com, copyright.com.
  3. For images, contact: The Film Foundation, 7920 Sunset Boulevard, 6th Floor, Los Angeles, CA 90046, Phone: 303/436-5060, Fax: 323/436-5061, Email: film-foundation.org; American Society of Media Photographers, 150 North Second Street, Philadelphia, PA 19106, Phone: 215/451-2767, Fax: 215/451-0880, Email: www.asmp.org.
  4. If the author owns the copyright in a contribution to a periodical, magazine, or newspaper, permission may be obtained through The National Writers Union, PO Box 2424, Chicago, IL 60690, Phone: 312/924-1835, nwu.org; and the Society of Children’s Book Writers and Illustrators, 8271 Beverly Blvd., Los Angeles, CA 90048, Phone: 323/782-1010, Fax: 323/782-1892, Email: scbwi@scbwi.org, www.scbwi.org.
  5. For a musical work, contact: American Society of Composers, Authors and Publishers, (ASCAP) One Lincoln Plaza, New York, NY 10023, Phone: 212/621-6000, Email: ascap.com; Broadcast Music Incorporated, (BMI), 320 West 57th Street, New York, NY 10019-3790, Phone: 212/586-2000, Email: www.bmi.com/home/licensing; or SESAC, 55 Music Square East, Nashville, TN 37203, Phone: 615/320-0055, Fax: 615/329-9627, Email: www.sesac.com.
  6. To record and distribute a musical composition recorded by someone else, or synchronize music with visual images, contact: The Harry Fox Agency, Inc., National Music Publishers Association, 711 Third Avenue, 8th Floor, New York, NY 10017, Phone: 212/370-5330, Fax: 646/ 487-6779, Email: harryfox.com, www.nmpa.org.
  7. Play Rights

Samuel French, Inc.                                               Anchorage Press (Plays for young people)

45 West 25th Street                                                c/o Dramatic Publishing

New York, NY 10010-2751                                  311 Washington St.

Phone: 212/206-8990                                Woodstock, IL 60098-3308

Fax: 212/206-1429                                                Phone/Fax: 800/448-7469

www.samuelfrench.com                            customerservice@dpcplays.com

www.applays.com

Baker’s Plays                                             Dramatists Play Service, Inc.

c/o Samuel French, Inc.                             440 Park Avenue South

45 W. 25th Street                                        New York, NY 10016

New York, NY 10010                               Phone: 212/683-8960

Phone: 323/876-0579                                Fax: 212/213-1539

Fax: 323/876-5482                                                postmaster@www.dramatists.com

www.bakersplays.com                               www.dramatists.com

  1. For news archives, check the Web. Many of the largest news organizations have placed archives of their back issues online.
  2. Movies

The Motion Picture Licensing Corporation, 5455 Centinela Avenue, Los Angeles, CA 90066, Phone: 800/462-8855, Fax: 310/822-4440, Email: mplc.org/index/contactform, info@mplc.com, www.mplc.com, grants public performance rights. If the author and the publisher are known, contact them directly. If the publisher is unknown contact: The Literary Marketplace, www.literarymarketplace.com (for books) or Ulrich’s International Periodicals, www.ulrichsweb.com (for journals), both published by the R. R. Bowker Company, www.bowker.com.

  1. Changed Owner

The apparent copyright owner may not be the real copyright owner. The U.S. Copyright Office of Internet Resources, www.loc.gov/copyright, provides online searching of its registration records and performs professional searches for a fee.

  1. Software

Contact the software’s manufacturer at the address given on the licensing agreement.

APPROVED:   July 24, 2012

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Article 542-AP2 – Administrative Procedure – Seeking Permission to Copy or Use Copyrighted Works

General Personnel
Administrative Procedure – Seeking Permission to Copy or Use Copyrighted Works

The following resources are a partial list of where to begin searching for permission to copy or use copyrighted work. Whenever it is unclear who the owner is, or if the owner is a legal entity of some kind (a business or organization), be sure that the person granting permission is authorized to do so. Once it is known whom to ask, initiate contact by writing a letter, calling, or emailing. Seek written permission that clearly describes its scope. Document the receipt of an oral permission and send the owner a confirming letter. A copyright protects materials regardless of whether the owner cares about protection or not. Thus, if required permission cannot be obtained, the work may not be used.

  1. For information regarding how to find copyright owners, contact the Writers Artists and Their Copyright Holders (WATCH) program through the University of Texas, Austin’s Harry Ransom Humanities Research Center at hrc.utexas.edu/watch/. Phone: 512/471-8944, Fax: 512/471-9646, Email: www.hrc.utexas.edu/contact/.
  2. For a part of a book or a journal article, contact: Copyright Clearance Center, “CCC” Copyright Clearance Center, Inc., 222 Rosewood Drive, Danvers, MA 01923, Phone: 978/750-8400, Fax: 978/646-8600 Email: info@copyright.com, copyright.com.
  3. For images, contact: The Film Foundation, 7920 Sunset Boulevard, 6th Floor, Los Angeles, CA 90046, Phone: 303/436-5060, Fax: 323/436-5061, Email: film-foundation.org; American Society of Media Photographers, 150 North Second Street, Philadelphia, PA 19106, Phone: 215/451-2767, Fax: 215/451-0880, Email: www.asmp.org.
  4. If the author owns the copyright in a contribution to a periodical, magazine, or newspaper, permission may be obtained through The National Writers Union, PO Box 2424, Chicago, IL 60690, Phone: 312/924-1835, nwu.org; and the Society of Children’s Book Writers and Illustrators, 8271 Beverly Blvd., Los Angeles, CA 90048, Phone: 323/782-1010, Fax: 323/782-1892, Email: scbwi@scbwi.org, www.scbwi.org.
  5. For a musical work, contact: American Society of Composers, Authors and Publishers, (ASCAP) One Lincoln Plaza, New York, NY 10023, Phone: 212/621-6000, Email: ascap.com; Broadcast Music Incorporated, (BMI), 320 West 57th Street, New York, NY 10019-3790, Phone: 212/586-2000, Email: www.bmi.com/home/licensing; or SESAC, 55 Music Square East, Nashville, TN 37203, Phone: 615/320-0055, Fax: 615/329-9627, Email: www.sesac.com.
  6. To record and distribute a musical composition recorded by someone else, or synchronize music with visual images, contact: The Harry Fox Agency, Inc., National Music Publishers Association, 711 Third Avenue, 8th Floor, New York, NY 10017, Phone: 212/370-5330, Fax: 646/ 487-6779, Email: harryfox.com, www.nmpa.org.
  7. Play Rights

Samuel French, Inc.                                               Anchorage Press (Plays for young people)

45 West 25th Street                                                c/o Dramatic Publishing

New York, NY 10010-2751                                  311 Washington St.

Phone: 212/206-8990                                Woodstock, IL 60098-3308

Fax: 212/206-1429                                                Phone/Fax: 800/448-7469

www.samuelfrench.com                            customerservice@dpcplays.com

www.applays.com

Baker’s Plays                                             Dramatists Play Service, Inc.

c/o Samuel French, Inc.                             440 Park Avenue South

45 W. 25th Street                                        New York, NY 10016

New York, NY 10010                               Phone: 212/683-8960

Phone: 323/876-0579                                Fax: 212/213-1539

Fax: 323/876-5482                                                postmaster@www.dramatists.com

www.bakersplays.com                               www.dramatists.com

  1. For news archives, check the Web. Many of the largest news organizations have placed archives of their back issues online.
  2. Movies

The Motion Picture Licensing Corporation, 5455 Centinela Avenue, Los Angeles, CA 90066, Phone: 800/462-8855, Fax: 310/822-4440, Email: mplc.org/index/contactform, info@mplc.com, www.mplc.com, grants public performance rights. If the author and the publisher are known, contact them directly. If the publisher is unknown contact: The Literary Marketplace, www.literarymarketplace.com (for books) or Ulrich’s International Periodicals, www.ulrichsweb.com (for journals), both published by the R. R. Bowker Company, www.bowker.com.

  1. Changed Owner

The apparent copyright owner may not be the real copyright owner. The U.S. Copyright Office of Internet Resources, www.loc.gov/copyright, provides online searching of its registration records and performs professional searches for a fee.

  1. Software

Contact the software’s manufacturer at the address given on the licensing agreement.

APPROVED:   July 24, 2012

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Article 542-AP3 – Administrative Procedure – Instructional Materials and Computer Programs Developed Within the Scope of Employment

General Personnel
Administrative Procedure – Instructional Materials and Computer Programs Developed Within the Scope of Employment

Definitions
The definitions used in this procedure are in accordance with State and federal law. In the event of a change, these procedures shall be deemed to be modified to the extent required by the change.

Works made for hire – Instructional materials and computer programs (including written, electronic, digital, audio, visual materials and tapes, films, and works of art) when an employee creates them:

  1. Within the employee’s scope of employment,
  2. In whole or in part during hours of District employment (not including lunch periods or other similar free periods),
  3. Under the District’s supervision or control,
  4. As a direct result of the employee’s duties with the District, and/or
  5. Using District resources or facilities.

Proceeds – Profits derived from the sale of instructional materials after deducting the expenses of developing and marketing these materials.

Computer program – A series of coded instructions or statements in a form acceptable to a computer, which causes the computer to process data in order to achieve a certain result.

Computer – An internally programmed, general purpose digital device capable of automatically accepting and processing data and supplying the results of the operation.

Instructional Material Prepared Within the Scope of Employment
All instructional materials developed by an employee within the scope of District employment are works made for hire and belong to the District. The District is entitled to all proceeds from the sale of works made for hire other than computer programs.

An employee must provide the Superintendent or designee with prior written notification of his or her intention to publish any computer programs developed within the scope of employment. The District has the exclusive right to register the copyrights for them. Unless the employee specifically states in writing to the contrary, the employee warrants that any programs developed and submitted to the District for publication are original.

Computer Programs Prepared Within the Scope of Employment
All computer programs developed by an employee within the scope of District employment are works made for hire and belong to the District.

An employee who develops a computer program is entitled to a share of the proceeds from its sale as agreed to by the District. Neither the employee nor the District may receive more than 90% of the proceeds. An employee’s representative may conduct the negotiation; the School Board must approve all agreements.

The employee must provide the Superintendent or designee with prior written notification of his or her intention to publish any computer programs developed within the scope of District employment. The District has the exclusive right to register the copyrights for them. Unless the employee specifically states in writing to the contrary, the employee warrants that any programs developed and submitted to the District for publication are original.

The District shall compute proceeds. The proceeds of a computer program developed by more than one employee shall be equitably distributed among such employees, in proportion to their participation in the program’s development.

LEGAL REF.: 17 U.S.C. §101.
105 ILCS 5/10-23.10.

APPROVED:   July 24, 2012

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Article 542-E – Exhibit – Request to Reprint or Adapt Material

General Personnel
Exhibit – Request to Reprint or Adapt Material

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Article 545 – Temporary Illness or Temporary Incapacity

General Personnel
Temporary Illness or Temporary Incapacity

A temporary illness or temporary incapacity is an illness or other capacity of ill-being that renders an employee physically or mentally unable to perform assigned duties. During such a period, the employee can 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 their 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, after exhaustion of all available leave, 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.
Any employee may be required to have an examination, at the District’s expense, 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. School Dist. No.127 1/2, 208 N.E.2d 423 (Ill.App.1, 1965).
School District No. 151 v. ISBE, 507 N.E.2d 134 (Ill.App.1, 1987).

APPROVED: July 24, 2012

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Article 550 – Teacher Qualifications

Professional Personnel
Teacher Qualifications

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:
    • Have a valid Illinois certificate that legally qualifies the teacher for the duties for which the teacher is employed.
    • Provide the District Office with a complete transcript of credits earned in institutions of higher education.
    • On or before September 1 of each year, unless otherwise provided in an applicable collective bargaining agreement, provide the District Office with a transcript of any credits earned since the date the last transcript was filed.
    • Notify the Superintendent of any change in the teacher’s transcript.
  2. All teachers with primary responsibility for instructing students in the core academic subject areas (science, the arts, reading or language arts, English, history, civics and government, economics, geography, foreign language, and mathematics) must be highly qualified for those assignments as determined by State and federal law.

The Superintendent or designee shall:

  1. Monitor compliance with State and federal law requirements that teachers be appropriately certified and highly qualified for their assignments;
  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 funds 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.:  20 U.S.C. §6319.
34 C.F.R §200.55, 56, 57, and 61.
105 ILCS 5/10-20.15, 5/21-10, 5/21-11.4, 5/21B-20, and 5/24-23.
23 Ill.Admin.Code §1.610 et seq., §1.705 et seq., and Part 25.

APPROVED: October 20, 2003
AMENDED:  July 24, 2012

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Article 550-AP – Administrative Procedure – Plan to Ensure That All Teachers Who Teach Core Academic Subjects Are Highly Qualified

Professional Personnel
Administrative Procedure – Plan to Ensure That All Teachers Who Teach Core Academic Subjects Are Highly Qualified

The Superintendent or designee shall:

  1. Identify all core academic subjects and non-core subjects.
  2. For core academic subjects, recommend for hiring only teachers who are highly qualified, as defined by Title I of the Elementary and Secondary Education Act and its implementing regulations, State law, and School Board Policy 523.01, Teacher Qualifications.
  3. Identify any teacher currently employed teaching a core subject who is not highly qualified.
  4. Inform the Building Principal of any teacher in his or her building teaching a core subject who is not highly qualified.
  5. Notify each teacher teaching a core subject and who is not highly qualified that federal law requires that all elementary and secondary teachers be highly qualified.
  6. Complete a roadmap for each not highly qualified teacher describing the specific activities that are appropriate to get the individual to highly qualified status within 2 years, benchmarks, proposed completion dates, resources necessary, date of completion, and a District contact person.
  7. Consult with Building Principals and other administrative staff members about methods to ensure that core-subject teachers are highly qualified, such as through incentives for voluntary transfers, professional development, recruiting programs, or other effective strategies.
  8. Appoint a committee to devise methods to: (1) ensure that core subjects are only taught by highly qualified teachers, and (2) assist teachers to become highly qualified.
  9. 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.

APPROVED: October 20, 2003
AMENDED:  July 24, 2012

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Article 550-E1 – Exhibit – Notice to Parents of Their Right to Request Their Child’s Classroom Teachers’ Qualifications

Professional Personnel
Exhibit – Notice to Parents of Their Right to Request Their Child’s Classroom Teachers’ Qualifications

On District letterhead

Date:

Re:       You May Request Your Child’s Classroom Teachers’ Qualifications

Dear Parents/Guardians:

As a parent/guardian of a student at a school receiving funds under Title I of the Elementary and Secondary Education Act, you have the right to request the professional qualifications of the teachers who instruct your child and the paraprofessionals, if any, who assist them.  You may request the following information about each of your child’s classroom teachers and their paraprofessional assistants, if any:

  • Whether the teacher has met State certification requirements;
  • Whether the teacher is teaching under an emergency permit or other provisional status by which State licensing criteria have been waived;
  • The teacher’s college major;
  • Whether the teacher has any advanced degrees and, if so, the subject of the degrees; and
  • Whether any instructional aides or paraprofessionals provide services to your child and, if so, their qualifications.

If you would like to receive any of this information, please contact the school office.

Sincerely,

Superintendent

APPROVED: October 20, 2003
AMENDED:  July 24, 2012

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Article 550-E2 – Exhibit – Notice to Parents of Their Right to Request Their Child’s Classroom Teachers’ Qualifications

Professional Personnel
Exhibit – Notice to Parents When Their Child Is Assigned To or Has Been Taught for at Least Four Straight Weeks By a Teacher Who is Not Highly Qualified

On District letterhead

Date:

Re:       Your Child Is Assigned To or Has Been Taught for at Least Four Straight Weeks By a Teacher Who Is Not Highly Qualified as Defined by Federal Law

Dear Parents/Guardians:

All teachers with primary responsibility for instructing students in the core academic subject areas (science, the arts, reading or language arts, English, history, civics and government, economics, geography, foreign language, and mathematics) must be highly qualified for those assignments as determined by State and federal law.

The teacher listed below has taught your student’s class for the last four consecutive weeks.  While the District is unable to verify that the teacher meets the federal law’s definition of highly qualified, our observations of his/her classroom indicate that he/she is providing a satisfactory educational program and experience.

If you have any questions concerning this notice, please contact the school office.

Teacher:______________________________
Subject:______________________________

Sincerely,

Superintendent

APPROVED: October 20, 2003
AMENDED:  July 24, 2012

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Article 555 – Resignations

Professional Personnel
Resignation

Tenured teachers may resign at any time with consent of the School Board or by written notice sent to the Board Secretary at least 30 days before the intended date of resignation. However, no teacher may resign during the school term in order to accept another teaching position without the consent of the Board.

LEGAL REF.: 105 ILCS 5/24-14.
Park Forest Heights School Dist. v. State Teacher Certification Bd., 842 N.E.2d 1230 (Ill.App.1, 2006).

POLICY ADOPTED: December 2001
POLICY AMENDED: July 24, 2012

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Article 560 – Substitute Teachers

General Personnel
Substitute Teachers

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

A substitute teacher must hold either a valid teaching or substitute certificate and may teach in the place of a certified teacher who is under contract with the Board. There is no limit on the number of days that a substitute teacher may teach in the District during the school year. However there is a limit on the number of days that a substitute teacher may teach for any one certified teacher under contract with the District in the same school year. The following limitations apply:

  1. A substitute teacher holding a substitute certificate may teach only for a period not to exceed 90 school days.
  2. A teacher holding a valid early childhood, elementary, high school, or special certificate may teach only for a period not to exceed 120 school days.

The Teachers’ Retirement System (TRS) in Illinois limits a substitute teacher who is a TRS annuitant to substitute teaching for a period not to exceed 100 paid days or 500 paid hours in any school year,  unless the subject area is one where the Regional Superintendent has certified that a personnel shortage exists.

The School Board establishes a daily rate of pay for substitute teachers.  Substitute teachers receive only monetary compensation for time worked and no other benefits.

Emergency Situations
A substitute teacher may teach when no certified teacher is under contract with the Board if the District has an emergency situation as defined in State law. During an emergency situation, a substitute teacher is limited to 30 calendar days of employment per each vacant position. The Superintendent will notify the appropriate Regional Office of Education within 5 business days after the employment of a substitute teacher in an emergency situation.

Substitute teachers shall be paid at a rate established by the Board of Education.  Substitute teachers certified and teaching in their major or minor area of preparation will be paid 1/185 of the base salary for a B.S. degree on the eleventh consecutive day of teaching for the same teacher.

Substitute teachers certified and teaching in their major or minor area of preparation will be paid the per day rate based on their position on the current salary schedule after the twenty-second consecutive day of teaching for the same teacher.

Long-term substitute:

  1. 1-10 Days – Per diem rate established by Board
  2. 11-22 Days – Per diem rate equivalent to 1/180 of the bachelor’s level, cell 1
  3. 23+ Days – Per diem rate equivalent to 1/180 of the appropriate pay cell

LEGAL REF.:  105 ILCS 5/21-9, 5/21B-20(3), and 24-5.
23 Ill.Admin.Code §1.790.

POLICY READOPTED: April 16, 1990
POLICY REVISED:   March 18, 1991
POLICY REVISED:   May 18, 1998
POLICY REVISED:   July 24, 2012

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Article 565 – Maintaining Student Discipline

Professional Personnel
Maintaining Student Discipline

Maintaining an orderly learning environment is an essential part of each teacher’s instructional responsibilities. A teacher’s ability to foster appropriate student behavior is an important factor in the teacher’s educational effectiveness. The Superintendent shall ensure that all teachers, other certificated employees, and persons providing a student’s related service(s): (1) maintain discipline in the schools as required in the School Code, and (2) follow the School Board policies and administrative procedures on student conduct and discipline.

When a student’s behavior is unacceptable, the teacher should first discuss the matter with the student. If the unacceptable behavior continues, the teacher should consult with the building principal and/or discuss the problem with the parent(s)/guardian(s). A teacher may remove any student from the learning setting whose behavior interferes with the lessons or participation of fellow students. A student’s removal must be in accordance with Board policy and administrative procedures.

Teachers shall not use disciplinary methods that may be damaging to students, such as ridicule, sarcasm, or excessive temper displays. Corporal punishment (including slapping, paddling, or prolonged maintenance of a student in physically painful positions, and intentional infliction of bodily harm) may not be used. Teachers may use reasonable force as needed to keep students, school personnel, and others safe, or for self-defense or defense of property.

LEGAL REF.: 105 ILCS 5/24-24.
23 Ill.Admin.Code §1.280.

POLICY READOPTED: April 18, 1994
POLICY AMENDED: July 24, 2012

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Article 570 – Student Teachers

Professional Personnel
Student Teachers

The Superintendent is authorized to accept students from university-approved teacher-training programs to do student teaching in the District. The Superintendent or designee shall coordinate with each student teacher’s higher education institution a fingerprint-based criminal history records check and checks of the Statewide Sex Offender Database and Statewide Murderer and Violent Offender Against Youth Database prior to any participation in field experiences in a school.

Assignment
The Superintendent or designee shall be responsible for coordinating placements of all student teachers within the District. Student teachers should be assigned to supervising teachers whose qualifications are acceptable to the District and the students’ respective colleges or universities. A teacher may be eligible for Continuing Professional Development Units (CPDU) for supervising a student teacher or teacher education candidate in clinical supervision.

LEGAL REF.: 105 ILCS 5/10-22.34.
105 ILCS 5/21-14(e)(3)(E)(viii).
23 Ill.Admin.Code § 25.875.

POLICY ADOPTED: December 2001
POLICY AMENDED: July 24, 2012

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Article 575 – Private Tutoring for Pay

Professional Personnel
Private Tutoring for Pay

A Prairie Central CUSD #8 teacher has the obligation to assist students in achieving educational goals both in, and beyond, the classroom.  There may be occasions, however, when a teacher is asked to enter into an agreement with a student to perform private tutoring for pay.  The teacher may do so, under the following conditions:

  • A teacher may not tutor for pay a student currently enrolled in his/her class;
  • Tutoring for pay may not occur during the school day (as defined for each building);
  • A teacher may not solicit students for tutoring;
  • The requesting party (student or parent/guardian) and tutor will determine the rate of pay for private tutoring;
  • School facilities, equipment, supplies, and resources may be used for private tutoring only with the written prior approval of the Superintendent; and
  • On-campus tutoring is subject to facilities usage policies and procedures and, since the enterprise is considered profit-making, a rental fee will be assessed.

Private tutoring for pay should be distinguished from home-bound tutoring, which is assigned and compensated by the District.

POLICY ADOPTED:  December 2, 1985
POLICY AMENDED:  March 22, 2011

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Article 585 – Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

Educational Support Personnel
Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

The District shall adhere to State and federal law and regulations requiring a drug and alcohol testing program for school bus and commercial vehicle drivers. The Superintendent or designee shall manage a program to implement federal and State law defining the circumstances and procedures for the testing.

LEGAL REF.: 625 ILCS 5/6-106.1 and 5/6-106.1c.
49 U.S.C. §31301 et <u.seq., 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).

ADOPTED: July 24, 2012

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Article 585-AP – Administrative Procedure – Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

Educational Support Personnel
Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

The District’s drug and alcohol testing program shall apply to all individuals in positions that require a commercial driver’s license and those that require an Illinois school bus driver permit. This includes casual, intermittent, or occasional drivers, leased drivers and independent owner-operator contractors, as well as full-time, regularly employed drivers.  The Superintendent or designee will identify which positions are covered by the various provisions of this procedure.

Pre-Employment Tests
A pre-employment drug test shall be required of an applicant only after he/she has been offered the position.

Drug tests shall be conducted before the first time a driver performs any safety-sensitive function for the District.

Safety-sensitive functions include all on-duty functions performed from the time a driver begins work or is required to be ready to work until he/she is relieved from work and all responsibility for performing work.

Exceptions may be made for drivers who have participated in the drug testing program required by law within the previous 30 days, provided that the District has been able to make all verifications required by law.

Pre-employment testing shall also be required of employees returning to work after a layoff period if the employee was removed from the random testing pool. If the employee remains in the random testing pool, additional testing shall not be necessary.

Controlled Substance Use
Drivers shall inform their supervisors if at any time they are using a drug which their physician has prescribed for therapeutic purposes. Drivers using a controlled substance may continue to perform safety-sensitive functions only if a licensed medical practitioner has advised the driver that the substance will not adversely affect his/her ability to safely operate a commercial motor vehicle. If the District has actual knowledge that a driver has used a controlled substance it shall not permit the driver to perform or continue to perform a safety-sensitive function.

Pre-Duty Use of Alcohol
No driver shall perform safety-sensitive functions within 4 hours after using alcohol. If the District has actual knowledge that a driver has used alcohol within 4 hours it shall not permit the driver to perform or continue to perform safety-sensitive functions.

On-Duty Use of Alcohol
No driver shall use alcohol while performing safety-sensitive functions. If the District has actual knowledge that a driver is using alcohol while performing safety-sensitive functions it shall not permit the driver to perform or continue to perform safety-sensitive functions.

Post-Accident Tests
Alcohol tests shall be conducted as soon after an accident as practicable on any surviving driver:

  1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss of human life; or
  2. Who receives a citation within 8 hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
    1. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
    2. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Controlled substance tests shall be conducted as soon after an accident as practicable on any surviving driver:

  1. Who was performing safety-sensitive functions with respect to the vehicle, if the accident involved loss of human life;
  2. Who receives a citation within 32 hours of occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:
    1. Bodily injury to any person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or
    2. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

Drivers shall make themselves readily available for testing, absent the need for immediate medical attention.

No driver required to take a post-accident alcohol test shall use alcohol for 8 hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

If an alcohol test is not administered within 2 hours of the accident or if a drug test is not administered within 32 hours, the District shall prepare and maintain records explaining why the test was not conducted. Tests will not be given if not administered within 8 hours after the accident for alcohol or within 32 hours for drugs.

Tests conducted by authorized federal, state, or local officials shall fulfill post-accident testing requirements provided they conform to applicable legal requirements and are obtained by the District.  Breath and blood tests meet the requirements of alcohol testing. A urine test meets the requirements of a controlled substances test.

Random Tests
Alcohol and drug tests shall be conducted on a random basis at unannounced times throughout the year.  The number of random alcohol and drug tests shall be at least equal to those required by federal regulations.  Drivers shall be selected by a scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are made.  Tests for alcohol shall be conducted just before, during, or just after the performance of safety-sensitive functions.

Employees off work due to leaves, vacation, and layoffs shall be informed that they remain subject to random testing.  Employees drawn for such testing shall be notified and tested as soon as practicable after they return to duty.

Probable Cause Tests (Applicable to School Bus Driver Permit Holders)
A driver who has received a Uniform Traffic Ticket while in control of a school bus or any other vehicle owned or operated by or for the District, when the vehicle is being used over a regularly scheduled route for the transportation of persons enrolled as students in grade 12 or below, in connection with any activity of the District, may be tested for alcohol. To justify an alcohol test, a police officer must have probable cause to believe that the driver has consumed any amount of an alcoholic beverage based upon evidence of the driver’s physical condition or other first hand knowledge of the police officer.

Upon receipt of a law enforcement officer’s sworn report that the test result was positive or that the driver refused to be tested, the Secretary of State will notify both the permit holder and the District of the sanction (sanction is effective on the 46th day following the date notice was given).

Reasonable Suspicion Tests (Applicable to School Bus Driver Permit Holders)
An alcohol or drug test shall be conducted if a supervisor or District official trained in accordance with law has reasonable suspicion that a driver has violated the District’s alcohol or drug prohibitions.  This reasonable suspicion must be based on specific, contemporaneous, articulable observations concerning the driver’s appearance, behavior, speech, or body odors.  The observations may include indications of the chronic and withdrawal effects of controlled substances.

Alcohol tests are authorized for reasonable suspicion only if the required observations are made during, just before, or just after the period of the work day when the driver must comply with alcohol prohibitions. An alcohol test may not be conducted by the supervisor or District official who determines that reasonable suspicion exists to conduct such a test. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the District shall prepare and maintain a record explaining why this was not done. Attempts to conduct alcohol tests shall terminate after 8 hours.

A supervisor or District official who makes observations leading to a controlled substance reasonable suspicion test shall make a written record of his/her observations within 24 hours of the observed behavior or before the results of the drug test are released, whichever is earlier.

The Superintendent or designee shall ensure that an employee under reasonable suspicion is transported to the designated collection or testing site.

The Superintendent or designee shall notify the Secretary of State, in a manner and form prescribed by the Secretary, of the result of a reasonable suspicion test when: (i) the test indicates an alcohol concentration greater than 0.00; (ii) the test indicates a positive result on a National Institute on Drug Abuse five-drug panel utilizing the federal standards set forth in 49 C.F.R. 40.87; or (iii) when a driver refuses testing. The notification to the Secretary must be submitted within 48 hours of the refusal of testing or the employer’s receipt of the test results.

Enforcement for Non-School Bus Driver Permit Holders
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater. If the District has actual knowledge that a driver has an alcohol concentration of 0.04 or greater it shall not permit the driver to perform or continue to perform safety-sensitive functions.

Federal laws require that any driver who refuses to submit to a post-accident, random, reasonable suspicion test, or follow-up test as described below, shall not perform or continue to perform safety-sensitive functions. The District shall not permit a driver who refuses to submit to such tests to perform or continue to perform safety-sensitive functions.

A driver who is tested and found to have an alcohol concentration of .02 or greater, but less than 0.04, may not perform or continue to perform safety-sensitive functions, including driving a commercial motor vehicle, until the start of the driver’s next regularly scheduled duty period, but not less than 24 hours after the test was administered.

A driver who tests positive for drugs or an alcohol concentration of 0.04 or greater shall be subject to District disciplinary action up to and including dismissal.

A driver who violates District prohibitions related to drugs and alcohol shall receive from the District the names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs available to evaluate and resolve drug and alcohol-related problems. The employee shall be evaluated by a substance abuse professional who shall determine what help the driver needs in resolving such a problem.  Any substance abuse professional who determines that a driver needs assistance shall not refer the driver to a private practice, person, or organization in which he/she has a financial interest, except under circumstances allowed by law.

An employee identified as needing help in resolving a drug or alcohol problem shall be evaluated by a substance abuse professional to determine that he/she has properly followed the prescribed rehabilitation program.

Return-to-Duty Tests for Non-School Bus Driver Permit Holders
If a driver who has violated the District’s drug or alcohol prohibition is returned to performing safety-sensitive duties, a drug or alcohol test shall be conducted.

The District shall not allow employees whose conduct involved drugs to return to duty in a safety-sensitive function until the return-to-duty drug test produces a verified negative result.  The District shall not allow employees whose conduct involved alcohol to return to duty in a safety-sensitive function until the return-to-duty alcohol test indicates an alcohol concentration of 0.02 or less.

Follow-Up Tests for Non-School Bus Driver Permit Holders
A driver who violates the District’s drug or alcohol prohibition and is subsequently identified by a substance abuse professional as needing assistance in resolving a drug or alcohol problem shall be subject to unannounced follow-up testing as directed by the substance abuse professional in accordance with the law.  Follow-up alcohol testing shall be conducted just before, during, or just after the time when the driver is performing safety-sensitive functions.

The District must carry out the substance abuse professional’s follow-up testing requirements.

Follow-up testing shall consist of at least 6 tests in the first 12 months following the driver’s return to duty. Testing shall not occur beyond 60 months from the date of the driver’s return to duty. The substance abuse professional may terminate the follow-up testing if he/she determines that the employee has successfully demonstrated compliance.

Maintenance of Records for Non-School Bus Driver Permit Holders
Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in accordance with the law.  Upon written request, a driver shall receive copies of any records pertaining to his/her use of drugs or alcohol, including any records pertaining to his/her drug or alcohol tests.  Records shall be made available to a subsequent employer or other identified persons only as expressly requested in writing by the driver.

Enforcement for School Bus Driver Permit Holders
In Illinois, a person whose privilege to possess a school bus driver permit has been canceled under 625 ILCS 6-106.1a is not eligible for restoration of the privilege until the expiration of 3 years from the effective date of the cancellation if the person has refused or failed to complete a test or tests to determine blood alcohol concentration, or has submitted to testing with a blood alcohol concentration of more than 0.00.

The Illinois Secretary of State must suspend a school bus driver permit for a period of 3 years upon receiving notice that the holder refused to submit to an alcohol or drug test as required by Section 6-106.1c or has submitted to a test required by that Section that disclosed an alcohol concentration of more than 0.00 or disclosed a positive result on a National Institute on Drug Abuse five-drug panel, utilizing federal standards set forth in 49 C.F.R. 40.87.

A driver who tests positive for drugs or is found to have an alcohol concentration of greater than 0.00 shall have their employment terminated.

Notifications
Each driver shall receive educational materials that explain the requirements of the Code of Federal Regulations, Title 49, Part 382, together with a copy of the District’s policy and regulations for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The information shall identify all of the following:

  1. The person designated by the District to answer drivers’ questions about the materials;
  2. The categories of drivers who are subject to the Code of Federal Regulations, Title 49, Part 382;
  3. Sufficient information about the safety-sensitive functions performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;
  4. Specific information concerning driver conduct that is prohibited by Part 382;
  5. The circumstances under which a driver will be tested for drugs and/or alcohol under Part 382, including post-accident testing under 382.303(d);
  6. The procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processes, safeguard the validity of test results, and ensure that test results are attributed to the correct driver, including post-accident information, procedures and instructions required by 382.303(d);
  7. The requirement that a driver submit to drug and alcohol tests administered in accordance with Part 382;
  8. An explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences;
  9. The consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation, and treatment;
  10. The consequences for drivers who do not hold a school bus driver permit found to have an alcohol concentration of 0.02 or greater but less than 0.04;
  11. The consequences for drivers who hold a school bus driver permit found to have an alcohol concentration over 0.00;
  12. The effects of drugs and alcohol on an individual’s health, work, and personal life; signs and symptoms of a drug or alcohol problem (the driver’s or a coworker’s); and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to an employee assistance program, and/or referral to management; and
  13. Other legal requirements, District policies, and disciplinary consequences related to the use of alcohol and drugs.

Each driver shall sign a statement certifying that he/she has received a copy of the above materials.

Before any driver operates a commercial motor vehicle, the District shall provide him/her with post-accident procedures that will make it possible to comply with post-accident testing requirements.

Before drug and alcohol tests are performed, pursuant to 49 C.F.R. §382, the District shall inform drivers that the tests are required by these regulations.

The District shall notify a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of his/her employment application.

The District shall notify a driver of the results of random, reasonable suspicion, and post-accident drug tests if the test results are verified positive. The District shall also tell the driver which controlled substance(s) were verified as positive.

APPROVED:   July 24, 2012

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Article 590 – Duties and Qualifications

Educational Support & Extra Duty Personnel
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
Paraprofessionals and teacher aides are non-certificated personnel with supervised 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), unless the individual holds any certificate indicative of completion of at least a bachelor’s degree or a provisional vocational certificate, is completing an approved clinical experience, and/or is student teaching.

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.

Non-certificated Personnel Working with Students and Performing Non-Instructional Duties
Non-certificated 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 non-certificated 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 governed by an association, the Superintendent or designee shall ensure that each athletic coach: (1) is knowledgeable regarding coaching principles, (2) has first aid training, and (3) is a trained Automated External Defibrillator user according to rules adopted by the Illinois Department of Public Health. 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.  The Superintendent or designee shall inform the Illinois Secretary of State, within 30 days of being informed by a school bus driver, that the bus driver permit holder has been called to active duty. New bus drivers and bus drivers who are returning from a lapse in their employment are subject to the requirements contained in Board Policy 510, Hiring Process and Criteria and Board Policy 585, 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.

APPROVED: October 20, 2003
AMENDED:  July 24, 2012

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