SECTION G: PERSONNEL

The personnel employed by the Board are a very important resource for effectively conducting a quality educational program. The District’s program functions best when it employs highly qualified personnel, conducts appropriate staff development activities and establishes policies and working conditions which are conducive to high morale and enable each staff member to make the fullest contribution to District programs and services.

The goals of the personnel program include:

1. developing and implementing those strategies and procedures for personnel recruitment, screening and selection which result in employing the best available candidates: those with the highest capabilities, strongest commitment to quality education and greatest probability of effectively implementing the educational program;

2. developing a general assignment strategy which makes the greatest contribution to the educational program, and using it as the primary basis for determining staff assignments;

3. providing positive programs of staff development designed to contribute both to improvement of the educational program and to each staff member’s career development aspirations;

4. providing for a genuine team approach to education, including staff involvement in planning, decision making and evaluation;

5. developing and using for personnel evaluation positive processes which contribute to the improvement of staff capabilities and assist in making employment decisions and

6. encouraging all employees to be cognizant of their roles in instilling ethical principles and democratic ideals in all students.

LEGAL REF.: ORC 3313.602

CROSS REF.: GBB, Staff Involvement in Decision Making (Also ABB)

File: GBA

EQUAL OPPORTUNITY EMPLOYMENT

The District provides equal opportunities for employment, retention and advancement of all personnel.

This Board encourages all personnel to assist in the accomplishment of this goal through their personal commitment to the concept of equal opportunity for all personnel regardless of race, color, national origin, citizenship status, religion, sex, economic status, age or disability.

LEGAL REFS.: Civil Rights Act, Title VI; 42 USC 2000d

Executive Order 11246, as amended by Executive Order 11375

Equal Employment Opportunity Act, Title VII; 42 USC 2000e

Education Amendments of 1972, Title IX; 20 USC 1681

Rehabilitation Act; 29 USC 794

Age Discrimination in Employment Act; 29 USC 623

Immigration Reform and Control Act; 42 USC 1324a et seq.

Americans With Disabilities Act; 42 USC 12101 et seq.

ORC 4112.02

CROSS REFS.: AC, Nondiscrimination/Harassment

ACA, Nondiscrimination on the Basis of Sex

ACAA, Sexual Harassment

ACB, Nondiscrimination on the Basis of Disability

File: GBC

STAFF ETHICS

(Administrators)

The Board believes that public education should be conducted in an ethical manner. In general, the conduct of school administrators conforms to the code of ethics of the professional organizations which represent their job function as follows:

1. for central office administrators, the code of ethics of the Buckeye Association of School Administrators, and/or the Ohio Association of School Business Officials

2. for building administrators, the code of ethics of the Ohio Association of Elementary School Principals, and/or the Ohio Association of Secondary School Administrators.

LEGAL REFS.: ORC 2921.42

3319.21

3329.10

4117.20

File: GBC-E

STAFF ETHICS

(Administrators)

An educational administrator's professional behavior must conform to an ethical code. The code must be idealistic and at the same time practical, so that it can apply reasonably to all educational administrators. The administrator acknowledges that the schools belong to the public they serve for the purpose of providing educational opportunities to all. However, the administrator assumes responsibility for providing professional leadership in the school and community. The responsibility requires the administrator to maintain standards of exemplary professional conduct. It must be recognized that the administrator's actions will be viewed and appraised by the community, professional associates and students. To these ends, the administrator to the following standards.

The educational administrator:

1. Makes the well-being of students the fundamental value of all decision making and actions.

2. Fulfills professional responsibilities with honesty and integrity.

3. Supports the principle of due process and protects the civil and human rights of all individuals.

4. Obeys local, State and national laws and does not knowingly join or support organizations that advocate, directly or indirectly, the overthrow of the government.

5. Implements the governing board of education's policies and administrative rules and regulations.

6. Pursues appropriate measures to correct those laws, policies and regulations that are not consistent with sound educational goals.

7. Avoids using positions for personal gain through political, social, religious, economic or other influences.

8. Accepts academic degrees or professional certification only from duly accredited institutions.

9. Maintains the standards and seeks to improve the effectiveness of the professional through research and continuing professional developing.

10. Honors all contracts until fulfillment, release or dissolutions mutually agreed upon by all parties to the contract.

File: GBCA

STAFF CONFLICT OF INTEREST

Employees shall not engage in, nor have a financial interest in, any activity which conflicts with their duties and responsibilities in the District.

Employees shall not engage in work of any type in which information concerning customer, client or employer originates from any information available to them through District sources.

Employees shall not sell textbooks, instructional supplies, equipment, reference books or any other products to the District. They shall not furnish the names of students or parents to anyone selling these materials.

In order that there is no conflict of interest in the supervision and evaluation of employees, at no time shall any administrator responsible for the supervision and/or evaluation of an employee be directly related to that employee. Directly related means father, mother, brother, sister, son, daughter and spouse.

LEGAL REFS.: ORC 2921.42

3313.811

3319.21

3329.10

4117.20

File: GBCB

STAFF CONDUCT

All staff members have a responsibility to make themselves familiar with, and to abide by, the laws of the State of Ohio, the policies of the Board and the administrative regulations designed to implement them.

The Board expects staff members to conduct themselves in a manner which not only reflects credit to the District, but also presents a model worthy of emulation by students.

All staff members are expected to carry out their assigned responsibilities. Essential to the success of ongoing operations and the instructional program are the following specific responsibilities which are required of all personnel.

1. regular and prompt attendance at work

2. support and enforcement of policies of the Board and regulations of the administration in regard to students

3. diligence in submitting required reports promptly at the times specified

4. care and protection of District property

5. concern and attention toward their own and the District’s legal responsibility for the safety and welfare of students, including the need to ensure that students are under supervision at all times

LEGAL REFS.: ORC 3319.31; 3319.36

File: GBD

BOARD-STAFF COMMUNICATIONS

The Board wishes to maintain open channels of communication with the staff. The basic line of communication is through the Superintendent. Staff members should utilize the Superintendent to communicate to the Board or its subcommittees, while recognizing that Board meetings are public meetings and that employees can participate in Board deliberations.

Accordingly, all official communications, policies and directives of staff interest and concern are communicated to staff members through the Superintendent. The Superintendent develops appropriate methods to keep staff members informed of the Board’s issues, concerns and actions.

Board members must report to the building principal's office the same as all other visitors. Board members must recognize that their presence in school buildings could be subject to a variety of interpretations by school employees. If a visit to a school or classroom is being made for other than general interest, Board members shall inform the Superintendent of such visit and make arrangements for visitations through the principals of the various schools. Board members will indicate to the principal the reason(s) for the visit. Official visits by Board members are carried out only under Board authorization.

LEGAL REF.: ORC 3313.20

CROSS REF.: GBM, Staff Complaints and Grievances

File: GBE

STAFF HEALTH AND SAFETY

Through its overall safety program and various policies pertaining to school personnel, the Board attempts to ensure the safety of employees during their working hours and assist them in the maintenance of good health.

All employees are expected to observe commonly recognized practices which promote the health and safety of school personnel.

Bus drivers will have an examination in compliance with Ohio law. The results of all physical examinations are filed with the Superintendent.

Employees who are required by Ohio or Federal law to have respiratory protection are required to have two physical examinations. The first examination must take place prior to the individual’s wearing a respirator. The second examination must take place after the individual’s exposure to any hazardous material (within 30 days if it is a one-time exposure, and at least annually if it is ongoing exposure).

The Board may require an individual examination of an employee whenever, in its judgment, it is necessary to protect the health and safety of students or other employees. Whenever the Board requires an employee to submit to a physical examination other than those required by law, the Board assumes the cost of the examination. All health examinations required of employees are made by one of the physicians approved for this purpose by the Board.

Workers’ Compensation

In case of injury while pursuing duties in keeping with the employee’s contract, the employee may be eligible for payment of medical expenses under the Workers’ Compensation Act of Ohio.

Any employee who is injured while at work should immediately report such injury to the central office and request the necessary forms to make application for payment under this Act.

LEGAL REFS.: ORC 3313.643; 3313.71; 3313.711

3327.10

4113.23

4123.01 et seq.

Asbestos School Hazard Abatement Act

Asbestos Hazard Emergency Response Act

Comprehensive Environmental Response Compensation and Liability Act

CROSS REFS.: EB, Safety Program

EBBC, Bloodborne Pathogens

GBQ, Criminal Record Check

File: GBEA (Also JHCCA)

HIV/AIDS

(HUMAN IMMUNODEFICIENCY VIRUS/

ACQUIRED IMMUNE DEFICIENCY SYNDROME)

General Principles

The Board recognizes that the human immunodeficiency virus (HIV) and the condition of acquired immune deficiency syndrome (AIDS), which is caused by the HIV infection, are significant medical, legal, educational and social issues. The Board desires to protect the rights of all students and employees and does not discriminate against students and employees who are HIV-infected. The Board works cooperatively with State and local health organizations in assessing the needs of HIV-infected students or staff and keeping updated on current educational information to be included in the District’s educational plan.

Current medical information available indicates that HIV cannot be transmitted from one individual to another by casual contact, i.e., the type of contact that occurs in the school setting, such as shaking hands, sharing an office or a classroom, coughing, sneezing or the use of drinking fountains. Students who are infected with HIV are entitled to all rights, privileges and services accorded to other students. Decisions about any changes in the educational program of an HIV-infected student shall be made on a case-by-case basis, relying on the best available scientific evidence and medical advice.

There shall be no discrimination against employees who are HIV-infected. The District provides equal opportunities for employment, retention and advancement for all staff members. Employees who are unable to perform their duties due to an illness, such as those related to HIV, shall retain eligibility for all benefits that are provided for other employees with long-term diseases or disabling conditions, utilizing the information/rights in any negotiated agreements or Board policies as appropriate. A change in employment status or location due to HIV complications are made on a case-by-case basis.

Evaluating Students and Staff Who Are Infected with HIV

The Superintendent is the designee regarding all HIV incidences. When an individual is found to be infected with HIV, the Superintendent shall determine whether the person has a secondary infection, such as tuberculosis, that constitutes a recognized risk of transmission in the school setting. This is a medical question and the Superintendent shall answer it by consulting with the infected person’s physician, a qualified public health official who is responsible for such determination and the infected person and a student’s parent(s). This group shall also discuss ways that the District may help anticipate and meet the needs of the student or staff member infected with HIV.

If there is no secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall not alter the education program or job assignment of the infected person. The Superintendent shall periodically review the case with the infected person (and the parent(s) of the student) and with the medical advisors described above.

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File: GBEA (Also JHCCA)

If there is a secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall consult with the physician, public health official and the infected person (and the parent(s) of the student). If necessary, they will develop an individually tailored plan for the student or staff member. Additional persons may be consulted, if this is essential for gaining additional information, with the consent of the infected staff member or the student’s parent(s). The Superintendent should consult with the school attorney to make sure that any official action is consistent with Ohio and Federal laws. When the Superintendent makes a decision about the case, there shall be a fair and confidential process for appealing the decision.

If an individually tailored plan is necessary, it shall have a minimal impact on either education or employment. It must be medically, legally, educationally and ethically sound. The Superintendent periodically reviews individual cases and oversees implementation of the plan in accordance with local, Ohio and Federal laws.

Confidentiality

Information regarding a student or staff member infected with HIV is classified, by law, as confidential. Those individuals who have access to the proceedings, discussions or documents must treat such information as confidential. Only with the written consent of the staff member or the student’s parent(s) shall other school personnel, individuals and agencies be informed of the situation/condition. All information pertaining to the case shall be kept by the Superintendent in a locked file; access to this file is granted only to those people who have the written consent of the infected staff member or the infected student’s parent(s).

HIV Advisory Committee

The President of the Board may appoint an HIV Advisory Committee upon the recommendation of the Superintendent.

HIV Education Program

The Board directs the administration to develop a program for educating students.

The Board directs the administration to develop an educational plan to inform employees about HIV-related issues and safety.

LEGAL REFS.: ORC 3313.67; 3313.68; 3313.71

3319.321

3701.13; 3701.14

3707.06; 3707.08; 3707.20; 3707.21; 3707.26

3709.20; 3709.21

OAC 3301-35-02

2 of 3

File: GBEA (Also JHCCA)

CROSS REFS.: AC, Nondiscrimination/Harassment

ACB, Nondiscrimination on the Basis of Disability

EBBC, Bloodborne Pathogens

GBA, Equal Opportunity Employment

GBE, Staff Health and Safety

GBL, Personnel Records

JB, Equal Educational Opportunities

Staff and Student Handbooks

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File: GBG

STAFF PARTICIPATION IN POLITICAL ACTIVITIES

Employees have the same fundamental civic responsibilities and privileges as other citizens. Among these are campaigning for an elective public office and holding an elective or appointive public office.

The terms and conditions under which the employee may continue employment as he/she seeks or holds such office is determined by the Board and law.

Employees are not permitted to use District time, moneys, facilities, equipment or supplies to campaign nor are the employees to actively campaign while on duty.

LEGAL REFS.: Intergovernmental Personnel Act, § 4728

ORC 124.57

3315.07

File: GBI

STAFF GIFTS AND SOLICITATIONS

Gifts

The Board authorizes the expenditure of public funds to purchase meals, refreshments and favors for employees and Board members in the completion of their responsibilities. The Board believes that such expenditures are necessary, on occasion, to further a public purpose in the general operation of the District. Such public purpose includes, but may not be limited to, employee development activities, employee recognition activities and certain routine meetings that may be enhanced by such amenities.

Such expenditures shall be consistent with the Board’s purchasing policy and within the appropriation limits established by the Board.

Presentation of gifts to, and the arrangement of social affairs for, employees leaving the system are governed by the following.

1. Each building principal appoints, or employees may volunteer for, a small social committee to plan social affairs such as teas and luncheons.

2. Any gifts to be presented to departing employees by their respective groups are at the discretion of the group involved.

Solicitations

The Superintendent annually approves all solicitations which are to be permitted in the schools. No organization may solicit funds of staff members in the schools, nor may anyone distribute flyers or other materials related to fund drives through the schools, without the approval of the Superintendent.

Employees may not engage in the sale of products to the schools, even if the proceeds of such sales are intended for charitable or civic purposes; no staff member is to collect any money or distribute any fund-raising literature without the expressed approval of the Superintendent.

File: GBK

SMOKING ON DISTRICT PROPERTY BY STAFF MEMBERS

Replaced with Policy KGC at the regular Board of Education Meeting on December 10, 2007.

File: GBL

PERSONNEL RECORDS

The Superintendent develops and implements a comprehensive and efficient system of personnel records. The following guidelines govern such records.

1. Personnel files contain records and information relative to compensation, payroll deductions, evaluations and such information as may be required by the State or Federal government or considered pertinent by the Superintendent. Anonymous material or material from an unidentified source are not placed in a staff member’s file.

2. A personnel file for each employee is accurately maintained in the District office in accordance with administrative regulations incorporating the requirements set forth under the Ohio Privacy Act for the protection of employees.

3. Ohio law requires that all public records be promptly prepared and made available for inspection to any member of the general public at all reasonable times during regular business hours. Upon request, the person responsible for maintenance of the public records is required to make copies available at cost, within a reasonable period of time.

4. The public has access to all records in the personnel file with the following exceptions.

A. medical records

B. records pertaining to adoption, probation or parole proceedings

C. trial preparation records

D. confidential law enforcement investigatory records

E. records of which the release is prohibited by Ohio or Federal law

5. Each employee has the right, upon written request, to review the contents of his/her own personnel file. Exceptions to this shall include medical, psychiatric or psychological information determined by a physician, psychiatrist or psychologist to be likely to have an adverse effect upon the employee. Requests are made to the Superintendent and scheduled for a time convenient for the parties involved.

6. Employees may make written objections to any information contained in the file. Any written objection must be signed by the staff member and becomes part of the employee’s personnel file after the appeal procedure outlined in the Ohio Revised Code. The appeal procedure permits any employee who disputes the accuracy, relevance, timeliness or completeness of information maintained in his/her file to compel the District to investigate the current status of the information.

7. Personnel records should be reviewed only within the confines of the Superintendent’s office or the Board’s office.

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File: GBL

LEGAL REFS.: ORC 9.01; 9.35

149.41; 149.43

1347.01 et seq.

3317.061

4113.23

OAC 3301-35-03(A)(10)

CONTRACT REFS.: Teachers’ Negotiated Agreement

Support Staff Negotiated Agreement

2 of 2

File: GBM

STAFF COMPLAINTS AND GRIEVANCES

The Board encourages the administration to develop effective means for resolving differences that may arise among employees, reducing potential areas of grievances and establishing and maintaining recognized channels of communication.

Grievance procedures should provide for prompt and equitable adjustment of differences at the lowest possible administrative level; each employee should be assured the opportunity for an orderly presentation and review of complaints and concerns.

The machinery established for the resolution of grievances in contracts negotiated with recognized employee bargaining units applies only to "grievances" as defined in the particular contract(s).

LEGAL REFS.: ORC 4117.09; 4117.10

CROSS REF.: GB, General Personnel Policies

CONTRACT REFS.: Teachers’ Negotiated Agreement

Support Staff Negotiated Agreement

File: GBP

DRUG-FREE WORKPLACE

An employee who enters upon school property or who reports for duty while suspected of being under the influence of alcoholic beverages or drugs (as defined in Ohio Revised Code 3719.011) not prescribed for the employee by a physician shall be immediately suspended from duty by the Superintendent. The Superintendent shall investigate the charges of abuse and shall, if circumstances warrant, take appropriate disciplinary action. If the investigation reveals a violation of the law, the proper law enforcement agencies shall be notified.

An updated referral list is available in the Superintendent's office. Any school employee can request current information about drug and alcohol counseling, rehabilitation programs and re-entry programs that are available to employees.

The purposes of this policy include the following:

1. To promote and maintain a safe, healthy working and learning environment for employees and students.

2. To eliminate substance abuse problems in the workplace.

3. To provide a model of substance-free behavior for students.

4. To aid in the reduction of absenteeism and tardiness.

5. To ensure that individuals supervising students are substance-free.

PRE-EMPLOYMENT TESTING OF TEACHERS AND ADMINISTRATORS

In order to promote the purposes of this policy, all applicants for positions (not including substitute teachers) will be required to undergo a post-offer, pre-employment drug test prior to beginning their employment with the Board. All offers for such positions shall be contingent on passing the pre-employment drug test. An applicant for a position as a teacher or administrator will not be considered unless the applicant consents to the pre-employment drug test and to release of information from the test in accordance with this policy by signing the District's consent form and undergoing the test. Failure to undergo the drug test when requested will be considered a withdrawal of the application and constitutes a rejection of the offer. All applicants for positions will be provided a copy of this policy.

Applicants must undertake the test as soon as possible after being requested to do so, and in no case later than 36 hours after being directed to the test site. An applicant whose drug test shows that the applicant has engaged in the unauthorized use of any drug prohibited under the Board's Drug-Free Workplace policy (Policy GBP-R) will not be permitted to begin employment with the Board and the contingent employment offer shall be considered withdrawn. Drug use pursuant to a medical prescription is not considered unauthorized. An applicant with a positive test will not be reconsidered for an open position for a period of one year.

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File: GBP

DRUG TESTING AND PRIVACY REGULATIONS

Regulations shall be used to protect the privacy of the applicant and ensure the accuracy of test results. The Board shall retain the services of a certified laboratory. The laboratory will follow specimen collection and analysis procedures that are consistent with Department of Transportation (DOT) regulations (49 CFR Part 40, subpart B) which regulations are incorporated herein by reference, with any exceptions or additions as noted in this policy. The certified laboratory is responsible for gathering a medical history of the applicant, explaining the testing procedure to the applicant and taking the urine sample.

1. Laboratory Duties

The certified laboratory will be responsible for specimen retention and will retain all specimens for a minimum of one week. At such time, negative specimens will be discarded. positive specimens will be resealed and retained in a separate and secure area for a minimum of one year. Within this one year period, the person tested, the MRO or the Superintendent can request in writing the laboratory retain the sample for an additional reasonable period. If no such written request is received within the one year period, the sample may be discarded. Any transfer of the original specimen to another laboratory for reconfirmation of positive results will follow the chain of custody procedures described in the DOT regulations.

Specimens will be collected in accordance with DOT procedures. At least 30 ml of urine will be required to complete the test, otherwise the test will be rejected and must be re-performed. The designated collection site will have an enclosure within which private urination can occur, a toilet for completion of urination and a source of water for washing hands. Individuals will be allowed individual privacy unless there is reason to believe that a particular individual may alter or substitute the specimen as provided in DOT regulations. Examples of such cause to be believe a specimen will be or has been altered include abnormalities in the specimen's temperature range, specific gravity, creatinine concentration, the presence of adulterants or observed conduct clearly indicating an attempt to substitute of adulterants a sample.

The certified laboratory will follow DOT procedures of preparation for testing, chain of custody, security, privacy, integrity and identity of specimen and any necessary transportation of the specimen. The applicant must complete all necessary custody and control forms as required by the laboratory.

Two tests are required for a specimen to be considered positive. Both tests shall us cutoff levels according to DOT regulations. The initial test will be an Enzyme-Multiplied Immunoassay Technique (EMIT) screen. A negative result on that screen will eliminate that sample from further consideration and is considered a negative test. All specimens identified as positive on the initial test will then be confirmed using gas chromatography/mass spectrometry techniques (GC/MS).

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File: GBP

2. Medical Review Officer Duties

Results of testing will be reviewed by a Medical Review Officer (MRO) who will be instructed by the Board to follow procedures consistent with DOT procedures for medical review officers and the procedures of this policy. Unless inconsistent with other provisions of this policy, the MRO shall also be instructed to follow the procedures in the U.S. Department of Health and Human Services Medical Review Officer's Manual.

Prior to reporting any positive result to the employer, the MRO must consider alternative medical explanations (other than the illegal use of drugs), review the medical history questionnaire, interview the applicant the question either by telephone or in person, and review any medical history or medical records the applicant submits to determine if the positive result is due to legally prescribed drugs or any other satisfactory reason. Retesting of the original specimen is required if the MRO deems it necessary. If the MRO determines that there is a legitimate medical explanation for a positive test other than the use of a prohibited drug, the MRO must conclude the test is negative.

The MRO will advise the applicant that he/she has tested positive and, if requested by the applicant, will allow the applicant a reasonable period of time, not to exceed three days, to provide additional medical evidence of a proper prescription for the drug(s) which caused the positive test. The MRO is not required to tell an applicant who tests positive what drug was indicated as positive. Rather the applicant must provide evidence of all prescription drugs taken, and it is in MRO's job to determine if the prescription drugs account for the positive result. Only after the MRO determines a result is positive will he/she report it to the Superintendent.

3. Superintendent Duties

The Superintendent will advise the applicant of the results of the test and the implications under this policy. Current employees who apply for positions as teachers or administrators will suffer no consequences to their current employment as a result of a positive test.

Records of drug test results are recognized to be private and sensitive, and will be maintained in accordance with this policy to ensure confidentiality. Results shall be maintained in a separate file, and shall not become part of a personnel file. Results shall not be shared with any other Board personnel other than the Superintendent and his/her secretary. Results will not be released without the consent of the applicant, except to the extent the applicant initiates litigation or administrative proceedings over the refusal to hire or the results of the test.

LEGAL REFS.: Drug-Free Workplace Act of 1988; 41 USC 701 et seq.;

20 USC 3474, 1221e-3(a)(1)

Drug-Free Campus and Schools Act; 20 USC 3224(a), 34 CFR, §86

CONTRACT REFS.: Teachers’ Negotiated Agreement; Support Staff Negotiated Agreement

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File: GBP-R

DRUG-FREE WORKPLACE

No employee of the Brunswick City School District shall unlawfully manufacture, distribute, dispense, possess or use in the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance as defined in schedules I through V of Section 202 of the controlled substances act (21 USC 812) and as further defined by regulation at 21 CFR 1300.11 through 1300.15.

Workplace includes any Brunswick City School District building or any school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off-school property during any school-sponsored or school-approved activity, event or function including but not limited to field trips or athletic events, where students are under the jurisdiction of the Brunswick City School District.

As a condition of employment, each employee shall notify his/her supervisor of his/her conviction of a criminal drug statute for a violation occurring in the workplace as defined above. Such notification shall be provided no later than five days after a conviction. The term "conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. The term "criminal drug statute" means a criminal statute involving the manufacture, distribution, dispensation, use or possession of any controlled substance.

The Brunswick City School District is required to take appropriate personnel action against an employee convicted under a criminal drug statute, within 30 days after receiving notice from an employee of such a conviction, the act directs the school district to take appropriate disciplinary action up to and including termination or to require the employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved by the Board of Education. Any personnel action taken will be at the discretion of the Board of Education.

As a condition of employment, each employee shall abide by the terms of the written statement.

File: GBP-E

BRUNSWICK CITY SCHOOL DISTRICT

DRUG TESTING CONSENT FORM

I have read and I understand the Brunswick City School District Drug Free Workplace Testing Policy (the "Policy"). I understand that, under the Policy, I will required to undergo and pass a drug test as a condition to any employment offer.

I hereby consent to the requirements of this Policy. I agree to submit to a pre-employment drug test as referenced in the Policy and understand the timelines referenced in the Policy. I authorize the testing agency to provide the results of this test to the Medical Review Officer and the Board in conformance with the Policy. I understand that if I fail my pre-employment drug test, I will not be hired by the Board and any conditional offer of employment will be considered withdrawn. I further agree to hold the Board, its agents, officers and employees and the testing agency and Medical Review Officer harmless from any and all liability in connection with the test or search conducted pursuant to the Policy.

Applicant Signature

Applicant Printed Name

Date Witness Signature

File: GBQ

CRIMINAL RECORD CHECK

The Board shall request from the Superintendent of the Bureau of Criminal Identification and Investigation criminal record checks of candidates under final consideration for employment or appointment in the District if the candidates are responsible for the care, custody or control of students.

The Board may employ persons responsible for the care, custody or control of students on the condition that the candidate submit to and pass a BCII criminal record check in accordance with the Ohio Revised Code. Any person conditionally hired who fails to pass a BCII criminal background check shall be released from employment.

An applicant for employment may provide a certified copy of a BCII criminal background check to the District in compliance with the Ohio Revised Code. The District may accept this background check in place of its own background check if the date of acceptance by the District is within one year after the date of issuance by the BCII.

For bus driving applicants, a BCII, county or local law enforcement agency records check is required. For currently employed bus drivers, a new report is required every two years.

Any and all information obtained by the Board or persons under this policy is confidential and shall not be released or disseminated. Any applicant not hired because of information received from the record check shall be assured that all records pertaining to such information are destroyed.

LEGAL REFS.: ORC 109.57

2953.32

3319.39

OAC 3301-83-06

CROSS REFS.: GCD, Professional Staff Hiring

GDD, Support Staff Hiring

IICC, School Volunteers

File: GBR

FAMILY AND MEDICAL LEAVE

The Board provides leave to eligible employees consistent with the Family and Medical Leave Act (FMLA). Eligible employees are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period. The Board continues to pay the District’s share of the employee’s health benefits during the leave. In addition, the District restores the employee to the same or a similar position after the termination of the leave in accordance with Board policy.

In complying with the FMLA, the District adheres to the requirements of applicable Federal and Ohio laws.

LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.

ORC 124.39

3313.20; 3313.211

3319.08; 3319.09; 3319.13; 3319.131; 3319.14; 3319.143

CONTRACT REFS.: Teachers’ Negotiated Agreement

Support Staff Negotiated Agreement

File: GCA

PROFESSIONAL STAFF POSITIONS

All professional staff positions are created only with the approval of the Board. It is the Board’s intent to maintain a sufficient number of positions to accomplish its goals and objectives.

Before any new position is established, the Superintendent presents for the Board’s approval a job description for the position.

Although a position may remain temporarily unfilled or the number of persons holding the same type of position may be reduced in the event of staff reductions, only the Board may abolish a position which it has created.

The Superintendent keeps all job descriptions current and presents recommended changes to the Board for approval.

LEGAL REFS.: ORC 3319.02; 3319.03; 3319.09; 3319.10; 3319.22

4117.01

OAC 3301-35-01; 3301-35-03

File: GCBB

PROFESSIONAL STAFF SUPPLEMENTARY PAY PLANS

Certain positions assigned to individuals may require extra responsibility or extra time beyond that required of all professional staff members. When the Board and administration determine the need, personnel assigned to such positions are provided supplemental contracts and supplemental compensation.

A teacher who is offered and undertakes a supplemental assignment, including but not limited to a coaching duty, enters into a one-year limited contract with the Board, which automatically terminates upon the expiration date.

All assignments accorded extra compensation are designated by the Board, as is the compensation for such assignments. Contracts for such assignments are awarded by the Board upon the recommendation of the Superintendent.

Pay for supplemental assignments is based upon work performed beyond regular duties and beyond the regular work day.

The Board directs the Superintendent/designee to identify supplemental contract positions that supervise, direct or coach a student activity program which involves athletic, routine/regular physical activity or health and safety considerations. Upon the identification of the position, the individual must complete the requirements established by the Ohio Department of Education, Ohio law and the Ohio Administrative Code.

LEGAL REFS.: ORC 3319.08; 3319.11

CROSS REFS.: GCB, Professional Staff Contracts and Compensation Plans

IGD, Cocurricular and Extracurricular Activities

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCBD

PROFESSIONAL STAFF LEAVES AND ABSENCES

The Board provides a plan for considering leaves and absences for its staff members in accordance with Ohio and Federal laws and Board policies. A leave of absence is a period of extended absence from duty by a staff member, for which written request has been made and formal approval has been granted by the Board.

Compensation, if any, during leaves of absence depends upon the type of leave. Deductions are made in salaries for absence in accordance with regulations developed by the administration and approved by the Board.

When the group insurance policy permits, an employee may continue to participate in Board-approved insurance programs, provided that the employee pays the entire premium for these benefits.

A staff member terminates his/her affiliation with the Board if, at the expiration of the specified period of leave, he/she declines the position that is offered to him/her. An employee holds the same contract status held on the date on which his/her leave began when he/she returns to duty if his/her contract has not expired during the period of the leave of absence.

The teaching/learning process is the primary function of a school system. Leaves of absence taken during the school year disrupt classroom learning. Because of its interest in continuous quality education for all students, leaves of absence during the school year are not looked upon favorably by this Board. Requests will be reviewed on a case by case basis according to applicable State laws and the terms of negotiated employee agreements. Employees should not assume that a leave will be automatically granted.

Assignments to Charter Schools

The District must grant a leave of absence of at least three years to each member of its teaching and support staff who is an employee at a charter school. The District must re-instate a former employee after they are discharged from the charter school unless the employee is terminated for a reason for which the Board itself would have sought to terminate the employee. In such cases, the Board may institute termination proceedings in compliance with State law and/or the negotiated agreement.

Persons employed by the District and assigned to a charter school are considered employees of the District in all respects.

LEGAL REFS.: Family and Medical Leave Act; 29 USC 2611 et seq.

ORC 124.39

3313.20; 3313.211

3319.08; 3319.09; 3319.13; 3319.131; 3319.14; 3319.143

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCC

PROFESSIONAL STAFF RECRUITING

Because the quality of the staff hired by the Board is the major component of an effective, productive educational program, the Board and the administration of the District make efforts to attract and retain qualified personnel.

The Board expects the Superintendent, with the assistance of the administrative staff, to determine the personnel needs of the District and the individual schools and to recruit the best qualified candidates to recommend for employment.

The search for teachers and other professional employees is extended to a wide variety of educational institutions and geographical areas. The search takes into consideration the characteristics of the community and the school system as well as the need for a staff from various backgrounds and with differing levels of experience.

Recruitment procedures include posting all openings so that the talents and potential of individuals already employed by the school system are not overlooked. Any current employee may apply for any position for which he/she has certification and meets other stated requirements. All candidates shall be considered on the basis of their merits, qualifications and the needs of the District.

The appropriate building administrator is expected to be involved in recruiting and interviewing. The Superintendent’s recommendation reflects, although not necessarily concurs with, that administrator’s appraisal of the candidate’s qualifications.

LEGAL REF.: OAC 3301-35-03

File: GCD

PROFESSIONAL STAFF HIRING

Through its employment policies and within budget constraints, the Board attempts to attract, secure and retain the highest qualified and experienced personnel for all professional positions.

The Superintendent determines the personnel needs and recommends suitable candidates for employment to the Board. Through recruiting and evaluation procedures, the Superintendent recruits and recommends to the Board the employment and retention of personnel.

It is the duty of the Superintendent to see that persons nominated for employment in the schools meet all certification requirements and the requirements of the Board for the type of position for which the nomination is made.

The following guidelines are used in the selection of personnel.

1. There is no discrimination in the hiring process.

2. The quality of instruction is enhanced by a staff with widely varied backgrounds, educational preparation and previous experience. Concerted efforts are made to maintain a variation in the staff.

3. Interviewing and selection procedures ensure that the administrator who is directly responsible for the work of a staff member has an opportunity to aid in the selection process. The final recommendation to the Board is made by the Superintendent.

4. No candidate is hired without a personal interview. References are carefully checked.

5. All candidates are considered on the basis of their merits, qualifications and the needs of the District. In each instance, the Superintendent and others having a role in the selection process seek to recommend the best qualified applicant for the job.

While the Board may accept or reject a nomination, an appointment is valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination.

LEGAL REFS.: ORC 3313.53

3319.02; 3319.07; 3319.11; 3319.21; 3319.22-3319.31

3323.06

OAC 3301-35-03(A)

CROSS REFS.: AC, Nondiscrimination/Harassment

GBA, Equal Opportunity Employment

GBQ, Criminal Record Check

File: GCD-2

PROFESSIONAL STAFF HIRING

(ADMINISTRATORS BOTH PROFESSIONAL AND SUPPORT)

The Board recognizes that it is vital to the successful operation of the District that administrative positions within the District are filled with highly qualified and competent personnel.

No candidate for administrative employment receives recommendation for such employment without having offered visual evidence of necessary certification or without meeting all qualifications outlined in the appropriate job description and/or vacancy posting.

All candidates are considered on the basis of their merits. The Board encourages existing employees holding appropriate certification and posting qualifications to apply for promotional positions. In each instance, the Superintendent and all others having a role in the selection seek to recommend the best qualified person for the job, within budget constraints.

Any employee's misstatement or misrepresentation of fact pertinent to qualifications for employment or the determination of salary are considered by the Board to constitute grounds for dismissal.

The following guidelines are followed by the Superintendent when recruiting, screening and recommending candidates for administrative employment. The Superintendent:

1. seeks candidates for employment who possess the following attributes:

A. successful educational training and experience

B. appreciation of children

C. emotional and mental maturity

2. seeks and secures such recommendation from former employers or others as may be of assistance in assessing the candidate's qualifications

3. has criminal checks made on candidates' backgrounds as per the guidelines of the Ohio Revised Code.

The Superintendent may utilize committees as part of the screening of candidates process. The purpose of such a committee is to:

1. utilize the position posting qualifications and the job description as a basis for paper screening all applications;

2. select applicants for interviews;

3. conduct initial and any necessary follow-up interviews and

4. recommend to the Superintendent no less than three candidates for his/her consideration. These recommendations SHALL NOT be ranked or prioritized in any way.

The composition of an administrative screening committee shall be as follows.

1 of 2

File: GCD-2

1. Building Principals

A. Assistant Superintendent, Personnel

B. At least two additional central office administrators (appointed by the Superintendent)

C. A principal from the level of opening (appointed by the Superintendent)

D. One teacher representative from the building in which the vacancy exists

E. One support staff representative from the building in which the vacancy exists

F. One representative from a parent support group within the school, i.e., PTO, Booster Club, etc. (The parent group shall be given the opportunity to select its representative.)

2. Central Office Administrators

If utilized by the Superintendent when filling central office positions, the screening committee will be made up of:

A. Treasurer

B. At least two other central office administrators

C. One building administrator

It should be understood that the sole responsibility for recommending the final candidate to the Board belongs to the Superintendent. This policy does not prohibit the Superintendent from exercising his/her legal authority and responsibility for recommending personnel.

LEGAL REFS.: ORC 3313.53

3319.02; 3319.07; 3319.11; 3319.21; 3319.22-3319.31

3323.06

OAC 3301-35-03(A)

CROSS REFS.: AC, Nondiscrimination/Harassment

GBA, Equal Opportunity Employment

GBQ, Criminal Record Check

2 of 2

File: GCE

PART-TIME AND SUBSTITUTE PROFESSIONAL STAFF EMPLOYMENT

All professional personnel serving as substitute teachers or in part-time positions are recommended by the Superintendent for appointment by the Board. The rates of pay for such employment are recommended by the Superintendent and established by the Board.

The employment of substitute teachers is centralized for the District in the office of the Superintendent. Candidates selected are recommended to the Board for placement on the list of approved substitutes. Principals assume responsibility for the scheduling of substitutes from the approved list as needed.

LEGAL REFS.: ORC 3317.13

3319.08; 3319.10; 3319.13

CROSS REF.: Substitute Handbook

File: GCI

PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS

The assignment and transfer of teachers shall be the responsibility of the Superintendent. Each teacher is assigned to a specific area and may be transferred to any other position for which he/she is qualified. Transfers may be requested by administrators, supervisors or teachers. The Superintendent may initiate a transfer whenever he/she believes it is in the best interest of the District.

A request for transfer does not guarantee that such a transfer will be made. Teachers are encouraged to discuss transfers or their intention to request transfer with the principal, or other appropriate supervisor.

Assignment to Nonpublic Schools

Teachers employed by the Board and assigned to nonpublic schools are considered as employees in all respects.

Such teachers will fulfill all requirements established for any other teacher assigned to serve within the District. Such teachers may be re-assigned to serve in any other assignment, either in the public schools or in nonpublic schools, as long as they are qualified to perform such duties.

Supervision of the performance of teachers assigned to nonpublic schools is the responsibility of the Superintendent.

The teacher assigned to a nonpublic school is on duty the same number of days per school year as is a teacher in the public schools of the District.

Administrators

An administrator cannot be transferred during the term of his/her contract to a position of lesser responsibility unless he/she agrees to such a transfer.

LEGAL REFS.: ORC 3319.01; 3319.02; 3319.12

OAC 3301-35-03(A)

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCJ

PROFESSIONAL STAFF TIME SCHEDULES

Administrators

The nature of the duties and responsibilities of administrators and supervisors requires their hours of work to vary and extend as necessary to fulfill the requirements of their positions. The work year for administrators is established individually through their contracts.

Working Days

Administrative personnel are employed on contracts to perform certain functions within the District. The Board shall establish for this group of employees the number of working days to be included as a covenant in the individual's contract. The number of working days shall not be less than those required by the State.

Hours of Employment

The Superintendent shall establish the hours of employment for administrative personnel. These hours shall be the time required to complete the work for which the personnel were employed. This group of personnel is expected to be available to the staff and/or parents for conferences, meetings, etc., at the discretion of the Superintendent.

Teachers

Efforts are made by the administration to provide a uniform work day for teachers. The work day for teachers shall be established by the Board.

The work year for teachers is established by the Board’s adoption of the school calendar.

LEGAL REFS.: ORC 3313.48; 3313.481; 3313.483

3319.111

OAC 3301-35-02(B) (11; 12; 13); 3301-35-03(A)(12)

CROSS REF.: Brunswick City School District Board of Education – Administrator Benefit

Provisions

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCL

PROFESSIONAL STAFF DEVELOPMENT OPPORTUNITIES

Professional staff members are encouraged to pursue and are provided with opportunities for the development of increased competencies beyond those which they may attain through the performance of their assigned duties and assistance from supervisors.

Opportunities for professional growth are provided through such means as:

1. planned in-service programs and workshops offered within the District from time to time;

2. released time for visits to other classrooms and schools and for attendance at conferences, workshops and other professional meetings and

3. leaves of absence for advanced educational training.

The Superintendent has the authority to approve released time for conferences and visitations and reimbursements for expenses, provided that such activities are within budget allocations for that purpose.

LEGAL REFS.: ORC 3313.20

3315.07

3319.131

OAC 3301-35-03

CROSS REF.: GCBD, Professional Staff Leaves and Absences

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCN-1

EVALUATION OF PROFESSIONAL STAFF

(TEACHERS)

A determination of the efficiency and effectiveness of the teaching staff is a critical factor in the overall operation of the District.

An ongoing evaluation program is implemented to provide a record of service, to provide objective evidence for employment and personnel decisions and to promote the improvement of instruction as a part of the goals of the District.

Procedures used in the evaluation process are subject to Board approval or in accordance with the negotiated agreement. Complete and appropriate evaluation records are maintained.

LEGAL REFS.: ORC 3319.01; 3319.11; 3319.111; 3319.16; 3319.161

OAC 3301-35-03(A)(8)

CROSS REF.: GBCA, Staff Conflict of Interest

CONTRACT REF.: Teachers’ Negotiated Agreement

File: GCN-2

EVALUATION OF PROFESSIONAL STAFF

(ADMINISTRATORS BOTH PROFESSIONAL AND SUPPORT)

The Superintendent institutes and maintains a comprehensive program for the evaluation of administrative personnel. Administrative personnel are all persons issued contracts in accordance with the Ohio Revised Code, including the following: assistant superintendents, principals, assistant principals and all other personnel required to maintain certificates in order to be employed as pupil-personnel workers and educational administrative specialists (provided that such person spends less than 50% of his/her time teaching or working with students) and any other employee whose duties enable him/her to be considered either a "supervisor" or "management-level employee" exempted from the employee bargaining unit.

The purpose of administrator evaluations is to assess the performance of administrators, to provide information upon which to base employment and personnel decisions and to comply with the requirements of Ohio law. Evaluations are considered by the Board in determining whether to re-employ administrators. In addition, evaluations should assist administrators in developing their professional abilities in order to increase the effectiveness of District management.

The evaluation measures the administrator’s effectiveness in performing the duties included in his/her written job description. The evaluations are conducted annually by the Superintendent/ designee. In order to provide time to show progress in correcting any deficiencies identified through the evaluation process, a completed evaluation shall be received by and be discusse