BOE Personnel - Certified & Non-Certified 4000 Series

Recruitment and Selection

4111, 4211

The Board desires the Superintendent to develop and maintain a recruitment program designed to attract and hold the best possible personnel who are “effective teachers” as defined by federal law in the District’s schools. All District teachers must meet applicable state certification and licensure requirements, including any requirements for certification obtained through alternate routes to certification.

The school district recognizes the heterogeneity of the people who live in the school district and believes that this characteristic should have an important bearing on all aspects of the school district’s activities.

The Board of Education believes it is especially important that this heterogeneity of population be recognized in the recruitment and assignment of personnel.

To this end, the Board of Education shall develop and implement a written plan for minority staff recruitment. The administration is directed to make a serious effort to see that the recruitment procedures of the district produce a total staff representative of the total population of the district and that the assignment procedures of the district bring to each school staff members representative of the population represented by the student membership in each local school.

The schools shall engage in fair and sound personnel practices in the appointment of all district employees. The administration shall be responsible for establishing recruitment, selection and appointment procedures.

The Superintendent shall insure that the District is in compliance with the provisions of Title I and the Every Student Succeeds Act. Manuals and handbooks shall comply with federal law as to the qualifications for instructional personnel. Parents/guardians of students in Title I schools shall be informed annually, at the beginning of each school year, of their right to request information about whether their child’s teacher has met state qualifications and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; is teaching under emergency or other provisional status through which state qualifications or licensing criteria have been waived; and is teaching in the field of discipline of the certification of the teacher. The qualifications of services provided by paraprofessionals shall also be provided. Timely notices shall also be provided to parents/guardians that the student has been assigned, or has been taught in a Title I school for 4 or more consecutive weeks by a teacher who does not meet applicable state certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

Hiring of Retired Teachers

A retired teacher receiving benefits from the Teachers Retirement System (TRS) may be reemployed by the Board for up to one full school year in a position (1) designated by the Commissioner of Education as a subject shortage area, or (2) at a school located in a priority school district for the school year in which the teacher is being employed. Such employment may be for up to one full school year. Such reemployment may be extended for an additional school year, provided the Board (a) submits a written request for approval to the Teachers’ Retirement Board, (b) certifies that no qualified candidates are available prior to the reemployment of such teacher and (c) indicates the type of assignment to be performed, the anticipated date of rehire and the expected duration of the assignment.

The salary of such teacher shall be fixed at an amount at least equal to that paid other teachers in the District with similar training and experience for the same type of service. Upon Board approval of such employment, the retired teacher shall be eligible for the same health insurance benefits provided to active teachers employed by the District. No retirement benefits shall be paid during this period of reemployment.

Except as indicated below, and in the first paragraph in this section, a certified educator receiving retirement benefits from the Teachers Retirement System (TRS) may not be employed in a certified position receiving compensation paid out of public money appropriated for school purposes except that such educator may be employed in such a position and receive no more than forty-five percent of the maximum salary level for the assigned position. Any certified educator who receives in excess of such amount shall reimburse the Board for the amount of such excess.

Commencing July 1, 2016, to June 30, 2018, the exemption from the limitation on the compensation of a reemployed certified educator apply to an educator who (A) is receiving retirement benefits from TRS based on thirty-four or more years of credited service, (B) is reemployed in a district designated as an alliance district (pursuant to C.G.S. 10-262u), and (C) was serving in the district on July 1, 2015.

On and after July 1, 2016, a certified educator receiving retirement benefits from the system may be employed and receive compensation, health insurance benefits, and other employment benefits provided to active teachers employed by such school system provided such teacher does not receive a retirement income during such employment. Payment of such teacher’s retirement income shall resume on the first day of the month following the termination of such employment.

Legal Reference: Connecticut General Statutes

10-151 Employment of teachers. Notice and hearing on termination of contract (as amended by P.A. 12-116 An Act Concerning Educational Reform)

10-153 Discrimination on account of marital status.

10-183v Reemployment of teachers, as amended by P.A. 10-111, An Act Concerning Education Reform in Connecticut and P.A. 16-91, An Act Making Changes to the Teachers’ Retirement System.

10-220 Duties of Boards of Education.

31-126 Unfair Employment Practices.

46a-60 Discriminatory employment practices prohibited.

Title IV Equal Employment Opportunities.

20 U.S.C. Section 1119 No Child Left Behind Act.

34 C.F.R. 200.55 Federal Regulations.

P.L. 114-95 Every Student Succeeds Act, S.1177-55, 56

Policy adopted: November 11, 2009 ANDOVER PUBLIC SCHOOLS

Policy revised: ________________ Andover, Connecticut

 

Personnel – Certified Appointments and Conditions of Employment  

4112

The Andover Board of Education delegates the Superintendent the authority to hire certified (except administration), and supplementary positions. In the case of administrative or supervisory personnel, the Superintendent shall nominate a candidate to the Board. 

The Superintendent shall insure that all certified personnel recommended to the Board meet state certification requirements for the position, including required fingerprinting and other criminal records checks. 

Within guidelines of any existing provisions in negotiated agreements, the Superintendent shall be responsible for placement of appointed employees on the salary schedule.  The Superintendent shall award credit for years of previous professional experience based upon the collective bargaining unit agreement. 

Legal Reference:          Connecticut General Statutes                                     10-144o through 10-145f re teacher certification.                                     10-151 Employment of teachers.  Definitions.  Notice and hearing on failure to renew or termination of contract.  Appeal.                                     10-153 Discrimination on account of marital status.                                     10-155f Residency requirement prohibited.                                     46a-60 Discriminatory employment practices prohibited.                                     Title VII, Civil Rights Act as amended by Title IX, Equal Employment                                    Opportunity          Policy adopted:            November 11, 2009                                   

Personnel -- Certified Certification

The Superintendent of Schools shall carefully review candidates’ certification status and their qualifications for positions prior to hiring. 

Every instructional employee shall be certified according to the provisions of applicable state law.It is the responsibility of the employee to submit proof of appropriate certification to the school system prior to the commencement of employment with the Andover Public Schools.  The school system will maintain a record of the employee’s credential as required by law. 

It shall be the sole responsibility of the certified employee to see that his/her credentials for certification are completed before the date of expiration and to file the completed certification with the school system. 

In the event of a lapse in certification, employee’s status shall be immediately changed to “Substitute” (per diem) with no benefits, and his/her salary will be reduced to the current rate of pay for substitutes. If employee fails to obtain appropriate certification within 40 days s/he may be subject to termination of employment. If, within a reasonable period of time following a lapse in certification, employee provides evidence of appropriate certification, the employee’s salary and benefits shall be reinstated, retroactive to the effective date of certification. 

Legal Reference:          Connecticut General Statutes                                    10-145d-400 (as amended by PA 04-138, An Act Concerning National Board Certification)                                    Part I               Definitions                                    Part II              General Conditions                                    Part III             Types of Certificates                                    Part IV            Special Authorizations                                    Part V              Reissue and Cross Endorsement of Certificates                                    Part VI            Early Childhood, Elementary or Middle School Certificates                                    Part VII           Middle Grades                                    Part VIII          Secondary Academic                                    Part IX            Special Subjects or Instructional Areas                                    Part X              Applied Curriculum and Technology Subjects                                    Part XI            Vocational Technical                                    Part XII           Special Education:  Blind, Partially Sighted or Hearing Impaired   4112.2(b)   Personnel -- Certified Certification Legal Reference:          (continued)                                     Part XIII          Special Services Certificates                                    Part XIV         Administrative                                    Part XV           Adult Education                                    Part XVI         Discontinued Endorsements and Prior Authorization                                    Part XVII        Appeal Process                                    20 U.S.C. 1119 – No Child Left Behind Act of 2001                                    34 C.F.R. 200.55 – Federal Regulations Regarding Highly Qualified Teachers                                                     

Personnel -- Certified Health Examinations Chest X-Ray or Intradermal Test 

4112.4

All employees upon initial employment shall present evidence of having submitted to examination (chest x-ray, skin test, or other tests designated as acceptable by the school medical advisor) to determine that they are free of active tuberculosis prior to commencing service and every four (4) years thereafter or more often if directed by the Board of Education upon recommendation of the local health officer. 

Physical Examinations 

Each new employee, other than day-to-day substitutes, tutors, and those who fill supplemental pay positions exclusively, shall have a physical examination by the physician of his/her choice prior, if possible, to assuming his/her duties and if not possible at least within thirty days of beginning work in the district.  The Board of Education will pay the co-pay for the required physical examination.  The results of such examination shall be recorded by the examining physician on the form provided by the school and the completed form shall be retained in the employee’s personnel file. As necessary, the Superintendent may require a medical examination, to evaluate the employee’s ability to perform assigned duties of any certified employee whenever the Superintendent has grounds to believe that the performance of the employee is adversely affected by illness of any kind.  Such additional medical examinations will be performed by a physician selected by the Superintendent, and the Board of Education will bear the costs of these examinations.               

Personnel -- Certified/Non-Certified Security Check/Fingerprinting 

4112.5, 4212.5 

In order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. 

District employees shall, within 30 days after they are hired, submit to state and national criminal checks.  District students employed by the school system are exempted from this requirement. 

Workers placed in a school under a public assistance employment program shall also submit to the criminal check if such individuals will have direct contact with students. 

Student teachers placed in District schools as part of completing preparation requirements for the issuance of an educator certificate, effective July 1, 2010, shall also be required to undergo the same criminal background checks already required for school employees. 

Legal Reference:          Connecticut General Statutes                                     10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissed. (as amended by PA 01-173, PA 04-181 and June 19 Special Session, PA 09-1)                                     29-17a Criminal history checks.  Procedure.  Fees.                  

Personnel -- Certified/Non-Certified Reference Checks  

4112.51, 4212.51

The Board of Education believes that it is critical that references on applicants be checked prior to an offer of employment. The administration, therefore, is directed to make a documented good faith effort to contact an applicant’s former employer(s) for recommendations and information about the person’s fitness for employment prior to an offer of employment. References should be checked with prior employers listed on the application, even if those references are not specifically listed on the “references” section of the employment application.

The Superintendent of Schools or his/her designee is directed to develop guidelines pertaining to the checking of applicant references.

Legal Reference: Connecticut General Statutes 1-200 through 1-241 of the Freedom of Information Act 5-193 through 5-269 of the State Personnel Act 10-151-c - Records if teacher performance and evaluation non public records Federal Family Educational Rights and Privacy Act of 1974 (section 438 of the General Education Provisions Act, as amended, added by section 513 of P.L. 93- 568, codified at 20 U.S.C.1232g.) Department of Education 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regulations implementing FERPA enacted as part of 438 of General Education Provisions Act (20 U.S.C. 1232g.) - parent and student privacy and other rights :with respect to educational records, as amended 11/21/96 PA 01-173 An Act Concerning Revisions to the Education Statutes

Personnel -- Certified/Non-Certified Reference Checks

In checking references, the following guidelines shall be followed:

1. All reference questions must be directly related to the applicant’s qualifications and ability to perform the position in question.

2. Questions, which are impermissible in the application/interview context, are equally improper when checking references.

3. As in the interview context, nothing is “off the record.” Contents of reference checks are discoverable in litigation.

4. The use of an appropriate reference check form specifically related to the qualifications for the position in question should be developed and used consistently.

5. Consider the statutory safeguards with respect to obtaining employment and educational references.

Connecticut Personnel Files Act:

· Private employers may only verify dates of employment, position and salary.

· Further disclosure of personnel information is prohibited unless:

(i) the employee provides written consent for such disclosure; or

(ii) one of the specific statutory exemptions applies such as a lawfully issued subpoena or response to a government audit/investigation.

Connecticut Freedom of Information Act:

· Applicable to all public employers.

· Personnel files and similar files are exempt from disclosure only if disclosure would result in an invasion of privacy. The “invasion of privacy” standard is construed strictly, favoring disclosure.

· A public employer is only required to produce existing public records upon request. It does not require a public employer to create records or to provide verbal comments regarding an employee.

· C.G.S. 10-151c exempts records of teacher performance from disclosure unless the teacher has provided written consent for such disclosure.

Family Educational rights and Privacy Act (“FERPA”)

· Applies to all educational institutions receiving federal aid.

· Prohibits disclosure of student records without written consent, unless a specific exemption applies.

(cf. 5125 – Student Records)

Legal References: Connecticut General Statutes

1-200 through 1-241 of the Freedom of Information Act.

5-193 through 5-269 -State Personnel Act

10-151c Records if teacher performance and evaluation not public Records.

10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissal.

Federal Family Educational Rights and Privacy Act of 1974 (section 438 of

the General Education Provisions Act, as amended, added by section 513 of

P.L. 93_568, codified at 20 U.S.C.1232g.).

Dept. of Educ. 34 C.F.R. Part 99 (May 9, 1980 45 FR 30802) regs. implementing FERPA enacted as part of 438 of General Educ. provisions act (20 U.S.C. 1232g)_parent and student privacy and other rights with respect to educational records, as amended 11/21/96.

Personnel Records

4112.6, 4212.6

Personnel records shall be kept on all current employees and shall include information usually expected in good personnel administration.

A file shall be kept for all resigned or retired employees, including such essential information as shall seem appropriate to the administration specified by state and federal laws.

The Superintendent, on behalf of the Board, shall notify an employee and a collective bargaining representative, if any, in writing when a request is made for disclosure of the employee’s personnel, medical, or similar files, if the Superintendent reasonably believes disclosure would invade the employee’s privacy.

The records will be disclosed unless written objection is received from the teacher or employee’s collective bargaining representative, within seven business days from the receipt by employee or collective bargaining representative.

Records of a teacher’s performance and evaluation shall not be released without the written consent of the teacher.

Records maintained or kept on file by the Board, which are records of a teacher’s personal misconduct, shall be deemed to be public records, and subject to disclosure under the Freedom of Information Act. Disclosure of such records of a teacher’s personal misconduct shall not require the consent of the teacher.

All written materials shall be made available for inspection by the employee and a collective bargaining representative, if any, involved at an off-duty time in the presence of an administrator. Upon request, a professional employee will be provided a copy of supervisory records and reports maintained in said employee’s personnel file as a guide to evaluation of performance.

In accordance with federal law, the District shall release information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals to parents/guardians upon request for any teacher or paraprofessional who is employed by a school receiving Title 1 funds and who provides instruction to their child at that school.

Files containing medical information regarding an employee will be kept separate from other personnel files.

Legal Reference: Connecticut General Statutes

1-206 Denial of access to public records or meetings.

1-213 Agency administration. Disclosure of personnel, birth and tax records.

1-214 Objection to disclosure of personnel or medical files

1-215 Record of arrest as public record

10-151a Access of teacher to supervisory records and reports in personnel file.

10_151c Records of teacher performance and evaluation not public records. (as amended by PA 02-138)

PL 107-110, No Child Left Behind Act, Sec. 1119.

The Americans with Disabilities Act

Use and Disclosure of Employee Medical Information (HIPAA)

4112.61, 4212.61

Other than health information contained in employment records held by the District in its role as employer, all information in the District’s possession which is related to employee past, present and future health conditions and that identifies the individual employee or could reasonably be utilized to identify the employee, will be protected under the terms of the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

To the extent the District possesses personally identifiable health information regarding employees, aside from health information contained in employment records held by the District in its role as employer, the Superintendent or his/her designee shall act as the Privacy Officer to oversee the administration of privacy of such records. The Superintendent or his/her designee shall provide all employees with the following information regarding such records:

1. The use and disclosure of personally identifiable health information;

2. Each employee’s rights to privacy with respect to his/her personally identifiable health information;

3. Duties under HIPAA with respect to employee’s personally identifiable health information;

4. Each employee’s rights to file a complaint with the District, Health Benefit Plan, and/or the Secretary of the United States Department of Health and Human Services; and

5. The person or office that an employee can contact for further information about privacy practices.

In addition, the District shall notify the administrator of each of the District’s health benefit plans of the requirement under HIPAA that it take reasonable steps to maintain the privacy of each employee’s personally identifiable health information and to inform each employee about the information set forth above in items 1 through 5. Further, the District shall notify the administrator of the health benefit plan of the requirement under HIPAA that it provide reasonable notice to all employees of whom the benefit plan designates as the Privacy Officer to oversee the administration of privacy of the benefit plan and to receive complaints.

(cf. 4112.6/4212.6 - Personnel Records)

Legal Reference: 42 U.S.C. 1320d-1320d-8, P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

65 Fed. Reg. 50312-50372

65 Fed. Reg. 92462-82829

63 Fed. Reg. 43242-43280

67 Fed. Reg. 53182-53273

Form #1

4112.61, 4212.61

Orientation

4112.7

Orientation shall be considered a year_long process for certified employees new to the school system, with the programs conducted jointly by the central administration.

The program shall assist new teachers in becoming acquainted with, and adjusted to, the community, school district, and school - including policies of the Board, rules and regulations, and the instructional program.

Administrators, and experienced staff members may be assigned specific roles in carrying out orientation programs.

The cooperation and active involvement of all staff members in helping newcomers become adjusted in the district is requested by the Board.

Nepotism: Employment of Relatives

4112.8, 4212.8

It is the intent of this policy to avoid any situation where a conflict of interest can arise either on the part of the members of the Board of Education or a member of the staff.

1. No member of the immediate family (spouse, civil union partner, child, parent, sibling, or household member) of a Board of Education member shall be appointed to a full-time position in the school district.

2. Persons related otherwise by blood, marriage or civil union partner, to a Board of Education member may be employed following full disclosure of the relationship by the Board of Education member in a public meeting. For appointment of the Superintendent, sufficient vote of appointment shall be without counting the vote of the related Board of Education member.

3. A spouse or civil union partner, or child of a Board of Education member may be employed for limited term or short-term employment on a competitive basis among persons who are eligible.

4. Employees whose employment predates the election of a relative to the Board of Education are exempt from the provisions of this policy.

5. Persons related by blood or marriage, or civil union partner to members of the staff shall not be appointed to a position that is in a line relationship involving supervision and evaluation of the position.

6. Members of the same family may be employed at the same department or work location when approved in writing by the Superintendent or the Superintendent's designee (Exception: members of the same family shall not be approved in direct line of supervision.)

7. Nothing in this policy shall be construed as requiring the resignation of an employee should a member of his/her immediate family be elected or appointed to the Board of Education.

(cf. 9270 - Conflict of Interest)

Legal Reference: Connecticut General Statutes

7-479 Conflicts of interest

46b-38nn Equality of benefits, protections and responsibilities (civil unions)

46b-38oo applicability of statutes to civil unions and parties to a civil union.

 Assignment/Transfer/Reassignment

4114, 4214

 The assignment and transfer of all certified/support staff personnel shall be the responsibility of the Superintendent of Schools (Superintendent) or designee.

Requests for transfer within the school system may be made at any time and must be in writing. Transfers are subject to availability of position, vacancies, and qualifications of employee.

Transfers will be made in the best interests of the school system, subject to provisions of applicable employee organization agreements and Andover Board of Education policies.

Not later than the November meeting of the Board of Education the Superintendent shall present the staff listing of regular assignments. Changes of regular assignments shall be reprinted periodically.

Evaluation

4115

It is universally accepted that good teaching is the most important element in a sound educational program. Student learning is directly affected by teacher competence; therefore, teacher evaluation shall be accomplished using a teacher evaluation plan which demonstrates a clear link between teacher evaluation, professional development and improved student learning.

Appraisal of teaching performance should serve three purposes:

1. To raise the quality of instruction and educational services to the children of our community resulting in improved student learning.

2. To raise the standards of the teaching profession as a whole.

3. To aid the individual teacher to grow professionally, linking district-wide teacher evaluation and professional development plans.

Evaluation of teacher performance must be a cooperative, continuing process designed to improve student learning and the quality of instruction. The Superintendent shall evaluate or cause to be evaluated all certified employees. The teacher shares with those who work with the teacher the responsibility for developing effective evaluation procedures and instruments and for the development and maintenance of professional standards and attitudes regarding the evaluation process.

The Board of Education directs the Superintendent and the teachers' and administrators’ representatives to develop, in harmony with the latest Guidelines for Teacher Evaluation and Professional Development issued by the Connecticut Department of Education and such other guidelines as may be mutually agreed upon, a system‑wide program for evaluating the instructional process and all certified personnel as one means to improve student learning and insure the quality of instruction.

The Superintendent and all employees whose administrative and supervisory duties equal at least 50% of their time shall include a minimum of fifteen hours of training in the evaluation of teachers pursuant to Section 10-151b, as part of the required professional development activity during each five year period for reissuance of their professional educator certificate.

Legal Reference: Connecticut General Statutes

10-145b Teaching certificates

10-151a Access of teacher to supervisory records and reports in personnel file

10‑151b Evaluation by superintendent of certain educational personnel. (amended by PA 04-137, An Act Concerning Teachers’ Evaluations)

10-151c Records of teacher performance and evaluation not public records

10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.

20 U.S.C. Section 1119 No Child Left Behind Act

34 C.F.R. 200.55 Federal Regulations

Circular Letter C-6, Series 2004-2005, Determining “Highly Qualified” Teachers

Circular Letter C-9, Series 2004-2005, “No Child Left Behind” and Districts’ High Objective Uniform State Standard of Evaluation (HOUSSE) Plans.

Probationary/Tenure Status

4116