Staff are recruited and selected to assure that students grow and meet their full potential in district programs. Staff are highly effective, and have the necessary skills and experience to meet the learning needs of all students. The district works with teacher preparation programs, communicating the teaching skills, competencies, and experiences it considers of primary importance in its staff, and providing field experiences designed to train teachers to be able to improve student learning. Decisions about hiring, assigning, or transferring staff are based on maximizing the effectiveness of that staff member within the district’s programs.
Creating Conditions for Student and Staff Success
Staff positions are established by the board to provide the district’s comprehensive program of education. New positions are established by the board as needed. The superintendent establishes the necessary skills, competencies, qualifications, education, experience, and past performance levels for each position, as it relates to the district’s comprehensive program of education, and the goal of continued improvement in student learning. Selection of staff is based on which candidate is the most qualified for the position, and is made pursuant to the district’s standard screening, interview, and reference check process, and equity requirements.
High Expectations for Student Learning
Positions are created within budget parameters, and legal requirements. Part of the district’s strategic and short-term planning processes analyzes current and projected staffing requirements. The filling of individual positions is done with consideration to salary issues, budget parameters, and legal requirements. The superintendent regularly evaluates the effectiveness of the district’s staff recruitment and selection processes, and reports the findings and recommendations from the evaluation to the board.
The board and district regularly communicate to staff, professional associations, employee bargaining units, teacher and professional preparation programs in higher education, students, parents, and the larger community the district’s commitment to hiring those people best prepared and able to improve student achievement.
RCW 28A.400.300 Hiring and discharging employees —Written leave policies — Seniority and leave benefits of employees transferring between school districts and other educational employers RCW 28A.405.210 Conditions and contracts of employment — Determination of probable cause for nonrenewal of contracts — Nonrewal due to enrollment decline or revenue loss — Notice — Opportunity for hearing
RCW 43.43.830 Background checks — Access to children or vulnerable persons — Definitions
RCW 43.43.832 Background checks —Disclosure of information – Sharing of criminal background information by health care facilities
RCW 49.44.200 Personal social networking accounts – Restrictions on employer access – Definitions
RCW 49.44.205 Violations of RCW 49.44.200 – Civil action – Remedies
Chapter 162-12 WAC Preemployment Inquiry Guide (Human Rights Commission)
P.L. 99-603 (IRCA)Immigration Reform and Control Act of 1986 Title 8 USC, Ch. 12 1324a and 1324b
WAC 392-190-0591 Public school employment and contract practices – Nondiscrimination
2014 – December Issue
2012 – February Issue
Adoption Date: 2/26/15
Raymond School District #116
5000P—PROCEDURE RECRUITMENT AND SELECTION OF STAFF
Current and projected staff needs provide the basis for staff recruitment and selection. Once needs are identified, the recruitment and selection process should result in employing a staff member who is the most qualified to fulfill the need based upon the candidate’s skill, training, experience and past performance.
A. Collect enrollment projections from each school building (use birth data to estimate “K” enrollment).
B. Compare building projections with long-range district projections using the cohort survival ratio.
C. Establish staffing needs using the lowest projections. D. Identify returning staff members, including returns from leave of absence and excluding retirees.
E. Identify openings, recognizing the new requirements, goals and priorities of the district and including possible co-curricular assignment needs.
F. Review voluntary transfer requests in relation to the provisions of the collective bargaining agreement.
G. Identify possible involuntary transfers in relation to provisions of the collective bargaining agreement.
A. Review affirmative action plan and goals.
B. Develop job description for each necessary position, including salary range.
C. Develop job announcement using information from job description; experience, preparation, salary range and other related information. D. List vacancies with intention to reach potential applicants from protected employment groups in order to achieve affirmative action goals.
A. Identify screening and interviewing team with alternates prior to announcing the vacancy.
B. Review criteria for screening.
C. Compile a screening summary report for each candidate to be considered, including specific reasons for eliminating candidates. D. Select candidates to be interviewed. (Note: Findings should be stated on the screening summary report for each candidate that was considered.)
E. Notify rejected applicants.
1. Prepare for interview by:
2. Reviewing all duties and responsibilities of the position; 3. Reviewing the minimum qualifications needed to perform the duties of the position;
4. Developing a series of questions to be used in interviewing candidates, including guidelines for what to look for in response to questions; and
• Reviewing the candidate’s application folder:
• Meeting with team to review interview questions and evaluation procedure.
5. Ask each candidate to respond to a predetermined set of questions. 6. Record the responses of each candidate.
7. Give the candidate an opportunity to ask any question(s).
8. Inform the candidate regarding the time line for hiring. 9. Rate the candidate on a scale for each response to each question 10. Ask one clear and concise question at a time.
11. Avoid cross-examination or pressure techniques.
12. Insure fairness by asking the same questions developed from the established criteria for the position.
Abide by the Human Rights Commission’s published list of fair and unfair questions. For example:
For Personal Information, ASK questions such as:
1. What are your specific goals in a job?
2. What is your overall career objective?
3. What specific job characteristics are important to you? Why? 4. What job characteristics would you like to avoid? Why? 5. Do you have any commitments which would prevent you from working the scheduled hours for this position?
6. Do you have any specific health conditions which would prevent you from performing all the duties of this job?
7. Describe the best supervisor you have had.
8. Describe the worst supervisor you have had.
DO NOT ASK questions such as:
1. Is it Miss, Mrs. or Ms? Are you married? Do you have children? 2. What does your husband/wife do? Where do you live? 3. What is the origin of your name?
4. Do you mind working for a female or a minority supervisor? 5. Do you have a disability?
For Education Information, ASK questions such as:
1. Which subjects did you excel in at school?
2. How did you happen to select _______ as your major? 3. Did you work at a part-time job while at school?
4. Are you interested in continuing your education? Why? When? Where?
5. Do you feel your education prepared you for the job you are seeking with us? In what ways?
6. Were you involved in any extracurricular activities?
DO NOT ASK questions such as:
1. Did you go to school on a scholarship?
2. Where did you live while attending college?
3. What organizations did you belong to in school?
For Military Information, ASK questions such as:
a. What other kinds of training or schooling have you received? b. In what ways do you feel your training will help you in performing this job?
c. What did you find challenging about your assignment? DO NOT ASK questions such as:
a. Were you drafted?
b. Where were you stationed?
c. What type of discharge did you receive from the United States military service?
For Employment and Experience Information, ASK questions such as:
a. Tell me about your last job and your major responsibilities. b. What were some of the more challenging aspects of your job? c. Describe the training you received on your last job.
d. In what ways do you feel your previous employment will help you in performing this job?
e. If we were to contact your previous employer, what would he/she describe as your strengths? What areas might he/she suggest for improvement?
f. Which of your past jobs did you enjoy the most? Least? Why?
g. What were your reasons for leaving your last job?
h. May we contact your present employer?
DO NOT ASK questions such as:
1. Why have you had so many jobs?
2. Why are you coming back to work after so many years? 3. How do feel about working with younger/older people?
DO NOT request, require or otherwise compel or coerce an applicant to: 1) disclose login information for their personal social networking account; or 2) access their personal social networking account in the presence of any district employee; or 3) add a district employee to their personal social networking account’s contact list; or 4) alter the settings on their personal social networking account to affect any third party’s ability to view it.
The district may not refuse to hire an applicant based on the his/her failure to comply with any of the above-listed requests or requirements regarding their personal social networking account.
1. Contact candidate’s previous supervisor(s). Ask prepared list of job related questions.
2. Visit and/or observe candidate on site (when possible). 3. Contact any personal acquaintances who would know about the qualifications of the candidate.
4. Rate the candidate on a scale for the response to each question. Recommending
Review available information:
1. Credentials – training, experience and recommendations, 2. Letters of application, responses to topics on supplementary application,
3. Responses to interview questions,
4. Contact with previous supervisors and personal acquaintances. 5. Select candidate to be recommended to superintendent. 6. Prepare supporting statements on behalf of the candidate to be recommended.
7. Place screening evaluation, interview evaluation, and telephone reference check reports in a file for possible future reference.
1. Review the written recommendation and supporting information from the interviewer(s).
2. Inform candidate that he/she will:
• Be recommended for the position, provided that the records of the Washington State Patrol criminal investigation system reveal that the prospective staff member is free of any
convictions of offenses against children and other persons. (RCW 43.43.832);
• Receive a general statement about the type of contract that will be issued (letter of intent);
• Be expected to verify in writing his/her willingness to accept a contract if offered;
• Be expected to present documents which establish his/her identity, and attest, in writing, his/her eligibility to work in this country; and
• (Classified staff) may be subjected to a background check with the Washington State Patrol in accordance with RCW 43.43.830.
3. Present recommendation to board in executive session (supervisor may be requested to attend).
4. Employ candidate at official board meeting noting the type of contract to be issued.
5. Advise unsuccessful candidates.
1. Secure official statements regarding the work experience from previous employers.
2. Evaluate transcript in terms of salary schedule placement criteria. 3. Issue appropriate contract — Replacement, Provisional, Temporary (less than one year), Supplemental.
4. Issue appropriate business forms and payroll information, and register teaching certificate.
5001- Hiring of Retired School Employees
The district will recruit, select and employ the best-qualified individuals as employees. The district may employ persons retired from the Teachers’ Retirement System (TRS), the School Employees’ Retirement System (SERS) or the Public Employees’ Retirement System (PERS). A retired employee will only be rehired pursuant to this district policy.
Until August 1, 2020, the district may employ teachers in TRS Plan 2 or 3 who have retired under the alternate early retirement provisions of RCW 41.32.765(3)(b) or RCW 41.32.875(3)(b). Such employment is subject to the following conditions: 1) One calendar month must have elapsed since the retiree’s accrual date; 2) the retiree must be employed exclusively as either a substitute teacher as defined in RCW 41.32.010(48)(a) or in an instructional capacity (as opposed to an administrative or supervisory capacity); and 3) the district must compensate its substitute teachers at a rate that is at least 85% of the full daily amount allocated by the state to the district for substitute teacher compensation.
All retirees of TRS, SERS or PERS may work an annual threshold of eight hundred sixty-seven (867) hours per year while receiving retirement benefits. The annual threshold for TRS Plan 1 retirees is calculated per fiscal year. All other plans are calculated per calendar year. Qualified hours are determined by whether the retiree works in an eligible position as defined by RCW 41.32.010(48)(a) or by the Department of Retirement Systems (DRS).
The district will abide by the following process when considering a retiree for employment:
A. The board of directors will approve a process for recruitment and selection of employees, including those vacancies for which a retiree applicant may be considered;
B. Applicant(s) will be evaluated and considered equally, selecting the candidate who best meets the needs of the district;
C. There will be no prearranged employment agreement or commitment to rehire an employee after retirement. Mere inquiries about post retirement employment do not constitute an agreement; D. Employment will be limited to a maximum of a one-year, non continuing contract or appointment;
E. Subject to any applicable bargaining agreements, vacancies filled by retirees will be annually reviewed by the board to determine whether the retiree will be rehired for another year of employment;
F. The district will provide the retiree with the same terms and conditions of employment as other appointees or employees in comparable positions with the exception of sick-leave cash-out; and
G. The district will report the number of hours worked by the retiree to DRS.
Retired Employee Responsibilities
The following conditions of employment will apply to retirees that are re-employed:
A. Retired applicants will disclose to the district whether they are retired from a Washington state retirement plan.
B. Employees must satisfy the DRS requirement for separation and retirement from service prior to accepting a retire/rehire position with the district.
C. Retirees are subject to the same collective bargaining membership as other one-year temporary employees.
D. Retirees are responsible for tracking service hours during post retirement employment among multiple employers.
Chapter 41.32 RCW Teachers’ retirement
Chapter 41.40 RCW Washington public employees’ retirement system
2016 – July Issue
2011 – August Issue
Policy News, June 2007 Revisions to Retire/Rehire Law
Adoption Date: 10/27/2016
Raymond School District #116
5005-EMPLOYMENT AND VOLUNTEERS: DISCLOSURES, CERTIFICATION REQUIREMENTS, ASSURANCES AND APPROVAL
Federal Immigration Law Compliance for Staff
The board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned to the superintendent/designee. Prior to final action by the board, a prospective staff member will present necessary documents which establish eligibility to work as required by federal immigration law. The superintendent/designee will certify that he/she has: “examined the documents which were presented to me by the new hire, that the documents appear to be genuine, that they appear to relate to the individual named, and that the individual is a U.S. citizen, a legal permanent resident, or a non-immigrant alien with authorization to work.” This certification will be made on the I-9 form issued by the Federal Immigration and Naturalization Service.
Child Support Reporting for Staff
The district will report all new hires to the state Department of Social and Health Services Division of Child Support as required by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.
Sexual Misconduct Release Form for Staff
Pursuant to state law, the district will require that every prospective staff member sign a release form allowing the district to contact school employers regarding prior acts of sexual misconduct. The applicant will authorize current and past school district employers including employers outside of Washington to disclose to the district sexual misconduct, if any, and make available to the district all documents in the employer’s personnel, investigative or other files related to the sexual misconduct. The applicant is not prohibited from employment in Washington State if the laws or policies of another state prohibit disclosure of this information or if the out-of-state district denies the request.
Disclosures for Staff and Volunteers
Prior to employment of any unsupervised staff member or volunteer, the district will require the applicant to disclose whether he/she has been:
• Convicted of any crime against persons;
• Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;
• Found by a court in a domestic relations proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;
• Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor: or
• Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.
For purposes of this policy, unsupervised means not in the presence of another employee or volunteer and working with children under sixteen years of age or developmentally disabled persons. The disclosure will be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet will specify all crimes committed against persons.
Background Check for Staff and Volunteers
Staff and Volunteers with Regularly Scheduled Unsupervised Access to Children:
Prospective staff members and volunteers, who will have regularly scheduled unsupervised access to children, will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check will include a fingerprint check using a complete Washington state criminal identification fingerprint card.
All Other Staff and Volunteers:
Staff and volunteers without unsupervised access to children will undergo a name and birth date background check with the Washington State Patrol.
If a volunteer has undergone a criminal record check in the last two years for another entity, the district will request a copy from the volunteer, or have the volunteer sign a release permitting the entity for whom the check was conducted to provide a copy to the district.
New hires shall be employed on a conditional basis pending the outcome of the background check and may begin conditional employment once
completed fingerprint cards have been sent to the Washington State Patrol. If the background check reveals evidence of convictions, the candidate may not be recommended for employment, or if conditionally employed, may be terminated. When such a background check is received, the superintendent/designee is directed to consult with legal counsel.
Record Check Database Access Designee
The superintendent/designee is directed to establish procedures for determining which staff members are authorized to access the Superintendent of Public Instruction’s (SPI) record check database. Fingerprint record information is highly confidential and will not be re disseminated to any organization or individual by district staff. Records of arrest and prosecution (RAP sheets) will be stored in a secure location separate from personnel and applicant files and access to this information is limited to those authorized to access the SPI record check database.
The district will require that certificated staff hold a Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), or such other documentation as may be required by the professional educator standards board with respect to alternative route programs, for the role and responsibilities for which they are employed. Failure to meet this requirement will be just and sufficient cause for termination of employment. State law requires that the initial application for certification will require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation. No salary warrants may be issued to the staff member until the district has registered a valid certificate for the role to which he/she has been assigned.
All certificated staff members are required to maintain their certification in accordance with state and federal requirements.
Classified staff who are engaged to serve less than twelve (12) months, will be advised of their employment status for the ensuing school year prior to the close of the school year. If the district chooses to reemploy
the staff member the following year, the superintendent/designee will give “reasonable assurance” by written notice that the staff member will be employed during the next school year.
All staff members selected for employment will be recommended by the superintendent. Staff members must receive an affirmative vote from a majority of all members of the board. In the event an authorized position must be filled before the board can take action, the superintendent has the authority to fill the position with a temporary employee who will receive the same salary and benefits as a permanent staff member. The board will act on the superintendent’s recommendation to fill the vacancy at its next regular meeting.
6530 – Insurance
5610 – Substitute Employment
5520 – Staff Development
5281 – Disciplinary Action and Discharge
5252 – Staff Participation in Political Activities
5006 – Certification Revocation
1610 – Conflicts of Interest 1st Class Districts
RCW 9.96A.020 Employment, occupational licensing by public entity — Prior felony conviction no disqualification — Exceptions Criminal history record information — School volunteers RCW 28A.400.300 Hiring and discharging of employees — Written leave policies — Seniority and leave benefits of employees transferring between school districts and other educational employers RCW 28A.400.301 Information on past sexual misconduct – Requirement for applicants – Limitation on contracts and agreements – Employee right to review personnel file
RCW 28A.400.303 Record checks for employees
RCW 28A.405.060 Course of study and regulations — Enforcement — Withholding salary warrant for failure
RCW 28A.405.210 Conditions and contracts of employment — Determination of probable cause for nonrenewal of contracts — Nonrenewal due to enrollment decline or revenue loss — Notice — Opportunity for hearing
RCW 28A.410.010 Certification — Duty of professional educator standards board — Rules — Record check — Lapsed certificates — Superintendent of public instruction as administrator
RCW 28A.660.020 Proposals – Funding 28A.660.035. Partnership grant programs–Priority assistance in advancing cultural competency skills
ESHB 1115 Paraeducators
RCW 43.43.830 Background checks — Access to children or vulnerable persons — Definitions
RCW 50.44.050 Benefits payable, terms and conditions — “Academic year” defined
RCW 50.44.053 “Reasonable assurance” defined — Presumption, employees of educational institutions
P.L. 99-603 Immigration Reform and Control Act of 1986 (IRCA) P.L. 104-193 Personal Responsibility and Work Opportunity Reconciliation Act of 1996
WAC 162-12 Preemployment Inquiry Guide (Human Rights Commission)
WAC 180-16-220 Supplemental basic education program approval requirements
WAC 181-79A Standards for teacher, administrator and educational staff associate certification
WAC 181-82-105 Assignment of classroom teachers within districts WAC 181-82-110 School district response and support for nonmatched endorsements to course assignment of teachers
WAC 181-85 Professional certification — Continuing education requirement
WAC 392-300-050 Access to record check data base
WAC 392-300-055 Prohibition of redissemination of fingerprint record information by educational service districts, the State School for the Deaf, the State School for the Blind, school districts, and Bureau of Indian Affairs funded schools
WAC 392-300-060 Protection of fingerprint record information by educational service district, the State School for the Deaf, the State School for the Blind, school districts, and Bureau of Indian Affairs funded schools
WAC 446-20-280 Employment — Conviction records
2017- July Issue
2010 – October Issue
Policy News, October 2005 Public Disclosure
Policy News, October 2005 Sex Offender Reporting Requirements Policy News, April 2004 School Employee Sexual Misconduct Policy News, October 2001 Updates from the State Board of Education
Policy News, June 1999 School Safety Bills Impact Policy Policy News, February 1999 Local Boards Decide Endorsement Waivers Policy News, August 1998 District Must Report New Hires
Adoption Date: 10/26/17
Raymond School District #116
The board of directors recognizes its responsibility to protect students from physical and/or emotional harm. Staff members are expected to exhibit “good moral character and personal fitness” as they teach or supervise students. Staff members shall not engage in unprofessional conduct including:
A. The related acts of immorality and/or intemperance; B. Violation of written contract;
C. Crime against the state or involving the physical neglect of children; D. The physical injury of children;
E. Sexual misconduct with children or students;
F. Misrepresentation or falsification in the course of professional practice;
G. Possession, use or consumption or being under the influence of alcohol or of a controlled substance on school premises or at a school sponsored activity involving students;
H. Disregard or abandonment of generally recognized professional standards;
I. Abandonment of contract for professional services;
J. Unauthorized professional practice;
K. Illegal furnishing of alcohol or a controlled substance to a student, including marihuana
L. Improper remunerative conduct.
Unprofessional conduct shall not include matters such as insubordination, violation of the collective bargaining agreement or other employment-related acts correctable by the district or other civil remedies.
When the superintendent possesses sufficient reliable information to believe that a certificated employee is not of good moral character or personally fit or has committed an act of unprofessional conduct, within a reasonable period of time of making such determination, he/she shall file a written complaint with the superintendent of public instruction.
If the district is considering action to discharge a staff member, the superintendent need not file such complaint until ten calendar days after making the final decision to serve or not serve formal notice of discharge. Such written complaint shall state the grounds for revocation and summarize the factual basis upon which a determination has been made that an investigation by the superintendent of public instruction is warranted. The Superintendent of Public Instruction shall provide the affected certificate holder with a copy of such written complaint.
Intentional failure to file a complaint is an act of unprofessional conduct and may be sufficient cause for revocation of the superintendent’s professional education certificate. A staff member may voluntarily surrender his or her certificate.
The superintendent shall maintain a confidential file containing allegations and the findings related to his/her investigation.
RCW 28A.400.320 Mandatory termination of classified employees RCW 28A.405.470 Mandatory termination of certified employees RCW 28A.410.090 Revocation of Authority teach-Method–Grounds RCW 28A.410.100 Revocation of authority to teach-Hearings and appeals
RCW 28A.410.110 Reinstatement prohibited for crimes WAC 181-79A Certification for School Personnel
WAC 180-86 Professional Certification Proceedings
WAC 181-87 Acts of Unprofessional Conduct
WAC 181-79A-155 Good Moral Character and Personal Fitness– Necessary supporting evidence by applicants
Policy & Legal News, February 2013 Policy Revisions
Adoption Date: 4/1/98
Raymond School District #116
Technical Fix: 03/06/13
5010-Nondiscrimination and Affirmative Action
The district will provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, promotion and training. Such equal employment opportunity will be provided without discrimination with respect to race, creed, religion, color, national origin, age, honorably-discharged veteran or military status, sex, sexual orientation including gender expression or identity, marital status, the presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a person with a disability.
The board will designate a staff member to serve as the compliance officer.
The district, as a recipient of public funds, is committed to undertake affirmative action which will make effective equal employment opportunities for staff and applicants for employment. Such affirmative action will include a review of programs, the setting of goals and the implementation of corrective employment procedures to increase the ratio of aged, persons with disabilities, ethnic minorities, women, and
Vietnam veterans who are under-represented in the job classifications in relationship to the availability of such persons having requisite qualifications. Affirmative action plans may not include hiring or employment preferences based on gender or race, including color, ethnicity or national origin. Such affirmative action will also include recruitment, selection, training, education and other programs.
The superintendent will develop an affirmative action plan which specifies the personnel procedures to be followed by the staff of the district and will ensure that no such procedures discriminate against any individual. Reasonable steps will be taken to promote employment opportunities of those classes that are recognized as protected groups — aged, persons with disabilities, ethnic minorities and women and Vietnam veterans, although under state law, racial minorities, and women may not be treated preferentially in public employment.
This policy, as well as the affirmative action plan, regulations and procedures developed according to it, will be disseminated widely to staff in all classifications and to all interested patrons and organizations. Progress toward the goals established under this policy will be reported annually to the board.
Employment of Persons with Disabilities
In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions will prevail:
1. No qualified person with disabilities will, solely by reason of a disability, be subjected to discrimination and the district will not limit, segregate or classify any applicants for employment or any staff member in any way that adversely affects his/her
opportunities or status because of a disability. This prohibition
applies to all aspects of employment from recruitment to promotions, and includes fringe benefits and other elements of compensation.
2. The district will make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or staff member unless it is clear that an accommodation would impose an undue hardship on the operation of the district program. Such reasonable accommodations may include:
3. Making facilities used by staff readily accessible and usable by persons with disabilities; and
4. Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters and other similar actions.
In determining whether or not accommodation would impose an undue hardship on the district, factors to be considered include the nature and cost of the accommodation.
1. The District will not use any employment tests or criteria that screen out persons with disabilities unless the test or criteria is clearly and specifically job-related. Also, the District will not use such tests or criteria if alternative tests or criteria (that do not screen out persons with disabilities) are available.
2. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant’s ability to perform job-related functions.
3. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints.
Nondiscrimination for Military Service
The district will not discriminate against any person who is a member of, applies to be a member or performs, has performed, applies to perform or has an obligation to perform service in a uniformed service, on the basis of that participation in a uniformed service. This includes initial employment, retention in employment, promotion or any benefit of employment. The district will also not discriminate against any person who has participated in the enforcement of these rights under state or federal law.
2030 – Service Animals in Schools
5270 – Resolution of Staff Complaints
5407 – Military Leave
RCW 28A.400.310 Law against discrimination applicable to districts’ employment practices
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies
Chapter 28A.642 RCW Discrimination prohibition
Laws of 2018, ch. 116 Wages and Advancement Opportunities—Gender Chapter 49.60 RCW Discrimination — Human rights commission RCW 49.60.030 Freedom from discrimination — Declaration of civil rights RCW 49.60.180 Unfair practices of employers
RCW 49.60.400 Discrimination, preferential treatment prohibited Chapter 73.16 RCW Employment and Reemployment
Chapter 392-190 WAC Equal Educational Opportunity – Unlawful Discrimination Prohibited
WAC 392-190-0592 Public school employment — Affirmative action program
42 USC §§ 2000e1 – 2000e10 Title VII of the Civil Rights Act of 1964 20 USC §§ 1681 – 1688 Title IX Educational Amendments of 1972
42 USC §§ 12101 – 12213 Americans with Disabilities Act 8 USC § 1324 Immigration Reform and Control Act of 1986 38 USC §§ 4301-4333 Uniformed Services Employment and Reemployment Rights Act
29 USC § 794 Vocational Rehabilitation Act of 1973
34 CFR § 104 Nondiscrimination on the basis of handicap in Programs or activities receiving federal financial assistance
38 USC § 4212 Vietnam Era Veterans Readjustment Act of 1974
2018 – May Issue
2017 – April Issue
2014 – December Issue
2013 – June Issue
2011 – June Issue
2011 – February Issue
Policy News, August 2007 Washington’s Law Against Discrimination Policy News, June 2001 State Updates Military Leave Rights
Adoption Date: 6/15/17
Technical Fix: 5/29/18
Raymond School District #116
5010P—NONDISCRIMINATION AND AFFIRMATIVE ACTION PLAN
The primary purpose of this procedure is to make every reasonable effort to obtain an equitable solution to a justifiable complaint. To ensure fairness and consistency, the following review procedures are to be used in the District’s relationship with its staff with regard to employment problems covered by state and federal equal employment opportunity laws and/or affirmative action program. No staff member’s status with the District will be adversely affected in any way because the staff member utilized these procedures. The District is prohibited by law from intimidating, threatening, coercing or discriminating against any individual for the purpose of interfering with their right to file a complaint under this Regulation and procedure and from retaliating against an individual for filing such a complaint.
As used in this procedure,
1. “Complaint” will mean a charge alleging specific acts, conditions or circumstances which are in violation of the anti-discrimination laws.
2. “Respondent” will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint. Informal Process for Resolution
Prior to making a formal complaint as outlined in Level One below, when a staff member has an employment problem concerning equal employment opportunity, he/she will discuss the problem with the immediate supervisor, or the Affirmative Action/Title IX Compliance Officer within 30 calendar days of the circumstances which gave rise to the problem. The staff member may also ask the compliance officer to participate in the informal review procedure, if not otherwise involved. It is intended that the informal discussion will resolve the issue. If the staff member feels he/she cannot approach the supervisor because of the supervisor’s involvement in the alleged discrimination, the staff member may directly contact the compliance officer before pursuing formal procedures.
The Affirmative Action/Title IX Compliance Officer or designee will attempt to informally resolve the complaint and shall notify the complainant within thirty (30) calendar days of a proposed resolution. If the discussion with the officer or immediate supervisor does not resolve the issue, the staff member may proceed to the formal review procedures. During the course of the informal process, the District will notify complainant of their right to file a formal complaint.
Formal Process for Resolution
Level One – Complaint to District
If the employee chooses not to follow the informal resolution process outlined above or is not satisfied with the proposed resolution, the employee may make a formal complaint. Such complaint must be filed with the Affirmative Action/Title IX Compliance Officer as soon as possible, but no later than thirty (30) calendar days following the alleged discrimination.
1. The formal complaint must set forth the specific acts, conditions, or circumstances alleged to be in violation of the District Regulations or obligations with regard to prohibition of discrimination.
2. The compliance officer or designee shall conduct a prompt and thorough investigation into the allegations.
3. The School District and complainant may agree to resolve the complaint in lieu of an investigation.
4. The compliance officer shall provide the superintendent with a full written report of the complaint and the result(s) of the investigation. The superintendent shall respond in writing to the complainant as expeditiously as possible, but in no event later than thirty (30) calendar days following receipt of the written complaint unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. If an extension is needed, the District must notify the complainant in writing of the reasons for the extension and the anticipated response date
5. The decision of the superintendent or designee will include 1. a summary of the results of the investigation
2. whether the District has failed to comply with anti discrimination laws;
3. if non-compliance is found, corrective measures the District deems necessary to correct it; and
4. Notice of the complainant’s right to appeal to the school Board and the necessary filing information. The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964.
6. Corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than thirty (30) calendar days following the superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the complaint.
Level Two – Appeal to Board of Directors
If a complainant disagrees with the superintendent’s or designee’s written decision the complainant may file a written notice of appeal with the District’s Board of Directors by the tenth (10th) calendar day following:
The date upon which the complainant received the superintendent’s response.
The Board shall schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause. Both parties shall be allowed to present such witnesses and testimony as the Board deems relevant and material. Unless otherwise agreed to by the complainant, the Board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision. The decision of the Board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The District will send a copy of the appeal decision to the office of the superintendent of public instruction.
In the event a complainant remains aggrieved with the decision of the Board, the complainant may appeal the decision to any federal or state agency empowered with the authority to resolve such complaint.
Preservation of Records
The files containing copies of all correspondence relative to each complaint communicated to the District and the disposition, including any corrective measures instituted by the District, will be retained in the office of the compliance officer for a period of six years.
Director of Human Resources
Raymond School District
Superintendent of Public Instruction Equity and Civil Rights Office
P.O. Box 47200
Olympia, WA 98504-7200
Washington State Human Rights Commission
711 South Capitol Way, Suite 402
P.O. Box 42490
Olympia, WA 98504-2490
Office of Civil Rights
U.S. Department of Education
915 Second Avenue, Room 3310
Seattle, WA 98174
5011-SEXUAL HARASSMENT OF DISTRICT STAFF PROHIBITED
This district is committed to a positive and productive working environment free from discrimination, including sexual harassment. This commitment extends to all employees and other persons involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation, or at a class training held elsewhere.
For purposes of this policy, sexual harassment means unwelcome conduct or communication of a sexual nature. Sexual harassment can occur student to adult, adult to adult or can be carried out by a group of students or adults and will be investigated by the District even if the alleged harasser is not a part of the school staff or student body. The district prohibits sexual harassment of district employees by other students, employees or third parties involved in school district activities.
Under federal and state law, the term “sexual harassment” includes:
• acts of sexual violence;
• unwelcome sexual or gender-directed conduct or communications that interferes with an individual’s employment performance or creates an intimidation, hostile, or offensive environment; • unwelcome sexual advances;
• unwelcome requests for sexual favors;
• sexual demands when submission is a stated or implied obtaining work opportunity or other benefit;
• sexual demands where submission or rejection is a factor in a work or other school-related decision affecting an individual.
A “hostile environment” for an employee is created where the unwanted conduct is sufficiently severe or pervasive to create a work environment that a reasonable person would consider intimidation, hostile, or abusive.
Investigation and Response
If the district knows, or reasonably should know, that sexual harassment has created a hostile environment, the district will promptly investigate to determine what occurred and will take appropriate steps to resolve the situation. If an investigation reveals that sexual harassment has created a hostile environment, the district will take prompt and effective steps reasonably calculated to end sexual harassment, eliminate the hostile environment, prevent its occurrence and, as appropriate, remedy its effects. the district will take prompt, equitable and remedial action within its authority every time a report, complaint and grievance alleging sexual harassment comes to the attention of the district, either formally or informally.
Allegations of criminal misconduct will be reported to law enforcement and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation to the extent that such investigation does not interfere with an on-going criminal investigation. A criminal investigation does not relieve the district of its independent obligation to investigate and resolve sexual harassment.
Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending staff or third parties involved in school district activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.
Retaliation and False Allegations
Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The district will take appropriate actions to protect involved persons from retaliation.
It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline
The superintendent will develop and implement formal and informal procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt time lines and delineate staff responsibilities under this policy.
Any school employee who witnesses sexual harassment or receives report, informal complaint, or written complaint about sexual harassment is responsible for informing the district’s Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process.
Reports of discrimination and discriminatory harassment will be referred to the district’s Title IX/Civil Rights Compliance Coordinator. Reports of disability discrimination or harassment will be referred to the district’s Section 504 Coordinator.
Notice and Training
The superintendent will develop procedures to provide information and education to district staff, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum, sexual harassment recognition and prevention and the elements of this policy will be included in staff and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be posted in each district building in a place available to staff, parents, volunteers and visitors. Information about the policy and procedure will be clearly stated and conspicuously posted throughout each school building, provided to each employee and reproduce in each staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.
The superintendent will make an annual report to the board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in the report. The superintendent is encouraged to involve staff, volunteers and parents in the review process.
3205 – Sexual Harassment of Students Prohibited
3207 – Prohibition of Harassment, Intimidation and Bullying 3210 – Nondiscrimination
3240 – Student Conduct Expectations and Reasonable Sanctions
3421 – Child Abuse, Neglect, and Exploitation Prevention 5010 – Nondiscrimination and Affirmative Action
RCW 28A.640.020 Regulations, guidelines to eliminate discrimination — Scope — Sexual harassment policies
WAC 392-190-058 Sexual harassment
20 U.S.C. 1681-1688
2015 – July Policy Alert
2014 – December Issue
2010 – October Issue
Adoption Date: 10/22/15
Raymond School District #116
5011P-Procedure – Sexual Harassment of District Staff Prohibited
The procedure is intended to set forth the requirements of Policy 5011, including the process for a prompt, thorough, and equitable investigation of allegations of sexual harassment and the need to take appropriate steps to resolve such situations. If sexual harassment is found to have created a hostile environment, staff must take immediate action to eliminate the harassment, prevent its reoccurrence, and address its effects.
This procedure applies to sexual harassment (including sexual violence) targeted at district employees carried out by other students, employees or third parties involved in school district activities. The district has jurisdiction over these complaints pursuant to Title IX of the Education Amendments of 1972, Chapter 28A.640, RCW and Chapter 392-190 WAC.
Information about the district’s sexual harassment policy will be easily understandable and conspicuously posted throughout each school building, provided to each employee and reproduced in each staff, volunteer and parent handbook. In addition to the posting and reproduction of this procedure and Policy 5011, the district will provide annual notice to employees that complaints pursuant to this procedure may be filed at 1016 Commercial Street, Raymond, WA, 98577.
In the event of an alleged sexual assault, the school principal will immediately inform: 1) the Title IX/Civil Rights Compliance Coordinator so that the district can appropriately respond to the incident consistent with its own grievance procedures; and 2) law enforcement. The principal will notify the targeted district staff person of their right to file a criminal complaint and a sexual harassment complaint simultaneously.
If a complainant requests that his or her name not be revealed to the alleged perpetrator or asks that the district not investigate or seek action against the alleged perpetrator, the request will be forwarded to the superintendent for evaluation. The superintendent should inform the complainant that honoring the request may limit its ability to respond fully to the incident, including pursuing disciplinary action against the alleged perpetrator.
If the complainant still requests that his or her name not be disclosed to the alleged perpetrator or that the district not investigate or seek action against the alleged perpetrator, the district will need to determine whether or not it can honor such a request while still providing a safe and nondiscriminatory environment for all students, staff and other third parties engaging in district activities, including the person who reported the sexual harassment. Although a complainant’s request to have his or her name withheld may limit the district’s ability to respond fully to an individual allegation of sexual harassment, the district will use other appropriate means available to address the sexual harassment.
Title IX prohibits retaliation against any individual who files a complaint under these laws or participates in a complaint investigation. When an informal or formal complaint of sexual harassment is made, the district will take steps to stop further harassment and prevent any retaliation against the person who made the complaint, was the subject of the harassment, or against those who provided information as a witness. The district will investigate all allegations of retaliation and take actions against those found to have retaliated.
Informal Complaint Process
Anyone may use informal procedures to report and resolve complaints of sexual harassment. Informal reports may be made to any staff member. Staff will always notify complainants of their right to file a formal complaint and the process for same. Staff will also direct potential complainants to the Title IX coordinator at the District office. Additionally, staff will also inform an appropriate supervisor or professional staff member when they receive complaints of sexual harassment, especially when the complaint is beyond their training to resolve or alleges serious misconduct.
During the course of the informal complaint process, the district will take prompt and effective steps reasonably calculated to end any harassment and to correct any discriminatory effects on the complainant. If an investigation is needed to determine what occurred, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation (e.g., allowing the complainant to change academic or extracurricular activities or break times to avoid contact with the alleged perpetrator).
Informal remedies may include:
• An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-to-face;
• A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated;
• A general public statement from an administrator in a building reviewing the district sexual harassment policy without identifying the complainant.
• Developing a safety plan;
• Separating staff person; or
• Providing staff and/or student training.
Informal complaints may become formal complaints at the request of the complainant, parent or guardian, or because the district believes the complaint needs to be more thoroughly investigated. The district will inform the complainant how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there
have been any new incidents or instances of retaliation, and to promptly respond and appropriately address continuing or new problems. Follow up inquiries will follow a timeline agreed to by the district and complainant.
Formal Complaint Process
Level One – Complaint to District
Anyone may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized. At any level in the formal complaint process, the district will take interim measures to protect the complainant before the final outcome of the district’s investigation. The following process will be followed:
Filing of Complaint
All formal complaints will be in writing and will set forth the specific acts, conditions or circumstances alleged to have occurred and to constitute sexual harassment. The Title IX Coordinator may draft the complaint based on the report of the complainant for the complainant to review and approve. The superintendent or Title IX Coordinator may also conclude that the district needs to conduct an investigation based on information in his or her possession, regardless of the complainant’s interest in filing a complaint.
The time period for filing a complaint is one year from the date of the occurrence that is the subject matter of the complaint. However, a complaint filing deadline may not be imposed if the complainant was prevented from filing due to: 1) Specific misrepresentations by the district that it had resolved the problem forming the basis of the
complaint; or 2) Withholding of information that the district was required to provide under WAC 392-190-065 or WAC 392-190-005.
Complaints may be submitted by mail, fax, e-mail or hand-delivery to the Title IX Coordinator, in the District Office at 1016 Commercial Street, Raymond, WA, 98577; 360-942-3415. Any district employee who receives a complaint that meets these criteria will promptly notify the Coordinator.
Investigation and Response
The Title IX Coordinator will receive and investigate all formal, written complaints of sexual harassment or information in the coordinator’s possession that they believe requires further investigation. The Coordinator will delegate his or her authority to participate in this process if such action is necessary to avoid any potential conflicts of interest. Upon receipt of a complaint, the Coordinator will provide the complainant a copy of this procedure.
Investigations will be carried out in a manner that is adequate in scope, reliable and impartial. During the investigation process, the complainant and accused party or parties, if the complainant has identified an accused harasser(s), will have an equal opportunity to present witnesses and relevant evidence. Complainants and witnesses may have a trusted adult with them during any district-initiated investigatory activities. The school district and complainant may also agree to resolve the complaint in lieu of an investigation.
When the investigation is completed, the Coordinator will compile a full written report of the complaint and the results of the investigation.
The superintendent will respond in writing to the complainant and the alleged perpetrator within thirty (30) calendar days of receipt of the complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the district will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the district responds to the complainant, the district must send a copy of the response to the office of the superintendent of public instruction.
The response of the superintendent or designee will include: 1) a summary of the results of the investigation; 2) a statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed ; 3) if sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate; 4) notice of the complainant’s right to appeal to the school board and the necessary filing information; and 5) any corrective measures the district will take, remedies for the complainant (e.g., sources of counseling, advocacy and other support), and notice of potential sanctions for the perpetrator(s) (e.g., discipline).
The superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named party or parties, the coordinator will provide the accused party or parties with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.
Any corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the superintendent’s mailing of a written response, unless the accused is appealing the imposition of discipline and the district is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti discrimination policy.
The district will inform the complainant how to report any subsequent problems. Additionally, the district will conduct follow-up inquiries to see if there have been any new incidents or instances of retaliation, and
to promptly respond and appropriately address continuing or new problems. Follow-up inquiries will follow a timeline agreed to by the district and complainant.
Level Two -Appeal to Board of Directors
Notice of Appeal and Hearing
If a complainant disagrees with the superintendent’s or designee’s written decision, the complainant may appeal the decision to the district board of directors, by filing a written notice of appeal with the secretary of the board within ten (10) calendar days following the date upon which the complainant received the response.
The board will schedule a hearing to commence by the twentieth (20th) calendar day following the filing of the written notice of appeal, unless otherwise agreed to by the complainant and the superintendent or for good cause.
Both parties will be allowed to present such witnesses and testimony as the board deems relevant and material.
Unless otherwise agreed to by the complainant, the board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and provide the complainant with a copy of the decision.
The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act.
The decision will include notice of the complainant’s right to appeal to the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The district will send a copy of the appeal decision to the office of the superintendent of public instruction.
Level Three – Complaint to the Superintendent of Public Instruction
Filing of Complaint
If a complainant disagrees with the decision of the board of directors, or if the district fails to comply with this procedure, the complainant may file a complaint with the Superintendent of Public Instruction.
A complaint must be received by the Superintendent of Public Instruction on or before the twentieth (20) calendar day following the
date upon which the complainant received written notice of the board of directors’ decision, unless the Superintendent of Public Instruction grants an extension for good cause Complaints may be submitted by mail, fax, electronic mail, or hand delivery.
A complaint must be in writing and include: 1) A description of the specific acts, conditions or circumstances alleged to violate applicable anti-sexual harassment laws; 2) The name and contact information, including address, of the complainant; 3) The name and address of the district subject to the complaint; 4) A copy of the district’s complaint and appeal decision, if any; and 5) A proposed resolution of the complaint or relief requested. If the allegations regard a specific student, the complaint must also include the name and address of the student, or in the case of a homeless child or youth, contact information.
Investigation, Determination and Corrective Action
Upon receipt of a complaint, the Office of the Superintendent of Public Instruction may initiate an investigation, which may include conducting an independent on-site review. OSPI may also investigate additional issues related to the complaint that were not included in the initial complaint or appeal to the superintendent or board.
Following the investigation, OSPI will make an independent determination as to whether the district has failed to comply with RCW 28A.642.010 or Chapter 392-190, WAC and will issue a written decision to the complainant and the district that addresses each allegation in the complaint and any other noncompliance issues it has identified. The written decision will include corrective actions deemed necessary to correct noncompliance and documentation the district must provide to demonstrate that corrective action has been completed.
All corrective actions must be completed within the timelines established by OSPI in the written decision unless OSPI grants an extension. If timely compliance is not achieved, OSPI may take action including but not limited to referring the district to appropriate state or federal agencies empowered to order compliance.
A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. OSPI may provide technical assistance and dispute resolution methods to resolve a complaint.
Level Four – Administrative Hearing
A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.
Other Complaint Options
Office for Civil Rights (OCR), U.S. Department of Education
OCR enforces several federal civil rights laws, which prohibit discrimination in public schools on the basis of race, color, national origin, sex, disability, and age. File complaints with OCR within 180 calendar days of the date of the alleged discrimination.
WSHRC enforces the Washington Law Against Discrimination (RCW 49.60), which prohibits discrimination in employment and in places of public accommodation, including schools. File complaints with WSHRC within six months of the date of the alleged discrimination.
At any time during the complaint procedure set forth in WAC 392-190-065 through 392-190-075, a district may, at its own expense, offer mediation. The complainant and the district may agree to extend the complaint process deadlines in order to pursue mediation.
The purpose of mediation is to provide both the complainant and the district an opportunity to resolve disputes and reach a mutually acceptable agreement through the use of an impartial mediator. Mediation must be voluntary and requires the mutual agreement of both parties. It may be terminated by either party at any time during the mediation process. It may not be used to deny or delay a complainant’s right to utilize the complaint procedures.
Mediation must be conducted by a qualified and impartial mediator who may not: 1) Be an employee of any school district, public charter school, or other public or private agency that is providing education related services to a student who is the subject of the complaint being mediated; or 2) Have a personal or professional conflict of interest. A mediator is not considered an employee of the district or charter school or other public or private agency solely because he or she serves as a mediator.
If the parties reach agreement through mediation, they may execute a legally binding agreement that sets forth the resolution and states that all discussions that occurred during the course of mediation will remain confidential and may not be used as evidence in any subsequent complaint, due process hearing or civil proceeding. The agreement must be signed by the complainant and a district representative who has authority to bind the district.
Training and Orientation
A fixed component of all district orientation sessions for staff, students and regular volunteers will introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure.
Certificated staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicated by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.
Students will be provided with age-appropriate information on the recognition and prevention of sexual harassment and their rights and responsibilities under this and other district policies and rules at student orientation sessions and on other appropriate occasions, which may include parents.
• As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that sexual harassment may include, but is not limited to:
• Demands for sexual favors in exchange for preferential treatment or something of value;
• Stating or implying that a person will lose something if he or she does not submit to a sexual request;
• Penalizing a person for refusing to submit to a sexual advance, or providing a benefit to someone who does;
• Making unwelcome, offensive or inappropriate sexually suggestive remarks comments, gestures, or jokes; or remarks of a sexual nature about a person’s appearance, gender or conduct;
• Using derogatory sexual terms for a person;
• Standing too close, inappropriately touching, cornering or stalking a person; or
• Displaying offensive or inappropriate sexual illustrations on school property.
Policy and Procedure Review
Annually, the superintendent or designee will convene an ad hoc committee composed of representatives of certificated and classified staff, volunteers, students and parents to review the use and efficacy of this policy and procedure. The Title IX/Civil Rights Compliance Coordinator will be included in the committee. Based on the review of the committee, the superintendent will prepare a report to the board including, if necessary, any recommended policy changes. The superintendent will consider adopting changes to this procedure if recommended by the committee.
2015 – July Policy Alert
2014 – March Issue
The board encourages and promotes a good and fair working relationship among the staff. The board recognizes the right of staff to join labor organizations of their own choosing and to be represented by such organizations in the negotiations of such matters and according to such procedures as may be required by law or agreement of the parties. The board shall engage in collective bargaining with the properly designated bargaining units and shall abide by collective bargaining agreements reached with such properly designated bargaining units.
The chief negotiator representing the district shall be appointed by the board. The chief negotiator shall advise and inform the board regarding negotiations’ progress and shall negotiate within parameters established by the board. Any agreements reached by the chief negotiator shall not be binding upon the board until formally approved by the board.
Board Policy 5021 Applicability of Personnel Policies
RCW 41.56.060 Determination of bargaining unit–Bargaining representative
RCW 41.59.070 Election to ascertain exclusive bargaining representative, when–Run off election–Decertification election
Adoption Date: 4/1/98
Raymond School District #116
5021—APPLICABILITY OF PERSONNEL POLICIES
Except where expressly provided to the contrary, personnel policies apply to the staff of the district. However, where there is a conflict between the terms of a collective bargaining agreement and the district’s policy, the law provides that the terms of the collective bargaining agreement shall prevail in regard to the staff covered by that agreement.
When a matter is not specifically provided for in the appropriate negotiated contract, the district’s policies shall govern.
RCW 41.59.910 Construction of [public employment] chapter-Effect on existing agreements–Collective bargaining agreement prevails where conflict
Adoption Date: 04/01/98
Raymond School District #116
The district shall contract annually with each applicable staff member. Such contract shall be in conformity with state law and the policies and negotiated agreements of the district. The contract shall be binding on the district and on the staff member and may not be abridged or abrogated during its term by either party except by mutual consent or as may be provided elsewhere in board policy or in negotiated agreements.
The contracts for certificated staff shall be written for a period not to exceed one year. Upon the recommendation of the superintendent contracts for selected classified staff may be in writing and/or for a specific period of time not to exceed one year. Otherwise the employment of classified staff shall be on a month-to-month basis commencing from the first day of work.
Supplemental contracts, which are not subject to the continuing contract statute, shall be issued for services to be rendered in addition to a staff member’s normal “full-time” assignment.
A. Certificated Staff Contracts
The district, upon recommendation of the superintendent and approval by a majority of the board of directors, shall offer a certificated staff contract to the applicant so recommended and approved, such contract to state the salary to be paid based upon the applicable salary schedule, the number of days of service, effective date and term of the contract and to include a mandatory acceptance date. The contract shall also include the following statement:
“This contract shall be subject to the terms and conditions of any collective bargaining agreement between the district and the organization certified or recognized as the negotiating representative for the certificated staff employed by the board. In the event that any of the
provisions of this individual staff member contract shall be inconsistent with the provisions of any such collective bargaining agreement, then the terms of the collective bargaining agreement shall prevail.
B. Provisional Employment
The district shall issue to certificated first, second and third year teaching or other non-supervisory certificated staff a “provisional contract” for “provisional employees” who are subject to non-renewal of employment as provided by law for such staff members. Staff who have completed a two three year provisional term with another Washington State school district shall be provisional employees only during their first year with the district. Such “provisional contract” shall include the following rider: “It is understood and agreed that the staff member has not completed three years of employment in a Washington state public school district and that the provisions of RCW 28A.405.220 are applicable during the first three years of certificated employment of the staff member by the district or the first year of employment with the district if the staff member has completed at least two three years of employment in another Washington state public school district.”
The superintendent may remove an employee from provisional status if the employee receives one of the top two evaluation ratings during the second year of employment in the district.
C. Retire-Rehires and Persons Replacing Certificated Staff on Leave
The district shall issue one-year, non-continuing contracts to persons who have retired from a certificated position in the state of Washington and are returning to employment under the “retire-rehire” provisions of state law. The district shall issue “replacement employee” contracts upon the recommendation of the superintendent and action of the board, to certificated staff who replace certificated staff who have been granted leaves. Such contracts shall be for the duration of the leave only and are not subject to the terms of the Continuing Contract Law. Such contracts shall clearly state the terms and conditions of the contract. These contracts shall include the following rider:
“It is understood and agreed that the staff member is employed pursuant to the provisions of RCW 28A.405. In accordance with the provisions of RCW 28A.405.900, this contract shall expire automatically at the end of the contract terms set forth herein and is not subject to the provisions of RCW 28A.405.210.”
The district shall provide for the review and adjustment of certificated staff contracts on the basis of information filed with the personnel office as per the negotiated agreement. The staff member shall provide the personnel office, according to schedule, with the required information, including official college or university transcripts, official records of degrees completed, official records of approval and completion of authorized work for equivalent credits and all other pertinent data for contract adjustment purposes.
E. Supplemental Employment Agreements
The district shall issue separate supplemental employment agreements to certificated staff for service to be rendered in excess of a normal “full time” assignment or for service to be rendered beyond the scheduled staff day or for service to be performed beyond the scheduled staff year. Supplemental contracts will also be issued for co-curricular activities and special responsibility assignments. Separate agreements shall not exceed one year and if not renewed shall not constitute an adverse change in contract status. Salary for services performed under supplemental employment agreements shall be paid according to the current salary schedule for supervision of co-curricular activities or, in the case of extended time assignments, according to the applicable provisions for payment for the services rendered.
Staff consultant services may be obtained when unique knowledge or technical skills are needed. A description of desired services and an estimate of time and costs shall be submitted to the superintendent or designee for action. Compensation shall be determined by the superintendent or designee, but normally may not exceed that paid to a regular staff member with comparable duties. The honorarium paid to a consultant shall be determined by the superintendent or designee, taking into account cost incurred and benefits derived therefrom. Compensation classification of a consultant on a personal services contract or payroll shall be determined in compliance with the guidelines of the Internal Revenue Service.
G. Title 1 Employees
All teachers working in a program supported with Title 1 funds who were hired on or after the first day of the 2002-2003 school year, shall be highly qualified, as defined by federal law and regulations.
All paraprofessionals providing instructional support in a program supported by Title 1 funds hired after January 8, 2002, shall have a secondary school diploma or a recognized equivalent and one (1) of the following:
1. Completed at least two (2) years of study at an institution of higher learning;
2. Obtained an associate’s or higher degree; or
3. Met a rigorous standard of quality through a formal state or local assessment.
Paraprofessionals who are hired primarily as translators or solely to conduct family involvement activities do not need to meet the new requirements. However, they must have earned a secondary school diploma or its recognized equivalent.
Board Policy 5280 Termination of Employment
RCW 28A.330.100 Additional powers of the board
28A.400.300 Hiring and discharging of employees — Written leave policies — Seniority and leave benefits of employees transferring between school districts and other educational employers 28A.400.315 Employment contracts [not retroactive]
28A.405.210 Conditions and contracts of employment — Determination of probable cause for nonrenewal of contracts — Nonrenewal due to enrollment decline or revenue loss — Notice — Opportunity for hearing 28A.405.220 Conditions and contracts of employment — Non-renewal of provisional employees — Procedure
28A.405.240 Conditions and contracts of employment Supplemental contracts, when — Continuing contract provisions, not applicable to 28A.405.900 Certain certificated employees exempt from chapter provisions
20 U.S.C. § 6319 Qualifications for teachers and paraprofessionals
Policy News, August 2001 Legislature Authorizes “Retire-Rehire”
Policy News, August 2003 No Child Left Behind Update Policy News, October 2010 Employment Disclosures
Adoption Date: 12/21/10
Raymond School District #116
5201-DRUG FREE SCHOOLS, COMMUNITY AND WORKPLACE
The board has an obligation to staff, students, and citizens to take reasonable steps to provide a reasonably safe workplace and to provide safety and high quality performance for the students who the staff serve.
For purposes of this policy, the “workplace” is defined to mean the site for the performance of work done, which includes work done in connection with a federal grant. The “workplace” includes any district building or any district property; any district-owned vehicle or any other district-approved vehicle used to transport students to and from school or school activities; and off district property during any school sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the district which could also include work on a federal grant.
To help maintain a drug-free school, community, and workplace, the following behaviors will not be tolerated:
1. Reporting to work or the workplace under the influence of alcohol, illegal and/or controlled substances including marijuana (cannabis) and anabolic steroids.
2. Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, in any amount, in any manner, and at any time in the workplace.
3. Any staff member convicted of a crime attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids, will be subject to disciplinary action, including termination.
4. Using district property or the staff member’s position within the district to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids.
5. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids. Notification Requirements
Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may interfere with the safe performance of his/her job. If the use of a medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g., use leave, request change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies his/her supervisor that the use of medication could compromise the safe performance of his/her job, the supervisor, in conjunction with the district [insert district department/office (e.g. human resources)], then will determine whether the staff member can remain at work and whether any work restrictions will be necessary.
As a condition of employment, each employee will notify his or her supervisor of a conviction under any criminal drug statute violation occurring in the workplace. Such notification will be provided no later than 5 days after such conviction. The district will inform the federal granting agency within 10 days of such conviction, regardless of the source of the information.
Each employee will be notified of the district’s policy and procedures regarding employee drug activity at work. Any staff member who violates any aspect of this policy will be subject to disciplinary action, which may include termination. As a condition of eligibility for reinstatement, an employee may be required to satisfactorily complete a drug rehabilitation or treatment program approved by the district, at the employee’s expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the district incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.
The district may notify law enforcement agencies regarding a staff member’s violation of this policy at the district’s discretion or take other actions as it the district deems appropriate.
3423 – Parental Administration of Marijuana for Medical Purposes
4215 – Use of Tobacco, Nicotine Products, and Delivery Devices
5280 – Separation from Employment
RCW 69.50.435 Violations committed in or on certain public places or facilities —Additional penalty — Defenses — Construction — Definitions
41 U.S.C. 8103 Drug Free Workplace Requirements for Federal Grant Recipients
21 U.S.C. 812 Controlled Substance Act
20 U.S.C 7101-71187 Safe and Drug-Free Schools and Communities Act [as amended by Title IV – 21st Century Schools]
2019 – July Issue
2015 – December Issue
2013 – February Issue
2011 – December Issue
Policy News, February 1999 Bus drivers still tested for marijuana
5202—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MANDATED DRUG AND ALCOHOL TESTING PROGRAM
The board directs the superintendent to establish programs and procedures as mandated by the Federal Motor Carrier Safety Administration (FMCSA) controlled substances, including marijuana (cannabis), and alcohol testing rules.
Prohibited Alcohol and Controlled Substance-Related Conduct
The following alcohol and controlled substance-related activities are prohibited by the district for drivers required to possess a commercial driver’s license (CDL) as part of their job responsibilities. Violations will result in appropriate corrective action ranging from removal from the performance of safety-sensitive functions up to and including discharge.
1. Reporting for duty or remaining on duty to perform safety sensitive functions while having an alcohol concentration in excess of the standard set by the FMCSA.
2. Being on duty or operating a vehicle while the driver possesses alcohol.
3. Using alcohol while performing safety-sensitive functions. 4. When required to take a post-accident alcohol test, using alcohol within eight hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.
5. Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion, or follow-up testing requirements.
6. Reporting for duty or remaining on duty when using any controlled substance, except when instructed by a prescribing authority who has advised the driver and the district that the substance does not adversely affect the driver’s ability to safely operate a vehicle. Drivers are required to inform the district of any therapeutic drug use, although not the medication that has been prescribed. The use of any medication that could affect a driver’s safe job performance is prohibited while working.
7. Reporting for duty, remaining on duty or driving if the driver tests positive for controlled substances.
No supervisor having actual knowledge of the above violations will permit a driver to perform or continue to perform safety-sensitive functions.
Board Policy 5201 Drug-Free Schools, Community and Workplace Board Policy 5203 Staff Assistance Program
Board Policy 5281 Disciplinary Action and Discharge
49 CFR § 40 Procedures for transportation workplace drug and alcohol testing programs
49 CFR §§ 382 Controlled substances and alcohol use and testing
Policy & Legal News, February 2013 Policy Revisions Policy News, April 2012 Federal Motor Carrier Safety Administration mandated drug and alcohol testing program
Policy News, December 2001 Federal Government Amends Bus Driver Drug Testing Rules
Policy News, February 1999 Bus drivers still tested for marijuana
Adoption Date: 06/20/12
Raymond School District #116
Technical Fix: 03/06/13
5202P—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION MANDATED DRUG AND ALCOHOL TESTING PROGRAM
The following identify the occasions on which a driver will be subject to alcohol or controlled substances testing. The superintendent is responsible for the development and implementation of procedures for conducting the tests and administering the exemptions consistent with the federal rules.
1. Pre-employment testing: Prior to the first time a driver performs a safety-sensitive function for the district, the driver will undergo testing for controlled substances. This testing requirement may be waived under FMCSA rules for CDL drivers recently employed elsewhere for whom testing records are available from their previous employers.
2. Post-accident testing: Each surviving driver of an accident, as defined by the FMCSA, will be tested for alcohol and controlled substances.
3. Random testing: Annually the district will arrange for the unannounced random alcohol and controlled substances testing of its drivers. Fifty percent (50%) of the district’s drivers must be randomly selected for controlled substances testing each year, and 10% of its drivers for alcohol testing (or whatever level of testing is required in a given year by the FMCSA). Alcohol testing under this program will take place just prior to, during or immediately after the driver engages in a safety-sensitive function for the district.
4. Reasonable suspicion testing: A driver must submit to alcohol or controlled substance testing whenever a trained supervisor has a reasonable suspicion of alcohol misuse or controlled substance use based on specific, contemporaneous and articulable observations concerning the appearance, behavior, speech or bodily odors of the driver. Observations related to using alcohol must be made just prior to, during or immediately after the driver engages in a safety sensitive function for the district, and the alcohol test must be given within eight hours following the determination of reasonable suspicion.
5. Return-to-duty testing: If a driver is to be returned to performing safety-sensitive functions for the district after violating this policy or the federal regulations, the driver will be evaluated by a substance abuse professional (SAP) who will determine what assistance, if any, the driver needs in resolving problems associated with alcohol misuse and use of controlled substances. SAPs must require education and/or treatment in all such cases. If a driver is to be returned to performing safety-sensitive functions for the district following a violation of this policy or the federal regulations, the driver will first be evaluated by a SAP to determine that the driver has properly followed any rehabilitation proscribed. Before a driver could be returned to performing safety-sensitive functions for the district following a violation of this policy and/or the federal regulations, the driver undergo a return-to-duty alcohol and/or controlled substances test resulting in an alcohol concentration below 0.02 alcohol concentration or a negative controlled substances test.
6. Follow-up testing: Any driver that continues performing safety sensitive functions for the district, following a determination of the alcohol or controlled substances prohibited conduct, will be subject to a follow-up alcohol testing conducted only just prior to, during or immediately after the driver performs a safety-sensitive functions or drug testing, as directed by a SAP.
Record Retention and Reporting
Records collected under this policy will be secured and retained with controlled access and for the time periods established by the federal regulations. The data collected will be reported as required by the federal regulations.
Education, Training And Referral Services
Educational materials that explain the requirements of policy 5202 and the federal program will be distributed to each driver prior to the start of the testing program and to each driver subsequently hired or transferred into a position covered by this policy. Each driver, after receiving a copy of the materials, will sign a certificate of receipt and the district will maintain the original of the receipt. The collective bargaining representative of the drivers, if any, will be notified of the availability of this information. The educational materials will include:
A. A copy of this policy and subsequent procedures;
B. The name of the person designated to answer questions about the materials;
C. The categories of employees covered by the policy;
D. A description of safety-sensitive functions, so that drivers will know which part of their tasks will be covered by this policy
E. A specific description of conduct prohibited by this policy and the federal program;
F. The circumstances under which a driver is subject to testing; G. The procedures used in the testing program, especially those that protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
H. The requirement that drivers must submit to testing required by this policy and the federal program, and a description of what constitutes refusal to submit to required testing and the consequences of refusal; I. The consequences for drivers who violate this policy and the federal program, including immediate removal from conducting safety-sensitive functions;
J. The consequences for drivers found to have alcohol concentrations between 0.02 and 0.04; and
K. Information about the effects of alcohol and controlled substances on an individual’s health, work and personal life and methods of intervening when a problem with alcohol or a controlled substance is suspected, including confrontation, referral to the staff assistance program and referral to management.
Supervisors designated to determine if reasonable suspicion exists that a driver is under the influence of alcohol or controlled substances must have at least sixty minutes of training on alcohol misuse and at least sixty minutes of training on use of controlled substances. The training shall cover the physical, behavioral, speech and performance indicators of probable alcohol misuse and use of controlled substances.
The employed driver who violates this policy or the federal regulations will be informed of resources available for evaluation and resolving problems associated with the misuse of alcohol and use of controlled substances, including the names, addresses, and telephone numbers of SAPs and counseling and treatment programs. Costs incurred by the driver for evaluation and/or rehabilitation are the driver’s responsibility (other policies may apply).
5203—STAFF ASSISTANCE PROGRAM
The district will maintain, as revenues permit, a staff assistance program designed to provide support to staff members who are experiencing a job performance problem. A staff assistance program committee may be established to assist in the implementation of this policy and make program recommendations.
A wide range of problems not directly associated with a job function may affect the staff member’s job performance. These problems may result from alcohol abuse or alcoholism; other drug abuse; physical, mental, or emotional illness; personal problems such as marital, family, financial, or legal difficulties; or any combination of these problems.
The staff assistance program will provide professional and confidential assistance to staff members and their families seeking assistance.
Participation in the staff assistance program will not jeopardize employment or job promotion, nor shall such participation substitute for employer action(s) regarding evaluation, probation, and/or termination as provided for under collective bargaining agreements or board policies. The program will be evaluated on an annual basis.
Adoption Date: 4/1/98
Raymond School District #116
5207—DUTY TO REPORT ON-THE-JOB INJURIES, NON WORK INJURIES AND MEDICATIONS THAT IMPAIR JOB SAFETY
The Raymond School District is subject to the Washington State Industrial Insurance Act as specified in Title 51 of the Revised Code of Washing ton. The statute outlines the responsibilities of employees and employers and includes the employee’s affirmative responsibility to notify employers of an injury. This policy sets forth reporting steps for employees to follow and the relationship between these reporting steps and the applicable collective bargaining agreement and/or progressive discipline policies.
In the Raymond School District, the primary duty to report a work place injury rests with the employee who sustained the injury. The report must be made immediately.
A. REPORTING AN IMMEDIATELY APPARENT WORK PLACE INJURY
1. When an employee sustains an on-the-job injury, the employee shall notify his/her supervisor immediately. If immediate notification is not possible, the employee must notify his/her supervisor prior to resuming work or no more than 24 hours after the time of the injury, whichever is sooner.
2. Upon being advised of the injury, the supervisor on duty at the time of the incident will immediately assess the situation and, if necessary, proceed to the scene of the occurrence to assure prompt medical attention for the staff member(s) involved and to address any safety hazards which may have caused or contributed to the incident and perform an injury investigation. In the event the incident occurred outside the staff member’s regularly assigned area, the supervisor on duty in the area where the incident occurred should report to the scene immediate, assure prompt medical attention for the employee involved, address any safety hazards, and perform an investigation.
3. The employee shall complete, and forward to his/her supervisor, and Employee Incident Report form detailing the accident and the resulting injury within 48 hours of the accident.
4. Supervisors will work with the Human Resources Office to identify any light-duty options that may be available for the employee to return to work as soon as is safely possible.
5. In rare instances immediate notification, notification within 24 hours of an injury, and/
or filing a report within 48 hours may not be possible due to the extent of the injury and/
or timing of the injury adjacent to a holiday or weekend; district supervisors will take this into account in responding to the injury and assisting the employee.
B. REPORTING A WORK PLACE INJURY APPARENT AFTER COMPLETION OF WORK DAY
1. If the employee’s injury first becomes apparent after the employee has completed the normal work day, the employee must notify his/ her supervisor prior to returning to work or no later than 24 hours after the time the employee becomes aware of the injury, whichever is sooner.
2. Upon being advised of the incident, the supervisor on duty at the time the incident is reported should report as soon as is practical to the scene of the occurrence to address any safety hazards which may have caused or contributed to the incident. In the event the incident occurred outside the staff member’s regularly assigned area, the supervisor on duty in the area where the incident occurred should report to the scene a nd address any safety hazards.
3. The employee shall complete, and forward to his/ her supervisor, an Employee Incident Report form detailing the accident and the resulting injury within 48 hours of the occurrence.
4. Supervisors will work with the Human Resources Office to identify any light duty options that may be available for the employee to return to work as soon as is safely possible.
5. In rare instances immediate notification, notification within 24 hours of an injury becoming apparent, and/or filing a report within
48 hours may not be possible due to the extent of the injury and/or timing of the injury adjacent to a holiday or weekend; district supervisors will take this into account in responding to the injury and assisting the employee.
C. REPORTING AN OFF-THE-JOB INJURY
If an employee is injured off district property during non-work time and the injury may impair an employee’s ability to perform his/her job responsibilities safely and without injury to the employee or others, the employee must report to his or her supervisor or the Human Resources Office that he or she have a medical condition which affects their ability to perform his/her responsibilities and may need a workplace accommodation. The Human Resources Office will identify any accommodations that are necessary and available during the period of impairment.
D. DUTY TO REPORT MEDICATION USAGE
An employee who is taking a drug or medication, whether or not prescribed by the employee’s physician, which may adversely affect that employee’s ability to perform work in a safe manner or perform all duties of the position, is required to report such use to his or her supervisor or the Human Resources Office. This includes drugs or medications that are known or advertised as affecting judgment, coordination, or any of the senses, including those that may cause drowsiness or dizziness. The supervisor, in conjunction with the Human Resources Office, employee, and medical provider, will then evaluate whether the employee can remain at work or whether any work restrictions will be necessary and for what period of time.
E. DUTY TO REPORT RECOVERY STATUS
In order to maximize opportunity for the district to identify light duty options for an injured employee, when an employee is in “off work” or “light duty” status due to a work place injury, the employee must notify his/ her supervisor if a doctor changes the medically allowable work schedule or duties within 48 hours of the associated doctor appointment and provide documentation of such change.
1. An employee’s failure to provide timely notice to his/ her supervisor of a work-place injury, as set forth above, may result in disciplinary action subject to and consistent with the applicable collective bargaining agreement and district policies.
2. An employee’s failure to provide timely notice to his/ her supervisor of a non-work place injury or medication usage which affects the employee’s ability to perform his/her job responsibilities safely and without injury to the employee or others, as set forth above, may result in disciplinary action subject to and consistent with the applicable collective bargaining agreement and District policies.
Adoption Date: November 24, 2014
Raymond School District #116
5222—JOB-SHARING STAFF MEMBERS
A job-sharing assignment is the shared performance of the duties of one full-time, regular position by employees.
The superintendent is responsible for recommending to the board when the best interests of the district would be served by creating a job sharing assignment for a particular position.
The district reserves the authority to:
A. Determine the number of job-sharing positions, if any, within the district;
B. Require job-sharing employees to attend staff training or other staff development activities at one-half of full compensation;
C. Abolish any job-sharing assignment, or change a job-sharing position to a full time position held by one employee, at the sole discretion of the district;
D. Consider any request to create a job-sharing position in a position currently held by one employee, or vice versa;
E. Require job-sharing staff members to work full-time in the event of the termination or resignation of one of the job-sharing staff members, or until such time as a replacement can be hired, at the sole discretion of the district.
Employees sharing a position shall sign a job-sharing contract to be developed by the superintendent. The contract shall identify contingencies which may arise during the course of employment including, but not limited to, absence or resignation of one of the job sharing employees, computation of employee benefits, and responsibility for participation in staff meetings and committees. The purpose of such contract is to address potential conflicts in an equitable manner in advance of actual conflicts.
The conditions provided by this policy are not intended to discourage job sharing nor to impose disproportionate burdens upon job-sharing staff members. The superintendent shall establish job sharing procedures which describe the duties, responsibilities, salaries and benefits for individuals sharing a position.
Board Policy 5000 Recruitment and Selection of Staff
Board Policy 5005 Employment of Staff
Board Policy 5210 Assignment, Reassignment and Transfer
RCW 28A.400.300 Hiring and discharging employees–Leaves for employees–Seniority and leave benefits, retention upon transfers between schools
RCW 28A.405.070 Job Sharing
Adoption Date: 4/1/98
Raymond School District #116
1. Duties of Classified and Certificated Staff
Staff are subject to the policies of the district, provisions of staff agreements in effect, state board of education regulations, state superintendent of public instruction regulations and other applicable state and federal law.
Employees shall be directly responsible to the principal at their respective building for implementing the policies, instructions, rules and regulations of each principal, the superintendent and the board of directors. It shall be the duty of each employee to know the rules, policies and regulations of the school and the school district.
The superintendent shall be responsible for developing administrative procedures to assure that staff know what is expected of them and how these expectations may be achieved. Each staff member shall receive a job description that identifies the essential functions of the job and which shall also serve as a basis for evaluation. Job descriptions shall be reviewed annually and revised when appropriate.
2. Principals and Program Administration
The district shall hold principals and other administrative staff accountable for the proper and efficient conduct of classroom teaching in their schools which will meet the individual and collective needs of the particular students enrolled. Principals shall achieve and maintain standards of excellence in the instructional program so that each student exposed to this program derives the greatest academic and personal benefit from the learning experience. They have primary responsibility for the improvement of instruction in their programs. A major portion of the principal’s time is to be spent with staff, including classroom observations, staff evaluations, departmental meetings, and a review of instructional materials and new and promising innovations in teaching. A principal must possess the knowledge and skill necessary to evaluate the performance of staff members in accordance with district evaluation procedures. The superintendent shall be responsible for determining the evaluation skill and/or needs in considering candidates for the position of principal as well as providing an on-going development program related to the needs of all principals.
3. Duties of Administrative Staff
As authorized by the superintendent, administrative staff shall have full responsibility for the day-to-day administration of the area to which they are assigned. Administrative staff are governed by the policies of the district and are responsible for implementing the administrative procedures which relate to their assigned responsibilities.
Each administrator’s duties shall include but not be limited to:
A. Planning for the improvement of the program for which he/she is responsible;
B. Evaluating that program regularly;
C. Recommending to the superintendent, through the management team, budgetary, program, staff and other changes that will enhance the program;
D. Advising the superintendent, through the management team, of the impact of proposed policies or other administrative actions on the program for which he/she is responsible;
E. Evaluating the performance of those staff reporting directly to him/ her;
F. Assisting his/her subordinates to improve their performance; and
G. Promoting effective working relationships with students, staff and patrons of the district.
The superintendent shall define the specific responsibilities of administrative staff through a written job description. Each administrator shall submit written goal statements to his/her supervisor by October 15.
Board Policy 5222 Performance Evaluation of Non-administrative Staff
RCW 28A.150.240 Basic Education Act of 1977–Certificated teaching and administrative staff as accountable for classroom teaching–Scope– Responsibilities-Penalty
RCW 28A.400.100 Principals and vice- principals–Employment of— Qualifications–Duties
RCW 28A.400.110 Principal to assure appropriate student discipline RCW 28A.405 Teachers–General Provisions
RCW 28A.405.100 Minimum criteria for the evaluation of certificated employees, including administrators-Procedure—Scope—Penalty
RCW 28A.405.230 Conditions and contracts of employment-Transfer of administrator to subordinate certificated position—Procedure WAC 180-44 Teacher’s Responsibilities
42 U.S.C. SS 12101
12213 Americans with Disabilities Act (ADA)
Adoption Date: 4/1/98
Raymond School District #116
1. Certificated and Classified Staff Job Descriptions
Job descriptions are maintained in the district office. A job description shall be provided to each staff member at the time of employment, when the staff member assumes a new position and when a position is modified or at any time upon the request of the staff member. Each job description shall include the essential functions of the job.
When substantive changes in the assignment occur, the staff member and supervisor will list the tasks that comprise the job and determine the skills, personal characteristics, educational background and training necessary for the employee to perform successfully. In order to accomplish this task, the staff member and supervisor will be asked to:
A. Define the job. (What will or does the staff member do?) B. Identify the essential functions of the job.
C. Arrange the duties in terms of the percentage of time spent.
D. Explain the nature and extent of the supervision and guidance that is rendered to others.
E. State how and to what extent the actions, recommendations and decisions of the staff member affect the organization or public.
F. Describe the supervision and guidance received in the performance of the assignment.
G. Describe the degree to which the staff member must be a self-starter, exercise judgment and create solutions to problems.
H. State the knowledge, skills and abilities required by the job.
I. Identify personal contacts and/or interactions other than with supervisors or subordinates.
When a position is being created or a large number of staff members occupy similar positions, the supervisor shall be responsible for developing a job description using the guidelines included in the preceding section. The supervisor will seek reactions from the staff members who presently occupy the position to verify the accuracy of the statements. Job descriptions shall be prepared with the following format:
• Title of Position
• Qualifications (minimum education, certification and other qualifications)
• Reports to (title of immediate supervisor)
• Supervises (if applicable, titles of those who are supervised directly)
• Job Goal (the purpose of the job as it relates to the district) • Performance Responsibilities (itemized list of the tasks, duties and responsibility to fulfill job in all its dimensions)
• Essential Functions of the Job
• Terms of Employment (time, classification or placement on salary schedule)
• Evaluation (reference to evaluation procedure criteria and form)
2. Principals and Program Administration
In conformance with state law, rules and regulations, principals shall be responsible for:
A. Implementing the district’s prescribed curriculum and enforcing the procedures of the district, the state superintendent of public instruction and the state board of education, taking into due consideration individual differences among students, and maintaining and rendering appropriate records and reports.
B. Maintaining good order and discipline in school buildings and playgrounds at all times.
C. Holding students accountable for any disorderly conduct in school.
D. Requiring excuses from parents of minor students in all cases of absence, tardiness or early dismissal.
E. Giving careful attention to the maintenance of a safe and healthful atmosphere in the classroom, hallways and playground.
F. Giving careful attention to the safety of the student in the classroom and reporting any questionable or unsafe conditions.
G. Providing for the evaluation of each student’s educational growth and development and making periodic reports to parents and other administrators.
H. Supervising and evaluating all staff which are assigned to the building.
I. Making recommendations to the superintendent regarding appointment, assignment, promotion, transfer, probation or dismissal of all staff assigned to their attendance area.
J. Submitting recommendations to the superintendent regarding the fiscal needs required to maintain and improve the instructional program for their attendance area.
K. Ensuring that the provisions of the collective bargaining agreement are followed.
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