4000 Personnel

BP 4000 - ALL PERSONNEL - CONCEPTS AND ROLES

The School Board wishes to establish conditions that will attract and retain qualified personnel who will devote themselves to the education and welfare of the students of the district. The School Board believes that successfully orienting and introducing new teachers to the local community, its cultural activities and norms, is integral and essential to attract and retain quality personnel. To accomplish this objective, the Superintendent or designee shall develop and implement a local community and cultural orientation.

The School Board desires that teachers pursue excellence within their profession and may provide incentives to teachers of demonstrated ability and expertise which will encourage them to stay in the public school system. The School Board recognizes the importance and need for culturally responsive and trauma informed teaching practices which lead to improved student performance and outcomes. The District may provide supports and professional development opportunities to teachers regarding these practices as a way increasing teacher efficacy and retention.

The School Board believes that its personnel policies must be developed in cooperation with staff and community in an atmosphere of mutual faith and good will. District policies and regulations shall apply only to the extent that they do not conflict with any collective bargaining agreement in effect between the district and its employees.

The School Board affirms its intention to have district policies, regulations and procedures conform to the requirements of state and federal laws and regulations.

The School Board

1. Adopts wage and salary schedules
2. Approves the employment of school personnel

Determines principles of treatment for employees, such as those in connection with sick leave, leaves of absence, inservice training, retirement, etc., either through the policies and regulations of the district or through negotiations with employee organizations in accordance with law.

Serves as a court of appeals in cases referred by the Superintendent or designee or which may be appealed by employees directly from the Superintendent or designee's decision, or as specified in adopted employee organization bargaining agreements.

The Superintendent or Designee

1. Nominates for employment all certificated and classified personnel.
2. Recommends disciplinary action, including suspension and dismissal, against employees whenever there is sufficient evidence warranting any such action.
3. With the staff, assigns, directs and supervises the work of all employees with due regard for the individual rights involved.
4. Proposes salary schedules for staff members not covered by an employee organization agreement and advises the School Board throughout negotiations with employee organizations on all matters under negotiations.
   

   (cf. 6181 - Charter School)

Working Relationships Between School Board and Superintendent or Designee

The School Board desires to be guided principally by the advice of the Superintendent or designee in regard to its relations with district personnel.

The School Board shall refer direct approaches from employees for School Board action to the Superintendent or designee for his/her consideration and judgment. The School Board shall act as an appeals body only after receiving the recommendation of the Superintendent or designee.

(cf. 4144 - Grievances /Complaints)

The Superintendent or designee shall conduct the district's personnel relations with fair and sound practices in accordance with School Board policy.

Legal Reference:

ALASKA STATUTES

14.08.101 Powers (regional school board)

14.08.111 Duties (regional school board)

14.14.060 Relationship between borough school district and borough

14.14.065 Relationship between city school district and city

14.20.095 Right to comment and criticize not to be restricted 23.40.070-23.40.260 Public Employment Relations Act (PERA)

39.25.110 Exempt service

Revised 3/2019

9/92

Adopted 3/23

Yukon Flats School District

BP 4020 - ALL PERSONNEL - DRUG, TOBACCO, AND ALCOHOL-FREE WORKPLACE

The School Board believes that the maintenance of drug, tobacco, and alcohol-free workplaces is essential to school and district operations. No employee shall unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, drug or controlled substance before, during or after school hours at school or in any other district workplace.

For purposes of this policy, “drug” is defined to include, but is not limited to, marijuana or cannabis, in any form; synthetic marijuana or cannabis, in any form; synthetic variations of controlled substances, in any form; prescription medication for which a valid prescription has not been obtained, which is used in amounts in excess of prescribed dosages, or which is used for purposes other than as prescribed, and prescription drugs distributed or dispensed to any person other than the prescription holder.

“Controlled substance” is defined to include any substance identified by federal or state law as controlled.

"Tobacco" is defined to include any non-FDA approved tobacco or nicotine, lighted or unlighted cigarette, electronic cigarette, vape or vaping device, cigar, pipe, bidi, clove cigarette, dissolvable nicotine strips, liquid tobacco or nicotine, and any other smokeless tobacco product, also known as spit tobacco, dip, chew, and snuff, in any form.

In the interest of the health and safety of students and employees, it is a violation of this policy for students, staff, parents, visitors, contractors and all others to use, distribute or sell tobacco, any non-FDA approved tobacco or nicotine delivery products or devices including but not limited to, cigarettes, cigars, dip, hookah pens, e-cigarettes, and dissolvable nicotine products on District premises, at school-sponsored activities on or off District premises and in District-owned, rented or leased vehicles.

Tobacco possession is prohibited for all district students and visiting students, as well as for all other visitors under the age of 19.

Tobacco and marijuana advertising is prohibited in all school-sponsored publications, in all school buildings, and at all school-sponsored events. District acceptance of gifts or funds from the tobacco and marijuana industries is similarly prohibited. Personnel shall not wear clothing depicting tobacco, alcohol, drugs, or controlled substances, and shall not display such items or related slogans on their vehicles, through signage or otherwise, while the vehicle is on District property or at a school sponsored event.

The Superintendent or designee shall:

1. Publish and give to each employee a notification of the above prohibitions. The notification shall specify the actions that will be taken against employees who violate these prohibitions. The notification shall also state that as a condition of employment, the employee will abide by the terms of this policy and notify the employer, within five days of any criminal drug or alcohol statute conviction which he/she receives for a violation occurring in the workplace.

For the purpose of this policy, "conviction" shall mean a finding of guilt, including a plea of nolo contendere, or imposition of sentence, or both, by any judicial body charged to determine violations of federal or state criminal drug or alcohol statutes.

1. 1. 1. 1. Establish a drug, tobacco and alcohol-free awareness program to inform employees about
            
            1. The dangers and costs of drug, tobacco, and alcohol abuse in the workplace.
            2. The district policy of maintaining drug, tobacco, and alcohol-free workplaces
            3. Any available drug, tobacco, and alcohol counseling, rehabilitation, and employee assistance programs, including the free Alaska Tobacco Quitline, and
            4. The penalties that may be imposed on employees for drug, tobacco, and alcohol abuse violations.
            5. Notify the appropriate federal granting or contracting agencies within ten days after receiving notification, from an employee or otherwise, of any conviction for a violation occurring in the workplace.
            6. Initiate disciplinary action within 30 days after receiving notice of a conviction for a violation in the workplace from an employee or otherwise. Such action shall be consistent with state and federal law, the appropriate employment contract, the applicable collective bargaining agreement, and district policy and practices.
            7. Make a good faith effort to maintain a drug and alcohol-free workplaces throughout the district.

In taking disciplinary action, the Board requires termination when termination is required by law. When termination is not required by law, the Superintendent or designee shall take disciplinary action, up to and including termination, or shall require the employee to satisfactorily participate and complete a drug assistance or rehabilitation program approved by a federal, state or local health, law enforcement or other appropriate agency, or a combination of both discipline and mandatory assistance program. Discipline decisions shall be made in accordance with relevant state and federal laws, employment contracts, collective bargaining agreements, and district policies and practices.

Nothing in this policy shall prohibit the District from conducting its own investigation or from taking appropriate disciplinary action even in the absence of a conviction.

(cf. 3514 - Safety)

(cf. 4117.4 - Dismissal)

(cf. 4118 Dismissal/Suspension/Disciplinary Action)

(cf. 4159 - Employee Assistance Programs)

(cf. 4158/4358 - Employee Security)

(cf. 4218.1 - Drug and Alcohol Testing for School Bus Drivers) (cf. 5144.1 - Suspension and Expulsion/Due Process)

Legal Reference:

UNITED STATES CODE

THE DRUG-FREE WORKPLACE ACT OF 1988, 41 U.S.C. Ch. 81

DRUG-FREE SCHOOLS AND COMMUNITIES ACT AMENDMENT OF 1986, as amended, U, 20 U.S.C. 7111

CONTROLLED SUBSTANCES ACT, 21 U.S.C. 801

CODE OF FEDERAL REGULATIONS

21 CFR 1300 - 1316

ALASKA STATUTES

17.38, The Regulation of Marijuana

17.38.220, Employers, Driving, Minors, and Control of Property 11.71.010-090, Controlled Substances

Revised Date: 3/2019

9/92

Adopted 3/23

YFSD Policy Reference Manual

E 4020 DRUG AND ALCOHOL-FREE WORKPLACE - NOTICE TO EMPLOYEES

YOU ARE HEREBY NOTIFIED that it is a violation of School Board policy for any employee at a school district workplace to unlawfully manufacture, distribute, dispense, possess, use or be under the influence of any alcoholic beverage, marijuana, drug or controlled substance as defined in the Controlled Substances Act and Code of Federal Regulations.

"School district workplace" is defined as any place where school district work is performed, including a school building or other school premises; any school-owned or school-approved vehicle used to transport students or employees to and from school or school activities; any off-school sites when accommodating a school-sponsored or school-approved activity or function, such as a field trip or athletic event, where students are under district jurisdiction; or during any period of time when an employee is supervising students on behalf of the district or otherwise engaged in district business.

As a condition of your continued employment with the district, you will comply with the district's policy on Drug and Alcohol-Free Workplace and will, any time you are convicted of any criminal drug or alcohol statute violation occurring in the workplace, notify your supervisor of this conviction no later than five days after such conviction.

Revised 3/2015

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4021 - ALL PERSONNEL - DRUG AND ALCOHOL TESTING FOR SCHOOLBUS DRIVERS

Purpose

The Superintendent or designee shall establish and implement a drug and alcohol testing program for all bus drivers employed by the school district, in accordance with state and federal law. The purpose of the testing program shall be to help prevent accidents and injuries resulting from the misuse of drugs and alcohol by bus drivers. This program shall test drivers for the improper use of drugs and alcohol and shall include random testing.

Improper use of drugs and alcohol consists of use that constitutes a federal or state criminal offense, or otherwise violates the regulations of the Department of Education and Early Development.

Prohibited conduct

No personnel employed by the school district as drivers of motorized vehicles used to transport students shall report for duty requiring the performance of safety-sensitive functions, or remain on duty, when the driver uses any controlled substance or has a prohibited concentration of alcohol in the driver's system. The only exception is when a driver has used a controlled substance pursuant to the instructions of a qualified physician who has advised the driver in writing that the substance does not adversely affect the driver's ability to safely operate a motorized vehicle for the transportation of students. Drivers shall provide a copy of the physician's written advice to the driver's supervisor prior to operating any motor vehicle for the school district.

Required Testing

Drivers shall be subject to pre-employment/pre-duty, reasonable suspicion, random, post- accident, returning to duty and follow-up alcohol and drug testing. Random alcohol testing shall be limited to the time period surrounding the performance of safety-related functions, which include just before or just after the employee performs the safety-related function for the district. Controlled substance testing may be performed at any time the driver is at work. An employee subject to this testing may not refuse to take a test when required.

Consequences for failing or refusing to take a required test

A refusal to take a required test shall be considered in violation of the employee's contractual obligations to the district and may constitute grounds for the employee's termination from employment with the district. If testing confirms prohibited alcohol concentration levels or the unauthorized presence of a controlled substance, the employee shall be removed immediately from safety-related functions in accordance with law. The district may reassign the employee to non-safety-related functions until such time as the driver complies with the requirements for returning to duty.

The School Board retains the authority, consistent with state and federal law, to discipline or discharge any driver who is alcohol or chemically dependent and whose current use of alcohol or drugs impairs the employee's job qualifications or performance. Before a driver may be reinstated, if at all, the driver shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation and undergo a return-to-duty test with verified results.

Except as required by law or collective bargaining agreement, the district is not required to provide rehabilitation, pay for substance abuse treatment or to reinstate a driver who has failed a required drug or alcohol test. All employment decisions involving reassignment, reinstatement, termination or dismissal from employment shall be made in accordance with applicable district policies and procedures.

Records

The district shall keep and maintain testing records, and shall maintain the confidentiality of those records, in accordance with law. Testing records, and any information about false positive test results, shall not be released without the written consent of the employee. The district shall not retain records of false positive test results in the employee's employment records.

Training

The district shall take steps to ensure that supervisors receive appropriate training to administer the district's drug and alcohol testing program, and that employees receive the notifications required by law.

(cf. 4020 - Drug and Alcohol Free Workplace) (cf. 3514 - Safety) (cf. 4158/4358 - Employee Security)

(cf. 5144.1 - Suspension and Expulsion/Due Process) Legal Reference:

ALASKA STATUTES

AS 14.09.025 Drug Testing for School Bus Drivers

AS 17.38.120 Employers, driving, minors and control of property

FEDERAL LAW

Omnibus Transportation Employee Testing Act of 1991 The Drug-Free Workplace Act of 1989

The Drug-Free Schools and Communities Act of 1986, as amended

International Brotherhood of Teamsters v. Dept. of Transportation, 932 F.2d 1292 (1991).

Revised 3/2015

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4021 - ALL PERSONNEL - DRUG AND ALCOHOL TESTING FOR SCHOOL BUS DRIVERS

School bus drivers employed by the district are subject to drug and alcohol testing pursuant to a program that complies with state and federal law. These district regulations reflect several requirements of the federal drug testing regulations but are not intended to modify or limit the procedures for drug and alcohol testing specifically addressed in state or federal law. District personnel will adhere to the detailed provisions of these laws in administering the district's testing program.

Definitions

For purposes of these regulations, the term "tests" includes both drug and alcohol tests, unless specifically stated otherwise, in context.

The terms "drugs" and "controlled substances" have the same meaning and are interchangeable in these regulations.

"Safety-sensitive functions" include all on-duty functions performed from the time a driver begins work or is required to be ready to work until the driver is relieved from work and all responsibility for performing work as a driver. These functions include by way of example, driving, waiting to be dispatched, inspecting and servicing equipment, supervising, performing or assisting in loading and unloading, repairing or obtaining and waiting for help with a disabled vehicle, performing driver requirements related to accidents, and performing any other work for the district.

Prohibited conduct

Drivers shall be prohibited from any drug or alcohol use that could affect performance on the job, including use during the four hours before driving, during any period of time the employee is driving, and during the eight hours following an accident, should one occur.

Any driver required to use a controlled substance during any of these periods shall obtain in advance a written statement from a qualified physician instructing the employee to use the controlled substance and advising the employee that the substance does not adversely affect the employee's ability to safely operate a school bus or other motor vehicle. It is the employee's responsibility to submit this document to the employee's supervisor prior to using the controlled substance during any of the prohibited periods described above, and to use the substance in accordance with the physician's instructions.

REQUIRED TESTING

Pre-employment tests

Drug and alcohol tests will be required of an applicant for a position as a bus driver only after the individual has been offered the position. Pre-employment tests shall be conducted before the first time a driver performs any safety-sensitive function for the district. Employment with the district is conditional upon the applicant successfully passing these tests.

Unless otherwise prohibited by law, exceptions may be made for drivers who have had the alcohol test required by law within the previous six months and participated in the drug testing program required by law within the previous 30 days, provided that the district has been able to make all verifications required by law.

Post-accident tests

Before any employee may operate a school bus, the district will provide the employee with information concerning post-accident testing procedures. Alcohol and drug tests will be conducted as soon after an accident as is practicable on any driver who:

1. was performing a safety-sensitive function with respect to the vehicle and the accident involved serious injury or the loss of human life.
2. received a citation under any state or local law for a moving traffic violation arising out of the accident.

Drivers shall make themselves readily available for drug and alcohol testing after an accident, absent the need for immediate medical attention. No driver involved in any accident, whether or not there was serious injury or death, may use alcohol or a controlled substance for eight hours after the accident, or until the employee has undergone a drug and alcohol test, whichever is first.

If an alcohol test is not administered within two hours after the accident, or a drug test is not administered within 32 hours after the accident, the district will prepare and maintain records explaining why the test was delayed or not conducted.

Reasonable suspicion tests

Whenever a supervisor or district official has a reasonable suspicion that a bus driver has violated the district's prohibitions against the improper use of alcohol or drugs, the district may conduct a test of that driver. This reasonable suspicion must be based on specific, contemporaneous, articulated observations concerning the driver's appearance, behavior, speech or body odors. These observations also may include indications of chronic use or the withdrawal effects of controlled substances.

Alcohol tests will be authorized for reasonable suspicion only if the required observations are made during, just before, or just after, the period of the work day when the driver must comply with these prohibitions. If an alcohol test is not administered within two hours of a determination of reasonable suspicion, the district will prepare and maintain a record explaining why a test was not conducted within that time. Attempts to conduct an alcohol test will terminate after eight hours.

A supervisor or district official who makes a finding of reasonable suspicion also must make a written record of the observations made that lead to a reasonable suspicion. This written record must be made within 24 hours of the time the test is given, or before the test results are released, whichever is first. The individual making the reasonable suspicion shall not be the individual conducting the test, unless other persons qualified to administer the test are not reasonably available and there is danger that a proper test will not be conducted.

Random test

Drug and Alcohol tests of bus drivers shall be conducted on a random basis at unannounced times throughout the year. Tests for alcohol or drugs shall be conducted just before, during or just after the performance of safety-sensitive functions. The number of random alcohol tests annually must equal 10% of the average number of driver positions. The number of random drug tests annually must equal 50% of the average number of driver positions. Drivers shall be selected by a scientifically valid random process, and each driver shall have an equal chance of being tested each time selections are made.

Return to duty tests

Prior to being permitted to return to performing safety-sensitive functions for the school district, a driver shall be administered a drug or alcohol test, as appropriate. Employees whose conduct involved misuse of drugs or alcohol may not return to duty in a safety- sensitive function until the return- to-duty drug test produces a verified negative result or the return-to-duty alcohol test produces a verified result that meets federal and district standards.

Follow-up tests

A driver who violates the district's drug or alcohol prohibition and is subsequently identified by a substance abuse professional as requiring assistance in resolving a drug or alcohol problem will be subject to unannounced follow-up testing as directed by the professional, in accordance with law.

Follow-up alcohol testing will be conducted just before, during or just after the time when the driver is performing safety sensitive functions.

Enforcement

Any driver who refuses to submit to a post-accident, random, reasonable suspicion or follow-up test shall not perform or continue to perform safety-sensitive functions.

Drivers who test positive for alcohol or drugs in violation of this policy or law shall be subject to disciplinary action up to, and including, dismissal.

Records

Employee drug and alcohol test results and records shall be maintained under strict confidentiality and released only in accordance with law. Upon written request, a driver shall receive copies of any records pertaining to the employee's use of drugs or alcohol, including any records pertaining to the employee's drug or alcohol tests.

Records shall be made available to a subsequent employer or other identified persons only as permitted by law and expressly requested, in writing, by the driver.

Notifications

Each driver shall receive copies of educational materials that explain the requirements of the Code of Federal Regulations (CFR), Title 49, Part 382, together with copies of any other required materials and a copy of the district's policy and regulations for meeting these requirements. Representatives of employee organizations shall be notified of the availability of this information. The information shall identify:

1. the person designated by the district to answer driver questions about the materials;
2. the categories of drivers who are subject to the Code of Federal Regulations, Title 49, Part 382;
3. sufficient information about the safety-sensitive functions performed by drivers to make clear what period of the work day the driver is required to comply with Part 382;
4. specific information concerning driver conduct that is prohibited by Part 382;
5. the circumstances under which a driver will be tested for drugs and alcohol under Part 382;
6. the procedures that will be used to test for the presence of drugs and alcohol, protect the driver and the integrity of the testing processes, safeguard the validity of test results and ensure that test results are attributed to the correct driver;
7. the requirement that a driver submit to drug and alcohol tests administered in accordance with Part 382;
8. an explanation of what constitutes a refusal to submit to a drug or alcohol test and the attendant consequences;
9. the consequences for drivers found to have violated the drug and alcohol prohibitions of Part 382, including the requirement that the driver be removed immediately from safety-sensitive functions and the procedures for referral, evaluation and treatment;
10. the consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04; and
11. information concerning the effect of drugs and alcohol on an individual's health, work and personal life; sign and symptoms of a drug or alcohol problem (the driver's or a coworker's), and available methods of intervening when a drug or alcohol problem is suspected, including confrontation, referral to an employee assistance program or referral to management.

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

Before any employee operates a commercial motor vehicle for the school district, the district shall provide the employee with post-accident procedures that will make it possible for the employee to comply with post-accident testing requirements.

Prior to performing drug and alcohol tests, the district shall inform drivers that the tests are given pursuant to the Code of Federal Regulation, Title 49, Part 382. This notice shall be provided only after the compliance date specified in law.

The district shall notify a driver of the results of a pre-employment drug test if the driver requests such results within 60 calendar days of being notified of the disposition of the employee’s employment application.

The district shall notify a driver of the results of random, reasonable suspicion and post- accident drug tests if the test results are verified positive. The district shall tell the driver which controlled substances were verified as positive.

Revised 1/09

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4030 NONDISCRIMINATION IN EMPLOYMENT

The district and its employees shall not unlawfully discriminate against or harass employees or job applicants on the basis of sex, race, color, religion, national origin, ancestry, age, marital status, changes in marital status, pregnancy, parenthood, physical or mental disability, Vietnam era veteran status, genetic information, or good faith reporting to the board on a matter of public concern.

The district may provide optional wellness programs to seek to improve health or prevent disease. All wellness programs must be in accord with applicable state and federal law. An employee may not be discriminated against in employment because of the medical information they provide as part of participating in the wellness program, nor may they be subject to retaliation for choosing not to participate.

(cf. 4119.11 - Sexual Harassment)

(cf. 4161.4 – Family and Medical Leave)

Equal opportunity shall be provided to all employees and applicants in every aspect of personnel policy and practice. The district shall not discriminate against persons with physical or mental disabilities who, with or without reasonable accommodation, can perform the essential functions of the job in question.

(cf. 0411 – Service Animals)

(cf. 4119.41 - Employees with Infectious Disease)

The Superintendent or designee shall publicize this policy annually throughout the district and the community.

(cf. 1312.3 - Complaints Concerning Discrimination)

(cf. 4111.1 - Affirmative Action)

Legal Reference:

ALASKA STATUTES

14.18.010 Discrimination based on sex and race prohibited

14.18.020 Discrimination in employment prohibited

14.18.090 Enforcement by state board of education and early development

18.80.220 Unlawful employment practices

39.90.100 Nondiscrimination – Protection for whistleblowers

ALASKA ADMINISTRATIVE CODE

4 AAC 06.510 Discrimination in hiring practices

UNITED STATES CODE

29 U.S.C. 621-634 Age Discrimination In Employment Act

29 U.S.C. 791 et seq. Vocational Rehabilitation Act of 1973, Sections 503 and 504

38 U.S.C. 2011 et seq. Vietnam Era Veterans' Act

42 U.S.C. Ch. 21F Prohibiting Employment Discrimination on the Basis of Genetic Information

42 U.S.C. 2000d-200d-7 Title VI of the Civil Rights Act

42 U.S.C. 2000e-2000e-17 The Equal Employment Opportunities Act

42 U.S.C. 12101-12213 Americans With Disabilities Act

CODE OF FEDERAL REGULATIONS

29 C.F.R. §1635.8 Acquisition of genetic information

Revised 3/2017

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4040 - ALL PERSONNEL - HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA PRIVACY POLICY)

HIPAA Coverage

The district has determined that certain functions of the district are covered functions, making the district a covered entity under HIPAA. The district is covered in [one/two] [way/ways]. The district is a "health plan" as defined by HIPAA, and/or the district is a "health care provider" as defined by HIPAA. The district declares itself to be a "hybrid entity," which means that only the covered functions of the district's operations (i.e., group health plan) are subject to HIPAA.

Implementation Procedures For Health Plan Records

In order to comply with HIPAA's privacy standards, the District has taken the following steps:

1. Contact Person. The district has designated the [insert job title, i.e., Business Manager, Benefits Specialist] as the contact person responsible for receiving complaints about HIPAA compliance and providing additional information about the district's HIPAA practices and procedures.
2. Privacy Officer. The district has designated the [insert job title, i.e., Business Manager, Benefits Specialist] as the Privacy Officer for HIPAA purposes. The Privacy Officer is responsible for developing and implementing privacy policies and procedures for the district, training district staff, and monitoring compliance. The Privacy Officer shall also be responsible for receiving complaints about HIPAA violations and for providing information about matters covered by privacy notices.
3. Security of PHI Records. District officials must ensure that health plan records containing individually identifiable personal health information (PHI) are secure so that these records are readily available only to the minimum number of individuals who need them to carry out Treatment, Payment or health care Operations (TPO). The Privacy Officer shall develop reasonable administrative, technical and physical safeguards to protect the privacy of PHI. The Superintendent or designee should review these practices on a periodic basis.
4. Authorization of Disclosure of PHI. HIPAA does not require participant authorization for health plan officials to use or disclose PHI for purposes of treatment, payment or health care operations. With some exceptions, disclosure of PHI by health plan officials (except for purposes of treatment, payment or health care operations) requires written authorization signed by the individual in question. The Privacy Officer shall determine activities and transactions that require an authorization and will develop an authorization form that complies with the HIPAA Privacy Rule.
5. Notice of Privacy Practices. District officials will provide a notice to health plan participants about their privacy rights and how their PHI will be used. Such information is known as a Notice of Privacy Practices. The notice must not only be provided by the date of disclosure, except in an emergency, but the district must make a good faith attempt to obtain the individual's acknowledgment of receipt of such notice.
   Business Associates.
6. A "business associate" is an outside business that provides various administrative services or assists with the district's health plan. The district shall identify its business associates and shall enter into a written contract to safeguard PHI before the district can share PHI with the Business Associate. The deadline for having agreements in place is April 14, 2004.
7. Training. The district shall train those district employees who work in areas covered by the HIPAA Privacy Rule and who have access to PHI to follow the appropriate procedures to ensure PHI is not disclosed except as allowed by law.
8. Complaints. There shall be a complaint procedure in place whereby written complaints related to PHI and HIPAA standards may be lodged. Any complainant is entitled to a hearing before the privacy officer, who has 10 school days to rule on such complaint. If the complainant is not satisfied with the disposition of the complaint, he/she may appeal to the Superintendent or designee, who shall review the matter and make a final decision within 15 school days of receiving written notice of the appeal. The district shall not intimidate, threaten, coerce, discriminate against, or take any other retaliatory action against any individual exercising his or her HIPAA rights.

Student Records

The HIPAA Privacy Rules expressly exempt from coverage student records covered by the federal law known as the Family Educational Rights and Privacy Act (FERPA). Such records are not governed by HIPAA even if they contain individually identifiable health information.

Employee Records

The HIPAA Privacy Rule does not govern a school district's obligations as an "employer" to maintain, use or disclose medical records of its "employees." Those obligations flow from the Americans with Disabilities Act and should be dealt with in accordance with those laws. Similarly, the HIPAA Privacy Rule prohibits the district from using PHI created or received by the group health plan for employment- related functions.

Legal Reference:

Health Insurance Portability and Accountability Act of 1996, Public Law104-191, and applicable regulations

45 C.F.R. Part 160 and 164

Rev. 1/09

9/92

Adopted 3/23

Policy Reference Manual

E 4030 EMPLOYEE NOTICE - PROTECTION FOR WHISTLEBLOWERS

Any employee of the school district may in good faith report to a public official or a public body or testify before a public body about a matter of public concern.

A matter of public concern means a violation of federal, state, or local law (including School Board policy), a danger to public health or safety, gross mismanagement (including a substantial waste of funds or clear abuse of authority) or matter under investigation by the municipal ombudsman.

A report may not disclose any information which is legally required to be kept confidential.

An employee initiating a report must first submit the report to the employee's immediate supervisor unless the employee reasonably believes it would be futile to report to the supervisor, an emergency exists, or that reprisals or discrimination would result.

Employee protections and obligations regarding reports on matters of public concern are fully stated in Alaska Statute 39.90.100-150.

Added 9/93

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4111 - CERTIFICATED PERSONNEL - RECRUITMENT AND SELECTION

The district shall employ the most highly qualified person available for each open position. The Superintendent or designee shall develop recruitment and selection procedures to ensure that every effort is made to find and hire fully qualified teachers for all classrooms, which include:

1. Assessment of the district's needs to determine those areas where specific skills, knowledge and abilities are lacking.
2. Development of job descriptions which accurately portray the position, including requirements that a teacher be qualified in accordance with federal and state law.
3. Dissemination of vacancy announcements to ensure a wide range of candidates, when necessary.
4. Screening procedures which will identify the best possible candidates for interviews.
5. Interview procedures which will determine the best qualified candidate for recommendation to the School Board.

Staff members involved in the selection process shall recommend only those candidates who meet all qualifications established by law and the School Board for a particular position. Nominations for employment shall be based upon appropriate screening devices, interviews, observations, recommendations from previous employers and any requirements of applicable collective bargaining agreements.

Before considering the hire of a certificated staff member who is currently under contract in another district, the Superintendent or designee will require the certificated staff to provide written documentation that he/she: (1) has made an effort to secure a release from the employing district thirty calendar days prior to the employing district's first contract day; or, (2) has secured a written release from the employing district.

(cf. 4112.8 - Employment of Relatives)

In evaluating applicants, preference shall be given to those applicants who can demonstrate training and experience related to the traditions and cultures represented in the student population.

(cf. 4030 - Nondiscrimination in Employment)

(cf. 4111.1/4211.1/4311.1 - Affirmative Action)

(cf. 4111.2/4211.2/4311.2 – Legal Status Requirement)

No person shall be employed by the School Board without the recommendation or endorsement of the Superintendent or designee. The School Board shall be presented with the Superintendent or designee's recommended candidate who may be selected or rejected by the School Board. If the candidate is rejected, the Superintendent or designee shall recommend subsequent candidates until the School Board selects someone to fill the position. The School Board shall make the final decision on the selection of all employees.

(cf. 6181 - Charter School)

The School Board recognizes that the district encompasses rural areas and will assist teachers in obtaining information regarding the cost and availability of housing as required by law.

Legal Reference:

ALASKA STATUTES

14.08.111 Duties (regional school boards)

14.14.090 Additional duties

14.20.010 Teacher Certificate Required

14.20.022 Subject-matter expert limited teacher certificate

14.20.035 Evaluation of training and experience

14.20.100 Unlawful to require statement of religious or political affiliation

14.20.110 Penalty for violation of AS 14.20.100

ALASKA ADMINISTRATIVE CODE

4 AAC 04.210, 04.212 and 06.899(6) Highly Qualified Teachers and Objective Uniform Standards

6 AAC 30.810 Employer records

6 AAC 30.840 Retention of records

UNITED STATES CODE

Every Child Succeeds Act, 20 U.S.C. 6301, et. Seq. (P.L. 114-95 December 10, 2015)

Revised 3/2016

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4111.1/4211.1/4311.1 - ALL PERSONNEL - AFFIRMATIVE ACTION

The Superintendent or designee shall determine whether the following groups are underrepresented within the district work force based on the relevant job market: men, women, whites, blacks, Hispanics, Asians, American Indians or other minorities. Where under-representation exists, the affirmative action program shall specify remedial action to be taken, including hiring goals and timetables.

The Superintendent or designee shall maintain an affirmative action program as required by law. The affirmative action program shall be temporary and shall be fashioned in response to a demonstrated need for remedial action. The Superintendent or designee shall update the affirmative action program not less than every five years. The program shall not unnecessarily hinder the employment of any group member.

The Superintendent or designee shall publicize this policy throughout the district and the community.

The Superintendent or designee shall report to the School Board annually regarding the extent to which program goals are being achieved.

(cf. 4030 - Nondiscrimination in Employment) Legal Reference:

ALASKA STATUTES

14.18.070 Affirmative action

ALASKA ADMINISTRATIVE CODE

4 AAC 06.510 Discrimination in hiring practices

VOCATIONAL REHABILITATION ACT OF 1973

29 U.S.C. 794

AGE DISCRIMINATION IN EMPLOYMENT ACT

29 U.S.C. 621-624

VIETNAM ERA VETERANS' ACT 38 U.S.C. 2012 et seq.

United Steel Workers v. Weber 443 U. S. 193 (1979)

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4111.2/4211.2/4311.2 - PERSONNEL - LEGAL STATUS REQUIREMENT

The district shall hire only citizens and aliens who are lawfully authorized to work in the United States. The district will verify the identity and employment eligibility of all individuals hired to work. The district will not continue the employment of an individual upon knowledge that he or she is no longer lawfully authorized to work in the United States.

District employment practices shall not discriminate on the basis of citizenship status or national origin, nor shall they discriminate against any refugees, grantees of asylum, or persons qualified for permanent or temporary residency.

(cf. 4111/4211 - Recruitment and Selection)

All new employees shall show appropriate documents which certify that they are legally eligible to work in the United States, as required by law. Nothing in this policy is intended to preclude the employment of teachers under the Exchange Visitor program in 22 C.F.R § 62.24.

Legal Reference:

UNITED STATES CODE

8 U.S.C. 1324 Immigration and Nationality Act, as amended by Immigration Reform and Control Act of 1986 and Immigration Act of 1990

CODE OF FEDERAL REGULATIONS

8 C.F.R. Part 274(a) Control of Employment of Aliens

22 C.F.R. §62.24 Teachers

Revised 3/2017

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4111.2/4211.2/4311.2 - ALL PERSONNEL - LEGAL STATUS REQUIREMENT

When being hired by the district for any kind of work, prospective employees shall be informed that they will be asked, within three days of employment, to show documents which certify their work eligibility and identity. Persons employed for three days or less must provide such documentation on their first day. This documentation may consist of one item in group A below, or two items, one from group B and one from group C below.

Group A - Documents Establishing Both Work Authorization and Identity

1. A United States passport, unexpired or expired.
2. A Certificate of U.S. Citizenship (INS Form N-560 or N-561).
3. A Certificate of Naturalization (INS Form N-550 or N-570).
4. An unexpired foreign passport with I-551 stamp or attached INS Form I-94 indicating unexpired employment authorization.
5. An Alien Registration Receipt Card with photograph (INS Form I-151 or I-551).
6. An unexpired Temporary Resident Card (INS Form I-688).
7. An unexpired Employment Authorization Card (INS Form I-688A).
8. An unexpired Reentry Permit (INS Form I-327).
9. An unexpired Refugee Travel Document (INS Form I-571).
10. An unexpired Employment Authorization Document issued by the INS which contains a photograph (INS Form I-688B).

Group B - Documents Establishing Identity

1. A driver's license or ID card issued by a state or outlying possession of the United States, provided it contains a photograph or information such as name, date of birth, sex, height, eye color and address.
2. An ID card issued by federal, state or local government agencies or entities. provided it contains a photograph or information such as name, date of birth, sex, height, eye color and address.
3. A school ID card with a photograph.
4. A voter's registration card.
5. A U.S. military card or draft record.
6. A military dependent's ID card.
7. A U.S. Coast Guard Merchant Mariner Card.
8. Native American tribal documents.
9. A driver's license issued by a Canadian government authority.

Group C - Documents Establishing Work Eligibility

1. A U.S. Social Security card issued by the Social Security Administration, other than one stating it is not valid for employment.
2. Certification of Birth Abroad issued by the Department of State (Form FS-545 or Form DS- 1350).
3. An original or certified copy of a birth certificate issued by a state, county, municipal authority or outlying possession of the United States, bearing an official seal.
4. A Native American tribal document.
5. A U.S. Citizen ID Card (INS Form I-197).
6. An ID Card for use of Resident Citizen in the United States (INS Form I-179).
7. An unexpired employment authorization document issued by the INS, other than those listed in Group A.

If a minor has a work authorization document but does not have any of the identity documents in Group B, he/she may establish identity by means of a school record or report card; clinic, doctor or hospital record; or a day-care or nursery school record. Lacking any of these, he/she still may work, provided that a parent/guardian completes Section 1 of Form I-9 for the minor. In the space for the minor's signature, the parent/ guardian must write "minor under age 18." The parent/guardian also must complete the "Preparer/Translator Certification" section. In Section 2 under List B after the words "Document #," the personnel officer should write "minor under age 18."

If unable to provide satisfactory documentation, the employee shall furnish a receipt indicating that the needed document has been requested. This receipt must be presented within three days of the hire, and the document itself must be provided within 90 days of the hire.

The personnel officer shall examine the documents presented and record the expiration date as it appears on all work authorization permits. This expiration information shall be subsequently flagged so as to remind the personnel officer to verify that the permit has been renewed and that the employee is still eligible to work.

Should an employee present two documents on which the individual's name is not the same, the personnel officer shall ask to see documentation of name change, such as would be provided by a marriage license, divorce papers, court order or other legal document verifying the name change.

After examining the documents presented, the personnel officer shall copy them. Such copies shall be kept confidential and used only as needed to help justify the district's past decision to accept the documents as valid.

To protect full confidentiality, the personnel officer shall seal these copies in an envelope on which the following message has been printed:

The enclosed documents, provided only to verify work eligibility for (name of employee), were examined on (date) by (signature) . This sealed envelope may be opened only by the Superintendent or designee. Refer to BP/AR 4111.2/4211.2/4311.2 for current regulations.

(cf. 4112.6/4212.6/4312.6 - Personnel Records)

The personnel officer shall ask the employee to complete and sign INS Form I-9. The form must be the Revised version released by the INS on November 14, 2016.

The personnel officer shall complete and sign the I-9 form and shall assure that it is kept until a full year after the employee leaves the job.

All I-9 forms shall be kept together in a separate file for at least three years from the hiring date. Where the employment extends longer, the I-9 shall be kept for the life of employment and for one year following termination of employment. I-9 forms shall be kept for all employees hired after November 6, 1986.

I-9 forms shall be available for inspection upon request by officers of the Immigration and Naturalization Service or the Department of Labor. Other personnel documents shall not be made available to government agents unless they present a warrant or subpoena.

The Superintendent or designee shall open the sealed envelope containing copies of an employee's work authorization documents only in connection with inquiries by the INS.

In order to avoid the loss of any employer rights, all communications received from the Immigration and Naturalization Service shall be answered within 30 days.

Revised 3/2017

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.1 - CERTIFICATED PERSONNEL - CONTRACTS

After January 1, the School Board may issue teacher contracts for the following school year. Contracts shall be approved by the School Board and signed by at least two School Board members.

The School Board shall give or mail reemployment contracts to teachers who are not dismissed or given notice of nonretention or layoff in accordance with law. If an employee fails to notify the Superintendent or designee within 30 days after receipt of a contract of reemployment that he/she accepts reemployment, the School Board shall consider the employee to have declined reemployment and shall terminate the employee's services at the expiration of the existing contract. An employee on family leave must comply with the 30-day deadline.

(cf. 4117.4 - Dismissals) (cf. 4117.6 - Nonretention)

(cf. 4119.21 - Code of Ethics)

Legal Reference:

ALASKA STATUTES

14.20.130 Employment of teachers and administrators

14.20.145 Automatic Reemployment

14.20.158 Continued contract provisions

14.20.010 Teacher certificate required

14.20.020 Requirements for issuance of certificate

14.20.120 Statement of qualifications

14.20.215 Definitions

14.20.620 - 14.20.650 Interstate agreement on qualification of educational personnel

14.30.250 Teacher qualifications ALASKA 4 AAC 05.080 School curriculum and personnel

4 AAC 12.300-4 AAC 12.900 Certification of professional personnel

4 AAC 18.010 Teachers' and administrators' contracts

4 AAC 18.021 Employment of substitute teachers

Revised 4/2014

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.4/4212.4/4312.4 - ALL PERSONNEL - HEALTH EXAMINATIONS

Employees may be required to pass a physical and/or psychological examination any time such an examination appears necessary to preserve the health and welfare of district students and employees, or to furnish medical proof of physical or mental ability to perform satisfactorily the assigned duties of an individual's position, or as a condition of employment.

(cf. 4119.41 - Employees with Infectious Disease)

Legal Reference:

ALASKA STATUTE

14.30.075 Physical examinations for teachers

ALASKA ADMINISTRATIVE CODE

4 AAC 18.010 Teachers' and administrators' contracts

Revised 3/2018

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.5/4212.5/4312.5 - ALL PERSONNEL - SECURITY CHECK

The School Board desires to hire personnel whose background and behavior exemplifies a standard deemed appropriate for individuals working with children. Effort will be made to investigate the background of applicants prior to hire in the district. This investigation will include questions related to an applicant's background and criminal history and may include a fingerprint check.

Falsification of information during the interview or on the application shall be grounds for immediate removal from consideration for a position or dismissal from a currently held position.

Revised 9/01

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4112.5/4212.5/4312.5 - ALL PERSONNEL - SECURITY

1. No individual will be hired by the district until a background investigation has been completed. Under emergency circumstances, the Superintendent or designee can waive this requirement to allow someone to work until the investigation is complete.
2. No person who has ever been convicted or plead guilty or no contest (including forfeiture of bail) to a crime involving violence or sexual abuse will be hired by the district.
3. No person who has been convicted, or plead guilty or no contest (including forfeiture of bail) to a felony or (2) a crime or other violation involving a controlled substance within the five years preceding the application, will be hired by the district. If more than five years have elapsed since the crime or violation, a person may apply pursuant to the following paragraph.
4. Applications from persons who have been convicted or plead guilty or no contest (including forfeiture or bail) to any crime or violation (excluding minor traffic violations) not covered in (2) nor (3) will be considered by the Superintendent or designee on a case by case basis and notice given to the School Board prior to hire or being hired by the district.
5. If charges are pending, no action will be taken on the individual's application until disposition of the charges.

Revised 9/01

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.6/4212.6/4312.6 - ALL PERSONNEL - PERSONNEL RECORDS

Personnel records shall be kept for all current employees and shall include information usually expected in good personnel administration. Records shall be kept for all former employees, including such information as shall seem appropriate to the administration.

(cf. 1340 - Access to District Records)

(cf. 3580 - District Records)

(cf. 1312.1 - Complaints Concerning Personnel)

All personnel files are confidential and shall be available only to the employee, persons authorized by the employee, the Superintendent or designee, and those individuals authorized by the Superintendent or designee or School Board in accordance with administrative procedures. School Board members may request to review an employee's file at a personnel session of the School Board.

Employees shall be notified whenever derogatory information is to be placed in their personnel files. Employee may review and comment on the contents of this personnel file. Personnel records shall be made available for inspection by the employee at an off-duty time. Inspection shall take place in the presence of an administrator.

Legal Reference:

ALASKA STATUTES

40.25.120 Inspection and copying of public records

23.40.070 Declaration of Policy (PERA)

14.20.149 Employee Evaluation

ALASKA ADMINISTRATIVE CODE

4 AAC 19.040 Use of the evaluation

Municipality of Anchorage v. Anchorage Daily News, 794 P.2d 584 (Alaska 1990)

City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982)

Revised 1/09

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.61 - ALL PERSONNEL - EMPLOYMENT REFERENCES

The School Board desires to provide information about district employees to prospective employers to the extent that such information is factual and does not violate an employee's privacy rights.

The Superintendent or designee is responsible for processing all requests for references, letters of recommendation, or information about employee performance, including the causes or reasons for separation regarding all district employees other than the Superintendent.

References which are not secured through the Superintendent or designee reflect the personal views or opinions of the author and do not reflect the views of the District.

(cf. 4112.6 - Personnel Files)

(cf. 4117.5 - Termination Agreements)

Legal References:

ALASKA STATUTES

AS 09.65.160 Job References

Revised Date: 3/2019

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.8/4212.8/4312.8 - ALL PERSONNEL - EMPLOYMENT OF RELATIVES

In order to preclude situations which could bring about a conflict of interest for members of the administrative staff, an employee shall not be appointed to a position where a member of his/her immediate family maintains supervisory or evaluation responsibilities for the position. Immediate family members may be employed at the same department or work location with the approval of the Superintendent or designee.

The School Board recognizes that factors such as remote locations and a lack of qualified job applicants may justify the employment of family members of the Superintendent or designee or School Board.

An immediate family member of a School Board member may be employed by the district if he/she is the most qualified applicant, has been approved by the School Board, and such employment has received the written approval of the Commissioner of Education. An immediate family member of the Superintendent or designee may be employed by the district with written approval of the School Board. (AS 14.14.140)

(cf. 9270 - Conflict of Interest)

Legal Reference:

ALASKA STATUTES

14.14.140 Restriction on employment

 ALASKA ADMINISTRATIVE CODE

4 AAC 18.031 Employment of members of immediate families of school board members

4 AAC 18.900 Definitions

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4112.10 EMPLOYMENT OF RETIRED TEACHERS

It is the policy of the Board that teacher vacancies be filled in a timely manner by qualified personnel. The District administration is authorized to employ retired teachers in accordance with AS 14.20.136 in cases of teacher shortages, and to notify the Administrator of the Teachers’ Retirement System that it is hiring retired teachers pursuant to that statutory provision.

The hiring of retired teachers is authorized in those disciplines or specialties in which a shortage of teachers exists despite active recruitment efforts. A shortage is deemed to exist for those open positions that the administration has been unable to fill with qualified candidates, despite recruitment, public advertising for at least 10 business days, interviews, and the offering of positions to qualified candidates, if any.

(cf. 4111 Recruitment and Selection)

Legal Reference

ALASKA STATUTES

14.20.136 Employment of member of teachers’ retirement system

14.25.043 Reemployment of retired members

14.20.165 Restoration of tenure rights

Added 8/2020

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4113 - CERTIFICATED PERSONNEL - ASSIGNMENT

The School Board respects the importance of assigning teachers in accordance with law, so as to serve the best interests of our students and the educational program. The Superintendent or designee may assign certificated personnel to any position for which their preparation, certification, experience and aptitude qualify them. Teachers may be assigned to any school within the district. Teachers shall not be assigned outside the scope of their teaching certificates or their fields of study except as allowed by law.

(cf. 4112.8 - Employment of Relatives)

The assignment of certificated personnel shall comply with applicable collective bargaining provisions.

Legal Reference:

ALASKA STATUTES

14.20.147 Transfer or absorption of attendance area or federal agency school

14.20.148 Intradistrict teacher assignment

14.20.158 Continued contract provisions

23.40.070 Declaration of policy (PERA)

UNITED STATES CODE, TITLE 20

Every Student Succeeds Act, P.L. 114-95

Revised 4/2022

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4115 - EVALUATION/SUPERVISION

The School Board believes that evaluations can provide important information relevant to employment decisions, can help staff improve their professional skills, can improve the effectiveness of instruction, and raise student achievement levels. In accordance with the district’s certificated employee evaluation system, the Superintendent or designee shall evaluate certificated personnel annually, including teachers, administrators, and special service providers. The evaluation system shall evaluate whether the certificated employee is exemplary, proficient, basic, or unsatisfactory on applicable content standards and in overall performance. The district’s certificated employee evaluation system will incorporate those procedures and mandates required by law.

The district shall provide annual in-service training to all certificated employees subject to the evaluation system. The training will assure inter-rater reliability and address the evaluation procedures, the standards used by the district in evaluating performance, and other information that may be helpful to a thorough understanding of the evaluation system.

A certificated employee has a right to timely comment on the evaluation and may not be retaliated against for doing so.

The certificated employee evaluation system will be periodically reviewed. The district will consider input from students, parents, community members, classroom teachers, affected collective bargaining units, and administrators. The district will make a form, template, or checklist that the district uses in the evaluation of certificated employees available to the public, including posting the form, template, or checklist on the district’s website. The posting will explain how the district has considered the input of these groups in the design of the evaluation system.

(cf. 4116 - Probationary/Permanent Status) (cf. 4117.4 - Dismissal)

(cf. 4117.6 - Nonretention)

(cf. 4315.1 - Competence in Evaluation of Teachers)

Legal Reference:

ALASKA STATUTES

14.20.149 Employee Evaluation

23.40.070 Declaration of policy (PERA)

 ALASKA ADMINISTRATIVE CODE

4 AAC 19.010-4 AAC 19.099 Evaluation of professional employees

4 AAC 04.200 Professional content and performance standards

4 AAC 04.205 District performance standards

Revised 3/2017

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4116 CERTIFICATED PERSONNEL – NONTENURED/TENURED STATUS

The School Board recognizes that new teachers need training, assistance and evaluations designed to increase their competency as teachers and to ensure that the best qualified staff is retained by the district.

(cf. 4115 - Evaluation)

(cf. 4117.4 - Dismissal)

(cf. 4117.6 - Nonretention)

(cf. 4131 - Staff Development)

A nontenured teacher who has been employed by the district continuously for three consecutive school years and who is offered a contract for the next succeeding school year shall achieve tenure in the district at the beginning of the fourth year, provided the teacher performs a day of teaching services in the fourth year, and further provided the teacher received a satisfactory performance evaluation in the third year.

(cf. 4112.10 Employment of Retired Teachers)

A teacher who has acquired tenure in the district but loses tenure because of a break in service may reacquire tenure if the break in service was not the result of dismissal or nonretention and did not last longer than one year. A teacher returning from a break in service not lasting longer than one year will reacquire tenure at the beginning of the second consecutive year of reemployment, provided the teacher performs a day of teaching services in the second year, and further provided the teacher received an acceptable performance evaluation.

A teacher who has acquired tenure in another district will acquire tenure in this district if the teacher's break in service was not the result of dismissal or nonretention and did not last longer than one year. A previously tenured teacher who has been employed by the district continuously for two consecutive school years and who is then offered a contract for the next succeeding school year shall achieve tenure at the beginning of the third year, provided the teacher performs a day of teaching services in the third year, and further provided the teacher received a satisfactory performance evaluation in the second year.

Legal Reference:

ALASKA STATUTES

14.20.010 - .040 Teacher certification

14.20.147 Transfer or absorption of attendance area or federal agency school

14.20.150 Acquisition of tenure rights

14.20.155 Effect of tenure rights

14.20.160 Loss of tenure rights

14.20.165 Restoration of tenure rights

14.20.210 Authority of school board or department to adopt by laws

14.20.215 Definitions

ALASKA ADMINISTRATIVE CODE

4 AAC 12.010 - .900 Certification of professional teachers

4 AAC 18.027 Acquisition of tenure rights: less than full-time teachers

4 AAC 18.900 Definitions

Fairbanks North Star Borough School District v. NEA - Alaska, 817 P.2d 923 (Alaska 1991)

State v. Redman, 491 P.2d 157 (Alaska 1971)

Revised 1/03

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4117.2 - CERTIFICATED PERSONNEL - RESIGNATION

Resignations shall be submitted in writing and directed to the School Board in care of the Superintendent. The employee shall specify the requested date of resignation. The Board shall fix the effective date of resignation which may not be later than the close of the school year.

The resignation does not become effective until it has been formally approved by the Board and may be withdrawn by the employee prior to Board action.

A certificated staff member should provide notice as early as possible to the district when the staff member knows that he or she does not plan to return for the following school year. The district may agree to release a certificated staff member who has signed a contract, provided notice is given to the district, in writing, post-marked thirty calendar days prior to the staff member's first contract day of the school year OR on or before June 30th].

If a request to release a certificated staff member from his or her contract is made when fewer than thirty calendar days remain before the staff member's first contract day, or anytime thereafter OR after June 30th, the district will consider filing a Professional Teaching Practices Commission (PTPC) complaint. When considering if the filing of a PTPC complaint is warranted, the district will weigh any mitigating circumstances including, but not limited to, factors impacting the staff member's family or health, factors related to the staff member's employment or working conditions, or unforeseen changes in the circumstances impacting the staff member's ability to continue employment with the district.

If a certificated staff member is currently under contract with the district and the district learns the staff member has contracted with another district without obtaining a written release, the district will consider a PTPC complaint against the staff member.

The district will not contract with a certificated staff member under contract with another district unless the staff member provides a written release from the current employer. If the district contracts with a certificated staff member who has not disclosed that he/she is under contract with another school district, the district reserves the right to terminate the contract for material misrepresentation and to file a PTPC complaint.

Legal Reference

ALASKA ADMINISTRATIVE CODE

4 AAC 18.010 Teachers' and administrators' contracts

Revised 2/11

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4117.3 - CERTIFICATED PERSONNEL - PERSONNEL REDUCTION

The School Board may determine that a reduction in certificated personnel is necessary due to declining enrollment or due to a reduction in the district's basic need in an amount established by law.

The School Board shall authorize the Superintendent or designee to lay off employees in accordance with law, district procedures, and any applicable collective bargaining provisions.

(cf. 4117.6 - Nonretention)

Prior to layoff of any tenured teacher, the School Board shall adopt a layoff plan. The plan will identify academic and other programs the district will maintain in implementing the plan. The plan will also include procedures for layoff and recall of tenured teachers.

Any tenured teacher laid off pursuant to the School Board's layoff plan is entitled to a hiring preference for three years following the layoff. The hiring preference applies to vacant teaching positions for which the teacher is qualified. A teacher who declines an offer of employment from the district will lose the hiring preference unless the teacher is contractually bound to teach elsewhere.

Legal Reference:

ALASKA STATUTES

14.20.140 Notification of nonretention

14.20.145 Automatic re-employment

14.20.175 Nonretention

14.20.177 Reductions in force

14.20.180 Procedure and hearing upon notice of dismissal or nonretention

14.20.215 Definitions

23.40.070 Declaration of Policy (PERA)

 ALASKA ADMINISTRATIVE CODE

4 AAC 18.010 Teachers' and administrators' contracts

Revised 2/06

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4117.3 - CERTIFICATED PERSONNEL - PERSONNEL REDUCTION/LAY OFF PLAN

Any reduction in staff which is required should be undertaken so as to minimize disruption to the education program and to the provision of instructional services to students, and should cause the least deviation from the present assignment of personnel. The terms "reduction in certificated staff" or "layoff" refer to action the district takes to reduce the number of certificated staff due to decreased enrollment and/or due to a reduction in the district's basic need in an amount established by law.

Position Categories

The following categories and specialties are established to ensure the qualifications of personnel assigned to retained positions:

Elementary teachers will be considered for retention in one category.

Secondary teachers (7-12) will be considered for retention by teaching specialties, such as Math, Science, Language Arts, Social Studies, Vocational Education (Industrial Arts, Home Economic, Vocational Business, Vocational Agriculture), or combination thereof.

Other certificated staff members will be considered for retention according to their specialties, which will include:

1. Music
2. Technology
3. Special Education
4. Librarian
5. Physical Education
6. Speech Pathology
7. Art

Qualifications

Each teacher, in accordance with criteria set forth in Section 3 below, will be considered for retention in the category of specialty appropriate to the position he or she holds at the time of the implementation of these procedures; and, in addition, in such other categories or specialties as any teacher may designate in writing to the Superintendent or designee, provided that in order to qualify for consideration in any such category, the employee must have:

1. For positions in grades K-8, an elementary endorsement.
2. For positions in middle school:
3. An elementary endorsement;
4. a secondary certificate with a subject area endorsement in the area of assignment constituting at least 40% of the teacher's time; or
5. within the five years preceding the last date of teaching in the district, the teacher has received an evaluation indicating that the teacher's performance in the relevant subject area(s) meets the district's performance standards.
6. For positions in grades 9-12.
7. endorsement for each subject area in which the teacher will spend at least 40% of teaching time; or
8. within five years preceding the last date of teaching in the district, the teacher has received an evaluation indicating that the teacher's performance in the relevant subject area(s) meets the district's performance standards.

Implementation

Teachers shall be considered for retention in available positions within the categories or specialties for which they qualify under Section 2. In the event that there are more qualified employees than available positions in a given category or specialty, the following criteria shall be used to determine which employees shall be recommended for retention. No tenured teacher will be placed on layoff status until the district has given notice of non-retention to all nontenured teachers. However, the district may retain a nontenured teacher and place on layoff status a tenured teacher if there is no tenured teacher in the district who is qualified to replace the nontenured teacher under the criteria in Section 2 above.

Hiring Preference

All teachers who are not retained in accordance with these procedures shall be laid off and placed in an employment pool for possible re-employment for a period up to three (3) years. Teachers placed in the employment pool under this layoff plan are entitled to a hiring preference. Teachers in the pool will be given the opportunity to fill open positions within the categories or specialties identified in Section 1, for which they are qualified under Section 2. If more than one teacher is qualified for an open position, the most senior teacher shall be offered the position.

When a vacancy occurs for which a teacher entitled to a hiring preference is qualified, notification from the district to the teacher will be by certified, return receipt mail. The teacher will have thirty (30) days from the receipt of the certified letter to accept the position. If the teacher fails to accept the position offered, the teacher is no longer considered to be on layoff status and will be dropped from the reemployment pool, unless the teacher is contractually obligated to provide professional services to another district or educational program.

No new teacher shall be hired in a category or specialty identified in Section 1 until all qualified teachers in the reemployment pool category have been recalled or have declined an offer of recall.

Revised 1/04
9/92
Adopted 3/23

YFSD Policy Reference Manual

BP 4117.31 - CERTIFICATED PERSONNEL - LAYOFF/REHIRE

The School Board believes that any reduction in staff which is required should be undertaken so as to minimize disruption to the education program and to the provision of instructional services to students, and to cause the least deviation from the present assignment of personnel. The terms "reduction in certificated staff" or "layoff" refer to action the district takes to reduce the number of certificated staff due to decreased enrollment and/or due to a reduction in the district's basic need in an amount established by law.

Position Categories

The following categories and specialties are established to ensure the qualifications of personnel assigned to retained positions:

Elementary teachers will be considered for retention in one category.

Secondary teachers (7-12) will be considered for retention by teaching specialties, such as Math, Science, Language Arts, Social Studies, Vocational Education (Industrial Arts, Home Economic, Vocational Business, Vocational Agriculture), or combination thereof.

Other certificated staff members will be considered for retention according to their specialties, which will include:

1. Music
2. Technology
3. Special Education
4. Librarian
5. Physical Education
6. Speech Pathology
7. Art

Qualifications

Each teacher, in accordance with criteria set forth in Section 3 below, will be considered for retention in the category of specialty appropriate to the position he or she holds at the time of the implementation of these procedures; and, in addition, in such other categories or specialties as any teacher may designate in writing to the Superintendent or designee, provided that in order to qualify for consideration in any such category, the employee must have:

1. 1. For positions in grades K-8, an elementary endorsement.
   2. For positions in middle school:
      
      1. an elementary endorsementa secondary certificate with a subject area endorsement in the area of assignment constituting at least 40% of the teacher's time; or
      2. within the five years preceding the last date of teaching in the district, the teacher has received an evaluation indicating that the teacher's performance in the relevant subject area(s) meets the District's performance standards.
   3. For positions in grades 9-12.
      
      1. endorsement for each subject area in which the teacher will spend at least 40% of teaching time; or
      2. within five years preceding the last date of teaching in the district, the teacher has received an evaluation indicating that the teacher's performance in the relevant subject area(s) meets the district's performance standards.

Implementation

Teachers shall be considered for retention in available positions within the categories or specialties for which they qualify under Section 2. In the event that there are more qualified employees than available positions in a given category or specialty, the following criteria shall be used to determine which employees shall be recommended for retention. No tenured teacher will be placed on layoff status until the district has given notice of nonretention to all nontenured teachers. However, the district may retain a nontenured teacher and place on layoff status a tenured teacher if there is no tenured teacher in the district who is qualified to replace the nontenured teacher under the criteria in Section 2 above.

Hiring Preference

All teachers who are not retained in accordance with these procedures shall be laid off and placed in an employment pool for possible re-employment for a period up to three (3) years. Teachers placed in the employment pool under this layoff plan are entitled to a hiring preference. Teachers in the pool will be given the opportunity to fill open positions within the categories or specialties identified in Section 1, for which they are qualified under Section 2. If more than one teacher is qualified for an open position, the most senior teacher shall be offered the position.

When a vacancy occurs for which a teacher entitled to a hiring preference is qualified, notification from the district to the teacher will be by certified, return receipt mail. The teacher will have thirty (30) days from the receipt of the certified letter to accept the position. If the teacher fails to accept the position offered, the teacher is no longer considered to be on layoff status and will be dropped from the reemployment pool, unless the teacher is contractually obligated to provide professional services to another district or educational program.

No new teacher shall be hired in a category or specialty identified in Section 1 until all qualified teachers in the reemployment pool category have been recalled or have declined an offer of recall.

Added 9/99

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4117.4 - CERTIFICATED PERSONNEL - DISMISSAL

Employees shall not be deprived of their position during the school year except when cause for the dismissal can be shown. Employees shall be accorded their due process rights provided by law.

(cf. 4116 - Probationary/Permanent Status) (cf. 4117.6 - Nonretention)

Legal References:

ALASKA STATUTES

14.20.140 Notification of nonretention

14.20.145 Automatic re-employment

14.20.170 Dismissal

14.20.175 Nonretention

14.20.180 Procedure and hearing upon notice of dismissal or nonretention

14.20.205 Judicial review

14.20.215 Definitions

ALASKA ADMINISTRATIVE CODE

4 AAC 18.010 Teachers' and administrators' contracts

Nichols v. Eckers, 504 P. 2d 1359 (Alaska 1973)

Kenai Peninsula Borough Bd of Education v. Brown, 691 P. 2d 1034 (Alaska 1984)

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP  4117.5/4217.5/4317.5 - ALL PERSONNEL - TERMINATION AGREEMENTS

The School Board believes that it is incumbent upon school districts to provide a truthful account of the reasons why an employee has left district employment. The School Board therefore does not look with favor on termination settlement agreements which prevent the district from giving prospective employers this information. If a termination agreement is made, the Superintendent or designee shall inform prospective employers that such an agreement has been made and may give out information as provided for in the agreement.

(cf. 4112.61 - Employment References)

In all cases in which an employee's conduct warrants probable cause for the suspension or revocation of the employee's teaching credential, the Superintendent or designee shall report the employee's suspension, termination or resignation to the Professional Teaching Practices Commission.

Legal Reference:

Anchorage School District v. Anchorage Daily News, 779 P.2d 1991 (Alaska 1989)

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4117.6 NONRETENTION

The Superintendent or designee shall provide the School Board with his/her recommendations regarding the nonretention of certificated employees.

The School Board may decide not to rehire a nontenured employee at the end of his/her first, second or third year and give written notice of its decision to the employee at any time during the year. If the School Board does not give nontenured teachers written notice of nonretention by the last day of the school term, the employee shall be offered a contract for the following year.

Nonretention of nontenured teachers may be based on any cause deemed adequate by the Superintendent or designee or, if an informal School Board hearing is held, any cause deemed adequate by the School Board. The Superintendent or designee shall establish administrative regulations providing for an informal hearing before the School Board upon teacher request.

The nonretention of tenured teachers shall comply with the cause and procedural requirements specified in law, including notice of nonretention before May 15.

(c.f. 4112.1 - Contracts) (cf. 4117.4 - Dismissal)

(cf. 4116 - Nontenured/Tenured Status) (cf. 4117.3 - Personnel Reduction)

Legal Reference:

ALASKA STATUTES

14.20.140 Notification of nonretention

14.20.145 Automatic re-employment

14.20.175 Nonretention

14.20.180 Procedure and hearing upon notice of dismissal or nonretention

14.20.210 Authority of school board or department to adopt bylaws

Revised 4/2014

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4117.6 - CERTIFICATED PERSONNEL - INFORMAL HEARING FOR NONRETENTION OF NONTENURED STAFF

A nontenured teacher may be nonretained for any cause that the employer determines to be adequate. The following procedures shall apply to the nonretention of nontenured teachers. Unless otherwise noted, all days refer to calendar days.

1. 1. The district shall notify a nontenured teacher of nonretention in accordance with AS 14.20.140(b) and any applicable provisions of the negotiated agreement with certificated staff. Unless an earlier date is set forth in the negotiated agreement, the teacher shall be notified in writing delivered or registered mail postmarked on or before the last day of the school term.
   2. Statement of Cause. Within ten (10) days of receipt of the notification of nonretention, the teacher may submit a written request to the Superintendent or designee for a written statement of cause for the nonretention. Failure to submit a timely written request constitutes waiver of this right. On the teacher's timely written request, the Superintendent or designee shall deliver to the teacher a written statement of cause for the nonretention within ten (10) days
   3. Right to Informal Hearing. Within ten (10) days of receipt of the notice of nonretention, a nontenured teacher may submit a written request to the Superintendent or designee for an informal hearing before the School Board. Failure to submit a timely written request constitutes waiver of the right to an informal hearing. The Superintendent or designee shall schedule an informal hearing and shall inform the teacher of the date, time and place of the hearing not less than ten (10) days prior to the informal hearing.
   4. Representation. The teacher may appear individually or be represented by a person of the teacher's choosing.
   5. Hearing Procedures.
      
      1. The informal hearing shall be held in closed session, unless opened by mutual consent.
      2. The district shall record the informal hearing. On the teacher's written request, a copy shall be provided at the teacher's expense.
      3. The representatives may submit whatever written documents they feel are germane to the arguments they will present, including affidavits. No witnesses may testify, except that the teacher's representative and a representative of district administration shall have the right to make a statement or presentation to the School Board. Additionally, the teacher can speak on his or her own behalf, even if represented.
      4. Any written argument or documents that the parties expect to present at the informal hearing shall be exchanged by the parties no later than three (3) days prior to the informal hearing.
      5. The informal hearing shall be scheduled for one hour and shall proceed as follows:
         i .   administration presentation (20 min.);
         ii.  teacher presentation (20 min.);
         iii. rebuttal presentation by district (5 min.);
         iv. rebuttal by teacher (5 min.);
         v.  district closing statement (5 min.);
         vi. teacher closing statement (5 min.);
      6. The School Board may, in its discretion, vary the proceedings.
   6. Decision. Following deliberation in executive session, the School Board shall render an oral decision to affirm or revoke the notice of nonretention. The decision will be made by majority vote of the School Board members participating at the informal hearing. The School Board shall issue written notice of its decision within ten (10) days after the hearing.

Revised 2/06

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4118 - CERTIFICATED PERSONNEL - SUSPENSION/DISCIPLINARY ACTION

The School Board expects its employees to perform their duties in accordance with state law and School Board policy and administrative regulations.

(cf. 4119.21 - Codes of Ethics)

(cf. 4117.4 - Dismissal)

(cf. 4117.6 - Nonretention)

The Superintendent or designee may take disciplinary action, including verbal warning, written warning, reassignment, suspension with or without pay and dismissal, as he/she deems appropriate and may deviate from the progressive order of disciplinary actions in light of the particular facts and circumstances involved.

The Superintendent or designee shall document all disciplinary actions thoroughly and accurately and shall ensure that such actions are taken in a consistent, nondiscriminatory manner.

Certificated management and supervisory personnel who are not covered by a collective bargaining agreement are subject to the disciplinary procedures set forth in BP 4218, except for discipline involving dismissal or nonretention. The District will provide the statutory and policy rights afforded to all certificated staff for dismissal and nonretention actions.

(cf. 4218 – Dismissal/Suspension/Disciplinary Action) (cf. 4300 - Definitions)

Legal Reference:

ALASKA STATUTES

14.20.030 Causes for revocation and suspension

14.20.170 Dismissal

14.20.175 Nonretention

14.20.180 Procedures upon notice of dismissal or nonretention

ALASKA ADMINISTRATIVE CODE

20 AAC 10.020 Code of ethics and teaching standards

Revised 3/2018
9/92
Adopted 3/23

YFSD Policy Reference Manual

BP 4119.11/4219.11/4319.11 - ALL PERSONNEL - SEXUAL HARASSMENT

The School Board is committed to the elimination of sexual harassment in district schools and activities. Sexual harassment is strictly prohibited and will not be tolerated. This policy prohibits sexual harassment of students or staff by other students, staff, School Board members or third parties. "Third parties" include, but are not limited to, school volunteers, parents, school visitors, service contractors or others engaged in district business.

(cf. 4119.21 - Code of Ethics)

(cf. 4030 - Nondiscrimination in Employment) (cf. 4117.4 - Dismissal)

(cf. 9020 - Standards)

(cf. 9271 - Code of Ethics)

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. Submission to the conduct is made either an explicit or implicit condition of employment, status or promotion.
2. Submission to or rejection of the conduct is used as the basis for an employment decision affecting the harassed employee.
3. The harassment substantially interferes with an employee's work performance or creates an intimidating, hostile, or offensive work environment.
4. Submission to, or rejection of, the conduct is the basis for any decision affecting benefits, services, honors, programs or other available activities.

An employee or School Board member who feels that he/she is being harassed should immediately report the incident to the immediate supervisor of the accused employee or the appropriate personnel department official, without fear of reprisal. All complaints about behavior that may violate this policy shall be promptly investigated. The personnel department shall be informed of all such complaints and will assist in the investigation and resolution of complaints. An employee making a complaint of sexual harassment shall not be required to resolve the complaint directly with the offending person.

The initiation of a complaint in good faith about behavior that may violate this policy shall not adversely affect the terms or conditions of employment or the work environment of the complainant. There shall be no retaliation by the district against any person who, in good faith, reports, files a complaint or otherwise participates in an investigation or inquiry of sexual harassment.

It is the intent of the School Board that appropriate corrective action will be taken by the district to stop the sexual harassment, prevent its recurrence and address negative consequences. Employees in violation of this policy shall be subject to discipline, up to and including dismissal and/or additional sexual harassment awareness training, as appropriate. Other individuals whose behavior is found to be in violation of this policy shall be subject to appropriate sanctions as determined and imposed by the Superintendent or designee or School Board.

The Superintendent or designee shall ensure prompt and strict enforcement of School Board policy. (cf. 1312.3 - Public Complaints Concerning Discrimination)

(cf. 1312.1 - Complaints Concerning School Personnel)

Legal Reference:

Meritor Savings Bank, FSB v. Vinson et al., 477 U.S. 57 (1986)

Ellison v. Brady, 924 F.2d 872 (9th Cir. 1991)

Revised 1/09

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4119.12 - ALL PERSONNEL - HARASSMENT

The School Board recognizes that harassment can cause embarrassment, feelings of powerlessness, loss of self-confidence, reduced ability to perform school work, and increased absenteeism or tardiness. The School Board shall not tolerate the harassment of any student by any other student or district employee. Any student or employee who is found guilty of harassment shall be subject to disciplinary action.

Harassment means intimidation by threats of or actual physical violence; the creation by whatever means of a climate of hostility or intimidation; or the use of language, conduct, or symbols in such a manner as to convey hatred, contempt, or prejudice or to have the effect of insulting or stigmatizing an individual. Harassment includes, but is not limited to, harassment on the basis of race, sex, creed, color, national origin, religion, marital status, or disability.

(cf. 5131.43 – Harassment, intimidation and bullying)

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4119.11 – Sexual Harassment) (cf. 4119.21 – Code of Ethics)

To promote an environment free of harassment, the principal or designee shall take appropriate actions such as removing vulgar or offending graffiti, establishing site rules, and providing staff inservice or student instruction and counseling. Principals shall discuss this policy with their employees and shall assure them that they need not endure any form of harassment.

The School Board encourages students or staff to immediately report incidences of harassment to the principal or designee. The Superintendent or designee shall promptly investigate each complaint of harassment in a way that ensures the privacy of all parties concerned. In no case shall the student or staff member be required to resolve the complaint directly with the offending person.

Notice of this policy will be circulated to all district schools and departments and incorporated in teacher and student handbooks.

(cf. 0410 - Nondiscrimination in District Programs and Activities) (cf. 1312.3 - Complaints Concerning Discrimination)

(cf. 4030 - Nondiscrimination in employment)

(cf. 5141.42 - Professional Boundaries for staff and students)

Legal References:

ALASKA STATUTES

AS 14.18.010 - 14.18.100 Prohibition Against Sex and Race Discrimination

ALASKA ADMINISTRATIVE CODE

4 AAC 06.500 - 4 AAC 06.600 Prohibition of Gender or Race Discrimination

TITLE VI, CIVIL RIGHTS ACT OF 1964

TITLE IX, EDUCATION AMENDMENTS OF 1972

INDIVIDUALS WITH DISABILITIES EDUCATION ACT

AMERICANS WITH DISABILITIES ACT

Revised 10/2021

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4119.21/4219.21/4319.21 - ALL PERSONNEL - CODES OF ETHICS

The School Board expects district employees to maintain the highest ethical standards, to follow district policies and regulations, and to abide by state and national laws. Employee conduct should enhance the integrity of the district and the goals of the educational program.

The School Board encourages district employees to accept as guiding principles the codes of ethics published by professional associations to which they may belong.

Members of the teaching profession are obligated by law to abide by the code of ethics and professional standards adopted by the Professional Teaching Practices Commission (20 AAC 10.010). Employees who violate provisions of the code of ethics and professional standards may be subject to disciplinary action, up to and including termination. The district may report any violation of the code of ethics to the Professional Teaching Practices Commission.

(cf. 4117.4 - Dismissal)

(cf. 4117.6 - Nonretention)

(cf. 4118 - Suspension/Disciplinary Action)

(cf. 4119.25 - Political Activities of Employees)

Legal Reference:

ALASKA STATUTES

14.20.170 Dismissal

14.20.370 - 14.20.510 Professional Teaching Practices Act

ALASKA ADMINISTRATIVE CODE

4 AAC 06.765 Testing Security; Consequences of Breach

4 AAC 18.010 Teachers' and administrators' contracts

20 AAC 10.010 - 10.900 Professional Teaching Practices Commission

Revised 9/ 01

9/92

Adopted 3/23

YFSD Policy Reference Manual

E 4119.21 20 AAC 10.020 CODE OF ETHICS AND TEACHING STANDARDS

The following code of ethical and professional standards governs all members of the teaching profession. A violation of this section is grounds for discipline as provided in AS 14.20.030.

1. 1. 1. 1. In fulfilling obligations to students, an educator: (repealed 10/25/2000);
            
            1. may not deliberately distort, suppress or deny access to curricular materials or educational information in order to promote the personal view, interest, or goal of the educator;
            2. shall make reasonable effort to protect students from conditions harmful to learning or to health and safety;
            3. may not engage in physical abuse of a student or sexual conduct with a student and shall report to the commission knowledge of such an act by an educator;
            4. may not expose a student to unnecessary embarrassment or disparagement;
            5. may not harass, discriminate against, or grant a discriminatory advantage to a student on the grounds of race, color, creed, sex, national origin, marital status, political or religious beliefs, physical or mental conditions, family, social, or cultural background, or sexual orientation; shall make reasonable effort to assure that a student is protected from harassment or discrimination on these grounds; and may not engage in a course of conduct that would encourage a reasonable student to develop a prejudice on these grounds;
            6. may not use professional relationships with students for private advantage or gain;
            7. shall keep in confidence information that has been obtained in the course of providing professional service, unless disclosure serves a compelling professional purpose or is required by law;
            8. shall accord just and equitable treatment to all students as they exercise their educational rights and responsibilities.
         2. In fulfilling obligations to the public, an educator (repealed 10/25/2000);
            
            1. shall take reasonable precautions to distinguish between the educator's personal views and those of any educational institution or organization with which the educator is affiliated;
            2. shall cooperate in the statewide student assessment system established under 4 AAC 06.710-4 AAC 06.790 by safeguarding and maintaining the confidentiality of test materials and information; (repealed 10/25/2000);
            3. may not use institutional privileges for private gain, to promote political candidates, or for partisan political activities;
            4. may not accept a gratuity, gift or favor that might influence or appear to influence professional judgment, and may not offer a gratuity, gift, or favor to obtain special advantage;
            5. may not knowingly withhold or misrepresent material information in communicating with the school board regarding a matter before the board for its decision; and
            6. may not use or allow the use of district resources for private purposes not related to the district programs and operation.
      2. In fulfilling obligations to the profession, an educator:

1. 1. 1. 1. 1. May not, on the basis of race, color, creed, sex, age, national origin, marital status, political or religious beliefs, physical condition, family, social or cultural background, or sexual orientation, deny to a colleague a professional benefit, advantage, or participation in any professional organization, and may not discriminate in employment practice, assignment, or personnel evaluation;
            2. shall accord just and equitable treatment of all members of the profession in the exercise of their professional rights and responsibilities;
            3. may not use coercive means or promise special treatment in order to influence professional decisions of colleagues;
            4. may not sexually harass a fellow employee;
            5. shall withhold and safeguard information acquired about colleagues in the course of employment, unless disclosure serves a compelling professional purpose;
            6. shall provide, upon the request of the affected party, a written statement of specific reasons for recommendations that led to the denial of increments, significant changes in employment, or termination of employment;
            7. may not deliberately misrepresent the educator's or another's professional qualifications; (repealed 10/25/2000);
            8. may not falsify a document, or make a misrepresentation on a matter related to licensure, employment, evaluation, test results or professional duties;
            9. may not intentionally make a false or malicious statement about a colleague's professional performance or conduct;
            10. may not intentionally file a false or malicious complaint with the commission;
            11. may not seek reprisal against any individual who has filed a complaint, provided testimony or given other assistance in support of a complaint filed with the commission;
            12. shall cooperate fully and honestly in investigations and hearings of the commission; (repealed 10/25/2000);
            13. may not unlawfully breach a professional employment contract;
            14. shall conduct professional business through appropriate channels;
            15. may not assign tasks to unqualified personnel;
            16. may not continue in or seek professional employment while unfit due to
                
                1. use of drugs or alcohol that impairs the educator's competence or the safety of students or colleagues;
                2. physical or mental disability that impairs the educator's competence or the safety of students or colleagues;
                3. may not interfere with a colleague's exercise of political or citizenship rights and responsibilities.

Revised 4/2014

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4119.22 - CERTIFICATED PERSONNEL - DRESS AND GROOMING

The School Board believes that since teachers serve as role models, they should maintain professional standards of dress and grooming. Just as overall attitude and instructional competency contribute to a productive learning environment, so do appropriate dress and grooming.

The School Board encourages staff during school hours to wear clothing that demonstrates their high regard for education and presents an image consistent with their job responsibilities. Clothes that may be appropriate for shop instructors or gym teachers may not be appropriate for classroom teachers.

Legal Reference:

Breese v. Smith, 501 P.2d 195 (Alaska, 1979

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4119.23/4219.23/4319.23 - ALL PERSONNEL - UNAUTHORIZED RELEASE OF CONFIDENTIAL INFORMATION

District employees shall maintain the confidentiality of all confidential records until such time as laws, state regulations and/or bylaws of this district permit disclosure. Information and records pertaining to executive sessions, negotiations and student records, including individual test results, are not subject to public disclosure.

(cf. 1340 - Access to District Records)

Any employee who willfully releases confidential information about students, staff, or any topic properly confined to an executive session shall be subject to disciplinary action up to and including dismissal from district service. Any action by an employee which inadvertently or carelessly results In release of confidential information shall be recorded, and the record shall be placed in the employee's personnel file.

Depending on the circumstances, the Superintendent or designee may deny the employee further access to any privileged information and shall take any steps necessary to prevent any further unauthorized release of such information.

(cf. 3580 - District Records)

(cf. 5125 - Student Records; Confidentiality)

(cf. 6146.3(AR) – Test Administration)

(cf. 9321 - Executive Sessions) Legal References:

ALASKA STATUTES

14.03.115 Access to school records by parent, foster parent, or guardian

14.14.090 Additional duties 09.25.120-25.220 Public Records Act

23.40.235 Public Involvement in School District Negotiations

ALASKA ADMINISTRATIVE CODE

4 AAC 06.738 Standards-Based Test Results

4 AAC 06.765 Test Security; Consequences of Breach

UNITED STATES CODE, TITLE 20 1232g

FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

City of Kenai v. Kenai Peninsula Newspapers, Inc., 642 P.2d 1316 (Alaska 1982)

Revised 3/2017
9/92
Adopted 3/23

YFSD Policy Reference Manual

BP 4119.25 - ALL PERSONNEL - POLITICAL ACTIVITIES OF EMPLOYEES

The School Board believes that district employees have an obligation to prevent the improper use of school time, materials or facilities for political or partisan purposes. The Superintendent or designee shall regulate political activities on school property during the instructional day. Employees are prohibited from engaging in any activity in the presence of students during performance of the employee’s duties, where the activity is designed or intended to promote, further, or assert a position on any voting issue, board issue, or collective bargaining issue. This prohibition does not apply to classroom instruction that is part of the approved curriculum.

The Board respects the right of school employees to engage in political activities on their own time. When engaging in political activities, employees shall make it clear that they are acting as individuals and not as representatives of the district.

Nothing in the policy shall prevent the District or Board from disseminating factual information regarding school bond projects.

(cf. 4119.21 - Code of Ethics)

Legal References:

ALASKA STATUTES

14.03.090 Sectarian or denominational doctrines prohibited

14.20.095 Right to comment and criticize not to be restricted

14.20.370-.510 Professional Teaching Practices Act

ALASKA ADMINISTRATIVE CODE

4 AAC 06.135 Use of school funds in elections

20 AAC 10.010-10.900 Professional Teaching Practices Commission

Revised 3/2019

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4119.25/4219.25/4319.25 - ALL PERSONNEL - POLITICAL ACTIVITIES OF EMPLOYEES

Under no circumstances shall district employees:

1. Conduct political activities on school property during duty hours.
2. Solicit campaign support or contributions on school property during duty hours.
3. Use school equipment for the reproduction of campaign materials.
4. Post or distribute campaign materials on school property.
5. Permit the use of students to write, address or distribute campaign materials.

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4119.42/ 4119.43/4219.43/4319.43 - ALL PERSONNEL - UNIVERSAL PRECAUTIONS

Universal precautions shall be observed throughout the district to protect employees, students and any other persons in the school environment from contact with potentially infectious blood or other body fluids.

Universal precautions are appropriate for preventing the spread of all infectious diseases and shall be used regardless of whether blood borne pathogens are known to be present.

(cf. 4119.42 - Exposure Control Plan for Bloodborne Pathogens) (cf. 5141.23 - Infectious Disease Prevention)

(cf. 6145.2 - Interscholastic Competition)

Legal Reference:

Occupational Safety & Health Standards Alaska Department of Labor

CODE OF FEDERAL REGULATIONS, TITLE 29

1910.1030 OSHA Bloodborne Pathogens Standards

Added 9/93

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4219.42/4319.42 - ALL PERSONNEL - EXPOSURE CONTROL PLAN FOR BLOODBORNE PATHOGENS

Definitions

Occupational Exposure means "reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties." (Title 8, Section 5193(b))

Exposure Incident means "a specific eye, mouth, other mucous membrane, nonintact skin, or parenteral contact with blood or other potentially infectious materials that results from the performance of an employee's duties." Parenteral contact means "piercing mucous membranes or the skin barrier through such events as needle sticks, human bites, cuts, and abrasions." (29 CFR 1910.1030 (b)

Exposure Control Plan

The district's Exposure Control Plan shall contain at least the following components: (29 CFR 1910.1030 (c))

1. 1. A determination of which employees have occupational exposure to blood or other potentially infectious materials.
   2. A description of the schedule and method for implementing exposure control requirements, including but not be limited to:
      
      1. Universal precautions (cf. 4119.43 - Universal Precautions)
      2. Engineering and work practice controls
      3. Personal protective equipment
      4. Housekeeping schedules
      5. Hepatitis B vaccination
      6. Post-exposure evaluation and follow-up
      7. Informing employees about biohazards, including:
      8. labels and signs, and
      9. training
      10. Maintenance of training and medical records
   3. The district's procedure for evaluating circumstances surrounding exposure incidents.
   4. The Exposure Control Plan shall be reviewed and updated at least annually and whenever necessary to:
      
      1. Reflect new or modified tasks and procedures affecting occupational exposure.
      2. Reflect new or Revised employee positions with occupational exposure.

The district's Exposure Control Plan shall be accessible to employees in accordance with law. It also shall be made available to the Chief or Director of the National Institute for Occupational Safety and Health, U.S. Department of Health and Human Services, or his/her designee, upon request for examination and copying.

Exposure Determination

The district's exposure determination shall be made without regard to the use of personal protective equipment and shall include:

1. 1. 1. All job classifications in which all employees have occupational exposure to bloodborne pathogens.
      2. Job classifications in which some employees have occupational exposure.
      3. All tasks and procedures or groups of closely related tasks and procedures in which occupational exposure occurs and which are performed by employees listed in item #2 above. (29 CFR 1910.1030(c)

Hepatitis B Vaccination

Hepatitis B vaccinations shall be provided at no cost to those employees determined to have occupational exposure to blood and other potentially infectious materials. Employees who decline to accept the vaccination shall sign the hepatitis B declination statement as required by law. (E 4119.42) (29 CFR 1910.1030(f)(2))

Protective Equipment

The district shall provide appropriate personal protective equipment at no cost to the employee. Protective equipment will be chosen based on anticipated exposure to blood, or other potentially infectious materials. The district shall maintain, repair, make accessible and require employees to use and properly handle protective equipment. (29 CFR 1910.1030 (c)(2))

Information and Training

The district shall provide a training program as specified by law to all employees in job classifications which have been determined to have some degree of occupational exposure. This program shall be offered at the time of initial assignment, annually thereafter, and whenever a change of tasks or procedures affect the employee's exposure.

Exposure Incidents: Post-evaluation and Follow-up

 All exposure incidents must be reported as soon as possible to the Superintendent or designee. Following a report of an exposure incident, the district shall provide the exposed employee with a confidential medical evaluation and follow-up, as required by law. The district shall maintain the confidentiality of the affected employee and the exposure source during all phases of the post- exposure evaluation. (29 CFR 1910.1030(f))

(cf. 9011 - Disclosure of Confidential/Privileged Information)

Records

Medical and training records shall be kept in accordance with law. Medical records shall be maintained for the duration of employment plus three years. Training records shall be maintained for three years from the date of training. (29 CFR 1910.1030(h))

An employee's records shall be made available to that employee and to the National Institute for Occupational Safety and Health in accordance with law. (29 CFR 1910.1030(h))

Medical records for each employee with occupational exposure will be kept confidential as appropriate and transferred or made available in accordance with law (29 CFR 1910.1030(h))

Added 9/93

9/92

Adopted 3/23

YFSD Policy Reference Manual

E 4119.42/4219.42/4319.42 HEPATITIS B VACCINE DECLINATION

I understand that due to my occupational exposure to blood or other potentially infectious materials I may be at risk of acquiring hepatitis B virus (HBV) infection. I have been given the opportunity to be vaccinated with hepatitis B vaccine, at no charge to myself. However, I decline hepatitis B vaccination at this time. I understand that by declining this vaccine, I continue to be at risk of acquiring hepatitis B, a serious disease. If in the future I continue to have occupational exposure to blood or other potentially infectious materials and I want to be vaccinated with hepatitis B vaccine, I can receive the vaccination series at no charge to me.

Signature

Employee Name (Please print)

Date

Added 9/93

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4119.43/4219.43/4319.43 - ALL PERSONNEL - UNIVERSAL PRECAUTIONS

"Universal Precautions" is an approach to infection control. According to the concept of universal precautions, all human blood and certain human body fluids are treated as if known to be infectious for HIV, HBV and other bloodborne pathogens. (29 CFR 1910.1030 (b))

Human immunodeficiency virus (HIV) and hepatitis B virus (HBV) can be found in blood, semen, vaginal secretions and breast milk. Other body fluids such as feces, urine, vomit, nasal secretions, sputum, and saliva may contain infectious germs that cause other diseases. It is not always possible to know when blood or body fluids are infectious; therefore, all body fluids shall be handled as if infectious.

All students and staff shall routinely observe the following universal precautions for the prevention of infectious disease:

1. 1. Wear disposable waterproof gloves whenever you expect to come into direct hand contact with blood, other body fluids, or contaminated items or surfaces. This applies to incidents including, but not limited to, caring for nosebleeds or cuts, cleaning up spills, or handling clothes soiled by blood or body fluids. Do not reuse gloves. After each use, remove the gloves without touching them outside and dispose of them in a lined waste container. Gowns or smocks should also be worn if you anticipate soiling of clothes by body fluids or secretions.
   2. Wash your hands and any other contacted skin surfaces thoroughly for 15 to 30 seconds with dispensable soap and warm running water, rinse under running water, and thoroughly dry with disposable paper towels:
      
      1. Immediately after any accidental contact with blood, body fluids, drainage from wounds, or with soiled garments, objects or surfaces.
      2. immediately after removing gloves, gowns or smocks.
      3. Before eating, drinking or feeding.
      4. Before handling food, cleaning utensils or kitchen equipment.
      5. Before and after using the toilet or diapering.

When running water is not available, use antiseptic hand cleanser and clean towels or antiseptic towelettes, and use soap and running water as soon as feasible.

1. 3. Clean surfaces and equipment contaminated with blood with soap and water and disinfect them promptly with a fresh solution of bleach (ten parts water to one part bleach) or other disinfectant. While cleaning, wear disposable gloves and use disposable towels whenever possible. Rinse mops or other non-disposable items in the disinfectant.
   4. Properly dispose of contaminated materials and label them as biohazardous.
   5. Place blood, body fluids, gloves, bloody dressings and other absorbent materials into appropriately labeled plastic bags or lined waste containers.
   6. Place needles, syringes and other sharp disposable objects in leak-proof, punctureproof containers.
   7. Bag soiled towels and other laundry. Presoak with disinfectant and launder with soap and water.
   8. Dispose of urine, vomitus or feces in the sanitary sewer system.
   9. Do not care for others' injuries if you have any uncovered bleeding or oozing wounds or nonintact skin conditions.
   10. Use a mouthpiece, resuscitation bag or other ventilation device when readily available in place of mouth-to-mouth resuscitation.

Staff shall immediately report any exposure incident or first-aid incident in accordance with the district's Exposure Control Plan or other procedures.

(cf. 4119.42 - Exposure Control Plan for Bloodborne Pathogens)

Added 9/93

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4122 - CERTIFICATED PERSONNEL - STUDENT TEACHERS

The School Board is legitimately interested in the quality of teacher training programs and encourages the use of student teachers in the district. Such use shall support the instructional needs of the district and may enable future teachers to fulfill state requirements, learn how to teach, and receive valuable feedback which can enhance their competence.

The Superintendent or designee may enter into agreements with accredited colleges and universities to allow student teachers to have supervised teaching experiences and/or observations within the district. The Superintendent or designee may collaborate with the program administrators of teacher preparation institutions to jointly develop, supervise and evaluate practical programs which provide training, support and evaluation for the student teacher.

Legal Reference:

ALASKA ADMINISTRATIVE CODE

4 AAC 30.020 Student teachers

4 AAC 04.200 Professional Content and Performance Standards

Revised 3/2016

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4131 PERSONNEL - CERTIFICATED STAFF DEVELOPMENT

The School Board recognizes that a competent well-trained staff is essential to carrying out its goals. Staff development is a necessary, collaborative, continuous and systematic effort to improve district educational programs by involving all employees in activities that improve their skills and broaden their perceptions. Professional development provided to teachers, principals, and other instructional leaders should focus on improving teaching and student learning and achievement.

Professional development shall be developed with educator input and regularly evaluated. If reasonably available, staff development activities shall be evidence-based. Staff should receive training on professional boundaries in accordance with BP/AR 5141.42, Professional Boundaries for staff and students.

In order to respond directly to the needs of all our students, staff development activities may address such issues as teacher and staff qualifications, content areas, integrating technology into instruction, using data to improve student achievement, methodology, student privacy, parent, family, and community engagement, interpersonal relations between students and faculty, student learning, growth, development, student welfare and safety, assessments and accommodations, student identification and referral, and staff communication, problem solving and decision making. The Superintendent is responsible for ensuring that all training required by law is provided in a timely fashion to appropriate staff.

(cf. 5131.6 - Alcohol and Other Drugs)

(cf. 5141.41 – Sexual Abuse, Sexual Assault and Dating Violence Awareness and Prevention)

(cf. 5141.42 - Professional Boundaries for staff and students)

(cf. 5141.52 – Suicide Prevention)

(cf. 5142.3 – Restraint and Seclusion)

The Superintendent or designee should provide staff with professional development that may include opportunities such as the following:

1. Release time and leaves of absence for travel and study.
2. Visits to other classrooms and other schools.
3. Conferences involving outside personnel from the district, county, state, region or nation.
4. Membership in committees drawing personnel from various sources.
5. Further training in institutions of higher learning, including credit courses conducted in or near the district instead of on the college campus, whenever possible.
6. Access to professional literature on education issues.
7. Induction and mentoring programs. (cf. 4116 - Nontenured/Tenured Status) Legal Reference:Training classes and workshops offered by the district.

UNITED STATES CODE

The Elementary and Secondary Education Act, 20 U.S.C. §§ 6601-6614, as amended by the Every Student Succeeds Act (P.L. 114-95)

ALASKA STATUTES

14.08.111 Duties (Regional School Boards)

14.14.090 Duties of school boards

14.16.020 Operation of state boarding schools

14.18.060 Discrimination in textbooks and instructional materials prohibited

14.20.020 Requirements for issuance of certificate; fingerprints 14.20.680 Required alcohol and drug related disabilities training

14.30.355 Sexual abuse and sexual assault awareness and prevention

14.30.356 Dating violence and abuse policy, training, awareness, prevention, and notices

14.30.362 Suicide awareness and prevention training

47.17.022 Training (child protection)

ALASKA ADMINISTRATIVE CODE

4 AAC 06.530 Guidance and counseling services 4 AAC 06.550 Reviewof instructional materials

4 AAC 12.397 Mandatory training requirements

4 AAC 19.060 Evaluation Training

4 AAC 52.260 Personnel Development

Revised 4/2022

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4132 - ALL PERSONNEL - PUBLICATION OR CREATION OF MATERIALS

The School Board recognizes the importance of creating a work environment that encourages employee innovation in creating and developing high-quality materials to improve student achievement and the efficiency of district operations.

(cf. 4119.21/4219.21/4319.21 – Code of Ethics) (cf. 6162.6 - Use of Copyrighted Materials)

The Superintendent or designee shall oversee the development of instructional materials, computer programs, and other copyrightable materials by employees, independent contractors, and consultants. An employee, independent contractor, or consultant shall notify the Superintendent or designee of his/her intent to publish or register a work developed in whole or in part within the scope of his/her employment.

Instructional materials, computer programs, and other copyrightable materials developed by an employee within the scope of his/her employment shall be the property of the district.

(cf. 3523 – E-mail)

(cf. 4040 - Employee Use of District Information Technology) (cf. 6161.11 - Supplementary Instructional Materials)

(cf. 6163.1 – Library/Media Centers)

If an employee has developed copyrightable material during both work and non-working hours, and the work was within the scope of his/her employment, the Superintendent or designee shall negotiate a contract with the employee to protect the district's right as to the ownership or partial ownership of the copyright.

(cf. 3312 - Contracts)

The Superintendent or designee shall ensure that any contract with an independent contractor or consultant contains a provision specifying the district's right to ownership of the copyright of any work produced by the contractor or consultant for the district.

The Superintendent or designee may secure copyrights in the name of the district for all copyrightable works developed by the district. All royalties or revenues from these copyrights shall be used for the benefit of the district

Legal Reference:

UNITED STATES CODE

17 U.S.C. 101-122 Subject matter and scope of copyright

17 U.S.C. 201 Copyright ownership and transfer

Adoption Date: 3/19
9/92
Adopted 3/23

YFSD Policy Reference Manual

BP 4133/4233/4333 TRAVEL EXPENSES

The School Board shall pay for actual and necessary expenses, including travel, incurred by any employee performing authorized services for the district. Expenses shall be reimbursed within limits established by the School Board.

The Superintendent or designee may approve employee requests to attend meetings in accordance with the adopted budget.

The Superintendent or designee may authorize an advance of funds to cover necessary expenses. The Superintendent or designee shall establish procedures for the submission and verification of expense claims.

The School Board may establish an allowance on either a mileage or monthly basis to reimburse designated employees for the use of their own vehicles in the performance of assigned duties.

All out-of-state travel must have School Board approval. Travel expenses not previously budgeted also must be approved on an individual basis by the School Board.

(cf. 3300 - Expenditures/Expending Authority)

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4135/4235/4335 SOLICITING AND SELLING

Employees shall not solicit district students or their families with the intent to sell general merchandise, books, equipment or services. Any classroom activity requiring students to bring money to school for any purpose must have the principal's approval.

(cf. 1321 - Solicitation of Funds from and by Students)

Staff shall not distribute promotional, political, controversial or other noninstructional materials unless approved by the Superintendent or designee.

(cf. 1325 - Advertising and Promotion)

Staff members shall not use their status as district employees to secure information such as names, addresses and telephone numbers for use in profit-making ventures.

Educational tours may be promoted on school premises only if they are sponsored by the district. Employees engaged in planning, organizing or leading tours as a private business shall make it clear that they do not represent the school or district. All activities related to such tours must be carried on outside of school hours and off school premises.

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4136/4236/4336 NONSCHOOL EMPLOYMENT

The School Board recognizes that district employees may receive compensation for outside activities as long as these activities are not inconsistent, incompatible, in conflict with, or inimical to the employee's duties or to the duties, functions or responsibilities of the district.

Outside paid activities are incompatible with district employment if they require time periods that interfere with the proper, efficient discharge of the employee's duties, if they entail compensation from an outside source for activities which are part of the employee's regular duties, or if they involve using for private gain the district's name, prestige, time, facilities, equipment or supplies.

(cf. 1321 - Solicitation of Funds from and by Students) (cf. 4119.21/4219.21/4319.21 - Codes of Ethics)

(cf. 4132/4232/4332 - Publication or Creation of Materials) (cf. 4135- Soliciting and Selling)

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4141/4241 NEGOTIATED AGREEMENT

Each agreement entered into by the School Board with a duly recognized employee organization shall constitute a commitment by the School Board to the provisions of the agreement for its duration.

The provisions of the employee agreement shall be binding on the School Board and on all employees covered by the agreement. Policies or regulations of the School Board which conflict with provisions of the negotiated employee agreement shall not be binding on those employees who are covered by the terms of such agreement.

(cf. 4143 - Negotiations/Consultation)

Legal Reference:

ALASKA STATUTES

23.40.070 - 23.40.260 - Public Employment Relations Act

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4141.6/4241.6 CONCERTED ACTIVITY/WORK STOPPAGE

The Superintendent or designee shall maintain a plan for the safe operation of the schools in the event of a work stoppage. In the event of a strike, a walkout, a coordinated mass use of sick leave or any other concentrated refusal of staff to perform assigned duties, the Superintendent or designee shall take whatever emergency steps he/she deems necessary for the safety of students, staff and district property. Such steps shall be reported to the School Board as soon as possible.

When students raise questions related to a work stoppage, teachers shall be expected to approach the subject in accordance with the district's policy on controversial issues. Teachers shall not let such discussions interfere with their regular teaching responsibilities.

(cf. 6144 - Controversial Issues)

Employees shall not provide students with messages or other information that promotes or explains the position of any employee organization that is engaged in or contemplating a work stoppage.

Legal Reference:

ALASKA STATUTES

23.40.080 Right of public employees

23.40.200 Classes of public employees; arbitration

Revised 1/04

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4143/4243 NEGOTIATIONS/CONSULTATION

The School Board will strictly construe the scope of negotiations as provided by law and also meet and negotiate on such topics as are included within the scope of negotiations by the Labor Relations Board.

The School Board may hold executive sessions with its designated representative(s) prior to or during consultations with representatives of employee organizations. The purpose of these executive sessions shall be to review the School Board's position and instruct its representative(s).

(cf. 9321 - Executive Sessions)

Legal Reference:

ALASKA STATUTES

23.40.070 - 23.40.260 Public Employment Relations Act

23.40.070 Declaration of Policy

23.40.235 Public involvement in school district negotiations

44.62.310 Agency meetings public

Kenai Peninsula Borough School District v. Kenai Peninsula Education Assn., 572 P. 2d 416 (Alaska 1977)

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4144/4244/4344 COMPLAINTS

The School Board recognizes the need for providing employees with a process for addressing concerns regarding issues which are not subject to formal grievance procedures.

The Superintendent or designee shall establish complaint procedures which encourage the prompt submission of complaints and resolution of conflicts.

The School Board expects that employees and supervisors will make every effort to resolve employee complaints and disagreements informally before resorting to formal complaint procedures.

(cf. 1312.3 - Complaints Concerning Discrimination) (cf. 4119.11/4219.11/4319.11 - Sexual Harassment) (cf. 4141/4241 - Agreement)

Legal Reference:

ALASKA STATUTES

23.40.270 Declaration of policy (PERA)

Revised 9/97

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4144/4244/4344 COMPLAINTS

The following guidelines shall prescribe the manner in which complaints are handled:

1. A "complaint" shall be defined as an alleged misapplication of the district's policies, regulations, rules or procedures. Procedures for the resolution of employee complaints provide a route of appeal through administrative channels and to the School Board, if necessary. If the complaint is related to discrimination or harassment, the district's procedure for complaints concerning discrimination should be used. (cf. 1312.3 - Complaints Concerning Discrimination)
2. So as not to interfere with school schedules, meetings related to a complaint shall be held before or after the complainant's regular working hours.
3. All matters related to a complaint shall be kept confidential. Only those individuals directly involved in resolving the complaint shall be informed of the complaint.
4. All documents, communications and records dealing with the complaint shall be placed in a district complaint file. No such material shall be placed in an employee's personnel file.
5. No reprisals shall be taken against any participant in a complaint procedure by reason of such participation.
6. Time limits specified in these procedures may be reduced or extended in any specific instance by written mutual agreement of the parties involved. If specified or adjusted time limits expire, the complaint may proceed to the next step.
7. Any complaint not taken to the next step within prescribed time limits shall be considered settled on the basis of the answer given at the preceding step.

Informal Complaints

Employees are encouraged to resolve complaints informally. Formal complaint procedures shall not be initiated unless informal efforts to resolve the complaint have been exhausted and the complainant has provided a written description of such efforts.

Formal Complaint Procedure - Step 1

If a complaint has not been satisfactorily resolved by informal procedures, the complainant may file a written complaint with the immediate supervisor or principal within 60 days of the act or event which is the subject of the complaint.

Within five working days of receiving the complaint, the immediate supervisor or principal shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.

The immediate supervisor or principal shall present all concerned parties with a written answer to the complaint within ten working days after the meeting

Formal Complaint Procedure - Step 2

If a complaint has not been satisfactorily resolved at Step 1, the complainant may file the written complaint with the Superintendent or designee within five working days of receiving the answer at

Step 1. All information presented at Step 1 shall be included with the complaint, and the immediate supervisor or principal shall submit to the Superintendent or designee a report describing attempts to resolve the complaint at Step 1.

Within five working days of receiving the complaint, the Superintendent or designee shall conduct any necessary investigation and meet with the complainant in an effort to resolve the complaint.

The Superintendent or designee shall present all concerned parties with a written answer to the complaint within ten working days after the meeting.

If a complaint has not been satisfactorily resolved at Step 2, the complainant may file a written appeal to the School Board within five working days of receiving the answer at Step 2. All information presented at Steps 1 and 2 shall be included with the appeal, and the Superintendent or designee shall submit to the School Board a report describing attempts to resolve the complaint at Step 2.

An appeal hearing shall be held at the next regularly scheduled School Board meeting which falls at least 12 days after the appeal is filed. This hearing shall be held in executive session if the complaint relates to matters properly addressed in executive session.

(cf. 9321 - Executive Sessions)

The School Board shall make its decision within 30 days of the hearing and shall mail its decision to all concerned parties. The School Board's decision shall be final.

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4151 SALARY GUIDES – EXEMPT EMPLOYEES

The School Board is committed to compliance with the salary basis requirements of the Fair Labor Standards Act. Improper deductions from the salaries of exempt employees are prohibited. (cf. BP 4253 Overtime Pay/Compensatory Time Off)

Salary Basis Requirement

An exempt employee must meet certain tests regarding their job duties and be paid on a salary basis. Being paid on a "salary basis" means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee's work. Subject to exceptions listed below, an exempt employee must receive the full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work.

Permissible Deductions

Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for violations of district policies or procedures.

The district is not required to pay the full salary in the initial or terminal week of employment; for penalties imposed in good faith for infractions of safety rules of major significance, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act. In these circumstances, either partial day or full day deductions may be made.

Complaint Procedure for Improper Deductions

If you believe that an improper deduction has been made to your salary, you should immediately report this information to your direct supervisor, or to the payroll administrator.

Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

Legal Reference:

Fair Labor Standards Act, 29 U.S.C. § 201, et seq.

Added 12/04
9/92

YFSD Policy Reference Manual

BP 4154/4254/4354 HEALTH AND WELFARE BENEFITS

The district shall provide health and welfare benefits for certificated and classified employees in bargaining units. Benefits for employees who are not in bargaining units shall be the same unless otherwise specified by School Board action or individual contract in accordance with negotiated employee agreements.

The Superintendent or designee shall advise all employees of their rights and responsibilities related to continuing their health insurance benefits when their eligibility changes.

(cf. 3530 - Risk Management) (cf. 4141/4241 - Agreement)

Legal Reference:

ALASKA STATUTES

23.40.070 Declaration of Policy (PERA)

CONSOLIDATED OMNIBUS RECONCILIATION ACT

Public Law 99-272

9/92

Adopted 3/23

YFSD Policy Reference Manual

AR 4154/4254/4354 HEALTH AND WELFARE BENEFITS

Federal Consolidated Omnibus Reconciliation Act (COBRA)

Under COBRA, district employees may retain health insurance coverage when they reduce their working hours and/or are separated from employment. Continued coverage through the district shall also be made available to an employee's spouse and dependents upon the employee's death, separation or divorce, eligibility for Medicare or upon termination of a child's dependent status under the district health insurance program. Employees who are fired for gross misconduct may not retain health insurance coverage.

Persons who choose to retain health insurance coverage shall be charged the full costs of coverage within legal limits. Those who have reduced their working hours or who have been released from employment may retain the coverage for no more than 18 months. All other qualifying persons may retain the coverage for no more than 36 months. Coverage will end if the employee or beneficiary 1) fails to pay the insurance premium; 2) secures health insurance coverage through subsequent employment or remarriage; or 3) becomes eligible for Medicare benefits.

9/92

Adopted 3/23

YFSD Policy Reference Manual

E 4154/4254/4354 INSURANCE/HEALTH AND WELFARE BENEFITS

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4156.2/4256.2/4356.2 AWARDS AND RECOGNITION

The School Board believes the district's employees are its most valuable resource and encourages recognition of the services they provide. The Superintendent or designee may issue service pins, certificates, plaques or other mementos in accordance with established district procedures.

(cf. 1150 - Commendations and Awards)

(cf. 3300 - Expenditures/Expending Authority)

The School Board authorizes monetary awards to employees who:

1. Propose ideas or procedures which eliminate or reduce district expenditures or improve district operations.
2. Perform special acts or services in the public interest.
3. By their superior accomplishments, make exceptional contributions to the efficiency, economy, or other improvement in district operations.

The School Board shall appoint an awards committee to grant awards of $200 or less and recommend to the School Board larger awards.

9/92

Adopted 3/23

YFSD Policy Reference Manual

BP 4156.3/4256.3/4356.3 REIMBURSEMENT, UNIFORMS AND ALLOWANCES

The School Board shall not be responsible for the reimbursement of any employee personal property which may be stolen, destroyed or maliciously damaged while being used in district schools.

Reimbursement for personal items used for work-related purposes shall be made only if the principal or designee approved the use of the personal property in school before the property was brought to school and at that time agreed on the value of the property.

9/92

Adopted 3/23

YFSD Policy Reference Manual