The staff of the district constitutes a valuable and significant resource for an effective educational program. The program of the district shall function successfully when highly-qualified staff are employed, opportunities for staff development are provided and the best possible working conditions are maintained which are conducive to personal, occupational, and professional satisfaction and which encourage each staff member to make the fullest contribution to the educational process.

Adoption Date: January 13, 1993

Policy 5000- Goals

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Delegation of Duties

The Board has the legal responsibility of employing all staff. The responsibility of administering the recruitment process is assigned through the Superintendent or designee.

All staff members selected for employment will be recommended by the Superintendent. Staff members must receive an affirmative vote from a majority of all members of the Board. In the event an authorized position must be filled before the Board can take action, the Superintendent has the authority to fill the position with a temporary employee who will receive the same salary and benefits as a permanent staff member. The Board will act on the Superintendent’s recommendation to fill the vacancy at its next regular meeting.

Disclosures for Staff

Prior to employment of any staff member, the District will require the applicant to disclose whether he/she has been:

1. Convicted of any crime against persons;

2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;

3. Found by a court in a domestic relation proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;

4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor; or

5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

For purposes of this policy, unsupervised means not in the presence of another employee and working with children under sixteen years of age or developmentally disabled persons. The disclosure will be made in writing and signed by the applicant and sworn to under penalty of perjury. The disclosure sheet will specify all crimes committed against persons.

Background Check for Staff

Prospective staff members, who will have regularly scheduled unsupervised access to children, will have their records checked through the Washington State Patrol criminal identification system and through the Federal Bureau of Investigation. The record check will include a fingerprint check using a complete Washington state criminal identification fingerprint card.

Conditional Employment

New hires may be employed on a conditional bases pending the outcome of the background check and may begin conditional employment once the completed fingerprint card has been sent to the Washington State Patrol. If the background check reveals evidence of convictions, the candidate may not be recommended for employment, or if conditionally employed, may be terminated. When such a background check is received, the Superintendent/designee is expected to consult with legal counsel.

Records Check Database Access Designee

The Superintendent/designee is directed to establish procedures for determining which staff members are authorized to access the Office of the Superintendent of Public Instruction (OSPI) record check database. Fingerprint record information is highly confidential and will not be re-disseminated to any organization or individual by District staff. Records of arrest and prosecution (RAP sheets) will be stored in a secure location separate from personnel and applicant files and access to this information is limited to those authorized to access the OSPI records check database.

Employment information disclosed by the District at the request of an employee or employment agency regarding an employee’s ability to perform the job, diligence, skill, reliability or illegal or wrongful acts are presumed to be disclosed in good faith.

The District will keep a record of request for employee information for a period of two (2) years. A copy of the records will be maintained in the employee’s file.

Cross References:

• Board Policy 1610 Conflicts of Interest 1 st Class Districts
• 5006 Certification Revocation
• 5281 Disciplinary Action and Discharge
• 5610 Substitute Employment
• 6530 Insurance
• 5520 Staff Development
• 5252 Staff Participation in Political Activities

Legal References:

• RCW 28A.400.300 Hiring and discharging of employees–– Written leaves policies for ––Seniority and Leave benefits of employees transferring between School districts and other educational employers
• RCW 9.96A.020 Employment, occupational licensing by public entity – Prior felony conviction no disqualification - Exceptions Criminal history record information – School Volunteers
• RCW 28A.400.301 Information on past sexual misconduct – Requirement for applicants – Limitation on contracts and agreements Employee right to review personnel file
• RCW 28A.400.303 Record checks for employees
• RCW 28A.405.060 Course of study and regulations – Enforcement – Withholding salary warrant for failure
• RCW28A.405.210 Conditions and contracts of employment –– Determination of probable cause for nonrenewal of contracts––Notice––Opportunity for hearing
• RCW 28A.410.010 Certification – Duty of professional educator Standards board – Rules – Record check – Lapsed Certificates – Superintendent of public instruction as administrator
• RCW43.43.830 Background checks– Access to children or vulnerable persons – Definitions
• RCW 28A.660.020 Proposals – Funding
• RCW 28A.660.035 Partnership grant programs – Priority assistance in Advancing cultural competency skills
• ESHB 1115 Paraeducators RCW50.44.050 Benefits Payable, Terms and Conditions – “Academic Year” defined
• RCW50.44.053 Definition of "reasonable assurance" – Presumption, Employees of educational institutions
• P.L. 99-603 Immigration Reform and Control Act of 1986 (IRCA)
• P.L. 104-193 Personal Responsibility and Work Opportunity Reconciliation Act of 1996
• WAC 162-12 Preemployment Inquiry Guide (Human Rights (Commission)
• WAC 180-16-220 Supplemental basic education program approval Requirements
• WAC 181-79A Standards for teacher, administrator and educational Staff associate certification
• WAC 181-82-105 Assignment of classroom teachers within Districts
• WAC 181-82.110 School District response and support for nonmatched Endorsements to course assignments of teachers
• WAC 181-85 Professional certification – Continuing education Requirement
• WAC 392-300-050 Access to record check data base
• WAC 392-300-055 Prohibition of re-dissemination of fingerprint record information by educational service districts or school districts, the State School for the Deaf, the State School For the Blind, school districts, and Bureau of Indian Affairs funded schools
• WAC 392-300-060 Protection of fingerprint record information by educational service districts and school districts, the State School for the Deaf, the State School for the Blind, School Districts, and Bureau of Indian Affairs funded schools
• WAC 446-20-285 Employment—Conviction Records

Adoption Date: January 13, 1993

Revision Dates: May 10, 1995, June 24, 1998, March 26, 2003, January 12, 2005, September 8, 2010, February 13, 2019

Policy 5005- Pre-Employment- Employment of Staff

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Employment of Staff

Citizenship Status

Prior to employment by the Board, the District will document the citizenship/immigration information regarding employment eligibility that is furnished by the prospective employee.

The information that is recorded may come from single documents which establish both identity and authorization to work including:

Acceptable Verification Document for New Hires

A. One Document Establishing Both Identity and Employment Authorization

• • U.S. Passport
  • Resident Alien Card (Form I-551)
  • Permanent Resident Card "Green Card" (Form I-551)

OR

B. One Document Establishing Identity

C. One Document Establishing Employment Authorization

• • Driver's License or State-Issued ID Card with Photo
  • PLUS Social Securty Card

The District must complete an Employment Eligibility Verification (I-9) for each staff member employed after November 6, 1986 and keep that form on file for three years. For updates visit www.uscis.gov.

Sexual Misconduct

For all prospective employees, the District will request sexual misconduct information from all current and former employers, including employers outside of Washington state.

All prospective employees must sign a release form granting permission for the District to contact their current and former employers. The release authorizes disclosure of information on sexual misconduct by the prospective employee and access to all documents in the previous employer’s files related to such sexual misconduct. The prospective employee will agree to release their current and past employers from any liability arising from their providing responsive information to the District. Refusal to allow the release of information will end consideration of the applicant. 

For certificated applicants, the District will verify certification, and request that the Office of the Superintendent of Public Instruction OSPI release all information about the applicant regarding sexual misconduct.

Information received by the District from current or former school district employers and from OSPI on applicants will l be used by the District only for purposes of evaluating the applicant’s qualifications for employment and, except as required by law, will not be disclosed to any person who is not directly involved in the process of evaluating the applicant’s qualifications, other than the applicant.

Child Support Reporting for Staff

The District will report all new hires and rehires to the state of Washington’s Department of Social and Health Services, Division of Child Support, as required by P.L. 104-196, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

Certification Requirements

The District will require that certificated staff hold a Washington state certificate, with proper endorsement (if required for that certificate and unless eligible for out-of-endorsement assignment), or such other documentation as may be required by OSPI and/or the professional educator standards board with respect to alternative route programs, for the role and responsibilities for which they are employed. Failure to meet and maintain this requirement will be just and sufficient cause for termination of employment. State law requires that the initial application for certification will require a background check of the applicant through the Washington State Patrol criminal identification system and Federal Bureau of Investigation. No salary warrant may be issued to the staff member until the District has registered a valid certificate for the role to which he/she has been assigned. All certificated staff members are required to maintain their certification in accordance with state and federal requirements.

The following persons will be required to possess valid first aid and CPR certificates:

• Athletic Trainers
• Coaches
• Custodians
• Main Office Secretaries with clinic responsibilities
• Maintenance
• Mechanics
• Nurses
• Occupational Therapists
• Paraeducators with day care responsibilities
• Paraeducators who work with developmentally delayed
• Paraeducators with health room responsibilities
• Paraeducators who work in Pre-school 
• Paraeducators who work with CTE programs
• Paraeducators with playground responsibilities
• Physical Therapists
• Principals
• School Bus Drivers
• Security Monitors
• Supervisors
• Teachers of Career & Tech Education
• Teachers of Developmentally Delayed
• Teachers of Health & Fitness
• Teachers of Pre-school
• Teachers of Physical Education
• Teachers of Science
• Teachers of Visually Impaired
• And other persons deemed appropriate by the Superintendent

Classified Staff (Reasonable Assurance)

Classified staff who are engaged to serve less than twelve (12) months, will be advised of their employment status for the ensuing school year prior to the close of the school year. If the District chooses to re-employ the staff member the following year, the Superintendent or designee will give "reasonable assurance" by written notice that the staff member will be employed during the next school year.

Adoption Date: January 13, 1993

Revision Dates: May 8, 1996, June 24, 1998, March 26, 2003, January 12, 2005, September 8, 2010, February 13, 2019, March 21 ,2022 (Cabinet approved)

The Board recognizes its responsibility to protect students from physical and/or emotional harm. Staff members are expected to exhibit "good moral character and personal fitness" (WAC 181-79A-155, WAC 181-86-013 and WAC 181-86-014) as they teach or supervise students and otherwise perform their duties for the district. Staff members will  not engage in unprofessional conduct including, but not limited to:

A. The related acts of immorality and/or intemperance (RCW   28A.410.090);

B. Violation of written contract;

C. Crime against the state or involving the physical neglect of children;

D. The physical injury of children;

E. Sexual misconduct with children or students;

F. Misrepresentation or falsification in the course of professional practice;

G. Possession, use,  consumption or being under the influence of alcohol, marijuana (cannabis) or of a controlled substance on school premises or at a school-sponsored activity involving students;

H. Disregard or abandonment of generally recognized professional standards;

I. Abandonment of contract for professional services;

J. Unauthorized professional practice;

K. Illegal furnishing of alcohol, marijuana (cannabis) or a controlled substance to a  student;

L. Improper remunerative conduct;

M. Inappropriate digital communication with a student;

N. Failure to assure the transfer of student information or student records.

Unprofessional conduct will  not include matters such as insubordination, violation of the collective bargaining agreement or other employment-related acts correctable by the district or other civil remedies.

When the Superintendent possesses sufficiently reliable information to believe that a certificated employee is not of good moral character or personally fit, or has committed an act of unprofessional conduct, within a reasonable period of time of making such determination, The Superintendent  will  file a written complaint with the Office of the Superintendent of Public Instruction (OSPI). 

If the District is considering action to discharge a staff member , the Superintendent need not file such complaint until ten (10) calendar days after making the final decision to serve or not serve formal notice of discharge.  Such written complaint will  state the grounds for revocation and summarize the factual basis upon which a determination has been made that an investigation by OSPI is warranted. 

Intentional failure to file a complaint is an act of unprofessional conduct and may be sufficient cause for revocation of the Superintendents’ professional education certificate.

Cross References:  

• Policy 5281 – Disciplinary Action and Discharge
• Policy 5005 – Employment and Volunteers: Disclosures, Certification Requirements, Assurances and Approval

 

Legal References:    

• RCW 28A.400.320- Crimes against children – Mandatory termination of classified employees – Appeal – Recovery of salary or compensation by district
•  RCW 28A.405.470- Crimes against children – Mandatory termination of certificated employees – Appeal – Recovery of salary or compensation by district
• RCW 28A.410.090- Revocation or suspension of certificate or permit to teach – Criminal basis – Complaints – Investigation – Process
• RCW 28A.410.100- Revocation of authority to teach—Hearings
• RCW 28A.410.110- Limitation on reinstatement after revocation – Reinstatement prohibited for certain felony crimes
• Chapter 181-79A WAC- Standards for teacher, administrator, and educational staff associate certification
• Chapter 181-86 WAC- Professional certification – Policies and procedures for administration of certification proceedings
• Chapter 181-87 WAC- Professional certification – Acts of unprofessional conduct
• WAC 181-79A-155- Good moral character and personal fitness – Necessary supporting evidence applicants

Classification: Encouraged

Adoption Date:  August 9, 1995

Revision Dates: December 9, 2009, April 26, 2023

Policy 5006- Certification Revocation

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Nondiscrimination

The District will provide equal employment opportunity and treatment for all applicants and staff in recruitment, hiring, retention, assignment, transfer, Promotion and training. Such equal employment opportunity will be provided without discrimination with respect to, race, creed, religion, color, national origin, age, veteran or military status, sex, sexual orientation, gender expression or identity, marital status, the presence of any sensory, mental or physical disability, or the use of a trained dog guide or service animal by a person with a disability.

The Superintendent will designate a staff member to serve as the Compliance officer.

Affirmative Action

The District, as a recipient of public funds, is committed to undertake affirmative action which will make effective equal employment opportunities for staff and applicants for employment. Such affirmative action will include an administrative review of programs, and the implementation of corrective employment procedures, as needed. Eliminate discrimination prohibited by law and this policy and to provide equal employment opportunities. Affirmative action may not include hiring or employment preferences based on gender or race, including color, ethnicity or national origin.

Employment of Persons with Disabilities

In order to fulfill its commitment of nondiscrimination to those with disabilities, the District is committed to providing reasonable accommodation to the known disabilities of an otherwise qualified disabled applicant or staff member unless an accommodation would impose an undue hardship on the operation of the District program. In determining whether or not an accommodation would impose an undue hardship on the District, factors to be considered include the nature and cost of the accommodation.

While the District may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant’s ability to perform job-related functions.

Any staff member who believes that there has been a violation of this policy prohibiting discrimination because of a disability may initiate a grievance in accordance with procedure 5010P.

Nondiscrimination for Military Service

The District will not discriminate against any person who is a member of, applies to be a member or performs, has performed, applies to perform or has an obligation to perform service in a uniformed service, on the basis of that participation in a uniformed service. This includes initial employment, retention in employment, promotion or any benefit of employment. The District will also not discriminate against any person who has participated in the enforcement of these rights under state or federal law.

Cross Reference:

• Policy 2030 – Animals in Schools and Buildings
• Policy 5270 – Resolution of Staff Complaints
• Policy 5407 – Military Leave

Legal References:

• RCW 28A.400.310 Law against discrimination applicable to District’s employment practices
• RCW 49.60 Discrimination – Human rights commission
• 38 USC 4212 Vietnam Era Veterans Readjustment Act of 1974 (VEVRAA)
• RCW 73.16 Employment and Reemployment
• WAC 392-190 Equal Education Opportunity - Unlawful Discrimination Prohibited
• WAC 392-190-0592 Public school employment – Affirmative action program
• 42 USC 2000e102000e10 Title VII of the Civil Rights Acts of 1964
• 20 USC 1681-1688 Title IX of the Educational Amendments of 1972
• 42 U.S.C. 12101 - 12213 Americans with Disabilities Act
• 8 USC 1324 (IRCA) Immigration Reform and Control Act of 1986
• 29 USC 794 Vocational Rehabilitation Act of 1973
• 34 CFR 104 Nondiscrimination on the basis of handicap in Programs or activities receiving federal financial assistance

Classification: Priority

Adoption Date: January 13, 1993

Revision Dates: March 25, 1998, January 29, 2014, August 22, 2018

Procedure 5010- Nondiscrimination and Affirmative Action (Staff)

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PERSONNEL

Nondiscrimination

To ensure fairness and consistency, the following grievance procedure is to be used in the District’s relationship with its staff with regard to discrimination issues covered by state and federal equal employment opportunity laws and the District’s affirmative action plan. No staff member’s status with the District will be adversely affected in any way because the staff member utilized these procedures.

As used in this procedure, “grievance” will mean a complaint which has been filed by a complainant (staff member) relating to alleged violations of Policy 5010 or any state or federal anti-discrimination laws. A “complaint” will mean a charge alleging specific acts, conditions or circumstances, which are in violation of the anti-discrimination laws. A “respondent” will mean the person alleged to be responsible or who may be responsible for the violation alleged in the complaint.

The primary purpose of this procedure is to secure an end to discrimination. According the following steps will be taken.

Affirmative Action Plan

Development and implementation of the District’s Affirmative Action Plan will be the responsibility of the Superintendent, and other administrators will assist as directed by the Superintendent. The Affirmative Action Plan includes the following expectations:

A. Ensure that all applicants and staff are considered on the basis of bona fide job-related qualifications. The District will continue to emphasize in all recruitment contacts that nondiscrimination is a basic element in the District’s personnel procedures.

B. Be responsible for reviewing all employment procedures and programs to avoid discriminatory practices.

C. Criteria for selecting staff will be reviewed regularly to assure equal employment opportunities. However, pursuant to state law there will be no preferential employment practices based on race or gender.

Grievance Procedure

To ensure fairness and consistency, the following procedures are to be used to address complaints alleging discrimination in employment.

A. Informal Process for Resolution When a staff member has an employment problem concerning equal employment opportunity, he/she will discuss the problem with the immediate supervisor or District Title IX Coordinator (for employees) within sixty (60) days of the circumstances which gave rise to the problem. The staff member may also ask the District’s compliance officer to participate in the informal review procedure. It is intended that the informal discussion will resolve the issue. If the staff member feels he/she cannot approach the supervisor because of the supervisor’s involvement in the alleged discrimination, the staff member may contact the compliance officer directly before pursuing formal procedures. If discussion with the compliance officer or immediate supervisor does not resolve the issue, the staff member may proceed to the formal review procedures. During the course of the informal process, the District will notify complainant of their right to file a formal complaint.

B. Formal Process for Resolution

Level One: Complaint to District

The complainant should complete District Form 5010F1 (Discrimination Inquiry Form). The complaint form must be signed by the complainant, set forth the specific acts, conditions or circumstances alleged to be in violation; and be submitted to a District administrator. Administrators will promptly forward any complaints they receive to the District’s compliance officer. Upon receipt of a complaint, the compliance officer will provide the complainant a copy of this procedure. The compliance officer will investigate the allegations within thirty (30) calendar days. The District and complainant may agree to resolve the complaint in lieu of an investigation. The compliance officer will provide the Superintendent with a written report of the complaint and the results of the investigation.

The Superintendent or designee will respond to the complainant, in writing, as expeditiously as possible, but in no event later than thirty (30) calendar days following receipt of the written complaint, unless otherwise agreed to by the complainant or if exceptional circumstances related to the complaint require an extension of the time limit. In the event an extension is needed, the District will notify the complainant in writing of the reason for the extension and the anticipated response date. At the time the District responds to the complainant, the District must send a copy of the response to the Office of the Superintendent of Public Instruction (OSPI). The decision of the Superintendent will include:

1. A summary of the results of the investigation;

2. Whether the District or a third person has failed to comply with Policy 5010 or applicable laws prohibiting discrimination;

3. If the District is found in non-compliance, corrective measures the District deems necessary to correct the non-compliance;

4. Notice of the complainant’s right to appeal to the Board of Directors and the necessary filing information.

The Superintendent’s or designee’s decision will be provided in a language the complainant can understand and may require language assistance for complainant with limited English proficiency in accordance with Title VI of the Civil Rights Action of 1964.

Any corrective measures deemed necessary will be instituted as expeditiously as possible, but in no event later than thirty (30) calendar days following the Superintendent’s mailing of a written response to the complaining party unless otherwise agreed to by the complainant.

Level Two – Appeal to Board of Directors If a complainant disagrees with the Superintendent’s or designee’s written decision the complainant may file a written notice of appeal with the Board of Directors by the tenth (10) calendar day following the date upon which the complainant received the response.

The Board will schedule a hearing to commence by the twentieth (20) calendar day following the filing of the written notice of appeal unless otherwise agreed to by the complainant and the Superintendent or for good cause. Both parties will be allowed to present such witnesses and other information as the Board deems relevant and material. Unless other-wise agreed to by the complainant, the Board will render a written decision within thirty (30) calendar days following the filing of the notice of appeal and will provide the complainant a copy of the decision to all parties involved. The decision of the Board will be provided in a language the complainant can understand, which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act. The written decision will include notice of the complainant’s right to appeal the decision to the Office of the Superintendent of Public Instruction and will identify where and to whom the appeal must be filed. The District will send a copy of the appeal decision to the Office of the Superintendent of Public Instruction (OSPI).

Level Three – Appeal to the Office of the Superintendent of Public Instruction

In the event a complainant disagrees with the decision of the Board of Directors, or if the District fails to comply with this procedure, the complainant may file a complaint with the Office of the Superintendent of Public Instruction.

1. A complaint must be received by the Office of the Superintendent of Public Instruction (OSPI) on or before the twentieth (20) day following the date upon which the complainant received written notice of the Board’s decision, unless the OSPI grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery.

2. A complaint to OSPI must be in writing and include information required by OSPI.

C. Preservation of Records The files containing copies of all records collected, including correspondence relative to each complaint communicated to the District and the disposition, including any corrective measures instituted by the District, will be retained in the office of the District Title IX Coordinator for a period of six (6) years.

Adoption Date: March 25, 1998

Revision Dates: September 20, 2013, February 12, 2014, August 22, 2018

Procedure 5010P- Nondiscrimination and Affirmative Action Procedures (Staff)

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Form 5010F1- Title IX Discrimination Inquiry Form for Staff

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Sexual Harassment of District Staff Prohibited

The District is committed to a positive and productive working environment free from discrimination, including sexual harassment. This commitment extends to all employees and other persons involved in academic, educational, extracurricular, athletic, and other programs or activities of the school, whether that program or activity is in a school facility, on school transportation, or at a class training elsewhere.

Definitions

For the purpose of this policy, sexual harassment means unwelcome sexual advances, requests for favors, and other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term of condition of a person’s employment or advancement, or of a student’s participation in school programs or activities;

b. Submission to or rejection of such conduct by an employee or student is used as the basis for decisions affecting the employee or student;

c. Such conduct has the purpose or effect of unreasonably interfering with an employee’s or student’s performance or creating an intimidating, hostile, or offensive work or learning environment.

Sexual harassment can occur adult to student, student to adult, student to student, adult to adult, male to female, female to male, male to male, and female to female The District prohibits sexual harassment of District employees by other students, employees or third parties involved in school District activities.

Examples of “sexual harassment” includes:

• Acts of sexual violence;
• Unwelcome sexual or gender-directed conduct or communications that interferes with an individual’s employment performance or creates intimidation, hostile, or offensive work environment;
• Unwelcome sexual advances;
• Unwelcome request for sexual favors;
• Sexual demands where submission is stated or implied obtaining work opportunity or other benefit; or
• Sexual demands where submission or rejection is a factor in a work-related decision affecting an individual.

For the purposes of this policy, a “hostile work environment” for an employee is created where the unwanted conduct is sufficiently severe, persistent, or pervasive to create a work environment that it limits or denies and employee’s ability to participate in or benefit from the employee’s employment. 

Investigation and Response

The District will take prompt, equitable and remedial action within its authority on reports, complaints and grievances alleging sexual harassment that come to the attention of the District, either formally or informally. Persons found to have been subjected to the sexual harassment will have appropriate school District services made reasonable available to them and adverse consequences of the harassment will be reviewed and remedied as appropriate.

Allegations of criminal misconduct will be reported to law enforcement, and suspected child abuse will be reported to law enforcement or Child Protective Services. Regardless of whether the misconduct is reported to law enforcement, school staff will promptly investigate to determine what occurred and take appropriate steps to resolve the situation to the extent that such investigation does not interfere with an on-going criminal investigation. A criminal investigation does not relieve the District of its independent obligation to investigate and resolve sexual harassment.

Engaging in sexual harassment will result in appropriate discipline or other appropriate sanctions against offending staff or third parties involved in school District activities. Anyone else who engages in sexual harassment on school property or at school activities will have their access to school property and activities restricted, as appropriate.

Retaliation and False Allegations

Retaliation against any person who makes or is a witness in a sexual harassment complaint is prohibited and will result in appropriate discipline. The District will take appropriate actions to protect involved persons from retaliation.

It is a violation of this policy to knowingly report false allegations of sexual harassment. Persons found to knowingly report or corroborate false allegations will be subject to appropriate discipline.

Staff Responsibilities

The Superintendent will develop procedures for receiving, investigating and resolving complaints or reports of sexual harassment. The procedures will include reasonable and prompt timelines and delineate staff responsibilities under this policy.

Any school employee who witnesses sexual harassment or receives report, informal complaint, or written complaint about sexual harassment is responsible for informing the District’s Title IX or Civil Rights Compliance Coordinator. All staff are also responsible for directing complainants to the formal complaint process. Reports of discrimination and discriminatory harassment will be referred to the District’s Title IX/Civil Rights Compliance Coordinator.

Reports of disability discrimination or harassment will be referred to the District’s Section 504 Coordinator.

Notice and Training

The Superintendent will develop procedures to provide information and education to District staff, parents and volunteers regarding this policy and the recognition and prevention of sexual harassment. At a minimum sexual harassment recognition and prevention and the elements of this policy will be included in staff, and regular volunteer orientation. This policy and the procedure, which includes the complaint process, will be posted in each District building in a place available to staff, parents, volunteers and visitors. The policy will be reproduced in each staff, volunteer and parent handbook. Such notices will identify the District’s Title IX coordinator and provide contact information, including the coordinator’s email address.

Policy Review

The Superintendent or designee will make an annual report to the Board reviewing the use and efficacy of this policy and related procedures. Recommendations for changes to this policy, if applicable, will be included in the report.

Cross References:

• Policy No. 3205 Sexual Harassment of Students Prohibited
• Policy No. 3207 Prohibition of Harassment, Intimidation and Bullying
• Policy No. 3210 Nondiscrimination
• Policy No. 3211 Transgender Students
• Policy No. 3240 Student Conduct Expectations and Reasonable Sanctions
• Policy No. 3421 Child Abuse, Neglect and Exploitation Prevention
• Policy No. 5010 Nondiscrimination and Affirmative Action

Legal References:

• RCW 28A.640.020 Regulations, guidelines to eliminate discrimination—Scope—Sexual harassment policies
• WAC 392-190-056 Sexual harassment
• WAC 392-190-057 Sexual harassment policy
• WAC 392-190-0555 Discriminatory harassment
• 20 U.S.C 1681

Classification: Essential

Adoption Date: April 26, 1995

Revision Date: August 22, 2018

Policy 5011- Sexual Harassment of District Staff Prohibited

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Sexual Harassment of District Staff Prohibited Procedures

I. Complaint Process

A. Informal Complaint

The informal procedure to report and resolve complaints of sexual harassment may be used by anyone. Informal reports may be made to any staff member, although staff will always inform complainants of their right to and the process for filing a formal complaint. Staff will also direct potential complainants to the building principal, his/her supervisor, or the Superintendent or designee who can explain the informal and formal complaint processes and what a complainant can expect. Any other staff member who may receive a sexual harassment complaint will immediately report the complaint to the building principal or any individual designated above.

Informal remedies include:

1. An opportunity for the complainant to explain to the alleged harasser that his or her conduct is unwelcome, offensive or inappropriate, either in writing or face-toface;

2. A statement from a staff member to the alleged harasser that the alleged conduct is not appropriate and could lead to discipline if proven or repeated; or

3. A general public statement from an administrator in a building reviewing the District sexual harassment policy without identifying the complainant.

Informal complaints may become formal complaints at the request of the complainant, parent, guardian, or because the District believes the complaint needs to be more thoroughly investigated.

B. Formal Complaint The complainant may initiate a formal complaint of sexual harassment, even if the informal complaint process is being utilized. Potential complainants who wish to have the District hold their identity confidential will be informed that the District will likely face due process requirements that will make available to the accused all of the information that the District has related to the complaint. The district will, however, fully implement the anti-retaliation provisions of Policy 5011 and this procedure to protect complainants and witnesses. The Superintendent or designated compliance officer (hereinafter referred to as the compliance officer) may conclude that the District may conclude that the District may conduct an investigation based on information in their possession regardless of the complainant’s interest in filing a formal complaint. The following process will be followed: 

Filing of Complaint

1. All formal complaints will be in writing; and will set forth the specific acts, conditions or circumstances alleged to have occurred to constitute sexual harassment. The compliance officer may draft the complaint based on the report of the complainant, for the complainant to review and sign.

2. The compliance officer will receive and investigate all formal, written complaints of sexual harassment and/or other information in the compliance officer's possession that the officer believes requires further investigation.

3. When the investigation is completed, the compliance officer will compile a full written report of the complaint and the results of the investigation.

4. The Superintendent or designee will respond in writing to the complainant and the accused within thirty (30) calendar days stating:

a. A summary of the results of the investigation;

b. A statement as to whether a preponderance of the evidence establishes that the complainant was sexually harassed;

c. If sexual harassment is found to have occurred, the corrective measures the district deems necessary, including assurance that the district will take steps to prevent recurrence and remedy its effects on the complainant and others, if appropriate;

5. The response of the Superintendent will include notice of the complainant’s right to appeal to the Board and will identify where and to whom the appeal must be filed.

6. Corrective measures deemed necessary will be instituted as quickly as possible, but in no event more than thirty (30) days after the Superintendent's or designee’s written response, unless the accused is appealing the imposition of discipline and the District is barred by due process considerations or a lawful order from imposing the discipline until the appeal process is concluded. Staff may also pursue complaints through the appropriate collective bargaining agreement process or anti-discrimination policy.

7. The Superintendent’s or designee’s response will be provided in a language the complainant can understand and may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act of 1964. If the complaint alleges discriminatory harassment by a named party or parties, the coordinator will provide the accused party or parties with notice of the outcome of the investigation and notice of their right to appeal any discipline or corrective action imposed by the district.

II. Appeal Procedure

A. Level One If a complaint remains aggrieved as a result of the action or inaction of the Superintendent or designee in resolving a complaint, the complainant may file a written notice of appeal with the secretary of the Board by the tenth (10) calendar day following:

1. The date upon which the complainant received the Superintendent’s or designee’s response, or

2. Expiration of the thirty (30) calendar-day response period based on the receipt of the complaint by the District, whichever occurs first. The Board will schedule a hearing to commence by the twentieth (20) calendar day following the filing of the written notice of appeal. Both parties will be allowed to present such witnesses and testimony as the Board deems relevant and material.

The Board will render a written decision by the tenth (10) calendar day following termination of the hearing and will provide a copy to the complainant.

The decision will be provided in a language that the complainant can understand which may require language assistance for complainants with limited English proficiency in accordance with Title VI of the Civil Rights Act.

The response of the Board will include notice of the complainant’s right to appeal to the Office of the Superintendent of Public Instruction (OSPI) and will identify where and to whom the appeal must be filed.

B. Level Two – Complaint to OSPI

In the event a complainant remains aggrieved with the decision of the Board, the complainant may file a complaint with the Office of the Superintendent of Public Instruction (OSPI) by filing a written notice of the complaint with OSPI by the twentieth (20) calendar day following the date upon which the complainant received written notice of the Board’s decision, unless the Superintendent of Public Instruction grants an extension for good cause. Complaints may be submitted by mail, fax, electronic mail, or hand delivery.

The notice of the complaint must state the areas of disagreement and the relief requested. Complaints to OSPI will be conducted in compliance with the applicable regulations adopted by OSPI.

A complaint may be resolved at any time when, before the completion of the investigation, the district voluntarily agrees to resolve the complaint. C. Level Three – Administrative Hearing A complainant or school district that desires to appeal the written decision of the Office of the Superintendent of Public Instruction may file a written notice of appeal with OSPI within thirty (30) calendar days following the date of receipt of that office’s written decision. OSPI will conduct a formal administrative hearing in conformance with the Administrative Procedures Act, Chapter 34.05, RCW.

III. Preservation of Records The files containing copies of all correspondence relative to each complainant communicated to the District and the disposition, including any corrective measures instituted by the District, will be retained in the Human Services office.

IV. Confidentiality Confidentiality of the complainant and of the accused will be respected consistent with the District’s legal obligations, and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

V. Non-Retaliation Individuals will not be retaliated against by others for making a report of sexual harassment or for providing testimony and/or assisting in the investigation of such a report.

VI. False Reports The District will take all complaints of sexual harassment seriously and will act to investigate all complaints. It is also a violation of this policy to knowingly report false allegations. Persons found to knowingly make false allegations will also be subject to disciplinary action.

VII. Sanctions A substantiated complaint against a staff member in the District will subject such staff member to disciplinary action, up to and including the possibility of discharge. Where reasonable and appropriate, the District also reserves the right to refer the matter to law enforcement officials. A substantiated complaint against a student in the District will subject that student to disciplinary action which may include suspension or expulsion, consistent with the student discipline code. Where reasonable and appropriate, the District also reserves the right to refer the matter to law enforcement officials.

VIII. Sexual Harassment as Sexual Abuse Under certain circumstances, sexual harassment may constitute sexual abuse under Washington State’s criminal statutes. Nothing in this policy will prohibit the District from taking appropriate action to protect victims of alleged sexual abuse.

IX. Training and Orientation A fixed component of all District orientation sessions for staff, students and regular volunteers will introduce the elements of this policy. Staff will be provided information on recognizing and preventing sexual harassment. Staff will be fully informed of the formal and informal complaint processes and their roles and responsibilities under the policy and procedure. Staff will be reminded of their legal responsibility to report suspected child abuse, and how that responsibility may be implicate by some allegations of sexual harassment. Regular volunteers will get the portions of this component of orientation relevant to their rights and responsibilities.

A copy of the District’s sexual harassment policy must be included in any publication of the District or of a school that sets forth the rules, regulations, procedures, and standards of conduct for the school or school District. The policy must also be conspicuously posted in each school, and provided to each employee, volunteer and student.

As part of the information on the recognition and prevention of sexual harassment staff, volunteers, students and parents will be informed that examples of “sexual harassment” include:

• Acts of sexual violence;
• Unwelcome sexual or gender-directed conduct or communications that interferes with an individual’s employment performance or creates intimidation, hostile, or offensive work environment;
• Unwelcome sexual advances;
• Unwelcome request for sexual advances;
• Sexual demands where submission is stated or implied obtaining work opportunity or other benefit; or
• Sexual demands where submission or rejection is a factor in a work-related decision affecting and individual.

Adoption Date: April 26, 1995

Revision Dates: December 11, 1996, August 29, 2011, February 12, 2014, August 4, 2014, August 22, 2018, October 21, 2019

Procedure 5011P- Sexual Harassment of District Staff Prohibited Procedures

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In order to fulfill its commitment of nondiscrimination to those with disabilities, the following conditions shall prevail:

1. No qualified disabled person shall, solely by reason of a disability, be subjected to discrimination; and the district shall not limit, segregate or classify any applicants for employment or any staff member in any way that adversely affects his/her opportunities or status because of a disability. This prohibition applies to all aspects of employment from recruitment to promotions and includes fringe benefits and other elements of compensation.

2. The district shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant with a disability or staff member, unless it is clear that an accommodation would impose an undue hardship on the operation of the district program.

3. The district shall not make use of any employment test or criteria that screens out persons with disabilities unless:

a. the test or criteria is clearly and specifically job-related, and

b. alternative tests or criteria are available that do not screen out persons with disabilities.

4. While the district may not make pre-employment inquiry as to whether an applicant has a disability or as to the nature and severity of any such disability, it may inquire into an applicant’s ability to perform job-related functions.

5. Any staff member who believes that there has been a violation of this policy or the law prohibiting discrimination because of a disability may initiate a grievance through the procedures for staff complaints. (See district policy No. 4312, Complaints Concerning Staff or Programs.)

Legal References:

• 29 U.S.C. 706 CFR 45, Part 84

Adoption Date: January 13, 1993

Policy 5012- Employment of Persons with Disabilities

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The board encourages and promotes a good and fair working relationship among the staff. The board recognizes the right of public staff to join labor organizations of their own choosing and to be represented by such organizations in the negotiations of such matters and according to such procedures as may be required by law or agreement of the parties. The board shall engage in collective bargaining with the properly designated bargaining units and shall abide by collective bargaining agreements reached with such properly designated bargaining units.

The chief negotiator representing the district shall be appointed by the superintendent with approval by the board. The chief negotiator shall advise and inform the board regarding negotiations’ progress and shall negotiate within parameters established by the board. Any agreements reached by the chief negotiator shall not be binding upon the board until formally approved by the board.

Legal References:

• RCW 41.56.060 Determination of bargaining unit—Bargaining representative
• RCW 41.59.070 Election to ascertain exclusive bargaining unit

Adoption Date: January 13, 1993

Policy 5020- Collective Bargaining

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Except where expressly provided to the contrary, personnel policies apply to the staff of the district. However, where there is a conflict between the terms of the collective bargaining agreement and the district’s policies, the law provides that the terms of the collective bargaining agreement will prevail in regard to the staff covered by that agreement.

When a matter is not specifically provided for in the appropriate negotiated contract, the district’s policies will govern.

Legal Reference:

• RCW 41.59.910 Construction of chapter—Effect on existing agreements – Collective bargaining agreement prevails where conflict

Classification: Discretionary

Adoption Date: January 13, 1993

Revised Date: May 10, 2023

Policy 5021- Conflicts Between Policy and Bargaining Agreements

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Contracts

A. Certificated Staff Contracts

The district will write contracts for certificated staff for a period not to exceed one year, except that the Superintendent’s contract may be issued for up to three years. Upon the recommendation of the Superintendent and approval of the Board of Directors, the district will offer a certificated staff contract to each recommended and approved applicant. Such contract will state the salary to be paid based upon the applicable salary schedule, the number of days of service, effective date, and term of the contract, to the extent such information is available at the time the contract is offered.

The district will issue a “provisional contract” to certificated teaching staff and other non- supervisory certificated staff during their first (3) three years of employment with the district.

Except staff members who previously completed at least (2) two years of certificated employment in another school district in Washington are provisional employees only during their (1st) first year of employment with the district. These staff members are “provisional employees” and are subject to non-renewal of employment as provided by law.

Contracts with retirees hired for post-employment and employees hired to replace certificated staff on leave are not subject to the continuing contract law, and will include the following rider: “It is understood and agreed that the staff member is employed pursuant to the provisions of RCW 28A.405.900. In accordance with the provisions of RCW 28A.405.900, this contract expires auto- matically at the end of the contract terms set forth herein and is not subject to the provisions of RCW 28A.405.210.”

B. Classified Staff Contracts

Upon the recommendation of the Superintendent, offers of employment for selected classified staff may be in writing and/or for a specific period of time not to exceed one year. Otherwise the employment of classified staff will be on a month-to-month basis commencing from the first day of work.

C. Supplemental Employment Agreements

The district may issue separate supplemental contracts, which will not subject to the continuing contract provisions in Title 28A RCW, for enrichment activities as defined in RCW 28A.150.276. Supplemental agreements will not exceed one school year and if not renewed will not constitute an adverse change in contract status.

D. Consultants The district may obtain staff consultant services when unique knowledge or technical skills are needed. A description of desired services and an estimate of time and costs will be submitted to the Superintendent or designee for action. The Superintendent or designee will determine com- pensation to be paid to a consultant, taking into account cost incurred and benefits derived there- from. The district will determine the compensation classification of a consultant on a personal services contract or payroll in compliance with the guidelines of the Internal Revenue Service.

Cross References:

• Board Policy 5280 Separation from Employment

Legal References:

• RCW 28A.150.276 Enrichment programs
• RCW 28A.330.100 Additional powers of the board
• RCW 28A.400.200 Salaries and compensation for employees – Minimum and maximum amounts Limitations
• RCW 28A.400.300 Hiring and discharging employees Written leaves policies — Seniority and leave benefits of employees transferring between school districts and other educational employers
• RCW 28A.400.315 Employment contracts
• RCW 28A.405.210 Conditions and contracts of employment contracts- Determination of probable cause for non-renewal of contracts —Non-renewal due to enrollment decline or revenue loss – Notice — Opportunity for hearing
• RCW 28A.405.220 Conditions and contracts of employment — Non-renewal of provisional employees — Notice Procedure
• RCW 28A.405.240 Conditions and contracts of employment Supplemental contracts, when — Continuing contract provisions, not applicable to
• RCW 28A.405.900 Certain certificated employees exempt from chapter provisions
• 20 U.S.C. 6319 Qualifications for teachers and paraprofessionals

Adopted: April 24, 2002

Revised: August 28, 2019

Policy 5050- Contracts

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Because the district’s success is dependent upon the performance of its staff, the superintendent shall seek the best qualified individual to fill any vacancy occurring within the district or any position that has been created by the board. The superintendent shall publicize vacancies, solicit applications from promising candidates, and allocate time and resources to screen prospective staff.

Legal References:

• RCW 28A.400.300 Hiring and discharging of employees
• RCW 28A.405.210 Conditions and contracts of employment
• WAC 162-2 Pre-employment Inquiry Guide (Human Rights Commission)

Adoption Date: January 13, 1993

Policy 5110- Pre0Employment- Recruitment and Selection

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Hiring Procedures

I. Preparation

Step 1. Candidates who are interested in employment in the Snohomish School District are required to submit four documents. They are:

a. The district professional application form.

b. A resume.

c. Current copy of credentials from their placement office.

d. District professional reference forms

Step 2. Administrative staff screens the required documents. Those candidates who are unsuccessful in the paper screening will become inactive.

Step 3. Candidates who are rated high in the paper screening and screening inter- view have their files placed in an active status and are considered for interviews.

II. Processing

Step 4. When a vacancy occurs, the administrator, in the location where the vacancy occurs, submits a requisition to human resource services.

Step 5. When budget and human resource authorizations are secured, notification is given to the administrator where the vacancy exists that interviewing can proceed.

Step 6. The administrator has access to the active files for the open positions in their schools/departments. After a review of eligible applicants, candidates are selected by the administrator and executive director for human resource services for interviews.

Step 7. Interviews for selected candidates are scheduled by human resource services. Interviews are chaired by the appropriate administrator with a representative team from the school/department.

Step 8. When a candidate is selected to fill the position, a completed recommendation for employment form is submitted to the human resource services office by the administrator. The administrator also submits a completed copy of the screening documentation form for each candidate interviewed. These forms serve as documentation for questions that arise from the hiring process.

Step 9. Human resource services contacts the candidate to arrange for contractual and payroll matters.

Step 10. Copies of the approved recommendation for employment are issued to the payroll department and the superintendent.

Step 11. The superintendent makes a recommendation to the school board for approval of hiring persons to fill vacancies via a human resource services personnel list on the consent agenda. Board approves hiring of employees.

Step 12. Copies of the approved human resource services personnel list are issued to the payroll department.

Step 13. Human resource services notifies successful and unsuccessful candidates of their status.

Step 14. Human resource services maintains personnel files for all persons employed by the school district.

These procedures allow for a systematic approach to the selection/hiring process, provide a vehicle to communicate human resource services actions to other divisions within the central office and give documentation of affirmative action efforts.

Revised: January 13, 1993

Procedure 5110P- Pre-Employment- Recruitment and Selection Procedures

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The District has an obligation to staff, students and citizens to take reasonable steps to provide a safe workplace and to provide safety and high-quality performance for the students who the staff serve.

For the purposes of the policy, the "Workplace" is defined as any District building or any District property; any district-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; and locations off District property when an employee is performing duties for the District, such as during any school sponsored or district-approved activities, events or functions, like field trips and athletic events.

Prohibited Behavior

To help maintain a drug-free school and workplace, the following behaviors will not be tolerated:

A. Reporting to work or a workplace when an employee’s performance appears to be adversely affected by, or an employee appears to be under the influence of any of the following: alcohol, prescription drugs, illegal and/or controlled substances including marijuana (cannabis) or anabolic steroids.

B. Using, possessing, transmitting alcohol, illegal and/or controlled substances, including marijuana (cannabis) or anabolic steroids, in any amount, in any manner, and at any time in a workplace.

C. Conviction of a crime attributable to the use, possession, or sale of illegal and/or controlled substances, including marijuana (cannabis) and anabolic steroids.

D. Using District property or the staff member’s position with the District to make or traffic alcohol, illegal and/or controlled substances, including marijuana (cannabis) or anabolic steroids.

E. Using, possessing or transmitting illegal and/or controlled substances, including marijuana (cannabis) or anabolic steroids.

Notification Requirements

Any staff member who is taking prescribed or over-the-counter medications will be responsible for consulting the prescribing physician and/or pharmacist to ascertain whether the medication may adversely affect the employee’s safe performance of his/her job. If the use of medication could compromise the safety of the staff member, other staff members, students or the public, it is the staff member’s responsibility to use appropriate personnel procedures (e.g. use leave, request, change of duty, or notify his/her supervisor of potential side effects) to avoid unsafe workplace practices. If a staff member notifies his/her supervisor, in conjunction with the District’s Human Services department, then the determination will be made whether the staff member can remain at work and whether any work restriction will be necessary. As a condition of employment, each employee will notify his or her supervisor of his or her conviction under any criminal drug statute for a violation occurring in the workplace as defined above. Such notification will be provided no later than five (5) days after such conviction. The District will inform the federal granting agency within ten (10) days of such conviction, regardless of the source of the information.

Disciplinary Action

Each employee will be notified of this policy. Any staff member who violates any aspect of this policy will be subject to disciplinary action, which may include termination. As a condition of eligibility for reinstatement, an employee may be required to take unpaid leave in order to have an opportunity to satisfactorily complete a drug rehabilitation or treatment program approved by the District, at the employee’s expense. Nothing in this policy will be construed to guarantee reinstatement of any employee who violates this policy, nor does the District incur any financial obligation for treatment or rehabilitation ordered as a condition of eligibility for reinstatement.

The District may notify law enforcement agencies regarding a staff member’s violation of this policy at the District’s discretion or take other actions as the District deems appropriate.

Cross Reference:

• Policy 5280 Separation from Employment
• Policy 4215 Use of Tobacco, Nicotine Products and Deliver Devices

Legal References:

• 21 U.S.C. 812 Controlled Substances Act
• RCW 69.50.435 Violation committed in or on certain public Places or facilities – Additional penalty -
• 41 U.S.C. 8103 Drug Free Workplace Requirements for Federal Grant Recipients Title IV of ESSA Safe and Drug-Free Schools

Adoption Date: January 13, 1993

Revised Date: February 13, 2019

Policy 5201- Drug-Free Schools and Workplace

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Staff shall be subject to assignment, reassignment and/or transfer of position and duties by the superintendent, such assignment to be according to law and the policies and procedures of the district. No staff member shall be involved in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a relative.

The superintendent shall provide for a system of assignment, reassignment, and transfer of staff, including voluntary transfers and promotions, in which vacancies shall be published. The wishes of the staff member who voluntarily requests reassignment or transfer shall be honored to the extent that the transfer does not conflict with the operational requirements and best interest of the district. Nothing in this policy shall prevent the reassignment for good cause of a staff member during the school year.

Legal References:

• RCW 28A.405.230 Conditions and contracts of employment— Transfer of administrator to subordinate certificated position— Procedure
• RCW 42.23.030 Interest in contracts prohibited— Excepted cases
• RCW 42.23.040 Remote interests

Adoption Date: January 13, 1993

Policy 5210- Employment Practeices- Assignment, Reassignment and Transfer

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Vacancies shall be posted in each school building. The district shall provide an opportunity for a staff member to apply for a transfer to another position. The superintendent shall be responsible for such decisions. Factors considered in transfers shall include, but are not limited to:

1. The staff member’s background and preparation for the position;

2. The instructional requirements and best interests of the district;

3. The availability of other equally or better qualified applicants from within or outside the district;

4. The desires and welfare of the applicant; and,

5. The staff member’s length of service in the district and in the position presently held.

Negotiated collective bargaining agreements may supersede provisions of this policy when they prescribe conditions enumerated in or affected by this policy.

Adoption Date: January 13, 1993

Policy 5211- Employment Practices- Voluntary Transfer

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Notice of an involuntary transfer or reassignment shall be given the staff member as soon as practical.

When an involuntary transfer becomes necessary, consideration will be given to the staff member’s area of experience, training, length of service with the district, and any relevant state and federal statutes and regulation.

Opportunity shall be given for the staff member to discuss the proposed transfer or reassignment with his/her principal or supervisor. When the staff member believes that the transfer or reassignment would be unjustified or unfair, he/she may discuss the reassignment with the superintendent or his/her designee.

In all cases of assignment and transfer, the decision of the superintendent is final.

Adoption Date: January 13, 1993

Policy 5212- Employment Practices- Involuntary Transfers or Reassignments

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Depending upon the needs of the district, part-time staff shall be hired. The superintendent shall be responsible for recommending to the board the number of part-time positions required, if any, and nominees to fill such positions. The district will also consider and permit employees to jobshare in as much as the needs of the district are best served.

Wages and benefits, including but not limited to, sick leave and premiums paid by the district for medical and dental insurance, shall be pro-rated according to the percentage of the regular work week worked by each part-time staff member.

Part-time staff shall receive educational experience credits at the rates established in Chapter 392- 121 WAC. If the part-time staff moves to a full-time position, the part-time service will be converted to full-time, full-year experience for salary schedule purposes. When the teaching experience is compiled, the total years of service shall be determined in accordance with state reporting requirements, the S-275 Report. Part-time staff shall be entitled to credit on the salary schedule for any educational increments earned.

Legal References:

• WAC 392-121-215 Definition— Full-time equivalent (FTE) basic education certificates instructional staff
• 392-121-245 Definition— certificated years of experience
• 392-121-270 Placement of basic education certificated employees on leap salary allocation documents
• 392-121-295 Definition— District staff mix factor for basic education certificated instructional staff

Adoption Date: January 13, 1993

Revised: December 9, 1998

Policy 5213- Employment Practices- Part-Time Staff

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A job-sharing assignment is the shared performance of the duties of one full-time, regular position by two employees.

The superintendent is responsible for recommending to the board when the best interests of the district would be served by creating a job-sharing assignment for a particular position.

The district reserves the authority to:

A. Determine the number of job-sharing positions, if any, within the district.

B. Require job-sharing employees to attend staff training or other staff development activities with compensation.

C. Abolish any job-sharing assignment, or change a job-sharing position to a full time position held by one employee, at the sole discretion of the district.

D. Consider any request to create a job-sharing position in a position currently held by one employee, or vice versa.

Employees sharing a position shall sign a job-sharing contract to be developed by human resource services. The contract shall identify contingencies which may arise during the course of employment including, but not limited to, computation of employee benefits and responsibility for participation in staff meetings and committees. The purpose of such contract is to address potential conflicts in an equitable manner in advance of actual conflicts.

The conditions provided by this policy are not intended to discourage job-sharing, nor to impose disproportionate burdens upon job-sharing staff members. The superintendent shall establish jobsharing procedures which describe the duties, responsibilities, salaries and benefits for individuals sharing a position.

Cross References:

• Board Policy No. 5110 Recruitment and Selection of Staff
• No. 5111 Employment of Staff
• No. 5210 Assignment, Reassignment and Transfer

Legal References:

• RCW 28A.400.300 Hiring and discharging employees— Leaves for employees— Seniority and leave benefits, retention upon transfers between schools
• 28A.405.070 Job Sharing

Adoption Date: May 13, 1998

Policy 5214- Employment Practices- Job-Sharing Staff Members

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Employees of the district are subject to the policies of the district, provisions of applicable labor agreements in effect, state board of education regulations, state superintendent of public instruction regulations and other applicable state law.

The superintendent shall be responsible for developing job descriptions for certificated and classified staff to assure that staff know job responsibility expectations.

Legal References:

• RCW 28A.67 Teachers— General Provisions
• RCW 28A.405.150 Minimum criteria for evaluations

Adoption Date: January 13, 1993

Policy 5220- Employment Practices- Certificated and Classified Staff Job Descriptions

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The district shall organize, complete and maintain personnel records and files for each staff member of the district which shall be kept secure under the authority of the superintendent. The contents of the files shall be available to the superintendent and to those staff authorized by the superintendent to organize, compile and maintain the personnel files. All those who have access to the files shall be required to maintain the confidentiality of the files and their contents. Any confidential college or university credentials or other confidential pre-employment materials received by the district shall be returned to the sender or destroyed at the time of employment.

The staff member shall be permitted, during normal district business hours, to review the contents of his/her personnel file in the presence of an authorized staff member.

Legal References:

• RCW 28A.405.250 Certificated employees, applicants for certificated position, not to be discriminated against— Right to inspect personnel file
• RCW 42.17.310(1) Certain personal and other records exempt (from public inspection)

Adoption Date: January 13, 1993

Policy 5230-Employment Practices- Certificated and Classified Personnel Records

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Certificated and Classified Staff Personnel Records

Location

The district shall maintain a personnel file for each of its staff members.

Staff Member’s Access to His/Her Personnel File

Any staff member has the right to examine and copy materials from and/or have copies made of his/her personnel file during regular business hours.

1. The superintendent or other designees must be present when a staff member is given access to his/her file in order to offer the staff member assistance and interpretation of material contained in the file.

2. The district shall establish a copy fee.

Access by Others to a Personnel File

1. In addition to the superintendent and other designees, a member of the board of directors shall have access to personnel files.

2. Any person authorized by a valid court order shall have access to personnel files.

3. Building principals and/or immediate supervisors may examine the files of staff employed in their building.

Contents of Personnel File

A personnel file may contain, but is not limited to, transcripts from colleges or universities, information allowed by statute, a record of previous employment, evaluations, professional assessment instruments, letters of recommendations and copies of district contracts. All material in the personnel file must be related to the staff member’s work, position, salary or employment status in the district.

Adding Material

The building principal, immediate supervisor and superintendent or his/her designees are responsible for placing materials in the proper personnel file within ten (10) days of receipt or origination of said material. All materials placed in a personnel file will be signed and dated. When material is critical of a staff member, the person responsible for placing this material in the staff member’s file must forward a copy of the material to the staff member.

Investigative File

The district shall maintain an investigative file containing all documents relating to instances of sexual misconduct by a district employee that are substantiated by the district. At the conclusion of the district’s investigation of allegations of sexual misconduct by an employee, that employee may review the investigative file and attach rebuttals to any documents as the employee deems necessary.

Upon receiving a request from another school district for disclosure of information and documents on sexual misconduct concerning a current or former district employee, accompanied by consent to such disclosure and a release of liability signed by such employee, the district shall provide the requesting school district with a copy of any investigative file or any other documents related to allegations of sexual misconduct that have been substantiated. The district shall comply with such a request within 20 business days after receiving the request.

Retention of Documents on Verbal or Physical Abuse or Sexual Misconduct

The district shall not agree to remove or expunge documents concerning a current or former employee’s verbal or physical abuse, or sexual misconduct, from any district file or to otherwise suppress information about verbal or physical abuse, or sexual misconduct by a current or former employee. However, the district may remove or expunge documents about alleged verbal or physical abuse or sexual misconduct that has not been substantiated.

Revised: January 13, 1993, January 12, 2005

Procedure- 5230P- Employment Practices- Certificated and Classified Staff Personnel Records Procedures

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The Board recognizes that the professional growth and evaluation  employees is important to improve the effectiveness and efficiency of the district. Staff are expected to perform the duties identified in their contracts and/or  job descriptions, in addition to any other reasonable responsibilities that may be  assigned or directed by their supervisors.  .

Certificated Teachers and Principals

Evaluations for certificated teachers and principals will be in compliance with the requirements of chapter 28A.405 RCW and applicable collective bargaining agreements or memoranda negotiated pursuant to chapter 41.59 RCW. The primary purpose of such evaluations will be to enhance and improve an employee’s performance so as to improve student learning.

Certificated Support Personnel

“Certificated support personnel” and “certificated support person” mean a certificated employee who provides services to students and holds one or more of the education staff associates (ESA) certificates pursuant to WAC 181-79A-140(5). ESA certification includes: school speech pathologists or audiologists, school counselors, school behavior analysts, school nurses, school occupational therapists, school orientation and mobility specialists, school physical therapists, school psychologists, and school social workers.

Certificated support personnel are considered non-classroom teachers for purposes of the Professional Growth and Evaluation System and are not subject to the four-level rating system. The performance of certificated support personnel will be evaluated consistent with state law and applicable collectively bargained processes. The purpose of such evaluations will be to improve the employee’s performance and alert the employee to any performance deficits or concerns.

Other Administrative Staff

The performance of administrative staff other than certificated principals and assistant principals as referenced in the section above will be evaluated at least once per year. The purpose of such evaluations will be to improve the employee’s performance and alert the employee to any performance deficits or concerns.

Classified Staff

The performance of classified staff will be annually evaluated by their supervisor consistent with applicable collectively bargained processes. The purpose of such evaluations will be to improve the employee’s performance and alert the employee to any performance deficits or concerns.

Cross References:      

• Policy 5520- Staff Development
• Policy 5280- Separation from Employment

Legal References:        

• RCW 28.400.100- Principals and vice principals – Employment of Qualifications - Duties
• RCW  28.A.405.100- Minimum criteria for the evaluation  of certificated employees – Four-level evaluation. Procedures – Steering committee –             Implementation – Reports- Comprehensive performance evaluation
• RCW 28.405.220- Conditions and contracts of employment Nonrenewal of provisional employees – Notice -                                                                              Procedure
• RCW 28A.405.300- Adverse change in contract status of certificated employee – Determination of probable cause – Notice – Opportunity for hearing
• RCW 28A.405.110- Evaluations – Legislative findings
• RCW 28A.405.120- Training for evaluators
• RCW 28A.405.130- Training in evaluation procedures required
• WAC 181-79A-140- Certificate roles
• WAC 392-191A- Professional Growth and Evaluation of School Personnel

Adoption Date: January 13, 1993

Revised Date: April 26, 2023

Policy 5240- Evaluation of Staff

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The district encourages the reporting of improper governmental action by any district officer or employees and will protect employees against retaliatory employment action for reporting improper governmental action when the reports are made in compliance with this policy and related procedures. District officers and employees are prohibited from taking retaliatory action against an employee because the employee has in good faith reported alleged improper governmental action in accordance with this policy and related procedures.

The superintendent shall establish procedures for receiving and acting on employee reports of improper governmental action and responding to allegations of retaliation.

Legal Reference:

• RCW 42.41.010 to 42.41.060 Local Government Whistleblower Protection

Adoption Date: January 13, 1993

Policy 5241- Employment Practices- REporting Improper Governmental Action

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Reporting Improper Governmental Action

Definitions: As used in this policy and procedure, the following terms shall have the meanings indicated.

A. "Improper governmental action" means any action by a district officer or employee:

1. That is undertaken in the performance of the officer or employee's official duties, whether or not the action is within the scope of the employee's job; and

2. That (i) is in violation of any federal, state or local law or rule, (ii) is an abuse of authority, (iii) is of substantial and specific danger to the public health or safety, or (iv) is a gross waste of public funds.

Improper governmental action does not include personnel actions.

B. "Retaliatory action" means any adverse change in the terms and conditions of a staff member's employment.

C. "Emergency" means a circumstance that if not immediately changed may cause damage to persons or property. Employees are encouraged to report instances which they believe constitute governmental misconduct.

Reporting: Employees who become aware of actions, that they believe constitute improper governmental action, should raise the issue first with their supervisor. If requested by the supervisor, the employee shall submit a written report to the supervisor or designee, stating in detail the basis for the employee's belief that an improper governmental action has occurred.

Where the employee reasonably believes the improper governmental action involves his/her supervisor, the employee may raise the issue directly with the superintendent or the person whom the superintendent has designated to receive reports of improper governmental action.

In case of emergency where the employee believes that damage to persons or property may result if action is not taken immediately, or where the employee has a legal obligation to report (for instance, where child abuse is suspected), the employee shall report the improper governmental action directly to the appropriate government agency with responsibility for investigating the improper action.

District employees who fail to make a good faith attempt to follow this policy and procedure in reporting improper governmental conduct shall not be eligible for the protections outlined.

Response: The employee's supervisor, the superintendent or the superintendent's designee shall take prompt action to see that the report of improper governmental action is properly investigated.

Persons involved in the investigation shall keep the identity of reporting employees confidential to the extent possible under law, unless the employees authorize the disclosure of their identities in writing.

After an investigation has been completed, the reporting employee shall receive a summary of the investigation results, except to the extent that resulting personnel actions must be kept confidential.

If a reporting employee reasonably believes that an adequate investigation was not done by the district, that insufficient action has been taken, or that the improper governmental action is likely to recur, the employee may report information about the improper governmental action directly to the appropriate government agency.

Retaliation: Employees who believe that they have been retaliated against for reporting an improper governmental action should advise their supervisor, the superintendent or the superintendent's designee. Appropriate action to investigate and address complaints of retaliation shall be taken.

If the complaint cannot be formally resolved, the employee shall provide written notice to the superintendent that specifies the alleged retaliatory action and the relief requested by the employee. The written complaint must be filed within thirty (30) days of the alleged retaliation. The district will respond to the complaint within thirty (30) days of receiving the written notice.

If the employee alleging retaliation receives no response from the district or objects to the district's response, the employee may request a hearing before a state administrative law judge. The request for a hearing must be delivered in writing to the superintendent either fifteen (15) days following the district's response, or forty-five (45) days after the complaint was filed, if there was no response.

The district will apply for a hearing within five (5) working days to:

Office of Administrative Hearings
P.O. Box 42488
Rowe Six, Building 1
4224 - 6th S.E.
Lacey, WA 98504-2488
(206) 459-6353

The district will consider any recommendation provided by the administrative law judge that an employee found to have retaliated against an employee who reported improper governmental action be suspended with or without pay or dismissed.

Administration: A summary of this policy and procedure will be permanently posted where all employees will have reasonable access to it, the policy and procedure will be made available to any employee who requests them, and the policy and procedure will be given to all new employees.

The following is a list of agencies responsible for enforcing federal, state and local laws and investigating issues involving potential improper governmental action.

Employees having questions about these agencies or the procedures for reporting improper governmental action are encouraged to contact their supervisor, the superintendent or designee.

• Local City Police Department or County Sheriff's Office
• U.S. Department of Education
  Office of Inspector General
  915- 2nd Avenue
  Seattle, Washington, 98178
  Audits- 206-553-0657
  Investigations- 206-553-1482
• Local County Prosecutor's Office
• Local City or County Health Department
• Local City or County Environmental Protection Office
• Environmental Protection Agency
  Criminal Investigations
  1200- 6th Avenue
  Seattle, Washington
  206-553-8306
• Washington Attorney General's Office
  Fair Practices Division
  2000 Bank of California Center
  900- 4th Avenue
  Seattle, Washington
  206-464-6684
• Equal Employment Opportunity Comm
  2815- 2nd Avenue, Suite 500
  Seattle, Washington 98278
  206-553-0968
• Washington Auditor's Office
  Legislative Building
  P.O. Box 40021
  Olympia, Washington 98504-0021
  360-753-5280
• Federal Emergency Management Agency
  130- 228th Street SW
  Bothell, Washington 98011
  425-487-4600
• Washington Department of Ecology
  3190 160th Street SE
  Bellevue, Washington 98008-5852
  425-649-7000
• U.S. Department of Labor Occupational Safety and Health
  1111 3rd Ave, Suite 715
  Seattle, WA 98101-3212
  206-553-5930
• Washington Human Rights Commission
  402 Evergreen Plaza Bldg. FJ- 41
  711 South Capitol Way
  Olympia, Washington 98504-2490
  360-753-6770
• National Transportation Safety Board
  19518 Pacific Highway South
  Seattle, Washington
  206-764-3782
• Washington Department of Labor and Industries
  300 West Harrison, Room 201
  Seattle, Washington
  206-281-5400
• U.S. Department of Transportation Office of Inspector General
  915 2nd Avenue
  Seattle, Washington 98278
  206-553-5720
• Washington Department of Natural Resources
  P.O. Box 68
  Enumclaw, Washington 98022
  360-825-1631
• WA Superintendent of Public Instruction
  Old Capitol Building
  P.O. Box 47200
  Olympia, Washington 98504-7200
  360-753-6738
• Puget Sound WAter Quality Authority
  P.O. Box 40900
  Olympia, Washington 98504
  360-493-9300

Revised: January 13, 1993, June 17, 1998

Procedure 5241P- Employment Practices- Reporting Improper Governmental Action Procedures

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Conflict of Interest

 No district employee will engage in nor have a direct financial interest in any activity which conflicts with his/her duties and responsibilities. Further, no district employee may employ or use any person, money, or school property under the employee's official supervision, control or direction for the private gain of that employee or another.

 Situations where a conflict of interest may exist include, but are not limited to:

A. Receiving economic benefit from selling or promoting the sale of goods or services to district students or their parents where the staff member's relationship to the district is in any way utilized to influence the sale;

B. Receiving economic benefit from the sale of instructional and training materials and/or equipment where the district has specifically engaged a staff member(s) to develop such material or equipment. In such instances, the district shall retain a proprietary interest;

C. Encouraging a student who is enrolled in one or more of the staff member's classes or coach’s team to take private lessons or to engage in tutoring for a fee from the staff members;

D. Using or providing for others a list of names and contact information obtained from school records or school-related contacts for purposes of identifying potential client or customer contacts;

E. Participating in any way in the selection process for materials, books, or equipment when an item developed or authored by the staff member or a relative of the staff member is under consideration for district use;

F. Being involved in the selection of an applicant or in the appointment, evaluation or supervision of any other staff member who is a relative; 

G. Using the interschool mail to promote sales of a product in which a staff member has a financial interest;                                                                                     

H. Providing a staff or student directory for use in promoting sales of a product or service;

I. Purchasing or otherwise acquiring surplus district property, where the staff member was involved in or had influence in the process of declaring the item(s) as surplus; and

J. No staff member may solicit students for privately arranged field trips or excursions; use school district facilities or equipment for planning purposes of the privately arranged field trip or excursion; or use school time to plan a privately arranged field trip or excursion;

Written permission from the Superintendent or designee or principal is necessary when:

A. A certificated staff member wishes to tutor or give private lessons for a fee to any student who is enrolled in one or more of the teacher’s classes; or

B. A certificated staff member, such as a communication disorder specialist, psychologist or specialized music teachers, wishes to give private instruction for a fee to any student who is currently being served by that individual in the regular school program.

 Exceptions

A district employee may use public resources to benefit others as part of the employee’s official duties, if the expenditure is of de minimus value (of little or no value; no impact on public funds) and is purchased with the consent of his/her supervisor.

Federal conflict of interest

No employee, officer, or agent must participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest.  Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract.  

The officers, employees, and agents of the non-Federal entity must neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.  However, non-Federal entities may set standards for situations in which the financial interest is not substantial or the gift is an unsolicited item of nominal value.  The standards of conduct must provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents of the non-Federal entity.

Legal References:      

• RCW 28A.400.332       Use of persons, money or property for private gain
• WAC 180-87-090         Improper Remuneration Conduct

Adoption Date: January 13, 1993

Revision Date: December 14, 2011, December 13, 2017

Classification: Priority

Policy 5251- Conflict of Interest

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The Board recognizes the right of its employees, as citizens, to engage in political activities that do not substantially interfere with the performance of their duties or the orderly conduct at school.

Whenever staff are performing job responsibilities, using district facilities as employees, or reasonably appear to be acting in their role as a district staff member, they must comply with district policies and procedures, including 2330 (academic freedom), 2331 (controversial issues), and 5201 (drug-free schools and workplace). This includes maintaining an environment free from prejudice that promotes the free exchange of facts and ideas between students and teachers.

At all times, including off campus, staff must also refrain from conduct that would substantially interfere with their ability to perform their duties consistent with district policies and procedures, or that would foreseeably cause a substantial disruption to the operation of the school.

A staff member may seek an elective office or participate in an issue campaign, provided that the staff member does not campaign on district property during working hours or used district facilities for electoral purposes in their role as an employee. In the event the staff member is elected to office, the employee may request a leave of absence in accordance with the leave policies of the district or the provisions of any applicable collective bargaining agreement.

No individual will solicit on school district property for any contribution to be used for partisan political or electoral purpose.

The Superintendent or designee is directed to establish procedures which specify the condition under which a staff member can participate in political activities.

Cross References:

• Policy 4400 Election Activities
• Policy 2330 Academic Freedom
• Policy 2331 Controversial Issues - Guest Speakers
• Policy 5201 Drug - Free Schools and Workplace

Legal Reference:

• RCW 41.06.250 Political activities
• RCW 42.17A.555 Use of public office or agency facilities in campaigns – Prohibition - Exceptions
• RCW 42.17A.635 Legislative activities of state agencies, other units of government, elective officials, employees

Classification: Discretionary

Adoption Date: August 9, 1995

Revised Date: September 9 , 2020

Policy 5252- Staff Participation in Political Activities

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Guidelines for staff expression and participation in political activities are as follows:

1. While performing job responsibilities, using district facilities as employees, or appearing to be acting in their role as a district staff member, employees must act consistent with district policies and procedures, including maintaining an environment free from prejudice that promotes the free exchange of facts and ideas between students and teachers.

2. Participation in controversial events that occur on campus or involve students may conflict with this rule when the district has not endorsed the event.

3. Staff perform job responsibilities and represent the district in their use of district email accounts, classrooms, and in how they present themselves to students. Email signatures, classroom décor (posters, stickers, signage, etc.), expressive attire (buttons, hats, shirts, etc.), and other such forms of staff messaging are thus subject to this rule.

(a) Consistent with district policy, it is permissible for staff to use such channels of communication only for messaging that is:

(i) Curricular;

(ii) Stating the district’s approved, official positions or messages; or

(iii) Respectful personal expression on non-controversial issues.

Controversial issues should be addressed as part of the curriculum consistent with district policies 2330 and 2331.

(b) It is never permissible for staff to use such channels of communication for messaging that is:

(i) Obscene, lewd, or vulgar;

(ii) Libelous or slanderous;

(iii) Intimidating, demeaning, harassing, or threatening;

(iv) Discriminatory on the basis of religion, color, national origin, ancestry, sex, gender, sexual orientation, age, disability, or marital or veteran status;

(v) Promoting commercial enterprises or solicitation of funds, except for events that are fundraisers for the district, a school in the district, or a parent organization;

(vi) Requesting information for non-school organizations, including surveys and questionnaires, without prior district approval;

(vii) Promoting or opposing political candidates, campaigns, parties, or issues;

(viii) Violating or promoting the violation of existing laws, regulations, ordinances, or district/school policies rules, or regulations; or

(ix) Soliciting, proselytizing, or disparaging religious beliefs.

4. Staff members who engage in political activities off campus must take reasonable steps to ensure such activities do not interfere with the performance of their duties or foreseeably cause a substantial disruption to the operation of the school.

5. Any employee who intends to campaign for an elective political office is encouraged to submit a statement of intent to the Superintendent or designee at least two weeks prior to the filing date. The letter of intent to file for political office should include a statement that outlines:

(a) The degree to which the employee might request leave to make personal appearances during work hours;

(b) The anticipated release time to conduct the duties associated with the elective office.

6. Any employee who indicates an intent to campaign for an elective office or ballot measure will be advised that:

(a) Political activities must not occur during the working hours of the employee or using district facilities as an employee. This does not preclude the employee from renting space if such space is available on a rental basis for candidates or campaigns who are not associated with the school district.

(b) Political circulars, petitions or endorsements may not be distributed or posted on school property.

(c) The collection of campaign funds and/or the solicitation of campaign workers is prohibited on school property.

(d) The use of students for writing or addressing political materials, or the distribution of such materials to or by students is prohibited.

7. An employee may not campaign for a political candidate or ballot measure during school hours on school property.

8. Staff members who hold elective office are not entitled to release time from their school duties for reasons incidental to such office, except as such time may qualify under the leave policies of the Board or a provision of a negotiated labor agreement.

9. Violation of any of the stated rules may constitute sufficient cause for reprimand or dismissal

Adoption Date: August 9, 1995

Revised Date: September 9, 2020

Procedure 5252P- Staff Participation in Political Activities Procedures

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The purpose of this policy is to provide all staff, students, volunteers and community members with information to increase their awareness of their roles in protecting children from inappropriate conduct by adults. This policy applies to all district staff and volunteers.

The board expects all staff members to maintain the highest professional, moral and ethical standards in their interaction with students. District Staff members are required to maintain an atmosphere conducive to learning, through consistently and fairly applied discipline and established and maintained professional boundaries. Staff members are expected to set examples for students by appropriate conduct and behavior.

The interactions and relationships between staff members, agency personnel and students should be based upon mutual respect and trust, an understanding of the appropriate boundaries between adults and students inside and outside of the educational setting, and consistency with the educational mission of the District. Staff members and agency personnel will not intrude on a student’s physical and emotional boundaries. Additionally, staff members and agency personnel are expected to be sensitive to the appearance of impropriety in their own conduct and the conduct of other staff when interacting with students.

Staff members and agency personnel will notify and discuss issues with their building administrator or supervisor whenever they suspect or are unsure whether conduct is inappropriate or constitutes a violation of this policy. All staff members are expected to continue to meet their obligations to report to law enforcement or Child Protective Service in a timely manner when they have reasonable cause to believe that a child has been subject to abuse or neglect.

The board recognizes that staff may have familial and pre-existing social relationships with parents or guardians and students. Staff members are expected to use appropriate professional judgment when they have a dual relationship to students in order to avoid violating this policy, or create the appearance of impropriety or favoritism. Staff members shall pro-actively discuss these circumstances with their building administrator or supervisor.

Use of Technology

The board supports the use of technology to communicate for educational purposes. However, District employees are prohibited from inappropriately communicating with students on-line or from engaging in any conduct on social networking web sites that violates the law, District policies or other generally recognized professional standards. Employees whose conduct violates this policy may face discipline up to and including termination, consistent with the District’s policies, acceptable use agreement and collective bargaining agreements, as applicable.

The Superintendent or designee will develop staff protocols for reporting and investigating allegations and develop procedures and training to accompany this policy.

Cross References:

• 3205 – Sexual Harassment of Students Prohibited
• 3207 – Prohibition of Harassment, Intimidation and Bullying
• 3210 – Nondiscrimination

Legal References:

• Title IX of the Education Amendments of 1972
• Chapter 9A.44, RCW – Sex offenses
• Chapter 9A.88, RCW – Indecent exposure - Prostitution
• RCW 28A.400.320 – Crimes against children – Mandatory termination of classified employees – Appeal – Recovery of salary or compensation by district
• RCW 28A.405.470 – Crimes against children – Mandatory termination of certificated employees – Appeal – Recovery of salary or compensation by district
• RCW 28A.405.475 – Termination of certificated employee based on guilty plea or conviction of certain felonies – Notice to superintendent of public instruction – Record of notices
• RCW 28A.410.090 – Revocation or suspension of certificate or permit to teach – Criminal basis – Complaints – Investigation – Process
• RCW 28A.410.095 – Violation or noncompliance – Investigatory powers of superintendent of public instruction – Requirements for investigation of alleged sexual misconduct towards a child – Court orders – Contempt – Written findings required
• RCW 28A.410.100 – Revocation of authority to teach – Hearings
• Chapter 28A.640, Sexual Equality Chapter 28A.642, RCW Discrimination Prohibition
• Chapter 49.60, RCW – Washington State Law Against Discrimination
• Chapter 181-88 WAC Definitions of sexual misconduct, verbal and physical abuse – Mandatory disclosure – Prohibited agreements

Adoption Date: August 26, 2015

Revised Date: September 27, 2017

Classification: Priority

Policy 5253- Employment Practices- Maintaining Professional Staff and Student Boundaries

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The purpose of this procedure is to provide all staff, agency personnel, contractors, students, volunteers and community members with information to increase their awareness of their role in protecting children from inappropriate conduct by adults. In a professional staff/student relationship, school employees maintain boundaries that are consistent with the legal and ethical duty of care that school personnel have for students.

A boundary invasion is an act, omission, or pattern of behavior by a school employee that violates professional staff/student boundaries, does not have an educational purpose, and has the potential to abuse the staff/student relationship.

Unacceptable Conduct

Examples of inappropriate boundary invasions by staff members include but are not limited to the following:

A. Any type of inappropriate physical contact or communication with a student or any other conduct that might be considered harassment under the board’s policies on NonDiscrimination, Sexual Harassment of Students, Prohibition of Harassment, Intimidation and Bullying, Title IX of the Education Amendments of 1972, or the Washington State Law Against Discrimination (Chapter 49.60 RCW), or that constitutes misconduct under RCW 28A.640 and .642 or WAC 181-88-060; or any conduct between staff and students that would constitute a violation of Chapter 9A44 or 9A.88 RCW;

B. Showing pornography to a student;

C. Singling out a particular student or students for personal attention and friendship beyond the professional staff-student relationship;

D. Socializing where students are consuming alcohol, drugs or tobacco;

E. Providing alcohol, drugs or tobacco to students;

F. For non-guidance/counseling staff, encouraging students to confide their personal or family problems and/or relationships. If a student initiates such discussions, staff members are expected to refer the student to appropriate guidance/counseling staff. In either case, staff involvement should be limited to maintain a direct connection between staff involvement and the student’s school performance;

G. Sending or taking students on personal errands;

H. Banter, jokes or innuendos of a sexual nature with students;

I. Disclosing personal, sexual, family, employment concerns or other private matters to one or more students;

J. Addressing students or permitting students to address staff members with personalized terms of endearment, pet names, or otherwise in an overly familiar matter;

K. Maintaining personal contact with a student outside of school by phone, e-mail, social media, communication applications, chat rooms, or letters (beyond homework or other legitimate school business);

L. Exchanging personal gifts, photographs, cards or letters with a student that are not directly related to school activities;

M. Socializing or spending time with a student in person or virtually (including but not limited to activities such as going out for beverages, meals or movies, shopping, traveling and recreational activities) outside of school-sponsored events, except as participants in organized community activities;

N. Giving a student a ride alone in a vehicle in a non-emergency situation;

O. Unnecessarily invading a student’s privacy;

P. Soliciting phone, email, text messages or other forms of written or electronic communication to/from students; and

Q. Any other conduct that fails to maintain professional staff/student boundaries.

Appearances of Impropriety

The following activities can create an impropriety or the appearance of impropriety. Whenever possible, staff should avoid these situations. If unavoidable, these activities should be preapproved by the appropriate administrator. If not pre-approved, the staff member must report such occurrences to the appropriate administrator as soon as possible.

A. Being alone with an individual student out of the view of others;

B. Inviting or allowing individual students to visit the staff member’s home;

C. Visiting a student’s home;

D. Sending e-mails, text messages or other electronic communications to the student, even when the communication relates to school business, except where the parent or guardian has consented to such communications and receives a copy of the communication. Staff should use school e-mail address and phone numbers and the parents’ phone numbers for communications with students, except in an emergency situation;

E. Social networking with students for non-educational purposes, in person or virtually; and

F. Staff shall not initiate or respond by way of an individual text message(s) with a student without including a parent, administrator, colleague, or teammate.

Reporting Violations

Students and their parents/guardians are strongly encouraged to notify the principal or supervisor if they believe a staff member, agency personnel, contractor, or volunteer may be engaging in conduct that violates this policy or procedure.

Staff members are required to promptly notify the principal or supervisor of the staff member, agency personnel, contractor, or volunteer suspected of engaging in inappropriate conduct that violates this policy or procedure.

The administrator to whom a boundary invasion concern is reported must promptly notify the Executive Director of Human Services, and Human Services will maintain a file documenting reports of this nature which are made.

Reporting Sexual Abuse

All school personnel who have reasonable cause to believe that a student has experienced sexual abuse by a staff member, volunteer, agency personnel, or contractor working in the District are required to make a report to Child Protective Services or law enforcement pursuant to Policy 3421 – Child Abuse, Neglect and Exploitation Prevention, and RCW 26.44. Reporting suspected abuse to the building principal or supervisor does not relieve school personnel from their reporting responsibilities and timelines.

Disciplinary Action

Staff violations of this policy may result in disciplinary action up to and including dismissal. The violation will also be reported to the state Office of Professional Practices. Violations involving sexual or other abuse will also result in referral to Child Protective Services and/or law enforcement in accordance with the Board’s policy on Reporting Child Abuse and Neglect. 

Training

All new employees will receive training on appropriate staff/student boundaries within 90 days of employment or service. Continuing employees will receive training every three years.

Dissemination of Policy and Reporting Protocols

Policy 5253 and Procedure 5253P will be included on the District website and in all employee, student and volunteer handbooks. Annually, all administrators and staff will review the district’s reporting protocol.

Adoption Date: August 26, 2015

Revised Date: September 27, 2017

Procedure 5253P- Employment Practices- Maintaining Professional Staff and Student Boundaries Procedures

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The employment contracts of individual classroom teachers and certificated support personnel, hereafter referred to as certificated employees, may be non-renewed at the end of the person’s contract period by action of the superintendent. Such non-renewals may be based upon unsatisfactory performance or changes in the district's financial circumstances and/or staffing needs. Except for provisional employees, non-renewals for unsatisfactory performance shall be preceded by a probationary period. This will not apply to provisional certificated employees.

The superintendent shall establish a plan to assist those certificated employees whose performance, as determined through the evaluation process, does not meet minimum requirements. The district may require the employee to take in-service training provided by the district in the area of teaching skills needing improvement.

Classified staff have probationary status during the first ninety (90) days of employment. During that period of time, they are subject to termination without advance notice. Upon satisfactory completion of probation, a classified staff member may be granted regular employment status. Regular status classified staff are employed on a month-to-month basis and may be terminated for cause. Such staff member shall be entitled to an informal pre-termination meeting with the superintendent prior to any action taken by the board of directors to terminate a staff member for performance-related issues. This entitlement to an informal pre-termination meeting does not apply to terminations or reductions of employment implemented as a part of a reduction in District programs or services due to financial considerations.

Cross Reference:

• Board Policy 5222 Personnel – Probation/Non-Renewal or Termination

Legal References:

• RCW 28A.405.300 Adverse change in contract status of certificated employees—Determination of probable cause— Notice—Opportunity for hearing
• 28A.405.210 Conditions and contracts of employment— Determination of probable cause for non-renewal of contracts—Notice—Opportunity for hearing
• 28A.405.220 Conditions and contracts of employment—Nonrenewal of provisional employees—Procedure 2
• 8A.405.140 In-service training for teacher may be required after evaluation
• 28A.400.340 Discharge Notices Include Appeal Rights

Adopted: January 13, 1993

Revised: October 23, 2002 August 17, 2005 March 25, 2009

Policy 5254- Employment Practices- Probation/Non-Renewal or Termination

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Certificated Staff

Certificated employees, defined as classroom teachers and certificated support personnel, whose performance does not meet minimum requirements based upon the specific categories for evaluation shall receive written notice no earlier than October 15. This section does not apply to provisional certificated employees. The administration shall exercise the following steps:

Administrator's Report

When an administrator determines on the basis of the specific categories for evaluation that the performance of a certificated employee does not meet minimum requirements, the administrator shall report the same in writing to the superintendent. The report shall include the following:

A. The evaluation report; and

B. A specific and reasonable plan for improvement.

Establishment of Probationary Period

If the superintendent concurs with the administrator that the certificated employee’s performance does not meet minimum requirements, the superintendent shall place the certificated employee on probation for not less than 60 school days. The staff member shall receive written notice of the action which shall contain the following information:

A. The specific area(s) of deficiency;

B. A specific and reasonable plan for improvement which gives the certificated employee the opportunity to demonstrate improvement in any area of deficiency; and

C. The duration of the probationary period;

Evaluation During the Probationary Period

A. When appropriate, the administrator may utilize district certificated resource persons (e.g., consultants and other staff) who shall observe the certificated employee's performance and offer suggestions for improvement. During the probationary period the administrator shall meet at least twice monthly with the certificated employee to determine progress made and make a written evaluation.

B. The certificated employee may be removed from probationary status at any time.

Administrator's Post-Probationary Report

At the end of the probationary period the administrator shall submit a written report to the superintendent. The report shall identify any improvement in the area(s) of deficiency and shall specify that the certificated employee has or has not demonstrated sufficient improvement in the stated area(s) of deficiency to justify removal from probationary status.

Action by the Superintendent

When the superintendent determines that the certificated employee has not demonstrated sufficient improvement in the stated area(s) of deficiency, the superintendent shall make a determination of probable cause for non-renewal of the certificated employee's contract and shall provide written notice to the staff member by May 15, or June 1 if the omnibus appropriations act has not passed the legislature by May 15. Such notice shall contain notice of any appeal rights the certificated employee may have and notice of the appeal processes.

Any certificated employee, except provisional employees, so notified shall be granted an opportunity for a hearing to determine whether or not there is sufficient cause(s) for nonrenewal. The hearing may be "open" or "closed" depending on the wish of the certificated employee. Selection of the hearing officer and conduct of the hearing shall be in accordance with RCW 28A.405.310. Should the hearing officer's decision uphold the district's non-renewal action, the certificated employee may appeal to the superior court (RCW 28A.58.460-500).

Any certificated staff member who does not request a hearing shall be adversely affected as specified in the written notice. 

Provisional Employees

Provisional employees whose performance does not meet minimum requirements shall receive written notice from the superintendent by May 15, or June 1 if the omnibus appropriations act has not passed the legislature by May 15, that the district does not intend to renew the employment contract. Such notice shall cite the reason for such determination and shall contain notice of any appeal rights that the employee may have and notice of the appeal processes.

Within ten (10) days of receiving such notice the provisional employee may request (in writing) the opportunity to hold an informal meeting with the superintendent. The superintendent shall submit his/her recommendation for non-renewal to the board (RCW 28A.405.220). The provisional employee shall be notified in writing of the superintendent's decision at least three (3) days prior to a meeting of the board.

The board shall consider any written communication prior to rendering a decision. The board shall notify the provisional employee of its decision within ten (10) days following the meeting. Such decision shall be considered final.

Any provisional employee who does not request a hearing shall be adversely affected as specified in the written notice.

Classified Staff

Classified staff whose performance does not satisfy the needs of the district shall receive written notification from the administrator. Such written notice shall contain the following information:

A. Subject to the action of the board of directors, the final date of employment with the district.

B. The right to request a pre-termination meeting within five (5) working days following notice.

C. Notice of any appeal rights that the employee may have and notice of the appeal processes.

At the pre-termination meeting, the staff member shall be entitled to be advised as to the reason(s) why the month-to-month employment agreement is being terminated and an opportunity to respond to any of the reasons presented. These requirements do not apply to terminations or reductions of employment implemented as part of a reduction in District programs or services due to financial considerations. Terminations and reductions of employment in connection with a reduction in District programs or services shall be implemented in accordance with applicable law.

Revised: January 13, 1993, August 28, 1996, August 17, 2005, March 25, 2009, July 27, 2010

Procedure- 5254P- Employment Practices - Probation/Non-Renewal or Termination Procedures

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Alcohol and Controlled Substances Program

Snohomish School District has a vital interest in maintaining a safe, healthful, and productive environment for its employees and students. In this regard and to comply with the Department of Transportation (DOT), Federal Highway Administration Regulations, an alcohol and controlled substances testing program is being established for those employees required to have a Commercial Driver’s License (CDL).

To achieve as safe a workplace as possible, Snohomish School District employees who hold a Commercial Driver’s License must be free from the effects of alcohol and controlled substances that impair job performance. This does not include drugs prescribed by a licensed medical practitioner and used according to instructions.

I. Definitions

A. Alcohol is the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohols.

B. Alcohol Use is the consumption of any beverage, mixture or preparation, including any medication containing alcohol.

C. Alcohol Concentration (or content) is the alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test.

D. Controlled Substance (drug) means narcotics, depressants, stimulants, hallucinogens, cannabis (marijuana and hashish) that can alter the mood, perception, pain level, judgment or the ability of the employee to perform his/her duties in a safe and efficient manner. Includes all substances listed on Schedules 1 through V (21 CFR 12308).

E. Prescribed Drug is any controlled substance, except methadone, lawfully prescribed for therapeutic use for the individual having possession of it.

F. Safety-Sensitive Function means operating a commercial motor vehicle under conditions which require a Commercial Driver’s License. All school bus driver positions are safety-sensitive positions.

G. Performing a Safety-Sensitive Function is any period in which a driver is actually performing, ready to perform, or immediately available to perform any safety-sensitive function.

H. Accident is an occurrence involving death, injury and/or loss.

I. Under the Influence for purposes of this policy means:

1. Alcohol - having an alcohol concentration of 0.04 or greater.

2. Controlled Substance - a positive test result unless the Medical Review Officer determines a legitimate reason exists for the presence of a controlled substance in the CDL holder's system.

3. Symptoms - the symptoms of influence are not confined to misbehavior or obvious impairment of physical or mental ability. They include, without limitation, drowsiness, hyperactivity, slurred speech, red or tearing eyes, dilated and constricted pupils. However, the final determination of influence will be established by a scientifically valid test.

J. Workplace includes all work locations, desks, lockers, parking lots used by CDL holders while working and any vehicle engaged in school district business.

K. Medical Review Officer (MRO) is a licensed physician (medical doctor or doctor of osteopathy) with knowledge of drug abuse disorders. The MRO will review all controlled substance test results; will determine if the positive test results are correct and if there are legitimate reasons for the CDL holder to have controlled substances in his/her system.

L. Substance Abuse Professional (SAP) is a licensed physician (medical doctor or doctor of osteopathy), a licensed or certified psychologist, social worker, employee assistance professional, or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission) with knowledge of a clinical experience in the diagnosis and treatment of alcohol and controlled substance-related disorders.

M. Evidential Breath Testing Device (EBT) is a device approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath for alcohol concentration.

N. Breath Alcohol Technician (BAT) is an individual trained in the alcohol testing process and operates an EBT.

O. On-Duty Time includes all time spent providing a breath sample or urine specimen, including travel time to and from the testing and collection site, in order to comply with the random, reasonable suspicion, post-accident or follow-up testing required by this policy.

P. Commercial Motor Vehicle means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle 1) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight of 26,001 or more pounds; or 2) has a gross vehicle weight rating of 26,001 or more pounds; or 3) is designed to transport sixteen or more passengers, including the driver; or 4) is of any size used in the transportation of materials found to be hazardous for the purposes of the Hazardous Transportation Act and which require the motor vehicle to be placarded under the Hazardous Materials Regulations.

II. Regulations

A. Snohomish School District will not employ individuals who use illegal controlled substances in any amount. Accordingly, the use, possession, sale, distribution, dispensation, or the manufacture of illegal controlled substances is prohibited in the workplace.

B. CDL holders shall not report for duty or remain on duty if they are under the influence of controlled substances, except when the use is pursuant to the instructions of a licensed physician.

C. CDL holders having any reason to believe a controlled substance prescribed for their therapeutic use may present a potential safety problem are to report such use to their supervisor. A decision may be made to temporarily change their job function to ensure their safety, students’ safety, and that of school district property.

D. CDL holders shall not perform safety-sensitive functions within four hours after using alcohol.

E. CDL holders shall not report for duty or remain on duty while having an alcohol concentration of 0.02 or greater. Any CDL holder tested who has an alcohol concentration of 0.02 but less than 0.04 will not be permitted to perform a safety-sensitive function until 24 hours after the administration of the test.

F. Any CDL holder tested who is found to have an alcohol concentration of 0.04 or greater is considered to be under the influence and in violation of this policy.

G. CDL holders shall not be on duty while in possession of alcohol.

H. CDL holders required to take a Post-Accident alcohol test shall not use alcohol for eight hours following the accident, or until they undergo a Post-Accident alcohol test, whichever occurs first.

I. Managers or supervisors having knowledge a CDL holder is in violation of this policy shall not permit that CDL holder to perform a safety-sensitive function and are subject to disciplinary action up to and including termination.

J. CDL holders violating any provision of this policy are subject to termination.

K. CDL holders violating this policy shall be evaluated by a Substance Abuse Professional (SAP), who will determine what assistance, if any, the individual needs in resolving their alcohol or controlled substance problem.

L. If a CDL holder is allowed to return-to-duty after violating this policy, the CDL holder shall undergo a Return-To-Duty alcohol test with a result indicating an alcohol concentration of less than 0.02 and/or a controlled substance test with a verified negative result. In addition, each CDL holder identified as needing assistance in resolving an alcohol and/or controlled substance problem will be evaluated by the SAP to determine if the CDL holder properly followed the prescribed rehabilitation program.

M. CDL holders refusing to take an alcohol test or a controlled substances test when instructed by a supervisor or management official will not be permitted to perform a safety-sensitive function. Such refusal will be treated as a positive test unless a legitimate medical reason exists. Any one of the following actions by a CDL holder will be considered a refusal to test for alcohol or controlled substances:

1. CDL holder refuses to complete and sign the Federal Drug Testing Custody & Control Testing Form provided at a district named medical facility.

2. CDL holder refuses to provide an adequate amount of breath for alcohol testing, unless a doctor determines the failure is due or probably due to a medical condition.

3. CDL holder fails to provide a urine specimen.

4. CDL holder fails to cooperate with the testing process in a way that prevents the completion of the test.

III. Testing Requirements

A. The health and well-being of CDL holders and the safe and efficient operation of school buses are very important. To help management in this regard, alcohol and controlled substances testing will be used in the following situations:

1. Pre-Employment Testing - All driver applicants will be tested for controlled substances prior to performing any safety-sensitive functions, unless an exception is authorized by the regulations.

2. Reasonable Suspicion Testing - When a supervisor or management official believes a CDL holder's actions, appearance, conduct, or work performance indicates the possible use of alcohol and/or controlled substances in violation of this policy, the employee will be tested.

3. Post Accident Testing - All CDL holders involved in an accident shall be tested for alcohol and controlled substances, as required by law and deemed necessary by the District.

4. Random Testing - CDL holders will be randomly selected for unannounced alcohol and controlled substances testing. The selection will be through the use of a computer based number generated program. All CDL holders have an equal chance of being selected each time a selection is made.

5. Return-To-Duty Testing – Before a CDL holder who has engaged in conduct in violation of the alcohol and controlled substances policy can return to duty, a test will be conducted including the performance of a safety-sensitive function. The alcohol test must indicate an alcohol concentration of less than 0.02. The controlled substances test result must indicate the verified negative.

6. Follow-up Testing - When a CDL holder has engaged in conduct in violation of the alcohol and controlled substances policy, has passed the Return-To-Duty test and is allowed to return to a safety-sensitive position, a Follow-Up test will be conducted. The CDL holder is subject to Follow-Up testing for a maximum of five years. A minimum of six unannounced alcohol and controlled substances tests will be conducted during the first 12 months after returning to work. The number thereafter will be based on the recommendation of the SAP.

B. When CDL holders are required to take Reasonable Suspicion testing, or in certain accident situations stipulated by state law and outlined in district procedures, a CDL holder will not be allowed to return to work following an accident until test results are known. They will be offered transportation to their home and will be given specific instructions to follow until the test results are received. CDL holders will continue to be paid for their regularly scheduled shift at their current rate of pay until the test results are available. If the tests are negative, the CDL holder may return to work. 

C. CDL holders required to take Random alcohol and controlled substances tests through the random selection process will resume their duty status after completion of the alcohol test and submitting their urine specimen, if appropriate. If the final test is positive, the CDL holder's pay will terminate upon receipt of the test results and written official notice by the immediate supervisor.

D. When a urine specimen is provided by a CDL holder, it will be divided into a “split sample". If the controlled substance test is positive, the CDL holder may within 72 hours of being notified of the positive result by the MRO, request the second part of the split sample be analyzed by another laboratory. Should the second test result be positive, the CDL holder must pay all costs for the test. If it is negative, the entire test is considered negative and the school district will pay all costs.

E. Only qualified medical and laboratory personnel will conduct alcohol tests, urine specimen collections, and laboratory analyses. The laboratory used will be certified by the U.S. Department of Health and Human Services (DHHS). All alcohol tests indicating an alcohol concentration of 0.02 or above will undergo a second confirmation test. Each positive initial test for controlled substances will undergo a second confirmation test using a gas chromatography/mass spectrometry (GC/MS) technique to ensure the validity of the initial screening result.

F. When a controlled substances test has been conducted, the MRO will further evaluate the test result before forwarding it to the school district. The MRO will discuss each positive test with the CDL holder to determine if there is any legitimate reason for the positive result. The MRO will contact the CDL holder by telephone as soon as possible after receiving the results from the laboratory. If the MRO cannot contact the CDL holder within two days, the MRO will notify the school district and a supervisor will instruct the CDL holder to telephone the MRO. If the CDL holder does not contact the MRO within five days after being advised to do so, the MRO will verify the positive test result and the school district will be notified.

IV. Rehabilitation

A. Rehabilitation is the responsibility of each CDL holder. However, should a CDL holder require inpatient or out-patient treatment for alcohol or controlled substances abuse, he/she is eligible to receive those benefits allowed under the school district medical and insurance plan.

B. Confidential support is available through the District Employee Assistance Program for any CDL holder who believes he/she needs assistance.

C. A CDL holder’s decision to seek help for an alcohol or controlled substances problem will not be used as a basis for disciplinary action, nor will it jeopardize continued employment if the individual immediately stops using alcohol and controlled substances in violation of this policy.

V. Re-Hiring

A. Any CDL holder terminated for violating this policy, who wants to be re-hired, can be assured that the circumstances surrounding the violation and his/her work record will be carefully evaluated. Any decision on re-employment is entirely within the discretion of school district management.

B. Any decision to re-hire will be contingent upon the individual successfully passing a Return-ToDuty test, being evaluated by a SAP to determine that the CDL holder has properly followed any recommended rehabilitation program, and shall be subject to unannounced Follow-Up alcohol and controlled substances tests following the CDL holder's return-to-duty.

C. If it is established that a CDL holder has sold alcohol or controlled substances in the workplace, he/she will not be eligible for re-hire.

VI. Records Management Since alcohol and controlled substances test results are considered confidential information, each CDL holder will be required to sign an authorization for the test results and any evaluations by a Substance Abuse Professional to be released to the MRO and/or a designated school district official. All CDL holder information relating to the alcohol and controlled substances program will be maintained in a secure location with access restricted to only those individuals having a need to know.

VII. Effective Date - Notice to CDL Holders The policy set forth in this statement is effective as of January 1, 1995. Each CDL holder will receive a copy of this policy, educational materials that explain the requirements of this program, and the effects of alcohol misuse and controlled substances use on work performance.

Cross References:

• Policy No. 5255Disciplinary Action and Discharge
• 5257 Staff Assistance Program
• 5258 Drug-Free Schools, Community and Workplace

Legal References:

• 49 CFR 382.101 - 382.601
• 49 CFR 392.5

Adoption Date: March 8, 1995

Revised: October 25, 1995, May 14, 1997, February 11, 2004

Policy 5259- Employment Practices- Alcohol and Controlled Substances Program

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Alcohol and Controlled Substances Program

I. Purpose: The Snohomish board of directors has approved this district's alcohol and controlled substances testing program. The following procedures to implement and operate this program are in accordance with the Department of Transportation (DOT), Federal Highway Administration (FHWA) regulations.

The procedures below are not limited to the Federal Department of Transportation (DOT) requirements for controlled substance testing and that a positive test under a “non-federal drug screen-extended panel” in any identified test (e.g. pre-employment, random, reasonable suspicion, and/or post-accident) is a separate and independent basis for disciplinary action up to and including termination from employment with the District.

II. Prohibited Conduct: The following alcohol and controlled substances-related activities are prohibited by the district for drivers required to possess a Commercial Driver’s License (CDL) as part of their job responsibilities. Violation of this program’s policy will result in disciplinary action up to and including termination:

A. Using, possessing, selling, distributing, or manufacturing illegal controlled substances in the workplace.

B. Reporting for duty or remaining on duty when using controlled substances, except when used pursuant to the instructions of a licensed physician who has advised the CDL holder the substance does not adversely affect his/her ability to safely operate a vehicle. CDL holders are required to advise their respective supervisors of any therapeutic drug use.

C. Performing a safety-sensitive function within four hours after using alcohol.

D. Reporting for duty or remaining on duty while having an alcohol concentration of 0.04 or greater. Any CDL holder tested who has an alcohol concentration of 0.02 but less than 0.04 will not be permitted to perform a safety-sensitive function until 24 hours after the administration of the test.

E. Using alcohol or being in possession of alcohol while on duty.

F. Using alcohol within eight hours following an accident or until a post accident alcohol test is performed.

G. Refusing to submit to alcohol and controlled substances tests.

III. Testing Requirements: CDL holders will be tested in the following situations unless a waiver is authorized by FHWA regulations.

A. Pre-Employment Testing - Prior to performing any safety-sensitive functions for the district, applicants will be tested for controlled substances. The requirements are set forth in 49 CFR 382.301.

The district can waive the pre-employment controlled substances testing if the following conditions are met:

1. The driver has participated in a drug testing program in the previous 30 days; and

2. While participating in that program the driver must have either been tested for controlled substances in the previous six months, or participated in a random drug testing program for the previous 12 months; and

3. The district ensures that no prior employer of the driver has record of violations of any DOT controlled substances use rule for the driver in the previous 6 months.

These time periods are from the date of the application with the district.

Before a waiver can be granted, the CDL holder applicant must provide written authorization to obtain testing information from his/her previous employer(s) and the appropriate testing information must be obtained. If it is not feasible to obtain this prior testing information before using the CDL holder in a safety-sensitive function, the CDL holder can be used for a maximum of 14 days without having the information. If the CDL holder leaves before the 14 days has elapsed, obtaining the information is still required.

For complete guidance in various waiver situations and information gathering requirements, see the above FHWA regulation and 49 CFR 382.413.

B. Reasonable Suspicion Testing - When a trained supervisor has reasonable suspicion of alcohol misuse or controlled substances use, the CDL holder will not be allowed to perform a safety-sensitive function and will be tested as soon as possible. If he/she is not tested for alcohol within two hours following the observations, the district shall prepare a record explaining why there was a delay and keep it on file. If testing cannot be administered within eight hours, the district shall cease attempts to test and prepare and maintain a record as listed above. The decision to test will be based on specific, contemporaneous, and articulable observations concerning the appearance, behavior, speech, or bodily odors of the CDL holder. The observations related to alcohol must be made just prior to, during, or immediately after the CDL holder engages in a safety-sensitive function for the district.

When a CDL holder is tested and has an alcohol concentration of 0.02 or greater, the district will be immediately notified by telephone followed by written confirmation. Results of the controlled substances tests will not be known for at least 24 hours, and the CDL holder cannot perform safety-sensitive functions until the test results are known. In these situations, the CDL holder will be offered transportation to his/her residence with complete instructions regarding his/her availability to receive telephone calls from the Medical Review Officer (MRO) and/or the district.

A written record shall be made of the observations leading to the alcohol and controlled substances tests. The document shall completely describe the circumstances, observations, and any other information that had a direct affect on the decision. The record should be dated and signed by the official making the observations. If a second supervisor is involved, he/she should either prepare his/her own document or co-sign the first supervisor’s record.

C. Post Accident Testing - CDL holders involved in an accident shall be tested for alcohol and controlled substances, as required by law and deemed necessary by the District.

D. Random Testing - CDL holders will be randomly selected for unannounced alcohol and controlled substances testing at an annualized rate of 10% for alcohol and 50% for controlled substances. These rates may be changed by FHWA on a periodic basis. The testing will be evenly spread throughout the year. When the CDL holders are selected, the supervisors and management will schedule the unannounced testing at a time that works best for the district and the CDL holder. When testing for alcohol, the test must be just before, during, or just after the CDL holder has completed his/her safety-sensitive function.

E. Return-to-Duty Testing - If a CDL holder has engaged in conduct in violation of the alcohol and controlled substances policy and is being considered for Return-to-Duty status, the Substance Abuse Professional (SAP) must evaluate him/her to determine if any previously recommended rehabilitation program was followed. If he/she has followed the recommendations, the CDL holder will be given Return-To-Duty alcohol and controlled substances tests. The alcohol test must indicate an alcohol concentration of less than 0.02. The controlled substances test results must be verified negative.

F. Follow-Up Testing - When a CDL holder has engaged in conduct in violation of the alcohol and controlled substances policy, has passed the Return-To-Duty test, and is allowed to return to a safety-sensitive position, he/she will be subject to Follow-Up testing. During the first year after returning to duty status, the CDL holder will be subject to a minimum of six unannounced tests. The number thereafter will be based on the recommendation of the SAP.

IV. Alcohol Test Results and Consequences

A. Results indicating an alcohol concentration of less than 0.02 are negative.

B. Results indicating alcohol concentration of 0.02 but less than 0.04 will disqualify applicants and transfers for employment in the position. Current CDL holders will not be allowed to perform any safety-sensitive function for 24 hours after the test.

C. Results indicating an alcohol concentration of 0.04 or greater or a refusal to test are violations of the district's policy. Applicants will not be hired and transfers to safety-sensitive positions will not be allowed. Current CDL holders will be immediately removed from performing safety-sensitive functions. They will also be referred to the SAP for evaluation and recommendation for treatment, if appropriate.

D. Results indicating a dilute specimen will be treated as follows:

1. If the result is positive, it will be treated as a verified positive test.

2. If the result is negative, the employee will be retested on an unannounced basis. The employee will be transported to the collection site. The results of the second test will become the results on record. If the employee declines to take a second test, the action will be considered a refusal to test and in violation of DOT Regulations and Board Policy.

3. If the second test is also negative and dilute, the employee will not be retested.

V. Controlled Substances Test Results and Consequences When the Medical Review Officer (MRO) notifies the district that a CDL holder has tested positive, he/she will be immediately removed from performing a safety-sensitive function and referred to SAP for evaluation and recommendation for treatment, if appropriate. 

VI. Notification of Test Results When a CDL holder's alcohol concentration is 0.02 or greater or the controlled substances test result is positive, the district will be notified by telephone and the results will be confirmed in writing.

VII. Test Costs and Compensation

A. The district shall pay for Pre-Employment, Random, Reasonable Suspicion, and Post Accident tests.

B. CDL holders will be responsible for taking Return-To-Duty and Follow-Up tests on their own time and at their own expense. If a current employee is being involuntarily transferred to a position requiring a Commercial Driver’s License, the district will pay for the employee’s time and controlled substances testing.

C. If a CDL holder's initial controlled substances test is positive and he/she requests a split sample be tested, the second test is at the CDL holder's expense. Should the second test result be negative, the district will pay all costs.

VIII. Testing Procedures

A. All alcohol and controlled substances tests conducted in accordance with this district's policy will be at a district-named medical facility.

B. When a decision is made to have alcohol and controlled substances tests conducted, the following procedures should be followed:

1. Pre-Employment Testing - The following action should be completed prior to final hiring:

a. Call the district-named medical facility and advise them that Snohomish School District is sending an individual for pre-employment controlled substances testing.

b. Instruct the individual to be there at a designated time within the next 24 hours. Inform the individual that failure to test at the scheduled time without a delay authorization will be considered a refusal to test, and his/her application will be canceled.

c. Complete the Testing Authorization Form, and give it to the applicant. Instruct the applicant to give the form to the district-named medical facility upon arrival.

2. Reasonable Suspicion Testing - The following action should be taken when there is reasonable suspicion a CDL holder is under the influence of alcohol or controlled substances:

a. Transport the CDL holder to the district named medical facility.

b. Complete the Authorization Form.

c. A physician’s examination may be required to determine if there are other reasons for the person’s behavior.

d. When the alcohol and controlled substances testing process has been completed, provide the CDL holder with transportation to either his/her residence or back to the workplace, whichever is appropriate. Advise him/her that he/she will be on leave until the results of the tests are known.

3. Post Accident Testing - The following action should be taken when a CDL holder is tested in connection with an accident:

a. If the CDL holder is exhibiting signs of alcohol misuse or controlled substances use, or their injury prevents them from driving, he/she should be treated the same as if being tested For Reasonable Suspicion and be driven to and from the center.

b. If the CDL holder is not exhibiting signs and symptoms of alcohol misuse or controlled substance use, and his/her injury does not preclude him/her from driving, he/she can drive to the clinic and return to the workplace after the alcohol and the controlled substances testing process is finished. If there is any doubt, act in favor of safety and transport the CDL holder to the testing site.

c. Complete the Authorization Form.

d. CDL holders required to take a Post Accident test will not be allowed to perform a safety-sensitive function until the results of the alcohol and controlled substances tests are known, when one of the following has occurred:

• • • • the accident results in the loss of a human life; or
      • the CDL holder receives a citation under state or local law for a moving traffic violation arising from the accident, and if the accident involves one of the following:
      • a person is injured requiring immediate medical attention away from the scene of the accident; or
      • any vehicle involved in the accident is disabled (tow away).

e. CDL holders required to take a post accident test as the result of a non-injury accident in which the CDL holder is not at fault, will be eligible to return to safety sensitive functions at the discretion of the transportation supervisor.

4. Random Testing - When employees are selected through the random selection process, they can drive themselves to the clinic if the testing is not conducted on site. When they have finished the alcohol and controlled substances testing process, they can continue performing their safety-sensitive functions, if appropriate.

IX. Record Retention and Confidentiality

A. The district shall maintain records of its alcohol misuse and controlled substances use prevention program in a secure location with access limited to those having a need to know.

B. The records will be maintained in accordance with the following schedule:

1. Five Years

a. Records of CDL holder's alcohol test results indicating an alcohol concentration of 0.02 or greater.

b. Records of CDL holder's verified positive controlled substances test results.

c. Documentation of refusals to take required action.

d. Calibration documentation (maintained by MRO).

e. CDL holder's evaluation and referrals.

f. A copy of each annual calendar year summary required by section 49 CFR 382.403.

2. Two Years (maintained by MRO)

a. Records related to the alcohol and controlled substances collection process (except calibration of EBTs).

b. Records of training.

3. One Year Records of negative and canceled controlled substances test results and of alcohol test results with a concentration of less than 0.02.

C. Types of Records Maintained

1. Records related to the collection process (maintained by MRO):

a. Collection logbooks, if used;

b. Calibration documentation of EBTs; and

c. Documentation of BAT training.

2. Records related to the collection process (maintained by district):

a. Documents relating to the random selection process;

b. Documents generated in connection with decisions to administer reasonable suspicion alcohol or controlled substances tests;

c. Documents generated in connection with decisions to administer post accident tests;

d. Documents verifying the existence of a medical explanation of the inability of a CDL holder to provide breath or to provide a urine specimen for testing; and

e. Consolidated annual calendar year summaries as required by the FHWA.

3. Records related to a CDL holder's test results:

a. The district's copy of the alcohol test form, including the results of the test;

b. The district's copy of the controlled substances test chain of custody and control form (maintained by MRO);

c. Documents sent by the MRO to the district; and

d. Documents related to the refusal of any CDL holder to submit to an alcohol or controlled substances test administered under this policy and procedure.

4. Records related to other violations of this policy and procedure.

5. Records related to evaluations:

a. Records pertaining to a determination by a SAP concerning a CDL holder's need for assistance; and

b. Records concerning a CDL holder's compliance with recommendations of the substance abuse professional.

6. Records related to education and training:

a. Materials on alcohol misuse and controlled substances use awareness, including a copy of the district's policy on alcohol and controlled substances;

b. Documentation of compliance with the requirements of the DOT requiring the district's obligation to promulgate a policy on the misuse of alcohol and use of controlled substances;

c. Records of the CDL holder's signed receipt of education materials;

d. Documentation of training provided to supervisors for the purpose of qualifying the supervisors to make a determination concerning the need for alcohol and/or controlled substances testing based on reasonable suspicion; and

e. Certification that supervisor training complies with DOT requirements.

7. Records relating to drug testing:

a. Agreements with collection site facilities, laboratories, and Medical Review Officer;

b. Names and positions of officials and their role in the district's alcohol and controlled substances testing program;

c. Monthly laboratory statistical summaries of urinalysis required by DOT regulations; and

d. District's drug testing policy and procedures.

D. Reporting of Results in a Management Information System

1. The district shall prepare and maintain an annual calendar year summary of the results of its alcohol and controlled substances testing program performed under DOT regulations.

2. Complete the annual summary covering the previous calendar year by March 15 of each year.

3. If the district is notified by the FHWA during the month of January to report the district's annual calendar year summary information, the district shall prepare and submit the report to the FHWA by March 15 of that year.

E. Access to Records

1. Except as required by law or expressly authorized, the district shall not release CDL holder information contained in records required to be maintained under these procedures.

2. CDL holders are entitled, upon written request, to obtain copies of any records pertaining to the CDL holder's use of alcohol or controlled substances, including any records pertaining to his or her alcohol or controlled substances tests.

a. Upon written request, the district shall promptly provide the records requested by the CDL holder.

b. The district representative shall document the written request and obtain a written verification the records were received by the CDL holder.

3. The district shall permit access to all facilities utilized in complying with the requirements of this policy and procedures and all related records to the Secretary of Transportation, any DOT agency, or any state or local officials with regulatory authority over the district or any of its CDL holders.

4. Records shall be made available to a subsequent employer upon receipt of a written request from a CDL holder. Release of such information by the district is permitted only in accordance with the terms of the employee’s consent.

F. Notification of District's Testing Program

1. District shall post in the employment office a statement that controlled substances testing is a part of the district's hiring process and satisfactory completion of such a test is a condition of employment.

2. The notice will be included in all CDL holder application packets.

3. Individuals transferred to CDL holder positions which may require drug testing will be notified in writing prior to the transfer.

Adoption Date: March 8, 1995

Revision Dates: October 25, 1995, May 14, 1997, November 15, 2003, February 11, 2004, October 14, 2009

Procedure 5259P- Employment Practices- Alcohol and Controlled Substances Program Procedures

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Under Washington law, the Superintendent has the authority to issue an appropriate notice of probable cause for discharge or nonrenewal to any certificated staff member. The Board will consider the notice of probable cause for a certificated staff member, or the Superintendent’s recommendation regarding the discharge of a classified staff member and render a decision regarding the discharge or nonrenewal. A notice of discharge will include notice of any appeal rights the employee may have and notice of the appeal processes.

A. Certificated Staff Member Release from Contract
​Upon request a certificated staff member may be released from contract under the following conditions:
 

1. A letter requesting release will be submitted to the Superintendent or designee’s office.
 

2. A release from contract may be initially granted by the Human Resource Services (HRS)   to allow a staff member to accept another position prior to or during the school year provided a satisfactory replacement can be obtained.
 

3. A release from contract may be granted  in case of illness or other personal matters which make it a substantial hardship for the staff member to continue  employment in the district.
 

4. Each request will be reviewed, and a recommendation  will be rendered by the Superintendent or designee based on the totality of the circumstances. The needs of the district and continuity of the educational program offered to students will receive primary consideration.

5. The Board will approve the release of contract by approval on the personnel report.

Program and Staff Reductions

The Board of Directors determines the educational and operational programs for the district. Program and staff reductions may be required as a result of many factors, including but not limited to enrollment decline, programmatic needs or interests, a change in staffing needs, failure of a special levy election or other events resulting in reduction in revenue, increase in costs, and/or termination or reduction of funding of categorically funded projects. The Board will review appropriate information and based on administrative recommendations identify those educational programs and services that will be reduced, modified, or eliminated.

Cross References:     

• Policy 5281- Disciplinary Action and Discharge
• Policy  5006- Certificate of Revocation
• Policy 5240- Evaluation of Staff

Legal References:           

• RCW 28A.400.300- Hiring and Discharging Employees- Written leave policies – Seniority and leave benefits, of employees transferring between school districts and other educational employers
• RCW 28A.400.320- Mandatory termination of classified employees – Appeal – Recovery of salary or compensation by district
• RCW 28A.400.340- Notice of discharge to contain notice of right to appeal if available
• RCW 28A.405.100- Minimum criteria for the evaluation of certificated employees – Four-level evaluation systems Procedures – Steering committee -Implementation  - Reports – Comprehensive performance evaluation
• RCW 28A.405.140- Assistance for teacher may be required after evaluation
• RCW 28A.405.210- Conditions and contracts of employment- Determination of probable cause for nonrenewal of contracts – Nonrenewal due to enrollment  decline or revenue loss – Notice - Opportunity for  hearing
• RCW 28A. 405.220- Conditions and contracts of employment – Nonrenewal of provisional employees – NoticeProcedure
• RCW 28A.405.300- Adverse change in contract status of certificated employee—Determination of probable cause Notice—Opportunity for hearing
• RCW 28A.405.310- Adverse change in contract status of certificated employee, including non-renewal of contract –Hearings – Procedure
• RCW 28A.405.470- Crimes against children – Mandatory termination of certified – employees – Appeal –Recovery of salary or compensation by district.
• RCW 28A.410.090- Revocation of authority to teach – Criminal basis– Complaints – Investigation – Process
• RCW 41.32.240- Membership in system
• RCW 41.33.020(6)- Terms and provisions of plan
• RCW 41.40.023- Membership
• Chapter 41.41 RCW- State Employees’ Retirement – Federal Social Security
• Chapter 181-86WAC - Policies and procedures for administration of certification proceedings
• Chapter 181-87WAC-  Acts of Unprofessional Conduct
• Chapter 392-191WAC School Personnel – Evaluation of the Professional Performance Capabilities                   

Classification: Encouraged

Adoption Date: January 13, 1993

Revised: April 24, 1996, April 26, 2023

Policy 5280- Separation from Employment

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Disciplinary Action and Discharge

Staff who fail to fulfill their job responsibilities or follow the reasonable directions of their administrators or who conduct themselves on or off the job in ways that affect their effectiveness on the job may be subject to disciplinary action or discharge.

Behavior, conduct or action that may warrant disciplinary action or discharge includes, but is not limited to:

A. Incompetence;

B. Inefficiency;

C. Misappropriation or misuse of district property;

D. Neglect of Duty;

E. Insubordination;

F. Conviction/guilty plea of any crime which adversely affects the employee’s ability to perform a job including any misdemeanor or felony crime (RCW 28A.400.322) involving:

1. The physical neglect of a child;

2. The physical injury of a child;

3. Sexual exploitation of a child;

4. Sexual offenses;

5. Promotion of a minor for prostitution purposes; or

6. The sale or purchase of a minor child; [(Employees are required to report in writing to the Superintendent any conviction or guilty plea of the above reference crimes (an of any other crimes that are workplace related) withing five days of conviction or guilty plea]

G. Malfeasance;

H. Misconduct;

I. Inability to perform job functions;

J. Willful violation of district policies, procedures, laws or regulations;

K. Inappropriate online activities;

L. Mistreatment, abuse, or assault of fellow workers, students, or members of the public;

M. Conflict of interest;

N. Abuse of leave;

O. Harassment, verbal abuse, physical abuse or sexual misconduct toward staff, students, or members of the public.

P. Manufacture, possession, distribution, sale or being under the influence of controlled, illegal, addictive or harmful substances including anabolic steroids;

Q. Conduct (whether on the job or off the job) that has a negative impact on performance;

R. Mental or physical inability to perform the essential duties of the employees’ job with any reasonable accommodations necessary related to a disability that the employee may have;

S. Intemperance;

T. Intentional discrimination or harassment;

U. Vulgar speech or actions;

V. Use of habit-forming drugs without pharmaceutical prescription by a healthcare professional licensed to practice in the state of Washington;

W. Use of alcoholic beverages, marijuana (cannabis), or illegal controlled substances on district premises or at a district-sponsored activity off the school premises;

X. Use of district supplies and equipment for personal betterment or financial gain or other improper purposes;

Y. Falsification or omission of material information from district records or any report or statement required of or submitted by the employee. This includes, but is not limited to, providing false information to the district (i.e., timesheets, application materials, during formal investigations);

Z. Engage in the obstruction of justice, which includes witness intimidation, retaliation, destruction of evidence, or engaging in conduct to compromise an investigation or inquiry of misconduct; or

AA.Engage in any other conduct that lacks education value or legitimate professional purpose that harms students.

Employees are required to report in writing to the Superintendent or designee any conviction or guilty plea of the crimes referenced in letter (f) above and/or any other crimes that are workplace related within five days of conviction or guilty plea.

In the event that allegations or charges are made against a staff member for misconduct with minors, the Superintendent may contact the Child Protective Services central registry for evidence regarding the staff member as an adjudicated or admitted perpetrator of child abuse or neglect. Appropriate reports will also be made to law enforcement, the Office of the Superintendent of Public Instruction, and the student’s parents or guardians, as required by law.

Abuse and Sexual Misconduct

The district will not enter into any contract that is contrary to law to suppress information about verbal or physical abuse or sexual misconduct by a present or former employee and will comply with all legal requirements regarding such misconduct.

The district, or an individual acting on behalf of the district, will not provide a recommendation of employment for a current or former employee, contractor, or agent that the district or individual acting on behalf of the district knows or has probable cause to believe has engaged in sexual misconduct with a student or minor in violation of the law. This does not prohibit the routine transmission of administrative or personnel files but does prohibit doing more than that to help the current or former employee obtain new employment.

Suspension of Staff

The Superintendent or designee is authorized to suspend a staff member immediately as deemed appropriate.

Cross References:

• Board Policy 5006 Certification Revocation Board
• Policy 5240 Evaluation of Staff Board
• Policy 5280 Separation from Employment

Legal References:

• RCW 28A.400.300 Hiring and discharge of employees—Written Leave policies—Seniority and leave benefits of employees transferring between school district and other educational employers
• RCW28A.400.320 Crimes against children - Mandatory termination of classified employees – Appeal – Recovery of salary or compensation by the district
• RCW28A.400.340 Notice of discharge to contain notice of right to appeal if available
• RCW 28A.405.300 Adverse change in contract status of certificated employee—Determination of probable cause— Notice—Opportunity for hearings
• RCW28A.405.310 Adverse change in contract status of certificated employee, including non-renewal of contract—Hearings—Procedure
• RCW28A.405.470 Crimes against children - Mandatory termination of certified employees – Appeal – Recovery of salary or compensation by district
• RCW 28A.410.090 Revocation or suspension of certificate or permit to teach – Criminal basis – Complaints – Investigation – Process
• RCW 49.44.200 Personal social networking accounts – Restrictions on employer access - Definitions
• Chapter 181-86 RCW Policies and procedures for administration of certification proceedings
• Chapter 181-87 WAC Professional Certification Acts of unprofessional conduct

Classification: Discretionary

Adoption Date: January 13, 1993

Revised Date: May 8, 2002, May 10, 2023

Disciplinary Action and Discharge- 5281

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Staff under contract to the district shall be paid according to current staff salary schedules as determined by applicable bargaining agreements. Non-represented staff shall be paid as per the schedule approved by the board. Salary schedules will continue from one year to the next year unless altered by the board.

Other conditions of employment shall be as per the applicable bargaining agreements for represented employees. Other conditions of employment shall be as approved by the board.

Legal Reference:

• RCW 28A.405.200 Annual salary schedules as basis for salaries of certified employees

Adoption Date: January 13, 1993

Policy 5310- Employment Practices- Compensation and Employment Benefits- Compensation Schedules

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Military, Peace Corps or VISTA Service Credit

The superintendent is authorized to grant one year of increment credit for each year served in the military, Peace Corps or VISTA service or professional employment; providing, such service interrupts the staff member's actual teaching career in the school district and providing the employee returns to work in the district immediately following the end of service.

For purposes of credit, one-half or more of a year of service shall be counted as a full year. Increment credit will not be granted where service was performed prior to the person’s employment in the school district.

Legal Reference:

• WAC 392-121-245 Definition––Certificated years of experience

Adoption Date: June 11, 1997

Policy 5311- Employment Practices- Military, Peace Corps or VISTA Service Credit

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The district shall pay full-time staff in twelve equal installments on (or before the first) the last working day of each month, except for the initial month worked, with appropriate adjustments including those for overtime or unpaid leave of absence.

The payroll for staff shall be prepared according to current salary schedules and rates and completed and authenticated by supervising staff according to the payroll calendar cutoff dates prior to the pay rate.

Adoption Date: January 13, 1993

Policy 5312- Employment Practices- Compensation and Employment Benefits

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Payroll Deductions

The district shall effect payroll deductions for staff as required by law, such as Federal Income Tax, Federal Income Contribution Act, Washington State Teachers’ Retirement System, Washington Public Employee’s Retirement System, School Employees Retirement System, industrial insurance and absence not covered by authorized leave.

Deductions for voluntary contributions shall be made subject to district approval and with appropriate signed staff authorization.

Legal References:

• RCW 28A.400.250 Tax-deferred annuities
• 41.04.020 Public employees––Payroll deductions authorized
• 41.04.230 Payroll deductions authorized
• 41.04.240 Direct deposit of salaries into financial institutions authorized
• 41.50.770 Deferred compensation plans

Adoption Date: January 13, 1993

Revised: June 27, 2001

Policy 5313- Employment Practices- Compensation and Employment Benefits- Payroll Deductions

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The board of directors may contract with a staff member to defer any portion of his/her income in a credit union, savings and loan association, bank or other such financial institution or insurance company as set forth in RCW 41.04.250. In addition, the district may, at the staff member’s direction, contribute funds to a financial institution for the purpose of participating in a 403(b) program.

The board will enter into a tax deferred annuity contract when five (5) or more staff members request that such a contract be established with a company of the members' choice authorized to do business in the state of Washington through a Washington-licensed insurance agent.

The superintendent is directed to create a tax deferred annuity program at the request of five (5) or more staff members. Procedures shall address:

A. Staff responsibilities for carrying out the deferred annuity program;

B. How and when staff members can be contacted by representatives of companies licensed to do business in the state of Washington, provided that no staff members shall be personally contacted during the normal work day;

C. Assurance that the district shall be held harmless for any actions occurring after the authorized funds have been disbursed to the company designated by the staff member.

D. Assurance that the district shall not release personal financial records without written permission.

Legal References:

• RCW 28A.400.250 Tax deferred annuities
• 41.50.770 Deferred compensation plans

Adoption Date: January 13, 1993

Revised: March 25, 1998

Policy 5314- Employment Practices- Tax Deferred Annuity/Compensation/403b Plans

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Tax Deferred Annuity/Compensation

Interested staff may elect to defer a portion of their salary or wages to pay for a tax deferred annuity, provided that five or more staff members request the district to enter into a company licensed to do business in the state of Washington. The following procedures are established for this purpose:

A. A staff member may request a deferred annuity authorization form from their financial agent or annuity company. The interested staff member shall complete the authorization by indicating:

• • name of company offering the deferred annuity program;
  • name of the Washington-licensed financial agent, if applicable; and
  • amount of wages or salary to be deferred in equal installments.

The authorization form shall include a statement that the district shall be held harmless for any actions occurring after the authorized funds have been disbursed to the company designated.

B. When a representative has secured five or more staff members' authorized forms, the representative may contact the district payroll office for the purpose of establishing a tax deferred annuity program. The representative shall provide evidence that he/she is a licensed agent in the state of Washington and the represented company has been authorized to provide annuity programs in the state of Washington. The representative acting in behalf of the company shall submit a hold harmless statement.

C. The authorization will remain in force until modified in writing by the staff member so long as he/she is a contracted employee of the school district.

D. Licensed representatives may not contact staff members during working hours. Promotional literature may not be distributed through district mail channels.

Adoption Date: March 8, 1995

Procedure 5314P- Employment Practices- Tax Deferred Annuity/Compensation/403b Plans Procedures

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Sick Leave for Nonexempt

Employees In accordance with RCW 49.46.200 and RCW 49.46.210 and RCW 296-128-600 through 770, the district will allow nonexempt employees who are not covered by board policy 5323 or provided sick leave benefits via a regular employment agreement to accrue paid sick leave at the rate of one hour for every forty hours worked as an employee.

Authorized uses, accrual, carryover, and notification requirements will be set forth in applicable state regulations and summarized in District Procedure 5320P.

Cross Reverence:

• Policy 5323 Leaves – Annual (twelve-month) Non-Represented Classified Employees

Legal References:

• RCW 49.46.200 Paid Sick Leave
• RCW 49.46.210 Paid Sick Leave – Authorized purposes – Limitations- “Family member” defined
• RCW 296-128-600 - 770 Paid Sick Leave and Minimum Wage Act Protections and Enforcement

Adoption Date: June 27, 2018

Policy 5320- Sick Leave for Nonexempt Employees

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Sick Leave for Nonexempt Employees Procedures

Policy 5320 and this Procedure 5320P apply solely to those non-exempt employees who are not covered by board policy 5323, or who are not afforded paid sick leave under a collective bargaining agreement or other employee agreement will be provided paid sick leave in accordance with state law RCW 49.46.200 and RCW 49.46.210 and RCW 296-128-600 through 770 as summarized below. District employees who receive different sick leave benefits and are not covered by Policy 5320 and this procedure are called “regular contracted employees” below.

Authorized Uses

Paid sick leave may be used for the following purposes:

• The employee’s mental or physical illness, injury or health condition, including medical diagnosis, care or treatment, or the employee’s need for preventive medical care;
• To allow the employee to care for a family member with a mental or physical illness, injury or health condition, including medical diagnosis, care, or treatment, or to care for a family member who needs preventive medical care;
• Closure by order of a public official for any health-related reason of the employee’s work location or the employee’s child’s school/place of care; or
• If the employee is entitled to domestic violence leave in accordance with Chapter 49.76 RCW.

Family member is defined as a child (including biological, adopted, foster, step, in loco parentis, de facto, or legal guardian), parent (including biological, adoptive, de facto, or foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner), spouse, registered domestic partner, grandparent, grandchild, or sibling.

Beginning on the 90th calendar day after commencement of the employee’s employment with the district, sick leave can be used when an employee needs to be absent for any of the above reasons. Classified employees are allowed to use paid sick leave in increments of 15 minutes, and certificated substitutes are allowed to use paid sick leave in either full or half day increments. Employees using sick leave will be compensated at the rate of pay associated with the assignment(s) from which the employee is absent. Paid sick leave hours will not count towards the calculation of overtime.

Accrual of Sick Leave

Sick leave begins to accrue at the start of employment. New employees will be provided with an Employee Sick Leave Notification at the start of employment containing information about authorized uses for sick leave, eligibility for use, the sick leave accrual year, carryover of sick leave, and information about retaliation.

Effective January 1, 2018, employees will accrue sick leave at a rate of one (1) hour for every 40 hours worked. At the end of the sick leave accrual year (September 1- August 31) any unused sick leave of 40 hours or less will carry over to the following year. The maximum amount of carryover from one school year to the next is 40 hours. Employees covered by Policy 5320 and this procedure will not be allowed to cash out any balance of sick leave either on an annual basis or upon separation from employment; however, if an employee leaves employment with the district and is rehired within 12 months of separation, any accrued, unused sick leave up to 40 hours will be reinstated to the employee’s sick leave balance. Unused sick leave accrued under this policy will remain credited to the employee if the employee is hired into a regular contracted position within the district. Also, if an employee in a regular contracted position ends such employment and is hired into a different position covered by these procedures, any unused sick leave accrued by the employee in the previous position will remain available for use.

Notification

Employees will be notified of their accrued sick leave hours, sick leave hours used, and current sick leave hours available for use through Skyward Employee Access.

Prohibition of Retaliation

There will be no retaliation against an employee for lawful exercise of his/her paid sick leave rights. If an employee believes he/she believes is being retaliated against for such use, the employee should report the concern to the Human Resources Director.

Adopted: June 27, 2018

Procedure 5320P- Sick Leave for Nonexempt Employees Procedures

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Form 5320F1- Sick Leave Notification Form

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Attendance Incentive Program

This policy shall apply only to non-represented certificated administrators and non-represented classified employees.

1. Annual Conversion of Accumulated Annual Leave Each January, any employee who at the end of the immediately previous calendar year shall have accumulated in excess of sixty (60) days of unused sick leave may elect to convert unused sick leave earned the previous year in excess of sixty (60) days to monetary compensation at the rate of 25% of the employee’s current, full-time daily rate of compensation for each full day of eligible sick leave. The employee’s full-time, daily rate of compensation shall be calculated as follows: 1/260th for annual (twelve-month), nonrepresented classified employees; 1/actual number of workdays for non-annual (less than twelve-month), non-represented classified employees; and 1/actual number of workdays for annual (twelve-month) certificated administrators. Any such election shall be made by the employee providing written notice to the Superintendent during the month of January of his/her intent to convert excess sick leave days to monetary compensation. Any such annual conversion of accumulated sick leave shall be subject to the terms and limitations of applicable statutes and regulations.

2. Conversion of Sick Leave Upon Separation from Employment Any eligible employee, as defined by RCW 28A.400.210(2) may elect (personally or by his/her personal representative, as appropriate) to convert accumulated, unused sick leave days to monetary compensation at the rate 25% of the employee's full-time daily rate of compensation at the time of termination from employment for each full day of eligible sick leave. The employee's full-time daily rate of compensation shall be calculated as follows: 1/260th for annual (twelve-month)., non-represented classified employees; 1/actual number of workdays for non-annual (less than twelve-month), non-represented classified employees; and 1/actual number of workdays for annual (twelve-month) certificated administrators. Any such conversion of sick leave upon retirement or death shall be subject to the terms and limitations of applicable states and regulations.

Legal References:

• RCW 28A.400.210 Employee attendance incentive program— Remuneration for unused sick leave.
• Chapter 392-136 WAC Conversion of Accumulated Sick Leave

Adoption Date: October 13, 1999

Revised Date: October 25, 2000

Policy 5321- Leaves- Attendance Incentive Program

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Leave Sharing

The district shall establish and administer a leave sharing plan in which eligible employees may donate excess leave for use by a staff member who is suffering from, or has a relative or household member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition.

Such a program is intended to extend leave benefits to a staff member who otherwise would have to take leave without pay or terminate his or her employment with the district. The superintendent is directed to establish procedures for staff members who accrue annual leave and sick leave and for staff members who do not earn annual leave, but who accrue leave to be used for illnesses, injuries, or emergencies to donate leave.

The superintendent is directed to administer the leave sharing plan in a manner consistent with state law and applicable collective bargaining agreements.

Cross Reference:

• Board Policy No. 5021 Applicability of Personnel Policies

Legal References:

• RCW 28A.400.380 Leave sharing program
• 41.04.650-665 Leave sharing program
• WAC 392-126-004— l04 Leave sharing program

Adoption Date: January 13, 1993

Revision: June 17, 1998

Policy 5322- Leaves- Leave Sharing Program

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Leave Sharing

Employees may donate annual vacation or sick leave to a fellow employee who is suffering from or has a relative or household member suffering from an extraordinary or severe illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the staff member to take leave without pay status or terminate his/her employment.

A. Definitions

1. “Annual vacation leave” shall mean vacation leave that an employee accrues and is maintained in records of the District; it does not include leave for which an employee receives compensation in lieu of accumulating a leave balance.

2. “Sick leave” shall mean leave granted to an employee for the purpose of absence from work without pay in the event of illness, injury, and emergencies as authorized in RCW 28A.400.300(2) or 28A310.240(1).

B. Eligibility to Receive Shared Leave

1. An employee shall be eligible to receive donated leave under the following conditions:

a. The employee’s job is one in which annual vacation and/or sick leave can be used and accrued; and

b. The employee is not eligible for time loss compensation under the State Industrial Insurance Act (RCW Chapter 51.32); and

c. The employee has exhausted, or will exhaust, his/her annual vacation leave and/or sick leave reserves and all other forms of paid leave available to the employee; and

d. The employee has abided by District rules and policies regarding sick leave use; and

e. The condition has caused, or is likely to cause, the employee to go on leave without pay or terminate his/her employment with the District.

2. All forms of paid leave available for use by the recipient must be used prior to using shared leave.

3. To be eligible for shared leave, an employee must submit, prior to approval or disapproval, documentation from a licensed physician or other authorized health care practitioner verifying the severe or extraordinary nature and expected duration of the condition.

4. An employee shall not receive more leave than the number of contracted days remaining in the current school year.

5. In the event that the condition requiring the employee’s absence continues beyond the current school year, the employee must reapply following the procedures outlined in Section B above, provided that in no event may an employee use more than a maximum of five hundred twenty-two (522) days of shared leave during his/her total statewide school District employment.

6. The Superintendent or designee shall determine the amount of leave, if any, which an employee may receive under this policy.

C. Donations of Leave

1. An employee may donate annual vacation leave to specific individuals using the following criteria:

a. The employee may donate any amount of annual vacation leave provided the donation does not cause the employee’s annual vacation leave balance to fall below ten (10) days.

b. Employees may not donate excess annual vacation leave that the donor would not be able to take because of an approaching date after which the annual vacation leave cannot be used.

2. An employee may donate sick leave to specific individuals using the following criteria:

a. An employee who accrues annual vacation leave may request that the Superintendent or designee transfer any amount of sick leave to another employee authorized to receive such leave only when the donating employee retains a minimum of one hundred seventy six (176) hours of sick leave after the donation.

b. An employee who does not accrue annual vacation leave but does accrue sick leave may request that the Superintendent or designee transfer any amount of sick leave to another employee authorized to receive such leave only when the donating employee retains a minimum of twenty two (22) days of sick leave after the donation.

3. All donated annual vacation leave or donated sick leave must be given voluntarily. No employee shall be coerced, threatened, intimidated, or financially induced into donating annual vacation leave.

4. The number of leave days transferred shall not exceed the amount authorized by the donating employee.

D. Calculation of Shared Leave

1. For the purposes of this procedure, the dollar value of the leave donated shall be ignored and the leave shall be calculated on a day or hours donated and a day or hours received basis.

2. Employees may donate leave in one (1) day increments; each one (1) day shall consist of an employee’s regularly assigned hours at the time of conversion.

E. Transfer of Donated Leave Upon receipt of completed shared leave donation forms, the District will determine the eligibility of donors and will rank the eligible donors in the order their donation forms are received. Shared leave will be charged as needed against each donor’s leave balance, beginning with the first donor on the list and proceeding consecutively through all donors such that each donor shall be charged their total donation before proceeding to the next qualified donor. If the designated leave recipient does not need donations of a leave donor, such excess donations will not be charged against the donor’s leave balance.

Adoption Date: February 7, 2003

Revision Date: April 1, 2012

Procedure 5322P- Leaves- Leave Sharing Program Procedures

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Form 5322F1- Leaves- Request to Donate Leave

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Staff Development

Additional training and study are prerequisites for continued growth and ability to understand increased responsibility and/or to satisfy new demands facing the staff member. Staff are encouraged to gain additional job-related skills through special study or inservice training.

To receive credit for special study or inservice training, the following conditions must be satisfied:

1. Credit must be awarded by an institution accredited for such purposes by the state of Washington;

2. The program of study shall be such that it shall result in improving the staff member’s knowledge, technique or job skills in the field in which he/she is currently employed.

Unless otherwise specified, courses and inservice programs conducted or sponsored by the district are not eligible for credit; neither are inservice activities performed during school hours as an integral part of employment.

Staff who seek credit for approved study shall submit a record and description of the course to the personnel office.

Training in Unique Area of Technology or Specialty Skill Area: Conditions

From time-to-time, the district is in need of having certain individuals trained in a unique area of technology or specialty skill area to such a level of knowledge and/or proficiency and expertise that a given employee would not normally bring the needed knowledge or skill level to the job. The district, under such circumstances, shall provide the training or a training opportunity from outside the district to an identified employee(s), at district expense, when such is economically desirable to contracting or engaging a consultant. The training may take place during or in addition to the normal workday of the identified employee.

It shall be a condition of receiving the training that the trained employee(s) shall return from the training and maintain district employment for a minimum of one (1) year from the date of completion of training (training costing less than $1,500 per class shall not be governed by this policy). The superintendent or designee shall inform the individual of this condition of employment in taking the training and enter into any appropriate contractual arrangements with the individual prior to commencement of the training.

In the event the individual so trained desires to leave the district or is terminated for cause during the one (1) year period immediately following completion of the training, the employee shall, before separating employment, pay back to the district, or enter into a payment schedule contract with the district, that which reflects a pro-rated reimbursement of workshop training costs related to the specialty training provided to the individual by the district. This return on the district’s investment is intended to offset any costs the district may incur in identifying and training a competent replacement employee. In the event that an employee becomes incapacitated due to illness or on-the-job injury, the repayment requirement will not apply. The payback to the district or the payment schedule contract shall recoup the cost of training with a credit of one-twelfth (1/12th) of the cost of each month actually worked during the one-year period immediately following the training. The superintendent or designee is responsible to either secure repayment of such costs, according to the formula stated above, from the employee before separation, or have the departing employee execute a contract of payment.

All positions that require special training or expertise will be posted in accordance with bargaining unit contracts and district policy.

Adoption Date: January 13, 1993

Revised: May 13, 1998

Policy 5340- Staff Benefits- Staff Development

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Form 5340F1- Staff Benefits- Condition of Training Form

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Professional Development - Annual (Twelve-Month), Non-Represented Classified

Employees Annual (twelve-month), non-represented classified employees will be eligible for professional development participation.

The Superintendent or designee will develop procedures that define professional development benefits. These benefits will be comparable to other district employee groups.

Legal References:

• RCW 28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent candidates
• RCW 28A.320.110 Information and research services

Adoption Date: October 13, 1999

Revision Dates: August 28, 2006 May 9, 2012

Policy 5342- Staff Benefits- Prof. Development- Annual Non-Represented Classified Employees

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Professional Development - Annual (Twelve-Month), Non-Represented Classified Employees

The following procedures provide for general guidance for the Superintendent or designee regarding professional development participation for eligible annual (twelve-month), nonrepresented classified employees.

The District will contribute up to $650 per year per non-represented classified employee toward individualized professional development. Said professional development will be jobrelated to current/future position and the Strategic Plan and will be supervisor-approved. Each non-represented classified employee may elect to pool any portion of the annual allocation to provide for a staff development opportunity for another non-represented classified employee.

To assist non-represented classified employee with paying for tuition costs associated with securing certification or a degree, the District will establish a “pool” of dollars in the amount of $30,000. Said “pool” will be replenished to a maximum of $30,000 for each year of the agreement. Employees must submit to the Superintendent a plan of professional growth toward certification or degree prior to applying to the program. Individual reimbursement from the pool will be determined by the number of applicants and need.

The District will pay annual dues, not to exceed $250.00 per year for membership in professional organization(s).

Adoption Date: May 9, 2012

Revised Date: September 26, 2018

Procedure 5342P- Staff Benefits- Prof. Development- Non-Represented Classified Employees Procedures

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Employee Suggestion/Incentive System

The board desires to encourage staff members to seek solutions to problems and/or recommend actions that will result in improvements in the district's operations. The program is designed to promote efficiency, economy or academic excellence in the performance of any function of the district. The award shall not be a regular or supplemental compensation program. The suggestion(s) which are recognized for such an award(s) must result in savings greater than the award amount. To this end, a work improvement/suggestion system plan based on criteria shall be established.

Regular awards may include certificates of commendation or certificates of award, which may be accompanied by a monetary award.

The superintendent shall establish, subject to the approval of the board, guidelines for the operation of such a system.

Adoption Date: January 13, 1993

Policy 5344- Staff Benefits- Employee Suggestions/Incentives Program

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Retirement Programs

Staff shall become members of the Federal Income Contribution Act (Social Security System) and the Washington State Teachers' Retirement System or the Washington Public Employees' Retirement System or the School Employee Retirement System as required by law. The district shall make contributions to these retirement systems in behalf of staff according to law and shall make payroll deductions from staff wages and salaries for the staff contributions to these programs as required by law. No contributions will be made to an employee's retirement system for accrued vacation leave in access of thirty (30) days.

Location Pay

Compensation for time not actually worked which an employee receives for being required to remain at, or in the immediate vicinity of, a specific location or to report immediately to work should the need arise (even if the need does not arise) is known for retirement purposes as "location pay." The legislature calls the situation "standby status." An employee may earn retirement credit for location pay if the district establishes a specific policy which correctly defines location pay and describes the occasions on which the district will pay location pay. The definition of location pay does not apply if the employee is allowed to leave the specific location or property immediately adjacent to that location. Employees who are limited to a particular radius or must respond within a set time are not eligible for location pay nor are those who report to work only upon notification by pager or similar device. School bus drivers who, as a part of their bus route, are waiting to transport children receive general compensation for time actually worked.

In the event a staff member becomes disabled in the line of duty and is receiving Workmen's Compensation benefits, the district will continue to make retirement system contributions and shall collect employee contributions and pay such to the retirement system.

Legal References:

• RCW 41.32 Teachers' Retirement
• 41.40 Washington Public Employees' Retirement System
• 41.40.010(8) Compensation earnable defined
• WAC 415-108-461 Location restricted compensation

Adoption Date: October 25, 1995

Revised: June 13, 2001

Policy 5345- Staff Benefits- Retirement Programs

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Leaves – Cabinet, Principals, Directors and Non-Represented Classified Employees

A. Illness, Injury, and Emergency Leave

Employees employed full time will receive twelve (12) days annual leave for illness, injury, and emergency leave. Unused days will accumulate to the extent allowed by law. Less than full-time (partial year or fractional FTE) employees will be allowed illness, injury, and emergency leave on a prorated basis. Except where Policy 5320, this Policy 5400, or applicable bargaining agreements provide more generous leave benefits, this policy will be applied in accordance with applicable state laws regarding leave, including RCW 49.46.210 and RCW 49.78.220.

An employee who will be absent due to illness, injury, or emergency must notify their immediate supervisor as soon as practicable, and generally not later than 7am on the day of the absence.

Illness or Injury Leave

1. An employee may use accrued leave (1) for the employee’s own illness, injury, disability, or medical care; or (2) to care for the employee’s immediate family and/or member of household.

2. A physician’s certificate may be required to validate repeated, excessive, extended, or otherwise unusual absences.

B. Family and Medical Leave

The district will provide for family and medical leave for all eligible employees in accordance with the provisions of the Family and Medical Leave Act of 1993.

C. Birth or Adoption of a Child The district will grant leave to an employee upon the birth or adoption of the employee’s child. Leave will be granted upon the same terms to employees who become adoptive parents or stepparents, at the time of birth or initial placement for adoption of a child under the age of six (6), as is available to employees who become biological parents. Such leave is available only when the child lives in the employee’s household at the time of birth or initial placement.

D. Bereavement Leave Up to five (5) days paid leave will be granted for each death in the immediate family and/or member of the household.

At the discretion of the Superintendent or designee, an employee, upon request, may be granted leave for the death of a close friend not covered in the above paragraph.

At the discretion of the Superintendent or designee, upon request, additional bereavement leave may be granted.

E. Personal Leave

Employees may be granted three (3) days leave for personal matters which require that the employee be absent during the regular working day. The days may be granted without requiring the employee to state any reasons for the leave beyond the term “personal.” No more than three (3) days of leave may be granted under this section to any one (1) employee in any school year. The employee will notify and/or receive approval prior to taking personal leave.

F. Military Leave

The district will grant military leave as provided by law to each staff member who is a member of a United States Military Reserve Unit or a member of the Washington National Guard for a period not to exceed twenty-one (21) days during each year, provided such reservist has been called to, or volunteered for, active duty or active-duty training. Such military leave of absence will be in addition to any vacation or sick leave to which the staff member may be entitled and will not result in any loss of rating, privileges or pay. During this 21-day period of military leave, the staff member will receive their normal pay from the district. Employees whose school district employment is interrupted by up to five (5) years of service in a uniformed service are entitled to re-employment by the district following their discharge.

Spouses of military personnel who have been notified of a call to active duty are entitled to leave in accordance with RCW 49.77.030. An employee who is the spouse, son or daughter, parent or next of kin of a service member who is recovering from a serious illness or injury sustained while on active duty is entitled to twenty-six (26) weeks of unpaid leave in a twelve (12) month period to care for the services member.

G. Jury Duty Leave

Employees selected for jury service will be granted a leave of absence with full pay for as long as such jury duty requires.

H. Leaves for Meetings, Workshops, Conferences

Cabinet, Principals, Directors and or Non-Represented classified employees may, with the prior written approval of the Superintendent or designee, be released from their regular duties with full pay in order to attend meetings, workshops or conferences when deemed by the Superintendent or designee to be in the best interests of the district.

I. Child Care Leave

An employee may request an unpaid leave of absence, not to exceed one (1) year, to care for his/her newborn or recently adopted child. Such requests will be reviewed by the Board on a case-by-case basis.

J. Leave of Absence

Upon the recommendation of the Superintendent or designee, the Board may, at its sole discretion, grant unpaid leaves of absence for up to one (1) year. While on a leave of absence, an employee will not be employed outside the district without prior approval of the Board.

K. Domestic Violence Leave

The district will allow victims of domestic violence, sexual assault, or stalking and family members of victims to take reasonable leave from work, or intermittent leave on a reduced leave schedule in accordance with RCW 49.76.030.

L. Sabbatical Leave

The district may grant sabbaticals to certificated administrators for advanced academic pursuit, field study, or research when deemed by the Board, in its sole discretion, to be in the best interest of the district. Sabbaticals will not exceed one (1) year in duration and will be subject to any terms and conditions established by the Board at the time of the sabbatical is granted. Applications for sabbaticals should be submitted to the Superintendent in writing by March 1 of the school year preceding the sabbatical.

Cross References:

• Policy 5320 Sick Leave for Nonexempt Employees

Legal References:

• RCW 28A.400.300 Hiring and discharging of employees – Written leave policies - Seniority and leave benefits of employees transferring between school districts and other educational employers
• RCW 2.36.165 Juries -- Leave of absence from employment
• RCW 38.40. 060 Military leaves for public employees
• RCW 49.12.270 Sick leave, time off – Care of family members
• RCW 49.46.200 Paid sick leave
• RCW 49.46.210 Paid sick leave – Authorized purposesLimitations – “Family Member” defined
• Ch. 49.76 RCW Domestic violence leave
• Ch. 49.77 RCW Military Family Leave Act
• Ch. 49.78 RCW Family Leave
• Ch. 73.16 RCW Employment and reemployment of veterans
• WAC 162-30-020 Pregnancy, childbirth, and pregnancy related Conditions
• WAC 296-128-600 to 770 Paid Sick Leave
• 38 U.S.C. § 4301 et seq. Employment and reemployment right of members of the uniformed services
• 29 U.S.C. § 2601 et seq. Family and Medical Leave Act of 1993

Classification: Essential

Adoption Date: October 13, 1999

Revision Dates: August 27, 2003, September 8, 2010, December 9, 2015, August 14, 2019, June 22, 2022

Policy 5400- Leaves- Cabinet, Principals, Directors and Non-Represented Staff

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Certificated

The board authorizes the employment of a certificated substitute in the absence of a certificated staff member. In addition, the district may use a substitute in place of a regularly-contracted staff member when:

A. Enrollment uncertainties exist at the beginning of a school year, or

B. Resignations of regular staff do not allow sufficient time for the district to employ an immediate replacement.

On either of the latter occasions the district shall employ a contracted staff person within a reasonable time.

The superintendent is authorized to establish procedures relating to the employment of substitute certificated staff by which teachers request substitutes and by which substitute certificated staff are assigned, employed and compensated.

Classified

The board authorizes the employment of a classified substitute in the absence of a classified staff member when a program will be adversely affected by the regular staff member's absence and when a substitute can perform the duties in a reasonable manner.. The superintendent is authorized to establish procedures relating to the use of substitute classified staff.

Cross Reference:

• Board Policy 1712 Conflicts of Interest

Legal References:

• RCW 28A.400.300 Hiring and discharging employees—Leaves for employees – Seniority/leave benefits, retention between schools
• RCW28A.330.240 Employment Contracts
• RCS28A.405.900 Certain certificated employees exempt from chapter provisions
• RCW41.32.570 Suspension of pension payments—Service as substitute teacher
• RCW42.23.030(9) Interest in contracts prohibited—Exceptions

Adoption Date: January 13, 1993

Revision Dates: July 27, 1994, June 14, 1995, October 25, 1995, December 9, 1998, September 8, 2010

Policy 5410- Auxilary Personnel- Substitutes

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Holidays

The district will  observe the following  school  holidays and will  not operate on these days: Saturday, Sunday, New Years’ Day (January 1), Martin Luther King's Birthday (third Monday in January), President’s Day (third Monday in February), Memorial Day (last Monday in May), Juneteenth (June 19), Independence Day (July 4), Labor Day (first Monday in September), Veteran’s Day (November 11), Thanksgiving  Day (fourth Thursday in November), the day after Thanksgiving, the day before Christmas, Christmas Day (December 25), the day after Christmas, and New Year’s Eve (December 31). 

 Whenever a holiday falls on a Sunday, the following Monday will  be designated as the holiday, and whenever a holiday falls on a Saturday, the preceding Friday will  be designated as the holiday. 

Legal References:      

• RCW 1.16.050 Legal holidays and legislatively recognized days
• RCW 28A.150.050 School holidays

Classification: Discretionary

 Adoption Date: January 13, 1993

Revised: August 27, 2003, June 22, 2022

Policy 5410- Holidays

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Vacation – Annual (Twelve-Month) Employees

 Regular full-time employees (12 months/year) will accrue vacation leave according to their collective bargaining agreement or terms and conditions.  

Non-Represented Classified Employees

Annual (twelve-month), non-represented classified employees will  receive ten (10) to  twenty-five (25) annual vacation days per year, exclusive of holidays, dependent on years of service.

Vacation leave for annual (twelve-month), part-time (less than 1.00 FTE) employees will  be computed on a pro rata basis.

Vacation leave must be approved in advance by the employee’s immediate supervisor.  Leave may be granted or denied consistent with the operational needs of the district, as determined at the district’s discretion.

Legal References:  

• AGO 1976 No. 10 Accumulation of sick leave while on leave
• RCW 41.50.150 Retirement benefits base on excess compensation – Employer liable for extra retirement costs
• WAC 415-108-510 Treatment of cash payments made in lieu of unused leave – First-in-first-out accounting method for determining when leave earned – Forms of leave deemed excess compensation - Conversations
• WAC 415-112-415 Are cash-outs for annual leave and personal leave included in earnable compensation and/or average final compensation

Classification: Discretionary

Adoption Date: October 13, 1999

Revision Dates: October 10, 2001, September 10, 2003, September 8, 2004, September 8, 2010, June 22, 2022

Policy 5411- Vacation

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Vacation – Annual (Twelve-Month), Non-Represented Classified Employees

Annual (twelve-month), non-represented classified employees will receive ten (10) to twenty-five (25) annual vacation days per year, exclusive of holidays, dependent on years of service in Washington Public Schools according to the following schedule:

• 0 years 10 days
• 1-4 years 15 days
• 5-10 years 20 days
• 11 or more years 25 days

Vacation leave for annual (twelve-month), part-time (less than l.00 FTE) employees will be computed on a pro rata basis.

With prior approval of the employee’s immediate supervisor, any unused portion of annual vacation days may be accumulated from year-to-year to a maximum carry-over of thirty (30) days, with the total vacation days available at any one time not to exceed fifty-five (55). (EXAMPLE: 30 days carry-over from August to September plus 25 days for the ensuing year = 55 maximum total allowable vacation days in any year.)

Non-represented classified employees will be permitted to cash out a maximum of five (5) accrued vacation days in excess of the thirty (30) days maximum each year during the month of August. Payment for said cash out will be made during the month of September:

Unused vacation, to a maximum of 30 days, will be compensated upon termination /retirement / resignation in good standing, or death at the then-applicable salary rate, e.g., 1/260th for annual (twelve-month), non-represented classified employees, to the extent consistent with law and without causing the district a financial penalty.

Adoption Date: February 15, 2002

Revision Dates: September 10, 2003 September 8, 2004 September 8, 2010 June 22, 2022

Procedures 5411P- Vacation

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Administrative Candidate Program

The Snohomish School District recognizes its role in the preparation of future school administrators and supports involvement in administrator candidate programs.

To assist in the administrator candidate program, the Board directs the superintendent or designee to develop appropriate procedures and guidelines which meet the following criteria:

A. Allows district certificated staff members to apply for the Administrative Candidate Program through a committee.

B. Only candidates determined by the Administrative Candidate Committee, in its discretion, to satisfactorily meet the District’s criteria stated in Procedure 5500P shall be admitted into the Administrative Candidate Program with the Snohomish School District.

C. Candidates not selected for a candidate program may meet with the committee chairperson to discuss the decision.

D. The district has no obligation to hire any candidate who completes the Administrative Candidate Program or to place a candidate in the school sought in an application.

E. Administrative Candidate Program activities should be coordinated with the appropriate college or university but in all cases, the decision of the Administrative Candidate Committee shall guide the internship.

F. The Administrative Candidate Committee shall develop a list of field experiences that shall be requirements of all administrative candidate participants.

G. Release time may be provided.

H. Administrative candidates shall receive no additional compensation.

I. In the case where a candidate's application is denied, the candidate may submit an application to the Administrative Candidate Committee for the following year.

The Board shall annually be informed of the persons selected by the Administrative Candidate Committee to complete their administrative training in the Snohomish School District.

Adoption Date: January 11, 2012

Policy 5500- Personnel- Administrative Candidate Program

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Administrative Candidate Program

The following procedures provide criteria for selection and general guidance for the Snohomish School District Administrative Candidate Program. Candidates working in the district will participate in the multitude of daily administrative field experiences that will lead to the granting of a provisional principal's credential or a program administrator credentials.

The Snohomish School District Administrative Candidate Program is designed to provide a carefully planned set of field experiences to properly prepare an administrative candidate for a position of administrative leadership and help meet the requirements for a provisional administrative credential.

Administrative Candidate Committee

A. Membership

The Administrative Candidate Committee chairperson shall be the Assistant Superintendent. Committee members shall be appointed by the Assistant Superintendent and shall include:

1. Executive Director of Teaching and Learning

2. One elementary principal

3. One middle level principal

4. One high school principal

5. Intern supervising principal will be added for the review meeting prior to the candidate’s intern year

B. Duties

The Administrative Candidate Committee shall determine, in its discretion, whether to accept or reject applications from any prospective administrative candidates, even if they have already begun a college or university program leading to an administrative credential. The committee has no obligation to accept any candidate whom it determines, in its discretion, does not satisfactorily meet the District’s criteria for prospective administrators stated in this procedure. The committee has the authority to recommend school placement different from the one sought in an application for any candidate accepted into the district’s Administrative Candidate Program.

C. Relationship to Colleges or Universities

The district Administrative Candidate Committee shall work closely with the colleges and universities to plan a meaningful field experience program for each administrative intern accepted into the district’s program. The district reserves the right to accept or deny entering into a relationship with the college or university.

D. Meetings

The Administrative Candidate Committee will convene on the call of the committee chairperson. The committee shall:

1. Receive and review each letter of application

2. Review candidate's credential file

3. Interview candidates

4. Interview, as necessary, other persons relevant to candidate's application

5. Seek other written information on candidate, if necessary

6. Act on each candidate's application 5500P

E. Timeline A certificated staff member interested in beginning a program that will lead to an administrative credential is required to meet with the Administrative Candidate Committee prior to beginning any certification or masters program that will lead to an administrative credential.

Application Procedures

Candidates must obtain an application form from the Human Services department. The application form must be accompanied by a letter explaining the candidate's qualifications and future personal educational goals. All applications are to be submitted to Human Services prior to entering in to a program that will lead to an administrative credential. Candidate Qualifications Any person desiring to enter the program that will lead to achieving an administrative credential must meet the following criteria:

A. Must have completed a master's degree or be currently enrolled in a master's degree program.

B. Must enroll in a college or university program designed to satisfy the administrative certification requirements for Washington State as approved by the district.

C. Must have demonstrated five (5) years of proficient teaching experience. Three (3) years of this experience must have been in the Snohomish School District.

D. Must have demonstrated proficiency level on evaluative criteria for three (3) years in:

1. Centering instruction on high expectations for student achievement

2. Demonstrating effective teaching practices

3. Recognizing individual student learning needs and developing strategies to address those needs

4. Providing clear and intentional focus on subject matter content and curriculum

5. Fostering and managing a safe, positive learning environment

6. Using multiple student data elements to modify instruction and improve student learning

7. Communicating and collaborating with parents and school community

8. Exhibiting collaborative and collegial practices focusing on improving instructional practice and student learning Admittance to the

Administrative Candidate Program

The Administrative Candidate Committee will determine whether to admit a candidate into the district’s administrative candidate program by evaluation of the criteria stated above and consideration of the following additional factors:

A. Projected needs of the Snohomish School District

B. Review of candidate’s academic preparation

C. Review of the quality of the candidate’s educational experiences

D. Candidate’s leadership potential

E. Recommendations from their immediate supervisor and two colleagues

F. Candidate’s interview with the committee

G. Other data, which the candidate or the committee believes, would be beneficial in making a determination regarding program admittance 

Administrative Candidate (Intern) Responsibilities

At the point when the administrative candidate is ready to begin their internship a second meeting with the prospective intern will be convened. The purpose of this meeting will be to review expectations and make a decision as to program requirements and support for the internship. This meeting will occur no later than May 15 the year before the internship will begin.

The administrative intern will be responsible for meeting all school, district and college requirements. Interns are required to be involved in the program from August 1 prior to the start of school through June 30 of the school year. There will be no additional compensation.

Because the program is offered for the benefit of the intern, it is expected that the intern's classroom preparation will have to be outside of the school day. Time not spent in actual classroom instruction should be devoted to internship responsibilities. Interns, by the nature of the program, must spend time beyond the regular school days as requested by the supervising principal and shall receive no monetary compensation for additional time resulting from working on internship programs and activities.

Responsibilities of Supervising Principal

The supervising principal shall be responsible for ensuring that interns are provided learning experiences in all areas of the field experience activities. The principal will meet with the intern to select the appropriate activities and establish a recommended calendar for completion of the various field experiences.

Administrative Candidate (Intern) Release Time

The district recognizes that some activities of the internship will require the intern to attend meetings or to complete assignments during the school day. To assist in the completion of these tasks, the district may allow up to forty-five (45) full days of release time at no loss of pay to each intern. It is also realized by the district that release time is important to a successful internship. This release time is to be arranged in advance by the supervising principal and approved by the Assistant Superintendent.

Length of Internship

An administrative internship shall be the length of one school year. However, the committee may recommend or approve extending an internship beyond one school year. Principal Assignments The district does not assume any responsibility or commitment to the placement of the administrative candidate into administrative positions following completion of the Administrative Candidate Program and the awarding of a provisional elementary or secondary principal's credential.

Reference:

• WAC Chapter 392-320 WAC Chapter 181-78A

Adoption Date: January 11, 2012 

Policy 5500P- Personnel- Administrative Candidate Program Procedures

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The District recognizes the valuable contribution made to the total school program through the volunteer assistance of parents and other citizens. In working with volunteers, District staff will clearly explain the volunteer’s responsibility for supervising students in school, on the playground and on field trips. On field trips both students and volunteers are to be informed of the rules of student behavior and the means by which they are to be held accountable to those rules.

Disclosures for Volunteers

Prior to volunteering, the District will require the applicant to disclose whether he/she has been:

1. Convicted of any crime against persons, as defined in RCW 43.43.830;

2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;

3. Found by a court in a domestic relation proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;

4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor; or

5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

Background Check for Volunteers

All volunteers will undergo a name and birth date background check with the Washington State Patrol. A Washington State driver’s license is required to run the background check. A fingerprint background check will be required for those who do not have a Washington State Driver’s license.

Volunteer Denial – Appeal Process

If a volunteer request has been denied, the requestor can appeal the decision. The decision should be complete in writing and provide to the Superintendent’s office at 1601 Ave. D, Snohomish, WA 98290. The appeal must be received within ten (10) workdays of the principal’s or designee’s decision. The Superintendent or designee will review the findings from the criminal background check and any extenuating circumstances provided in writing by the requestor. The Superintendent or designee may request an in-person meeting to discuss the situation with the requestor. After review of the facts in the situation, the Superintendent or designee will issue a decision within (20) workdays that will be considered final. The Superintendent will be responsible for developing and implementing procedures for the utilization of volunteers.

Legal References:

• RCW 43.43.830-840 Washington State Patrol background checks
• WAC 446-20-285 Employment—Conviction Records

Classification: Discretionary

Adoption Date: January 13, 1993

Revised: June 14, 1995, February 13, 2019

Policy 5630- Auxiliary Personnel- Volunteers

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The voluntary help of citizens should be requested by staff through administrative channels for selected activities and as resource persons.

Volunteers will:

1. Serve in the capacity of helpers and not be assigned to roles which require specific professional training. Instructional services will be rendered under the supervision of certificated staff.

2. Refrain from discussing the performance or actions of students, except with the student's teacher, counselor or principal.

3. Refer to a regular staff member for final solution of any student problems which arise, whether of an instructional, medical or operational nature.

4. Receive such information as:

a. General job responsibilities and limitations;

b. Information about school facilities, routines and procedures;

c. Work schedule and place of work; and

d. Expected relationship to the regular staff.

5. Be provided appropriate training at the building level, if new volunteers, consistent with their tasks and existing District standards. This training will be developed under the leadership of the principal in consultation with a District supervisor. Exceptions would be districtwide programs established by the administration whereby general volunteer programs would be defined.

6. Have assignments and activities carefully defined in writing. Examples of suggested duties for volunteers may include:

a. Bulletin boards;

b. Preparation of materials for art, science, math classes;

c. Office support duties;

d. Clean-up activities;

e. Library and audio-visual duties;

f. Assistance with physical education exercises;

g. Instructional activities appropriate to the volunteer's training and classroom needs, such as monitoring math assignments, listening to reading progress, and others;

h. Vision and hearing testing;

i. School activities supervision; and

j. Playground supervision with a staff member; and

k. Assistance during field trips

7. Have their services terminated for these and other reasons:

a. Program and/or duties completed;

b. Resignation of the volunteer;

c. Replacement by paid staff member;

d. Circumstances which in the judgment of the administration may necessitate asking the volunteer to terminate services.

Volunteer Application Approval

Process Disclosures for Volunteers Prior to volunteering, the District will require the applicant to disclose whether he/she has been:

1. Convicted of any crime against persons, as defined in RCW 43.43.830;

2. Found in any dependency action under RCW 13.34 to have sexually assaulted or exploited any minor or to have physically abused any minor;

3. Found by a court in a domestic relation proceeding under Title 26 RCW to have sexually abused or exploited any minor or to have physically abused any minor;

4. Found in any disciplinary board final decision to have sexually abused or exploited any minor or to have physically abused any minor; or

5. Convicted of a crime related to drugs: manufacture, delivery, or possession with intent to manufacture or deliver a controlled substance.

All volunteers will undergo a name and birth date background check with the Washington State Patrol. A Washington State driver’s license is required to run the background check. A fingerprint background check will be required for those who do not have a Washington State Driver’s license.

Cost of the Finger Print Background Check:

• The District will pay for the finger print background check for all military personnel.
• Those who do not have a Washington State driver’s license due to personal reasons or recently moving to the state will be required to pay the cost of the finger print background check.

Applications will be considered at each school by the Principal or designee. The application may be approved if:

1. The applicant doesn’t disclose any of 1-5 from above.

2. The applicant isn’t a felon.

3. No incriminatory information is received from the Washington State Patrol (WATCH report)

4. The principal or designee determines that the applicant is a good fit for volunteering.

Volunteer Denial – Appeal Process

If a volunteer request has been denied, the requestor can appeal the decision. The decision should be complete in writing and provide to the Superintendent’s office at 1601 Ave. D, Snohomish, 98290. The appeal must be received within ten (10) work days of the principal’s or designee’s decision. The Superintendent or designee will review the findings from the criminal background check and any extenuating circumstances provided in writing by the requestor. The Superintendent or designee may request an in-person meeting to discuss the situation with the requestor. After review of the facts in the situation, the Superintendent or designee will issue a decision within (20) work days that will be considered final.

Adoption Date: June 14, 1995

Revised: February 13, 2019

Procedure 5630P- Auxiliary Personnel- Volunteers Procedures

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