SECTION G: PERSONNEL
Section G contains policies on all school employees except for the Superintendent (policies on the school chief are located in Section C, General Administration). The category is divided into three main divisions: GB has policies applying to all school employees or to general personnel matters; GC refers to instructional and administrative staff; and GD refers to support or classified staff.
O = Optional These policies should be reviewed to determine whether they meet a particular local need. Most are informational in nature.
P = Priority The subject matter of these policies is required by state and/or federal law.
R = Recommended While these policies are not required by law, they are highly recommended for effective and efficient school board operation.
PERSONNEL POLICIES GOALS
The Board recognizes that a dynamic and efficient staff dedicated to education isnecessary to maintain a constantly improving educational program. The Board is interested in its personnel as individuals, and it recognizes its responsibility for promoting the general welfare of the staff.
The Board's specific personnel goals are:
-- to recruit, select, and employ the best-qualified personnel to staff the School system.
-- to provide staff compensation and benefits programs sufficient to attract and retain qualified employees.
-- to provide an in-service training program for all employees to improve their performance, and to improve the overall rate of retention and promotion of staff, including a work-site wellness program that encourages health promotion and disease prevention for employees and their families through attention to their physical, mental, and emotional well-being.
- to conduct an employee appraisal program that will contribute to the continuous improvement of staff performance.
-- to assign personnel so as to ensure they are utilized as effectively as possible.
-- to effectively administer negotiated collective bargaining agreements.
-- to develop the quality of human relationships necessary to obtain maximum staff performance and satisfaction.
Revised: July, 1998
Windham School District Policy GBA
EQUAL OPPORTUNITY EMPLOYMENT
The District will recruit and consider candidates without regard to age, race, color, religion, country of origin, marital status, and sex. When there are opportunities for promotions and qualifications are equal, consideration will be given first to employees.
The District will employ individuals who meet the physical and mental requirements, and who have the education, training, and experience established as necessary for the performance of the job without regard to age, race, religion, country of origin, sex (except where sex is a bona fide occupational requirement), sexual preference and handicapping conditions, except for reasons related to ability to perform the requirements of the job.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBAA
Also JBAA
SEXUAL DISCRIMINATION
I. GENERAL STATEMENT OF POLICY
Sexual harassment is a form of sex discrimination that violates Section 703 of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §2000e, et seq., and Title IX. Sexual violence is a physical act of aggression that includes a sexual act or sexual purpose.
It is the policy of the District to maintain a learning and working environment that is free from sexual harassment and sexual violence. The District prohibits any form of sexual harassment and sexual violence.
It shall be a violation of this policy for any student or employee to harass a student or an employee through conduct or communication of a sexual nature as defined by this policy.
It shall be a violation of this policy for any student or employee to be sexually violent to a student or employee.
The District will act to investigate all complaints, either formal or informal, verbal or written, of sexual harassment or sexual violence and to discipline any student or employee who sexually harasses or is sexually violent to a student or employee of the District.
II. SEXUAL HARASSMENT/SEXUAL VIOLENCE DEFINED
A. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:
1.Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment, or of obtaining an education; or
2. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
That conduct or communication has the purpose or effect of substantially or unreasonably interfering with an individual's employment or education, or creating an intimidating, hostile or offensive employment or education environment.
Any sexual harassment as defined when perpetrated on any student or employee by any student or employee will be treated as sexual harassment under this policy.
Sexual harassment may include but is not limited to:
1. verbal harassment and/or abuse of a sexual nature;
2. subtle pressure for sexual activity;
3. inappropriate patting or pinching;
4. intentional brushing against a student's or an employee's body;
5. demanding sexual favors accompanied by implied or overt threats concerning an individual's employment or educational status;
6. demanding sexual favors accompanied by implied or overt promises of preferential treatment with regard to an individual's employment or educational status;
7. any sexually motivated unwelcome touching; or
8. sexual violence, which is a physical act of aggression, that includes a sexual act or sexual purpose.
III. REPORTING PROCEDURES
Any person who believes he or she has been the victim of sexual harassment
or sexual violence by a student or an employee of the School District, or any
third person with knowledge or belief of conduct which may constitute sexual harassment or sexual violence should report the alleged acts immediately to an
appropriate School District official as designated by this policy. The School District encourages the reporting party or complainant to use the report form available from the Principal of each building or available from the Superintendent's office.
A. In Each School Building. The building Principal is the person responsible for receiving oral or written reports of sexual harassment or sexual violence at the building level. Upon receipt of a report, the Principal must notify the Superintendent of Schools immediately without screening or investigating the report. A written report will be forwarded simultaneously to the Superintendent. If the report was given verbally, the Principal shall reduce it to written form within 24 hours and forward it to the Superintendent. Failure to forward any sexual harassment or sexual violence report or complaint as provided herein will result in disciplinary action. If the complaint involves the building Principal, the complaint shall be filed directly with the Superintendent of Schools.
B. District-Wide. The School Board hereby designates the Superintendent of Schools as the School District Human Rights Officer to receive reports or complaints of sexual harassment and sexual violence from any individual, employee or victim of sexual harassment or sexual violence and also from the building Principals as outlined above. If the complaint involves the Superintendent, the complaint shall be filed directly with the School Board.
The School District shall conspicuously post the name of the Human Rights Officer, including a mailing address and telephone number.
C. Submission of a complaint or report of sexual harassment or sexual violence will not affect the individual's future employment, grades or work assignments.
D. Use of formal reporting forms is not mandatory.
The School District will respect the confidentiality of the complainant and the individual(s) against whom the complaint is filed as much as possible, consistent with the School District's legal obligations and the necessity to investigate allegations of sexual harassment and sexual violence and take disciplinary action when the conduct has occurred.
IV. INVESTIGATION AND RECOMMENDATION
By authority of the School District, the Human Rights Officer, upon receipt of a report or complaint alleging sexual harassment or sexual violence shall immediately authorize an investigation. This investigation may be conducted by School District officials or by a third party designated by the School District. The investigating party shall provide a written report of the status of the investigation within 10 working days to the Superintendent of Schools. If the Superintendent is the subject of the complaint, the report shall be submitted to the School Board.
In determining whether alleged conduct constitutes sexual harassment or sexual violence, the School District should consider the surrounding circumstances, the nature of the sexual advances, relationships between the parties involved and the context in which the alleged incidents occurred. Whether a particular action or incident constitutes sexual harassment or sexual violence requires a determination based on all the facts and surrounding circumstances.
The investigation may consist of personal interviews with the complainant, the individual(s) against whom the complaint is filed, and others who may have knowledge of the alleged incident(s) or circumstances giving rise to the complaint. The investigation may also consist of any other methods and documents deemed pertinent by the investigator.
In addition, the School District may take immediate steps, at its discretion, to protect the complainant, students and employees pending completion of an investigation of alleged sexual harassment or sexual violence.
V. SCHOOL DISTRICT ACTION
A. Upon receipt of a recommendation that the complaint is valid, the School District will take such action as appropriate based on the results of the investigation.
B. The result of the investigation of each complaint filed under these procedures will be reported in writing to the complainant by the School District. The report will document any disciplinary action taken as a result of the complaint.
* Please refer to Student Rights and Responsibilities
VI. REPRISAL
The School District will discipline any individual who retaliates against any person who reports alleged sexual harassment or sexual violence or who retaliates against any person who testifies, assists or participates in an investigation, proceeding or hearing relating to a sexual harassment or sexual violence complaint. Retaliation includes, but is not limited to, any form of intimidation, reprisal or harassment.
VII. RIGHT TO ALTERNATIVE COMPLAINT PROCEDURES
These procedures do not deny the right of any individual to pursue other avenues of recourse that may include filing charges with the Commissioner of Education, initiating civil action or seeking redress under state criminal statutes and/or federal law
VIII. SEXUAL HARASSMENT OR SEXUAL VIOLENCE AS SEXUAL ABUSE
Under certain circumstances, sexual harassment or sexual violence may constitute sexual abuse under New Hampshire law. In such situations, the School District shall comply with said law.
Nothing in this policy will prohibit the School District from taking immediate action to protect victims of alleged sexual abuse.
IX. DISCIPLINE
The School District will take such disciplinary action it deems necessary and appropriate, including warning, suspension or immediate discharge to end sexual harassment and sexual violence and prevent its recurrence.
X. BY-PASS OF POLICY
Any individual with a sexual harassment complaint may choose to bypass this
Policy and accompanying regulation and proceed directly to: N.A. Commission on
Human Rights or Office of Civil Rights
Legal Reference:
NH Code of Administrative Rules - Section Ed. 303.1 (j), 1-9, Substantive Duties of School Boards
Appendix: GBAA-R
JBAA-R
BBA-R
Reviewed: June 2004
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBAA-R
Sexual Harassment and Sexual Violence
Report Form
General Statement of Policy Prohibiting Sexual Harassment
The School District maintains a firm policy prohibiting all forms of discrimination based on sex. Sexual harassment and sexual violence against students or employees is sex discrimination. All persons are to be treated with respect and dignity. Sexual violence, sexual advances or other forms of personal harassment by any person, male or female, which create an intimidating, hostile or offensive environment will not be tolerated under any circumstances.
Complainant:
Home Address:
Work Address
Home Phone
Work Phone:
Date of Alleged Incident(s)
Name of person you believe sexually harassed or was sexually violent toward you.
List any witnesses that were present.
Where did the incident(s) occur?
Describe the incident(s) as clearly as possible, including such things as: what force, if any, was used; any verbal statements (i.e., threats, requests, demands, etc.); what, if any, physical contact was involved; what did you do to avoid the situation, etc. (Attach additional pages if necessary.)
This complaint is filed based on my honest belief that has sexually harassed or was sexually violent to me. I hereby certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge and belief.
(Complainant Signature)
(Date)
Received by:
(Date)
Policies: GBAA & JBAA
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBB
EMPLOYEE INVOLVEMENT IN DECISION-MAKING
The Superintendent shall establish channels for open communications with employees for ideas regarding the operation of schools.
The Superintendent may involve professional and support staff employees for the ready inter-communication of ideas regarding the operation of the schools. He/she will consider with care the counsel given by employees when appropriate, and shall inform the Board of all such counsel in presenting reports of administrative action and in presenting recommendations for Board action.
Revised: July, 1998
Windham School District Policy GBCD
Also IJOC
BACKGROUND INVESTIGATION AND CRIMINAL RECORDS CHECK
Background Investigation
The Superintendent, or his/her designee, shall conduct a thorough investigation into the past employment history, and other applicable background, of any person considered for employment with the District. This investigation shall be completed prior to making an offer of employment.
The Superintendent shall develop a background investigation protocol for use in completing a background investigation and shall keep a written record of all background investigations, which have been done.
As part of the application process, each applicant for a position shall be asked whether he/she has ever been convicted of any crime, and whether there are any criminal charges pending against him/her at the time of application. The falsification or omission of any information on a job application or in a job interview, including, but not limited to, information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or immediate discharge from employment.
Criminal Records Check
Each person considered for employment by the Board whose duties require regular contact with pupils must submit to a State and FBI Criminal Records Check.
Persons regularly in contact with students means a person or persons who, in the performance of his/her duties, (1) comes in direct contact with pupils on a daily basis for any period of time, (2) meets regularly, e.g., once or twice a week, with students, including, but not limited to, an art, music, or physical education teacher, (3) a substitute teacher who comes in direct contact with pupils on a limited basis, or (4) any other persons whom the Superintendent believes, by virtue of their duties and contact with students, should appropriately undergo a Criminal Records Check.
The Superintendent is responsible to establish all necessary internal procedures relative to the initiation and completion of the State and FBI Criminal Records Check.
Volunteers
Volunteers may be subject to a background investigation/criminal records check, as designated in Policy IJOC, Paragraph B.
Conditional Employment
Persons who have been selected for employment may be hired on a conditional basis, pending a successful completion of the State and FBI Criminal Records Check.
No selected applicant for employment shall be extended a conditional offer of employment until the Superintendent, or his/her designee, has initiated the formal state and FBI Criminal Records Check process and has completed a background investigation.
Any person who is offered conditional employment, by way of individual contract or other type of letter of employment, will have clearly stated in such contract or letter of employment that his/her contract and continuation of employment is entirely conditioned upon the completion of a Criminal Records Check that is satisfactory to the District.
All persons employed under a conditional offer of employment may be covered under the District's health insurance program, at the sole discretion of the Board, and in accordance with Board policies and/or collective bargaining agreements, if applicable. However, any such coverage will immediately cease and will not be subject to extension under COBRA, if the Board does not tender the person a final offer of employment by reason of application of this Policy.
Final Offer of Employment
A person who has been extended a conditional offer of employment may be extended a final offer of employment upon the completion of a Criminal Records Check that is satisfactory to the Board.
No person with a conditional offer of employment shall be extended a final offer of employment if such person has been convicted of the following offenses, as referenced in RSA 189:13-a, V.: (1) murder, or (2) child pornography, or (3) aggravated felonious sexual assault, (4) felonious sexual assault, (5) kidnapping, (6) manufacturing, selling,administering, dispensing or distributing any controlled substance(s) on School property, or (7) sexual misconduct within an education setting in this State; or where such person has been convicted of the same conduct in another state, territory, or possession of the United States, or where such person has been convicted of the same conduct in a foreign country.
In addition to the felonies listed above, a person may be denied a final offer of employment if he/she has been convicted of ANY felony. Such determination will be made by the Board, on a case-by-case basis.
The Superintendent, or designee, will transmit this policy to the State Police, who will then screen the criminal records check for any selected applicant for employment, or designated volunteer, and will notify the district whether the record of said selected applicant or volunteer contains any felony convictions.
When the District receives a notification of a felony conviction from the state police on a particular person which it finds unsatisfactory, the Superintendent shall dismiss said person within twenty-four hours (24) of the receipt of such report, excluding Saturdays, Sundays, or legally recognized holidays.
Additionally, a person may be denied a final offer of employment if the Superintendent becomes aware of other conduct that he/she determines would render the person unsuitable to perform the responsibilities of the position involved. Such determinations shall be made on a case-by-case basis.
Additional Criminal Records Checks
The Board may require a Criminal Records Check of any employee at any time.
Statutory Reference:
;RSA 189:13-a, School Employee and Volunteer Background Investigations
Technical Advisory, School Employee Background Investigation, Including A Criminal History Records Check, N.H. Department of Education, Adopted July 28, 1997;
Appendix: GBCD-R, Update to Technical Assistance Advisory, Dated November 19, 1999
Appendix: GBCD-R-1, Update to Technical Assistance Advisory, Dated August 21, 1998
Reviewed: June 2004
Revised: November, 1999 with addition of updated Technical Assistance Advisory
Revised: July, 1998
Windham School District Policy GBCD-R
TECHNICAL ASSISTANCE ADVISORY
Prepared by the Department of Education and the Department of Safety
SCHOOL EMPLOYEE BACKGROUND INVESTIGATION, INCLUDING A
CRIMINAL HISTORY RECORDS CHECK
Purpose.
The purpose of this Technical Assistance Advisory is to provide clear and concise requirements for School Administrative Units (hereinafter, the "SAU"), School Districts, and Charter Schools with respect to a school employee background investigation, including a Criminal History Records Check, for each selected applicant regularly in contact with pupils in the performance of his/her duties.
Definitions. The following definitions shall apply:
(a)"Background investigation" means an investigation into the past employment and other background of a selected applicant in a SAU, School District, or Charter School or an employee or employees of a contractor which contracts with an SAU, School District, or Charter School with the intent of determining whether:
(1)The applicant is qualified for the position for which he/she has applied, and
(2) The applicant has been found guilty of any criminal activity or conduct that would make him/her ineligible for employment.
(b) "Conditional offer of employment" means an offer of employment extended to a selected applicant subject to a successfully completed Criminal History Records Check that is satisfactory to the SAU, School District, or Charter School.
(c) "Contractor" means a private business or agency or an employee or employees of the contractor which contracts with an SAU, School District, or Charter School to provide services, including but not limited to:
(1) cafeteria workers,
(2) school bus drivers,
(3) custodial personnel, or
(4) any other direct service or services to students of the District or Charter School.
(d)Criminal History Check" means a Criminal History Record inquiry conducted by the New Hampshire State Police through its records and through the Federal Bureau of Investigation (hereinafter, the "FBI").
(e) "Persons regularly in contact with pupils" means a person or persons who, in the performance of his/her duties:
(1) Comes in direct contact with pupils on a daily basis for any period of time;
(2) Meets regularly, once or twice a week, with students, including, but not limited to, an art, music, or physical education teacher; or
(3) A substitute teacher who comes in direct contact with pupils on a limited basis.
(f) "School employee" means an employee in any position in an SAU, School District, or Charter School.
(g) "Selected applicant" means a person selected for employment that has provided an SAU, School District, or Charter School with:
(1) A signed notarized Criminal History release form, and
(2) A complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of an SAU, School District, or Charter School which have been submitted by an SAU, School District, or Charter School to the New Hampshire State Police for a Criminal History Check.
(h) "Subcontractor" means a private business or agency or an employee or employees of a contractor that contracts with a contractor to provide services.
Employee Background Investigation.
Each SAU, School District, or Charter School, as part of the employment process, shall conduct an employee background investigation for each selected applicant for employment.
Criminal Records Check.
(a) For each selected applicant the SAU, School District or Charter School shall submit, with appropriate fees, a notarized Criminal History Records release form and a complete set of fingerprints to the New Hampshire State Police so that the State Police can conduct a Criminal History Record Inquiry through its records and through the FBI.
(b) No selected applicant may be extended a conditional offer of employment unless the SAU, School District or Charter School has initiated a Criminal History Records Check.
(c) A Criminal History Records Check shall be prepared in compliance with RSA 189:13-a and with New Hampshire Department of Safety requirements included in this advisory.
(d) The Department of Safety shall submit the results of a Criminal History Records Check to a selected applicant's prospective employer(s) and the Department of Education.
(e) The SAU, School District, and the Charter School shall assure confidentiality of an employees' Criminal Record Report upon receipt of that report from the Division of State Police and the FBI.
(1) Such reports shall be maintained only in the employee's file; and
(2) Only authorized personnel, as determined by the SAU, local School District, or Charter School shall have access to such record.
(f) No selected applicant shall be extended a final offer of employment if such person has been convicted of:
(1) Murder,
(2) Child pornography,
(3) Aggravated felonious sexual assault,
(4) Felonious sexual assault, or
(5) Kidnapping.
(g) A SAU Board, School Board, or a Charter School Board of Trustees may deny a selected applicant a final offer of employment if such person has been convicted of conduct in addition to (f) above, as determined by the SAU, School District, or Charter School. The governing body must adopt a policy to allow this prerogative.
Criminal Records Check Through the Division of State Police, Department of Safety.
(a) The law (RSA 189:13-a) requires that an SAU, School District, or Charter School must submit to the State Police a complete set of fingerprints and a release form for each individual covered by the law. The State Police must conduct a New Hampshire Criminal Records Check and will forward the fingerprints to the FBI for a national records check. The FBI will not conduct that check without a proper set of fingerprints.
(b) The State Police will provide to each SAU, School District, and Charter School a set of records release forms and fingerprint cards. The record release forms and fingerprint cards, provided by the State Police, will be the only types of forms that will be accepted. However, each SAU, School District, or Charter School may reproduce the release form as is necessary.
(c) The selected applicant will complete the release form and bring the fingerprint card to a person qualified to take fingerprints. Depending on arrangements, which have been made by the District, this may be a local law enforcement agency or a trained individual employed by the SAU, School District, or Charter School. The selected applicant must provide the release form and the fingerprints to the SAU, School District, or Charter School.
(d) The SAU, School District, or Charter School will then forward the release form and the fingerprints to the State Police. The submission of the release form and the fingerprints must be accompanied by the proper fees, which cover the cost of both the State and Federal Records Checks. Inadequate fees will delay the process. The fees are as follows:
For selected applicants - $34 plus postage.
(e) The Criminal History Records Check done by the FBI will take a minimum of 30 days. The FBI will forward the results to the State Police, and the State Police will notify the persons named on the release forms of the results. The FBI will destroy the fingerprint cards once the check hasbeen completed. No copy of the fingerprints will be kept by the State Police.
(f) The results of the completed Criminal History Records Checks by the State Police will be sent separately from the completed Criminal History Records Checks by the FBI.
Criminal History Records Checks by the State Police for Persons Who Work for Several Districts.
(a) Employees of multiple School Districts will submit the proper release form, fingerprints, and fees to one of the Districts.
(b) The release form will identify each District, and the employee will provide the results to each District.
(c) The fee for this type of check will be the same as if the applicant was employed by only one District.
Fingerprints.
(a) The two overriding issues with respect to the fingerprints are that they be taken properly and that they be placed on the fingerprint cards supplied by the State Police.
(b) The question of who actually takes the fingerprints is left to the District. The law allows this to be done by a "qualified law enforcement agency or an authorized employee" of the SAU, School District, or Charter School.
(c)In some cases, then, the prints may be taken by the local law enforcement agency. Local law enforcement must use the fingerprint cards supplied to the District by the State Police.
Conditional Offer of Employment.
(a) An SAU, School District, or Charter School may extend a conditional offer of employment to a selected applicant, with a final offer of employment subject to a successfully completed Records Check including a Criminal History Records Check.
(b) A selected applicant extended a conditional offer of employment shall be eligible for the same salary and fringe benefits as if he/she were provided a final offer of employment.
(c) A conditional offer of employment may continue during the time the SAU, School District, or Charter School is awaiting receipt of a completed records Check including a Criminal History Records Check report.
(d) In the event that the first set of fingerprints is invalid and a second set of fingerprints is necessary in order to complete the Criminal History Records Check, the conditional offer of employment shall remain in effect.
(e) A conditional offer of employment for a selected applicant shall be valid for no more than one submission of fingerprints.
Final Offer of Employment.
(a) An SAU, School District, or Charter School may extend a final offer of employment to a selected applicant, who has a conditional offer of employment, if the selected applicant receives a successfully completed Records Check including a Criminal History Records Check.
(b) If a selected applicant is extended a final offer of employment, the individual shall be entitled to membership in the collective bargaining unit subject to the requirements of RSA 273-A and shall immediately be covered by the terms and conditions of the collective bargaining agreement.
Records Retention. An SAU, School District, or Charter School may transfer personnel files, including a Criminal History Records Check, to alternative electronic media if authorized by the individual and provided that the SAU, School District, or Charter School assures privacy of such record.
Additional Criminal History Records Checks. An SAU, School District, or Charter School may require a Criminal History Records Check at a time or times subsequent to the original Records Check if deemed necessary.
Contractor or Subcontractor Responsibility.
(a) An employee background investigation including a Criminal History Records Check shall be conducted by a contractor or subcontractor for each employee in regular contact with pupils in accordance with this advisory.
(b) The cost of such investigation, including Criminal History Checks, for employees or selected applicants for employment with such contractors shall be borne by the contractor or subcontractor.
(c) The contractor or subcontractor shall submit to the SAU, School District, or Charter School a written verification that a background investigation, including a successfully completed Records Check, including a Criminal History Records Check has been done for each employee of the contractor or subcontractor who is regularly in contact with pupils
Unsuccessful Criminal History Records Check.
If an SAU, School District, or Charter School receives an unsuccessful Criminal History Records Report for a selected applicant, the SAU, School District, or Charter School shall immediately, within 24 hours of receipt of such report, excluding Saturday, Sunday, or a holiday, dismiss the selected applicant.
Cost Of An Employee Background Investigation, Including Criminal History Records Check.
The cost of a background investigation, including a Criminal History Check or any other relevant records Check shall be borne by the selected applicant unless otherwise determined by an SAU, School Board, or Charter School.
PROFESSIONAL AND SUPPORT STAFF POSITIONS
EMPLOYEE INITIATION OF A CRIMINAL RECORDS HISTORY CHECK
(The new employee must initiate the Criminal Records Check at the Superintendent's
Office before s/he can be issued a conditional employment contract.)
1. Sign and have notarized the Criminal Records Release Authorization form.
2. Arrange to have your fingerprints taken by making an appointment with the appropriate police department.
3. Bring your (1) signed Criminal Records Release Authorization form, (2) completed fingerprints card, and (3) check for $34 made payable to State of New Hampshire - Criminal Records. The fee is set by the New Hampshire Division of Safety and is to be paid by the employee, not the School District.
Do not send these materials directly to the Division of Safety.
4. Once the completed forms have been logged and sent to the NH Department of Safety via certified mail, you will be issued an employment contract. Sign two copies of the conditional employment contracts. Retain one copy and send the other copy to the Superintendent's office. Pursuant to RSA 198:13-a, this conditional employment contract entitles you to the same salary and economic benefits as you would otherwise receive under a final offer of employment, except that you are not covered by the terms and conditions of any applicable collective bargaining agreement while conditionally employed.
Completion of Criminal Records History Check
5. The Superintendent's office will send by certified mail your Criminal Records Release Authorization form, fingerprints card, and payment to the New Hampshire Department of Safety, Division of State Police, Central Reporting for Criminal Records, 10 Hazen Drive, Concord.
6. The State Police will conduct a New Hampshire Criminal Records Check and will forward your fingerprints to the FBI for a National Criminal Records Check. The check done by the FBI will take a minimum of 30 days.
The FBI will destroy your fingerprint card once the check has completed. No copy of the fingerprint card will be kept by the State Police.
EMPLOYEE INITIATION OF A CRIMINAL RECORDS HISTORY CHECK
7. The results of the completed Criminal Records Check conducted by the State Police will be sent to the Superintendent and the Department of Education separately from the completed Records Check conducted by the FBI. Your two-part Criminal Records Report shall be kept confidential, and only the Superintendent and the Principal shall have access to it. The Department of Education establishes its own confidentiality procedure. The Criminal Records Report issued by the FBI and the NH Department of Safety becomes the property of the School Administrative Unit, however, you, as an employee, may request and receive one attested copy of these Reports from the Superintendent's Office at no charge.
Final Offer of Employment
The District will automatically convert your conditional employment to a final employment contract if you have not been found guilty of a criminal activity or of any other contract if you have not been found guilty of any Criminal Records Check, then state law requires that you be dismissed from employment within 24 hours of our receipt of the report, excluding Saturday, Sunday or holidays.
Policy GBCD
Revised: November, 1999, see GBCD-R-1 for updated Technical Assistance Advisory from Department of Education
Revised: July, 1998
TECHNICAL ASSISTANCE ADVISORY UPDATE
State law requires a criminal records check for “selected applicants” prior to a conditional offer of employment and an update on RSA 189:13-a, School Employee Background Investigations. On July 28, 1997, the State Board of Education adopted Te3chnical Assistance Advisory? School employee Background Investigation Including Criminal History Records check. The Advisory was prepared jointly by the Departments of Education and Safety. It has come to our attention that not all school districts are complying with this law. If you are not in compliance and would like assistance in meeting the requirements of RSA189:13-1, contact Susan Belanger, Department of Safety, 603-271-2507 or Pat Busselle, Department of Education, 603-271-3879.
Legislation passed in the 1998 session, Chapter 256, Relative to child Day Care Providers and Clarifying the Procedures for Background Criminal checks for School employees and Volunteers, requires additions to the Advisory. The specific revisions are as follows:
The effective date of Chapter 256, Relative to Child Day Care Providers and Clarifying the Procedures for Background Criminal Checks for School Employees and Volunteers is August 25, 1998. The Department of Safety has advised us that criminal records checks initiated on or after that date will take considerably longer to process. School administrative units/school districts should expect a delay of 3-9 months. The Criminal Records Bureau will review State Police and Federal Bureau of Investigation records received on or after August 25, 1998 in accordance with the new law.
If, after two attempts, a school administrative unit/school district is unable t9o obtain a set of fingerprints, the school administrative unit/school district may meet the pro0visions of RSA 189:13-a,II, by obtaining records for an individual through the Criminal Records Bureau in other states. The Departments of Safety and Education are working at obtaining an official record release form from the other states. Once received the Department of Education will keep the release on file and make them available to school administrative units/school districts.
To assist school districts in preparing a policy regarding the denial of a final offer of employment for selected applicants convicted of all or specific felonies, the Department of Safety has provided the Department of Education with a list of felonies identified in the New Hampshire Revised Statutes Annotated. See attached Criminal Statutes with Felony Penalties prepared by Jeff Kellett, Office of State Criminal Records. (The Department of Education has forwarded the list to the Office of Attorney General for review.) If your school district adopts a policy regarding felony convictions please review the policy with legal counsel. Forward the policy to Susan Belanger, Division of State Police, Office of Criminal Records, James H. Hayes Building, 10 Hazen Drive, Concord, NH 03305-0002. The Bureau will use your list in reviewing the completed criminal records checks.
To assist school administrative units/school district5s complying with RSA 189:13-a, the Department is including with this memorandum:
Technical Assistance Advisory: School Employee Background Investigation Including Criminal History Records Check;
Memoranda on Criminal Records Check for Student Teachers and Interns, August 14, 1997,
Criminal Records Check Requirement for Intern Educators, August 14, 1997,
Approved Nonpublic special education school or program, September 30, 1997, and
Clarification of Criminal Records Check for Employers Providing Students with Work based Learning or Co-OP Opportunities, May 7, 1998.
Windham School District Policy GBD
Also BHC
BOARD-EMPLOYEE COMMUNICATIONS
The Board desires to maintain open channels of communication between itself and the staff. The basic line of communication will, however, be through the Superintendent of Schools.
Staff Communications to the Board
All communications or reports to the Board or any Board committee fromPrincipals, supervisors, teachers, or other staff members shall be submittedthrough the Superintendent.
Board Communications to Staff
All official communications, policies, and directives of staff interest and concern will be communicated to staff members through the Superintendent, and the Superintendent will employ all such media as are appropriate to keep staff fully informed of the Board's problems, concerns, and actions.
Visits to Schools
Individual Board members interested in visiting schools or classrooms willinform the Superintendent of such visits and make arrangements for visitations through the Principals of the various schools. Such visits shall be regarded as informal expressions of interest in school affairs and not as "inspections" or visits for supervisory or administrative purposes. Official visits by Board members will be carried on only under Board authorization and with the full knowledge of the Superintendent and Principals.
Social Interaction
Staff and Board members share a keen interest in the Schools and in education generally, and it is to be expected that, when they meet at social affairs and other functions, they will informally discuss such matters as educational trends, issues, and innovations and general District problems. However, individual Board members have no special authority excepting when they are convened at a legal meeting of the Board or vested with special authority by Board action. Therefore, discussions by either party of personalities or personnel grievances will be considered as evidence of unethical conduct.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBE
EMPLOYEE RIGHTS AND RESPONSIBILITIES
Essential to the success of ongoing school operations and the instructional program are the following specific responsibilities, which shall be required of all personnel:
1. Faithfulness and promptness in attendance at work.
2. Support and enforcement of policies of the Board and regulations of the School administration in regard to students.
3. Diligence in submitting required reports promptly at the times specified.
4. Care and protection of school property.
5. Concern and attention toward their own and the Board's legal responsibility for the safety and welfare of students, including the need to ensure that students are under supervision at all times.
All School employees shall set examples that are an important part of the educational process. Their manner, dress, courtesy, and attitudes establish models that affect the development of young people. The Board expects its staff members to set exemplary standards, as well as provide exemplary instruction.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBEA
STAFF ETHICS
An employee speaking or writing as a citizen should be free from institutional censorship or discipline, but his/her special position in the community carries special obligation. The employee must remember that the public may judge the profession and institution by his/her utterances. Hence the employee should, at all times, be accurate, exercise appropriate restraint, show respect for the opinion of others, and make every effort to indicate that he/she is not a school spokesperson.
EMPLOYEE CONFLICT OF INTEREST
Employees will not engage in, or have a financial interest in, any activity that raises a reasonable question of conflict of interest with their duties and responsibilities as employees. This includes, but is not limited to:
1. Employees will not participate for financial remuneration in outside activities wherein their position on the staff is used to sell goods or services pupils or their parents.
2. Employees who have patented or copyrighted any device, publication, or other item will not receive royalties for use of such item in the District.
3. Employees will not engage in any type of work where the source of information concerning customer, client, or employer originates from information obtained through the District.
4. School employees will not solicit or sell for personal gain any educational materials or equipment in the attendance areas served by the School to which they are assigned. Nor will any employees make available lists of names of students or parents to anyone for sales purposes.
To avoid nepotism in the supervision of personnel, the Board directs that no employee be assigned in any position where the employee would be responsible to a relativeor a person residing in the same domicile.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBEBB
Also JICDAA
EMPLOYEE-STUDENT RELATIONS
Employees and students shall be expected to regard each other as individuals to be treated with courtesy and respect.
Revised: July, 1998
Windham School District Policy GBEBC
EMPLOYEE GIFTS AND SOLICITATIONS
All employees are prohibited from accepting things of material value from companies or organizations doing business with the District. Exceptions to this policy are the acceptance of minor items that are generally distributed by the companies through public relations programs.
Solicitations
No organization may solicit funds of staff members within the Schools, nor may anyone distribute flyers or other materials related to fund drives through the Schools, without the approval of the Superintendent. Staff members will not be made responsible, or will they assume responsibility for, the collection of any money or distribution of any fund drive literature within the Schools unless such activity has the Superintendent's approval. The Board expects such activities to be kept to a minimum. The Superintendent shall seek direction from the Board in instances where prior practice offers no guidance about a particular fund drive.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBEC
Also ADB, ADC, GBED & JICG
DRUG-FREE WORKPLACE POLICY
The School District will provide a drug-free workplace in accordance with the Drug-Free Schools and Communities Act of 1988 and Amendments of 1989 (41 USCA Section 701 Et. Seq.). In compliance with statutory requirements, the District will:
1. Notify all employees, in writing, that the unlawful manufacture, distribution, dispensation, possession, or use of illicit drugs and alcohol is prohibited in the District's workplace and that any violation is subject to disciplinary action. Notification will be accomplished by distribution of this policy to all employees.
2. Provide a drug-free awareness program to inform employees about:
a. The dangers of illicit drugs in the workplace;
b. The District's policy of maintaining a drug-free workplace;
c. Available drug and alcohol counseling, rehabilitation, and employee assistance and/or re-entry programs; and
d.The penalty/penalties that may be imposed on employees for drug and alcohol violations occurring in the workplace.
3. Notify employees that, as a condition of employment in the District, they will agree to and abide by the terms of the policy, and will notify the District of any drug statute conviction resulting from workplace conduct within five days of the conviction.
4. Establish the following as grounds for disciplinary action:
a. Working under the influence of alcohol or illegal drugs, no matter where consumed.
b. Having an unsealed container of alcohol or consuming alcohol on School property. (Any employee who finds any type of container of alcohol on School property should report it to the administration as soonas possible.)
c. Possessing or distributing controlled substances on School property.
d. Consuming, possessing, or distributing alcohol or illegal drugs at official* School functions not on School property.
* An "official" School function is defined as one which is authorized and conducted by the School with School officials present, in charge, and on duty, such as, but not limited to:
a. Interscholastic athletic contests
b. Field trips
c. School dances
5. Alert the local law enforcement agency of suspected violations of the policy.
6. Take any of the following disciplinary actions (either alone or in combination) regarding an employee who is in violation of the policy:
a. Suspension
b. Termination of employment
c. Satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health or law enforcement, or other appropriate agency.
7. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all the provisions of this policy. In so doing, the District will conduct a biennial review of its programs to determine their effectiveness and to ensure that the disciplinary sanctions are consistently enforced and changes are implemented, if needed.
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBED
Also ADB, ADC, GBEC & JICG
TOBACCO PRODUCTS BAN
USE AND POSSESSION IN AND ON SCHOOL FACILITIES AND GROUNDS
USE OF TOBACCO PRODUCTS STRICTLY PROHIBITED IN/ON ALL SCHOOL FACILITIES AND/OR GROUNDS
No person shall use any tobacco product in any facility maintained by the School District, nor on any of the grounds of the District.
"Tobacco products" means cigarettes, cigars, snuff, smokeless tobacco, smokeless cigarettes, products containing tobacco, and tobacco in any other form.
"Facility" is any place which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in all grades maintained by the District. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration, including, but not limited to, lounge areas, passageways, rest rooms, laboratories, classrooms, study areas, cafeterias, gymnasiums, maintenance rooms, and storage areas.
The District shall place signs in all buildings, facilities and School vehicles stating that the use of tobacco products is prohibited.
It is the responsibility of the building Principal(s), or designee, to initially enforce this policy by requesting that any person who is violating this policy to immediately cease the use of tobacco products. After this request is made, if any person refuses to refrain from using tobacco products in violation of this policy, the Principal or designee may call the local police who shall then be responsible for all enforcement proceedings and applicable fines and penalties.
Students
No student shall purchase, attempt to purchase, possess or use any tobacco product in any facility, in any School vehicle or anywhere on School grounds maintained by the District.
Enforcement of this prohibition shall initially rest with building Principals, or their designee who may report any violation to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
The Principal will develop regulations, which cover disciplinary action to be taken for violations of this policy. These regulations will be communicated to students by means deemed appropriate by the Principal. In addition to disciplinary actions taken by the School, criminal penalties for fines may result from violations of this policy.
Employees
No employee shall use any tobacco product in any facility in any School vehicle or anywhere on School grounds maintained by the District.
Initial responsibility for enforcement of this prohibition shall rest with building Principals, or their designees. The Principal may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
The Principal will develop and implement the appropriate means of notifying employees of the possible disciplinary consequences of violating this policy. Any employee(s) who violate this policy are subject to disciplinary action that may include warning, suspension or dismissal. In addition, fines or other penalties may result from enforcement of these prohibitions by other law enforcement officials.
All Other Persons
No visitor shall at any time use tobacco products in any facility, in any School vehicle, or anywhere on School grounds maintained by the District.
Responsibility for enforcement of this prohibition shall rest with all School District employees who may report violations to the local police department. In accordance with state law, the police department shall be responsible for all proceedings and applicable fines and penalties.
Statutory References:
RSA 155:64 - 76
RSA 126 – K:6 & K:7
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBG
EMPLOYEE PROTECTION
The School Board will indemnify and hold harmless District employees against claims that may be entered against them as a result of carrying out their assigned responsibilities, as provided under RSA 31:105 and 31:106. To protect the District's financial resources, as well, the Board will provide for liability coverage for all personnel through policies structured to maintain the statutory immunities as provided in RSA 31:507:B; professional liability insurance as needed, workers' compensation, and unemployment compensation coverages.
Workers' Compensation
All employees of the Board are covered by workers' compensation insurance paid for and provided by the Board. This insurance coverage is provided for employees in accordance with the provisions of the insurance carrier.
Unemployment Compensation
All employees of the Board are covered by unemployment compensation insurance paid for and provided by the Board. This insurance coverage is provided for all employees regardless of assignment, length of assignment, and/or hours worked per day. Benefits afforded are for wage loss due to temporary unemployment through no fault of the individual, for those who mee eligibility requirements as provided for in state law. District employees with reasonable assurance of employment after a regularly scheduled vacation break are ineligible for benefits during such breaks.
Statutory References:
RSA 31:105, 106, & 507-B
Revised: November, 1999
Revised: July, 1998
Windham School District Policy GBGA
STAFF HEALTH
I. Medical Examination of School Personnel
All school personnel shall be required to have a pre-employment post offer medical examination by a licensed physician. Any person who objects to all or part of any medical examination because of religious beliefs shall be exempt from said examination, except that no such exemption shall be granted if state or local authorities determine that such exemption would constitute a hazard to the health of persons exposed to the unexamined individual. The cost of such examinations will be the responsibility of the individual.
II. Additional Examinations
The Superintendent may request a medical examination for any employee if at any time he/she has reason to believe that the employee's physical or mental health may be inimical to the welfare of pupils or other employees. The cost of such examination will be borne by the District.
III. Responsibility
It is the responsibility of the school nurse assigned to each School to report any violation of the above policy throu