5:10 Equal Employment Opportunity and Minority Recruitment
The School District shall provide equal employment opportunities to all persons regardless of their race, color, creed, religion, national origin, sex, sexual orientation, age, ancestry, marital status, arrest record, military status, order of protection status; unfavorable military discharge, citizenship status provided the individual is authorized to work in the United States, use of lawful products while not at work, being a victim of domestic or sexual violence, physical or mental handicap or disability, if otherwise able to perform the essential functions of the job with reasonable accommodation, pregnancy, childbirth, or related medical conditions, credit history, unless a satisfactory credit history is an established bona fide occupational requirement of a particular position, or other legally protected categories. No one will be penalized solely for his or her status as a registered qualifying patient or a registered designated caregiver for purposes of the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/.
Persons who believe they have not received equal employment opportunities should report their claims to the Nondiscrimination Coordinator and/or a Complaint Manager for the Uniform Grievance Procedure. These individuals are listed below. No employee or applicant will be discriminated or retaliated against because he or she (1) requested, attempted to request, used or attempted to use a reasonable accommodation as allowed by the Illinois Human Rights Act, or (2) initiated a complaint, was a witness, supplied information, or otherwise participated in an investigation or proceeding involving an alleged violation of this policy or State or Federal laws, rules or regulations provided the employee or applicant did not make a knowingly false accusation nor provide knowingly false information.
The Superintendent shall appoint a Nondiscrimination Coordinator for personnel who shall be responsible for coordinating the District's nondiscrimination efforts. The Nondiscrimination Coordinator may be the Superintendent or a Complaint Manager for the Uniform Grievance Procedure. The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District's current Nondiscrimination Coordinator and Complaint Managers.
Dr. Julia Wheaton
15100 South 94th Avenue
Orland Park, Illinois 60462
Name Dr. Kim Dryier
Address: 15100 South 94th Avenue
Orland Park, Illinois 60462
Name John Lavelle
Address: 15100 South 94th Avenue
Orland Park, Illinois 60462
The Superintendent shall also use reasonable measures to inform staff members and applicants that the District is an equal opportunity employer, such as by posting required notices and including this policy in the appropriate handbooks.
The District will attempt to recruit and hire minority employees. The implementation of this policy may include advertising openings in minority publications, participating in minority job fairs, and recruiting at colleges and universities with significant minority enrollments. This policy, however, does not require or permit the District to give preferential treatment or special rights based on a protected status without evidence of past discrimination.
LEGAL REF.: Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.
Americans With Disabilities Act, Title I, 42 U.S.C. § 12111 et seq.
Civil Rights Act of 1991, 42 U.S.C. §1981 et seq.,
Equal Employment Opportunities Act (Title VII of the Civil Rights Act of 1964), 42 U.S.C. §2000e et seq., 29 C.F.R. Part 1601.
Equal Pay Act, 29 U.S.C. § 206(d).
Immigration Reform and Control Act, 8 U.S.C. § 1324a et seq.
Rehabilitation Act of 1973, 29 U.S.C. § 791 et seq.
Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et.seq.
Pregnancy Discrimination Ac, 42 U.S.C. §2000e(k)
Title IX of the Education Amendments, 20 U.S.C. § 1681 et seq., 34 C.F.R. Part 106.
Uniformed Services Employment and Reemployment Rights Act (1994), 39 U.S.C. §§4301 et seq
IL Constitution, Art. I, §§ 17, 18, and 19.
105 ILCS 5/10-20.7, 5/10-20.7a, 5/10-21.1, 5/10-22.4, 5/10-23.5, 5/22-19, 5/24-4, 5/24-4.1, and 5/24-7.
Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/40.
Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq
Ill. Whistleblower Act, 740 ILCS 174/.
Ill. Human Rights Act, 775 ILCS 5/1-103, 5/2-102, 5/2-103, and 5/6-101.
Religious Freedom Restoration Act, 775 ILCS 35/5.
Right to Privacy in the Workplace Act, 820 ILCS 55/10
Employee Credit Privacy Act, 820 ILCS 70/.
Job Opportunities for Qualified Applicants Act, 820 ILCS 820 ILCS 75/.
Ill. Equal Pay Act of 2003, 820 ILCS 112/.
Victims’ Economic Security and Safety Act, 820 ILCS 180/30.
Nursing Mothers in the Workplace Act, 820 ILCS 260
CROSS REF.: 2:260, 5:20, 5:30, 5:40, 5:50, 5:70, 5:180, 5:200, 5:250, 5:270, 5:300, 5:330,
7:10, 7:180, 8:70
ADOPTED: October 4, 1999
REVISED: March 25, 2000; October 24, 2005; August 2009; February 24, 2011; July 1, 2011;
March 26, 2015; December 22, 2016 (update of complaint manager contact information and legal references only)
5:20 Workplace Harrassment Prohibited
The School District expects the workplace environment to be productive, respectful, and free of unlawful discrimination, including harassment. District employees shall not engage in harassment or abusive conduct on the basis of an individual’s race, religion, national origin, sex, sexual orientation, age, citizenship status, disability, or other protected status identified in Board policy 5:10, Equal Employment Opportunity and Minority Recruitment. Harassment of students, including, but not limited to, sexual harassment, is prohibited by Board policy 7:20, Harassment of Students Prohibited.
The District will take remedial and corrective action to address unlawful workplace harassment, including sexual harassment.
Sexual Harassment Prohibited
The School District shall provide a workplace environment free of verbal, physical, or other conduct or communications constituting harassment on the basis of sex as defined and otherwise prohibited by State and federal law.
District employees shall not make unwelcome sexual advances or request sexual favors or engage in any unwelcome conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment. Sexual harassment prohibited by this policy includes, but is not limited to, verbal, physical, or other conduct. The terms intimidating, hostile, or offensive include, but are not limited to, conduct that has the effect of humiliation, embarrassment, or discomfort. Sexual harassment will be evaluated in light of all the circumstances.
Making a Complaint
Employees are encouraged to promptly report information regarding violations of this policy. Employees may choose to report to a person of the employee’s same gender. Every effort should be made to file such complaints as soon as possible, while facts are known and potential witnesses are available.
Aggrieved employees, if they feel comfortable doing so, should directly inform the person engaging in the harassing conduct or communication that such conduct or communication is offensive and must stop.
Whom to Contact with a Report or Complaint
An employee should report claims of harassment, including making a confidential report, to any of the following: his/her immediate supervisor, the Building Principal, an administrator, the Nondiscrimination Coordinator, and/or a Complaint Manager.
Employees may also report claims using Board policy 2:260, Uniform Grievance Procedure. If a claim is reported using Board policy 2:260, then the Complaint Manager shall process and review
the complaint according to that policy, in addition to any response required by this policy 5:20, Workplace Harassment Prohibited.
The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers.
Dr. Julia Wheaton
15100 S. 94th Ave.
Orland Park, Il 60462
Dr. Kim Dryier
15100 S. 94th Ave
Orland Park, Il 60462
15100 S. 94th Ave.
Orland Park, Il 60462
Supervisors, Building Principals, or administrators who receive a report or complaint of harassment must promptly forward the report or complaint to the Nondiscrimination Coordinator or a Complaint Manager. A supervisor or administrator who fails to promptly forward a report or complaint may be disciplined, up to and including discharge.
Reports and complaints of harassment will be confidential to the greatest extent practicable, subject to the District’s duty to investigate and maintain a workplace environment that is productive, respectful, and free of unlawful discrimination, including harassment. The District shall investigate alleged workplace harassment when a Complaint Manager becomes aware of an allegation, regardless of whether a written report or complaint is filed.
A violation of this policy by an employee may result in discipline, up to and including discharge. A violation of this policy by a third party will be addressed in accordance with the authority of the Board in the context of the relationship of the third party to the District, i.e., vendor, parent, invitee, etc. Any employee making a knowingly false accusation regarding harassment will likewise be subject to disciplinary action, up to and including discharge.
An employee’s employment, compensation, or work assignment shall not be adversely affected by complaining or providing information about harassment. Retaliation against employees for bringing bona fide complaints or providing information about harassment is prohibited (see Board policy 2:260, Uniform Grievance Procedure), and whistleblower protection may be available under the State Officials and Employees Ethics Act (5 ILCS 430/), the Whistleblower Act (740 ILCS 174/), and the Ill. Human Rights Act (775 ILCS 5/).
An employee should report allegations of retaliation to his/her immediate supervisor, the Building Principal, an administrator, the Nondiscrimination Coordinator, and/or a Complaint Manager.
Employees who retaliate against others for reporting or complaining of violations of this policy or for participating in the reporting or complaint process will be subject to disciplinary action, up to and including discharge.
Recourse to State and Federal Fair Employment Practice Agencies
The District encourages all employees who have information regarding violations of this policy to report the information pursuant to this policy. The following government agencies are available to assist employees: the Ill. Dept. of Human Rights and the U. S. Equal Employment Opportunity Commission.
The Superintendent shall also use reasonable measures to inform staff members and applicants of this policy, which shall include reprinting this policy in the appropriate handbooks.
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., implemented by 29 C.F.R. §1604.11.
Title IX of the Education Amendments of 1972, 20 U.S.C. §1681 et seq., implemented by 34 C.F.R. Part 106.
State Officials and Employees Ethics Act, 5 ILCS 430/70-5(a).
Ill. Human Rights Act, 775 ILCS 5/2-101(E), 5/2-102(D), 5/2-102(E-5), 5/5-102, and 5/5-102.2.
56 Ill. Admin.Code Parts 2500, 2510, 5210, and 5220.
Burlington Industries v. Ellerth, 524 U.S. 742 (1998).
Crawford v. Metro. Gov’t of Nashville & Davidson County, 555 U.S. 271 (2009).
Faragher v. City of Boca Raton, 524 U.S. 775 (1998).
Franklin v. Gwinnett Co. Public Schools, 503 U.S. 60 (1992).
Harris v. Forklift Systems, 510 U.S. 17 (1993).
Jackson v. Birmingham Bd. of Educ., 544 U.S. 167 (2005).
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986).
Oncale v. Sundown Offshore Services, 523 U.S. 75 (1998).
Porter v. Erie Foods International, Inc., 576 F.3d 629 (7th Cir. 2009).
Sangamon County Sheriff’s Dept. v. Ill. Human Rights Com’n, 233 Ill.2d 125 (Ill. 2009).
Vance v. Ball State University, 133 S. Ct. 2434 (2013).
CROSS REF.: 2:260 (Uniform Grievance Procedure), 5:10 (Equal Employment Opportunity and Minority Recruitment), 7:20 (Harassment of Students Prohibited)
Adopted: April 2018
5:30 Selection of Personnel
The Superintendent or designee is responsible for recruiting personnel, in compliance with School Board policy, and making hiring recommendations to the School Board. Educational personnel applicants are initially screened by the Building Principal or supervisor. The District shall hire the best qualified personnel consistent with budget and staffing requirements, and shall comply with School Board policy on equal employment opportunities and minority recruitment. The Superintendent may select personnel on a short-term basis for a specific project or emergency condition before the School Board's approval. No individual will be employed who has been convicted of a criminal offense listed in Section 5/21B-80(c) of the School Code.
All applicants must complete a District application form in order to be considered for employment.
The Superintendent or designee shall develop and maintain a current, comprehensive job description for each position or job category, other than the Superintendency.
The Superintendent or designee shall ensure that a fingerprint-based criminal history records check and a check of the Statewide Sex Offender Database are performed on each applicant as required by State law. The Superintendent or designee shall notify an applicant if the applicant is identified in the Database as a sex offender. The Board President will keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent, State Teacher Certification Board, or any other person necessary to the hiring decision.
Each newly hired employee must complete an Immigration and Naturalization Service Form as required by federal law.
The District retains the right to discharge any employee whose criminal background investigation reveals a conviction for committing or attempting to commit any of the offenses outlined in §10-21.9 of The School Code or who falsifies, or omits facts from, his or her employment application or other employment documents.
The Superintendent shall ensure that the District does not engage in any investigation or inquiry prohibited by law and complies with each of the following:
1. The District uses an applicant’s credit history or report from a consumer reporting agency only when a satisfactory credit history is an established bona fide occupational requirement of a particular position.
2. The District does not ask an applicant or applicant’s previous employers about claim(s) made or benefit(s) received under the Workers’ Compensation Act.
3. The District does not request of an applicant or employee access in any manner to his or her social networking website, including a request for passwords to such sites.
4. The District provides equal employment opportunities to all persons. See policy 5:10, Equal Employment Opportunity and Minority Recruitment.
New employees must furnish evidence of physical fitness to perform assigned duties and freedom from communicable disease, including tuberculosis. All physical fitness examinations and tests for tuberculosis must be performed by a physician licensed in Illinois, or any other state, to practice medicine and surgery in any of its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations. The employee must have the physical examination and tuberculin test performed no more than 90 days before submitting evidence of it to the School Board.
Any employee may be required to have an additional examination by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, if the examination is job-related and consistent with business necessity. The School Board will pay the expenses of any such examination.
Pre-Employment Drug Testing
To effectuate the goals set forth by the District in its drug-free workplace policy, the District has established a pre-employment drug-testing program. All applicants who are offered a position in the District must submit to a pre-employment drug test as a condition of employment. Drug testing shall be completed prior to starting work.
All applicants for employment shall be notified of this policy at the time the applicant applies. An applicant who is extended an offer of employment will be given directions at that time for submitting to drug testing.
The District's staff will provide an orientation program for new employees to acquaint them with the District's policies and procedures, the school's rules and regulations, and the responsibilities of their position.
Before beginning employment, each employee must sign the Acknowledgement of Mandated Reporter Status form as provided in policy 5:90, Abused and Neglected Child Reporting.
LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. § 12112, 29 C.F.R. Part 1630.
Immigration Reform and Control Act, 8 U.S.C. § 1324a et seq.
105 ILCS 5/10-20.7, 5/10-21.4, 5/10-21.9, 5/10-22.34,5/10-22.34b, 5/22-6.5, and 5/24-1 et seq.
Duldulao v. St. Mary of Nazareth Hospital, 483 N.E.2d 956 (Ill.App.1, 1985), aff’d in part and remanded 505 N.E.2d 314 (Ill., 1987).
Kaiser v. Dixon, 468 N.E.2d 822 (Ill.App.2, 1984).
Molitor v. Chicago Title & Trust Co., 59 N.E.2d 695 (Ill.App.1, 1945).
CROSS REF.: 3:50, 4:175, 5:10, 5:40, 5:90, 5:125, 5:220, 5:280
ADOPTED: October 4, 1999
REVISED: March 31, 2003; May 2004; January 26, 2006; December 22, 2016
5:35 Compliance with the Fair Labor Standards Act
The Superintendent will ensure that all job positions are identified as either “exempt” or “non-exempt” according to State law and the Fair Labor Standards Act (FLSA) and that employees are informed whether they are “exempt” or “non-exempt.” “Exempt” and “non-exempt” employee categories may include certificated and non-certificated job positions. All non-exempt employees, whether paid on a salary or hourly basis, are covered by minimum wage and overtime provisions.
Workweek and Compensation
The workweek for District employees will be 12:00 AM Sunday until 11:59 PM Saturday. Non-exempt employees will be compensated for all hours worked in a workweek including overtime. For non-exempt employees paid a salary, the salary is paid for a 40-hour workweek even if an employee is scheduled for less than 40 hours. “Overtime” is time worked in excess of 40 hours in a single workweek.
A non-exempt employee shall not work overtime without his or her supervisor’s express approval. All supervisors of non-exempt employees shall: (1) monitor overtime use on a weekly basis and report such use to the business office, (2) seek the Superintendent or designee’s written pre-approval for any long term or repeated use of overtime that can be reasonably anticipated, (3) ensure that overtime provisions of this policy and the FLSA are followed, and (4) ensure that employees are compensated for any overtime worked. An accurate and complete accounting of actual hours worked during the workweek shall be clocked by each employee and submitted to the business office. The business office will review work records of employees on a regular basis, make an assessment of overtime use, and provide the assessment to the Superintendent. In lieu of overtime compensation, non-exempt employees may receive compensatory time-off, according to Board policy 5:310, Compensatory Time-Off.
Suspension Without Pay
No exempt employee shall have his or her salary docked, such as by an unpaid suspension, if the deduction would cause a loss of the exempt status. Certificated employees may be suspended without pay in accordance with Board policy 5:240, Professional Personnel - Suspension. Non-certificated employees may be suspended without pay in accordance with Board policy 5:290, Educational Support Personnel - Employment Termination and Suspensions.
The Superintendent shall implement this policy to ensure FLSA compliance.
LEGAL REF.: 820 ILCS 105/4a
Fair Labor Standards Act, 29 U.S.C. §201 et seq., 29 C.F.R. Parts 516, 541, 548, 553, 778, and 785.
CROSS REF.: 5:240, 5:290, 5:310
ADOPTED: February 24, 2005
5:40 Communicable and Chronic Infectious Disease
The Superintendent or designee shall develop and implement procedures for managing known or suspected cases of a communicable and chronic infectious disease involving District employees that are consistent with State and federal law, Illinois Department of Public Health rules, and School Board policies.
An employee with a communicable or chronic infectious disease is encouraged to inform the Superintendent immediately and grant consent to being monitored by the District's Communicable and Chronic Infectious Disease Review Team. The Review Team, if used, provides information and recommendations to the Superintendent concerning the employee's condition of employment and necessary accommodations. The review Team shall hold the employee’s medical condition and records in strictest confidence, except to the extent allowed by law.
An employee with a communicable or chronic infectious disease will be permitted to retain his or her position whenever, after reasonable accommodations and without undue hardship, there is no substantial risk of transmission of the disease to others, provided an employee is able to continue to perform the position's essential functions. An employee with a communicable and chronic infectious disease remains subject to the Board's employment policies including sick and/or other leave, physical examinations, temporary and permanent disability, and termination.
LEGAL REF.:Americans With Disabilities Act, 42 U.S.C. § 12101 et seq.; 29 C.F.R. §1630.1 et. seq.
Rehabilitation Act of 1973, 29 U.S.C. § 791; 34 C.F.R §104.1 et. seq.
820 ILCS 40/1 et seq.
20 ILCS 2305/6.
105 ILCS 5/24-5.
Control of Communicable Diseases, 77 Ill.Admin.Code Part 690.
CROSS REF.:2:150, 5:30, 5:180
ADOPTED: October 4, 1999
REVISED: December 21, 2006
5:50 Drug- and Alcohol-Free Workplace
All District workplaces are drug- and alcohol-free workplaces. All employees are prohibited from engaging in any of the following activities while on District premises or while performing work for the District:
- Unlawful manufacture, dispensing, distribution, possession, or use of an illegal or controlled substance.
- Distribution, consumption, use, possession, or being under the influence of an alcoholic beverage; being present on District premises or while performing work for the District when alcohol consumption is detectible, regardless of when and/or where the use occurred.
- Possession or use of medical cannabis.
For purposes of this policy a controlled substance means a substance that is:
- Not legally obtainable,
- Being used in a manner different than prescribed,
- Legally obtainable, but has not been legally obtained, or
- Referenced in federal or State controlled substance acts.
As a condition of employment, each employee shall:
- Abide by the terms of the Board policy respecting a drug- and alcohol-free workplace; and
- Notify his or her supervisor of his or her conviction under any criminal drug statute for a violation occurring on the District premises or while performing work for the District, no later than 5 calendar days after such a conviction.
Unless otherwise prohibited by this policy, prescription and over-the-counter medications are not prohibited when taken in standard dosages and/or according to prescriptions from the employee’s licensed health care provider, provided that an employee’s work performance is not impaired.
To make employees aware of the dangers of drug and alcohol abuse, the Superintendent or designee shall perform each of the following:
- Provide each employee with a copy of this policy.
- Post notice of this policy in a place where other information for employees is posted.
- Make available materials from local, State, and national anti-drug and alcohol-abuse organizations.
- Enlist the aid of community and State agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees.
- Establish a drug-free awareness program to inform employees about:
a. The dangers of drug abuse in the workplace,
b. Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
c. The penalties that the District may impose upon employees for violations of this policy.
All employees are covered by the conduct prohibitions contained in policy 8:30, Visitors to and Conduct on School Property. The prohibition on the use of tobacco products and use of look-alike tobacco materials or products, applies both (1) when an employee is on school property, and (2) while an employee is performing work for the District at a school event regardless of the event’s location. Tobacco shall have the meaning provided in section 10-20.5b of the School Code.
District Action Upon Violation of Policy
If the District has reasonable suspicion that an employee has violated this policy, the Superintendent or designee may ask the employee to submit to a Breathalyzer, drug screening or other alcohol/drug testing. In such a case, the Board expects the employee to consent to and cooperate with such a request. If the employee does not consent to and cooperate with such a request, the employee may be subject to disciplinary action for insubordination.
An employee who violates this policy may be subject to disciplinary action, including termination. Alternatively, the School Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse rehabilitation program.
The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within 30 days after receiving notice of the conviction.
Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or federal agency from which the District receives contract or grant monies of the employee’s conviction within 10 days after receiving notice of the conviction.
LEGAL REF.: Americans With Disabilities Act, 42 U.S.C. §12114.
Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS130/.
Controlled Substances Act, 21 U.S.C. §812; 21 C.F.R. §1308.11-1308.15.
Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101 et seq.
Drug-Free Workplace Act, 30 ILCS 580/.
105 ILCS 5/10-20.5b.
CROSS REF.: 8:30
ADOPTED: October 4, 1999
REVISED: November 18, 2010; September 25, 2014; October 29, 2015
The Board regulates the reimbursement of all travel, meal, and lodging expenses by resolution. Money shall not be advanced or reimbursed, or purchase orders issued for: (1) the expenses of any person except the employee, (2) anyone’s personal expenses, or (3) entertainment expenses. Entertainment includes, but is not limited to, shows, amusements, theaters, circuses, sporting events, or any other place of public or private entertainment or amusement, unless the entertainment is ancillary to the purpose of the program or event. Employees must submit the appropriate itemized, signed, standardized form(s) to support any requests for expense advancements, reimbursements, or purchase orders that show the following:
1. The amount of the estimated or actual expense, with attached receipts for actual incurred expenses.
2. The name and title of the employee who is requesting the expense advancement or reimbursement. Receipts from group functions must include the names, offices, and job titles of all participants.
3. The date(s) of the official business on which the expense advancement, reimbursement, or purchase order will be or was expended.
4. The nature of the official business conducted when the expense advancement, reimbursement, or purchase order will be or was expended.
The Superintendent may advance expenses to teachers and other licensed employees for the anticipated actual and necessary expenses to be incurred while attending meetings that are related to their duties and will contribute to their professional development, provided they fall below the maximum allowed in the Board’s expense regulations.
Expense advancement requests must be submitted to the Superintendent or designee on the District’s standardized estimated expense approval form for employees. After spending expense advancements, employees must use the District’s standardized expense reimbursement form and submit to the Superintendent: (a) the itemized, signed advancement voucher that was issued, and (b) the amount of actual expenses by attaching receipts. Any portion of an expense advancement not used must be returned to the District. Expense advancements and vouchers shall be presented to the Board in its regular bill process.
Reimbursements and Purchase Orders
Expense reimbursements and purchase orders may be issued by the Superintendent or designee to employees, along with other expenses necessary for the performance of their duties, provided the expenses fall below the maximum allowed in the Board’s expense regulations.
Expense reimbursements and purchase order approvals are not guaranteed and, when possible, employees should seek pre-approval of expenses by providing an estimation of expenses on the District’s standardized estimated expense approval form for employees, except in situations when the expense is diminutive. When pre-approval is not sought, employees must seek reimbursement on the District’s standardized expense reimbursement form for employees. Expense reimbursements and purchase orders shall be presented to the Board in its regular bill process.
Use of Credit and Procurement Cards
Credit and procurement card usage is governed by policy 4:55, Use of Credit and Procurement Cards.
Exceeding the Maximum Allowable Expense Amount(s)
All requests for expense advancements, reimbursements, and purchase orders exceeding the maximum allowed in the Board’s expense regulations may only be approved when:
1. The Board’s resolution to regulate expenses allows for such approval;
2. An emergency or other extraordinary circumstance exists; and
3. 3. The request is approved by a roll call vote at an open Board meeting.
When possible, registration fees will be paid by the District in advance.
The least expensive method of travel will be used, provided that no hardship will be caused to the employee. Employees will be reimbursed for:
1. Air travel at the coach or economy class commercial airline rate. First class or business class air travel will be reimbursed only if emergency circumstances warrant. The emergency circumstances must be explained on the expense form and Board approval of the additional expense is required. Copies of airline tickets must be attached to the expense form.
2. Rail or bus travel at actual cost. Rail or bus travel costs may not exceed the cost of coach airfare. Copies of tickets must be attached to the expense form to substantiate amounts.
3. Use of personal automobiles at the standard mileage rate approved by the Internal Revenue Service for income tax purposes. The reimbursement may not exceed the cost of coach airfare. Mileage for use of personal automobiles in trips to and from transportation terminals will also be reimbursed. Toll charges and parking costs will be reimbursed.
4. Automobile rental costs when the vehicle’s use is warranted. The circumstances for such use must be explained on the expense form.
5. Taxis, airport limousines, or other local transportation costs.
Meals charged to the District should represent mid-fare selections for the hotel/meeting facility or general area.19 Tips are included with meal charges. Expense forms must explain the meal charges incurred. Alcoholic beverages will not be reimbursed.
Employees should request conference rate or mid-fare room accommodations. A single room rate will be reimbursed. Employees should pay personal expenses at checkout. If that is impossible, deductions for the charges should be made on the expense form.
Employees may seek reimbursement for other expenses incurred while attending a meeting sponsored by organizations described herein by fully describing the expenses on the expense form, attaching receipts.
LEGAL REF.: 105 ILCS 5/10-22.32.
Local Government Travel Expense Control Act, 50 ILCS 150/.
CROSS REF.: 2:125 (Board Member Compensation; Expenses), 2:240 (Board Policy Development), 4:50 (Payment Procedures), 4:55 (Use of Credit and Procurement Cards)
DATED: December 22, 2016
5:70 Religious Observance LeaveAn employee whose religion requires special observance or attendance at religious services during work hours may use the personal leave time that is available to him/her for this purpose. After the use of this time, one additional day of religious leave may be used as follows:A. For administrators and teacher’s bargaining unit members, the additional one day will be available through the use of a sick leave day on a trade-off basis.
B. For educational support personnel, the additional one day will be available on the basis of trade-off time. Specifically, the employee may chose to make up the hours lost on the job at (a) time(s) that he/she requests, with the approval of the Building Principal.In order to qualify for this additional day of religious leave, the personal leave form completed by the employee must indicate use for religious observance. Written notification, by use of the personal leave form, must be made to the Assistant Superintendent for Human Resources or designee at least five employment days prior to the requested leave day. If the employee meets the requirements of this policy, no loss in pay will result for the employee.ADOPTED: October 4, 1999
5:80 Jury DutyPlease refer to the “Current Agreement Between the School Board of Consolidated High School District No. 230 and the District No. 230 Teachers’ Association;“Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;” and the“Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals’ Association.”For employees not covered by these agreements:Employees not covers by any collective bargaining agreement will receive jury duty leave under the same terms and conditions as those employees covered by a collective bargaining agreement.LEGAL REF.:105 ILCS 5/10-20.7.ADOPTED: October 4, 1999REVISED: September 2004
5:90 Abused and Neglected Child Reporting
Any District employee who suspects or receives knowledge that a student may be an abused or neglected child or, for a student aged 18 through 21, an abused or neglected individual with a disability, shall: (1) immediately report or cause a report to be made to the Illinois Department of Children and Family Services (DCFS) on its Child Abuse Hotline 800/25-ABUSE (1800-252-2873)(within Illinois: 217/524-2606 (outside of Illinois); or 1-800-358-5117 (TTY), and (2) follow directions given by DCFS concerning filing a written report within 48 hours with the nearest DCFS field office. Any District employee who believes a student is in immediate danger of harm, shall first call 911. The employee shall also promptly notify the Superintendent or Building Principal that a report has been made. The Superintendent or Building Principal shall immediately coordinate any necessary notifications to the student’s parent(s)/guardian(s) with DCFS, the applicable school resource officer (SR0), and/or local law enforcement.
Any District employee who discovers child pornography on electronic and information technology equipment shall immediately report it to local law enforcement, the National Center for Missing and Exploited Children’s CyberTipline 800/843-5678, or online at report.cybertip.org/. or www.cybertipline.com. The Superintendent or Building Principal shall also be promptly notified of the discovery and that a report has been made.
Any District employee who observes any act of hazing that does bodily harm to a student must report that act to the Building Principal, Superintendent, or designee who will investigate and take appropriate action. If the hazing results in death or great bodily harm, the employee must first make the report to law enforcement and then to the Superintendent or Building Principal. Hazing is defined as any intentional, knowing, or reckless act directed to or required of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any group, organization, club, or athletic team whose members are or include other students.
Abused and Neglected Child Reporting Act (ANCRA), School Code, and Erin’s Law Training
The Superintendent or designee shall provide staff development opportunities for District employees in the detection, reporting, and prevention of child abuse and neglect.
All District employees shall:
- Before beginning employment, sign the Acknowledgement of Mandated Reporter Status form provided by DCFS. The Superintendent or designee shall ensure that the signed forms are retained.
- Complete mandated reporter training as required by law within one year of initial employment and at least every 5 years after that date.
The Superintendent will encourage all District educators to complete continuing professional development that addresses the traits and identifiers that may be evident in students who are victims of child sexual abuse, including recognizing and reporting child sexual abuse and providing appropriate follow-up and care for abused students as they return to the classroom setting.
Special Superintendent Responsibilities
The Superintendent shall execute the requirements in Board policy 5:150, Personnel Records, whenever another school district requests a reference concerning an applicant who is or was a District employee and was the subject of a report made by a District employee to DCFS.
The Superintendent shall notify the State Superintendent and the Regional Superintendent in writing when he or she has reasonable cause to believe that a license-holder was dismissed or resigned from the District as a result of an act that made a child an abused or neglected child.
The Superintendent must make the report within 30 days of the dismissal or resignation and mail a copy of the notification to the license-holder.
Special School Board Member Responsibilities
Each individual Board member must, if an allegation is raised to the member during an open or closed Board meeting that a student is an abused child as defined in the Act, direct or cause the Board to direct the Superintendent or other equivalent school administrator to comply with the Act’s requirements concerning the reporting of child abuse.
LEGAL REF.: 105 ILCS 5/10-21.9.
20 ILCS 1305/1-1 et seq.
20 ILCS 2435/.
325 ILCS 5/.
720 ILCS 5/12C-50.1.
CROSS REF.: 2:20, 5:20, 5:100, 5:120, 5:150, 6:120, 6:250, 7:20, 7:150
ADOPTED: October 4, 1999
REVISED: June 29, 2006; February 26, 2009; February 24, 2011; September 25, 2014;
February 25, 2016; December 2018
5:100 Staff Development Program
The Superintendent or designee shall implement a staff development program. The goal of such program shall be to update and improve the skills and knowledge of staff members in order to achieve and maintain a high level of job performance and satisfaction. Additionally, the development program for licensed staff members shall be designed to effectuate the District and School Improvement Plans so that student learning objectives meet or exceed goals established by the District and State.
At least once every two years, the in-service training of licensed school personnel and administrators shall include training on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children. Further, the staff development program shall provide, at a minimum, once every two years, the in-service training of all District staff on educator ethics, teacher-student conduct, and school employee-student conduct.
All staff members are encouraged to acquire, develop, and maintain the knowledge and skills necessary to properly administer life-saving techniques and first aid, including the Heimlich maneuver, cardiopulmonary resuscitation, and the use of an automatic external defibrillator, in accordance with a nationally-recognized certifying organization. The staff development program may include training and services of experts in life-saving techniques to instruct teachers and other school personnel.
The Superintendent shall develop protocols for administering youth suicide awareness and prevention education to staff consistent with Board Policy 7:290, Suicide and Depression Awareness and Prevention.
The Superintendent shall appoint a District advisory committee to plan District-sponsored activities. The committee may include administrative and instructional staff representatives. The Superintendent may present to the School Board an advisory committee report along with recommendations and rationale for upcoming District-sponsored development activities.
LEGAL REF.: 105 ILCS 5/2-3.62, 5/10-22.b(c-5), 5/10-22.39, 5/22-80(h), 5/10-23.12, 5/24-5,
and 25/1.15 and 110/3.
745 ILCS 49/1 et seq. (Good Samaritan Act).
7 C.F.R. Part 210
23 Ill.Admin.Code Part 525
CROSS REF.: 3:40, 3:50, 4:160, 5:90, 5:120, 5:250, 6:15, 6:20, 6:160, 7:20, 7:180, 7:185, 7:285, 7:290, 7:305
ADOPTED: May 23, 1996
REVISED: August 19, 2002; January 27, 2003; June 29, 2006; February 25, 2016
5:110 Recognition For ServiceThe School Board may periodically recognize those District employees who contribute significantly to the educational programs and welfare of the students.ADOPTED: October 4, 1999
5:120 Professional Conduct
All District employees are expected to maintain high standards in their school relationships, to demonstrate integrity and honesty, to be considerate and cooperative, and to maintain professional relationships with students, parents, staff members, and others. Any employee who sexually harasses a student or otherwise violates an employee conduct standard will be subject to discipline up to and including dismissal.
Statement of Economic Interest
The following employees must file a "Statement of Economic Interests" as required by the Illinois Governmental Ethics Act:
- Building Principal
- Administrator of any department/division
- Any employee, who, as the District’s agent, is responsible for negotiating one or more contracts, including collective bargaining agreement(s), in the amount of $1,000 or greater
- Hearing officer
- Any employee having supervisory authority for 20 or more employees
- Any employee in a position that requires an administrative or a chief school business official endorsement.
Ethics and Gift Ban
Board Policy 2:105, Ethics and Gift Ban, applies to all District employees. Students shall not be used in any manner for promoting a political candidate or issues.
Prohibited Interests, Conflict of Interest; and Limitation of Authority,
In accordance with Section 22-5 of the School Code, “no school officer or teacher shall be interested in the sale, proceeds, or profits of any book, apparatus, or furniture used or to be used in any school with which such officer or teacher may be connected,” except when the employee is the author or developer of instructional materials listed with the Illinois State Board of Education and adopted for use by the Board. An employee having an interest in instructional materials must file an annual statement with the Board Secretary.
For the purpose of acquiring profit or personal gain, no employee shall act as an agent of the District nor shall an employee act as an agent of any business in any transaction with the District. This includes participation in the selection, award or administration of a contract supported by a federal award when the employee has a real or apparent conflict of interest as defined by 2 C.F.R 200.318 © (1). Employees shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to agreements or contracts. Situation in which the interest is substantial or the gift is an unsolicited item of nominal value must comply with State law and Board policy 2:105, Ethics and Gift Ban.
Employees shall not engage in any other employment or in any private business during regular working hours or at such other times as are necessary to fulfill appropriate assigned duties.
LEGAL REF.: U.S. Constitution, First Amendment.
2 C.F.R 200.318 © (1)
5 ILCS 420/4A-101 and 430/.
50 ILCS 135/.
105 ILCS 5/10-22.39 and 5/22-5.
775 ILCS 5/5A-102.
Pickering v. Board of Township H.S. Dist. 205, 391 U.S. 563(1968).
Garcetti v. Ceballos, 547 U.S. 410 (2006).
CROSS REF.: 2:105(Ethics and Gift Ban), 4:60 (Purchases and Contracts)
ADOPTED: October 4, 1999
UPDATED: February 2009; February 24, 2011; September 24, 2015, June 29, 2017
5:125: Electronic Communication and Social Media
Electronic Communication & Social Media
Community High School District No. 230 recognizes that we live in a society that is highly focused on the use of digital communication tools and that employees use such tools for both personal and professional communications. The District recognizes that electronic communication and social media may be useful tools for staff/student communication about educational matters. Although the rise of new media and communication tools creates new opportunities for communication and collaboration, it also creates new responsibilities for District employees. The use of electronic communication and social media is acceptable for legitimate educational reasons or school business purposes, provided employees follow the guidelines/procedures for appropriate use.
The District encourages employees to utilize electronic communication and social media to communicate with students, parents and colleagues when such communication meets the following requirements: (1) the communication augments the District’s educational programs; (2) the communication is for a legitimate educational reason or school business purpose; and (3) employees utilize District equipment or the District’s network to send the communication that is appropriate as defined by policy 5:20, Workplace Harassment Prohibited; 5:100, Staff Development Program; 5:120, Ethics and Conduct; 6:235, Access to Electronic Networks; 7:20, Harassment of Students Prohibited; and the Ill. Code of Educator Ethics, 23 Ill.Admin.Code §22.20.
The District does not discourage employees from utilizing electronic communication and social media for personal communications provided that such personal communications are not made: (1) using District equipment, (2) using the District’s electronic network; and (3) while on duty.
The Superintendent or designee shall create and manage the guidelines/procedures for electronic communications and social networking.
Electronic Communication and Social Media Procedures and Guidelines
Includes - Means “includes without limitation” or “includes, but is not limited to.”
Electronic Communication – Forms of electronic communication include, but are not limited to, communication via telephone, text messaging, electronic mail, facsimile, instant messaging, web posts, and social media sites.
Personal technology - Any device that is not owned or leased by the District or otherwise authorized for District use and: (1) transmits sounds, images, text, messages, videos, or electronic information, (2) electronically records, plays, or stores information, or (3) accesses the Internet, or private communication or information networks. This includes smartphones such as BlackBerry®, android®, iPhone®, and other devices, such as, iPads® and iPods®.
Social media - Media for social interaction, using highly accessible communication techniques through the use of web-based and mobile technologies to turn communication into interactive dialogue. This includes, but is not limited to: Facebook, LinkedIn, Myspace, Twitter, Xanga, Yahoo Groups, iGoogle, Wikipedia and other wikis, and YouTube.
Web Posts - A message or text published in an online forum, including internet websites, social media sites, blogs, or newsgroups.
District-Sponsored Electronic Communications/Social Media Use
Employees have the responsibility of maintaining an appropriate employee-student relationship at all times. Employees who choose to utilize electronic communication and social media to communicate with students and parents may do so provided such communication is made as part of their official duties and for a legitimate educational reason or school business purpose. These communications must comply with the following requirements:
- Employees must use either District issued e-mail accounts or a district supported communication tool (ie-student information system, learning management system or text message software when communicating with students and parents via e-mail. When communicating with students, employees must utilize the students’ District issued email accounts. Employees may not communicate with students via direct text messaging, social media websites (not including school-sponsored websites or blogs, as discussed below) or private email.
- Employees may decide to create a social media website or platform for their class, extracurricular activity or sport. In the event an employee determines that such a social media website or platform would augment their class or program and has a legitimate educational purpose, the employee must obtain prior written approval from their Building Principal or designee by submitting the Social Media Request Form. The Social Media Request Form requires employees to: (1) identify the class or extracurricular activity; (2) identify the preferred social media platform (e.g. Twitter, Facebook, etc.); and (3) provide a narrative on the purpose of the social media website. After the Social Media Request Form is approved by the Building Principal or designee, the employee must provide the web address to the Building Principal and Director of Technology. This approval process does not apply to websites/pages created on the District’s student management system, Canvas.
- The District acknowledges that employees may have personal relationships with students and parents outside of the scope of their employment (e.g. relatives, community activities, etc.). Employees who choose to utilize their personal electronic communication and/or social media accounts to communicate with students and parents due to a personal relationship with the student/parent, shall notify their Building Principal of the relationship.
- Employees’ electronic or social media communication should not disclose to anyone information that is confidential or proprietary to the District or to any third party, including, but not limited to, information contained in student records.
- Electronic communication or social media should not contain defamatory, harassing, confidential, unlawful or otherwise inappropriate information as determined by the administration, or that contain copyrighted information (music, videos, text, etc.) without proper permission are prohibited under this policy.
- The Board or District administration may require that employees avoid certain subjects in communication or remove certain web posts on District-sponsored sites if it determines that the electronic communication, web post or social media: (1) violates applicable laws; or (2) violates the rights of students/parents or other employees or Board members.
- Any employee who does not utilize District equipment and/or the District’s electronic network to communicate with students and/or parents, it will be presumed that such communication is not for a legitimate educational reason or for a school business purpose in violation of these requirements.
- When using District technology or accessing the District electronic network, including its web server, employees are also subject to Board Policy 6:235, Acceptable Use of Technology Policy.
Personal Electronic Communications/Social Media Use
The District recognizes that some employees may maintain personal blogs, websites, and social media accounts and/or contribute posts to the blogs or websites or web pages of others and/or participate in social networking sites. The District does not discourage its employees from maintaining a private, online presence. However, as discussed above, employees are discouraged from communicating with students and parents via personal communications/social media or personal websites. Employees who participate in these personal activities must abide at all times with all legal requirements including compliance with student privacy laws.
Additionally, employees are prohibited from utilizing, posting or accessing personal email, social media sites, blogs or websites while they are on duty for the District.
Employees are encouraged to adhere to the following guidelines in their personal electronic communications or social media use:
- If an employee has a presence on social media, employees should use the highest level of privacy tools available to control access to the employee’s personal activity. However, even with these privacy settings, employees must remember that someone could hack those tools and make private posts public. In addition, social media sites can change their privacy policies and standards at any time, putting posts that users thought were private in the public domain.
- Employees should not disclose student record information including student work, photographs of students or any other personally identifiable information about students in private email communications, social media accounts, websites or web posts.
- Employees should refrain from posting defamatory, confidential, libelous, or slanderous comments about the District, its employees, students or parents. When posting information or comments related to District business or District-sponsored activity, employees should make it clear to readers that the views expressed on web posts are the employee’s and that they do not necessarily reflect the views of the District or the Board.
- Employees should refrain from posting copyrighted information.
- Unless authorized by the Superintendent or his/her designee, personal web posts shall not include the District’s logos, mascots, symbols, or other insignias.
- Employees should ensure that profiles and related content (even if the information is of a personal and not an official nature) is consistent with how the employee wishes to present as a professional, appropriate with the public trust associated with the employee’s position. District employees are representatives of the District during both working hours and non-working hours. The lines between public and private, personal and professional are blurred in online social networks.
- If a student contacts an employee via a non-District sponsored web post or social media site, the employee should not respond online. The employee could speak to the student the next school day and suggest other methods of communication – such as an email to the employee’s work address. If a student continues to contact the employee, the employee must share the information with his supervisor.
- Employees should refrain from becoming “friends” with or “fans” of students or their parents online.
The Board will not interfere with or initiate disciplinary action against an employee for personal web posts or social media use regarding matters of public concern or other protected matters, made by the employee while he or she is off-duty, without using the District’s computers or electronic network, and that are not part of the employee’s official job duties. However, in the event such web posts or social media use substantially interferes with the efficient operation of the school district or the employee’s ability to effectively perform his or her job, or otherwise violate this Policy, the Board may initiate disciplinary action against an employee up to and including termination from employment.
Violations of these guidelines are subject to disciplinary action up to and including termination.
LEGAL REF.: 105 ILCS 5/21B-75 and 5/21B-80.
Ill. Human Rights Act, 775 ILCS 5/5A-102.
Code of Ethics for Ill. Educators, 23 Ill.Admin.Code §22.20.
Garcetti v. Ceballos, 547 U.S. 410 (2006).
Pickering v. High School Dist. 205, 391 U.S. 563 (1968).
Mayer v. Monroe County Community School Corp., 474 F.3d 477 (7th Cir. 2007).
CROSS REF.: 5:20, 5:30, 5:100, 5:120, 5:130, 5:150, 5:170, 5:200, 6:235, 7:20, 7:340
DATED: March 26, 2015
REVISED: December 22, 2016, August 2018
5:130 Responsibilities Concerning Internal Information
Responsibilities Concerning Internal Information
District employees are responsible for maintaining: (1) the integrity and security of all internal information, and (2) the privacy of confidential records, including but not limited to: student school records, personnel records, and the minutes of, and material disclosed in, a closed School Board meeting. Internal information is any information, oral or recorded in electronic or paper format, maintained by the District or used by the District or its employees. The Superintendent or designee shall manage procedures for safeguarding the integrity, security, and, as appropriate, confidentiality of internal information.
LEGAL REF.: Family Educational and Privacy Rights Act, 20 U.S.C. §1232g.
Uses and Disclosures of Protected Health Information; General Rules, 45 C.F.R.
Ill. Freedom of Information Act, 5 ILCS 140/.
Local Records Act, 50 ILCS 205/.
105 ILCS 10/.
Personnel Record Review Act, 820 ILCS 40/.
CROSS REF.: 2:140, 2:250, 5:150, 7:340
ADOPTED: March 26, 2015
5:150 Personnel File RecordThe Superintendent or designee shall manage the maintenance of personnel records in accordance with State and federal law and School Board policy. Records, as determined by the Superintendent, are retained for all employment applicants, employees, and former employees given the need for the District to document employment-related decisions, evaluate program and staff effectiveness, and comply with government recordkeeping and reporting requirements. Personnel records shall be maintained in the District's administrative office, under the Assistant Superintendent for Human Resources’ direct supervision.An employee will be given access to his or her personnel records according to State Law and guidelines developed by the Superintendent and applicable collective bargaining agreements. No one else may have access to an employee’s personnel files and personal information except for: (1) a supervisor or management employee who has an employment or business-related reason to inspect the record; or (2) anyone who has the employee’s written consent.The School District will only confirm position and dates of employment when requested for information about a District employee. An employee who would like the District to release additional information about their employment must submit a written request in writing to the Superintendent or designee.LEGAL REF.: 820 ILCS 40/1 et seq.
23 Ill. Admin. Code § 1.660.CROSS REF.: 2:250, 7:340ADOPTED: October 4, 1999REVISED: November 2004; February 22, 2007
Works Made for Hire
The Superintendent shall manage the development of instructional materials and computer programs by employees during the scope of their employment in accordance with State and federal laws and School Board policies. Whenever an employee is assigned to develop instructional materials and/or computer programs, or otherwise performs such work within the scope of his or her employment, it is assured the District shall be the owner of the copyright.
While staff members may use appropriate supplementary materials, it is each staff member’s responsibility to abide by the District’s copyright compliance procedures and to obey the copyright laws. The District is not responsible for any violations of the copyright laws by its staff or students. A staff member should contact the Superintendent or designee whenever the staff member is uncertain about whether using or copying material complies with the District’s procedures or is permissible under the law, or wants assistance on when and how to obtain proper authorization. No staff member shall, without first obtaining the permission of the Superintendent or designee, install or download any program on a District-owned computer. At no time shall it be necessary for a District staff member to violate copyright laws in order to properly perform his or her duties.
Copyright Infringement; Designation of District Digital Millennium Copyright Act (DMCA) Agent
The employee listed below receives complaints about copyright infringement within the use of the District’s online services. The Superintendent or designee will register this information with the federal Copyright Office as required by federal law.
District DMCA Agent:
15100 S. 94th Ave., Orland Park, Illinois 60462
LEGAL REF.: Federal Copyright Law of 1976, 17 U.S.C. §101 et seq. 105 ILCS 5/10-23.10.
CROSS REF.: 6:235 (Access to Electronic Networks)
ADOPTED: October 4, 1999
REVISED: January 25, 2007; July 1, 2011; May 26, 2016
5:180 Temporary Illness or Temporary IncapacityA temporary illness or temporary incapacity is an illness or other capacity of ill-being that renders an employee physically or mentally unable to perform assigned duties. During such a period, the employee can use accumulated sick leave benefits. 2 However, income received from other sources (worker’s compensation, District-paid insurance programs, etc.) will be deducted from the District’s compensation liability to the employee. The School Board’s intent is that in no case will the employee, who is temporarily disabled, receive more than 100 percent of their gross salary.Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy.If illness, incapacity, or any other condition causes an employee to be absent in one school year, after exhaustion of all available leave, for more than 90 consecutive work days, such absence may be considered a permanent disability and the Board may consider beginning dismissal proceedings subject to State 3 and federal law, including the Americans with Disabilities Act. The Superintendent may recommend this paragraph’s use when circumstances strongly suggest that the employee returned to work intermittently in order to avoid this paragraph’s application.Any employee may be required to have an examination, at the District’s expense, by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervisor to perform health examinations if the examination is job-related and consistent with business necessity.
LEGAL REF.: Americans with Disabilities Act, 42 U.S.C. §12102.
105 ILCS 5/10-22.4, 5/24-12, and 5/24-13.
Elder v. School Dist. No.127 1/2, 208 N.E.2d 423 (Ill.App. 1st Dist., 1965).
School District No. 151 v. ISBE, 507 N.E.2d 134 (Ill. App. 1st Dist., 1987).CROSS REF.: 5:30, 5:185, 5:250, 5:330ADOPTED: September 30, 2004REVISED: January 26, 2006, September 24, 2009
5:182 Workers' Compensation ProgramAll District 230 employees are covered under the provisions of the workers’ compensation laws of Illinois. The law covers an employee’s reasonable and necessary medical expenses and provides the employee with weekly income for lost time from work due to an accident or an illness deemed compensable under the Illinois workers’ compensation laws. It is strongly encouraged that an employee report any accident or injury that occurs during the work day, even if no medical attention is required, to the employee’s supervisor within 24 hours of occurrence or as soon as practicable. An employee’s failure to report an accident may jeopardize his/her workers’ compensation benefits, especially in the event that symptoms do not appear for an extended period of time.BenefitsTo be considered a workers’ compensation case (compensable), the injury or illness must be work-related, meaning that it arises from and occurs in the course of employment. Medical expenses related to the treatment of a work-related injury or illness (including doctor, hospital, surgical, physical therapy, prescription medication, medical equipment, and any out-of-pocket expenses) are covered when authorized by the District’s Workers’ Compensation provider. Workers’ Compensation also pays for wages lost as a result of an employee injury or illness, provided that the absence from work is related to a work injury or illness and is authorized by the District’s Workers’ Compensation provider. The employee must be out of work for three days (excluding the day of the injury) before workers’ compensation pays for work time lost. Workers’ Compensation disability payments are approximately 66 2/3% of an employee’s average weekly wages and are non-taxable income.ProcessAll injuries to employees should be documented and reported no matter how minor they may initially appear. An employee should report all injuries and accidents to his/her supervisor within 24 hours after the injury occurs or as soon as practicable. If the supervisor is not present at the time of the injury, the employee should contact an available building level administrator. An employee should also complete all paperwork within 24 hours of the injury or as soon as practicable to ensure the best recall of facts. If emergency aid is needed, the employee should seek assistance from the school nurse or main office administrative staff. The nurse is responsible for providing assistance to the injured or ill worker, and will contact Human Resources for further emergency medical treatment authorization, if necessary. If the injury is critical, the supervisor or the nurse will contact appropriate emergency responders and request immediate medical assistance.Return to WorkAn employee on workers’ compensation is responsible for keeping his/her supervisor and Human Resources informed of his/her work status. All disability documentation from the treating physician noting the employee’s dates absent from work and the diagnosis of the injury or illness must be provided to the supervisor and Human Resources immediately. If this documentation is not provided, the employee’s workers’ compensation benefits will be suspended.The employee is required to provide a Permit to Return to Work prior to returning to work. Modified or light duty may be provided for an employee who can return to work but must temporarily alter his/her tasks. An employee is required to follow his/her doctor’s treatment plan and must not exceed any limitations that are imposed. Modified duty is handled on a case-by-case basis on the recommendation of the treating physician. An employee on modified or restricted duty is not eligible for paid overtime work.When an employee is fully able to return to work, written clearance from the treating physician documenting that the employee is fully capable of performing the regular job duties must be provided to the supervisor and Human Resources.InvestigationsWorkers’ compensation claims are subject to investigation by the District and the District Workers’ Compensation provider. It is essential that the employee cooperate fully with the District and the District Workers’ Compensation provider to ensure effective and timely management of employee claims. Insurance law allows for the prosecution of those who have knowingly falsified information relating to a workers’ compensation claim.
LEGAL REF: 820 ILCS 305/1 et seq.ADOPTED: September 24, 2009
5:185 Family and Medical Leave
Employees who are members of the Teachers’ Association should also refer to the Collective Bargaining Agreement between the Board of Education and the Teachers’ Association.
Employees who are members of the Educational Support Professionals’ Association should also refer to the Collective Bargaining Agreement between the Board of Education and the Educational Support Professionals’ Association.
Employees who are members of the Food Service Employees International Union, Local No. 73 should also refer to the Collective Bargaining Agreement between the Board of Education and the Food Service Employees International Union, Local No. 73.
A. An eligible employee may use unpaid family and medical leave (FMLA leave), guaranteed by the federal Family and Medical Leave Act, for up to a combined total of 12 work weeks (60 days) during any 12-month period for any one, or more, of the reasons numbered 1 through 5 below. The 12-month period for purposes of calculating FMLA leave shall be July 1 through June 30.
B. FMLA leave is available in one or more of the following instances:
1. The birth of the employee’s son or daughter, and to care for the newborn child during the 12-month period beginning on the date of the birth.
2. The adoption or foster placement of a son or daughter, including absences from work that are necessary for the adoption or foster care to proceed. Such leave expires at the end of the 12-month period beginning on the placement date.
3. The serious health condition of an employee’s spouse, son, daughter, or parent.
4. The employee’s own serious health condition that makes the employee unable to perform the functions of his or her job.
5. The existence of a qualifying exigency arising out of the fact the employee’s spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty, as provided in federal rules).
6. To care for the employee’s spouse, child, parent, or next of kin who is a covered service member with a serious injury or illness, as provided by federal rules.
If spouses are employed by the District and both are eligible for FMLA leave, they may together take only 12 work weeks for FMLA leaves when the reason for the leave is 1 or 2, above, or to care for a parent with a serious health condition.
C. During a “single 12-month period”, an eligible employee’s FMLA leave entitlement may be extended to a combined total of 26 work weeks of unpaid leave to care for a covered service member (defined herein) with a serious injury or illness. The “single 12-month period” is measured forward from the date the employee’s first FMLA leave to care for the covered service member begins. This extended FMLA leave is available to care for the employee’s spouse, son, daughter, parent, or next of kin who is a covered service member with a serious injury or illness. A “covered service member” is a veteran or current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness as defined by the FMLA regulations. If spouses are employed by the District and both are eligible for FMLA leave, they may together take only a combined total of 26 work weeks of FMLA leave.
D. Any leave, whether paid or unpaid, taken for an FMLA-qualifying reason, shall be deducted from the employee’s total FMLA leave entitlement. While FMLA leave is normally unpaid, the District will substitute an employee’s paid leave for unpaid FMLA leave when the reason for the FMLA leave also qualifies for use of paid leave benefits, subject to any applicable collective bargaining agreement. All policies and rules regarding the use of paid leave apply when paid leave is substituted for unpaid FMLA leave. Any substitution of paid leave for unpaid FMLA leave will count against the employee’s FMLA leave entitlement. Use of FMLA leave shall not preclude the use of other applicable unpaid leave that will extend the employee’s leave beyond 12 work weeks, provided that the use of FMLA leave shall not serve to extend such other unpaid leave. Any full workweek period during which the employee would not have been required to work, including summer break, winter break and spring break, is not counted against the employee’s FMLA leave entitlement.
E. An employee may be permitted to work on an intermittent or reduced-leave schedule in accordance with FMLA regulations and any applicable collective bargaining agreement.
To be eligible for FMLA leave, an employee must:
1. Be employed at a worksite where at least 50 employees are employed within 75 miles.
2. Have been employed by the District for at least 12 months, and
3. Have been employed for at least 1,250 hours of service during the 12-month period immediately before the beginning of the leave, unless the employee is a full-time classroom teacher. A full-time classroom teacher is presumed to have worked at least 1,250 hours during the 12-month period immediately before the beginning of leave unless the District can clearly demonstrate otherwise.
The 12 months an employee must have been employed by the District need not be consecutive. However, the District will not consider any period of previous employment that occurred more than seven years before the date of the most recent hiring, except when the service break is due to fulfillment of a covered service obligation under the employee’s Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301, et seq., or when a written agreement exists concerning the District’s intention to rehire the employee.
If the need for the FMLA leave is foreseeable, an employee must provide the Superintendent or designee with at least 30 days’ advance notice before the leave is to begin. If 30 days’ advance notice is not practicable, the notice must be given as soon as practicable. The employee shall consult with the Superintendent or designee and make a reasonable effort to schedule a planned medical treatment so as not to disrupt the District’s operations, subject to the approval of the health care provider administering the treatment. The employee shall provide at least verbal notice sufficient to make the Superintendent or designee aware that he or she needs FMLA leave, and the anticipated timing and duration of the leave. When the approximate timing of the need for leave is not foreseeable, the employee must provide notice to the Superintendent or designee as soon as practicable under the facts and circumstances of the particular case. Failure to give the required notice for a foreseeable leave may result in a delay in granting the requested leave until at least 30 days after the date the employee provides notice.
Within 15 calendar days after the Superintendent or designee makes a request for certification for an FMLA leave, an employee must provide one of the following, unless it is not practicable to do so under the particular circumstances despite the employee’s diligent good faith efforts:
1. When the leave is to care for the employee’s covered family member with a serious health condition, the employee must provide a complete and sufficient certificate signed by the family member’s health care provider.
2. When the leave is due to the employee’s own serious health condition that makes him unable to perform one or more of the essential functions of the job, the employee must provide a complete and sufficient certificate signed by the employee’s health care provider.
3. When the leave is to care for a covered service member with a serious illness or injury, the employee must provide a complete and sufficient certificate signed by an authorized health care provider of the covered service member.
4. When the leave is because of a qualified exigency, the employee must provide (a) a copy of the covered service member’s active duty orders, other documentation issued by the military, or other documentation prescribed by the Secretary of the United States Department of Labor indicating that the covered service member is on active duty or has received notification of an impending call or order to covered active duty and the dates of the covered service member’s covered active duty service, and (b) a statement or description signed by the employee, of appropriate facts regarding the qualifying exigency for which FMLA leave is requested.
The District may require an employee to obtain a second medical opinion at its expense when it has reason to doubt the validity of a medical certification provided pursuant to items 1 and 2 above. Where the first and second medical opinions differ, the District may require the employee to obtain certification from a third health care provider at the District’s expense. The third opinion shall be final and binding. Failure to furnish a complete and sufficient certification on forms provided by the District may result in a denial of the leave request.
Where medical certification is provided pursuant to items 1 and 2 above, the District may require recertification in connection with an absence no more often than once every 30 days. Further, where the medical certification states a minimum duration of the condition that is more than 30 days, the District may not request a recertification until after the minimum duration expires. In all cases, whether for intermittent or continuous leave, the District may request a recertification of a medical condition every six months in connection with an absence by an employee.
Notwithstanding the foregoing, the District may request recertification in less than 30 days when (1) the employee requests a leave extension, (2) the circumstances described by the original certification change significantly, or (3) the District receives information that casts doubt upon the employee’s stated reason for the absence or the continuing validity of the original certification. Recertification is at the employee’s expense and must be provided to the District within 15 calendar days after the request, unless it is not practicable under the particular circumstances to do so despite the employee’s diligent, good faith efforts.
Failure to furnish a complete and sufficient recertification on forms provided by the District may result in a denial of continuation of the FMLA leave protections until the employee produces a sufficient recertification.
Continuation of Health Benefits
During FMLA leave, employees are entitled to continuation of health benefits under the same conditions as would have been provided if they were working. Any share of health plan premiums being paid by the employee before taking the leave, must continue to be paid by the employee during the FMLA leave. Unless otherwise agreed to in writing, the District’s obligation to maintain health insurance coverage ceases if an employee’s premium payment is more than 30 days late and the District notifies the employee in writing that his/her payment has not been received and that his/her coverage will cease on a specified date unless payment has been received by then. The date that coverage will cease must be at least 15 days after the date of the letter. If the employee does not return to work after an unpaid FMLA leave, the employee shall repay the cost of the premiums paid by the Board unless the employee’s failure to return is due to (1) the continuation, recurrence, or onset of a serious health condition of the employee or the employee’s family member, or a serious injury or illness of a covered service member which would otherwise entitle the employee to FMLA leave, or (2) other circumstances beyond the employee’s control.
Changed Circumstances and Intent to Return
An employee must provide the Superintendent or designee reasonable notice of changed circumstances (i.e., within two business days if the changed circumstances are foreseeable) that will alter the duration of the FMLA leave. The Superintendent or designee, taking into consideration all of the relevant facts and circumstances related to an individual’s leave situation, may periodically ask an employee who has been on FMLA leave whether he or she intends to return to work.
Return to Work
If returning from FMLA leave occasioned by the employee’s own serious health condition, the employee is required to obtain and present certification from the employee’s health care provider that he or she is able to resume work.
An employee returning from FMLA leave is entitled to the same position the employee held when the leave began or to an equivalent position with equivalent benefits, pay and other terms and conditions of employment, subject to: (1) permissible limitations the District may impose as provided in the FMLA or implementing regulations, and (2) the District’s policies and practices, and any collective bargaining agreement, if applicable.
In some circumstances, as set forth in the FMLA regulations, an instructional employee who takes leave on an intermittent or reduced leave schedule may be transferred temporarily to an available alternative position for which he/she is qualified, or, in the case of leave taken near the end of an academic term, the employee may be required by the Board to continue taking leave until the end of the academic term.
The Superintendent or designee shall ensure that: (1) all required notices and responses to leave requests are provided to employees in accordance with the FMLA; and (2) this policy is implemented in accordance with the FMLA. In the event of a conflict between the policy and the FMLA or its regulations, the latter shall control. The terms used in this policy shall be defined as in the FMLA regulations.
LEGAL REF.: Family and Medical Leave Act, 29 U.S.C. §2601 et seq., 29 C.F.R. Part 825.
CROSS REF.: 5:180, 5:250, 5:310, 5:330
ADOPTED: April 28, 2011
REVISED: February 26, 2015; December 22, 2016
5:190 Teacher Qualifications
A teacher, as the term is used in this policy, refers to a District employee who is required to be certified under State law. The following qualifications apply:
1. Each teacher must:
(A)Have a valid Illinois certificate that legally qualifies the teacher for the duties for which the teacher is employed.
(B)Provide the Districtoffice with proof of certification application by the end of the first week of school, each school year.
(C)Provide the Districtoffice with a complete transcript of credits earned in institutions of higher education and, annually by July 1, provide the Districtoffice with a transcript of any credits earned since the date the last transcript was filed.
(D)Notify the Superintendent of any change in the teacher’s transcript.
2. All teachers working in a program supported with federal funds under Title I, Part A, must meet applicable State certification and licensure requirements.
The Superintendentor designee shall:
1. Monitor compliance with State and federal law requirements that teachers be appropriately licensed.
2. Through incentives for voluntary transfers, professional development, recruiting programs, or other effective strategies, ensure that minority students and students from low-income families are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; and
3. Ensure parents/guardians of students in schools receiving Title I money are notified of their right to request their students’ classroom teachers’ professional qualifications.
LEGAL REF.: 20 U.S.C. § 6312(e)(1)(A)
105 ILCS 5/10-20.15, 5/21-11.4, 5/21B-15, 5/21B-20, 5/21B-25, and 5/24-23.
23 Ill. Admin. Code § 1.620 and Part 25.
“Illinois Criteria for Meeting the NCLB Requirements for Highly Qualified Teachers,” adopted by ISBE 6-17-03.
CROSS REF. 6:170
ADOPTED: October 4, 1999
REVISED: September 9, 2002; October 30, 2003; June 24, 2004; December 22, 2016
5:200 Working Conditions
Per Diem Rate of Pay, Teacher’s Day, Salary, Teacher Assignments, Evaluation, Staff Cutbacks, Overload Assignments, Miscellaneous Assignments
Please refer to the “Current Agreement Between the School Board of Consolidated High School District No. 230 and the District No. 230 Teachers’ Association.”
Teachers employed for at least 4 hours per day shall receive a duty-free lunch equivalent to the student lunch period, or 30 minutes, whichever is longer.
School Year and Day
Teachers shall work accordingly to the school calendar adopted by the School Board, which shall have a minimum of 176 student attendance days and a minimum of 180 teacher work days, including teacher institute days. The District accommodates employees who are nursing mothers according to provisions in the Nursing Mothers in the Workplace Act. P.A. 92-0068.
LEGAL REF.: P.A. 92-0068 (Nursing Mothers in the Workplace Act)
105 ILCS 5/10-19, 5/18-8, 5/24-2, 5/24-8, 5/24-9, 5/24-21, 5/24A-4 and 5/24A-5.
Metzl v. Leininger, 57 F.3d 618 (7th Cir. 1995).
CROSS REF.: 4.100, 5.290
ADOPTED: October 4, 1999REVISED: August 19, 2002; March 2017 (formatting revision only)
5:210 Resignations and RetirementTenured teachers may resign at any time with consent of the Board of Education or by written notice sent to the Board of Education Secretary at least 30 days before the intended date of resignation. No teacher may resign during the school term in order to accept another teaching position without the consent of the Board of Education.Probationary teachers may resign during their contract period only with the Board of Education's consent.LEGAL REF.: 105 ILCS 5/24-14.ADOPTED: October 4, 1999
5:220 Substitute Teachers
The Superintendent may employ substitute teachers as necessary to replace teachers who are temporarily absent.
A substitute teacher must hold either a valid teaching or substitute certificate license and may teach in the place of a certified licensed teacher who is under contract with the Board. There is no limit on the number of days that a substitute teacher may teach in the District during the school year .However there is a limit on the number of days that a substitute teacher may teach for any one certified teacher under contract with the District in the same school year. The following limitations apply, except as follows:
- A substitute teacher holding a substitute license may teach for any one licensed teacher under contract with the District only for a period not to exceed 90 school days.
- A teacher holding a Professional Educator License or Educator License with Stipulations may teach for any one licensed teacher under contract with the District only for a period not to exceed 120 school days.
The Illinois Teachers’ Retirement System (TRS) limits a substitute teacher who is a TRS annuitant to substitute teaching for a period not to exceed 100 paid days or 500 paid hours in any school year, unless the subject area is one where the Regional Superintendent has certified that a personnel shortage exists.
The School Board establishes a daily rate of pay for substitute teachers. Substitute teachers receive only monetary compensation for time worked and no other benefits.
A substitute teacher may teach when no licensed teacher is under contract with the Board if the District has an emergency situation as defined in State law. During an emergency situation, a substitute teacher is limited to 30 calendar days of employment per each vacant position. The Superintendent will shall notify the appropriate Regional Office of Education within 5 business days after the employment of a substitute teacher in an emergency situation.
LEGAL REF.: 105 ILCS 5/21-9, 5/ 21B-20(3),) and 24-5.
23 Ill.Admin.Code §1.790 25.520.
CROSS REF.: 5:30
ADOPTED: August 19, 2002
REVISED: February 2005; November 19, 2009; February 24, 2011; October 2013; March
5:230 Maintaining Student Discipline
Maintaining an orderly learning environment is an essential part of each teacher's instructional responsibilities. A teacher's ability to foster appropriate student behavior is an important factor in the teacher's educational effectiveness. The Superintendent shall ensure that all teachers, other certificated employees, and persons providing a student’s related service (s): (1) maintain discipline in all the schools as required in the School Code, and (2) follow the School Board policies and administrative procedures on the student conduct, behavior and discipline.
When a student's behavior is unacceptable, the teacher should first discuss the matter with the student if appropriate If the unacceptable behavior continues, the teacher should consult with the Building Principal or designee and/or discuss the problem with the parent(s)/guardian(s). A teacher may remove any student from the learning setting whose behavior interferes with the lessons or participation of fellow students; a student's removal must be in accordance with Board policy and administrative procedures.
Teachers shall not use disciplinary methods which may be damaging to students, such as ridicule, sarcasm, or excessive temper displays. Corporal punishment (including slapping, paddling, choking, or prolonged maintenance of a student in physically painful positions, and intentional infliction of bodily harm) may not be used. Teachers may use reasonable force as needed to keep students, school personnel, and others safe, or for self-defense or defense of property.
LEGAL REF.: 105 ILCS 5/24-24.
CROSS REF.: 7:190
ADOPTED: October 4, 1999
REVISED: June 2017
5:240 SuspensionThe School Board is itself authorized and authorizes the Superintendent or designee to suspend a professional employee with pay during an investigation into allegations of misconduct whenever the employee's continued presence in his or her position would not be in the School District's best interest, or for misconduct that is detrimental to the School District.The School Board further is itself authorized and authorizes the Superintendent to suspend a professional employee without pay for up to 10 employment days for misconduct that is detrimental to the School District. Teachers and non-exempt employees may be suspended without pay for any period of time up to 10 employment days. Other exempt employees may only be suspended without pay in increments of regularly scheduled workweeks. No employee shall be suspended for more than 30 days of employment without pay during any school year.Misconduct includes, but is not limited to, unprofessional actions, conduct, or judgment; any failure to follow any oral or written directive, order, or policy of the School Board, or of any supervisor; or any act or failure to act that constitutes a violation or an attempt to violate any law or local ordinance which relates to the employee’s duties.The Superintendent is authorized to establish rules and regulations to implement this policy.
LEGAL REF.: 105 ILCS 5/24-12.
Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487 (1985).
Barszcz v. Community College District 504, 400 F.Supp. 675 (N.D. Ill., 1975).
Massie v. East St. Louis School District 189, 561 N.E.2d 246 (Ill.App.5, 1990).CROSS REF.: 5:290ADOPTED: October 4, 1999REVISED: March 25, 2004
5:250 Leaves of Absence
Leaves of Absence
Sick and Bereavement Leave, Professional Leave/Travel, Personal Leave, Maternity/Parental Leave, Overseas Teaching Leave, Exchange Teaching Leave, Educational Leave, Personal Illness Leave, Jury Duty, and Policies Governing Leaves that are Granted for One Semester or Longer, Leaves of Absence Without Pay.
Please refer to the “Current Agreement Between the School Board of Consolidated High School District 230 and The District No. 230 Teachers’ Association.”
The School Board may require a physician’s certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, or if the treatment is by prayer or spiritual means, that of a spiritual adviser or practitioner of such person’s faith, as a condition for paying sick leave after 3 days’ absence for personal illness, or as it deems necessary in other cases.
Child Bereavement Leave
State law allows a maximum of 10 unpaid work days for eligible employees (Family and Medical Leave Act of 1993, 20 U.S.C. §2601 et seq.) to take child bereavement leave. The purpose, requirements, scheduling, and all other terms of the leave are governed by the Child Bereavement Leave Act. Child bereavement leave allows for: (1) attendance by the bereaved staff member at the funeral or alternative to a funeral of his or her child, (2) making arrangements necessitated by the death of the staff member’s child, or (3) grieving the death of the staff member’s child, without any adverse employment action.
The leave must be completed within 60 days after the date on which the employee received notice of the death of his or her child. However, in the event of the death of more than one child in a 12-month period, an employee is entitled to up to a total of six weeks of bereavement leave during the 12-month period, subject to certain restrictions under State and federal law. Other existing forms of leave may be substituted for the leave provided in the Child Bereavement Leave Act. This policy does not create any right for an employee to take child bereavement leave that is inconsistent with the Child Bereavement Leave Act.
Leave to Serve as an Election Judge
Any staff member who was appointed to serve as an election judge under State Law may, after giving at least 20-days’ written notice to the District, be absent without pay for the purpose of serving as an election judge. The staff member is not required to use any form of paid leave to serve as an election judge. No more than 10% of the District’s employees may be absent to serve as election judges on the same Election Day.
Leaves for Service in the Military
Leaves for service in the U.S. Armed Services or any of its reserve components and the National Guard, as well as re-employment rights, will be granted in accordance with State and federal law. A professional staff member hired to replace one in military service does not acquire tenure.
Leaves for service in the General Assembly, as well as re-employment rights, will be granted in accordance with State and Federal law. A professional staff member hired to replace one in the General Assembly does not acquire tenure.
Leave for Employment in Department of Defense
The School Board may grant teachers a leave of absence to accept employment in a Department of Defense overseas school.
School Visitation Leave
An eligible professional staff member is entitled to 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the teacher’s child, if the conference or activity cannot be scheduled during non-work hours. Professional staff members must first use all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the professional staff member, except sick and disability leave.
The Superintendent shall develop administrative procedures implementing this policy consistent with the School Visitation Rights Act.
Leaves for Victims of Domestic or Sexual Violence
Any professional staff member may take an unpaid leave from work who: (1) is a victim of domestic or sexual violence, or (2) has a family, or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it related to the domestic or sexual violence. The unpaid leave allows the employee to seek medical help, legal assistance, counseling, safety planning, and other assistance without suffering adverse employment action.
The Victims’ Economic Security and Safety Act governs the purpose, requirements, scheduling, and continuity of benefits, and all other terms of the leave. Accordingly, an employee is entitled to a total of 12 workweeks of leave during any 12-month period. Neither the law nor this policy creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the Federal Family and Medical Leave Act of 1993 (29 U.S.C. § 2601, et seq.).
Upon request, the School Board will grant: (1) an unpaid leave of absence to a teacher who is elected to serve as an officer of a State or National teacher organization that represents teachers in collective bargaining negotiations, (2) 20 days of paid leave of absence per year to a trustee of the Teachers’ Retirement System to attend meetings and seminars as described in 105 ILCS 5/24-6.3, and (3) a paid leave of absence for the local association president of a State teacher association that is an exclusive bargaining agent in the District, or his or her designee, to attend meetings, workshops, or seminars as described in 105 ILCS 5/24-6.2.
LEGAL REF.: 10 ILCS 5/13-2.5
20 ILCS 1805/30.1 et seq.
820 ILCS 154/.
105 ILCS 5/24-6, 5/24-6.1, 5/24-6.2, 5/24-6.3, 5/24-13, and 5/24-13.1.
820 ILCS 147/1 et seq. and 180/1 et seq.
CROSS REF.: 5:180, 5:185, 5:330
ADOPTED: October 4, 1999
REVISED: January 27, 2003; March 25, 2004; January 26, 2006; February 26, 2015; December 22, 2016
5:260 Student Teachers
The Superintendent is authorized to accept students from university-approved teacher-training programs to do student teaching in the District. No individual who has been convicted of a criminal offense that would subject him or her to license suspension or revocation pursuant to Section 5/21B-80 of the School Code2 or who has been found to be the perpetrator of sexual or physical abuse of a minor under 18 years of age pursuant to proceedings under Article II of the Juvenile Court Act of 1987 is permitted to student teach.
Before permitting an individual to student teach or participate in any field experience in the District, the Superintendent or designee shall ensure that:
- The District performed a 105 ILCS 5/10-21.9(g) Check as described below; and
- The individual furnished evidence of physical fitness to perform assigned duties and freedom from communicable disease pursuant to 105 ILCS 5/24-5.
A 105 ILCS 5/21.9(g) Check shall include:
- Fingerprint-based checks through (a) the Illinois State Police (ISP) for criminal history records information (CHRI) pursuant to the Uniform Conviction Information Act (20 ILCS 2635/1), and (b) the FBI national crime information databases pursuant to the Adam Walsh Child Protection and Safety Act (P.L. 109-248);
- A check of the Illinois Sex Offender Registry (see the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.); and
- A check of the Illinois Murderer and Violent Offender Against Youth Registry (Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105,).
Each student teacher must provide written authorization for, and pay the costs of, his or her criminal history records check (including any applicable vendor’s fees), and the Superintendent or designee will provide each student teacher with a copy of his or her report.
The Superintendent or designee shall be responsible for coordinating placements of all student teachers within the District. Student teachers should be assigned to supervising teachers whose qualifications are acceptable to the District and the students’ respective colleges or universities.
LEGAL REF.: Adam Walsh Child Protection and Safety Act, P.L. 109-248.
Uniform Conviction Information Act, 20 ILCS 2635/1.
105 ILCS 5/21.9, 5/10-22.34, and 5/24-5.
CROSS REF.: 5:190; 4:175
ADOPTED: October 4, 1999
REVISED: February 2005; April 28, 2011; December 18, 2014; December 22, 2016
Educational Support Personnel
5:270 Employment At-Will, Compensation, and Assignment
Please refer to the “Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;” and the “Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals’ Association.”
For employees not covered by these agreements:
District employment is at-will, meaning that employment may be terminated by the District or employee at any time for any reason, except that dismissal for reduction in force requires written notice at least 30 days prior to the date of termination. Educational support personnel are granted seniority and recall rights within their respective categories of position. Nothing in Board of Education policy is intended or should be construed as altering the employment at-will relationship.
Compensation, Promotions, Transfers, and Lateral Moves
Please refer to the “Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;” and the
“Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals’ Association.”
For employees not covered by this agreement:
The School Board will determine salary and wages for educational support personnel. Increments are dependent on evidence of continuing satisfactory performance. An employee covered by the overtime provisions in the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. works overtime whenever the employee works more than 40 hours during a single workweek. Overtime will not be allowed without prior authorization from the employee’s immediate supervisor. Educational support personnel are paid semi-monthly. The Superintendent is authorized to make assignments and transfers of educational support personnel.
Please refer to the “Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;” and the
“Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals’ Association.”
For employees not covered by these agreements:
Seniority shall be the length of continuing service with the District.
LEGAL REF.: Fair Labor Standards Act, 29 U.S.C § 302 et seq.
105 ILCS 5/10-22.34 and 5/10-23.5.
Molitor v. Chicago Title & Trust Co., 59 N.E. 2d 695 (Ill. App. 1 Dist. 1945).
CROSS REF.: 5:10, 5:35, 5:290, 5:310
ADOPTED: October 4, 1999
REVISED: September 9, 2002; September 2004; October 29, 2015
5:280 Duties and Qualifications
All support staff: (1) must meet qualifications specified in job descriptions, (2) must be able to perform the essential tasks listed and/or assigned, and (3) are subject to Board policies as they may be changed from time-to-time at the Board’s sole discretion.
Paraprofessionals and Teacher Aides
“Paraprofessionals” and “teacher aides” are non-certificated personnel with instructional duties; the terms are synonymous. Service as a paraprofessional or teacher aide requires a “statement of approval” issued by the Illinois State Board of Education (ISBE). A paraprofessional or teacher aide first employed in a program for students with disabilities on or before June 30, 2005, shall be subject to this requirement as of July 1, 2007.
A paraprofessional or teacher aide in a targeted assistance program that is paid with federal funds under Title I, Part A, or in a school-wide program that is supported with such funds, shall hold a “statement of approval,” issued by the ISBE, for this purpose.
Individuals with only non-instructional duties (e.g., providing technical support for computers, providing personal care services, or performing clerical duties) are not paraprofessionals or teacher aides and the requirements in this section do not apply. In addition, individuals who are completing their clinical experiences and/or student teaching do not need to comply with this section, provided they otherwise qualify for instructional duties under ISBE rules.
Non-certificated and Unlicensed Personnel Working with Students Performing Non-Instructional Duties
Non-certificated and Unlicensed personnel, including paraprofessionals and teacher aides, may be used:
1. for supervising study halls, long-distance teaching reception areas used incident to instructional programs transmitted by electronic media (e.g., computers, video, and audio), detention and discipline areas, and school-sponsored extracurricular activities;
2. as supervisors, chaperones, or sponsors for non-academic school activities; or
3. for non-teaching duties not requiring instructional judgment or student evaluation.
Nothing in this policy prevents a non-certificated person from serving as a guest lecturer or resource person under a certificated teacher’s direction and with the administration’s approval.
Coaches and Athletic Trainers
Athletic coaches and trainers shall have the qualifications required by the Illinois High School Association. All coaches must successfully complete a District-approved coach training program. This program shall include an annual orientation on Board policies, coaching principles, and sport first aide. The Superintendent or designee shall ensure that all coaches have completed appropriate training programs. Anyone performing athletic training services shall be licensed under the Illinois Athletic Trainers Practice Act, be an athletic trainer aide performing care activities under the onsite supervision of a licensed athletic trainer, or otherwise be qualified to perform athletic trainer activities under State law.
All school bus drivers must have a valid school bus driver permit. New bus drivers and bus drivers who are returning from a lapse in their employment are subject to the requirements contained in Board policy 5.30, Hiring Process and Criteria and Board policy 5.285, Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers.
LEGAL REF.: 34 C.F.R. §§ 200.58 and 200.59.
105 ILCS 5/10-22.34, 5/10-22.34a, and 5/10-22.34b.
625 ILCS 5/6-104 and 5/6-106.1.
23 Ill. Adm. Code Subpart G: The Utilization of Teacher Aides and Other Noncertified Personnel.
CROSS REF.: 4:110, 4:170, 5:30, 5:285, 6:250
ADOPTED: October 4, 1999
REVISED: August 19, 2002; October 30, 2003; January 27, 2005; December 22, 2016 (legal reference update only)
5:285 Drug and Alcohol Testing For School Bus and Commercial Vehicle Drivers
The District shall adhere to federal law and regulations requiring a drug and alcohol testing program for school bus and commercial vehicle drivers.
This program shall comply with the requirements of federal and state law and applicable agency rules and regulations. The Superintendent or designee shall adopt and enact regulations consistent with the State and federal regulations, defining the circumstances and procedures for the testing.
This policy shall not be implemented, and no administrative procedures will be needed, until it is reasonably foreseeable that the District will hire staff for a position(s) requiring a commercial driver’s license.
LEGAL REF.: 49 U.S.C. § 2717, Alcohol and Controlled Substances Testing (Omnibus Transportation Employee Testing Act of 1991).
49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs), 382 (Controlled Substance and Alcohol Use and Testing), and 395 (Hours of Service of Drivers).
CROSS REF.: 4:110, 5:30, 5:280, 5:285-AP
ADOPTED: October 4, 1999
REVISED: March 2017
5:290 Employment Termination and Suspensions
Employees should provide 2 weeks’ resignation notice except when the best interests of the District require otherwise. A resignation notice cannot be revoked once accepted or otherwise acted upon (such as, a new employee was hired).
An employee planning to retire should notify his or her supervisor at least 2 months before the retirement date. A copy of the notification should be given to the Superintendent.
The District may terminate an at-will employee at any time, but not for a reason prohibited by state or federal law. The Superintendent or supervisor may recommend an employee's discharge subject to the School Board's approval.
Reduction in Force and Recall
Please refer to the “Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;”and the
“Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals' Association.”
For employees not covered by these agreements:
The School Board shall use a seniority list to determine the order of dismissal if it reduces educational support personnel or discontinues some type of educational support service. The seniority list, categorized by positions, shall show the length of continuing service of each educational support employee. The employee with the shorter length of continuing service within the respective category of position shall be dismissed first.
Written notice will be given the employee by certified mail, return receipt requested, at least 30 days prior to the date of termination, together with a statement of honorable dismissal and the reason therefor.
Any vacancies for the following school term or within one calendar year from the beginning of the following school term, shall be offered to the employees so removed or dismissed from that category of position provided they are qualified to hold such positions.
Seniority and Probationary Period
Please refer to the: “Current Agreement Between Consolidated High School District No. 230 School Board and Food Service Employees International Union, Local No. 73;” and the
“Current Contract Between the School Board of Consolidated High School District No. 230 and The Educational Support Professionals' Association."
A terminating employee's final paycheck will be adjusted for any unused, earned vacation credit. Employees are paid for all unused earned vacation. Terminating employees will receive their final pay on the next regular payday following the date of termination, except that an employee dismissed due to a reduction in force shall receive his or her final paycheck on or before the third business day following the last day of employment.
Employee discipline shall be in accordance with the applicable provisions of any collective bargaining agreement and employee conduct (policy 5:292).
The Superintendent may develop procedures to implement this policy.
LEGAL REF.: 5 ILCS 430 et seq
105 ILCS 5/10-22.34c and 5/10-23.5.
820 ILCS 115/1 et seq.
CROSS REF.: 4:100, 5:20, 5:292
ADOPTED: October 4, 1999
UPDATED: July 2008;
REVISED: October 29, 2015
5:292 SuspensionThe School Board is itself authorized and authorizes the Superintendent or designee to suspend an employee with pay during an investigation into allegations of misconduct whenever the employee’s continued presence in his/her position would not be in the best interest of the School District, or for misconduct which is detrimental to the School District.The School Board further is itself authorized and authorizes the Superintendent to suspend an employee without pay for up to 10 employment days for misconduct which is detrimental to the School District. Teachers and non-exempt employees may be suspended without pay for any period of time up to ten employment days. Other exempt employees may only be suspended without pay in increments of regularly scheduled workweeks. No employee shall be suspended for more than 30 days of employment without pay during any school year.Misconduct includes, but is not limited to, unprofessional actions, conduct, or judgment; any failure to follow any oral or written directive, order or policy of the School Board or of any supervisor; or any act or failure to act that constitutes a violation or an attempt to violate any law or local ordinance which relates to the employee’s duties.The Superintendent is authorized to establish rules and regulations designed to implement this policy.
LEGAL REF: 105 ILCS 5/10-20.5
Spinelli v. Emmanuel Lutheran Evangelical Congregation, 118 ILL.2d 389, 515
N.E.2d 1222 (1987)
Craddock v School Board, 81 ILL.2d 28 (1986)
Auer v Robbins, 117 S.Ct. 905 (1997)
Bowman v City of Indianapolis, 133 F.3d 513 (7th Cir. 1998)
Block v City of Los Angeles, 253 F.3d 410 (9th Cir. 2001)
29 C.F.R. §541.118, 541.314; 29 U.S.C §213ADOPTED: October 4, 1999REVISED: March 25, 2004
5:300 Schedules and Employment YearThe Superintendent shall supervise a process for setting work schedules and an employment year for educational support employees in accordance with State and federal law, Board policy, and applicable agreements and shall:1. Assign each employee one supervisor who will establish a work schedule, including breaks, as required by building or District needs, work load, and the efficient management of human resources.
2. Allow for the ability to respond to changing circumstances by altering work schedules as needed; and
3. Consider the well-being of the employee. The immediate supervisor’s approval is required to establish a flexible work schedule.BreaksAn employee who works at least 7.5 continuous hours shall receive a 30-minute duty-free meal break that begins within the first 5 hours of the employee’s workday. The District accommodates employees who are nursing mothers according to State law.
LEGAL REF.: Fair Labor Standards Act, 29 U.S.C. §207 et seq.
820 ILCS 105/1 et seq.
105 ILCS 5/10-20.14a, 5;10-22.34, and 5/10-23.5.
CROSS REF.: 5:35
ADOPTED: October 4, 1999
REVISED: September 2004; February 22, 2007
5:310 Compensatory Time OffThis policy governs the use of compensatory time-off by employees who: (1) are covered by the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §-201 et seq., and (2) are not represented by an exclusive bargaining representative.Employees may be given 1-1/2 hours of compensatory time-off in lieu of cash payment for each hour of overtime worked. Other than as provided below, at no time may an employee’s accumulated compensatory time-off exceed 30 hours, which represents compensation for 20 hours of overtime. If an employee accrues the maximum number of compensatory time-off hours, an employee is paid for any additional overtime hours worked at the rate of one and one-half times the employee's regular hourly rate of pay.An employee who has accrued compensatory time shall be permitted to use such time in hourly components provided such requests do not unduly disrupt the District’s operations. All requests for compensatory time-off must be approved by the employee's supervisor.Upon termination of employment, an employee will be paid for unused compensatory time at the final regular rate received by such employee.Compensatory time-off is time during which the employee is not working and is, therefore, not counted as "hours worked" for purposes of overtime compensation.LEGAL REF.: Fair Labor Standards Act, 29 U.S.C. §-201 et seq.; 29 C.F.R. Part 553.
CROSS REF.: 5:35, 5:270
ADOPTED: October 4, 1999
REVISED: January 27, 2005
5:320 EvaluationThe Superintendent is responsible for designing and implementing a program for evaluating the job performance of each educational support staff member according to standards contained in Board policies as well as in compliance with State law and any applicable collective bargaining agreement. The standards for the evaluation program shall include, but not be limited to:
CROSS REF.: 5:10, 5:150ADOPTED: October 4, 1999REVISED: September 2004; February 22, 2007
- Each employee shall be evaluated annually, preferably before the annual salary review.
- The direct supervisor shall provide a copy of the completed evaluation to the employee and shall provide an opportunity for discussion.
- The employee’s work quality, promptness, attendance, reliability, conduct, judgment, and cooperation shall be considered.
- All evaluations shall comply with State and federal law and any applicable collective bargaining agreement.
5:330 Sick Days, Vacation, Holidays and Leaves
Please refer to the “Current Agreement Between the Consolidated High School District 230 School Board and Food Service Employees International Union, Local No. 73;” and “Current Contract Between the Consolidated High School District 230 School Board and the Educational Support Professionals’ Association.”
In addition to the Contracts:
1. After three days absence for personal illness, or as it may be deemed necessary in other cases, the School Board may require a physician’s certificate from a physician licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, or if the treatment is by prayer or spiritual means, that of a spiritual adviser or practitioner of such person’s faith as a basis for pay. If such a certificate is required, the District shall pay any expenses incurred in securing it.
2. Educational support personnel receive Martin Luther King Jr.’s Birthday and Casimir Pulaski’s Birthday off without pay. The District may require educational support personnel to work on a school holiday during an emergency or for the continued operation and maintenance of facilities or property.
3. Personal leave may not be used in increments of less quarterly hour increments.
4. Educational support personnel shall receive the same military and General Assembly leaves that are granted professional staff.
5. Educational support personnel receive school visitation leave on the same terms and conditions granted professional staff
6. Educational support personnel receive a leave for victims of domestic or sexual violence on the same terms and conditions granted professional staff.
Employees Not Covered Under the Above-Referenced Agreements
The benefits for employees not covered under the above-referenced agreements will be approved annually by the School Board and will minimally include all benefits provided in referenced agreements.
LEGAL REF.: 105 ILCS 5/10-20.7b, 5/24-2, and 5/24-6.
820 ILCS 147/1 et seq.
CROSS REF.: 5:185, 5:250
ADOPTED: October 4, 1999
REVISED: March 25, 2004; October 24, 2005; January 26, 2006; February 23, 2017