Pinellas County Schools Policy Manual

(2) Florida Certificate: The original must be submitted by the employee. A copy shall be made in the personnel office and retained. The original shall be returned to the employee.

(3) Health Certificate: Prior to initial employment and re-employment following a termination, some employees, as mandated by state statute, are required to submit a certificate of health signed by a licensed medical practitioner attesting to the employee's freedom from contagious and infectious diseases and other physical and medical impairments which would prevent the applicant from performing the duties for which employed.

(4) Contracts: Each employee shall sign the proffered contract and submit it to the personnel office within the specified time.

(5) Certificate Extensions/Additions: Other official correspondence with the state Department of Education and other documents which may be requested shall be copied in the personnel office. Copies shall be retained and the originals shall be returned to the employee.

(6) Criminal Records: The personnel department shall determine if the prospective employee has an arrest/conviction record.

(7) Access To Employee Records: Personnel records shall be open for inspection consistent with federal and state laws. Social security numbers will not be disclosed to the public. Evaluations shall be confidential and not open to the public until the end of the school year immediately following the school year in which the evaluation was made. No evaluation prepared before July 1, 1983 shall be made public pursuant to section 231.291 Florida Statutes. The following payroll deductions are not open to the public: credit union cards, union dues, W-4’s, tax shelter information, tax levy, court ordered payroll deductions, insurance information, any benefits, and other documents declared confidential pursuant to Chapter 119, F.S.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.001, 230.22 (5), 231.02, 231.14, 231.141, 231.15, 231.17, 231.24, 231.29, 231.291, 234.091, Chapter 119 F.S.; 6A-l.069 SBE Rules..

History: New 7/12/61; Amended 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised l2/l8/74; Amended 6/30/76, 5/10/78; Transferred from 6Gx52-6.11 5/8/85; Amended 8/22/90, 9/13/95, 9/10/96, 6/30/98

Note: Former 6Gx52-5.02 (changed 6/30/98)

8.02 AGREEMENT(S) BETWEEN THE BOARD AND LABOR ORGANIZATION(S)

In the event of a conflict which may arise between these Policies or the Superintendent's Administrative Procedures and any agreement(s) that may be in effect between the Board and any labor organization(s), the terms of the agreement(s) shall prevail for the duration of the agreement(s) for all eligible members of the respective labor organization(s); for all other personnel, the provisions of the Policy Manual shall prevail.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2), 447.603 F.S.

History: New 5/10/78; Amended 6/30/98

Note: Former 6Gx52-5.03 (changed 6/30/98)

8.03 PERSONAL FINANCIAL OBLIGATIONS

Employees of the Board are expected to handle their personal financial obligations in such manner as shall prevent the involvement of the individual school or county administration.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2), 231.09 (8) F.S.

History: New 7/22/59; Revised 12/18/74; Amended 5/10/78

Note: Former 6Gx52-5.04 (changed 6/30/98)

8.04 EMPLOYEE INVESTIGATIONS

(1) When an investigation is conducted by school officials concerning complaints or charges against an employee, the employee shall be accorded ethical treatment and shall be offered fair and impartial consideration.

(2) Investigations shall be conducted by the Office of Professional Standards, Office of Equal Opportunity or appropriate law enforcement agency. Great care shall be taken to avoid mistaken accusations or alerting suspected individuals that an investigation is under way until the appropriate time.

(3) All Board employees shall cooperate fully with appropriate authorities who are conducting investigations into employee conduct.

(4) An employee may be placed on administrative leave with pay, not to exceed ten (10) days, during the course of an investigation into the employee's conduct when such is deemed appropriate by the Superintendent (or designee).

(5) Pursuant to Florida law, any complaint and any material relating to the investigation of a complaint against an employee are confidential and exempt from the public records law until the conclusion of the preliminary investigation or until such time as the preliminary investigation ceases to be active.

(6) If the preliminary investigation is concluded with the finding that there is probable cause to proceed further or with disciplinary action, Policy 8.25 EMPLOYEE DISCIPLINE shall apply.

(7) All employees are required to notify their supervisors immediately if they are arrested or given a Notice to Appear for any criminal offense, including driving under the influence (DUI) and other criminal traffic offenses and local ordinance violations punishable by any period of incarceration, or charged in any way with such offenses. Administrators and supervisors who become aware of subordinates who have been arrested, charged or given a Notice to Appear for such offenses will immediately notify the Office of Professional Standards.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 1012.31(3)(a)1. F.S.; 6A-4.037 SBE Rules..

History: New 7/12/61; Amended 7/28/65; Revised 12/18/74; Amended 5/10/78, 10/28/92, 5/23/95, 6/30/98, 9/23/03

Note: Former 6Gx52-5.05 (changed 6/30/98)

8.05 CONFLICT OF INTEREST

(1) No employee of the Board shall engage in the selling of goods and services to students, employees or the Board which might result in any conflict of interest.

(2) No employee shall accept any gift, favor or service of value from persons or organizations who now are engaged in, or are being considered for, doing business with the school system.

(3) Expenses for trips to evaluate products or equipment shall be paid by the Board. However, once equipment is purchased or leased, equipment operators and maintenance personnel may attend training sessions at the expense of the company if training is included as a service within the purchase or lease price.

(4) Industry-Sponsored Training:

When a seminar, training, or educational meeting or session is provided by an industry representing more than one company and offered at no cost, or at reduced or partial costs, to Board staff, and the resulting knowledge or training is judged by the Superintendent (or designee) to be in the Board's interest with no advantage or obligation given to an individual company, and to be no conflict of interest, the Superintendent (or designee) may authorize attendance.

(5) Company-Sponsored Training:

(a) Supervisors sending equipment operators or maintenance personnel to company-sponsored training sessions shall obtain a letter of verification from the company indicating that the training session is a service extended by that company and is provided through the purchase or lease price already paid by the Board.

(b) The letter of verification shall be obtained prior to authorization for attendance at the training session and shall be attached to the leave request form.

(6) No employee shall accept other employment which might impair the employee’s independence of judgment in the performance of duties for the Board.

(7) Violation of this policy may constitute grounds for dismissal from employment.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 112.313 (2), (7) F.S.

History: New 7/22/59; Amended 7/12/61, 7/28/65, 7/31/68, 11/17/71; Revised 12/18/74; Amended 7/23/75, 5/l0/78, 1/14/81, 8/8/90, 1/9/91, 6/30/98

Note: Former 6Gx52-5.06 (changed 6/30/98)

8.06 DUAL EMPLOYMENT AND COMPENSATION

(1) A Board employee may provide consulting services regarding a non-district developed curriculum or program or participate in programs sponsored by other agencies. An employee who chooses to request TDE leave when engaged in such activity must remit to the Board any remuneration (honorariums, stipends, consultant service fees, etc.) received. In addition, any travel expense reimbursement provided by the sponsoring agency shall be remitted by the employee to the Board when the Board is liable for travel expenses authorized by the approved TDE request.

(2) An employee may not retain such compensation without utilizing personal leave chargeable to sick leave, vacation leave, or personal leave without pay. An employee wishing such compensation must request the leave through the submittal and approval of the prescribed forms. The Board will not be responsible for workers' compensation or liability protection for employees on personal leave.

(3) A Board employee providing consultation concerning a district developed curriculum or program must remit to the Board any remuneration received.

(a) The Board will pay the employee the lesser of the remuneration received or the daily rate of pay if the consultation is performed on the weekend or outside the employee's contractual period.

(b) If the consultation occurs on a weekday evening during the employee's contractual period, Pinellas administrators will receive no additional compensation. Teachers will be paid an hourly rate from the consultation fee paid to the district for weekday evening consultations.

(4) The district or agency paying for the consulting services of a Board employee for a district developed curriculum or program must pay any travel and per diem expenses of the instructor.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 F.S.

History: New 3/8/89, 4/25/90; Amended 9/30/98

Note: Former 6Gx52-5.07 (changed 6/30/98)

8.07 POLITICAL ACTIVITIES

(1) Employee Rights; Leaves of Absence: The School Board of Pinellas County recognizes the right of its employees to campaign for and to hold elective public office, except as prohibited under 112.313(10) F.S. and any other provisions under the statutes and laws of Florida. Accordingly, the Board authorizes both short term and long term personal leaves of absence, without pay, for its employees in order that such employees abstain from conflicts which may arise between the employees' performance of their official duties in this school system and their political activities.

(2) Superintendent Directed to Provide Procedures; Guaranteeing Employee Rights; Protection Against Conflicts: The Superintendent (or designee) is directed to provide procedures that will guarantee such employee rights, while at the same time protecting the school system against any conflicts that might arise, such as interference with the normal discharge of one's duty, as the result of an employee's engaging in political activities and/or while holding public office.

(3) General Regulations:

(a) School employees engaging in political activities shall make it clear that their utterances and actions are theirs as individuals and that they in no manner represent the views of the school system.

(b) Employees are prohibited from engaging in political activities on school Board premises during duty hours.

(c) Employees requesting personal leaves of absence for political activities shall apply in writing to the personnel office, giving full particulars for such request for leave. The Superintendent (or designee,) shall, within a reasonable period of time, advise the employee of the nature of the recommendation that shall be made to the Board concerning the employee's request for leave.

(d) Employees engaging in political activities or in the holding of public office shall not use time, facilities, or personnel of the school system to engage in such activities. Specifically, the use of copy reproduction equipment or other machinery or supplies, the use of secretarial help, or any other school facilities or personnel is strictly prohibited. Telephone use for such political activities during duty hours shall be confined to an emergency only, and then only in such a manner as shall not conflict with the employee's school related duties. Such office holder, or other politically active employees, are expected to discourage constituents, or other persons with whom they are associated in their political capacities, from making telephone calls to them, during duty hours.

(e) Any employee who has been suspended or removed from public office, the grounds for which have been as those provided within 231.28 F.S., shall not be returned to duty with the school system until such charges against the employee have been dismissed or otherwise legally terminated in the employee's favor.

(4) Campaigning:

(a) Employees who confine campaign activities to off-duty hours, as provided in (3), (b) above, shall not be required to take personal leave.

(b) Employees who desire to take personal leave for campaign activities shall apply to the personnel office, as provided in (3),(c) above, requesting personal leave for a definite period of time, not to exceed ninety (90) calendar days.

(d) Employees desiring to return to their positions earlier than specified, as provided in (4), (b) above, may be returned to their positions, upon written request to do so, provided that is convenient for the school system; otherwise, they shall be returned to their positions when the leave expires or as soon before as it is convenient for the school system.

(5) Employees Holding Part Time Public Office:

(a) Employees who have been elected to public office for duties which do not require full time responsibilities may be permitted to make personal arrangements for intermittent leave(s), without pay, with their supervisors and the personnel office and with the approval of the Superintendent (or designee); provided such leave(s) does not conflict with the employee's school system-related duties, and provided especially that the interests of students are not impaired.

(b) The Pinellas County School System reserves the right to deny or to terminate such personal arrangements, as are provided in (5)(a) above, when, in the judgment of the Superintendent (or designee), such personal arrangements are in conflict with, or are not in the best interests of, the school system or its students.

(c) Any employee whose personal leave arrangements have been denied or terminated, as provided in (5)(b) above, shall be permitted to take an extended personal leave, as provided in (6) below.

(6) Employees Holding Full Time Public Office:

(a) Employees who have been elected to public office which requires full time responsibilities shall, upon written request to the personnel office, as provided in (3)(c) above, be granted a personal leave of absence.

(b) Employees whose terms of elected office extend beyond one (l) year shall be required to request a leave of absence each year during their terms of office.

(c) Upon termination of the personal leave for the holding of public office, the employee shall be assigned to the same or similar position held prior to the personal leave.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 112.313 (10) F.S.

History: New 11/17/71; Revised 12/l8/74; Amended 7/14/76, 8/8/90, 6/30/98, 1/16/01

Note: Former 6Gx52-5.08 (changed 6/30/98)

8.08 SALARY

Salaries shall be paid in accordance with schedules adopted by the Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 (5) (d) F.S.

History: New 7/12/50; Amended 3/15/53, 7/28/65, 11/17/71, Revised 12/l8/74; Amended 5/10/78

Note: Former 6Gx52-5.09 (changed 6/30/98)

8.09 RIGHT OF THE BOARD TO REQUEST EXAMINATIONS

The Board reserves the right to require an employee at any time to submit to a physical or psychiatric examination, in addition to examinations required by other policies or procedures, by one or more physicians or psychiatrists to be chosen from a list of doctors approved by the Board. The expense for such an examination shall be borne by the Board, unless stipulated to by the employee.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.40 (2) F.S.; 6A-1.064 SBE Rules..

History: New 7/28/65; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-5.10 (changed 6/30/98)

8.10 EMPLOYMENT OF RELATIVES

(1) No employee shall be assigned to a facility in which a close relative holds an administrative or supervisory position which immediately directs the employee’s work.

(2) Close relative shall be defined as the first degree of kindred: Husband, wife, father, mother, brother, sister, son, daughter, and in-laws of the same degree.

(3) It is the employee's responsibility to notify the appropriate assistant superintendent whenever this policy is violated in order that a transfer may be arranged as soon as possible.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22(2) F.S.

History: New 7/31/68; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-5.11 (changed 6/30/98)

8.11 VACATIONS

(1) The Board recognizes vacation for twelve month personnel as important to individual health and family stability. Except as provided for in approved labor agreements, all twelve month personnel shall be eligible for vacation based on service in a twelve-month position in the school system. Accrual of vacation shall begin on the most recent date of appointment to a twelve month assignment in accordance with the formula below. Vacation accrual shall not be applicable to service rendered in prior assignments which were of less than twelve-months duration and shall be computed using the following formula:

(a) One (1) work day per month (twelve days per year) for employees who have been employed for five years or less;

(b) One and one-fourth (1 1/4) days per month (fifteen days per year) for employees who have been employed for more than five years;

(c) One and one-half (1 1/2) days per month (eighteen days per year) for employees who have been employed for more than ten years;

(2) Holidays, as recommended by the calendar committee and approved by the Board, shall not be charged as vacation.

(3) In no case shall an employee be permitted to accrue more than sixty-two (62) days of unused vacation.

(4) Employees shall be encouraged to utilize earned vacation. All accrued vacation shall be utilized in accordance with established procedures.

(5) Accrued vacation leave shall be paid upon an employee's retirement, upon entry into the Deferred Retirement Option Program (D.R.O.P.), or to the estate upon death of the employee. Once accrued vacation leave has been paid to an employee entering the D.R.O.P., no further payout for vacation leave accrued shall occur except to the extent the employee has earned additional vacation which, combined with the original payment, does not exceed the maximum allowed by law. During participation in the D.R.O.P., an employee will accrue such leave on the regularly scheduled basis and may use all vacation leave earned.

(6) The Board reserves the right to provide payment for accrued vacation, or for portions thereof, to employees who terminate, or whose contractual status no longer entitles them to accrued vacation. Such payment shall be approved by the Superintendent (or designee).

(7) Twelve month personnel employed in the schools shall be expected to take their vacations while students are not in session.

(8) Consistent with Board policy, payment for accrued vacation shall be based upon the employee's daily rate of pay at the time of termination or death multiplied by the number of days of accrued vacation.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 (4) F.S.; 6A-1.082 SBE Rules..

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/22/59, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 12/3/80, 11/25/87, 4/25/90, 8/8/90, 5/26/98, 6/30/98

Note: Former 6Gx52-5.12 (changed 6/30/98)

8.12 EMPLOYEE COMPLAINTS

Policy 8.12 EMPLOYEE COMPLAINTS has been replaced by Policy 8.242 EMPLOYEE COMPLAINTS BASED UPON ALLEGED DISCRIMINATION/HARASSMENT (5/27/03)

8.13 PROFESSIONAL EDUCATION

The Board conducts various types of professional education which shall serve to increase the efficiency of all staff members, instructional, administrative and supportive. Staff members are expected to participate in such professional education activities. The District Master Inservice Plan identifies potential training opportunities for employees.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.33, 231.600 F.S.

History: New 7/12/50; Amended 3/15/53, 5/22/57, 7/22/59, 7/28/65; Repealed 7/31/68; Repromulgated 11/17/71; Amended 2/27/74; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-5.14 (changed 6/30/98)

8.14 COPYRIGHTS AND PATENTS

(1) In those instances in which a product is clearly outside the job description of an employee, the results of the employee's work are the employee’s private property.

(2) School Board employees have the privilege to do research, write articles, pamphlets and books, and to present papers before learned societies, to enter into contracts for the publication of their works, to procure copyrights and patents for their products, and to receive royalties that may accrue to them as a result of the sale of such works.

(3) When such a product is connected with the employee's work assignment, and the employee desires to obtain a copyright or patent, a written outline of the project and a statement of the employee's intent to acquire a copyright or patent shall be presented to the office of the Superintendent (or designee). The Superintendent (or designee) shall have sixty (60) days to determine whether the Board shall have an interest in such a product. If, at the end of such a sixty (60) day period, the employee has received no such statement from the office of the Superintendent (or designee), the employee shall be free to consider such a product as personal property.

(4) In the event the Superintendent (or designee) informs the employee and recommends to the Board that the Board have an interest in such product, the employee and the Board may enter into whatever contractual agreement(s) may be in their mutual interests.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2) F.S.

History: New 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-5.15 (changed 6/30/98)

8.15 REPRODUCTION OF COPYRIGHTED MATERIALS

(1) School Board employees are expected to be familiar with the provisions of the copyright laws currently in force under Title XVII of the United States Code.

(2) The Superintendent (or designee) shall provide, through administrative procedures, guidelines for the reproducing of such materials as are allowed to be reproduced under the Code. Any reproduction of copyrighted materials shall be done either with permission of the copyright holder or within the bounds of the "fair use" doctrine of the copyright law; otherwise, the individual responsible for reproduction may be liable for breach of copyright under existing laws.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22(2) F.S.

History: New 5/10/78; Amended 6/30/98

Note: Former 6Gx52-5.16 (changed 6/30/98)

8.16 LEAVES (GENERAL)

(1) Accumulation of Sick Leave: Each member of the instructional staff employed on a full time basis is entitled to four (4) days of sick leave as of the first day of employment of each contract year and shall thereafter earn one (l) day of sick leave for each month of employment, which shall be credited to the member at the end of that month and which may not be used before it is earned and credited to the member. Each other employee shall be credited with four (4) days of sick leave at the end of the first month of employment of each contract year and shall thereafter be credited for one (l) day of sick leave for each month of employment, which shall be credited to the employee at the end of the month and which may not be used before it is earned and credited to the employee. However, each member of the instructional staff and each other employee is entitled to earn no more than one (l) day of sick leave times the number of months of employment during the year of employment. If the employee terminates employment or otherwise enters an unpaid leave status and has not earned sick leave days, the Board shall withhold the average daily amount for any sick days used but unearned by the employee. Such leave shall be taken only when necessary because of sickness as herein prescribed. Such sick leave shall be cumulative from year to year. There shall be no limit on the number of days of sick leave which an employee may accrue, except that at least one-half of this cumulative leave must be established within this district. Subject to the limitation set forth in the previous sentence, sick leave may be transferred from another Florida school district upon request of the employee.

Sick Leave: Each regular supporting services employee and each full-time instructional and administrative employee who is unable to perform job duties because of illness or because of illness or death of father, mother, brother, sister, spouse, child or other close relative or member of the employee’s own household and consequently has to be absent from work shall be granted leave of absence for sickness by the Superintendent (or designee). An employee taking such leave shall notify the appropriate supervisor and file a certificate of absence before beginning the leave, if possible. In an emergency, the certificate of absence may be filed immediately following return to duty.

(2) Military Leave: Military leave with pay may be granted an employee when the request is supported by a copy of the military orders, up to seventeen (17) days per school year to perform military service. Such leave is not charged as vacation. It shall be established that the period selected is not at the convenience of the employee but a military necessity, if it falls within the school year. An employee called to active military service shall receive full pay for the first thirty (30) days of military leave, and the remainder of such leave shall be without pay. After two years of leave, the employee must apply for reemployment within one year after date of discharge, and the school system shall have six months after application in which to reassign the employee. An employee shall not suffer loss of pay and benefits if called to active military service during periods of national emergency or wartime service that extend beyond the thirty day limit and the following provisions will apply:

(a) If the employee's combined military salary and benefits is less than that received while working for the School Board, the Board will pay the difference in this amount in an effort to make whole any employee who must forfeit some portion of his or her salary and benefits as a School Board employee during service in the United States military.

(b) This "hold harmless" provision shall apply only during the specified period of time during which the employee is scheduled to work for the Board but required to serve on active duty as defined by his or her official military orders.

(3) Personal Leave With Pay: Four (4) days leave per year, non-cumulative and chargeable to sick leave, may be used for personal reasons.

(4) Family and Medical Leave: Family and medical leave will be provided to qualified employees in accordance with the provisions of the Family and Medical Leave Act (FMLA) (PL 103-3) of 1993. The following are general, procedural rules governing this type of leave.

(a) Eligible employees are entitled to take up to twelve (12) workweeks of leave in a twelve (12)-month period (commencing with the date of the initial leave) for birth of child, adoption or foster care, a serious health condition or to care for a spouse, child or parent who has a serious health condition. If both husband and wife are employed by the Board, the combined number of workweeks of leave to which both may be entitled is twelve (12). As used in this policy, the term "serious health condition" shall be defined as in PL 103-3.

(b) In order to be eligible, an employee must have been employed for at least twelve (12) months and must have worked at least 1,250 hours during the twelve (12) month period immediately preceding the leave. Leave for a full-time employee who has been employed for at least a year but did not work 1,250 hours during the preceding twelve (12) months will require approval of the Board.

(c) Employees on approved family leave will be eligible for the continuation of their Board-paid life insurance and appropriate Board contribution and will be responsible for payment of their normal payroll deduction amount.

(d) Family and medical leave shall require thirty (30) days of advance notice to the district, when possible. Medical certification must accompany a request for medical leave.

(e) Available sick, personal and vacation leave must be used before using unpaid leave for illness, adoption of a newborn child or maternity purposes. Available personal and vacation must be used prior to using unpaid leave for other adoptions or foster care. The employee may hold up to ten (10) days of paid leave in reserve rather than exhausting all accrued time for family and medical leave.

(f) Upon return from leave, the employee is entitled to the same or an equivalent position with respect to pay, benefits, working conditions and status.

(5) Transfer of Accumulated Sick Leave: Accumulated sick leave may be transferred, upon request of the employee, from another Florida school system, but at least one-half the accumulated sick leave shall have been earned in the Pinellas County School System.

(6) Terminal Pay: Terminal pay shall be granted to an employee at retirement or to the employee’s estate if service is terminated by death. All employees who are in D.R.O.P. have a portion of their unused sick leave paid, in accordance with IRS Rules and Regulations, to the District’s 401(a) program administered by Bencor, at the end of each plan year (July). The remaining balance of accumulated sick leave is paid to the employee upon the employee’s completion of D.R.O.P. Terminal pay for employees who have worked or are working in federally funded programs may be paid from such federal funds on a pro-rata basis to the extent allowed by law.

(a) "Retirement" shall mean eligibility for retirement benefits under the Florida Retirement System (FRS), the Teachers Retirement System (TRS), or the State and County Officers and Employees' Retirement Systems (SCOERS) at normal retirement or disability retirement as provided by law. Evidence of service retirement shall be determined by a signed copy of the "Application for Service Retirement." Evidence of disability retirement shall be determined by a statement of disability from the retirement office. Payment for such terminal pay benefits shall be as follows:

Subsequent to six (6) years of service in the Pinellas County School System, the employee shall receive forty percent (40%) of the accrued sick leave; subsequent to ten (10) years of service, sixty-five percent (65%); subsequent to fifteen (15) years of service, seventy percent (70%); subsequent to twenty (20) years, eighty percent (80%); subsequent to twenty-five (25) years, ninety percent (90%); subsequent to thirty (30) years, one hundred percent (100%).

(b) Completion of the D.R.O.P.: An employee participating in the D.R.O.P. shall receive payment at completion of the D.R.O.P. and separation from employment with the district, according to the schedule established in (6)(a), above.

1. During the first three (3) years of service, the daily rate of pay shall be multiplied by thirty-five percent (35%) times the number of accumulated sick leave days;

2. During the next three (3) years of service, the daily rate of pay shall be multiplied by forty percent (40%) times the number of accumulated sick leave days;

3. During the next three (3) years of service, the daily rate of pay shall be multiplied by forty-five percent (45%) times the number of accumulated sick leave days;

4. During and after the tenth year of service, the daily rate of pay shall be multiplied by fifty percent (50%) times the number of accumulated sick leave days;

5. Subsequent to thirteen (13) years of service, the daily rate of pay shall be computed using the percentages applicable if the employee had retired.

(7) Illness or Accident Incurred in the Performance of Duty:

Leave with pay for illness or accident incurred in the performance of duty shall be as provided by law and according to the following.

Any employee who must be absent from duty due to personal injury received in the performance of duties or due to illness certified by a physician to be from a contagious disease (except respiratory illnesses) contracted in school work shall be entitled to accident/illness in line of duty leave. Such leave shall be authorized for a period not to exceed ten (10) days and shall be applicable only to the year during which the accident/illness occurred. Authorization for additional leave due to unusual circumstances may be granted by the Board. Pay will be at the employee's established rate of pay and in accordance with the provisions of subsection 8.26 (9) of the Board's policies. Such authorized leave shall not be deducted from the employee's accumulated sick leave.

(8) Sick Leave Bank

(a) The Superintendent is authorized to establish guidelines for all district employees to participate in a sick leave bank.

(9) Use of sick leave by family members

(a) Under the following guidelines district employees may authorize their spouse, child, parent or sibling who is also a district employee, to use sick leave that has accrued to the authorizing employee.

1. The recipient must have used all of his/her personal accumulation of sick leave (and vacation leave, if applicable).

2. Maximum transfer for any one (1) illness, injury or complications arising thereof, shall be thirty (30) days per school year.

3. Days used may not result in double compensation when combined with other benefits such as workers compensation or tort damage awards.

4. The recipient and the donor must complete the appropriate form from the personnel office.

5. The personnel administrator approving the form may require documentation of the recipient's relationship to the authorizing employee.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.41, 231.381, 231.39, 231.40, 231.481, F.S.

History: New 7/12/50; Amended 7/28/65, 7/31/68, 11/17/71; 2/27/74; Revised 12/18/74; Amended 5/10/78, 11/19/80, 8/11/82, 10/12/83, 11/28/84, 5/8/85, 6/25/86, 4/8/87, 11/25/87, 11/9/88, 10/25/89, 8/22/90, 1/12/94 (Emergency), 2/23/94, 6/894, 1/10/96, 5/26/98, 6/30/98, 2/26/02, 10/28/03

Note: Former 6Gx52-5.18 (changed 6/30/98)

8.17 TEMPORARY DUTY ELSEWHERE

(1) Temporary duty elsewhere is not a leave. It is an assignment away from the usual place of duty. It does not interrupt pay and other benefits. Requests shall be made on the form provided and approved by the principal or supervisor.

(a) Employees shall not be assigned temporary duty elsewhere to earn college credits, improve rank, or renew certificates, except when participating in a program approved by the Board specifically authorizing such duty.

(b) Temporary duty elsewhere may be granted an employee who is called for jury duty or who is subpoenaed as a witness by a party other than the employee.

(c) Employees engaged in field trips or other activities away from their regular assignments shall be required to process requests for temporary duty elsewhere on the proper form.

(2) An employee who is a defendant in a court action or hearing may take personal leave as provided elsewhere in Board policy. When the outcome of such court action provides for the exoneration of the employee, the leave shall be changed to temporary duty elsewhere upon application to the personnel office and submittance of a copy of the court order with the application.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 6A-1.084 SBE Rules..

History: New 3/15/53; Amended 5/22/57; Revised 7/28/65; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78, 8/8/90, 6/30/98

Note: Former 6Gx52-5.19 (changed 6/30/98)

8.18 TRANSPORTING STUDENTS

Unless an employee is transporting a student at the direction of the principal during an emergency or during an officially approved trip in accordance with Board policy and procedures, such transportation shall be furnished at the employee's own risk or liability. The Board does not expect employees to transport students except when such transportation is provided during an emergency or an officially approved trip. An employee who provides such transportation except for an emergency or during an officially approved trip shall be acting outside the scope of his employment.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 F.S.

History: New 5/23/79

Note: Former 6Gx52-5.20 (changed 6/30/98)

8.19 PRE-WORK PHYSICAL EXAMINATIONS

(1) Pre-work physical examinations are required of some employees, as mandated by state statute, and as prescribed by Board policy.

(2) The form of the examination and required tests shall be as prescribed by the personnel office.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.001,112.08 (1) F.S.

History: New 5/8/85, Amended 8/22/90, 1/9/91, 9/10/96, 6/30/98

Note: Former 6Gx52-5.21 (changed 6/30/98)

8.20 EMPLOYEE HEALTH SERVICES

Communicable Diseases, Contagious Infestations: Any employee who is suspected of having a communicable disease (e.g., chicken pox, rubella, rubeola, etc.), or is suspected of carrying a virus or microorganism which causes such a disease, or contagious infestation, shall be referred immediately to a personal physician. The employee shall not be allowed to return to the work site without a clearance from a licensed physician. If the employee returns to work with signs and symptoms of the disease or infestation, the supervisor of the employee may require a written authorization to return to work from a second, licensed physician. In the case of a suspected microorganism which causes such a disease, when such disease has no known vaccine or cure, a panel of educational and medical professionals shall recommend to the Superintendent (or designee) on an individual basis the appropriate placement of the employee. The Board reserves the right to determine final placement, including those decisions on appeal from the Superintendent (or designee).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 F.S.

History: New 10/12/88, Amended 9/10/96, 6/30/98

Note: Former 6Gx52-5.22 (changed 6/30/98)

8.21 SMOKING OF TOBACCO PRODUCTS IN BOARD FACILITIES

The purpose of this policy is to comply with the "Florida Clean Indoor Air Act" in protecting the public health, comfort and environment by creating areas in all school Board facilities that are free from tobacco smoke.

(1) No person may be in possession of a lighted cigarette, lighted pipe, lighted cigar, or any other lighted tobacco product, in any school Board facility, including the outside grounds.

(2) No areas for smoking shall be designated on school Board property.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 386.201, 386.203, 386.205, 386.207 F.S.

History: New 9/11/85, Amended 8/8/90, 7/22/92, 4/27/94, 6/30/98

Note: Former 6Gx52-5.25 (changed 6/30/98)

8.22 FIREARMS AND WEAPONS

(1) In order to maintain a safe and secure learning environment and in accordance with section 790.115(2)(a)3., F.S., no person may possess a firearm or other weapon on school district property, at a school district bus stop, or at a school district or school-sponsored event. This prohibition shall not apply to possession by licensed law enforcement officers, or other persons approved by the school or district on a case-by-case basis.

(2) "Firearm" means any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun.

(3) "Weapon" means any dirk, knife, metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device, or other deadly weapon except a firearm or a common pocketknife, plastic knife, or blunt-bladed table knife.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 790.001 (6) & (13), 790.115(2)(a)3. F.S.

History: New 12/18/85; Amended 12/9/87, 6/30/98, 12/9/08

Note: Former 6Gx52-5.26 (changed 6/30/98)

8.23 DRUG-FREE AND ALCOHOL-FREE WORKPLACE

The purpose of this policy is to comply with the Drug-Free Workplace Act of 1988 which requires grantees to certify that they will maintain a drug-free and alcohol-free workplace.

Additionally, the purpose of this policy is to comply with the Federal Highway Administration (FHWA) regulations for the establishment and implementation of anti-drug programs in the motor carrier industry as set forth in Title 49 of the Code of Federal Regulations (CFR) Parts 391 "Qualifications of Drivers" and 394 "Notification and Reporting of Accidents". These parts of the CFR include, by reference, the requirements of 49 CFR Part 40 "Procedures for Transportation Workplace Drug Testing Programs" which apply to all Department of Transportation regulated industries and set forth the procedural requirements for testing, from urine sample collection through analysis and verification of test results.

(1) Employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, being under the influence of, or use of alcohol and/or a controlled substance (as defined in Chapter 893 of the Florida Statutes): in the workplace; or during the workday; or when on duty; or in the presence of students or students' families as part of any school or work-related activities. Violation of this prohibition shall result in appropriate disciplinary action up to and including termination and referral for prosecution.

(2) A drug-free and alcohol-free workplace shall be maintained.

(a) A drug-free awareness program is hereby established to inform employees about:

1. The dangers of drug and alcohol abuse in the workplace;

2. Policy 8.23 of maintaining a drug-free and alcohol-free workplace;

3. Any available drug and/or alcohol counseling, rehabilitation, and employee assistance programs; and

4. The penalties that may be imposed upon employees for drug and/or alcohol abuse violations occurring in the workplace;

(b) Each employee shall be given a copy of Policy 8.23.

1. Abide by the terms of Policy 8.23; and

2. Notify the employer of any criminal drug and/or alcohol statute conviction for a violation occurring in the workplace no later than five days after such conviction;

(d) The employer will initiate certification/revocation proceedings pursuant to Section 231.28 (5) F.S. for certificated employees convicted of criminal charges.

(e) For each employee working under a grant program, the granting agency shall be notified within ten (10) days after employer receives notice under subparagraph (c)(2) from an employee or otherwise receives actual notice of such conviction;

(f) Within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted:

1. Appropriate personnel action against such an employee shall be taken, up to and including termination; or

2. Such employee shall be required to participate satisfactorily in a drug and/or alcohol abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(g) As used herein, the term "conviction" includes adjudications of guilt and terms of probation being imposed with adjudication of guilt being withheld.

(3) DRUG AND ALCOHOL TESTING TO BE INSTITUTED

(a) NATURE, FREQUENCY AND TYPE OF DRUG AND ALCOHOL TESTING TO BE INSTITUTED. Title 49 of the Code of Federal Regulations (CFR) Part 40 requires all employees of the District as of January 1, 1995, who are required to hold a Commercial Drivers License (CDL) as a condition of employment and who perform safety- sensitive functions (see paragraph (3) (g)) shall be subject to drug urinalysis testing and breath alcohol testing via sample collection through analysis and verification of test results as promulgated by 49 CFR Part 40. The District plan includes the following types of drug or alcohol testing for all employees covered under 49 CFR Part 40:

1. Pre-employment Testing - All individuals whom the District intends to hire on a permanent or temporary basis;

2. Reasonable Suspicion Testing - When a covered employee's conduct or appearance is directly observed as indicative of being under the influence of a drug or alcohol during on-duty time;

3. Random Testing - Drug testing must be conducted unannounced based on a random selection and must be equal to or exceed fifty percent of the total number of covered employees each year. Alcohol testing must be conducted unannounced based on a random selection and must be equal to or exceed twenty-five percent of the total number of covered employees each year. Such testing shall be during on-duty time;

4. Post-Accident Testing - As soon as practicable following an accident, a driver (unless deceased) shall be tested for alcohol and controlled substances when any person involved in the accident has been fatally injured or the covered employee received a citation for a moving traffic violation arising from the accident. Testing will be conducted not later than thirty-two (32) hours after the accident for drugs and not later than eight (8) hours after the accident for alcohol. For the purpose of this rule an accident is defined as an incident involving a commercial motor vehicle in which there is either a fatality, an injury treated away from the scene, or a vehicle is required to be towed from the scene.

5. Follow-up Testing - As part of or as a follow- up to counseling or rehabilitation the covered employee is subject to unannounced follow-up drug or alcohol testing. The covered employee shall be subject to a minimum of six (6) follow-up drug or alcohol tests in the first twelve (12) months.

6. Return to Duty Testing - Before a covered employee returns to duty requiring the performance of a safety-sensitive function after engaging in prohibited conduct the covered employee shall undergo a return-to-duty test. In the event a return-to-duty test is required, the covered employee must also be evaluated by a substance abuse professional (SAP) and participate in any assistance program prescribed.

(b) DRUGS FOR WHICH INDIVIDUALS ARE TESTED. Individuals shall be tested for the following drugs: marijuana, cocaine, opiates, amphetamines, phencyclidine (PCP), and alcohol. Covered employees who engage in prohibited drug and/or alcohol related conduct must be immediately removed from safety-sensitive duties. The following drug or alcohol related activities are prohibited during on-duty time for employees who are required to hold a CDL and perform safety-sensitive functions:

1. Reporting for duty or remaining on duty to perform safety-sensitive functions while having a breath alcohol concentration of 0.04 or greater.

2. Being on duty or operating a CMV while the covered employee possesses alcohol, unless the alcohol is manifested and transported as part of a shipment. This includes the possession of medicines containing alcohol (prescription or over-the-counter), unless the packaging seal is unbroken.

3. Using alcohol while performing safety-sensitive functions.

4. When required to take a post-accident alcohol test, using alcohol within eight (8) hours following the accident or prior to undergoing a post-accident alcohol test, whichever comes first.

5. Refusing to submit to a drug or alcohol test required by post-accident, random, reasonable suspicion or follow-up testing requirements.

6. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the covered employee uses any drug, except when instructed by a physician who has advised the covered employee that the drug does not adversely affect the covered employee's ability to safely operate a CMV.

7. Reporting for duty, remaining on duty or performing a safety-sensitive function, if the covered employee tests positive for drugs.

8. Use of drugs within four (4) hours of reporting to duty to perform a safety-sensitive function.

1. Covered employees who engage in conduct prohibited by the Drug-Free and Alcohol-Free Workplace policy will be referred to a Substance Abuse Professional (SAP) for evaluation. The SAP will evaluate the employee to determine whether the employee needs assistance resolving problems associated with drug or alcohol misuse and refer the employee for any necessary treatment. The cost of the evaluation and any treatment prescribed by the SAP will be the responsibility of the employee.

(d) ADMINISTRATIVE RELIEF

If a covered employee believes his or her position has been wrongly designated as a Testing Designated Position, that covered employee may file an administrative appeal to the assistant superintendent for human resources who has the authority to remove the employee from the Testing Designated Position list. The appeal must be submitted by the employee, in writing, to the assistant superintendent for human resources, within fifteen (15) days of notification, setting forth all relevant information. The assistant superintendent for human resources shall review the appeal based upon the criteria applied in designating that employee's position as a Testing Designated Position. The assistant superintendent for human resources’ decision is final and is not subject to further administrative review.

(e) FINDING OF DRUG USE AND DISCIPLINARY CONSEQUENCES

1. Disciplinary action up to and including termination may be instituted against covered employees who have violated the standards of conduct cited in this policy. Nothing will preclude the Board from seeking prosecution for violation of this policy where the Board deems appropriate.

2. A covered employee who receives a positive drug test result or an alcohol test result (.04 or greater concentration) from a required random, reasonable suspicion, post-accident, return-to-duty or follow-up test during on-duty time will be immediately suspended and recommended for dismissal. An employee who refuses to submit to a required alcohol or controlled substances test will be immediately suspended and recommended for dismissal. Refusal to submit to an alcohol or controlled substances test is defined as: (1) failing to provide adequate breath for testing without a valid medical explanation after the driver has received notice of the requirement for breath testing; (2) failing to provide adequate urine for controlled substances testing without a valid medical explanation after the driver has received notice of the requirement for urine testing; or (3) the driver engaging in conduct that clearly obstructs the testing process. The employee will be provided with the name(s) of a qualified Substance Abuse Professional(s) (SAP) and resources available from which the employee may choose to seek assistance.

3. An offer of employment will be withdrawn for any individual who receives a positive drug test result or who receives a result showing an alcohol concentration of .02 or greater on a required pre-employment test.

4. A covered employee who receives a result showing an alcohol concentration of .02-.039 from a required random, reasonable suspicion, return-to-duty or follow-up alcohol test shall be removed from performing any safety-sensitive function for a minimum of twenty-four (24) hours. Duty time missed shall be charged to unpaid leave or may be charged to sick leave or vacation leave if available. Disciplinary action will be taken in accordance with the district's policy of progressive discipline.

5. A covered employee who receives a result showing an alcohol concentration of .02-.039 from a required post-accident test shall be removed from performing any safety-sensitive function for a minimum of twenty-four (24) hours. Duty time missed shall be charged to unpaid leave or may be charged to sick leave or vacation leave if available. Any covered employee who is cited and found guilty of a violation as a result of involvement in an accident will also receive a letter of reprimand. Disciplinary action for subsequent incidents will be taken in accordance with the district's policy of progressive discipline.

6. A covered employee who is convicted of driving under the influence (DUI) or any drug related offense will be recommended for dismissal. As used in this policy, conviction is defined as a finding of guilt, a plea of guilty, a plea of Nolo Contendere, or entering a Pre-Trial Intervention (PTI) program, whether or not there is a formal adjudication of guilt.

(f) CONFIDENTIALITY OF TEST RESULTS

1. The laboratory may disclose test results only to the Medical Review Officer (MRO) or the staff of the Medical Review Office. Any positive result which the (MRO) justifies by acceptable and appropriate medical or scientific documentation to account for the result as other than the intentional ingestion of an illegal drug will be treated as a negative test result and may not be released for the purpose of identifying illegal drug use. Test results will be protected under the provisions of the Privacy Act, U.S.C. Section 552 a et seq., and Section 503 (e) of the Act, and may not be released in violation of either Act. The (MRO) may maintain only those records necessary for compliance with this order. Any records of the (MRO), including drug test results, may be released to any management official for purposes of auditing the activities of the (MRO), except that the disclosure of the results of any audit may not include personal identifying information on an employee.

2. The results of a drug test of a District employee may not be disclosed without the prior consent of such employee, unless the disclosure would be:

a. To the Medical Review Officer (MRO);

b. To any supervisory or management official within the District having authority to take adverse personnel action against such employee; or

c. Pursuant to the order of a court of competent jurisdiction or where required by the Pinellas County Schools to defend against any challenge against any to adverse personnel action.

For purposes of this section, "management official" includes any management, security or personnel official whose duties necessitate review of the test results in order to process adverse personnel action against the employee. In addition, test results with all identifying information removed shall also be made available to District personnel including the Drug Program Administrator, for data collection and other activities necessary to comply with 49 CFR Part 40 of the Act.

3. Any covered employee who is the subject of a drug or alcohol test shall, upon written request, have access to any records relating to:

a. Such employee's drug test; and

b. The results of any relevant certification, review or revocation of certification proceedings, as referred to in 49 CFR Part 40 of this Act. Except as authorized by law, an applicant who is the subject of pre-employment drug testing, however, shall not be entitled to this information.

4. All drug testing information specifically relating to individuals is confidential and should be treated as such by anyone authorized to review or compile program records. In order to efficiently implement this order and to make information readily retrievable, the Drug Program Administrator shall maintain all records relating to reasonable suspicion testing, suspicion of tampering with evidence, and any other authorized documentation necessary to implement this order. All records and information of employees with verified positive test results should be forwarded to the Office of Professional Standards. Such shall remain confidential and maintained in a secure location with limited access. Only authorized individuals who have a "need to know" shall have access to them.

(g) DESIGNATED TESTING POSITIONS

1. Covered employees who operate vehicles in the following safety-sensitive categories are required to be tested.

a. The vehicle has a gross weight rating or gross combination weight rating of 26,001 or more pounds; or

b. The vehicle is designed to transport more than 15 persons, including the driver; or

c. The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the regulations issued by the Secretary under the Hazardous Materials Transportation Act.

2. The District is required to implement a drug testing program in which all affected covered employees are eligible for unannounced testing throughout the year in an objective, random selection process. Covered employees to be tested will be chosen in a lottery from all names in the pool. Every eligible covered employee will remain in the pool throughout the process. A covered employee may continue to drive while awaiting the results of a random test. * NOTE: The Board offers an Employee Assistance Program to employees and retirees. Refer to 8.27 (11).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.32 F.S.

History: New 5/24/89 (Emergency), 6/28/89, 8/8/90 (Emergency), 9/12/90, 6/24/92 (Emergency), 7/22/92, 12/13/94 (Emergency), 3/14/95, 6/26/96, Amended 6/30/98

Note: Former 6Gx52-5.27 (changed 6/30/98)

8.24 GUIDELINES TO PREVENT SEXUAL HARASSMENT

(1) The Pinellas County School Board prohibits sexual harassment (which is a form of sexual discrimination), in any form, involving employees, vendors, school volunteers or students within this system. Sexual harassment can cause serious physical or psychological damage to students or staff, affecting grades, attendance, performance and pride in one's work. Incidents of sexual harassment may occur only once or on a repeated basis and often the situation gets worse if it is not stopped.

(2) Definition:

(a) Sexual harassment is any inappropriate sexual comment or any sexual behavior from an adult toward a student. The staff-member is fully responsible for the comments/behavior. For these purposes, staff member is defined as including, but not limited to, any employee, consultant or volunteer for the school system. Other than a situation involving an adult and a student, sexual harassment in the school system is unwanted sexual attention from anyone dealt with in the school system or at school-related activities.

(b) Behaviors considered to be sexual harassment include, but are not limited to the following:

1. spreading sexual gossip

2. unwanted sexual comments (whether intended to be serious or humorous)

3. pressure for sexual activity

4. any unwanted physical contact of a sexual nature

5. making unwanted sexually suggestive telephone calls or writing unwanted suggestive letters

6. creating a hostile, offensive or intimidating environment based on or related to gender that has the purpose or effect of interfering with an individual's work performance

7. any offers of or requests for sexual favors or advances to secure favorable employment conditions or to avoid unfavorable conditions

(3) Reporting:

(a) Adult victims of sexual harassment should follow the procedure in policy 8.242 EMPLOYEE COMPLAINTS BASED UPON ALLEGED DISCRIMINATION/HARASSMENT.

(b) Students who are victims of sexual harassment by other students should report to the school administration (i.e., teacher, assistant principal, principal), Director of School Operations or the Office of Equal Opportunity. Students who are victims of sexual harassment by employees or volunteers should immediately report the situation to the assistant principal, principal, area superintendent, or Office of Professional Standards. (See also the Grievance Procedure in policy 4.01 Code of Student Conduct.) Any staff member who becomes aware of an allegation of the sexual harassment of a student shall immediately report that allegation to the school administration or to the Office of Professional Standards, or the Office of Equal Opportunity, whether or not the staff member feels the allegation is well founded.

(4) All complaints will be investigated promptly, in a fair and adequate manner. No retaliation against individuals who file complaints in good faith will be tolerated. An attempt will be made to complete the investigation within 30 days although certain cases may take longer because of unavailability of witnesses, vacation or other school holidays or other extenuating circumstances. Confidentiality will be protected to the extent possible.

(5) A substantiated charge against a staff member in the district shall subject such staff member to disciplinary action, including discharge.

(6) A substantiated charge against a student in Pinellas County Schools shall subject that student to disciplinary action for serious misconduct, including expulsion.

(7) Dissemination

(a) Copies of this policy will be disseminated to every work site and posted in a location accessible to all students and staff.

(b) Employees will be given a copy of this policy and will sign that they received a copy as part of the hiring process.

(8) Training

(a) New employee orientation training shall include a component on the harassment policy.

(b) All administrators and supervisors are responsible for assuring that their staff members are familiar with the policy on harassment and that new employees are oriented as necessary throughout each school year.

(c) As part of the review of the Code of Student Conduct at the beginning of the school year, this policy will be discussed in student classes, school advisory councils, and parent and teacher associations. Students enrolled after the beginning of the school year will be provided a copy of the Code of Student Conduct and advised of this policy.

(9) School District Title IX Coordinator

(a) The Assistant Superintendent for the Office of Equal Opportunity is the Title IX Coordinator and will insure that School Board policies concerning sexual harassment are implemented.

(b) The Title IX Coordinator's address is: 301 – 4^th Street SW, Largo, Florida, 33770.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights act of 1964

History: New 12/9/92; Amended 8/9/94, 6/30/98, 5/27/03

Note: Former 6Gx52-5.29 (changed 6/30/98)

8.241 PROHIBITION OF HARASSMENT

(also see 8.24 GUIDELINES TO PREVENT SEXUAL HARASSMENT)

(1) Harassment on the basis of an employee's or student's race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, disability, sexual orientation, physical attributes, personal attributes or social and family background or that of his/her relatives, friends or associates, constitutes discrimination in the terms, conditions and privileges of education or employment and is prohibited. The Pinellas County School Board provides a working and education environment free for employees and students from discriminatory intimidation, insult, and ridicule, and takes action to eliminate such practices or remedy their effects.

(2) Definition:

(a) Harassment is verbal or physical conduct that denigrates or shows hostility toward an individual because of his/her race, color, religion, sex, age, national or ethic origin, political beliefs, marital status, disability, sexual orientation, physical attributes, personal attributes or social and family background or that of his/her relatives, friends or associates, and that:

1. has the purpose or effect of creating an intimidating, hostile, or offensive environment;

2. has the purpose or effect of unreasonably interfering with an individual's performance;

3. otherwise adversely affects an individual's education or employment.

(b) Harassing conduct includes, but is not limited to, the following:

1. epithets, slurs, negative stereotyping or threatening, intimidating or hostile acts that relate to his/her race, color, religion, sex, age, national or ethic origin, political beliefs, marital status, disability, sexual orientation, physical attributes, personal attributes or social and family background or that of his/her relatives, friends or associates; and

2. written or graphic materials that denigrate or show hostility toward an individual or group because of his/her race, color, religion, sex, age, national or ethic origin, political beliefs, marital status, disability, sexual orientation, physical attributes, personal attributes or social and family background or that of his/her relatives, friends or associates and that is placed on walls, bulletin boards, or circulated in schools or departments.

1. Student to student harassment

2. Staff/faculty to student harassment

3. Third party harassment of students

4. Employee to employee harassment

5. Supervisor to employee harassment

6. Same sex harassment

7. Male to female harassment

8. Female to male harassment

(3) Reporting:

(a) Adult victims of harassment should follow the procedure in policy 8.242 EMPLOYEE COMPLAINTS BASED UPON ALLEGED DISCRIMINATION/HARASSMENT.

(b) Students who are victims of harassment by other students should report the situation to the teacher, assistant principal or principal. Students who are victims of harassment by employees or volunteers should immediately report the situation to the assistant principal, principal, area superintendent, Office of Professional Standards, or the Office of Equal Opportunity. (See also the Grievance Procedure in policy 4.01 Code of Student Conduct.)

(c) Any staff member who becomes aware of the harassment of a student shall immediately report it to the school administration or to the Office of Professional Standards, or the Office of Equal Opportunity.

(d) Complaints will be investigated in a fair and adequate manner.

(e) No retaliation against individuals who file complaints in good faith will be tolerated.

(f) Confidentiality will be protected to the extent possible.

(g) A substantiated charge against a staff member in the district shall subject such staff member to appropriate disciplinary action.

(h) A substantiated charge against a student in Pinellas County Schools shall subject that student to appropriate disciplinary action.

(4) Dissemination

(a) Copies of this policy will be disseminated to every work site and posted in a location accessible to all students and staff.

(b) Employees will be given a copy of this policy and will sign that they received a copy as part of the hiring process.

(5) Training

(a) New employee orientation training shall include a component on the harassment policy.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Title IX of the Education Amendments of 1972 and Title VII of the Civil Rights act of 1964, Age Discrimination in Employment Act of 1967, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990, 6B-1.006(3)(g) SBE Rules.

History: New 4/27/99; Amended 5/27/03, 7/27/04

8.242 EMPLOYEE COMPLAINTS BASED UPON ALLEGED DISCRIMINATION/HARASSMENT

(1) The normal procedure to be followed by each employee regarding a complaint or problem related to allegations of discrimination/harassment, in personnel practices is to discuss the matter in a personal conference with his/her principal or supervisor. Applicants for employment, who have alleged discrimination/harassment complaints, shall be directed to the Office of Equal Opportunity (OEO).

(2) In the event an employee intends to register a complaint based upon alleged discrimination/ harassment, remedies should be sought through administrative channels before resorting to other means of resolving disputes. The Board expects both employees and their supervisors to make every reasonable effort to resolve such conflicts. Confidentiality will be protected to the extent possible. The following procedures are intended to facilitate these administrative remedies.

(a) Employees should first express their complaints to their immediate supervisors within 90 days. However, as an alternative, employees may wish to involve the OEO to assist them at this informal level. If a resolution to the complaint can be reached at this level, no further action is to be taken.

(b) If no resolution is reached between the employee and the immediate supervisor (with or without the involvement of the OEO), the employee should file with the OEO a formal written complaint within 180 days of the incident requesting an investigation concerning the alleged discrimination/harassment. The OEO shall notify the supervisor of the accused party or parties in writing when a formal written complaint has been filed. The complainant may contact the Office of Professional Standards (OPS) as an alternate first point of contact instead of the OEO. The alternate first point of contact will follow the same procedures as required by the OEO administrator.

(c) The OEO administrator shall conduct a fair and impartial investigation into the alleged discriminatory practice and shall keep all parties involved fully apprised of the status during the investigation.

(d) Upon receipt of the formal written complaint of discrimination/harassment by the OEO, written acknowledgement of receipt of the complaint shall be forwarded to the complainant within 5 working days. This acknowledgement shall identify the OEO administrator responsible for the investigation of the complaint.

(e) The OEO administrator will, within 5 working days after acknowledging receipt of the formal written complaint, interview the complainant to obtain any additional information needed to clarify the complaint. If circumstances prevent the interview from occurring within 5 working days, the interview will occur in a timely manner.

(f) The OEO administrator, at this point, may inquire of the complainant as to a possible resolution of the complaint. If the complainant is amenable to a resolution of the complaint, the OEO administrator shall begin discussion regarding a resolution. If an acceptable resolution cannot be reached, within 30 working days after the receipt of the initial formal written complaint, the complaint shall be further investigated.

(g) Before concluding the investigation of the complaint, the accused shall be advised of the existence of the receipt of the complaint and advised that any interference in the investigation or any retaliation against the complainant will subject the accused to disciplinary action. The accused shall be given an opportunity to respond to the complaint. Such response shall be made to the OEO administrator either orally or in writing.

(h) If the investigation proceeds further, the investigation shall include but not be limited to investigating all allegations by the complainant and the accused, interviewing any witnesses, including coworkers and supervisors, and taking statements from witnesses and other persons who may be able to provide valid and relevant information. Upon completion of the investigation, the OEO administrator shall issue a determination and communicate the determination to the complainant and to the accused party or parties. The determination may also be provided to other persons such as the appropriate supervisor.

(i) The complainant may request a review of the determination by notifying the OEO administrator within 5 working days after receiving the determination. The OEO administrator will submit the request to the Associate Superintendent of Human Resources & Public Affairs for review. The Associate Superintendent of Human Resources & Public Affairs will review the facts of the case but will not reinvestigate the complaint.

(j) Within 30 working days following receipt of the complainant's request for review, the Associate Superintendent of Human Resources & Public Affairs shall render a written decision.

(k) A substantiated charge against a Board employee may subject such employee to disciplinary action subject to applicable procedural requirements.

(l) Retaliation against an individual for filing a complaint, or against an individual providing information regarding such a complaint is prohibited and may be grounds for disciplinary action.

(m) The use of these complaint procedures shall not prohibit the complainant from seeking subsequent redress from other available state or federal sources.

(n) The OEO administrator may consult with the Board's Staff Attorney at any step of the procedures to seek legal counsel and clarification of any legal issues.

(o) In each and every case involving matters of alleged discrimination, all steps shall be followed in a timely manner.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: Title VII of the Civil Rights Act of 1964, as amended in 1972; Title IX of the 1972 Education Amendments; The Florida Human Rights Act of 1977, 760.01, et seq. F.S.; The Florida Educational Equity Act of 1984, 1000.05, F.S., Americans With Disabilities Act

History: New 11/17/71; Revised 12/18/74; Amended 5/10/78, 4/9/86, 2/25/87, 8/8/90, 6/30/98, 5/27/03, 8/24/04, 6/20/06

Note: Former 6Gx52-5.13 (changed 6/30/98); 8.12 (changed 5/27/03)

8.25 DISCIPLINARY GUIDELINES FOR EMPLOYEES

(1) The school district generally follows a system of progressive discipline in dealing with deficiencies in employee work performance or conduct. Progressive discipline may include, but is not limited to, verbal or written counseling or caution, written reprimand, suspension without pay and dismissal. The severity of the problem or employee conduct will determine whether all steps will be followed or a recommendation will be made for suspension without pay or dismissal. When there is a range of penalties, aggravating or mitigating circumstances will be considered. Support Services probationary employees sign an "At Will" statement that says: During the probationary period the employee will not be eligible for certain benefits as defined by the applicable collective bargaining agreement and may be terminated at the will and discretion of the Pinellas County School Board without advance notice or a right to a hearing. The following offenses, when constituting grounds for discipline under Section 231.36, Florida Statutes shall have the following penalties:

OFFENSE		PENALTY RANGE
(a) Inappropriate Sexual Conduct Including, but Not Limited To Lewd and Lascivious Behavior, Indecent Exposure, Solicitation of Prostitution, Sexual Battery, Possession or Sale of Pornography Involving Minors, Sexual Relations With a Student		Dismissal
(b) Possession, Sale, Use or Being Under the Influence of Controlled Substances		Dismissal
(c) Committing or Conviction* of a Criminal Act - Felony		Suspension-Dismissal
(d) Committing or Conviction* of a Criminal Act‑Misdemeanor		Reprimand-Dismissal
(e) Possession of Guns or Weapons on School Board Property		Suspension-Dismissal
(f) Alcohol Related Offenses		Reprimand-Dismissal
(g) Driving Under the Influence of Alcohol		Reprimand-Dismissal
(h) Misuse of Corporal Punishment or Inappropriate Method of Discipline		Caution-Dismissal
(i) Falsification or Alteration of Employment Paperwork, District Forms or Documents or Certification		Reprimand-Dismissal
(j) Incompetence		Reprimand-Dismissal
(k) Using Position for Personal Gain		Caution-Dismissal
(l) Harassment or Discrimination of a Student on the Basis of Race, Color, Religion, Sex, Age, National or Ethnic Origin, Political Beliefs, Marital Status, Disability, Sexual Orientation or Social and Family Background		Reprimand-Dismissal
(m) Harassment or Discrimination Which Interferes With an Individual’s Performance of Professional or Work Responsibilities or With the Orderly Processes of Education or Which Creates a Hostile, Intimidating, Abusive, Offensive, or Oppressive Environment		Caution -Dismissal
(n) Inappropriate or Disparaging Remarks To or About Students or Exposing a Student to Unnecessary Embarrassment or Disparagement		Caution-Dismissal
(o) Inappropriate Relationship With a Student		Reprimand-Dismissal
(p) Inappropriate Interactions with Colleagues Including, But Not Limited To, Physical or Verbal Altercation		Caution-Dismissal
	(q) Misappropriation of Funds or Theft of Personal Property	Caution-Dismissal
	(r) Excessive Absenteeism or Tardiness	Caution-Dismissal
	(s) AWOL or Abandonment of Job	Caution-Dismissal
	(t) Failure to Correct Performance Deficiencies	Caution-Dismissal
	(u) Insubordination, Which is Defined as a Continuing or Intentional Failure to Obey a Direct Order, Reasonable in Nature, and Given By and With Proper Authority	Caution-Dismissal
	(v) Misconduct or Misconduct in Office	Caution-Dismissal
	(w) Unauthorized Use, Theft or Vandalism of School Board Property	Caution-Dismissal
	(x) Failure to Comply With School Board Policy, State Law, or Appropriate Contractual Agreement	Caution-Dismissal
	(y) Safe Driver Plan (Transportation Department Only)	Caution-Dismissal
	(z) Smoking on School Board Property	Caution-Dismissal

*Conviction is defined as a finding of guilt, a plea of guilty, a plea of nolo contendere, or entering a Pre-Trial Intervention program, whether or not there is a formal adjudication of guilt.

(2) Failure to include a particular act or type of conduct does not preclude the Board from disciplining an employee for such omitted act or conduct if it otherwise constitutes one of the grounds listed in Section 231.36 F.S.

(3) The following aggravating and mitigating factors or circumstances will be considered when determining the appropriate penalty within a penalty range:

(a) The severity of the offense

(b) Degree of student involvement

(d) The number of repetitions of the offenses and length of time between offenses

(e) The length of time since the misconduct

(f) The number of times the employee has been previously disciplined by the district as well as the type of discipline

(g) The contributions of the employee

(h) The actual damage, physical or otherwise, caused by the misconduct

(i) The deterrent effect of the discipline imposed

(j) Any effort of rehabilitation by the employee

(k) The actual knowledge of the employee pertaining to the misconduct

(l) Attempts by the employee to correct or stop the misconduct

(m) Related misconduct by the employee in other employment including findings of guilt or innocence, discipline imposed and discipline served

(n) Actual negligence of the employee pertaining to any misconduct

(o) Pecuniary benefit or self-gain to the employee realized by the misconduct

(p) Degree of physical and mental harm to a student, co-worker or member of the public

(q) Length of employment

(r) Whether the misconduct was motivated by unlawful discrimination

(s) Any relevant mitigating or aggravating factors under the circumstances

(t) Employee's Evaluation

(4) Prior to imposition of suspension without pay as the final penalty or dismissal, employees shall be entitled to due process including an administrative hearing before an impartial administrative hearing officer as provided under the Administrative Procedures Act (Chapter 120, Florida Statutes) and shall be entitled to all the rights provided under that Act including the right to be represented by counsel.

(5) Because of the different standards of proof between criminal proceedings and administrative proceedings, the outcome of a criminal proceeding does not necessarily have an impact on administrative proceedings.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.36 and 120.57 F.S.; 6B-1.01 and 6B-1.006 SBE Rules.; 6Gx52-5.06, 6Gx52-5.25, 6Gx52-5.26, 6Gx52-5.27, 6Gx52-5.29, 6Gx52-6.22 and 6Gx52-7.12 School Board Policies

History: New 5/23/95; Amended 6/30/98

Note: Former 6Gx52-5.31 (changed 6/30/98)

8.26 EMPLOYEE BENEFITS

(1) Benefit Program

The Board provides a comprehensive Flex (Cafeteria) Plan which includes but is not limited to health, dental, life, optical, accidental death and dismemberment and income protection insurance. Dependent care reimbursement and health care reimbursement accounts are also available.

(2) Flex Plan

The Flex Plan includes an IRS Section 125 premium conversion option which enables employees to pay their portion of most insurance premiums on a pre-tax basis. Enrollment in the Flex Plan is automatic for eligible employees and participation continues from year to year, unless the risk management and insurance department is notified by the employee in writing to cancel participation. The cancellation request must be received by the department within thirty (30) days of a qualifying life event or during the annual open enrollment period.

(3) Eligibility

Regular employees who work at least thirty (30) hours per week and job-share employees are eligible for benefits.

(a) Initial Enrollment: Enrollment and change forms are due in the risk management and insurance department within thirty (30) calendar days of hire or change of eligibility status. Coverage becomes effective the first day of the month following sixty (60) days of employment in an eligible benefit status.

(b) Open Enrollment: The Board provides an annual open enrollment period during which an employee may add, cancel, or change coverages. If no action is taken by the employee to change coverages, previous coverages will continue for the next calendar year.

(4) Board Contribution

(a) The Board contributes toward the cost of certain employee benefits each pay period during the school year in which a paycheck is earned. In any period during which a paycheck is not earned, the employee will owe both the Board contribution amount and normal insurance deductions. Board contribution amounts vary and are negotiated annually.

(b) When an employee chooses health insurance coverage, the Board contribution amount is automatically credited toward the per-pay-period health insurance premium. If an employee does not select health insurance coverage, the employee may apply the allotted Board contribution toward the purchase of supplemental insurance benefits. Board contribution may not be used to purchase voluntary term life insurance or deposited into a spending account. Board contribution is not cumulative, and Board contribution not used is forfeited. Eligible married Board employees, both working for the Board, who wish to be covered by the same health insurance plan and who have at least one additional dependent (total of three (3) persons), may select the two Board family option. Eligible married Board employees who do not have additional dependents must choose separate, single plans.

(5) Basic Board Life and Accidental Death and Dismemberment Insurance

The Board provides basic term life insurance to eligible employees as follows:

One times contract salary rounded up to nearest one thousand dollars with a minimum benefit of $15,000 and maximum benefit of $175,000.

The Board also provides $2,000 in accidental death and dismemberment coverage at no cost to all employees eligible for Board life.

(6) Insurance Deductions

Premiums for insurance plans are due in advance, therefore deductions begin the month before the insurance effective date. Deductions are taken over twenty (20) pay periods with no scheduled deductions taken in the summer. (This applies to all eligible employees.) Enrollment in a Board benefit plan authorizes the Board to payroll-deduct any and all required insurance premium(s).

(7) Changes in Coverage

In accordance with IRS regulations and carrier guidelines (see Flex Plan #2) employees may make certain changes in coverage during the plan year if a change in family status (life event) occurs. A completed Enrollment and Change form with supporting documentation must be received by risk management and insurance within 30 days of the following qualifying events: marriage, divorce, birth or adoption of child, spouse starts or stops employment, employee or spouse begins or returns from leave, employee or spouse change employment status, employee or spouse experience a significant change to health insurance coverage or dependent attains or loses plan eligibility. Changes in coverage will be effective the first day of the month following the qualifying event and receipt of the appropriate forms by risk management.

(8) Termination of Coverage

Insurance coverage ends the last day of the month in which an employee no longer meets eligibility requirements or terminates employment.

(9) Waiver of Board Health Insurance Premium

If an employee cannot work because of total disability and all available sick leave and vacation time has been used, and the employee does not qualify for Family Medical Leave (FMLA), the employee may apply for waiver of the premium while on an approved unpaid leave of absence. Employees must apply for the waiver within thirty (30) days of the date of eligibility notification from the risk management and insurance department. If the employee is approved for waiver, the Board will pay for the total cost of health insurance for up to two years. Waiver of premium documentation must be submitted at least every six months or upon request. Failure to provide this documentation will result in cancellation of the waiver of premium option.

(10) Leave of Absence

(a) While on an approved, non-FMLA, unpaid leave of absence, employees are required to pay the entire cost of all insurance plans, including Board paid life insurance in order for coverages to continue. Payment must be received by the risk management and insurance department by the first of each month. Insurance coverages will be canceled for nonpayment if full payment is not received by the due date. When an employee is on an approved Family Medical Leave (FMLA), the employee is responsible only for payment of the portion of premium(s) the employee normally pays. Nonpayment of premiums will result in cancellation of coverage.

(b) Suspension Without Pay

1. While on suspension without pay, an employee is considered to be on unpaid leave of absence. As such, the employee is entitled to maintain insurance coverage by paying the total cost of insurance.

2. If the employee elects to continue insurance and is reinstated, the employee will be refunded the Board contribution paid during the period of suspension.

3. If the employee elects to continue insurance and is not reinstated, the insurance will terminate the last day of the month in which the employee is dismissed.

4. If the employee chooses not to continue insurance and is reinstated, insurance will be reinstated the first of the month following the date of the final order and the employee will be responsible for any regular employee contribution.

(11) Retiree Insurance

An employee who retires with ten or more years of service and elects to receive a state retirement check may participate in the retiree insurance program.

Benefit election must be made within thirty (30) days of the effective date of retirement. Employees who do not enroll at retirement shall be ineligible for future participation in the Board insurance program.

Retirees may continue the health insurance in effect at the time of retirement. Life insurance benefits may be continued or decreased but may not be increased. Life insurance benefits are subject to age reduction formulas as determined by the carrier. Retirees may also maintain dental coverage only as allowed by the provider and may also maintain coverage in the vision plan. Accidental death and dismemberment and voluntary term life insurance benefits may be continued as an individual contract subject to insurance company procedures. Income protection coverage ends upon retirement. Retirees may make changes in coverage due to a change in family status in accordance with carrier guidelines.

(12) Employee Assistance Program

(a) The Board provides an Employee Assistance Program (EAP) to all part and full-time employees, retirees, and family members living with an employee or retiree, to assist those experiencing personal difficulty. Employees, retirees and family members may utilize the EAP even if they are not enrolled in the Board health plan.

(b) Participation in the EAP is voluntary and all records and discussions with the EAP are confidential. Information regarding the EAP is available through the Risk Management office.

(13) Tax Deferred Annuity Program

Pinellas County Schools provides eligible employees an optional tax deferred annuity program. The Board is not responsible for the actions of nor recommends any company or investment product. Contributions must be made through payroll deduction and are considered a salary reduction. Employees are allowed up to four monetary changes each calendar year. Change requests must be in writing on the appropriate form to the attention of Risk Management and Insurance. Cancellations also must be in writing.

(14) Workers’ Compensation

(a) The Board provides Workers’ Compensation benefits pursuant to Florida Statute, Chapter 440. Workers’ Compensation indemnity benefits paid in combination with an employee’s sick leave or vacation time shall not exceed the employee’s bi-weekly salary.

(b) The Board provides light or modified duty for any employee returning to work after a job-related illness or injury when possible. Reasonable accommodations will be made in accordance with restrictions of the authorized treating physician. The employee is required to report for work on the day indicated by the authorized treating physician.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 112.21, Ch. 440, 447.309 F.S.

History: New 6/30/98, Amended 2/13/01

Note: Portions were rewritten from 6Gx52-4.02 (changed 6/30/98).

8.27 INSURANCE, SAFETY AND LOSS PREVENTION

(1) Accident Insurance

The Board has approved an optional accident insurance plan for students and employees. This coverage is mandatory for student participation in certain school sponsored activities. (Reference Chapter 4, extra-curricular activities, insurance requirements.)

(2) Property and Equipment

(a) District Owned

1. The Board is self insured for property losses to its buildings, equipment and other property as reported on the principal’s inventory and fixed assets inventory. The Board’s self insurance program is excess over any valid and collectible insurance coverage. The Board maintains a conventional property insurance program on an excess basis for larger losses to real and business property.

2. The principal, or other employee so designated by the Superintendent, (or designee) shall be responsible for all Board owned equipment assigned to the work site or department. Employees will not be held personally responsible for equipment which is assigned to the employee to be used in the normal course and scope of their employment, unless the damage or loss of said equipment is the result of the employee’s malicious purpose or actions, wanton and willful disregard or negligence in regard to human rights, safety or property.

3. All school buses shall be protected through the Board’s insurance program against loss or damage pursuant to Ch. 234.03 F.S. Medical expenses of students injured while riding a school bus shall be covered in accordance with Florida Auto insurance statutes. The Board shall maintain excess medical expense coverage for school bus passenger injuries of up to $500 per person per occurrence which will coordinate with family insurance policies. The Board reserves the right to subrogate against at-fault parties to recover any expenses paid.

(b) Personal and business property of others: The Board is not responsible for property of staff, students, visitors, or the general public that is lost, stolen or damaged in any way. Anyone bringing personal property onto school board property does so at his own risk. Employees or agents of the Board may not assume responsibility for the personal or business property of others without prior authorization by the Superintendent (or designee).

(3) Use of Privately Owned Vehicles

(a) The owner or driver of a privately owned vehicle being used for Board business must have a valid Florida Driver’s License and carry insurance as required by Florida Statutes. The owner assumes all risk for losses which may occur while the vehicle is being used for Board business, including the payment of any deductibles. The owner will be responsible for any property damage and personal injury losses to a third party. The Board assumes no liability for such losses.

1. It is the vehicle owner’s responsibility to ensure proper maintenance and safe operation of personal vehicles used for Board business. The owner is entitled to mileage reimbursement in accordance with policy 7.17. A portion of this reimbursement covers insurance costs and the risk associated with using a personal vehicle for Board business.

2. If the employee is injured while driving his/her vehicle on Board business, the employee will be covered under workers compensation if it is determined that he/she was acting in the course and scope of his/her employment. This determination will be made by the district’s third party administrator in accordance with Florida Statutes.

(b) Privately owned vehicles, except pickup-trucks, motorized cycles, soft or open top vehicles (such as convertibles, jeep types, etc.), may be used to transport students for field trips and related school activities. Vehicles must be registered, insured and in good working order as determined by school personnel.

(d) Additional safety recommendations may be suggested or required by the risk management and insurance department.

(4) Safety and Loss Prevention

(a) There shall be established within the Pinellas County school system a comprehensive safety and loss control program to provide for the safety of students, employees and the public and the protection of Board property. Such a program shall comply with Administrative Rules of the Florida State Board of Education, and applicable Federal, State and local laws.

(b) Principals and department heads are responsible for student, employee and visitor safety and for maintaining safe and sanitary conditions in facilities under their jurisdiction. All injuries to students, employees and visitors must be reported to risk management.

(c) The area plant operations supervisor shall be responsible for fire, casualty, and sanitation inspections at all facilities, and proper placement and maintenance of fire extinguishing equipment.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22(2), 234.03, 447.309, 447.603, 768.28 F.S., 6A-2, 6A-3 SBE Rules..

History: New 6/30/98; Amended 2/13/01, 2/25/03

Note: Former (portion) 6Gx52-4.02(changed 6/30/98)

8.28 TEACHER CERTIFICATION STANDARDS

In the absence of Florida Statutes or State Board of Education Rules mandating teacher certification requirements, the superintendent is directed to establish and keep in force procedures for appropriate certification guidelines entitled "School Board of Pinellas County Certification Standards." The provisions of the Standards shall apply to all teaching certificates issued for grades K-12 by the Pinellas County Schools. With the reinstatement of state-mandated certificates, all such certificates issued by the Pinellas County Schools shall become null and void.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 (5) F.S.

History: New 12/11/85; Amended 6/30/98

Note: Former 6Gx52-6.02 (changed 6/30/98)

8.29 REQUIREMENTS AND PROCEDURES FOR INITIAL APPOINTMENT

(1) Except as otherwise provided for in Florida Statute, applicants for teaching positions must be eligible for a Florida Certificate and qualified for the positions for which they are recommended. Appointments shall be made only after recommendation of the Superintendent (or designee) and approval of the Board.

(2) The superintendent (or designee) shall have authority to make appointments to approved positions, including those for which salary supplements are paid, and to approve compensation therefore at the rate provided in the currently adopted salary schedule, pending action by the board.

(3) The Superintendent’s designee may offer contracts to outstanding applicants as early as November in anticipation of openings for the following school year.

(4) Persons employed in the summer programs shall have the following qualifications:

(a) Hold a valid Florida certificate;

(b) Be qualified by training and experience;

(c) Be regularly employed in the school system for the previous ten (10) months, unless there are insufficient applicants; in which case, teachers newly employed in this school system may be considered;

(d) Be reappointed to teach in the Pinellas County School System for the following school year;

(e) Be free of the obligation for active military service during the summer program.

(5) Elementary Teachers: Priority shall be given to the employment of elementary school teachers who are competent to teach reading and/or mathematics skills and concepts. The board may require newly appointed elementary teachers to participate in staff development activities up to twelve (12) hours in reading, language arts, mathematics, science and social studies. Such training shall be given outside regular school hours at no cost to the teacher.

(6) The Superintendent (or designee) is authorized to recommend for instructional positions persons who possess expert skill in or knowledge of a particular subject or talent but who do not hold Florida teaching certificates. The salary for each such person shall be paid on the teachers' salary schedule. The rank shall be set by the superintendent, according to the education and training of the person. Such person shall be accorded all benefits of certificated instructional personnel, except as specified by laws, State Board of Education Administrative Rules, and Policies of the board. Stipulations specified in State Board of Education Rule 6A-1.0502 shall be considered to be included in this policy. The superintendent shall call to the board's attention on the personnel list all such persons being hired under this provision, together with a rationale for the appointment.

(7) Adjunct instructors may be employed in accordance with Florida Statutes, State Board of Education Rules, and the Policies of the School Board. Adjunct instructors may be employed to teach in areas in which there exist critical shortages of qualified instructors, but an adjunct instructor shall not be hired to fill a position for which a qualified instructor is available. The following rules shall apply:

(a) An adjunct instructor shall not be eligible for membership in the bargaining unit.

(b) An adjunct instructor may be employed on an annual, daily, or part-time hourly basis, and shall not be eligible for a professional services contract.

(8) Each new teacher, prior to being recommended for an initial regular certificate, shall satisfy all legal requirements for the yearlong Professional Orientation Program. Such program shall be conducted in accordance with Florida Statutes, State Board of Education Rules, and the school board's plan approved by the State Board of Education.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2), 230.33 (7) (f), 231.15, 231.17, 231.251, F.S.; 6A-1.0502, 6A-1.0503, 6A-4.004, 6A-5.075, SBE Rules.

History: New 7/12/50; Amended 3/15/53, 5/22/57, 7/22/59, 7/12/61, 7/28/65, 11/17/71, 2/27/74, 6/26/74, 7/24/74; Revised l2/l8/74; Amended 5/10/78, 9/9/82, 1/16/85, 5/8/85, 10/25/89, 9/12/90, 6/30/98, 2/26/02

Note: Former 6Gx52-6.03 (changed 6/30/98)

8.30 RECRUITMENT INCENTIVE PROGRAM

(1) In order to attract employees for teaching positions in Pinellas County Schools in areas for which applicants are especially critical, the Board establishes a recruitment incentive program. In negotiating a contract with prospective quality instructional personnel for teaching areas which have previously been designated by the Board as "critical shortage areas," the Superintendent’s designee is authorized to approve for each such employee a grant not to exceed $1,000 for actual moving expenses incurred by such employee in relocating to Pinellas County.

(2) The following procedures concerning the recruitment incentive program shall be used when hiring teachers in "critical shortage areas."

(a) A prospective employee, with a binder contract, may request a grant for reimbursement of moving expenses. Upon relocation to Pinellas County, the prospective employee shall file an Out of County Travel Voucher with the personnel department identifying moving expenses and providing original receipts.

(b) The director of instructional personnel, assistant superintendent for human resources, and the associate superintendent for human resources shall review each request, determine the appropriate moving expenses to be covered, and submit a recommendation to the Superintendent (or designee) for approval. The approved amount shall not exceed $1,000.

(c) The director of instructional personnel shall forward the Out of County Travel Voucher to accounts payable and request payment of the dollar amount approved by the superintendent for each prospective employee.

(d) Failure of the prospective employee to fulfill the contract with the Board shall require repayment of all financial assistance provided.

(e) Prospective employees who are eligible to receive reimbursement through the recruitment incentive program shall be identified with an asterisk on the Board list of personnel recommendations.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23(5)(h) F.S.

History: New 3/8/89, 8/8/90, 5/11/94; Amended 6/30/98

Note: Former 6Gx52-6.04 (changed 6/30/98)

8.31 ASSESSMENT OF INSTRUCTIONAL, ADMINISTRATIVE AND SUPERVISORY PERSONNEL

(1) It is the intention of the Board that personnel assessment be a means of determining the suitability of probationary personnel who are being considered for reemployment and of the retention of continuing and professional service contract personnel.

(2) An assessment of the performance of duties and responsibilities of all instructional, administrative, and supervisory personnel shall be made each year except as provided elsewhere in this section. The essential reason for such assessment is improvement, insofar as possible, for each member of the staff. It is the desire of the board that any weakness in personnel shall be corrected subsequent to such assessment. Wherever possible, personnel shall be aided by the supervisors in improving their performance. Supervisors shall be frank and honest with the persons they supervise. Employees have the right to be treated fairly by their supervisors and to be told as soon as possible of any deficiencies in their performance. Such a relationship between and among the supervisor and the persons being supervised should bring about an atmosphere of pleasant working conditions, good employee morale, and the kind of atmosphere that is best for the students of the schools.

(3) The Superintendent (or designee) and the Board shall use the assessment for the purpose of improving education and reviewing contractual status.

(4) Any employee failing to meet standards expected by the Board and thus receiving an unsatisfactory assessment may not be recommended for continuation as a member of the professional staff.

(a) A written record of the assessment of each employee shall be made at least once a year and maintained in the personnel office.

(b) Such assessment shall be made by the principal or person directly responsible for the supervision of the employee. Each principal (or designee) shall make at least two visits per year in the classroom of each teacher on annual contract status.

(c) During the pre-school period each year the principal shall explain to the entire staff the criteria, purpose and procedure for assessment.

(d) At least one personal conference shall be held with each employee during the school year prior to submitting the written assessment. It is highly desirable that this conference be held with the principal or supervisor; however, when circumstances make this impossible, the principal or supervisor may delegate one of the assistant administrators to hold such a conference. The principal or supervisor shall hold a conference with any employee who is dissatisfied with the results of the earlier conference with any of the subordinates of the principal or supervisor.

(e) The written report of the assessment for each employee shall be shown to, and discussed with, the employee by the person responsible for preparing the report. Each report shall be signed by the principal and any other person who has prepared the assessment. An employee shall have the right to request an appeal of an evaluation through the area superintendent when overall ratings of less than "meets expectations" have been administered.

(f) The signature of the employee on the written report of the assessment shall indicate only that the person who has been assessed has read the report. It does not indicate that the employee necessarily agrees with the content of the report.

(g) The assessment of each employee shall include discussion of the employee's strengths and weaknesses in application and knowledge of board policy.

(h) All instructional personnel who provide their services through licensure, rather than an educator’s certificate, shall be entitled to be evaluated only once per year after completing three (3) years of service in the system. Further, any alternative or optional evaluation systems available to teachers on professional service or continuing forms of contract, will also be available to teachers working under licensure, if the teacher is otherwise eligible and has completed three (3) years of service as an instructor for the district.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.29 (2) F.S.

History: New 7/12/50; Amended 3/15/53; Revised 7/22/59; Amended 7/28/65, 7/31/68, 11/17/71; Revised 12/18/74; Amended 5/10/78, 5/8/85, 8/22/90, 6/30/98

Note: Former 6Gx52-6.05 (changed 6/30/98)

8.32 PROFESSIONAL SERVICE CONTRACTS FOR INSTRUCTIONAL PERSONNEL

(1) Professional Service Contracts shall be issued in accordance with Section 231.36, F.S., and the State Department of Education Administrative Rules.

(2) Each member of the instructional staff who completes the following requirements on or after July 1, 1984, shall be entitled to and shall be issued a professional service contract (PSC) in the form prescribed by rules of the State Board of Education as provided herein:

(a) The member must hold a regular certificate as prescribed by section 231.17, F.S., and the rules of the State Board of Education.

(b) The member must have completed three (3) years of probationary service in the district, one (1) year of which shall be the Professional Orientation Program where required, during a period not in excess of five (5) years, except for leave duly authorized and granted; and

(c) The member must have been recommended by the Superintendent (or designee) for such contract and be reappointed by the Board on the basis of successful performance of duties and demonstration of professional competence.

(d) The PSC shall be effective at the beginning of the school fiscal year following the completion of all requirements.

(e) The period of service provided herein may be extended to four (4) years when prescribed by the Board and agreed to in writing by the employee at the time of reappointment.

(3) The Board may, but is not required to, issue a PSC to any employee who has previously held a continuing contract or a PSC in this school system. In order to be eligible for a PSC, the employee must have served satisfactorily for one (l) year subsequent to reemployment, be recommended for continued employment by the principal or immediate supervisor, and meet all other requirements of law for a PSC.

(4) A professional service contract shall be renewed each year unless the Superintendent (or designee) charges the employee with unsatisfactory performance and notifies the employee in writing, no later than six (6) weeks prior to the end of the postschool conference period, of performance deficiencies which may result in termination of employment, if not corrected during the subsequent year of employment.

(5) Any employee who holds a continuing contract may, but shall not be required to, exchange such continuing contract for a PSC.

(6) An employee who holds a continuing contract shall not receive annual notification of reappointment.

(7) An employee holding a continuing contract or a PSC as a teacher shall retain that contract status when transferred from one school to another.

(8) An employee who holds a continuing contract or a PSC who has been granted leave shall not lose contract status while on leave.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.36 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/22/59, 7/12/61, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 5/8/85, 5/8/89, 8/22/90, 6/30/98

Note: Former 6Gx52-6.06 (changed 6/30/98)

8.33 FAMILIARITY OF INSTRUCTIONAL PERSONNEL WITH STATUTES, RULES, AND POLICY

All instructional personnel are expected to be familiar with Florida Statutes, State Board of Education Rules, and Policies of the School Board of Pinellas County, Florida, which have particular reference to their responsibilities as educators. When in doubt about the existence or applicability of any such statute, rule or policy, personnel should check with the appropriate office in the school administration building. Copies of Florida Statutes and State Board of Education Rules can be obtained from county law libraries, courthouses in St. Petersburg and Clearwater and the Internet, at http://www.firn.edu./doe/rules/

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.09 (8) F.S.

History: New 7/28/65; Amended 7/31/68; Revised 12/18/74; Amended 5/10/78; Transferred from 6Gx52-3.06 5/8/85, Amended 6/30/98

Note: Former 6Gx52-6.07 (changed 6/30/98)

8.34 CONTRACTS WITH ADMINISTRATORS AND SUPERVISORS

(1) Instructional supervisors and principals who have previously earned continuing contract status in these positions shall retain such status.

(2) All administrative personnel who do not hold continuing contract status shall be issued annual notification of reappointment in lieu of a contract.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.33, 231.36 (1) F.S.

History: Formerly part of 6Gx52-6.04, transferred 5/10/78, 8/8/90; Amended 6/30/98

Note: Former 6Gx52-6.08 (changed 6/30/98)

8.35 REAPPOINTMENT OR NON-REAPPOINTMENT OF CERTIFICATED PERSONNEL NOT UNDER CONTINUING CONTRACT

(1) It is the intention of the Board that the period of probation for certificated personnel provide the school system with the opportunity to select from among those persons on probation only the finest quality personnel for employment under continuing contract. Probation is intended, not only as a means of eliminating persons who are undesirable within the teaching ranks of this school system, but also of insuring this school system against mediocrity. Administrative personnel are charged with the responsibility of recommending for continued employment only those persons who meet the desired standards.

(2) The Superintendent (or designee), principal or supervisor shall duly notify an employee when it has been determined that the employee will not be recommended for re-employment prior to any action by the Board.

(3) Reappointments: The nomination for reappointment of principals, supervisors and instructional personnel must be submitted to the Board by the Superintendent (or designee) not later than one week after the end of the regular legislative session. The Board must act on the Superintendent’s (or designee’s) recommendations not later than three weeks after the end of the regular legislative session.

(4) In case of unsatisfactory performance of duty by an employee, the principal or supervisor shall confer with the employee and shall make specific recommendations for actions the principal or supervisor believes should result in improvement. The principal or supervisor shall confer with the Office of Professional Standards during the year about the employee's performance.

(5) The Superintendent (or designee) shall notify each employee of reappointment following action by the Board.

(6) An annual contract teacher who is not to be recommended for reappointment shall be notified of this fact at least four (4) weeks before the close of the post school conference.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23, 231.36 F.S.

History: New 7/12/50; Amended 3/15/53, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 3/27/96,, 6/30/98

Note: Former 6Gx52-6.09 (changed 6/30/98)

8.36 TERMINATION OR RETURN TO PROBATIONARY STATUS OF CERTIFICATED PERSONNEL UNDER CONTINUING CONTRACT

(1) Each person to whom a continuing contract has been issued shall be entitled to continue in the same position or in a similar position in the school system at the salary schedule adopted by the Board until the position is discontinued, the person resigns, or the contractual status is changed.

(2) Any member of the administrative or supervisory staff and any member of the instructional staff, including any principal, who is under continuing contract, may be dismissed or may be returned to annual contract status for another three (3) years, at the discretion of the Board, when a recommendation to that effect is submitted in writing to the Board on or before April 1 of any school year, giving good and sufficient reasons therefore, by the Superintendent (or designee).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.36 F.S.

History: New 7/12/50; Amended 3/15/53, 11/17/71, 2/27/74, Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.10 (changed 6/30/98)

8.37 SUSPENSION AND/OR DISMISSAL OF INSTRUCTIONAL AND ADMINISTRATIVE PERSONNEL DURING CONTRACTUAL PERIOD

(1) Suspension or dismissal of instructional and administrative personnel during the contractual period shall be as provided by law.

(2) The Superintendent (or designee) shall promptly notify each employee who has been suspended or dismissed following action of the Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.36 (6) F.S.

History: New 5/10/78; Amended 6/30/98

Note: Former 6Gx52-6.11 (changed 6/30/98)

8.38 SUBSTITUTE TEACHERS

A substitute teacher may be employed to fill a vacancy created by the temporary absence of a regular teacher; to fill a vacancy due to the creation of a new position, pending appointment of a regular teacher; to fill a vacancy during periods of employment freezes stipulated by the Superintendent (or designee); or to complete a period of time following termination or leave of absence of a regular employee during which time it is not feasible to employ a regular teacher, as determined by the appropriate personnel administrator.

(1) Substitute teachers shall be paid in accordance with the approved substitute teachers' salary schedule.

(2) Except for persons serving as substitutes for nonacademic CTAE teachers, a substitute teacher shall hold a bachelor's (or higher) degree. However, when necessary, substitutes may be employed who hold an Associate of Arts (A.A.) degree or its equivalent of sixty (60) or more semester hours.

(3) Substitute teachers shall be employed from the Board-approved list of substitute teachers.

(4) Priority for employment of substitute teachers in the summer programs shall be given to regular contract teachers who applied for summer instructional positions but were not selected.

(5) A substitute teacher employed pursuant to Section (2) who teaches sixteen (16) or more consecutive days for one teacher shall be considered a long-term substitute teacher and shall be entitled to additional pay as provided by the Board-approved salary schedule.

(6) Substitute teachers have no expectancy of continuing on the list of substitute teachers and no property interest of continuing on the list and may be removed from the approved list without cause by the Superintendent (or designee). Substitute teachers will be notified of their removal from the list.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.47 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/12/61, 7/28/65, 7/31/68, 11/17/7l; Revised 12/18/74; Amended 5/10/78, 7/9/80, 5/8/85, 1/12/94 (Emergency), 2/23/94, 6/30/98

Note: Former 6Gx52-6.12 (changed 6/30/98)

8.39 CREDIT FOR PRIOR SERVICE ON SALARY SCHEDULE

(1) Except as provided in the following subsections, a maximum of eight (8) years out-of-county experience is allowed. The term "out-of-county" shall include full-time teaching experience outside the Pinellas County School System: private school teaching, military service, related work experience, out of-state and college teaching experience.

(2) A maximum of three (3) years of credit shall be allowed for service in the armed forces of the United States subsequent to January 1, 1940; and such credit shall be included in the maximum out-of-county experience provision.

(3) Former Pinellas County public school teachers who re-enter teaching service in this school system shall receive credit for all teaching experience previously granted.

(4) Full-time vocational or technical shop and technical laboratory instructors, related instructors, cooperative coordinators, vocational business teachers, DCT teachers, and other related members of the unit shall receive credit for each year required for state certification. One (l) year for each year or major fraction thereof spent full-time in the occupations shall be acceptable. Should a teacher change positions and no longer occupy a full-time unit the teacher shall lose all work experience previously granted.

(5) Hourly or part-time teaching experience in Pinellas County schools, since July 1, 1968, shall be allowed to teachers who subsequently are employed as regular full-time teachers. One (l) year of experience shall be allowed for each fiscal year in which a teacher accrues at least nine hundred (900) hours. Such experience will be in addition to out-of-county, military and related work experience, as described above.

(6) Long-term substitute teaching experience shall be allowed to teachers who subsequently are employed as regular full-time teachers. One (l) year of experience shall be allowed for each fiscal year in which a teacher accrues more than one-half (1/2) the number of days in service in place of a specific teacher (e.g. ninety-nine (99) days for a ten (10) month teacher).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.33 (7), 231.361 F.S.

History: New 7/12/50; Amended 3/15/53, 7/12/61, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 5/8/85, 2/10/88, 6/30/98

Note: Former 6Gx52-6.13 (changed 6/30/98)

8.40 LEAVES

(1) A leave is permission for an employee to be absent from duties for a specified time, and includes the right and responsibility to return to work at the end of this time. An employee who is absent without such permission or fails to return when the leave expires may be dismissed.

(2) A request for leave shall be completed by the employee on a Board-approved form, clearly stating the reasons for the absence. Leave granted for one reason but used for another without authorization of the Superintendent’s designee may be grounds for dismissal.

(3) Leaves shall be divided into two (2) categories: short term leaves, usually granted for periods not to exceed thirty (30) working days; long term leaves, usually granted for a semester, the entire school year, or the remainder of the school year.

(4) Short Term Leaves: These shall be approved by the Superintendent’s designee:

(a) Personal leave without pay may be granted for reasons approved by the Superintendent’s designee.

(b) Pre-and post-school leave: Professional leave with pay shall be granted during pre-and post-school periods for attendance at summer sessions of colleges and universities. Reasonable travel time shall also be allowed if such leaves do not interfere with the applicant's teaching duties. No leave of absence shall be granted for both pre- and post-school periods during the same summer, except that leave may be granted when an applicant may need to attend two (2) sessions of school to complete work for a degree. Professional leave for preschool shall not be granted teachers new to Pinellas County. Such leave shall be limited to a maximum of ten (10) days for ten (10), ten and one-half (10-1/2), and eleven (11) month personnel. Eleven (11) month personnel shall receive these days during the time that students are not in attendance. To the extent provided by law, twelve (12) month employees shall be granted professional leave with pay for attendance at summer sessions of college for a period up to three (3) weeks provided that suitable arrangements can be made for the performance of their duties. This may be cumulative for a second year. Not more than six (6) weeks leave shall be granted in the same year. Employees shall be expected to furnish the personnel department with evidence that the leave was used for the stated purpose.

(c) Returning employees who, because of illness or accident are unable to report for duty at the beginning of the school year, may utilize any accumulated sick leave.

(d) An employee may be required to present a certificate of illness from a licensed physician upon request of the Superintendent’s designee.

(5) Long Term Leaves:

(a) Leave without pay may be granted for a period not exceeding one (l) year. No leave, except military leave, shall be granted to an employee unless one (l) full year of satisfactory service immediately preceding the request has been completed and the employee has been recommended for reappointment for the succeeding year. Long term leaves shall be approved by the Superintendent (or designee) and the Board.

(b) No more than two (2) consecutive long term leaves for any reason shall be approved. Employees who have been granted two (2) consecutive leaves shall be required to serve not less than one-half (1/2) the number of required duty days for a school year following return to duty before being eligible for another leave.

(c) Employees on continuing/professional service contract shall retain this status during leaves provided the employees' certificates are kept valid.

(d) Under some circumstances time spent on leave may count toward retirement if contributions are continued and if other requirements of the retirement system are met.

(e) Employees on leave for one school year or less shall be returned to the same school unless there is an administrative reason for a transfer. Should a teacher return from leave before the expiration of the leave and accept placement in another school, the teacher shall not have further claim to the previous school.

(f) Upon return to duty an employee who has been on professional leave shall be placed on the same salary step as would have been applicable had the employee not been on leave. However, in the event of successive leaves, not more than one (l) such salary increment shall be granted within a five (5) year period. Experience credit shall be determined prior to granting the leave if the Board affirms that the leave will be beneficial to accomplishing the district's objectives.

(g) Employees on leave shall notify the personnel office by March 15 of their intention to return to their positions, resign, or request another leave. Employees granted leave after February 15 must notify the personnel department in writing within thirty (30) days after the date when leave was granted of their intention to return, resign, or request another leave for the following year.

1. Sick Leave: Sick leave may be granted to an employee upon submission of a physician's statement certifying the employee's inability to perform job duties. A physician's certificate of fitness, to be submitted to the personnel office at the employee's expense, shall accompany a request to return to duty.

2. Maternity Leave: Any full-time member of the instructional/administrative staff may be granted maternity leave for a period not to exceed two (2) years. Such leave will commence on the date specified by the employee and the physician, and all benefits will expire upon notification by the doctor that the employee is physically capable of performing job duties. Upon return at the end of one (l) year, the employee may be reassigned to the same position. At the conclusion of two (2) years, the employee may be reassigned to a similar position in the district. All assignments shall be contingent upon available position vacancies at the time of return.

3. Personal Leave: Personal leave without pay may be granted for reasons approved by the Superintendent’s designee. Personal leave for child care may be granted only once within a five (5) year period.

4. Professional Leave: Professional leave without pay for travel or attendance at a college or university for up to one (l) school year may be granted.

5. Sabbatical Leave: Sabbatical leave for a period up to one (l) year may be granted employees who have ten (10) or more years of service in Pinellas County Schools under the following conditions:

A planned program must be approved by the Superintendent (or designee). The request must be accompanied by a recommendation from the immediate supervisor.

a. The granting of such a sabbatical leave to an employee shall constitute a contract between the employee and the Board, which contract shall stipulate that upon termination of the leave the employee shall return to duty for a period of not less than two (2) years; or, failing this, the employee shall be obligated to pay back to the Board all salary received during the sabbatical leave.

b. Employees on sabbatical leave shall be paid at a rate of fifty (50%) percent of the salary that would have been earned had they not been on leave. Upon return to duty the employee shall be placed on the same salary step as the employee would have been had the leave not been taken; and the employee shall be assigned to the same or similar position.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.39, 231.40, 231.41, 231.42, 231.43, 231.44 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/22/59, 7/12/61, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 6/30/76, 5/10/78, 5/8/85, 11/9/88, 8/22/90, 1/9/91, 6/30/98

Note: Former 6Gx52-6.14 (changed 6/30/98)

8.41 RESIGNATION

A signed contract or notification of appointment is binding on the part of both the Board and the employee. If a resignation is submitted after June 30, the Board shall expect the employee requesting release to fulfill the contract until such time as a qualified and satisfactory replacement has been secured.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.36(2) F.S.

History: New 7/28/65; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.15 (changed 6/30/98)

8.42 TUTORING

(1) No teacher shall receive compensation for tutoring a student who is enrolled in the teacher’s class during the regular school term.

(2) No tutoring by teachers for compensation is allowed on Board property or during school time.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2) F.S.

History: New 7/12/50; Revised 12/18/74; Amended 6/30/98

Note: Former 6Gx52-6.16 (changed 6/30/98)

8.43 MEMBERSHIP IN ORGANIZATIONS

Membership in any organization shall not be a condition for employment in Pinellas County Schools.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2) F.S.

History: New 7/12/50; Amended 7/13/55, 5/22/57; Revised 7/22/59; Amended 7/28/65, 7/31/68; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.17 (changed 6/30/98)

8.44 RETIREMENT

Any regular employee who is not already a member of a state retirement program, shall be a member of the Florida Retirement System.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 121.011 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 5/22/57, 7/22/59, 7/28/65, 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.18 (changed 6/30/98)

8.45 ACADEMIC FREEDOM

(1) It is the rightful duty of a qualified teacher to encourage within students a never ending search for truth in its many forms. Such a search may inevitably lead to areas of controversy. It is the belief of the Board that discussion of such issues, dealing with local, state, national and international affairs, shall be encouraged.

Free, logical, and intelligent dialogue within the classroom is a necessity in the search for truth. Such freedom of expression should be viewed, not simply as a constitutional guarantee, but as a fundamental necessity for the successful practice of scholarship in a free society. All sides of such controversial issues shall be presented.

(2) It is recognized that the application of this principle in a K-12 program differs somewhat from its application at higher educational levels. Teachers shall consider the relative level of maturity of their students and their need for guidance in the study of such issues to arrive at objective and balanced views.

(3) Teacher Use of Potentially Controversial Material

(a) It is the responsibility of the teacher (or other instructional staff member) who intends to use materials that may be considered offensive to reasonable persons within the community, to notify the school principal of the potentially controversial materials.

(b) It is the responsibility of the principal or principal’s designee to assist the teacher in devising methods to minimize or eliminate controversial materials. It is the principal’s responsibility to insure that the materials used are appropriate and consistent with the Sunshine State Standards for the course.

(c) If the teacher disagrees with the principal’s determination, the teacher may appeal to the District First Amendment Review Committee appointed by the Associate Superintendent for Curriculum and Instruction and composed of two representatives from the County Council of PTAs, two (2) members representing the community, three (3) teachers and a non-voting chairman/facilitator. The committee will review the issue and make a recommendation to the Superintendent within seven school days.

1. The Superintendent will review the committee’s recommendation, meet with the teacher, upon request, and decide the issues. The Superintendent’s decision shall be final.

2. Use of the material in question will not occur until all appeals are completed.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2), 233.061, 233.062 F.S.

History: New 11/17/71; Revised 12/18/74; Amended 5/10/78, 6/30/98, 11/7/00, 12/10/02

Note: Former 6Gx52-6.19 (changed 6/30/98)

8.46 SUPPLEMENTAL RESPONSIBILITIES

Instructional personnel having resigned, or otherwise having been removed, from additional responsibilities for which salary supplements are paid, may be transferred to another school to continue their basic teaching contracts.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 213.085 (2) F.S.

History: New 2/27/74; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.20 (changed 6/30/98)

8.47 HOURS OF DUTY

(1) Each teacher shall be on duty not less than 7-1/2 hours per day except on Fridays and the day before a holiday when teachers shall be on duty not less than seven (7) hours.

(2) Teachers shall not leave school during duty hours for any reason without permission of the principal except during lunch period provided regular classes are not interfered with and provided further that the office is notified.

(3) Meetings of the teachers or of principals, excluding individual school meetings, shall not be called earlier than the regular closing time of school except by the Superintendent or with the Superintendent’s consent.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2) F.S.

History: New 7/28/65; Amended 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.21 (changed 6/30/98)

8.48 PROFESSIONAL CONDUCT

(1) Employees shall not use the classroom, nor any other part of school facilities, as a platform for making disparaging remarks against students, parents, teachers or administrators. Conduct contrary to this policy may constitute grounds for disciplinary action.

(2) Certificated employees are required to comply with SBE Rules. 6B-1.001, Code of Ethics of the Education Profession in Florida and SBE Rules. 6B-1.006, Principles of Professional Conduct for the Education Profession in Florida.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.28 F.S; 6B-1.001, 6B-1.006 F.A.C.

History: New 6/6/74; Revised 12/18/74; Amended 5/10/78, 6/30/98

Note: Former 6Gx52-6.22 (changed 6/30/98)

8.49 PROFESSIONAL EDUCATION ADVISORY COUNCIL

The Superintendent (or designee) is directed to maintain the Pinellas County Professional Education Advisory Council in conformity with Florida Statutes, State Board of Education Rules, and the procedures adopted by the Board.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.601 F.S.

History: New 5/10/78; Amended 6/30/98

Note: Former 6Gx52-6.23 (changed 6/30/98)

8.50 EXTRA-CURRICULAR ACTIVITIES

Every administrative and instructional staff member is expected to assume a reasonable share of the activities assigned by the principal. Failure to assume these duties may be cause for disciplinary action.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 F.S.

History: Transferred from 6Gx52-8.21, 8/23/78; Amended 6/30/98

Note: Former 6Gx52-6.24 (changed 6/30/98)

8.51 SUPPORTING SERVICES DEFINED

Supporting Services personnel shall include secretarial, clerical, aides, paraprofessionals, technical, plant operations, maintenance, food service, warehousing, transportation, campus police employees, and other employees not hired on the administrative or instructional salary schedules.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 (5) (b), 231.3605 F.S.

History: New 7/28/65; Amended 7/31/68, 11/17/71; Revised 12/18/74; Amended 5/10/78, 5/8/85, 6/30/98

Note: Former 6Gx52-7.02 (changed 6/30/98)

8.52 GENERAL POLICIES

(1) Applicants shall file with the personnel office an application on a form approved by the Board and shall complete other requirements prior to employment.

(2) Employees not complying with policies of the Board as stated within this manual and otherwise published may be suspended or dismissed.

(3) Appraisal by the supervisor and reappointment by the Board are required for continued employment.

(4) Employees shall perform their duties under the direct supervision of their respective principals or supervisors.

(5) There is a six (6) month probationary period for all new employees and personnel re-employed subsequent to a 90 day break in service. The probationary period may be extended pending completion of finger printing processing and determination of compliance with standards for good moral character. Employee benefits for permanent employees accrue from the date of beginning service or re-employment.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2), 231.02 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 7/22/59, 7/12/61; Revised 7/28/65; Amended 7/31/68, 11/17/71; Revised and Amended 12/18/74; Amended 5/10/78, 5/8/85, 9/12/90, 6/30/98

Note: Former 6Gx52-7.03 (changed 6/30/98)

8.53 INITIAL MINIMUM EMPLOYMENT AGES OF REGULAR SUPPORTING SERVICES PERSONNEL

Bus Drivers: 21 years

Campus Police Personnel: 21 years

All Other Personnel: 18 years

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22(2), 234.101 F.S.; 6A-7.46 SBE Rules..

History: New 7/12/61; Amended 7/28/65, 11/17/71; Revised 12/18/74 Amended 5/8/85, 2/25/87, 8/22/90, 6/30/98

Note: Former 6Gx52-7.04 (changed 6/30/98)

8.54 PHYSICAL EXAMINATION

(1) When required, supporting services employees shall be examined, at their own expense, by licensed physicians of their own choice. Physical examinations may be required of some employees as mandated by state statute or Board policy.

Annual physical examinations are required for the following personnel:

(a) Regular and substitute bus drivers as required by law;

(b) High risk employees, as specified by the Superintendent (or designee).

(2) Should an employee evidence a physical condition, unrelated to employment, which impairs the employee's ability to perform normal duties, the following criteria shall apply:

(a) The employee shall be required to take leave from job duties immediately. The employee shall be allowed to use any accumulated vacation or sick leave for this purpose.

(b) Within five (5) working days, the employee shall notify the principal or department head concerned in writing of what action the employee plans to take.

(d) Prior to return to duty, it shall be necessary for the employee to be cleared by a licensed physician, and then written clearance shall be submitted to the principal or department head.

(e) If the physician recommends further treatment, the employee shall, at personal expense, secure such treatment from a physician. An employee may, at personal expense, secure second opinions from other licensed physicians. The employee’s supervisor shall be notified within thirty (30) days by the personal physician that the employee is under the physician’s care for the condition noted. If the supervisor does not secure this notification, the employee may be terminated.

(3) In cases of accident or illness resulting in an absence of five (5) or more working days, the employee’s supervisor may require a medical examination of the employee to be made at the employee's expense with a medical report being submitted to the supervisor.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.22 (2) F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55; Revised 5/22/57; Amended 7/12/61, 7/28/65, 7/31/68, 11/17/71; Revised 12/18/74; Amended 6/30/76, 5/10/78, 12/19/79, 5/8/85, 6/13/90, 8/22/90, 9/10/96, 6/30/98

Note: Former 6Gx52-7.05 (changed 6/30/98)

8.55 LEAVES

Temporary Inactive Status: Absence without pay on Temporary Inactive Status of up to thirty (30) calendar days may be granted upon recommendation of the principal or supervisor and approval of the Superintendent’s designee. While an employee is on temporary inactive status no employee benefits shall accrue. However, participation in insurance may continue if the employee submits monthly premiums to risk management.

(1) Each employee who has been absent from work due to illness or accident for more than five (5) work days may be required to secure clearance, at personal expense, from a licensed physician prior to resuming duty.

(2) An employee may be required to present a certificate of illness from a licensed physician upon request of the Superintendent (or designee).

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.48 (1), (2) F.S.

History: New 7/12/61; Amended 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78; Subsections (l) and (2) transferred to 6Gx52-5.18, 5/8/85; Amended 9/10/96, 6/30/98

Note: Former 6Gx52-7.06 (changed 6/30/98)

8.56 VACATIONS

(NOTE: Supporting services employees see General Policies "probationary period," Policy 8.52, subsection (5).)

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.48 F.S.

History: New 7/12/50; Amended 3/15/53, 7/13/55, 7/22/59, 7/28/65; Revised 7/31/68; Amended 11/17/71; Revised 12/18/74; Amended 5/10/78; Transferred to 6Gx52-5.12, 5/8/85, 6/30/98

Note: Former 6Gx52-7.07 (changed 6/30/98)

8.57 BUS DRIVERS

(l) Bus drivers shall be recommended to the Board for employment by the director of transportation and the Superintendent (or designee).

(2) Missing five (5) consecutive work days of unauthorized absence in any one pay period or ten (10) days of unauthorized absence within the most recent twelve (12) month period shall constitute grounds for termination of a bus driver.

(3) All bus drivers shall be licensed annually by the Superintendent (or designee) as required by law.

(4) Bus drivers' licenses shall be checked twice per year and a third time if the driver is assigned summer school duties.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 234.101 F.S.; 6A-3.014, 6A-3.015, 6A-3.036 SBE Rules..

History: New 7/12/50; Amended 3/15/53, 5/22/57, 7/22/59, 7/12/61, 7/28/65, 7/31/68; Revised 12/18/74; Amended 5/10/78, 5/8/85, 9/12/90, 6/30/98

Note: Former 6Gx52-7.08 (changed 6/30/98)

8.58 PLANT OPERATIONS

The Superintendent (or designee) shall maintain an adequately trained plant operations staff to ensure that schools are properly cleaned, that equipment in the schools is properly operated in an energy-efficient manner, and that facilities are maintained in a safe condition for educational use. Contracted services shall be used only as necessary and approved by the board.

Plant operations employees shall comply with the provisions of the Plant Operations Department Handbook (PCS Pub. 103 revised 7/81) and with any additional specific instructions from the principal and the area plant operations supervisor.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 F.S.; 6A-2.000 ff, SBE Rules..

History: New 7/12/50; Amended 3/15/53; 7/13/55, 5/22/57, 7/22/59, 7/12/61, 7/28/65, 7/31/68, 11/17/71, 2/27/74; Revised 12/18/74; Amended 5/10/78; Revised 6/13/84, 6/30/98

Note: Former 6Gx52-7.09 (changed 6/30/98)

8.59 FOOD SERVICE PERSONNEL

(1) Food service personnel shall be recommended by the principal and the director of food services, or designee, and appointed by the Board.

(2) The following shall be considered in the employment of a new manager: A manager employed in the food service system after the effective date of these standards shall be a high school graduate or hold a general equivalency diploma and shall have successfully completed and demonstrated the competencies contained in the intern manager training course.

(3) Other school food service personnel and substitute workers shall be recommended for employment by the principal and manager.

(4) All regular personnel shall be paid for the days worked plus approved holidays.

(5) Substitute workers shall be paid only for the hours worked.

(6) School food service personnel shall be encouraged to attend inservice training classes and pre- and post school training courses offered by the school system and the state.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 228.195, 230.22 (1) F.S.; 6A-7.046 SBE Rules..

History: New 7/12/50; Amended 3/15/53, 7/13/55, 7/22/59; Revised 7/28/59; Amended 7/31/68, 11/17/71; Revised 12/18/74; Amended 5/10/78, 5/8/85, 5/25/88, 8/22/90, 9/10/96, 6/30/98

Note: Former 6Gx52-7.10 (changed 6/30/98)

8.60 RETIREMENT

Regularly employed supporting services personnel are by law required to be members of the Florida Retirement System (FRS) and the Social Security System.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 121.051 F.S.; ADEA 29 U.S.C., 1967; Amended 1978 (P.L. 95-256.).

History: New 7/12/50; Amended 7/13/55; Revised 7/22/59; Amended 7/12/61; Revised 7/28/65; Amended 7/31/68, 11/17/71; Revised and Amended 12/18/74; Amended 5/8/85

Note: Former 6Gx52-7.11 (changed 6/30/98)

8.61 PLANT MAINTENANCE

(l) The Superintendent (or designee) shall maintain a properly trained and adequately staffed maintenance department to ensure that all Board facilities and equipment are kept in good repair or replaced as necessary to provide a safe and comfortable educational environment. Contracted services shall be used only as necessary and approved by the Board.

(2) Maintenance employees responsible for the maintenance of school facilities shall comply with the provisions contained in the Plant Maintenance Handbook and with any additional specific instructions from the director of maintenance.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 230.23 F.S.; 6A-2.000 ff, SBE Rules..

History: New 6/13/84, Amended 8/8/90, 6/30/98

Note: Former 6Gx52-7.13 (changed 6/30/98)

8.62 TEACHER PROFESSIONAL EXPECTATIONS

(1) Highest Student Achievement: Standard and Teacher Professional Expectations

(a) Standard

1.0 Standard: The teacher is an educational leader who understands and demonstrates the use of the Curriculum, Instruction, Assessment, and Improvement (CIAI) model to maximize educational achievement for all students.

(b) Teacher Professional Expectations

1.1 Demonstrates knowledge of subject matter and understands central concepts, tools of inquiry, and structure of the discipline(s) he /she teaches and makes the subject matter meaningful to students.

1.2 Demonstrates an understanding of how children learn and provides learning opportunities that support intellectual, social, and personal development of diverse learners.

1.3 Develops a culture of openness, fairness, mutual respect, support and inquiry.

1.4 Uses teaching and learning strategies that reflect each student’s culture, learning style, special needs, and socio-economic background.

1.5 Uses formal and informal assessment strategies to determine whether students have achieved high standards and modifies instructional strategies as needed to maximize achievement.

1.6 Utilizes student information systems to plan instruction and ensure that every student masters essential knowledge and skills as outlined in the Sunshine State Standards (SSS) and Pinellas County Schools Student Expectations (PCSSE).

1.7 Engages every student in relevant age or grade-level appropriate learning experiences that promote his/her performance.

1.8 Listens and interacts effectively with students, parents, colleagues, and community members, respecting diverse perspectives.

1.9 Seeks resources necessary to achieve classroom and school goals.

1.10 Uses classroom processes that support effective teaching and learning to promote high student achievement.

1.11 Uses appropriate technology in teaching and learning processes.

(2) Safe Learning Environment: Standard and Teacher Professional Expectations

(a) Standard

2.0 Standard: The teacher is an educational leader who works collaboratively to ensure a working and a learning climate for all students that is safe, secure, and respectful of diversity.

(b) Teacher Professional Expectations

2.1 Develops a climate and culture of openness, fairness, mutual respect, support and inquiry.

2.2 Establishes and maintains a safe and secure classroom environment.

2.3 Manages student misconduct promptly and resolves conflict and crises effectively.

2.4 Demonstrates respect for students, colleagues, administrators, and parents.

2.5 Models and reinforces self-discipline and responsibility.

2.6 Works effectively with school colleagues, parents, and the community to support students’ learning and well being.

2.7 Promotes independent and collaborative work ethic.

(3) Effective and Efficient Operation: Standard and Teacher Professional Expectations

(a) Standard

3.0 Standard: The teacher is an educational leader who uses a Baldrige based system to effectively and efficiently organize and manage the classroom to maximize highest student achievement.

(b) Teacher Professional Expectations

3.1 Provides professional leadership to establish a culture conducive to learning and student diversity, involves students in the development of a mission and goals that support the SIP and guide classroom decisions, and uses data for continual improvement.

3.2 Develops and implements a strategic planning system.

3.3 Understands customer expectations of the state, district, school, and next grade level and maintains positive customer relations. Teachers are to follow School Board policy.

3.4 Systematically obtains information and analyzes classroom results.

3.5 Develops and manages human resources within the classroom.

3.6 Develops and manages instructional and operational processes with the students to create a high performing classroom learning system.

3.7 Demonstrates positive classroom results and trends.

Statutory Authority: 1001.32(2), 1001.41, 1001.42, 1001.43 F.S.

Laws Implemented: 231.41, 231.381, 231.39, 231.40, 231.481, F.S.

History: New 9/25/01

8.1120 EMPLOYMENT OF ADMINISTRATORS

The School Board recognizes that it is vital to the successful operation of the District that administrative positions created by the Board be filled with highly qualified and competent personnel. Any person employed in an administrative position requiring certification shall possess a valid certificate issued pursuant to Florida law and shall file the certificate with the District.

The Board shall approve the employment, determine the compensation, and establish the term of employment for each administrator employed by the Board. Approval shall be given only to those candidates for employment recommended by the Superintendent. Administrators shall recommend to the Superintendent the best qualified administrative applicant available.

Any administrative staff member's misstatement of fact material to qualifications for employment or the determination of salary shall constitute grounds for dismissal.

To be eligible for employment in an administrative position, an individual must be of good moral character, and, if required, hold a valid certificate issued pursuant to Florida law and the rules of the State Board of Education or the Department of Children and Family Services, except when employed pursuant to F.S. 1012.55 or under the emergency provisions of F.S. 1012.24. Previous residence in this State shall not be required in any school of the state as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity. A person who is found through background screening, pursuant to Board Policy, to have been adjudicated guilty of a crime specified in F.S. 1012.315, or convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, shall not be employed, engaged to provide services, or serve in any position that requires direct contact with students.

Additionally, the following guidelines shall apply:

Category One:

Felony sexual related crimes, lewd and lascivious crimes, and felony child abuse crimes.

The District will not hire applicants who have been convicted of Category One offenses.

Category Two:
Felony crimes of violence and felony sale of controlled substances.

The District will not hire the applicant if the conviction for a Category Two Offense was within the last 25 years. The District will consider the applicant and carefully review the conviction for a Category Two offense if it was beyond 25 years.

Category Three:

Other felony crimes (except those designated under Category Five), any other misdemeanor crimes of a sexual nature, and misdemeanor crimes related to children.

The District will not hire the applicant if the conviction for a Category Three Offense was within the last 10 years. The District will consider the applicant and carefully review the conviction for a Category Three Offense if it was beyond 10 years.

Category Four:

Misdemeanor drugs, misdemeanor crimes of violence, and misdemeanor crimes involving weapons.

The District will not hire the applicant if the conviction was within the last 5 years. The District will consider the applicant and carefully review if the conviction was beyond 5 years.

Category Five:

Other misdemeanors, and felony crimes involving worthless checks.

The District will consider the preceding convictions in Category Five on a case by case basis.

The term conviction means a conviction by a jury or by a court and shall also include the forfeiture of any bail, bond or other security deposited to secure appearance by a person charged with having committed a felony or misdemeanor, the payment of a fine, a plea of nolo contendere (no contest), the imposition of a deferred or suspended sentence by the court, adjudication withheld, finding of guilt or the date of entry into a pre-trial intervention, pre-trial diversion, or similar program, so long as such PTI/PTD program is completed by the end of the relevant waiting period.

A candidate whose employment application has been rejected due to conviction of a disqualifying criminal offense may appeal to the Criminal Appeal Committee. The Criminal Appeal Committee shall be made up of the Staff Attorney, an Administrator from the Office of Professional Standards designated by the Staff Attorney, and the Associate Superintendent for Human Resources or designee. Applicants appealing to the Committee shall have the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the applicant since the incident, or any other evidence or circumstances indicating that the applicant will not present a danger if employment is allowed. In the case of rejection due to an adjudication of guilt for an offense listed in Section 1012.315, F.S., the only basis for appeal to the Committee shall be mistaken identity. The decision of the Committee is final. The Superintendent shall establish procedures governing the appeal process.

The Superintendent shall also conduct employment history checks of all candidates for administrative positions. The employment history check shall include, but not necessarily be limited to, contacting any previous employer and screening the candidate through the use of the screening tools described in State law. If contact with a previous employer cannot be made, the Superintendent shall document the efforts made to do so.

F.S. 1012.33 states that "the first ninety-seven (97) days of an initial contract is a probationary period. During the probationary period, the employee may be dismissed without cause or may resign from the contractual position without breach of contract." This statement means that individuals who are appointed into their initial administrative positions in the State of Florida will have a ninety-seven (97) day probationary period.

All administrators shall become familiar with the policies of the Board and other policies, regulations, memoranda, bulletins, and handbooks that pertain to their duties in the District. Any administrator employed by the Board who shall be guilty of any willful violation of the policies of the Board shall be guilty of gross insubordination and shall be subject to dismissal or other lesser penalty as the Board may prescribe.

Members of the administrative staff, except those shielded by law, are required to have listed telephones at their residences. This requirement may be waived by the Superintendent for a period not to exceed six (6) months, subject to review and extension at the end of the six (6) month period if justification for the waiver still exists.

Statutory Authority: Chapter 2008-108, Laws of Florida

History: New 10/14/08

8.1210 STANDARDS OF ETHICAL CONDUCT FOR ADMINISTRATIVE STAFF

An effective educational program requires the services of men and women of integrity, high ideals, and human understanding.

All administrators shall adhere to the Code of Ethics for Public Officers and Employees as set forth in F.S. 112.311, et seq.

The School Board hereby establishes the following as additional standards of ethical conduct for all administrators in the District:

A. An administrator shall:

1. Make a reasonable effort to protect the student from conditions harmful to learning and/or to the student's mental and/or physical health and/or safety.

2. Not unreasonably restrain a student from independent action in pursuit of learning.

3. Not unreasonably deny a student access to diverse points of view.

4. Not intentionally suppress or distort subject matter relevant to a student's academic program.

5. Not intentionally expose a student to unnecessary embarrassment or disparagement.

6. Not intentionally violate or deny a student's legal rights.

7. Not harass or discriminate against any student on the basis of race, color, religion, sex, age, national or ethnic origin, political beliefs, marital status, handicapping condition, sexual orientation, or social and family background and make reasonable efforts to assure that each student is protected from harassment or discrimination.

8. Not exploit a relationship with a student for personal gain or advantage.

9. Keep in confidence personally identifiable information obtained in the course of professional service, unless disclosure serves professional purposes or is required by law.

10. Take reasonable precautions to distinguish between personal views and those of any educational institution or organization with which the individual is affiliated.

11. Not intentionally distort or misrepresent facts concerning an educational matter in direct or indirect public expression.

12. Not use institutional privileges for personal gain or advantage.

13. Accept no gratuity, gift, or favor that might influence professional judgment.

14. Offer no gratuity, gift, or favor to obtain special advantages.

15. Maintain honesty in all professional dealings.

16. Not on the basis of race, color, religion, sex, sexual orientation, age, national or ethnic origin, political beliefs, martial status, handicapping condition if otherwise qualified, or social and family background deny to a colleague professional benefits or advantages or participation in any professional organization.

17. Not interfere with a colleague's exercise of political or civil rights and responsibilities.

18. Not engage in harassment or discriminatory conduct which unreasonably interferes with an individual's performance of professional or work responsibilities or with the orderly processes of education or which creates a hostile, intimidating, abusive, offensive, or oppressive environment; and, further, make reasonable efforts to assure that each individual is protected from such harassment or discrimination.

19. Not make malicious or intentionally false statements about a colleague.

20. Not use coercive means or promise special treatment to influence professional judgments of colleagues.

21. Not misrepresent one's own professional qualifications.

22. Not submit fraudulent information on any document in connection with professional activities.

23. Not make any fraudulent statement or fail to disclose a material fact in one's own or another's application for a professional position.

24. Not withhold information regarding a position from an applicant or misrepresent an assignment or conditions of employment.

25. Provide upon the request of a certificated individual a written statement of specific reason for recommendations that lead to the denial of increments, significant changes in employment, or termination of employment.

26. Not assist entry into or continuance in the profession of any person known to be unqualified in accordance with these Principles of Professional Conduct for the Education Profession in Florida and other applicable Florida statutes and State Board of Education rules.

27. Self-report within forty-eight (48) hours to appropriate authorities (as designated by the District) any arrests/charges involving the abuse of a child or the sale and/or possession of a controlled substance. Such notice shall not be considered an admission of guilt nor shall such notice be admissible for any purpose in any proceeding, civil or criminal, administrative or judicial, investigatory or adjudicatory. In addition, administrators shall self-report any conviction, finding of guilt, withholding of adjudication, commitment to a pretrial diversion program, or entering of a plea of guilty or Nolo Contendere for any criminal offense other than a minor traffic violation within forty-eight (48) hours after the final judgment. When handling sealed and expunged records disclosed under this rule, school districts shall comply with the confidentiality provisions of F.S. 943.0585(4)(c) and 943.059(4)(c).

28. Report to appropriate authorities any known allegation of a violation of the Florida School Code or State Board of Education rules as defined in F.S. 1012.795.

29. Seek no reprisal against any individual who has reported any allegation of a violation of the Florida School Code or State Board of Education rules as defined in F.S. 1012. 795.

30. Comply with the conditions of an order of the Education Practices Commission imposing probation, imposing a fine, or restricting the authorized scope of practice.

31. Cooperate with the Education Practices Commission in monitoring the probation of a subordinate.

B. All District administrators shall adhere to the principles enumerated above.

All administrators shall be required to complete training on the standards established herein upon.

Statutory Authority: Chapter 2008-108, Laws of Florida

History: New 10/14/08

8.3120 EMPLOYMENT OF INSTRUCTIONAL STAFF

The School Board recognizes that it is vital to the successful operation of the District that positions created by the Board be filled with highly qualified and competent personnel. Any person employed in an instructional position requiring certification shall possess a valid certificate issued pursuant to Florida law and shall file the certificate with the District.

The Board shall require an applicant for employment with a certificate from a district whose employment and/or certification requirements are not comparable to the District’s to complete all requirements for initial employment and certification.

For purposes of this policy, instructional staff includes classroom teachers, librarians/media specialists, guidance counselors, social workers, career specialists, school psychologists, and other instructional staff whose positions are included in the District’s instructional salary schedule.

The Superintendent shall also conduct employment history checks of all applicants for instructional staff positions. The employment history check shall include, but not necessarily be limited to, contacting any previous employer and screening the applicant through the use of the screening tools described in State law. If contact with a previous employer cannot be made, the Superintendent shall document the efforts made to do so.

For any person newly employed as a member of the instructional staff after June 30, 1997, the initial annual contract shall include a 97-day probationary period during which time the employee’s contract may be terminated without cause or the employee may resign without breach of contract (F.S. 1012.33). Any instructional staff member's misstatement of fact material to qualification for employment or the determination of salary shall be considered to constitute grounds for dismissal.

QUALIFICATIONS FOR INSTRUCTIONAL PERSONNEL

To be eligible for employment in an instructional staff position, an individual must be of good moral character, and, if required, hold a valid certificate issued pursuant to Florida law and the rules of the State Board of Education or the Department of Children and Family Services, except when employed pursuant to F.S. 1012.55 or under the emergency provisions of F.S. 1012.24. Previous residence in this State shall not be required in any school of the state as a prerequisite for any person holding a valid Florida certificate or license to serve in an instructional capacity. A person who is found through background screening, pursuant to Board Policy, to have been adjudicated guilty of a crime specified in F.S. 1012.315, or convicted of any crime involving moral turpitude as defined by rule of the State Board of Education, shall not be employed, engaged to provide services, or serve in any position that requires direct contact with students.

Additionally, the following guidelines shall apply:

Category One

Felony sexual related crimes, lewd and lascivious crimes, and felony child abuse crimes.

The District will not hire applicants who have been convicted of Category One offenses.

Category Two:
Felony crimes of violence and felony sale of controlled substances.

Category Three:

Other felony crimes (except those designated under Category Five), any other misdemeanor crimes of a sexual nature, and misdemeanor crimes related to children.

Category Four:

Misdemeanor drugs, misdemeanor crimes of violence, and misdemeanor crimes involving weapons.

The District will not hire the applicant if the conviction was within the last 5 years. The District will consider the applicant and carefully review if the conviction was committed beyond 5 years.

Category Five:
Other misdemeanors, and felony crimes involving worthless checks.

The District will consider the preceding convictions in Category Five on a case by case basis.

A candidate whose employment application has been rejected due to conviction of a disqualifying criminal offense may appeal to the Criminal Appeal Committee. The Criminal Appeal Committee shall be made up of the Staff Attorney, an Administrator from the Office of Professional Standards designated by the Staff Attorney, and the Associate Superintendent for Human Resources or designee. Applicants appealing to the Committee shall have the burden of setting forth sufficient evidence of rehabilitation, including, but not limited to, the circumstances surrounding the criminal incident for which an exemption is sought, the time period that has elapsed since the incident, the nature of the harm caused to the victim, and the history of the applicant since the incident, or any other evidence or circumstances indicating that the applicant will not present a danger if employment is allowed. In the case of rejection due to an adjudication of quilt for an offense listed in Section 1012.315, F.S., the only basis for appeal to the Committee shall be mistaken identity. The decision of the Committee is final. The Superintendent shall establish procedures governing the appeal process.

Statutory Authority: Chapter 2008-108, Laws of Florida

History: New 10/14/08

8.3210 STANDARDS OF ETHICAL CONDUCT FOR INSTRUCTIONAL STAFF

An effective educational program requires the services of men and women of integrity, high ideals, and human understanding.

All instructional staff members shall adhere to the Code of Ethics for Public Officers and Employees as set forth in F.S. 112.311, et seq.

The School Board hereby establishes the following as additional standards of ethical conduct for all instructional staff members in the District:

A. An instructional staff member shall: