Section 4000 Personnel

#4010 Prohibition on Recommendations for Psychotropic Drugs

In accordance with Conn. Gen. Stat. § 10-212b, the Board of Education prohibits school personnel from recommending the use of psychotropic drugs for any child. Moreover, personnel may not require that a child obtain a prescription for a controlled substance (as defined in the Controlled Substances Act, 21 U.S.C. § 801 et seq.) in order for the child to: 1) attend school; 2) receive an initial evaluation or reevaluation to determine a child's eligibility for special education; or 3) receive special education and related services. Notwithstanding the foregoing, school health or mental health personnel may recommend that a child be evaluated by an appropriate medical practitioner and school personnel may consult with such practitioner with the consent of the parent(s) or guardian(s) of such child, in accordance with the procedures outlined below.

I. Definitions

For the purposes of this policy, the following definitions apply:

1. Psychotropic drugs are defined as prescription medications for behavioral or social-emotional concerns, such as attentional deficits, impulsivity, anxiety, depression and thought disorders, and includes, but is not limited to, stimulant medications and anti-depressants
2. Recommend means to directly or indirectly suggest that a child should use psychotropic drugs.
3. School health or mental health personnel means:
1. school nurses or nurse practitioners appointed pursuant to Conn. Gen. Stat. § 10-212;
2. school medical advisors appointed pursuant to Conn. Gen. Stat. § 10-205;
3. school psychologists;
4. school social workers;
5. school counselors;
6. school administrators;
7. other school personnel (such as a teacher designated as a child's Case Manager) who have been identified by a Planning and Placement Team, Section 504 team, Student Assistance Team or similar group of district professionals as the person responsible for communication with a parent or guardian about a child’s need for medical evaluation;
8. a school professional staff member designated by the Superintendent to communicate with a child's parent or guardian about a child’s need for medical evaluation.

II. Procedures

1. A school health or mental health personnel, as defined above, may communicate with other school personnel about a child who may require a recommendation for a medical evaluation, provided that 1) there is a legitimate educational interest in sharing such information; and 2) such communication shall remain confidential, to the extent required by law.
2. A school health or mental health personnel, as defined above, may communicate a recommendation to a parent or guardian that a child be evaluated by a medical practitioner provided that 1) based on such person’s professional experience, objective factors indicate that a medical evaluation may be necessary to address concerns relating to the child’s education and overall mental health; and 2) any communication includes the basis for the recommendation.
3. If a parent or guardian determines that it is necessary to share medical information, including results of any medical evaluation, with school personnel, he or she may do so at any time. School personnel who receive such information directly from a parent must maintain the confidentiality of such information, to the extent required by law.
4. Any school personnel with a legitimate educational interest in obtaining information from a child’s medical practitioner outside the school who is not a school employee must obtain prior, written consent from the child’s parent or guardian to communicate with such outside medical practitioners. Any school health or mental health personnel, as defined above, may request written consent from the parent or guardian. To be valid, the written consent must: 1) be signed by the child’s parent or guardian; 2) be dated; 3) provide the child’s name; 4) provide the name of the medical practitioner and relevant contact information, to the extent known; and 5) indicate the scope of the consent.

Nothing in this policy shall be construed to prevent school personnel from consulting with a medical practitioner who has information concerning a child, as long as the school district has obtained consent from the parent(s) or guardian(s) of the child, in accordance with Section II.D., above. Nothing in this policy shall prevent a Planning and Placement Team from recommending a medical evaluation as part of an initial evaluation or reevaluation, as needed to determine a child's (i) eligibility for special education and related services, or (ii) educational needs for an individualized education program.

Legal References:

• Conn. Gen. Stat. § 10-76d Duties and powers of boards of education to provide special education programs and services.
• Conn. Gen. Stat. § 10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel.
• 34 C.F.R. § 300.174 Prohibition on mandatory medication.

Date of Adoption: December 18, 2001
Date of Revision: February 8, 2006
Date of Revision: June 21, 2022

4020 Tutoring By Staff Members

The Board of Education recognizes that some students may require the services of a tutor when other instructional strategies have been exhausted by the regular classroom teacher.  It is expected, however, that principals and teachers shall try to resolve learning / academic concerns of students within the school setting before or after school prior to recommending a tutor or other outside professional help. Through maintaining a high-quality instructional staff who provide a rich and varied delivery of challenging curricula, the need for individual tutoring will be minimized.  

Should, however, tutoring be recommended in exceptional cases, the following general guidelines shall be applied to avoid conflicts of interest or legal liabilities. 

1. Private tutoring and enrichment lessons by staff members shall not take place on the property of the Madison Public Schools except when approved by the Superintendent.  The Superintendent is directed to establish such rules as will protect both the school system and the staff members from charges of conflict of interest or legal liability.  To facilitate this, staff members are required to advise the Superintendent of any tutoring or private lessons for pay undertaken.
2. A staff member shall not tutor, for a remuneration, any student who is enrolled in his or her class.  
3. Private lessons for enrichment are not considered tutoring. 

These guidelines do not apply to staff members delivering tutoring services to special needs or handicapped students through district-approved special needs programs or to staff members providing district-approved tutoring or summer school programs.

Legal Reference: Connecticut General Statutes

• 53-392a-53-392e All related to academic crimes
• 53-392b Preparation of assignments for students attending educational institutions prohibited.

 

Date of Adoption: June 2, 1998
Date of Revision: June 20, 2023

#4030.5 Family and Medical Leave

PURPOSE

The purpose of this policy is to apprise employees of their rights, and establish guidelines for leaves taken by employees of the Madison Board of Education (the “Board”), under the federal Family and Medical Leave Act of 1993 (“FMLA”) and applicable Connecticut state law.  This policy is not intended to, and does not, recite every provision of applicable law and regulations.

ELIGIBILITY

An employee who holds a certification under Chapter 166 of the Connecticut General Statutes (i.e. a certified employee) who has been employed by the Board for at least twelve (12) months, and who has worked at least 1,250 actual work hours during the twelve (12) months immediately preceding the start of a leave, is eligible for unpaid leave under the FMLA. A full-time instructional employee meets the 1,250 hours of service requirement unless the Board can demonstrate that such employee did not meet the 1,250 hours of service requirement in the 12-month period prior to the start of leave.  

An employee who does not hold a certification under Chapter 166 of the Connecticut General Statutes (i.e. a noncertified employee) is eligible for the leave described in this policy if such employee has worked for the Board for at least twelve (12) months, and has worked at least 950 service hours during the twelve (12) months immediately preceding the start of such leave.

DEFNITIONS

Genetic information: For purposes of this policy, “genetic information” includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Instructional employee:  For purposes of this policy, an “instructional employee” is defined as a teacher or other employee of the Board who is employed principally in an instructional capacity and whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired.  The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.  

REASONS FOR LEAVE 

Leaves under the FMLA and applicable state law may be taken for the following reasons:

• incapacity due to pregnancy, prenatal medical care or child birth; or
• to care for the employee's newborn child; or
• the placement of a child with the employee by adoption or for foster care; or
• to care for the employee's spouse, child or parent who has a serious health condition; or
• to care for the employee's own serious health condition that renders the employee unable to perform the functions of the employee’s position; or
• to serve as an organ or bone marrow donor; or
• to care for an injured or ill servicemember (see below – Length of Leave – for further information); or
• a qualifying exigency arising out of a family member’s military service, including one or more of the following reasons (note – more detailed information on the following categories is available from the Human Resources office):
  • short-notice deployment;
  • military events and related activities;
  • childcare and school activities;
  • financial and legal arrangements;
  • counseling;
  • rest and recuperation;
  • post-deployment activities;
  • parental care leave for military member’s parent who is incapable of self-care and care is necessitated by the military member’s covered active duty;
  • additional activities that arise out of the active duty or call to active duty status of a covered military member, provided that the Board and the employee agree that such leave qualifies as an exigency, and agree to both the timing and the duration of such leave.

1. Basic FMLA Leave Entitlement

   If a leave is requested for one of the above-listed reasons, each eligible employee may take up to a total of twelve (12) weeks unpaid family or medical leave in the 12-month entitlement period.

   The 12-month entitlement period for family or medical leave is measured on the basis of a "rolling" 12-month period measured backward from the date an employee uses any FMLA leave.

2. Leave to Care for an Injured or Ill Servicemember

   In addition to the reasons for leave listed above, an eligible employee may take up to twenty-six (26) workweeks of FMLA leave during a 12-month period to care for (i) a servicemember who is the employee’s spouse, parent, child or next of kin, and who incurred a serious injury or illness in the line of duty and while on active duty in the Armed Forces or had a preexisting injury or illness prior to beginning active duty that was aggravated by service in the line of duty on active duty in the Armed Forces; or (ii) a covered veteran with a serious injury or illness who is the employee’s spouse, parent, child or next of kin.

   For servicemembers, the injury or illness must render the servicemember medically unable to perform the duties of office, grade, rank or rating. This provision applies to servicemembers who are undergoing medical treatment, recuperation, or therapy, are in outpatient status, or who are on the temporary disability retired list, for a serious injury or illness.

   For covered veterans, the veteran must be undergoing medical treatment, recuperation or therapy for a serious injury or illness and must have been (1) a member of the Armed Forces (including the National Guard or Reserves); (2) discharged or released under conditions that were other than dishonorable; and (3) discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for the veteran.¹

   For covered veterans, serious injury or illness means any of the following:

   1. a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember's office, grade, rank, or rating; or
   2. a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
   3. a physical or mental condition that substantially impairs the covered veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
   4. an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

   
   When combined with any other type of FMLA qualifying leave, total leave time may not exceed twenty-six (26) weeks in a single twelve (12) month period. Standard FMLA leave procedures described below apply to all requests for and designation of leave for this purpose. However, in the case of leave to care for a servicemember with a serious injury or illness, the 12-month period begins on the day such leave actually commences.

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¹ The employee’s first date of leave must be within the five-year period. However, the employee may continue to take leave throughout the single 12-month period even if the leave extends past the five-year period. Note - special rules may apply to calculating the five-year period for veterans discharged between October 28, 2009 and March 8, 2013. This period will effectively be excluded from the five-year calculation.

1. Full-Time, Intermittent and Reduced Schedule Leave

   Full-time leave excuses the employee from work for a continuous period of time. Full-time unpaid leave may be taken for any of the reasons permitted by the FMLA.

   Intermittent leave means leave taken due to a single qualifying reason in separate periods of time rather than for one continuous period of time. Examples of intermittent leave include: leave taken one day per week over a period of a few months; or leave taken on an occasional/as-needed basis for medical appointments.

   Reduced schedule leave is leave that reduces the employee's usual number of work hours per day for some period of time. For example, an employee may request half-time work for a number of weeks so the employee can assist in the care of a seriously ill parent.

   Intermittent or reduced schedule leave may be taken (a) when medically necessary for an employee’s or covered family member’s serious health condition, or for a covered service member’s serious illness or injury, and (b) the need for leave can be best accommodated through an intermittent or reduced schedule leave. In addition, FMLA leave may be taken intermittently or on a reduced schedule basis (1) due to a qualifying exigency; or (2) to effectuate the placement of a child for adoption or foster care before the placement of the child in the home.

   If foreseeable intermittent or reduced schedule leave is medically required based upon planned medical treatment of the employee or a family member or a covered service member, including during a period of recovery from an employee’s or family member’s serious health condition or a serious injury or illness of a covered service member, the Board may, in its sole discretion, temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates the type of leave requested. Also, special arrangements may be required of an instructional employee who needs to take intermittent or reduced-schedule leave which will involve absence for more than twenty (20) percent of the work days in the period over which the leave will extend (for example, more than five days over a five-week period), if the leave is to care for a family member with a serious health condition, to care for a covered service member with a serious injury or illness, or for the employee’s own serious health condition, which is foreseeable based on planned medical treatment. In such situations, the Board may require the instructional employee to transfer temporarily to another job or take leave for a particular duration, not to exceed the duration of the planned medical treatment.

2. Both Spouses Working for the Same Employer

   If both spouses are eligible employees of the Board and request leave for the birth, placement of a child by adoption or for foster care, or to care for a parent with a serious health condition, they only will be entitled to a maximum combined total leave equal to twelve (12) weeks in the 12-month entitlement period. If either spouse (or both) uses a portion of the total 12-week entitlement for one of the purposes in the preceding sentence, each is entitled to the difference between the amount the employee has taken individually and the 12 weeks for FMLA leave for their own or their spouse's serious health condition in the 12-month entitlement periods.

3. Leave Taken by Instructional Employees Near the End of an Academic Term

   If a leave taken by an instructional employee for any reason begins more than five (5) weeks before the end of an academic term, the Board may require that instructional employee to continue the leave until the end of the term if the leave will last at least three (3) weeks and the instructional employee would return to work during the three-week period before the end of the term.

   If the instructional employee begins a leave during the five-week period preceding the end of an academic term for a reason other than the instructional employee’s own serious health condition, the Board may require the instructional employee to continue taking leave until the end of the term if the leave will last more than two (2) weeks and the instructional employee would return to work during the two-week period before the end of the term.

   If the instructional employee begins a leave during the three-week period preceding the end of an academic term for a reason other than the instructional employee's own serious health condition, the Board may require the instructional employee to continue taking leave until the end of the term if the leave will last more than five (5) working days.

REQUESTS FOR LEAVE

1. Foreseeable Leave

   An employee must notify the Human Resources Department of the need for a family or medical leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable based on the expected birth of the employee’s child, placement of a child with the employee for adoption or foster care, planned medical treatment for the employee’s or family member’s serious health condition, or the planned medical treatment for a serious injury or illness of a covered service member. If 30 days-notice is not practicable, then the employee must provide notice as soon as practicable under the circumstances, usually the same day or the next business day after the employee becomes aware of the need for FMLA leave.

2. Qualifying Exigency.

   An employee must provide notice as soon as practicable if the foreseeable leave is for a qualifying exigency, regardless of how far in advance such leave is foreseeable.

3. Unforeseeable Leave.

   When the employee’s need for leave is not foreseeable, an employee must provide notice as practicable under the circumstances.

SCHEDULING PLANNED MEDICAL TREATMENT

When planning medical treatment for foreseeable FMLA leave, an employee must consult with the Human Resources Department and make a reasonable effort to schedule the treatment so as not to disrupt unduly the Board’s operations, subject to the approval of the health care provider. Similarly, if an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to disrupt unduly the Board’s operations. Ordinarily, the employee should consult with the Human Resources Department prior to scheduling the treatment in order to work out a treatment schedule that best suits the needs of the Board and the employee. The Board and the employee shall attempt to work out a schedule for leave that meets the employee’s needs without unduly disrupting the Board’s operations, subject to the approval of the health care provider as to any modification of the treatment schedule.

REQUIRED CERTIFICATIONS/DOCUMENTATION    

For leaves taken for any FMLA-qualifying reason, an employee must submit a completed certification form supporting the need for leave.  The appropriate form will be provided to the employee.  The employee must submit a complete and sufficient certification form as required within fifteen (15) calendar days of receiving the request for the completed certification.  If it is not practicable for the employee to provide the completed form by the due date despite the employee’s diligent, good faith efforts, the employee must inform the Human Resources Department of the reason(s) for delay and what efforts the employee undertook to obtain the required certification.  FMLA-protected leave may be delayed or denied if the employee does not provide a complete and sufficient certification as required.  Depending on the reason for leave, an employee may be required to submit medical certification from the employee’s health care provider, medical certification the employee’s family member’s health care provider, and/or other documentation (e.g., to establish a family relationship, military active duty orders, etc.).  In certain circumstances and under certain conditions, employees may also be required to obtain second or third medical opinions and/or recertifications, in accordance with applicable law. 

If an employee takes leave for the employee’s own serious health condition (except on an intermittent or reduced-schedule basis), prior to returning to work the employee must provide a medical fitness-for-duty certification that the employee is able to resume work and the health condition that created the need for the leave no longer renders the employee unable to perform the essential functions of the job.  This certification must be submitted to the Human Resources Department.  If the employee is unable to perform one or more of the essential functions of the employee’s position, the Board will determine whether the employee is eligible for additional FMLA leave (if such leave has not been exhausted) or whether an accommodation is appropriate, in accordance with the Americans with Disabilities Act.

In connection with the Board’s request for medical information, employees must be aware that the Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits employers and other entities covered by Title II of GINA from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, the Board requests that employees not provide any genetic information when responding to a request for medical information. 

USE OF PAID LEAVE

Paid leave, which has been accrued in accordance with applicable law, the relevant collective bargaining agreement (if any), and/or Board policy will be substituted for any unpaid portions of family or medical leave taken for any reason that is also a qualifying reason for using such accrued paid leave.  In such instance, the employee’s accrued paid leave and FMLA-qualifying leave will run concurrently.  The employee must satisfy any procedural requirements applicable to the use of paid leave, but only in connection with the receipt of such payment.

In addition, in cases involving absences due to a Workers’ Compensation injury that also qualifies as an FMLA serious health condition, and if the employee (and the employee’s collective bargaining agent, if applicable) and the Board agree to do so, the Board will apply the employee’s available accrued paid leave in increments as a supplement to the Workers’ Compensation weekly benefit in an appropriate amount so that the employee can maintain the employee’s regular weekly income level.
 

MEDICAL INSURANCE AND OTHER BENEFITS

During family or medical leaves of absence approved pursuant to this policy, the Board will continue to pay its portion of medical insurance premiums for the period of unpaid family or medical leave.  The employee must continue to pay the employee’s share of the premium, and failure to do so may result in loss of coverage.  If the employee does not return to work after expiration of the leave, the employee will be required to reimburse the Board for payment of medical insurance premiums during the family or medical leave, unless the employee does not return because of a serious health condition or circumstances beyond the employee's control.

REINSTATEMENT

Except for circumstances unrelated to the taking of a family or medical leave pursuant to this policy, and unless an exception applies, an employee who returns to work following the expiration of a family or medical leave is entitled to return to the job such employee held prior to the leave or to an equivalent position with equivalent pay and benefits.

ADDITIONAL INFORMATION

Questions regarding family or medical leave may be directed to the Superintendent or designee.  An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.  FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.

 

Legal References:

Connecticut General Statutes:
Conn. Gen. Stat. § 31-51rr    Family and medical leave benefits for employees  of political subdivisions

             Regs. Conn. State Agencies 31-51rr-1, et seq. 

             Public Act 24-41, “An Act Concerning Educator Certification, Teachers, Paraeducators and Mandated Reporter Requirements”

United States Code:

Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601 et seq., as amended

29 CFR Part 825.100 et seq.

Title II of the Genetic Information Nondiscrimination Act of 2008, 42 USC 2000ff et seq.

29 CFR 1635.1 et seq.

Date of Adoption:     October 17, 2023

Date of Revision:       November 26, 2024 
 

#4040 Increasing Educator Diversity Plan 

(formerly Minority Recruitment Plan)
 

In accordance with Sections 10-4a(3), 10-220(a), 10-156ee, and 10-156hh of the Connecticut General Statutes, the Madison Board of Education (the “Board”) has developed the following written plan for increasing educator diversity:

1. All recruiting sources will be informed in writing of the Board's non-discrimination policy.
2. Each Board employee involved in hiring educators for the Madison Public Schools (the “District”) shall successfully complete the video training module relating to implicit bias and anti-bias in the hiring process, developed pursuant to Connecticut General Statutes § 10-156ee, prior to such employee’s participation in the educator hiring process for the District. 
3. The Board, or its designee, will develop contacts with local training and educational institutions, including those with highly diverse enrollments, to publicize job openings within the school district and to solicit referrals of diverse and qualified candidates.
4. The Board, or its designee, will develop contacts with local community organizations, including diverse community organizations, to publicize job openings within the school district and to solicit referrals of diverse and qualified candidates.
5. The Board, or its designee, will maintain, or expand, as appropriate, its help-wanted advertising to include print and/or broadcast media that is targeted to diverse individuals. 
6. The Board, or its designee, will participate in local job fairs, including those that are sponsored by diverse community organizations or otherwise targeted toward diverse individuals.
7. The Board, or its designee, will maintain records documenting all actions taken pursuant to this plan, including correspondence with recruitment agencies and other referral sources, job fair brochures and advertising copy.  
8. The Board, or its designee, will review on an annual basis the effectiveness of this plan in increasing diverse applicant flow and attracting qualified candidates for employment.

Legal References:

• Connecticut General Statutes §10-4a (3)  Educational interests of state identified
• Connecticut General Statutes §10-220(a) Duties of boards of education
• Connecticut General Statutes §10-156ee  Duties re minority teacher recruitment
• Connecticut General Statutes §10-156hh  Completion of video training module re implicit bias and anti-bias in hiring process for certain school district employees

 

• Date of Adoption:    June 15, 1999
• Technical Revision:    April 4, 2006
• Date of Revision    June 21, 2022
• Date of Revision:     November 28, 2023

#4111.1 Security Check / Fingerprinting

(formerly Reference Checks)

As set forth below, each applicant for a position with the district, and each student who is enrolled in a teacher preparation program with the District, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience in the District (collectively referred to as “applicants”), shall be asked to provide in writing: (1) whether the applicant has ever been convicted of a crime; (2) whether there are any criminal charges pending against the applicant at the time of the application and, if charges are pending, to state the charges and the court in which such charges are pending; and (3) whether the applicant is included on the Abuse and Neglect Registry of the Connecticut Department of Children and Families (“DCF”) (the “Registry”).  If the applicant’s current or most recent employment occurred out of state, the applicant will also be asked whether the applicant is included on an equivalent database and/or abuse/neglect registry maintained in that other state.  

Applicants shall not be required to disclose any arrest, criminal charge or conviction that has been erased.  An employment application form that contains any question concerning the criminal history of the applicant shall contain the following notice, in clear and conspicuous language: 

Pursuant to section 31-51i(d) of the Connecticut General Statutes, the applicant is hereby notified that (1) the applicant is not required to disclose the existence of any erased criminal history record information, (2) erased criminal history record information are records pertaining to a finding of delinquency or that a child was a member of a family with service needs, an adjudication as a youthful offender, a criminal charge that has been dismissed or nolled, a criminal charge for which the person has been found not guilty or a conviction for which the person received an absolute pardon or criminal records that are erased pursuant to statute or by other operation of law, and (3) any person with erased criminal history record information shall be deemed to have never been arrested within the meaning of the general statutes with respect to the proceedings so erased and may so swear under oath.

In addition, the district shall conduct an employment history check for each applicant for a position, as set forth below. 

For the purposes of this policy: 

Sexual misconduct

means any verbal, nonverbal, written, or electronic communication, or any other act directed toward or with a student that is designed to establish a sexual relationship with the student, including a sexual invitation, dating or soliciting a date, engaging in sexual dialog, making sexually suggestive comments, self-disclosure or physical exposure of a sexual or erotic nature, and any other sexual, indecent, or erotic contact with a student.

Abuse or neglect

means abuse or neglect as described in Conn. Gen. Stat. § 46b-120, and includes any violation of Conn. Gen. Stat. §§ 53a-70 (sexual assault in the first 
degree), 53a-70a (aggravated sexual assault in the first degree), 53a-71 (sexual assault in the second degree), 53a-72a (sexual assault in the third degree), 53a-72b (sexual assault in the third degree with a firearm), or 53a-73a (sexual assault in the fourth degree).

Former employer

means any person, firm, business, educational institution, nonprofit agency, corporation, limited liability company, the state, any political subdivision of the state, any governmental agency, or any other entity that such applicant was employed by during any of the previous twenty years prior to applying for a position with a local or regional board of education.

1. Employment History Check Procedures
   1. The district shall not offer employment to an applicant for a position, including any position that is contracted for, if such applicant would have direct student contact, prior to the district:
      1. Requiring the applicant:
         1. to list the name, address, and telephone number of each current employer or former employer (please note the definition of “former employer” above, including the applicable twenty year reporting period) during any of the previous twenty years, if:
            1. such current or former employer is/was a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, and/or 
            2.     the applicant’s employment with such current or former employer caused the applicant to have contact with children.
         2. to submit a written authorization that
            1. consents to and authorizes disclosure by the employers listed under paragraph I.A.1.a of this policy of the information requested under paragraph I.A.2 of this policy and the release of related records by such employers, 
            2. consents to and authorizes disclosure by the Connecticut State Department of Education (the “Department”) of the information requested under paragraph I.A.3 of this policy and the release of related records by the Department, and 
            3. releases those employers and the Department from liability that may arise from such disclosure or release of records pursuant to paragraphs I.A.2 or I.A.3 of this policy; and
         3. to submit a written statement of whether the applicant
            1. has been the subject of an abuse or neglect or sexual misconduct investigation by any employer, state agency or municipal police department, unless the investigation resulted in a finding that all allegations were unsubstantiated, 
            2. has ever been disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect was pending or under investigation by DCF, or an allegation of sexual misconduct was pending or under investigation or due to an allegation substantiated pursuant to Conn. Gen. Stat. § 17a-101g or abuse or neglect, or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct, or 

            3. has ever had a professional or occupational license or certificate suspended or revoked or has ever surrendered such a license or certificate while an allegation of abuse or neglect was pending or under investigation by DCF or an investigation of sexual misconduct was pending or under investigation, or due to an allegation substantiated by DCF of abuse or neglect or of sexual misconduct or a conviction for abuse or neglect or sexual misconduct; 

      2. Conducting a review of the employment history of the applicant by contacting those employers listed by the applicant under paragraph I.A.1.a of this policy.  Such review shall be conducted using a form developed by the Department, which shall request the following: 
         1. the dates employment of the applicant, and
         2. a statement as to whether the employer has knowledge that the applicant:
            1. was the subject of an allegation of abuse or neglect or sexual misconduct for which there is an investigation pending with any employer, state agency, or municipal police department or which has been substantiated; 
            2. was disciplined or asked to resign from employment or resigned from or otherwise separated from any employment while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct; or
            3. has ever had a professional or occupational license, certificate, authorization or permit suspended or revoked or has ever surrendered such a license, certificate, authorization or permit while an allegation of abuse or neglect or sexual misconduct was pending or under investigation, or due to a substantiation of abuse or neglect or sexual misconduct.  Such review may be conducted telephonically or through written communication.  Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, not later than five (5) business days after the District receives a request for such information about an employee or former employee, the District shall respond with such information.  The District may request more information concerning any response made by a current or former employer for information about an applicant, and, notwithstanding subsection (f), such employer shall respond not later than five (5) business days after receiving such request.  
                
      3. Requesting information from the Department concerning:
         1. the eligibility status for employment of any applicant for a position requiring a certificate, authorization or permit,
         2. whether the Department has knowledge that a finding has been substantiated by DCF pursuant to Conn. Gen. Stat. § 17a-101g of abuse or neglect or of sexual misconduct against the applicant and any information concerning such a finding, and
         3. whether the Department has received notification that the applicant has been convicted of a crime or of criminal charges pending against the applicant and any information concerning such charges.
             
   2. Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, if the District receives information that an applicant for a position with or an employee of the District has been disciplined for a finding of abuse or neglect or sexual misconduct, it shall notify the Department of such information.
       
   3. The District shall not employ an applicant for a position involving direct student contact who does not comply with the provisions of paragraph I.A.1 of this policy.
       
   4. The District may employ or contract with an applicant on a temporary basis for a period not to exceed ninety (90) calendar days, pending the District’s review of information received under this section, provided:
      1. The applicant complied with paragraph I.A.1 of this policy;
      2. The district has no knowledge of information pertaining to the applicant that would disqualify the applicant from employment with the district; and
      3. The applicant affirms that the applicant is not disqualified from employment with the district.
          
   5.     The District shall not enter into a collective bargaining agreement, an employment contract, an agreement for resignation or termination, a severance agreement, or any other contract or agreement or take any action that:
      1. Has the effect of suppressing information relating to an investigation of a report of suspected abuse or neglect or sexual misconduct by a current or former employee; 
      2. Affects the ability of the District to report suspected abuse or neglect or sexual misconduct to appropriate authorities; or
      3. Requires the District to expunge information about an allegation or a finding of suspected abuse or neglect or sexual misconduct from any documents maintained by the District, unless, after investigation, such allegation is dismissed or found to be false.
          
   6. The District shall not offer employment to a person as a substitute teacher, unless such person and the District comply with the provisions of paragraph I.A.1 of this policy.  The District shall determine which such persons are employable as substitute teachers and maintain a list of such persons.  The District shall not hire any person as a substitute teacher who is not on such list.  Such person shall remain on such list as long as such person is continuously employed by the District as a substitute teacher as described in paragraph III.B.2 of this policy, provided the District does not have any knowledge of a reason that such person should be removed from such list.
       
   7. In the case of an applicant who is a contractor, the contractor shall require any employee with such contractor who would be in a position involving direct student contact to supply to such contractor all the information required of an applicant under paragraphs I.A.1.a and I.A.1.c of this policy and a written authorization under paragraph I.A.1.b of this policy.  Such contractor shall contact any current or former employer (please note the definition of “former employer” above, including the applicable twenty year reporting period) of such employee that was a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, or if the employee’s employment with such current or former employer caused the employee to have contact with children, and request, either telephonically or through written communication, any information concerning whether there was a finding of abuse or neglect or sexual misconduct against such employee.  Notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, such employer shall report to the contractor any such finding, either telephonically or through written communication.  If the contractor receives any information indicating such a finding or otherwise receives any information indicating such a finding or otherwise has knowledge of such a finding, the contractor shall, notwithstanding the provisions of subsection (f) of Conn. Gen. Stat. § 31-51i, immediately forward such information to the district, either telephonically or through written communication.  If the district receives such information, it shall determine whether such employee may work in a position involving direct student contact at any school in the district.  No determination by the district that any such employee shall not work under any such contract in any such position shall constitute a breach of such contract. 
       
   8. Any applicant/employee who knowingly provides false information or knowingly fails to disclose information required in subdivision (1) of subsection (A) of this section shall be subject to discipline by the District that may include 
      1. denial of employment, or
      2. termination of the contract of a certified employee, in accordance with the provisions of Conn. Gen. Stat. § 10-151, or 
      3. termination of a non-certified employee in accordance with applicable law and/or any applicable collective bargaining agreement, contract or District policy.
          
   9. If the District provides information in accordance with paragraph I.A.2 or I.G of this policy, the District shall be immune from criminal and civil liability, provided the District did not knowingly supply false information. 
       
   10. Notwithstanding the provisions of Conn. Gen. Stat. § 10-151c and subsection (f) of Conn. Gen. Stat. § 31-51i, the District shall provide, upon request by another local or regional board of education, governing council of a state or local charter school, interdistrict magnet school operator, or supervisory agent of a nonpublic school for the purposes of an inquiry pursuant to paragraphs I.A.2 or I.G of this policy or to the Commissioner of Education pursuant to paragraph I.B of this policy any information that the District has concerning a finding of abuse or neglect or sexual misconduct by a subject of any such inquiry.
        
   11.     Prior to offering employment to an applicant, the District shall make a documented good faith effort to contact each current and any former employer (please note the definition of “former employer” employer above, including the applicable twenty year reporting period) of the applicant that was a local or regional board of education, governing council of a state or local charter school, interdistrict magnet school operator, or supervisory agent of a nonpublic school, or if the applicant’s employment with such current or former employer caused the applicant to have contact with children in order to obtain information and recommendations that may be relevant to the applicant’s fitness for employment.  Such effort, however, shall not be construed to require more than three telephonic requests made on three separate days.  
        
   12. The District shall not offer employment to any applicant who had any previous employment contract terminated by a local or regional board of education, council of a state or local charter school, interdistrict magnet school operator, or a supervisory agent of a nonpublic school, or who resigned from such employment, if the person has been convicted of a violation of Conn. Gen. Stat. § 17a-101a, when an allegation of abuse or neglect or sexual assault has been substantiated. 

A substitute teacher who is hired by the district must submit to state and national criminal history record checks according to the procedures outlined above, subject to the following:

The timelines regarding state and national criminal record checks identified in paragraph III.A. and III.A.2 may be modified by the district in accordance with any executive order issued by the Governor or any order issued by the Commissioner of Education that is related to the COVID-19 pandemic or public health emergency and in effect at the time a person is offered a position or hired by the district or a student teacher is offered a position or begins to perform his or her student teaching experience within the district. Notwithstanding any such modifications, the provisions of paragraphs III.A.3, III.A.4 and III.A.5 of this policy remain in effect. If any timelines are so extended or deferred, the district will continue to perform background checks to the greatest extent practicable and in accordance with applicable law.

2. DCF Registry Checks

   Prior to hiring any person for a position with the District, and before a student who is enrolled in a teacher preparation program in the District, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, begins such student teaching experience, the District shall require such applicant or student to submit to a records check of information maintained on the Registry concerning the applicant.

   For any applicant whose current or most recent employment occurred out of state, the District shall request that the applicant provide the District with authorization to access information maintained concerning the applicant by the equivalent state agency in the state of most recent employment, if such state maintains information about abuse and neglect and has a procedure by which such information can be obtained. Refusal to permit the District to access such information shall be considered grounds for rejecting any applicant for employment.

   The District shall request information from the Registry (or its out of state equivalent) promptly, and in any case no later than thirty (30) calendar days from the date of employment. Registry checks will be processed according to the following procedure:

   1. No later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has notified a job applicant of a decision to offer employment to the applicant, or as soon thereafter as practicable, the Superintendent or designee will either obtain the information from the Registry or, if the applicant’s consent is required to access the information, will supply the applicant with the release form utilized by DCF, (or its out of state equivalent when available), for obtaining information from the Registry.
   2. If consent is required to access the Registry, no later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has provided the successful job applicant with the form, the applicant must submit the signed form to DCF (or its out of state equivalent), with a copy to the Superintendent or designee.  Failure of the applicant to submit the signed form to DCF or its out of state equivalent within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.  
   3. Upon receipt of Registry (or out-of-state registry) information indicating previously undisclosed information concerning abuse or neglect investigations concerning the successful job applicant/employee, the Superintendent or the Superintendent’s designee will notify the affected applicant/employee in writing of the results of the Registry check and will provide an opportunity for the affected applicant/employee to respond to the results of the Registry check.
   4. If notification is received by the Superintendent or the Superintendent’s designee that that the applicant is listed as a perpetrator of abuse or neglect on the Registry, the Superintendent or designee shall provide the applicant with an opportunity to be heard regarding the results of the Registry check.  If warranted by the results of the Registry check and any additional information provided by the applicant, the Superintendent or designee shall revoke the offer of employment and/or terminate the applicant’s employment if the applicant has already commenced working for the District. 
       
3. Criminal Records Check Procedure
   1. A.    Each person hired by the District shall be required to submit to state and national criminal records checks within thirty (30) calendar days from the date of employment.  Each student who is enrolled in a teacher preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, shall be required to submit to state and national criminal records checks within sixty (60) calendar days from the date such student begins to perform such student teaching experience.  Record checks will be processed according to the following procedure, except as noted in paragraph III.C. of this policy.
      1. No later than five (5) calendar days after the Superintendent or the Superintendent’s designee has notified a job applicant of a decision to hire the applicant, or as soon thereafter as practicable, the Superintendent or designee will provide the applicant with a packet containing all documents and materials necessary for the applicant to be fingerprinted by the any State of Connecticut law enforcement agency.   This packet shall also contain all documents and materials necessary for the police department to submit the completed fingerprints to the State Police Bureau of Identification for the processing of state and national criminal records checks.  The Superintendent or Superintendent’s designee will also provide each applicant with the following notifications before the applicant obtains the applicant’s fingerprints: (1) Agency Privacy Requirements for Noncriminal Justice Applicants; (2) Noncriminal Justice Applicant’s Privacy Rights; (3) and the Federal Bureau of Investigation, United States Department of Justice Privacy Act Statement.
      2. No later than ten (10) calendar days after the Superintendent or the Superintendent’s designee has provided the successful job applicant with the fingerprinting packet, the applicant must arrange to be fingerprinted by the any State of CT law enforcement agency.  Failure of the applicant to have the applicant’s fingerprints taken within such ten-day period, without good cause, will be grounds for the withdrawal of the offer of employment.  
      3. Any person for whom criminal records checks are required to be performed pursuant to this policy must pay all fees and costs associated with the fingerprinting process and/or the submission or processing of the requests for criminal records checks.  Fees and costs associated with the fingerprinting process and the submission and process of requests are waived for student teachers, in accordance with state law.
      4. Upon receipt of a criminal records check indicating a previously undisclosed conviction, the Superintendent or the Superintendent’s designee will notify the affected applicant/employee in writing of the results of the record check and will provide an opportunity for the affected applicant/employee to respond to the results of the criminal records check.  The affected applicant/employee may notify the Superintendent or Superintendent’s designee in writing within five (5) calendar days that the affected/employee will challenge such individual’s criminal history records check.  Upon written notification to the Superintendent or Superintendent’s designee of such a challenge, the affected applicant/employee shall have ten (10) calendar days to provide the Superintendent or Superintendent’s designee with necessary documentation regarding the affected applicant/employee’s record challenge.  The Superintendent or Superintendent’s designee may grant an extension to the preceding ten-day period during which the affected applicant/employee may provide such documentation for good cause shown.
      5. Decisions regarding the effect of a conviction upon an applicant/employee, whether disclosed or undisclosed by the applicant/employee, will be made on a case-by-case basis.  Notwithstanding the foregoing, the falsification or omission of any information on a job application or in a job interview, including but not limited to information concerning criminal convictions or pending criminal charges, shall be grounds for disqualification from consideration for employment or discharge from employment.
      6. Notwithstanding anything in paragraph III.A.5 of this policy, above, no decision to deny employment or withdraw an offer of employment on the basis of an applicant/employee’s criminal history record shall be made without affording the applicant/employee the opportunities set forth in paragraph III.A.4 of this policy, above.
   2. Criminal Records Check for Substitute Teachers

      A substitute teacher who is hired by the District must submit to state and national criminal history records checks according to the procedures outlined above, subject to the following:

      1. If the state and national criminal history records checks for a substitute teacher have been completed within one year prior to the date the District hired the substitute teacher, and if the substitute teacher arranged for such prior criminal history records checks to be forwarded to the Superintendent or Superintendent’s designee, then the substitute teacher will not be required to submit to another criminal history records check at the time of such hire. 

      2. If a substitute teacher submitted to state and national criminal history records checks upon being hired by the District, then the substitute teacher will not be required to submit to another criminal history records check so long as the substitute teacher is continuously employed by the District, that is, employed for at least one day of each school year, by the District, provided a substitute teacher is subjected to such checks at least once every five years.

4. Sex Offender Registry Checks
   District personnel shall cross-reference the Connecticut Department of Public Safety’s sexual offender registry prior to hiring any new employee and before a student who is enrolled in a teacher preparation program, as defined in section 10-10a of the Connecticut General Statutes, and completing a student teaching experience with the District, begins such student teaching experience.  Registration as a sexual offender constitutes grounds for denial of employment opportunities and opportunities to perform student teaching experiences in the school District.  
5. Credit Checks

   The District may also ask a prospective employee for a credit report for employment for certain District positions, where the District’s receipt of a credit report is substantially related to the employee’s potential job. “Substantially related to the current or potential job” is defined to mean “the information contained in the credit report is related to the position for which the employee or prospective employee who is the subject of the report is being evaluated because of the position.”  Prior to asking for a credit report, the District will determine whether the position falls within one of the categories as described in this paragraph.  The position must:  (1) be a managerial position which involves setting the direction or control of the District; (2) involve access to employees’ personal or financial information; (3) involve a fiduciary responsibility to the District, including, but not limited to, the authority to issue payments, collect debts, transfer money or enter into contracts; (4) provide an expense account or District debit or credit card; or (5) involve access to the District’s nonfinancial assets valued at two thousand five dollars or more.  

   When a credit report will be requested as part of the employment process, the District will provide written notification to the prospective employee regarding the use of credit checks.  That notification must be provided in a document separate from the employment application.  The notification must state that the District may use the information in the consumer credit report to make decisions related to the individual’s employment.  

   The District will obtain consent before performing the credit or other background checks.  If the District intends to take an action adverse to a potential employee based on the results of a credit report, the District must provide the prospective employee with a copy of the report on which the District relied in making the adverse decision, as well as a copy of “A Summary of Your Rights Under the Fair Credit Reporting Act,” which should be provided by the company that provides the results of the credit check.  The District will notify the prospective employee either orally, in writing or via electronic means that the adverse action was taken based on the information in the consumer report.  That notice must include the name, address and phone number of the consumer reporting company that supplied the credit report; a statement that the company that supplied the report did not make the decision to take the unfavorable action and cannot provide specific reasons for the District’s actions; and a notice of the person’s right to dispute the accuracy or completeness of any information the consumer reporting company furnished, and to get an additional free report from the company if the person asks for it within sixty (60) calendar days.  
    

6. Notice of Conviction
   IIf, at any time, the District receives notice of a conviction of a crime by a person holding a certificate, authorization or permit issued by the State Board of Education, the District shall send such notice to the State Board of Education.  In complying with this requirement, the District shall not disseminate the results of any national criminal history records check.
7. School Nurses
   School nurses or nurse practitioners appointed by, or under contract with, the District shall also be required to submit to a criminal history records check in accordance with the procedures outlined above.
8. Personal Online Accounts
   For purposes of this policy, “personal online account” means any online account that is used by an employee or applicant exclusively for personal purposes and unrelated to any business purpose of the District, including, but not limited to, electronic mail, social media and retail-based Internet web sites.  “Personal online account” does not include any account created, maintained, used or accessed by an employee or applicant for a business purpose of the District.
   1. During the course of an employment check, the district may not:
      1. request or require that an applicant provide the District with a user name and password, password or any other authentication means for accessing a personal online account;
      2. request or require that an applicant authenticate or access a personal online account in the presence of District personnel; or 
      3. require that an applicant invite a supervisor employed by the District or accept an invitation from a supervisor employed by the District to join a group affiliated with any personal online account of the applicant.  
   2. The District may request or require that an applicant provide the District with a user name and password, password or any other authentication means for accessing: 
      1. any account or service provided by District or by virtue of the applicant’s employment relationship with the District or that the applicant uses for the District’s business purposes, or 
      2. any electronic communications device supplied or paid for, in whole or in part, by the District.  
   3. In accordance with applicable law, the District maintains the right to require an applicant to allow the District to access the applicant’s personal online account, without disclosing the user name and password, password or other authentication means for accessing such personal online account, for the purpose of: 

      1. conducting an investigation for the purpose of ensuring compliance with applicable state or federal laws, regulatory requirements or prohibitions against work-related employee misconduct based on the receipt of specific information about activity on an applicant’s personal online account; or 

      2. conducting an investigation based on the receipt of specific information about an applicant’s unauthorized transfer of the District’s proprietary information, confidential information or financial data to or from a personal online account operated by an applicant or other source. 

9. Policy Inapplicable to Certain Individuals
   This policy shall also not apply to:
   1. A student employed by the district who attends a district school.
   2. A person employed by the District as a teacher for a noncredit adult class or adult education activity, as defined in Conn. Gen. Stat. § 10-67, who is not required to hold a teaching certificate pursuant to Conn. Gen. Stat. § 10-145b for such position. 
10. Falsification of Records

    Notwithstanding any other provisions of this policy, the falsification or omission of any information on a job application or in a job interview, including but not limited to information concerning abuse or neglect investigations or pending criminal applications, shall be grounds for disqualification from consideration for employment or discharge from employment.

Legal References:

Conn. Gen. Stat. § 10-212
Conn. Gen. Stat. § 10-221d
Conn. Gen. Stat. § 10-222c
Conn. Gen. Stat. § 31-40x
Conn. Gen. Stat. § 31-51i
Conn. Gen. Stat. § 31-51tt

Public Act 19-91, “An Act Concerning Various Revisions and Additions to the Education Statutes.”
Elementary and Secondary Education Act, reauthorized as the Every Student Succeeds Act, Pub. L. 114-95, codified at 20 U.S.C.§ 1001 et seq.
Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

Date of Adoption: September 22, 2020
Date of Revision: October 17, 2023

#4112 Hiring of Personnel

Certified Staff

It is the policy of the Board of Education to appoint the most qualified applicants to positions of employment within the Public Schools.  The Board of Education shall be responsible for the appointment of all building level and district-wide administrator positions.  The Board of Education shall make such appointments in accordance with the procedures set forth in Section 10-151 of the Connecticut General Statutes, and in accordance with any applicable collective bargaining agreement.  

The Superintendent of Schools shall be responsible for appointments to all other positions requiring a certificate issued by the State Board of Education.  

Non-Certified Staff

It is the policy of the Board of Education to appoint the most qualified applicants to positions of employment within the Public Schools, subject to the provisions of any applicable collective bargaining agreement.  The Superintendent of Schools or his/her designee shall be responsible for appointments to all positions of employment within the Public Schools which do not require a certificate issued by the State Board of Education.  

Reporting

The Superintendent shall provide regular reports of all teaching vacancies, leaves of absence, transfers, and new hires to the Board Education.  Executive Session can be utilized as needed.

Legal Reference:

• Connecticut General Statutes §10-151
• Connecticut General Statutes § 10-220

Date of Adoption:     October 2, 1972
Date of Revision:    November 19, 1991
Date of Revision:    May 3, 2005
Technical Revision:    April 4, 2006
Date of Revision:    November 15, 2011
Technical Revision:    September 17, 2013
Date of Revision:    June 21, 2022
 

#4114 Nepotism

Formerly 4112.8 / 4212.8 Nepotism: Employment of Relatives

Purpose

It is the policy of the Madison Board of Education (the “Board”) to recruit and hire qualified applicants for employment within the Madison Public Schools (the “District”), while avoiding both nepotism and the appearance of nepotism.

Definitions

“Immediate family”

means a spouse, child, parent, sister, brother, half-sister or half-brother.

“Relative”

means a sister-in-law, brother-in-law, mother-in-law, father-in-law, daughter-in-law, son-in-law, step parent, aunt, uncle, niece, nephew, first cousin, grandparent, step child, foster child, grandchild or individual living in the same household.

“Familial relationship”

means a relationship between a member of one’s immediate family or a relative, as defined within this policy.

Prohibitions on Hiring

No relative or immediate family member of the Superintendent of Schools (“Superintendent”) shall be hired to any position of employment. 
 
No immediate family member of a Board member or any other district-level administrator shall be hired to any position of employment.  

Restrictions on Employment of Relatives

No individuals shall be hired in a position of employment that would result in a supervisory or evaluative relationship between a current employee and a relative.  
No employee may be involved in the process of screening for advancement in the application process, interviewing or hiring of his or her relatives.

Employees will not be hired, promoted, transferred or assigned to work in positions in the same school or work unit or department in which a relative is already employed, unless the Superintendent approves such an assignment in writing. 

No administrator or supervisor shall supervise any of his or her relatives.  

Employees will not be hired, promoted, transferred or assigned to work in positions in which they will have access to confidential information regarding a relative, such as, but not limited to, information regarding benefits selections, confidential medical information or personnel records that are not subject to public disclosure.

No individuals shall be hired in a position of employment that would result in a supervisory or evaluative relationship between a current employee and a relative.  

Restrictions on Employment of Immediate Family Members

No employee may be involved in the process of screening for advancement in the application process, interviewing or hiring of an immediate family member.

Employees will not be hired, promoted, transferred or assigned to work in positions in the same school or work unit or department in which an immediate family member is already employed, unless the Superintendent approves such an assignment in writing. 

No person who is a member of the immediate family of a building administrator or department supervisor may be nominated for or transferred or otherwise assigned to any position within that administrator’s building or supervisor’s department. No administrator or supervisor shall supervise any member of his or her immediate family.  

Employees will not be hired, promoted, transferred or assigned to work in positions in which they will have access to confidential information regarding an immediate family member, such as, but not limited to, information regarding benefits selections, confidential medical information or personnel records that are not subject to public disclosure.

Disclosure Requirements

A Board member or administrator who has an existing familial relationship with an employee, as defined above, or who has had a change in circumstances which creates a familial relationship with any employee of the District, shall declare such relationship to the Superintendent or Chair of the Board immediately.

If a change in circumstances creates a familial relationship between an employee and his or her supervisor, the Board, through its Superintendent, reserves the right to seek a transfer of any employee in order to resolve any concerns about the operations of the district with respect to nepotism or the appearance of nepotism. The Superintendent may also provide for the evaluation and/or supervision of the employee outside of the typical chain of command in order to resolve any concerns about nepotism or the appearance of nepotism.

A Board member or administrator who knows that his or her relative or immediate family member has applied for a position with the District shall declare such relationship to the Superintendent or the Chair of the Board as soon practicable.

In addition to the requirements set forth above regarding familial relationships, if a romantic relationship develops between an employee and (1) an administrator who has a supervisory or evaluative relationship with the employee, or (2) a member of the Board, the affected administrator or member of the Board shall declare such relationship to the Superintendent. 

Recusal

A member of the Board should not vote on any action of the Board that will directly affect a relative or member of his or her immediate family.

Discharge and Denial of Re-Employment

No current employee will be discharged or denied re-employment pursuant to an applicable recall provision based on this policy.  

Date of Adoption:   October 17, 2023
 

#4116 Alcohol, Tobacco & Drug Free Workplace
(formerly Alcohol, Drugs & Tobacco)
 

Purpose

The purpose of this policy is to establish a workplace that is free of the effects of alcohol and second-hand smoke, and free from drug abuse.  By accomplishing this purpose, the Board of Education (the “Board”) also seeks to promote a safe, healthy working environment for all employees and to reduce absenteeism, tardiness, and other job performance problems that may be caused by alcohol and/or drug abuse.  This policy is adopted in accordance with state law and the Drug Free Workplace Act.

Statement of Policy

Employees shall not be involved with the unlawful manufacture, distribution, possession, or use of an illegal drug, a controlled substance, or alcohol, and shall not be under the influence of such substances while on school property or while conducting Board business on or off school property.  Any employee who discovers illegal drugs, a controlled substance, or alcohol on school property shall notify the Superintendent or the Superintendent’s designee who shall investigate the matter.

An employee must report any conviction under a criminal drug statute for violations occurring on or off school property while on Board business to the Superintendent or his/her designee within five (5) days after the conviction.  The Board will notify any agency awarding a grant to the Board of such conviction within ten (10) days thereafter.

Employees shall only use prescription drugs on school property, or during the conduct of Board business, that have been prescribed to them by a licensed medical practitioner, and such drugs shall be used only as prescribed.  However, in accordance with Conn. Gen. Stat. § 21a-408a through 408q, the Board specifically prohibits the palliative use of marijuana on school property, at a school-sponsored activity, or during the conduct of
 
Board business, and specifically prohibits employees from being under the influence of intoxicating substances, including marijuana used for palliative purposes, during work hours.

The Board prohibits the use or possession of tobacco or tobacco products, including the use of an electronic nicotine delivery system, electronic cannabis delivery system or vapor products in any area of a school building, on school property, including property owned, leased, contracted for or utilized by the Board, or at any school-sponsored activity, at any time.  Tobacco and tobacco products include, but are not limited to cigarettes, cigars, snuff, bidis, smoking tobacco, smokeless tobacco, vapor product, nicotine delivering devices, chemicals, or devices that produce the same flavor or physical effect of nicotine substances; and any other tobacco or nicotine innovations.  The use of smoking cessation products such as the nicotine patch, nicotine gum, and/or nicotine lozenge are, however, permitted. 

While Connecticut law allows for the legal use of marijuana under certain circumstances, because marijuana use is still prohibited under federal law, the use of marijuana at work, or outside of work if it impairs an employee’s ability to perform their job, constitutes a violation of this policy. 

Violations of this policy may result in disciplinary action, up to and including possible termination of employment.

Definitions

“Any area” shall mean the interior of a school building and the outside area within twenty-five feet of any doorway, operable window or air intake vent of a school building.

“Cannabis” shall mean marijuana, as defined in Conn. Gen. Stat. § 21a-240.
 
“Controlled substance” shall mean a controlled substance in schedules I through V of section 202 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. 812), including marijuana. 

“Electronic cannabis delivery system” shall mean an electronic device that may be used to simulate smoking in the delivery of cannabis to a person inhaling the device and includes, but is not limited to, a vaporizer, electronic pipe, electronic hookah and any related device and any cartridge or other component of such device.  

 “Electronic nicotine delivery system” shall mean an electronic device used in the delivery of nicotine to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device, including, but not limited to, electronic cigarette liquid or synthetic nicotine.  

“School property” shall mean any land and all temporary and permanent structures comprising the district’s school and administrative office buildings and includes, but is not limited to, classrooms, hallways, storage facilities, theatres, gymnasiums, fields, and parking lots.

“School-sponsored activity” shall mean any activity sponsored, recognized, or authorized by a board of education and includes activities conducted on or off school property.

“Smoke” or “smoking” shall mean the burning of a lighted cigar, cigarette, pipe or any other similar device, whether containing, wholly or in part, tobacco, cannabis or hemp. 

“Vapor product” shall mean any product that employs a heating element, power source, electronic circuit or other electronic, chemical or mechanical means, regardless of shape or size, to produce a vapor that may or may not include nicotine or cannabis and is inhaled by the user of such product.

Employee Assistance

In appropriate circumstances, the Board shall provide an employee with an opportunity for rehabilitation in overcoming addiction to, dependence upon or other problem with alcohol or drugs.

Employees who feel they have developed an addiction to, dependence upon, or other problem with alcohol or drugs are encouraged to seek assistance.  Certain benefits for alcoholism or drug addiction are provided under the Board's group medical insurance plan.  An employee may be given an opportunity to participate in a rehabilitation program that requires absence from work for bona fide treatment.  Such absence may be charged to the employee's accrued and unused sick leave, subject to the provisions of the employee's collective bargaining agreement and/or any applicable Board policies and regulations.

Any request for assistance with a drug or alcohol problem will be treated as confidential and only those persons "needing to know" will be made aware of such request.

 

Legal References:

Connecticut General Statutes:

• Conn. Gen. Stat. § 10-233a(h)  (definition of school-sponsored activity)
• Conn. Gen. Stat. § 19a-342
• Conn. Gen. Stat. § 19a-342a
• Conn. Gen. Stat. § 21a-408a through 408q (palliative use of marijuana)
• June Special Session, Public Act No. 21-1

United States Code:

• Pro-Children Act of 2001, 20 U.S.C. § 7973, as amended by the Every Student Succeeds Act, Public Law 114-95, § 4001
• Drug Free Workplace Act, 41 U.S.C. § 8101 et seq.

Date of Adoption: December 5, 1989
Cross Referenced: October 16, 1990
Date of Revision: June 16, 2009
Date of Revision:  April 26, 2022

Prohibition of Sex Discrimination, Including Sex-based Harassment

The Madison Board of Education (the “Board”) and Madison Public Schools (the “District”) do not discriminate on the basis of sex and prohibit sex discrimination in any education program or activity that the Board and/or District operate, as required by Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq. and its implementing regulations (“Title IX”), as it may be amended from time to time, Title VII of the Civil Rights Act of 1964 (“Title VII”), and Connecticut law.

Inquiries about Title IX may be referred to the District’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both. The District’s Title IX Coordinator is:

Director of Special Education
10 Campus Drive
Madison, CT  06443
203-245-6341
battaglia.elizabeth@madisonps.org

The Superintendent of Schools shall develop and adopt grievance procedures that provide for the prompt and equitable resolution of complaints made (1) by students, employees, or other individuals who are participating or attempting to participate in the District’s education program or activity, or (2) by the Title IX Coordinator, alleging any action that would be prohibited by Title IX, Title VII, or Connecticut law (the “Administrative Regulations”). The Administrative Regulations are located hereafter.

Sex discrimination occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance. This includes discrimination on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex discrimination includes sex-based harassment, as defined below.

Sex-based harassment is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, including on the basis of sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity, that is:

1. Quid pro quo harassment, or where an employee, agent or other person authorized by the Board to provide an aid, benefit or services under its education program or activity explicitly or impliedly conditions the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct;
2. Hostile environment harassment, or unwelcome sex-based conduct that based on the totality of the circumstances, is (1) subjectively and objectively offensive and (2) so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the District’s education program or activity. Whether a hostile environment has been created is a fact-specific inquiry that includes consideration of the following:          

             a.   the degree to which the conduct affected the complainant’s ability to access the District’s education program or activity;

             b.   the type, frequency, and duration of the conduct;

c.   the parties’ ages, roles within the District’s education program or activity, previous interactions, and other factors about each party that may be relevant  to evaluating the effects of the conduct;

d.      the location of the conduct and the context in which the conduct occurred; and

e.       other sex-based harassment in the District’s education program or activity; or

3.      A specific offense, as follows:

a.       Sexual assault, meaning an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation;

b.      Dating violence, meaning violence committed by a person: (i) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (ii) where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship;

c.       Domestic violence, meaning felony or misdemeanor crimes committed by a person who: (i) is a current or former spouse or intimate partner of the victim under the family or domestic violence laws of Connecticut, or a person similarly situated to a spouse of the victim; (ii) is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; (iii) shares a child in common with the victim; or (iv) commits acts against a youth or adult victim who is protected from those acts under the family or domestic violence laws of Connecticut; or

d.      Stalking, meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (i) fear for the person’s safety or the safety of others; or (ii) suffer substantial emotional distress.

Reporting Sex Discrimination:

The following people have a right to make a complaint of sex discrimination, including a complaint of sex-based harassment, requesting that the District investigate and make a determination about alleged discrimination under Title IX:

1.      A “complainant,” which includes:

a.       a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX; or

b.      a person other than a student of the District or employee of the Board who is alleged to have been subjected to conduct that could constitute sex discrimination under Title IX at a time when that individual was participating or attempting to participate in the Board’s education program or activity;

2.      A parent, guardian, or other authorized legal representative with the legal right to act on behalf of a complainant; and

3.      The District’s Title IX Coordinator.

For clarity, a person is entitled to make a complaint of sex-based harassment only if they themselves are alleged to have been subjected to the sex-based harassment, if they have a legal right to act on behalf of such person, or if the Title IX Coordinator initiates a complaint consistent with the requirements of Title IX.

With respect to complaints of sex discrimination other than sex-based harassment, in addition to the people listed above, the following persons have a right to make a complaint:

• Any student of the District or employee of the Board; or
• Any person other than a student of the District or employee of the Board who was participating or attempting to participate in the Board’s education program or activity at the time of the alleged sex discrimination.

To report information about conduct that may constitute sex discrimination or make a complaint of sex discrimination under Title IX, please contact the District’s Title IX Coordinator or an administrator.

Any Board employee who has information about conduct that reasonably may constitute sex discrimination must as immediately as practicable notify the Title IX Coordinator. If the Title IX Coordinator is alleged to have engaged in sex discrimination, Board employees shall instead notify their building principal or the Superintendent of Schools, if the employee is not assigned to a school building.

Individuals may also make a report of sex discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of Education, 9^th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone (617) 289-0111) and/or to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).

Legal References:    

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 C.F.R § 106.1, et seq.
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a)
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Gebser v. Lago Vista Independent School District, 524 U.S. 274 (1998)
Davis v. Monroe County Board of Education, 526 U.S. 629 (1999)
Equal Employment Opportunity Commission Policy Guidance on Current Issues of Sexual Harassment (N-915.050), March 19, 1990
Conn. Gen. Stat. § 10-15c - Discrimination in public schools prohibited. 
Conn. Gen. Stat. § 46a-54 - Commission powers Connecticut 
Conn. Gen. Stat. § 46a-60 - Discriminatory employment practices prohibited
Conn. Gen. Stat. § 46a-81c - Sexual orientation discrimination: Employment
Conn. Gen. Stat. § 10-153 - Discrimination on the basis of sex, gender identity or expression or marital status prohibited
Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207
Brittell v. Department of Correction, 247 Conn. 148 (1998)
Fernandez v. Mac Motors, Inc., 205 Conn. App. 669 (2021)
 

Date of Adoption:    August 25, 2020
Date of Revision:    March 16, 2021
Date of Revision:    October 12, 2021

Date of Revision:     October 22, 2024

Regulation #4116.1 Sex Discrimination and Sexual Harassment

#4118.14 Americans with Disabilities Act/Section 504

Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance.  Similarly, Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination against individuals with a disability by state and local governments.  To be protected under Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such an impairment; or (3) be regarded as having such an impairment.  

In order to fulfill its obligation under Section 504/ADA, the Board of Education (the “Board”) recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents/guardians and members of the public who participate in school sponsored programs.  In this regard, the Board prohibits discrimination against any person with a disability in any of the services, programs or activities of the school system.

Employees who are interested in requesting or discussing reasonable accommodations for a disability should contact the Section 504/ADA Coordinator:

Director of Special Education
10 Campus Drive
Madison, CT  06443
202-245-6341

Any employee may file an internal grievance/complaint regarding discrimination on the basis of disability by or within the District by utilizing the grievance/complaint procedures outlined in the Board’s Administrative Regulations Regarding Employees and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):

Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA  02109- 3921
(617) 289-0111

Employees may also file a complaint regarding employment discrimination on the basis of disability with:

Equal Employment Opportunity Commission
Boston Area Office
John F. Kennedy Federal Building
 15 New Sudbury Street, Room 475
Boston, MA  02203 -0506
(800) 669-4000

Employees may also file a complaint with:

Connecticut Commission on Human Rights and Opportunities
 450 Columbus Blvd.
Hartford, CT   06103-1835
(800) 477-5737

Anyone who wishes to file a grievance/complaint with the district, or who has questions or concerns about this policy, should contact the Director of Special Education, the Section 504/ADA Coordinator for the Madison Public Schools, at 203-245-6341.

Legal References:    

29 U.S.C. §§ 705, 794
34 C.F.R. Part 104
42 U.S.C. § 12101 et seq.
28 C.F.R. Part 35

Date of Adoption:  June 19, 1990
Date of Revision:  October 3, 2006
Date of Revision:  December 15, 2020 

Date of Revision:   November 26, 2024
 

REGULATION 4118.14

#4119 Reports of Suspected Abuse or Neglect of Children or Reports of Sexual Assault of Students by School Employees

Conn. Gen. Stat. Section 17a-101 et seq. requires school employees who have reasonable cause to suspect or believe (1) that any child under eighteen has been abused or neglected, has had a nonaccidental physical injury, or injury which is at variance with the history given of such injury, or has been placed at imminent risk of serious harm, or (2) that any person who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program, is a victim of sexual assault, and the perpetrator is a school employee, to report such suspicions to the appropriate authority. In furtherance of this statute and its purpose, it is the policy of the Madison Board of Education (“Board”) to require ALL EMPLOYEES of the Board of Education to report suspected abuse and/or neglect, nonaccidental physical injury, imminent risk of serious harm, or sexual assault of a student by a school employee, in accordance with the procedures set forth below.  

1.    Scope of Policy

This policy applies not only to school employees who are required by law to report suspected child abuse and/or neglect, nonaccidental physical injury, imminent risk of serious harm, or sexual assault of a student by a school employee, but to ALL EMPLOYEES of the Board of Education.

2.    Definitions

For the purposes of this policy:

"Abused" means that a child (a) has had physical injury or injuries inflicted upon the child other than by accidental means, or (b) has injuries which are at variance with the history given of them, or (c) is in a condition which is the result of maltreatment, such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment.

"Neglected" means that a child (a) has been abandoned, or (b) is being denied proper care and attention, physically, educationally, emotionally or morally, or (c) is being permitted to live under conditions, circumstances or associations injurious to the child’s well-being, or (d) has been abused.

"School employee" means (a) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, school counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by the Board or who is working in a Board elementary, middle or high school; or (b) any other person who, in the performance of  that person’s duties, has regular contact with students and who provides services to or on behalf of students enrolled in the Madison Public Schools (“District”), pursuant to a contract with the Board.

"Sexual assault" means, for the purposes of the mandatory reporting laws and this policy, a violation of Sections 53a-70, 53a-70a, 53a-71, 53a-72a, 53a-72b or 53a-73a of the Connecticut General Statutes.  Please see Appendix A of this policy for the relevant statutory definitions of sexual assault laws and related terms covered by the mandatory reporting laws and this policy.

"Statutorily mandated reporter" means an individual required by Conn. Gen. Stat. Section 17a-101 et seq. to report suspected abuse and/or neglect of children or the sexual assault of a student by a school employee.  The term "statutorily mandated reporter" includes all school employees, as defined above, any person who is a licensed behavior analyst, and any person who holds or is issued a coaching permit by the State Board of Education, is a coach of intramural or interscholastic athletics, and is eighteen years of age or older.

3.    What Must Be Reported

1. A report must be made when any employee of the Board of Education in the ordinary course of such person’s employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years:

   1. has been abused or neglected;
   2. has had nonaccidental physical injury, or injury which is at variance with the history given for such injury, inflicted upon the child; 
   3. is placed at imminent risk of serious harm; or
       
2. A report must be made when any employee of the Board of Education in the ordinary course of such person’s employment or profession has reasonable cause to suspect or believe that any person, regardless of age, who is being educated by the Technical Education and Career System or a local or regional board of education, other than as part of an adult education program, is a victim of the following sexual assault crimes, and the perpetrator is a school employee:
   1. sexual assault in the first degree;
   2. aggravated sexual assault in the first degree;
   3. sexual assault in the second degree;
   4. sexual assault in the third degree;
   5. sexual assault in the third degree with a firearm; or
   6. sexual assault in the fourth degree.
      
      Please see Appendix A of this policy for the relevant statutory definitions of sexual assault laws and related terms covered by the mandatory reporting laws and this policy.
       
3. The suspicion or belief of a Board employee may be based on factors including, but not limited to, observations, allegations, facts or statements by a child or victim, as described above, or a third party.  Such suspicion or belief does not require certainty or probable cause.

4. Reporting Procedures for Statutorily Mandated Reporters

The following procedures apply only to statutorily mandated reporters, as defined above.

1. When an employee of the Board of Education who is a statutorily mandated reporter and who, in the ordinary course of the person's employment, has reasonable cause to suspect or believe that a child has been abused or neglected or placed at imminent risk of serious harm, or a student is a victim of sexual assault by a school employee, as described in Paragraph 3, above, the following steps shall be taken.
   1. The employee shall make an oral or electronic report as soon as practicable, but not later than twelve (12) hours after having reasonable cause to suspect or believe that a child has been abused or neglected or placed at imminent risk of serious harm, or a student is a victim of sexual assault by a school employee.
      1. An oral report shall be made by telephone or in person to the Commissioner of the Department of Children and Families (“DCF”) or the local law enforcement agency. DCF has established a 24 hour Child Abuse and Neglect Careline at 1-800-842-2288 for the purpose of making such oral reports.
      2. An electronic report shall be made in the manner prescribed by the Commissioner of DCF. An employee making an electronic report shall respond to further inquiries from the Commissioner of DCF or Commissioner’s designee made within twenty-four (24) hours. Such employee shall inform the Superintendent or Superintendent’s designee as soon as possible as to the nature of the further communication with the Commissioner or Commissioner’s designee.
   2. The employee shall also make an oral report as soon as practicable to the Building Principal or Building Principal’s designee, and/or the Superintendent or Superintendent’s designee.  If the Building Principal is the alleged perpetrator of the abuse/neglect or sexual assault of a student, then the employee shall notify the Superintendent or  Superintendent's designee directly.
   3. In cases involving suspected or believed abuse, neglect, or sexual assault of a student by a school employee, the Superintendent or Superintendent’s designee shall immediately notify the child's parent or guardian that such a report has been made.
   4. Not later than forty-eight (48) hours after making an oral report, the employee shall submit a written or electronic report to the Commissioner of DCF or the Commissioner’s designee containing all of the required information. The written or electronic report should be submitted in the manner prescribed by the Commissioner of DCF.  When such report is submitted electronically, the employee shall respond to further inquiries from the Commissioner of DCF or Commissioner’s designee made within twenty-four (24) hours. Such employee shall inform the Superintendent or  Superintendent’s designee as soon as possible as to the nature of the further communication with the Commissioner or Commissioner’s designee.  
   5. The employee shall immediately submit a copy of the written or electronic report to the Building Principal or Building Principal’s designee and to the Superintendent or the Superintendent's designee.
   6. If the report concerns suspected abuse, neglect, or sexual assault of a student by a school employee holding a certificate, authorization or permit issued by the State Department of Education, the Commissioner of DCF (or   Commissioner of DCF’s designee) shall submit a copy of the written or electronic report to the Commissioner of Education (or Commissioner of Education’s  designee).

5. Reporting Procedures for Employees Other Than Statutorily Mandated Reporters

The following procedures apply only to employees who are not statutorily mandated reporters, as defined above.

1. When an employee who is not a statutorily mandated reporter and who, in the ordinary course of the person’s employment or profession, has reasonable cause to suspect or believe that a child has been abused or neglected or placed at imminent risk of serious harm, or a student is a victim of sexual assault by a school employee, as described in Paragraph 3, above, the following steps shall be taken.
   1. The employee shall make an oral report as soon as practicable, but not later than twelve (12) hours after the employee has reasonable cause to suspect or believe that a child has been abused or neglected or placed at imminent risk of serious harm or a student is a victim of sexual assault by a school employee.  Such oral report shall be made by telephone or in person to the Superintendent of Schools or  Superintendent’s designee, to be followed by an immediate written report to the Superintendent or  Superintendent’s designee.
   2. If the Superintendent or Superintendent’s designee determines that there is reasonable cause to suspect or believe that a child has been abused or neglected or placed at imminent risk of serious harm or a student is a victim of sexual assault by a school employee,  the Superintendent shall cause reports to be made in accordance with the procedures set forth for statutorily mandated reporters. 
2. Nothing in this policy shall be construed to preclude an employee reporting suspected child abuse, neglect or sexual assault by a school employee from reporting the same directly to the Commissioner of DCF.

6. Contents of Reports

Any report made pursuant to this policy shall contain the following information, if known:

1. The names and addresses of the child* and  the child’s parents or other person responsible for  the child’s care;
2. the age of the child;
3. the gender of the child;
4. d)the nature and extent of the child's injury or injuries, maltreatment or neglect;
5. the approximate date and time the injury or injuries, maltreatment or neglect occurred;
6. information concerning any previous injury or injuries to, or maltreatment or neglect of the child or  the child’s siblings;
7. the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter;
8. the name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; 
9. the reasons such person or persons are suspected of causing such injury or injuries, maltreatment or neglect; 
10. ;any information concerning any prior cases in which such person or persons have been suspected of causing an injury, maltreatment or neglect of a child; and
11. whatever action, if any, was taken to treat, provide shelter or otherwise assist the child.

*For purposes of this Paragraph, the term “child” includes any victim of sexual assault by a school employee, as described in Paragraph 3, above.

7. Investigation of the Report

1. The Superintendent or Superintendent’s designee shall thoroughly investigate reports of suspected abuse, neglect or sexual assault if/when such report involves an employee of the Board of Education or other individual under the control of the Board, provided the procedures in subparagraph (b), below are followed.  In all other cases, DCF shall be responsible for conducting the investigation with the cooperation and collaboration of the Board, as appropriate.
2. Recognizing that DCF is the lead agency for the investigation of child abuse and neglect reports and reports of a student’s sexual assault by school employees, the Superintendent's investigation shall permit and give priority to any investigation conducted by the Commissioner of DCF or the appropriate local law enforcement agency.  The Superintendent shall conduct the District’s investigation and take any disciplinary action, consistent with state law, upon notice from the Commissioner of DCF or the appropriate local law enforcement agency that the District’s investigation will not interfere with the investigation of the Commissioner of DCF or the local law enforcement agency. 
3. The Superintendent shall coordinate investigatory activities in order to minimize the number of interviews of any child or student victim of sexual assault and share information with other persons authorized to conduct an investigation of child abuse or neglect, as appropriate. 
4. Any person reporting child abuse or neglect or the sexual assault of a student by a school employee, or having any information relevant to alleged abuse or neglect or of the sexual assault of a student by a school employee, shall provide the Superintendent with all information related to the investigation that is in the possession or control of such person, except as expressly prohibited by state or federal law. 
5. When the school district is conducting an investigation involving suspected abuse or neglect or sexual assault of a student by an employee of the Board or other individual under the control of the Board, the Superintendent’s investigation shall include an opportunity for the individual suspected of abuse, neglect or sexual assault to be heard with respect to the allegations contained within the report.  During the course of such investigation, the Superintendent may suspend a Board employee with pay or may place the employee on administrative leave with pay, pending the outcome of the investigation.  If the individual is one who provides services to or on behalf of students enrolled in the District, pursuant to a contract with the Board of Education, the Superintendent may suspend the provision of such services, and direct the individual to refrain from any contact with students enrolled in the District, pending the outcome of the investigation.

8. Evidence of Abuse, Neglect or Sexual Assault by a School Employee 

1. If, upon completion of the investigation by the Commissioner of DCF (“Commissioner”), the Superintendent has received a report from the Commissioner that  the Commissioner has reasonable cause to believe that (1) a child has been abused or neglected by a school employee, as defined above, and the Commissioner has recommended that such employee be placed on the DCF Child Abuse and Neglect Registry, or (2) a student is a victim of sexual assault by a school employee, the Superintendent shall request (and the law provides) that DCF notify the Superintendent not later than five (5) working days after such finding, and provide the Superintendent with records, whether or not created by DCF, concerning such investigation.  The Superintendent shall suspend such school employee. Such suspension shall be with pay and shall not result in the diminution or termination of benefits to such employee.   
2. Not later than seventy-two (72) hours after such suspension, the Superintendent shall notify the Board of Education and the Commissioner of Education, or the Commissioner of Education's representative, of the reasons for and the conditions of the suspension. The Superintendent shall disclose such records to the Commissioner of Education and the Board of Education or its attorney for purposes of review of employment status or the status of such employee's certificate, permit or authorization, if any.
3. The suspension of a school employee employed in a position requiring a certificate shall remain in effect until the Superintendent and/or Board of Education acts pursuant to the provisions of Conn. Gen. Stat. §10-151. If the contract of employment of such certified school employee is terminated, or such certified school employee resigns such employment, the Superintendent shall notify the Commissioner of Education, or the Commissioner of Education's representative, within seventy-two (72) hours after such termination or resignation.
4. The suspension of a school employee employed in a position requiring an authorization or permit shall remain in effect until the Superintendent and/or Board of Education acts pursuant to any applicable termination provisions. If the contract of employment of a school employee holding an authorization or permit from the State Department of Education is terminated, or such school employee resigns such employment, the Superintendent shall notify the Commissioner of Education, or the Commissioner of Education's representative, within seventy-two (72) hours after such termination or resignation.
5. Regardless of the outcome of any investigation by the Commissioner of DCF and/or the police, the Superintendent and/or the Board, as appropriate, may take disciplinary action, up to and including termination of employment, in accordance with the provisions of any applicable statute, if the Superintendent’s investigation produces evidence that a child has been abused or neglected by a school employee or that a student has been a victim of sexual assault by a school employee.
6. The District shall not employ a person whose employment contract is terminated or who resigned from employment following a suspension pursuant to Paragraph 8(a) of this policy and Conn. Gen. Stat. § 17a-101i, if such person is convicted of a crime involving an act of child abuse or neglect or an act of sexual assault of a student, as described in Paragraph 2 of this policy.

9.    Evidence of Abuse, Neglect or Sexual Assault by an Independent Contractor of the Board of Education

If the investigation by the Superintendent and/or the Commissioner of DCF produces evidence that a child has been abused or neglected, or a student has been sexually assaulted, by any individual who provides services to or on behalf of students enrolled in the District, pursuant to a contract with the Board, the Superintendent shall permanently suspend the provision of such services, and direct the individual to refrain from any contact with students enrolled in the District.

10.    Delegation of Authority by Superintendent  

The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

11.    Confidential Rapid Response Team

The Superintendent shall establish a confidential rapid response team to coordinate with DCF to (1) ensure prompt reporting of suspected abuse or neglect or sexual assault of a student by a school employee, as described in Paragraph 2, above, and (2) provide immediate access to information and individuals relevant to the department’s investigation.  The confidential rapid response team shall consist of a teacher and the Superintendent, a local police officer and any other person the Board of Education, acting through its Superintendent, deems appropriate.

12.    Disciplinary Action for Failure to Follow Policy  

Except as provided in Section 14 below, any employee who fails to comply with the requirements of this policy shall be subject to discipline, up to and including termination of employment.

13.  The District shall not hire any person whose employment contract was previously terminated by a board of education or who resigned from such employment, if such person has been convicted of a violation of Section 17a-101a of the Connecticut General Statutes, as amended, relating to mandatory reporting, when an allegation of abuse or neglect or sexual
assault has been substantiated

14.    Non-Discrimination Policy/Prohibition Against Retaliation

The Board of Education expressly prohibits retaliation against individuals reporting child abuse or neglect or the sexual assault of a student by a school employee and shall not discharge or in any manner discriminate or retaliate against any employee who, in good faith, makes a report pursuant to this policy, or testifies or is about to testify in any proceeding involving abuse or neglect or sexual assault by a school employee. The Board of Education also prohibits any employee from hindering or preventing or attempting to hinder or prevent
any employee from making a report pursuant to this policy or state law concerning suspected child abuse or neglect or the sexual assault of a student by a school employee or testifying in any proceeding involving child abuse or neglect or the sexual assault of a student by a school employee.

15.    Distribution of Policy, Guidelines and Posting of Careline Information

This policy shall be annually distributed electronically to all school employees employed by the Board. The Board shall document that all such school employees have received this written policy and completed the training and refresher training programs required by in Section 16, below.  Guidelines regarding identifying and reporting child sexual abuse developed by the Governor’s task force on justice for abused children shall annually be distributed electronically to all school employees, Board members, and the parents or guardians of students enrolled in the schools under the jurisdiction of the Board. The Board shall post the Internet web site address and telephone number for the DCF Child Abuse and Neglect Careline in a conspicuous location frequented by students in each school under the jurisdiction of the Board. 

16.    Training

1. All new school employees, as defined above, shall be required to complete an educational training program for the accurate and prompt identification and reporting of child abuse and neglect.  Such training program shall be developed and approved by the Commissioner of DCF. 
2. All school employees, as defined above, shall take a refresher training course developed and approved by the Commissioner of DCF at least once every three years.
3. The principal for each school shall annually certify to the Superintendent that each school employee, as defined above, working at such school, is in compliance with the training provisions in this policy and as required by state law.  The Superintendent shall certify such compliance to the State Board of Education.

Beginning July 1, 2023, all school employees, as defined above, shall complete the (1) training regarding the prevention and identification of, and response to, child sexual abuse and assault; (2) bystander training program; and (3) appropriate interaction with children training program.  Each employee must repeat these trainings at least once every three years. Such trainings shall be identified or developed by DCF. 

17. Records

1. The Board shall maintain in a central location all records of allegations, investigations, and reports that a child has been abused or neglected by a school employee employed by the Board or that a student has been a victim of sexual assault by a school employee employed by the Board, as defined above, and conducted in accordance with this policy.  Such records shall include any reports made to DCF. The State Department of Education shall have access to such records upon request. 

2. Notwithstanding the provisions of Conn. Gen. Stat. §10-151c, the Board shall provide the Commissioner of DCF, upon request and for the purposes of an investigation by the Commissioner of DCF of suspected child abuse or neglect by a teacher employed by the Board, any records maintained or kept on file by the Board. Such records shall include, but not be limited to, supervisory records, reports of competence, personal character and efficiency maintained in such teacher's personnel file with reference to evaluation of performance as a professional employee of the Board, and records of the personal misconduct of such teacher. For purposes of this section, "teacher" includes each certified professional employee below the rank of superintendent employed by the Board in a position requiring a certificate issued by the State Board of Education. 

18.    Child Sexual Abuse and/or Sexual Assault Response Policy and Reporting Procedure

The Board has adopted a uniform child sexual abuse and/or sexual assault response policy and reporting procedure in connection with the implementation of the sexual assault and abuse prevention and awareness program identified or developed by DCF, as outlined in Board Policy #55120.4.2.5, Child Sexual Abuse and/or Sexual Assault Response Policy and Reporting Procedure.  Upon receipt of any report of child sexual abuse and/or sexual assault from any source, a school employee shall report such suspicion to the Safe School Climate Coordinator in addition to complying with the school employee’s obligations under this Policy and the law regarding mandatory reporting of abuse, neglect and sexual assault.

Legal References:

Connecticut General Statutes:

• Section 10-151 Employment of teachers. Definitions. Tenure. Notice and hearing on failure to renew or termination of contract. Appeal.
• Section 10-221s Posting of Careline telephone number in schools. Investigations of child abuse and neglect. Disciplinary action.
• Section 17a-101 et seq. Protection of children from abuse. Mandated reporters. Educational and training programs. Model mandated reporting policy.
• Section 17a-101q Statewide Sexual Abuse and Assault Awareness and Prevention Program.
• Section 17a-103 Reports by others. False reports. Notifications to law enforcement agency.
• Section 46b-120 Definitions.
• Section 53a-65 Definitions.
• Public Act No. 22-87, “An Act Concerning the Identification and Prevention of and Response to Adult Sexual Misconduct Against Children.” 

Date of Adoption:  April 6, 2021
Date of Revision: January 24, 2023
 

#4120 Reports of Suspected Abuse or Neglect of Adults with an Intellectual Disability or Autism Spectrum Disorder

Section 46a-11b of the Connecticut General Statutes requires that certain school personnel report any suspected abuse or neglect of persons between eighteen (18) and sixty (60) years of age who: 1) have an intellectual disability or 2) receive funding or services from the Department of Social Services’ (“DSS”) Division of Autism Spectrum Disorder Services.  In furtherance of this statute and its purpose, it is the policy of the Madison Board of Education (the “Board”) to require ALL EMPLOYEES of the Board to comply with the following procedures in the event that, in the ordinary course of their employment or profession, they have reasonable cause to suspect that a person with an intellectual disability or an individual receiving funding or services from DSS’ Division of Autism Spectrum Disorder Services between eighteen (18) and sixty (60) years of age has been abused or neglected.
 

1.    Scope of Policy

This policy applies not only to employees who are required by law to report suspected abuse and/or neglect of adults with intellectual disabilities, but also to ALL EMPLOYEES of the Board.

2.    Definitions

For the purposes of this policy:

"Abuse" means the willful infliction of physical pain or injury or the willful deprivation by a caretaker of services which are necessary to the person's health or safety.  

"Neglect" means a situation where a person with an intellectual disability either is living alone and is not able to provide for himself or herself the services which are necessary to maintain his or her physical and mental health, or is not receiving such necessary services from the caretaker.

"Statutorily Mandated Reporter" means an individual required by Conn. Gen. Stat. Section 46a-11b to report suspected abuse and/or neglect of adults with intellectual disabilities.  In the public school context, the term "statutorily mandated reporter" includes teachers, school administrators, school guidance counselors, paraprofessionals, licensed behavior analysts, registered or licensed practical nurses, psychologists, social workers, licensed or certified substance abuse counselors, mental health professionals, physical therapists, occupational therapists, dental hygienists, speech pathologists, and licensed professional counselors.  

3.    Reporting Procedures for Statutorily Mandated Reporters 

If a statutorily mandated reporter has reasonable cause to suspect or believe that any person with an intellectual disability, or any individual who receives funding or services from DSS’ Division of Autism Spectrum Disorder Services, between eighteen (18) and sixty (60) years of age has been abused or neglected, the mandated reporter shall, as soon as practicable, but not later than forty-eight (48) hours after having reasonable cause to suspect abuse or neglect, make an oral report to:

Abuse Investigation Division
Department of Developmental Services (“DDS”)
460 Capitol Avenue
Hartford, Connecticut 06106
Telephone: 1-844-878-8923

An unsuccessful attempt to make an initial report to DDS on the weekend, holiday, or after business hours shall not be construed as a violation of this policy or applicable law if the mandatory reporter makes reasonable attempts to make such report as soon as practicable after the initial attempt.  For purposes of this policy, “reasonable attempts” means documented efforts to contact DDS by phone, electronic mail or in person. 

The statutorily mandated reporter shall also immediately notify the Superintendent. Such initial oral report shall be followed by a written report to the Abuse Investigation Division of DDS not later than five calendar days after the initial oral report was made, and a copy of any written report shall be given to the Superintendent.

4.    Reporting Procedures for Non-Statutorily Mandated Reporters 

The following procedures apply only to employees who are not statutorily mandated reporters, as set forth above.  

1. a)If an employee who is not a statutorily mandated reporter has reasonable cause to suspect that any person with an intellectual disability, or any individual who receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services, between eighteen (18) and sixty (60) years of age has been abused or neglected, the following steps shall be taken.
1. The employee shall as soon as practicable, but not later than forty-eight (48) hours after having reasonable cause to suspect abuse or neglect, make an oral report by telephone or in person to the Superintendent of Schools or his/her designee, to be followed by an immediate written report to the Superintendent or his/her designee.
2. If the Superintendent or his/her designee determines that there is reasonable cause to suspect or believe that any person with an intellectual disability, or any individual who receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services, between eighteen (18) and sixty (60) years has been abused or neglected, the Superintendent or designee shall cause reports to be made in accordance with the procedures set forth for statutorily mandated reporters, set forth above.
2. Nothing in this policy shall be construed to preclude an employee from reporting suspected abuse and/or neglect of adults with intellectual disabilities, or any individual who receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services, directly to the Abuse Investigation Division of DDS.

5.    Contents of Report

Any oral or written report made pursuant to this policy shall contain the following information, if known:

1. the name and address of the allegedly abused or neglected person;
2. a statement from the reporter indicating a belief that the person is intellectually disabled or receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services, together with information indicating that the person is unable to protect himself or herself from abuse or neglect;
3. information concerning the nature and extent of the abuse or neglect; and
4. any additional information that the reporter believes would be helpful in investigating the report or in protecting the person with an intellectual disability or who receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services.

6. Investigation of the Report

If the suspected abuser is a school employee, the Superintendent shall thoroughly investigate the report, and shall, to the extent feasible, endeavor to coordinate any such investigation with the investigation conducted by the Abuse Investigation Division of DDS.

The Superintendent's investigation shall include an opportunity for the suspected abuser to be heard with respect to the allegations contained within the report. During the course of an investigation of suspected abuse by a school employee, the Superintendent may suspend the employee with pay or may place the employee on administrative leave with pay, pending the outcome of the investigation.

If the investigation by the Superintendent and/or the Abuse Investigation Division of DDS produces evidence that a person with an intellectual disability, or any individual who receives funding or services from the DSS’ Division of Autism Spectrum Disorder Services, has been abused by a school employee, the Superintendent and/or the Board, as appropriate, may take disciplinary action, up to and including termination of employment.

7.    Delegation of Authority by Superintendent  

The Superintendent may appoint a designee for the purposes of receiving and making reports, notifying and receiving notification, or investigating reports pursuant to this policy.

8.    Disciplinary Action for Failure to Follow Policy  

Any employee who fails to comply with the requirements of this policy shall be subject to discipline, up to and including termination of employment.

9.    Non-discrimination Policy

The Board shall not discharge or in any manner discriminate or retaliate against any employee who, in good faith, makes a report pursuant to this policy, or testifies or is about to testify in any proceeding involving abuse or neglect.

Legal References:     Connecticut General Statutes:
                Section 46a-11a
                Section 46a-11b et seq. 

Date of Adoption:    March 16, 2021

4141 Social Media

(Formerly Social Networking)

The Madison Board of Education (the “Board”) recognizes the importance and utility of social media and networks for its employees.  The laws regarding social media continue to evolve and change.  Nothing in this policy is intended to limit an employee’s right to use social media or personal online accounts under applicable law, as it may evolve.  The Board acknowledges, for example, that its employees have the right under the First Amendment, in certain circumstances, to speak out on matters of public concern.  The Board will resolve any conflict between this policy and applicable law in favor of the law.  

Ordinarily, the use of social media by employees, including employees’ use of personal online accounts, will not be a legal or policy issue. While a policy cannot address every instance of inappropriate social media use, employees must refrain from social media use that:

1. interferes, disrupts or undermines the effective operation of the school district; 
2. is used to engage in harassing, defamatory, obscene, abusive, discriminatory or threatening or similarly inappropriate communications; 
3. creates a hostile work environment; 
4. breaches confidentiality obligations of school district employees; or 
5. violates the law, board policies and/or other school rules and regulations.

The Board of Education, through its Superintendent, will adopt and maintain administrative regulations to implement this policy.

 

Legal References:

• Connecticut General Statutes
• U.S. Constitution, Amend. 1
• Conn. Constitution, Article I. Sections 3, 4, 14
• Electronic Communication Privacy Act, 28 U.S.C. §§ 2510 through 2520
• Conn. Gen. Stat. § 31-40x
• Conn. Gen. Stat. § 31-48d
• Conn. Gen. Stat. § 31-51q
• Conn. Gen. Stat. §§ 53a-182; 53a-183; 53a-250

Date of Adoption:    December 18, 2018
Date of Revision: June 20, 2023
 

Regulation 4150

4150 Employee Use of the District’s Computer Systems

(formerly Acceptable Use of Computer equipment and Related Systems, Software and Networks)

Computers, computer networks, electronic devices, Internet access, and electronic messaging systems are effective and important technological resources.  The Madison Board of Education (the “Board”) has installed computers and a computer network(s), including Internet access and electronic messaging systems, on Board premises and may provide other electronic devices that can access the network(s) and/or have the ability to send and receive messages with an operating system or network communication framework.  Devices include but are not limited to personal computing devices, cellular phones, copiers, Smartphones, work phones, network access devices, radios, tablets, walkie-talkies, personal gaming systems, Bluetooth speakers, personal data assistants, and other electronic signaling devices.  Electronic messaging systems include mobile, chat, and instant message; cloud collaboration platforms, including internal chat, peer-to-peer messaging systems, and draft email message transfer; and products that have the ability to create duration-based or subjective removal of content, such as Snapchat and security focused platforms, such as Signal.  The Board’s computers, computer networks, electronic devices, Internet access, and electronic messaging systems are referred to collectively as “the computer systems” and are provided in order to enhance both the educational opportunities for our students and the business operations of the district.  

These computer systems are business and educational tools.  As such, they are made available to employees of the district for district-related educational and business purposes.  The Administration shall develop regulations setting forth procedures to be used by the Administration in an effort to ensure that such computer systems are used for appropriate business and education-related purposes.  

In accordance with applicable laws and the Administrative Regulations associated with this Policy, the system administrator and others managing the computer systems may access electronic messaging systems (including email) or monitor activity on the computer system or electronic devices accessing the computer systems at any time and for any reason or no reason.  Typical examples include when there is reason to suspect inappropriate conduct or there is a problem with the computer systems needing correction.  Further, the system administrator and others managing the computer systems can access or monitor activity on the systems despite the use of passwords by individual users, and can bypass such passwords.  In addition, review of electronic messaging systems (including email), messages or information stored on the computer systems, which can be forensically retrieved, includes those messages and/or electronic data sent, posted and/or retrieved using social networking sites. 

Incidental personal use of the computer systems may be permitted solely for the purpose of email transmissions and access to the Internet on a limited, occasional basis.  Such incidental personal use of the computer systems, however, is subject to all rules, including Freedom of Information Act requests and monitoring of all such use, as the Superintendent may establish through regulation.  Moreover, any such incidental personal use shall not interfere in any manner with work responsibilities.  

Users should not have any expectation of personal privacy in the use of the computer system or other electronic devices that access the computer system.  Use of the computer system represents an employee’s acknowledgement that the employee has read and understands this policy and any applicable regulations in their entirety, including the provisions regarding monitoring and review of computer activity.
 

Legal Reference: Connecticut General Statutes

Conn. Gen. Stat. § 31-40x
Conn. Gen. Stat. § 31-48d
Conn. Gen. Stat. §§ 53a-182b; 53a-183; 53a-250

Electronic Communication Privacy Act, 18 U.S.C. §§ 2510 through 2520
The Freedom of Information Act
53A-182B Harassment in the first degree
31-48d Employers engaged in electronic monitoring required to give prior notice to employees.

Date of Adoption: November 4, 1999
Date of Revision: November 7, 2006
Date of Revision: June 5, 2012
Date of Revision: June 6, 2023

#4160 Student-Activity / Transportation Vehicles

Employees should use contracted transportation for all school sponsored events and activities to transport students. Thus, the use of privately owned vehicles for District business should be kept to a minimum, and such vehicles should only be used when absolutely necessary. In the event that contracted transportation is unavailable for transporting students to a school activity, an employee may use their privately owned vehicle if the following requirements are satisfied:

1. The employee applies in writing and receives in advance written permission from the Superintendent or Superintendent's designee;
2. The employee possesses a valid automobile insurance policy with active liability coverage meeting or exceeding the minimum coverage requirements under Connecticut law, which policy will be in effect at the time of the travel, provides a copy of such policy to the Superintendent or the Superintendent's designee at the time the employee applies in writing, and maintains the policy in effect through the permitted transport;
3. In accordance with Connecticut laws, the employee possesses a valid Connecticut driver’s license, commercial or class D, with the appropriate endorsements and provides a copy of such license to the Superintendent or the Superintendent's designee at the time the employee applies in writing;
4. The employee agrees to maintain their privately owned vehicle in a safe operating condition;
5. The employee agrees to follow all federal and state laws and regulations regarding the operation of motor vehicles, as well as all Board of Education policies;
6. The employee agrees to defend, indemnify, and hold harmless the Madison Board of Education and its agents, servants or employees from any and all claims, suits or demands by anyone arising from said employee’s use of their privately owned vehicle for district business.

Employees who do not satisfy the above requirements are prohibited from transporting students to and/or from school sponsored events and activities in privately owned vehicles.

Date of Adoption: April 1, 2008
Date of Revision: October 17, 2023

#4217 Evaluation, Termination and Non-Renewal of Athletic Coaches

(formerly Athletic Coaches)

It is the policy of the Madison Board of Education (the “Board”) that an athletic coach employed by the Board shall:

1. adhere to all Board policies, rules and regulations;
2. conduct himself or herself in a professional manner;
3. serve as a role model for students; and
4. demonstrate competence and proficiency in his or her role as an athletic coach of a particular sport. 

For purposes of this policy, the term “athletic coach” means any person holding (and required to hold) a coaching permit issued by the Connecticut State Board of Education who is hired by the Madison Board of Education to act as a coach for a sport season.  This term “athletic coach” under this policy shall include only coaches who have direct responsibility for one or more teams (including assistant coaches who serve as coach to a team (e.g., JV)), and the term shall not include other assistant coaches and volunteer coaches.

For purposes of this policy, the term “athletic director” means an individual responsible for administering the athletic program of a school or school district under the jurisdiction of the Board, and who is responsible for the supervision of athletic coaches.

I.  Evaluations

Pursuant to state law, the Board requires that an athletic coach employed by the Board be evaluated on an annual basis by the athletic director or the coach’s immediate supervisor.  An athletic coach shall be provided with a copy of any such evaluation.  Other assistant and volunteer coaches may be evaluated as directed by the Superintendent of Schools or his/her designee.

II.  Employment of an Athletic Coach

1. Athletic coaches serve at the discretion of the Superintendent, and their employment in their specific coaching positions (e.g., basketball, golf) may be non-renewed or terminated at any time, subject to the provisions set forth below which apply to athletic coaches who have served in the same coaching position for three or more consecutive school years.  
2. If the Superintendent non-renews or terminates the coaching contract of an athletic coach who has served in the same coaching position for three or more consecutive school years, the Superintendent shall inform such coach of the decision within ninety (90) calendar days of the end of the athletic season covered by the contract.  In such cases, the athletic coach will have an opportunity to appeal the decision of the Superintendent in accordance with the procedures set forth below in Section III.
3. Notwithstanding any rights an athletic coach may have to a hearing, nothing prohibits a Superintendent from terminating the employment contract of any athletic coach at any time, including an athletic coach who has served in the same coaching position for three or more consecutive school years:
   1. for reasons of moral misconduct, insubordination, failure to comply with     the Board’s policies, rules and regulations; or 
   2. because the sport has been canceled by the Board.  
4. If a decision to terminate a coach’s employment is made during the athletic season, the Superintendent shall remove the coach from duty during the pendency of any hearing conducted pursuant to this policy.

III. Hearing Procedures:

An athletic coach who has served in the same coaching position for three or more consecutive school years may appeal any such non-renewal or termination decision (except if such decision was due to cancellation of the sport) to the Board in accordance with the following procedures:

1. The athletic coach must file a written appeal with the Board within ten (10) calendar days of the Superintendent’s written notification of non-renewal or termination. Such appeal shall set forth the basis on which the athletic coach seeks review of that decision, and a copy of said appeal shall be sent to the Superintendent. Failure to submit a timely written appeal shall constitute a waiver of said appeal opportunity.
2. Within a reasonable period of time of its receipt of a written appeal of the Superintendent’s decision, the Board or a panel of the Board as designated by the Chairperson shall conduct a hearing to consider such appeal. Reasonable notice of the time and place for such hearing shall be issued to the athletic coach prior to the commencement of the hearing.
3. At the hearing, the athletic coach shall have an opportunity to present facts and evidence in support of renewal and/or reinstatement, and the Superintendent shall have the opportunity (but shall not be obligated) to present facts and evidence in support of the decision of non-renewal and/or termination. For good cause shown, the athletic coach may call a limited number of witnesses to testify if there is a clear need for witnesses to present factual information (rather than simply expressing an opinion on the skill or competence of the athletic coach). In any event, cumulative or redundant testimony shall not be allowed.
4. The decision of non-renewal or termination shall be affirmed unless the Board determines that the decision is arbitrary and capricious. The coach shall bear the burden of proof on this point.
5. Within a reasonable period of time following the hearing, the Board or designated panel thereof shall determine whether the Superintendent acted in an arbitrary and capricious manner in making his/her decision not to renew and/or to terminate, and shall provide a written decision to the coach. The decision of the Board shall be final.

Legal References:

• Conn. Gen. Stat. § 10-222e Policy on evaluation and termination of athletic coaches.
• Conn. Gen. Stat. § 10-149d Athletic directors. Definitions, Qualifications and hiring. Duties.

Date of Adoption: November 3, 2009
Date of Revision: June 21, 2022

#4218R Concussion Management & Training For Athletic Coaches

(formerly #5120.2.1. – Head Injuries)

For purposes of these administrative regulations concerning training regarding concussions and head injuries, the term “coach” means any person who holds or is issued a coaching permit by the Connecticut State Department of Education and who is hired by the Madison Board of Education (the “Board”) to coach intramural or interscholastic athletics.

Mandatory Training Concerning Concussions

1. Any coach of intramural or interscholastic athletics, who holds or is issued a coaching permit, must, before commencing his/her coaching assignment for the season, complete an initial training course concerning concussions, which are a type of brain injury.  This training course must be approved by the State Department of Education.
2. Coaches must provide proof of initial course completion to the Athletic Director or his/her designee prior to commencing their coaching assignments for the season in which they coach. 
3. One year after receiving an initial training, and every year thereafter, coaches must review current and relevant information regarding concussions prior to commencing their coaching assignments for the season.  This current and relevant information shall be that approved by the State Department of Education.  Coaches need not review this information in the year they are required to take a refresher course, as discussed below.  
4. Coaches must complete a refresher course concerning concussions and head injuries not later than five (5) years after receiving their initial training course, and once every five (5) years thereafter.  Coaches must provide proof of refresher course completion to the Athletic Director or his/her designee prior to commencing their coaching assignments for the season in which they coach.
5. The Board shall consider a coach as having successfully completed the initial training course regarding concussions and head injuries if such coach completes a course that is offered by the governing authority for intramural and interscholastic athletics and is substantially similar, as determined by the Department of Education, to the training course required by subsection 1 of these administrative regulations, provided such substantially similar course is completed on or after January 1, 2010, but prior to the date the State Board of Education approves the training course discussed in subsection 1 of these administrative regulations.

Concussion Management

1. Any coach of any intramural or interscholastic athletics shall immediately remove a student athlete from participating in any intramural or interscholastic athletic activity who:
1. is observed to exhibit signs, symptoms or behaviors consistent with a concussion following an observed or suspected blow to the head or body; or
2. is diagnosed with a concussion, regardless of when such concussion may have occurred.
2. Upon removal from participation, a school principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, or coach shall notify the student athlete’s parent or legal guardian that the student athlete has exhibited such signs, symptoms or behaviors consistent with a concussion or has been diagnosed with a concussion. Such principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, or coach shall provide such notification not later than twenty-four (24) hours after such removal and shall make a reasonable effort to provide such notification immediately after such removal.
3. The coach shall not permit such student athlete to participate in any supervised team activities involving physical exertion, including, but not limited to, practices, games or competitions, until such student athlete receives written clearance to participate in such supervised team activities involving physical exertion from a licensed health care professional trained in the evaluation and management of concussions.
4. Following receipt of clearance, the coach shall not permit such student athlete to participate in any full, unrestricted supervised team activities without limitations on contact or physical exertion, including, but not limited to, practices, games or competitions, until such student athlete:
1. no longer exhibits signs, symptoms or behaviors consistent with a concussion at rest or with exertion; and
2. receives written clearance to participate in such full, unrestricted supervised team activities from a licensed health care professional trained in the evaluation and management of concussions.
5. The Board shall prohibit a student athlete from participating in any intramural or interscholastic athletic activity unless the student athlete, and a parent or guardian of such athlete, receives training regarding the concussion education plan developed or approved by the State Board of Education by:
1. reading written materials;
2. viewing online training videos; or
3. attending in-person training regarding the concussion education plan developed or approved by the State Board of Education.
6. The Board shall annually provide each participating student athlete’s parent or legal guardian with a copy of an informed consent form approved by the State Board of Education and obtain the parent or guardian’s signature, attesting to the fact that such parent or guardian has received a copy of such form and authorizes the student athlete to participate in the athletic activity.

Reporting Requirements

1. The school principal, teacher, licensed athletic trainer, licensed physical or occupational therapist employed by a school district, or coach who informs a student athlete’s parent or guardian of the possible occurrence of a concussion shall also report such incident to the nurse supervisor or designee.
2. The nurse supervisor, or designee, shall follow-up on the incident with the student and/or the student’s parent or guardian and maintain a record of all incidents of diagnosed concussions. Such record shall include, if known:
1. The nature and extent of the concussion; and
2. The circumstances in which the student sustained the concussion.
3. The nurse supervisor, or designee, shall annually provide such record to the State Board of Education.

Miscellaneous

1. For purposes of these administrative regulations, “licensed health care professional” means a physician licensed pursuant to Chapter 370 of the Connecticut General Statutes, a physician assistant licensed pursuant to Chapter 370 of the Connecticut General Statutes, an advanced practice registered nurse licensed pursuant to Chapter 378 of the Connecticut General Statutes, or an athletic trainer licensed pursuant to Chapter 375a of the Connecticut General Statutes.
2. Should a coach fail to adhere to the requirements of these administrative regulations, the coach may be subject to discipline up to and including termination, as well as permit revocation by the State Board of Education.

Legal References

• Conn. Gen. Stat. § 10-149b. Concussions: Training courses for coaches. Education plan. Informed consent form.
• Conn. Gen. Stat. § 10-149c. Student athletes and concussions. Removal from athletic activities.
• Conn. Gen. Stat. § 10-149e. School districts to collect and report occurrences of concussions. Report by Commissioner of Public Health.

Download the
Student and Parent Concussion Informed Consent
Form

 

• View Regulation #4219R procedures for Concussion Management

The Madison Board of Education expects employees to be present and on time for the workday. The interaction between teachers and students is the most influential factor affecting student academic success. It is critical that teachers be available to provide continuous high-quality education. Excessive employee absenteeism results in a system that is ineffective, inefficient and not conducive to the teaching / learning process.

The purpose of this policy is to establish a uniform and consistent procedure for the review and control of excessive employee absenteeism. The intent of this policy is to promote good attendance and provide supervisors with guidelines defining acceptable and unacceptable attendance.

The Superintendent is charged with the management of all employees of the school district. In that regard, the Superintendent or designee shall review, on a regular basis, the pattern of staff absences. Absences that are considered excessive will be reported to the employee’s supervisor who will conference with the employee and develop a plan of improvement if warranted.

Date of Adoption:  June 4, 1973
Date of Revision: January 28, 2014
Date of Revision: April 25, 2023

It shall be the policy of the Board of Education to recognize the service of personnel in the Madison Public Schools and others contributing to a quality education for its students.  

The Board of Education shall annually make awards recognizing such efforts at a regularly scheduled Board Meeting, Convocation, or a special ceremonial event.

Recognition shall be for the following:

• Retiring Board Member; Last meeting of service on the board.
• Staff with Ten-Years and every Five years after of Service in Madison; at School Orientation Meeting following service achievement.
• Retiring Staff; at an appropriate ceremony of recognition.
• Student Board Representative; in June at the completion of tenure.
• Board Chair; last meeting of service in this position.

Date of Adoption: May 4, 1988
Date of Revision: April 25, 2023

#4400 Gifts to Employees

Employees of the Madison Board of Education (the “Board”) shall refrain from soliciting, accepting, or receiving, directly or indirectly, from any person, by rebate, gifts, or otherwise, any money, or anything of value whatsoever, or any promise, obligation, or contract for future reward or compensation in exchange for the performance of their duties as a Board employee.  

The Board recognizes that employees may receive gifts from students and their families. This policy is not intended to prevent employees from accepting reasonable and customary gifts typically associated with holidays, the end of the year or other special occasions. 

No student or family shall be compelled to contribute, financially or otherwise, to a collective gift to an employee of the Board.

Any gift thought to be inappropriate or monetarily exorbitant shall not be automatically accepted by the employee. The employee’s responsible administrator or administrator’s designee shall make the final determination on acceptance in such cases.  

Date of Adoption:  May 21, 2024