Section 4000 Personnel

4000 Concepts and Roles in Personnel

The personnel policies of a school system are an essential part of the program and philosophy of public education in a community. The Madison Board of Education has a responsibility to develop and maintain personnel policies that are consistent in nature and reflect the educational goals of the district.

Through its personnel policies, the Board of Education seeks to attract and hold the highest qualified personnel for all positions who will devote themselves to the education and welfare of the students. By effectively carrying out their duties, all staff significantly contribute to the over-riding goal of facilitating student learning.

Policy development related to personnel must be approached with an attitude of mutual faith and good will. Therefore, the Board of Education encourages the cooperation and participation of the employees’ organizations and administration in the formulation of personnel policies and procedures where appropriate.

Provisions for the implementation of adopted personnel policies should include channels of communication and procedures for the handling of professional and ethical problems, through which staff members or groups affected may voice their opinions.

The Superintendent shall establish the necessary procedures to maintain effective personnel policies and administrative regulations.

Date Adopted: October 15, 1991

4010 Prohibition on Recommendations for Psychotropic Drugs

The Board of Education prohibits school personnel from recommending the use of psychotropic drugs for any child. For the purposes of this policy, the term, “recommend” shall mean to directly or indirectly suggest that a child should use psychotropic drugs.

Psychotropic drugs are defined as prescription medications for behavioral or socialemotional concerns, such as attentional deficits, impulsivity, anxiety, depression and thought disorders, and includes, but is not limited to, stimulant medications and antidepressants.

However, school health or mental health personnel, including school nurses or nurse practitioners and the District’s medical advisor, school psychologists, school social workers, school counselors, and the Director of Special Education, may recommend that a student be evaluated by an appropriate medical practitioner. Further, upon the consent of the student’s parent(s) or guardian(s), school personnel may consult with the medical practitioner regarding such use.

Communications between and among school health, mental health personnel and other school personnel pertaining to a child in possible need of a recommendation for a medical evaluation shall be accomplished through the schools’ Student Study Teams (SST) and / or Planning and Placement Teams (PPT) and its procedures, in conformity with state and federal special education statutes.

The Board of Education directs personnel to recognize that according to state statutes, the refusal of a parent or other person having control of a child to administer or consent to the administration of any psychotropic drug to the child shall not, in and of itself, constitute grounds for the Department of Children and Families (DCF) to take such child into custody or for any court of competent jurisdiction to order that such child be taken into custody by the Department, unless such refusal causes such child to be neglected or abused, as defined in C.G.S. 46h.

Nothing in this policy shall be construed to prohibit a Planning and Placement Team (PPT) from discussing with parent(s) and / or guardian(s) of a child the appropriateness of consultation with, or evaluation by, medical practitioners; or to prohibit school personnel from consulting with appropriate medical practitioners with the consent of the parent(s) and / or guardian(s) of a child.

The Superintendent of Schools or his / her designee shall promulgate this policy to district staff and parents / guardians of students annually and upon the registration of new students.

(cf. 5120.4.2.5 Child Abuse)

Legal Reference:

Connecticut General Statutes

10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel (as amended by PA 03-211)

P.A. 01-124: An Act Concerning Recommendations For and Refusals of the Use of Psychotropic Drugs by Children and Utilization Review Determinations related to Mental and Nervous Conditions

46b-120 Definitions

Date of Adoption: December 18, 2001

Date of Revision: February 8, 2006

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 problems 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 summer school programs. Additionally, the Superintendent shall establish guidelines for recommending and communicating information about tutoring services to a student’s parent or guardian.

Legal Reference: Connecticut General Statutes

53-392a-53-392e All related to academic crimes

53-392b Preparation of assignments for students attending educational institutionsprohibited.

Date of Adoption: June 2, 1998

4030 Employee’s Leave of Absence

The Board of Education recognizes that there are justifiable situations that require an employee to be absent from his or her job with the Madison Public Schools. Contracts between the Board of Education and employees’ recognized bargaining units address employees’ absences for the following specific categories, as applicable to the individual contracts: personal days, funeral days, vacation days, holidays, religious days, professional days, association days, sick days, pregnancy leave / childrearing leave, jury duty, and sabbatical leave.

For the aforementioned categories of employees’ absences, contract language provides conditions of approval for processing an employee’s absence. However, for general or special leaves of absence, conditions for approval need to be comprehensively delineated to provide employees an understanding of the conditions under which a request for a leave of absence will be approved by the administration, the Superintendent, and / or the Board of Education.

Therefore, this policy shall serve two purposes: (1) to communicate such understanding to employees and (2) to provide guidelines for administrators, the Superintendent and / or the Board of Education, as appropriate, in the decision making / approval process, which requires them to make a determination as to whether or not to approve a request for a general or special leave of absence.

Guidelines for Approval of Leave of Absence:

For an employee to receive approval for a request for a leave of absence (paid or unpaid), the following process shall be followed:

  1. The employee shall submit a written request (approved district form) for a leave of absence to his / her administrator at least 30 days in advance of the scheduled leave, except in cases of emergency or personal crisis.
  2. The employee’s written request shall clearly and completely meet the following conditions of approval, as determined through the approval process:
    • The leave is necessary because the activity cannot be scheduled on a nonschool or non-work day.
    • The leave is necessary because the residual impact on the employee or his / herfamily, if participation is denied, could contribute to personal hardship.
    • The leave is necessary because the employee will be “at-risk” or incur potential personal liability if denied approval to participate.
  3. The employee’s administrator shall review the written request for leave of absence and determine that the following assurances will be met if the leave of absence is granted the employee:
    • The employee’s attendance record / history, excluding absences for medical reasons, is acceptable and does not indicate a pattern of abuse.
    • Consistent adeuate coverage of the employee's classroom or workstation can be guaranteed during the employee's absence.
    • The degree of disruption to the education of the students, services to the students and staff, and/or the operation of the school/district is minimal and manageable during the leave of absence.

These guidelines for approval of an employee’s request for a leave of absence shall apply in all cases, excepting requests for medical leaves and requests for professional development days, which shall align with existing Board policy and current contract language. An employee requesting an exception to the guidelines in this policy must submit a letter to the Superintendent requesting a special exception to the guidelines, along with his or her rationale for the exception. A copy of the letter must be forwarded concurrently to the employee’s administrator. The Superintendent will refer requests requiring special exceptions to the Board of Education for review and action. The Superintendent shall develop specific regulations, as necessary, to implement this policy.

Date of Adoption: February 24, 1998

4030.5 Family and Medical Leave

The Board will provide leave to eligible employees consistent with the Family and Medical Leave Act of 1993 (FMLA) as amended and the Family Medical Leave Act as part of the National Defense Authorization Acts of 2008 and for Fiscal Year 2010 (which expanded certain leave to military families and veterans for specific circumstances) and 2013 Final Rules. The Superintendent shall develop appropriate procedures to implement the Act.

(cf. 4118.14 - Disabilities)

Legal Reference:

P.L. 103-3 and 29 CFR Part 825 - The Family and Medical Leave Act of 1993, as amended by H.R. 4986, the

National Defense Authorization Act for Fiscal Year 2008, Section 585. 29 U.S.C. §2601 et seq. and the

National Defense Authorization act for Fiscal Year 2010, Public Law 111-84, section 565, Title V

Final Rule - published in Federal Register, Vol. 60, Nov. 4, Friday, January 6, 1995, as amended on February

3, 1995, March 30, 1995, and on November 17, 2008. Rules and Regulations (29 CFR Part 825).

Final Rule - published in Federal Register, Vol. 78, Wed. February 6, 2013

Final Rule - published in Federal Register, Vol. 80, No. 37 Wednesday, February 25, 2015

Connecticut General Statutes:

46b-38oo Applicability of statutes to civil unions and parties to a civil union.

PA 07-245 An Act Concerning Family and Medical Leave for Municipal Employees.

PA 07-245 An Act Concerning Family and Medical Leave for Municipal Employees

PA 12-43 An Act Concerning Family and Medical Leave Benefits for Certain Municipal Employees

United States v. Windsor, U.S. 133 S. Ct. 2675 (2013)

Obergefell v. Hodges, No. 14-556, 135 S. Ct. 2584 (2015)

Date of Adoption: Septernber 5, 1995

Date of Revision: October 3, 2006

Date of Revision: October 3, 2017

4031 Professional Development Days: Teacher Requested

The Board recognizes the value of professional growth of the individual teacher and its effect on the delivery of services to the students and the school organization. Professional development days are seen as an opportunity for a teacher to pursue continuing educational opportunities not only for personal benefit but to enhance the Madison Public Schools’ growth and development. Conversely, a teacher’s continuous presence in the classroom or workplace promotes excellence in performance by ensuring the uninterrupted continuity of programs, greater teacher-student contact time, appropriate role model emulation, consistent classroom discipline, and reduced cost to the district.

Regular Professional Development Days Request

In addition to the professional development days provided for in the annual school calendar, a teacher may request up to three (3) additional professional development days in any given school year. A completed Professional Development Activity Proposal Form, describing the activity and detailing the relevance and benefit of said activity to the teacher’s work assignment, including information as to how the activity may be of benefit to the organization as a whole, must be approved by the school principal.

Special Professional Development Days Request

The Board of Education recognizes that there are unique professional development activities available which can benefit students, the district, and teachers that require more than three (3) days absence from the instructional setting. Therefore, once every five (5) years, a teacher may request additional professional development days in order to take advantage of such unique professional opportunities. Any such request must be approved by the Board of Education after recommendation by the Superintendent.

Per district approved procedures / regulations, the following conditions for approval will be considered by the supervisor, school principal, and Superintendent prior to the Superintendent’s forwarding a recommendation to the Board of Education:

Conditions for Approval of Special Requests

  1. the teacher’s attendance history and frequency of absences from the classroom or the work station, except for medical reasons
  2. the employee must establish that the benefit to his / her professional development clearly outweighs the disruption to the education of the students or the workplace
  3. the teacher’s ability to schedule the professional development activity for a time period when school or work is not in session
  4. the extent of the benefit to the teacher’s professional development as well as the benefit to the school district as a whole
  5. the overall cost to the school district
  6. the feasibility and appropriateness of the pre-determined method for sharing the new learning(s) from the professional development experience with students, with other staff and colleagues.

When reviewing the Superintendent’s recommendation for special requests for professional development days, the Board of Education will affirm that the aforementioned conditions for approval have been met prior to voting on the request. The Board reserves the right to limit the number of requests approved annually.

For purposes of this policy, the term “teacher” shall mean each certified professional assigned to classroom teaching as his / her primary assignment. Teachers assigned to supervisory / program specialist positions may be required by school / district administration and / or job description to participate in additional professional development activities.

The Superintendent shall develop regulations for implementing this policy, including guidelines for what constitutes professional development activities for staff.

Date of Adoption: March 10, 1998

4031.1 Professional Development

“Staff development” is viewed by the Board of Education as a continuous systematic effort to improve educational programs in this school district through (1) staff involvement in organized program planning, implementation and evaluation efforts, and (2) activities to upgrade the skills, knowledge and ability of educators to improve student learning.

Staff development experiences, for which CEUs are awarded, should be designed to address:

  • expectations for student performance as reflected in Connecticut’s Common Core of Learning and the Connecticut Framework: Curriculum Goals and Standards;
  • school or district goals;
  • actual student performance, as evidenced by the Connecticut Mastery Test (CMT) and the Connecticut Academic Performance Test (CAPT) in addition to other indices; and what teachers need to know and be able to do to improve instruction that advances student learning.

Professional development activities may include curriculum development, learning new methodologies, gaining experience in using new instructional materials, and learning other types of new knowledge applicable to the education process. The Board of Education recognizes that it shares with its certified staff the responsibility for providing professional development opportunities on an annual basis. The Board of Education supports the principle of continuing training of teachers to achieve improvement of instruction.

All employees shall be provided opportunities for the development of increased competence beyond that which they may attain through the performance of their assigned duties.

Professional development activities should respond directly to the educational needs of the student body, including, (a) content areas such as language arts, including reading, writing, speaking, listening, viewing and enacting; math, social studies and science; (b) methodological areas such as motivation, teaching techniques, including the use of computers in the classroom and classroom management; and second language acquisition and (c) affective areas of interpersonal relations of students and faculty, student growth and development and staff communication, problem solving, and decision making.

The Superintendent shall report annually to the Board of Education on the professional development program and shall make recommendations for improvements as needed.

(cf. 4031 – Professional Development Days: Teacher Requested)

(cf. 4115.1 - Evaluation)

Legal Reference: Connecticut General Statutes

10-27 Exchange of professional personnel and students.

10-220a In-Service training. (amended by PA 04-227)

10-226f Coordinator of intergroup relations.

10-226g Intergroup relations training for teachers.

10-145b Teaching certificates (as amended by PA 01-173)

PA 95-58 An Act Concerning Teacher Evaluations, Tenure and Dismissal.

Date of Adoption: October 3, 2006

4040 Minority Recruitment Plan

The Madison Board of Education recognizes that the increasing diversity of individuals and cultures is a growing characteristic of our state and nation which should have a significant bearing on the activities of the school district. Further, the State of Connecticut has determined that the educational interests of the state require efforts by each school district to provide educational opportunities for its students to interact with teachers from other racial, ethnic and economic backgrounds in order to reduce racial, ethnic and economic isolation.

To this end, the Board of Education believes that the importance of diversity of individuals and cultures should be recognized in the recruitment and assignment of personnel in order to help promote an intellectually and culturally dynamic environment that enables all students to gain an increased awareness and appreciation of the diverse world in which all are connected.

Accordingly, the Superintendent shall develop and maintain a written plan for minority staff recruitment as approved by the Board and shall report to the Board annually on implementation of the plan. Consistent with the Board’s policies on Affirmative Action and Nondiscrimination, said plan for minority staff recruitment shall provide for an energetic effort to attract talented minority educators and other minority personnel to serve in available positions with the Madison Public Schools with the long range goal of achieving staffing of the school district and of each school which is broadly representative of the populations of the regional and state communities of which Madison is a part.

(cf. 4211.1 – Affirmative Action)

(cf. 4118.1 – Nondiscrimination)

Legal Reference: Connecticut General Statutes

10-151 Employment of teachers. Notice and hearing on termination of contract.

10-153 ination Diascccroimuonnt of marital status.

10-220 Duties of Boards of Education. (as amended by PA 98-252)

46a-60 Discriminatory employment practices prohibited.

Date of Adoption: June 15, 1999

Technical Revision: April 4, 2006

4050 Nepotism: Employment of Relatives

The Board of Education shall not appoint any person to a position that is in a line relationship or involves direct supervision over or by that person’s relative by blood, marriage, or civil union.

Members of the same family, not in the same line of supervision, may be employed at the same department or work location when approved in writing by the Superintendent or Superintendent’s designee.

It is the intent of this policy to avoid any situation in which a conflict of interest may arise on the part of an employee and / or a member of the administrative staff.

(cf 4118.13 Conflict of Interest)

Legal Reference: Connecticut General Statutes

7-479 Conflicts of Interest

P.A. 05-10 An Act Concerning Civil Unions

Date of Adoption: June 15, 1999

Date of Revision: May 2, 2006

4060 Evaluation / Supervision

The Board of Education endorses a continuous process of evaluation of all employees of the school district.

The Superintendent is directed to establish those procedures which will ensure that the quality of programs and services in the school system be improved and maintained.

It also is the intention of the Board of Education that all employees receive such supervision that all aspects of their job assignments are properly and competently performed in accordance with the performance objectives of the respective position.

Date of Adoption: May 7, 1973 as #4217

Date of Revision: May 4, 1988 as #4115/4215

Date of Revision: October 19, 1999

4111 Recruitment / Selection

The Board of Education recognizes that the Madison Public School System, as an institution of learning and preparation for productive, successful citizenry, has a responsibility to employ teaching and administrative professionals who represent the heterogeneity of our society. In addition, the Board shall seek employees who are capable of meeting the level of educational standards it has established through district policy, goals and objectives.

The Superintendent, or his/her designee, shall be responsible for determining the personnel needs of the school district. It is expected that the Superintendent shall seek the best qualified candidates for employment.

To this end, the Superintendent shall establish recruitment and selection procedures. Such procedures shall include the following requirements:

  • Evidence of certification as required by the State of Connecticut and appropriate for the position to be filled
  • Official college transcripts
  • A record of teaching and other work experience
  • Personal references
  • A personal interview

No advertisement of employment opportunities may, by intent or design, restrict employment based upon discrimination as defined by State and Federal laws. School employees cannot be required to reside in Madison.

(cf. 2131 Superintendent of Schools)

(cf. 4112 Hiring of Personnel)

Date of Adoption: June 5, 1972

Date of Revision: October 1, 1991

Date of Technical Revision: September 17, 2013

Legal References: Connecticut General Statutes

10-151; 10-155 (f); 46a-60

4111.1 Security Check / Fingerprinting

In order to create a safe and orderly environment for students, all offers of employment will be conditional upon the successful outcome of a criminal record check. In addition, any person applying for employment with the Board shall submit to a record check of the Department of Children and Families Child Abuse and Neglect Registry before the person may be hired.

Note: Applicants for all positions, certified or non-certified must submit to a check of Department of Children and Families Child Abuse and Neglect Registry.

Applicants, as required, shall make disclosures containing (1) current and past employers' contact information; (2) authorization allowing contact with such employers; and (3) statements about any past misconduct, discipline, or licensure penalties as a result of sexual misconduct or abuse allegations.

The District, prior to hiring such applicants, applicants, will (1) ensure that they complete the above stated three requirements; (2) review applicants' employment history after making a documented, good faith effort to contact previous employers for information; and (3) request any available information about applicants from SDE.

All District employees shall, within 30 days after they are hired, submit to state and national criminal checks. District students employed by the school system are exempt from this requirement.

School nurses and nurse practitioners appointed by the Board or under a contract with the Board shall also submit to a criminal history check pursuant to C.G.S. 29-17a.

Student teachers placed in District schools as part of completing preparation requirements for the issuance of an educator certificate, effective July 1, 2010, shall also be required to undergo the same criminal background checks already required for school employees.

Legal References: Connecticut General Statutes

10-221d Criminal history records checks of school personnel. Fingerprinting.

Termination or dismissed. (as amended by PA 01-173, PA 04-181, June 19 Special

Session, Public Act No. 09-1 and PA 11-93 and PA 16-67)

29-17a Criminal history checks. Procedures. Fees

PA 16-67 An Act Concerning the Disclosure of Certain Education Personnel Records

Date of Adoption: September 20, 2001

Date of Revision: May 2, 2006

Date of Revision: June 1, 2010

Date of Revision: November 15, 2011

Date of Revision: March 7, 2017

4112 Hiring of Personnel

The Madison Board of Education shall seek to employ the most highly qualified individuals available for certified staff positions. The Board recognizes its obligation to offer competitive salaries in order to attract and retain competent personnel.

The Superintendent of Schools is authorized to hire all teaching personnel and classified staff with the exception of administrative personnel. The Board shall appoint, upon the recommendation of the Superintendent of Schools, the necessary administrative personnel to meet the educational and operational needs of the district. The Superintendent shall ensure that all certified personnel employed meet state certification requirements for the position including required fingerprinting, DCF and other criminal record checks.

In cases in which a search committee is not used for employing administrators, or for filling any supervisory position, the Board may request the Superintendent to submit multiple nominations of qualified candidates, if more than one candidate is available for nomination. If so requested, the Superintendent shall submit such a list to the Board, in which the candidates may be placed in the order in which they are recommended.

If the Superintendent's nominations are rejected by the Board, he / she shall submit other nominations which the Board shall accept or reject within one month from their submission.

The Superintendent shall notify the prospective employee of the Board's actions, and see that the necessary personnel documents are completed. All contracts of employment for certified staff shall be in writing.

The Superintendent shall provide regular reports of all teaching vacancies, leaves of absence, transfers, and new hires to the Board of Education.

(cf. 2131 - Superintendent of Schools)

(cf. 4111 – Recruitment / Selection)

Legal Reference: Connecticut General Statutes

10-151 Employment of teachers. Definitions. Notice and hearing on failure to renew or termination of contract. Appeal.

10-153 Discrimination on account of marital status.

10-155f Residency requirement prohibited.

46a-60 Discriminatory employment practices prohibited.

Title VII, Civil Rights Act as amended by Title IX, Equal Employment Opportunity

Date of Adoption: October 2, 1972

First Revision: November 19, 1991

Second Revision: May 3, 2005

Technical Revision: April 4, 2006

Date of Revision: November 15, 2011

Technical Revision: September 17, 2013

4112.1 Certification

All certified employees of the Madison Board of Education shall possess an appropriate teaching or administrative certificate from the State of Connecticut. It is the responsibility of the employee to submit his/her credentials of certification to the office of the Superintendent of Schools, where the credentials will be recorded as required by law. No member of the certified staff will be entitled to any salary unless he/she can produce evidence of such certificate dated prior to or on the first day of employment. Furthermore, it is the responsibility of the employee to complete all credentials required for the continuation or renewal of his/her level of certification in accordance with State Statutes, prior to the date of expiration.

The Madison Board of Education reserves the right to prescribe qualifications for certified positions additional to those prescribed by the State Board of Education.

Legal Reference: Connecticut General Statutes

10-145b Teaching certificate (as amended by P.A. 12-116 An Act Concerning

Educational Reform and P.A. 15-108 an Act Concerning Teacher Certification

Requirements for Shortage Areas, Interstate Agreements for Teacher

Certification Reciprocity, Minority Teacher Recruitment and Retention and

Cultural Competency Instruction.)

10-146c Interstate agreements to facilitate educator certification (as amended by

P.A. 15-108)

10-145d State board regulations for teacher certificates et. al. (as amended by

P.A. 12-116, An Act Concerning Educational Reform and P.A. 15-108)

10-145o Teacher education and mentoring program (as amended by P.A. 12-116,

An Act Concerning Educational Reform and P.A. 15-108)

20 U.S.C. 1119 – No Child Left Behind Act of 2001

34 C.F.R. 200.55 – Federal Regulations Regarding Highly Qualified Teachers

Date of Adoption: June 5, 1972 as Policy # 4113

Date Revised: November 7, 1991

Date Revised: January 24, 2017

4112.2 Health Examinations

In an effort to protect the health of its students and employees, the Madison Board of Education shall require a medical examination by a licensed physician of all individuals who have been offered employment with the Madison Public Schools, prior to the commencement of work. This shall not apply to applicants for temporary substitute positions. Such examination shall include a Tuberculin test (intradermal PPD or chest Xray). The examining physician shall indicate if the individual is:

  1. free from readily communicable diseases, and,
  2. restricted in any way in performing the tasks and other requirements of the position which was offered; and if so, how.

In addition, the Superintendent may require a medical examination by a licensed physician of any current employee when it is job related and consistent with business necessity.

A summary of the results and recommendations of all health examinations shall be maintained in a confidential file for the candidate or employee, and may be reviewed by the School Medical Advisor at the request of the Superintendent.

The Board of Education reserves the right to require individuals who have been offered employment and current employees to obtain any immunizations or medical tests necessary to the safe and efficient performance of their duties.

Legal Reference: Connecticut General Statutes

Section 10-207

Section 10-209

Section 46a-60

Section 504 of the Federal Vocational Rehabilitation Act of 1973,

20 U.S.C. 706 (7) (b)

American Disability Act of 1989

Date of Adoption: April 17, 1972

Date of Revision: April 21, 1992

4112.4 Orientation

The Madison Board of Education recognizes the value of an orientation program for all employees new to the school district. The Board encourages the Superintendent to develop and provide such an orientation program, in conjunction with appropriate administrative personnel.

Date Adopted: May 1, 1972

Date Revised: November 7, 1991

4112.5 Drug-Free Schools

I. All Personnel

The following Employee Standard of Conduct shall apply to all employees of the Madison Public Schools. Employees shall not use, distribute, or possess controlled substances or alcoholic beverages in the building, on the grounds, on transportation provided by the Board, or at any event, trip or activity sponsored by the school or under supervision of the Board, other than as medically prescribed, and as set forth in the regulation of 5141.4, Administration of Medication. The Superintendent shall develop sanctions for employees violating the Standard of Conduct.

II. Federal Grant Related Personnel:Drug-Free Workplace Act

No employee engaged in work related to a federal grant shall unlawfully manufacture, distribute, dispense, possess or use at the workplace any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance, as defined in Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 CRF 1300.11 through 1300.15.

The "workplace" is defined to mean the site for the performance of work done in connection with a federal grant. That includes any school building or any school premises; any school-owned vehicle or any other school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district where work on a federal grant is performed.

The Board of Education will establish a drug-free awareness program to inform employees about the danger of drug abuse in the workplace and provide information regarding available drug counseling.

As a condition of employment in any federal grant, each employee who is engaged in performance of a federal grant, shall notify his or her supervisor of his or her conviction for a drug related offense occurring in the workplace as defined above, no later than 5 days after such conviction.

As a condition of employment in any federal grant, each employee who is engaged in performance of a federal grant, shall abide by the terms of the school district policy respecting a drug-free workplace.

An employee who violates the terms of this policy may be nonrenewed or his or her employment may be suspended or terminated, at the discretion of the Board.

Procedural due process shall be provided in all disciplinary actions.

Legal Reference: Connecticut General Statutes

1-21b Smoking prohibited in certain places.

21a-240 Definrit idoenpse ndency pfrooducing drugs

Drug-Free Workplace Act. 102 Stat. 4305-4308.

Drug-Free Schools and Community Act, P.L. 99-570, as amended by P.L. 101-226 (199)

21 U.S.C. 812, Controlled Substances Act, I through V, 202.

21 C.F.R. 1300.11 through 1300.15 regulation.

54 Fed. Reg. 4946 (1989) Notice regarding government-wide implementation of the Drug-Free Workplace Act of 1988.

Date of Adoption: May 7, 1991

Date of Revision: January 5, 2006

4112.6 Personnel Records

The Madison Public Schools shall maintain personnel records on all employees for a period of 55 years beyond termination, as prescribed by State law. Such records shall include information necessary for effective personnel administration. Access to such records shall be limited, as prescribed by law and under the direct supervision of the Superintendent. Confidential documents shall not be released without the written consent of the employee.

The Superintendent, on behalf of the Madison Board of Education, shall notify the employee and a collective bargaining representative, if any, by certified mail when a request is made for disclosure of the employee's personnel, medical or similar files, (1) in the case of confidential records protected by law, or (2) if the Superintendent reasonably believes disclosure would invade the employee's privacy.

Any records not of a confidential nature will be disclosed unless written objection is received from the employee or his/her collective bargaining representative, within seven (7) business days of receipt of said individual's receipt of notification from the Superintendent.

Records of a teacher's performance and evaluation shall not be released without the written consent of the teacher.

Records maintained or kept on file by the Board, which are records of a teacher’s personal misconduct shall be deemed to be public records, and subject to disclosure under the Freedom of Information Act. Disclosure of such records of a teacher’s personal misconduct shall not require the consent of the teacher.

All materials within personnel records shall be made available for inspection by the employee and a collective bargaining representative, if any, at a mutually agreeable offduty time, in the presence of an appropriate administrator or his/her designee. Upon request, an employee will be provided a copy of supervisory records and reports maintained in said employee's personnel records, as a guide to evaluation of his/her performance.

In accordance with federal law, the District shall release information regarding the professional qualifications and degrees of teachers and the qualifications of paraprofessionals to parents / guardians upon request for any teacher or paraprofessional who is employed by a school receiving Title I funds and who provides instruction to their child at that school.

Files containing medical information regarding an employee will be kept separate from other personnel files.

The Board of Education directs the Superintendent or his/her designee to take the necessary steps to ensure compliance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Compliance activities shall include conducting an audit to determine applicability of HIPAA to District operations, recommending policies to the Board, implementation of administrative regulations, including record keeping procedures, preparation of necessary documents, employee training and all other activities necessary to ensure compliance.

Legal Reference: 42 U.S.C. 1320d-1320d-8, P.L. 104-191, Health Insurance Portability and Accountability Act of 1996 (HIPAA)

65 Fed. Reg. 50312-50372

65 Fed. Reg. 92462-82829

63 Fed. Reg. 43242-43280

67 Fed. Reg. 53182-53273

Connecticut General Statutes:

1-206 Denial of access to public records or meetings.

1-213 Agency administration. Disclosure of personnel, birth and tax records.

1-214 Objection to disclosure of personnel or medical files

1-215 Record of arrest as public record

10-151a Access of teacher to supervisory records and reports in personnel file.

10-151c Records of teacher performance and evaluation not public records. (as amended by PA 02-138)

PL 107-110, No Child Left Behind Act, Sec. 1119.

The Americans with Disabilities Act

Date of Adoption: May 1, 1972

Date of Revision: April 7, 1992

Date of Revision: May 2, 2006


4112.8 / 4212.8 Nepotism: Employment of Relatives

The Board of Education shall not appoint any person to any full-time, part-time, or temporary position that is in a line relationship or involves direct supervision over or by that person’s relative by blood, marriage, civil union, or law. The term “marriage” includes a same-sex marriage that is legally recognized in Connecticut.

The degrees of relationship included in the above restrictions are as follows:

By Blood: parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousin.

By Marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, half-sister, half-brother, uncle, aunt, nephew, niece.

By Law: Guardianship relationships, adoptive parent/child relationships, partner in a civil union, same-sex marriage.

Members of the same family, not in the same line of supervision, may be employed at the same department or work location when approved in writing by the Superintendent or Superintendent’s designee.

It is the intent of this policy to avoid any situation in which a conflict of interest may arise on the part of an employee and / or a member of the administrative staff.

(cf 4118.13 Conflict of Interest)

Legal Reference: Connecticut General Statutes

7-479 Conflicts of Interest

P.A. 05-10 An Act Concerning Civil Unions

46b-38nn Equality of benefits, protections and responsibilities (civil unions)

46b-38oo Applicability of statutes to civil unions and parties to a civil union

United States vs. Windsor, U.S. 133 S.Ct. 2675 (2013)

Date of Adoption: June 15, 1999

Date of Revision: May 2, 2006

Date of Revision: May 3, 2016

4114 Transfer / Reassignment

All transfers and reassignments of staff shall be the responsibility of the Superintendent and will be made in a fair manner, preserving the best interests of the school system. These actions are subject to the provisions of the current contract agreements and policies of the Madison Board of Education.

Date Adopted: April 17, 1972 as Policy #4215

Date Revised: November 7, 1991

4115.1 Evaluation Of Certified Staff

The Board of Education affirms that monitoring and developing the educational techniques and effectiveness of classroom teachers is essential for successful learning by students. Therefore, principals will consider instructional supervision of teachers as the highest priority of their responsibility. At a minimum, elements of effective supervision consist of the following:

  • formal and informal classroom visitations by principals and other supervisory staff;
  • monitoring of teaching to ensure that the core elements and proficiencies ofinstruction are a part of the teaching process;
  • setting reasonable instructional objectives;
  • ensuring that a variety of instructional materials are used in assisting students toreach expected academic standards;
  • providing staff development opportunities for all staff;
  • reviewing the job description critically with each teacher; and writing, implementing and monitoring action plans for the improvement of instruction by each teacher.

Although the supervision of teaching effectiveness is a continuous process, an official attestation as required by policy will occur at least once each year per the guidelines set forth in the district-approved performance evaluation plan.

Legal Reference: Connecticut General Statutes

10-145b Teaching certificates

10-151a Access of teacher to supervisory records and reports in personnel file

10-151b Evaluation by superintendent of certain educational personnel.

(amended by PA 04-137, An Act Concerning Teachers’ Evaluations)

10-151c Records of teacher performance and evaluation not public records

10-220a(b) In-service training. Professional development. Institutes for educators. Cooperative and beginning teacher programs, regulations.

20 U.S.C. Section 1119 No Child Left Behind Act

34 C.F.R. 200.55 Federal Regulations

Circular Letter C-6, Series 2004-2005, Determining “Highly Qualified” Teachers

Circular Letter C-9, Series 2004-2005, “No Child Left Behind” and Districts’

High Objective Uniform State Standard of Evaluation (HOUSSE) Plans.

Date of Adoption: June 23, 1998

Technical Revision: April 4, 2006

4116 Alcohol, Drugs, and Tobacco

The Madison Board of Education is committed to maintaining a safe and healthy working and learning environment for all staff and students. Employees shall abide by the terms of school district policies respecting a drug-free, alcohol-free and tobacco-free workplace and are entrusted with the responsibility of imparting knowledge and serving as role models to students.

Definitions:

The “workplace” is defined to mean the site for the performance of work. That includes any school building or any school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; off school property during any school-sponsored or school-approved activity, event or function, such as a field trip or athletic event, where students are under the jurisdiction of the school district.

Tobacco and tobacco products include, but are not limited to cigarettes, cigars, snuff, bidis, smoking tobacco, smokeless tobacco, nicotine delivering devices, chemicals, or devices that produce the same flavor or physical effect of nicotine substances; and any other tobacco or nicotine innovations.

Alcohol and Drugs

In compliance with federal and state requirements, employees are prohibited from the unlawful manufacture, distribution, dispensing, possession or use on or in the workplace or during any school activity of any alcohol, narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or any other controlled substance. Controlled drugs are further defined in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15.

An employee who violates the terms of this policy may be required to successfully complete an appropriate rehabilitation program, may not be renewed, or his / her employment may be suspended or terminated, at the discretion of the Board.

Tobacco

There shall be no smoking or other use of tobacco products on or in the workplace.

In support of this policy the Superintendent shall:

  • Develop administrative procedures which ensure the implementation and address violations of this policy;
  • Provide a copy of this policy to all Madison Board of Education employees;
  • Ensure appropriate public posting of tobacco use restrictions at all Board of Education buildings and grounds; and
  • Continue to use resources to educate employees of the recognized health hazards of smoking and other tobacco use.

Failure to comply with this policy may result in disciplinary action.

(cf. 1316: Conduct on School Property)

(cf. 5090.7: Drugs, Alcohol, Tobacco, Inhalants, and Performance-Enhancing Substances)

Legal References: Drug-Free Workplace Act. 102 Stat. 4305-4308

Drug-Free Schools and Community Act, P.L. 99-570, as amended by

P.L. 101-226 (1991)

21 U.S.C. 812, Controlled Substances Act, I through V, 202.

21 C.F.R. 1300.11 through 1300.15 regulation.

54 Fed. Reg. 4946 (1989)

Connecticut General Statutes

1-21b Smoking prohibited in certain places

Adopted: December 5, 1989

Cross Referenced: October 16, 1990

Date of Revision: June 16, 2009

Date of Revision: April 1, 2014

4116.1 Sexual Harassment

The Board of Education endeavors to provide all district employees with a work environment that is free from all forms of sexual harassment. All members of our school community are required to adhere to a standard of conduct that is respectful and courteous to students, district employees and the general public. Sexual harassment does not only depend upon the actor's intention but also upon how the target reasonably perceives the behavior and is affected by it. The Board recognizes that sexually harassing behavior can originate from a person of either sex against a member of either the opposite or same sex and from supervisors or from others.

The Board of Education condemns and prohibits all sexual harassment. Unwelcome behavior of a sexual nature is sexual harassment if submission to or rejection of it is made implicitly or explicitly a condition of employment or the basis of employment decisions, or if it has the purpose or effect of unreasonably interfering with work performance or creating an intimidating hostile or offensive work environment. The Board also forbids any retaliatory behavior against any good faith complainants or witnesses in sexual harassment matters.

The right to confidentiality of the complainant and the accused will be respected consistent with the Board's legal obligations and with the necessity to investigate allegations of misconduct and take corrective action when such conduct has occurred. Any employee who believes that she or he has reason to complain about sexual harassment should report the alleged misconduct immediately to one of the following: an administrator, the Title IX Coordinator (Director of Special Education and Pupil Personnel Services), or the Superintendent of Schools. The Board, upon learning of possible sexual harassment, may institute an investigation, even absent a complaint.

The Superintendent will develop and implement specific procedures on reporting, investigating and remedying allegations of sexual harassment. Application of these procedures shall be subject to, or consistent with, any applicable provisions of the district's collective bargaining agreements, the tenure laws and state and federal constitutional due process provisions.

Copies of this policy and its accompanying regulations are to be distributed to all certified and non-certified employees and posted in appropriate places.

Legal References:

Civil Rights Act of 1964, Title Vll, 42 U.S.C. 2000-e2 (a)

Equal Employment Opportunity Commission Policy Guidance N-915.035 (on current issues of sexual harassment, effective 3/19/90).

Meritor Savings Bank. FSB v. Vinson, 477 U.S. 57 (1986)

29 CFR Para. 1604.11 (EEOC)

Faragher v. City of Boca Raton, No. 97-282, (U.S. Supreme Court, June 26, 1998

Gebbser v. Lago Vista Indiana School District, No. 99-1866, (U.S. Supreme

Court, June 26, 1998

Connecticut General Statutes

46a-60 Discriminatory Employment Practices Prohibited.

Date of Adoption: January 19, 1981

Date of Revision: December 17, 1991

Date of Revision: May 4, 1993

Technical Revision: April 4, 2006

4117.1 Retirement

Any certified employee of the Madison Board of Education may retire under provisions of any retirement plan of the Connecticut Teachers' Retirement Board, at the option of the employee and in accordance with State law.

A former certified employee receiving retirement benefits from the Connecticut teachers' retirement system may be reemployed as a certified employee by the Madison Board of Education if so authorized by the Teachers' Retirement Board. Such authorization is contingent upon certification to the teachers' retirement board by the Madison Board of Education that such reemployment is in the best interests of the school system.

Legal Reference: Connecticut General Statutes Section 10-183

Date Adopted: December 3, 1991

4117.3 Personnel Reduction

The Madison Board of Education may find it necessary upon occasion to reduce the number of certified personnel it employs, due to reduced enrollment; lack of funds; elimination or reduction of a particular program; or other appropriate reasons.

Prior to commencing action to terminate the contract of a certified employee, the Board of Education will abide by procedures currently existing in the employee contractual agreement. In addition, the Board will give due consideration to its ability to reduce staff through voluntary retirement; voluntary resignation; transfer of existing staff; and voluntary leaves of absence.

The Superintendent is directed to use just and reasonable procedures for releasing staff members in accordance with the current contractual agreement and State Statute, and with consideration of tenure; the needs of the schools and students; and the qualifications and job performance of the personnel.

Prior to terminating a contract, the Board shall vote to give the certified employee written notice that termination of his/her contract is under consideration. The notification and subsequent procedures related to termination shall be in accordance with State Statute.

Personnel who are terminated because of the elimination of a position shall be considered for reemployment in accordance with the layoff procedure contained in the employee contractual agreement.

Legal Reference: Connecticut General Statutes

10-4a Educational interests of the state identified

Section 10-151(d) Employment of teachers. Notice and hearing on termination of contract

10-220 Duties of boards of education

Date of Adoption: December 3, 1991

Date of Revision: January 5, 2006

4117.4 Dismissal/Suspension

The Madison Board of Education shall comply with Connecticut law in matters respecting the termination and / or suspension of tenured and non-tenured certified personnel.

Legal Reference: Connecticut General Statutes

10-151(c) Employment of teachers.

PA 95-58 An Act Concerning Teacher Evaluations, Tenure and Dismissal.

PA 97-247 An Act Concerning Revisions to the Education Statutes.

Shanbrom v. Orange Board of Education, 2 Conn. L. Rpts. 396, 398 (1990)

Date of Adoption: May 5, 1992

Technical Revision: April 4, 2006

4118 Tenure

The intention of the board is to maintain a competent staff whose objective is the continued improvement of the quality of education provided students in the Madison Public Schools.

Achievement of tenure shall be in compliance with the state statutes and regulations.


Legal Reference: Connecticut General Statutes

#10-151 Employment of teachers. Notice and hearing on termination of or failure to renew contract. Appeals as amended by P.A. 10-111, An Act

Concerning Education Reform in Connecticut, and P.A. 12-116, An Act Concerning Educational Reform.

10-158a Cooperative arrangements among towns. School building projects.

Student transportation.

P.A. 11-135 an Act Concerning Implementation Dates for Secondary School Reform.

Connecticut Guidelines for Educator Evaluation adopted by the State Board of Education, June 27, 2012.

Connecticut’s System for Educator Evaluation and Development (SEED)

Date of Adoption: 9/73

Date of Revision: May 3, 2016

4118.1 Nondiscrimination

The conditions and/or privileges of employment in the Madison Public School System, including wages, hours, terms and benefits shall be applied without regard to race, color, religion, sex, sexual orientation, gender identity or expression, national origin, age, marital status, ancestry, and physical disability (within limits of “reasonable accommodations” and if the disability does not impair the ability of the applicant or employer to perform the essential functions of the job). The Board of Education seeks to extend the advantages of public education with full equality of educational opportunity to all students and personnel. Neither the Board of Education nor any employee nor another person acting in the name of and on behalf of this district, may aid or compel the performance of an unfair practice as defined by law.

Harassment

No member of the Board, agent of the Board, or agent of any employee organization may harass any employee or person seeking employment or any member of the Board on the basis of sex. “Sexual harassment” as defined by law includes any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature affecting a person's employment, continuity of employment or work performance or creating an offensive working environment.

Association Membership

No employee shall suffer any professional disadvantage by reason of the employee's membership in an employee association or participation in its lawful activities.

Grievances

Grievance procedures, for alleged violations of Board policies, administrative regulations and school district operations in general, shall be followed as set forth in employee organization agreements. The Superintendent shall develop grievance procedures for those employees not covered by such agreements.

No employee, employee association representative, member of any employee organization or any other participant in a grievance procedure shall suffer reprisals in any other way or suffer any professional disadvantage by reason of their opposition to any unfair labor practices or because of participation in the processing of any grievance.

Policy Dissemination

The Superintendent shall inform staff of this policy in an appropriate manner, and monitor its implementation so as to prevent unfair employment practices. Any incidence of discrimination shall be reported to the appropriate supervisor.


Legal Reference: Connecticut General Statutes

46a-60 Discriminatory employment practices prohibited.

46a-81a Discrimination on the basis of sexual orientation

10-153 Discrimination on account of marital status.

10-153a Rights concerning professional organization and regulations.

PA 11-55 An Act Concerning Discrimination

Policy Adopted: December 17, 1991

Policy Revised: February 8, 2006

Policy Revised: November 1, 2011

4118.14 Disabilities

The Board of Education prohibits discrimination against a qualified individual with a disability with regard to job application procedures, hiring, advancement, employee compensation, or job training. The Board will afford qualified disabled individuals reasonable accommodations. The Supreme Court of the United States has recognized that individuals with a communicable disease may be considered disabled.

Disabled employees who can no longer perform essential job functions are encouraged to advise their supervisors or administrators of the nature of their disability and which functions cannot be performed. The Board will consider any reasonable suggestions of accommodation that would enable performance of those functions so long as the accommodation will not impose an undue hardship on the operation of the school system.

Legal Reference: Connecticut General Statutes

10-209 Records not to be public.

19-581 AIDS testing and medical information.

46a-60 Discriminatory employment practices prohibited.

Federal Law

Section 504 and the Federal Vocational Rehabilitation Act of 1973, 20 U.S.C.

706(7)(b).

American Disability Act of 1989.

Chalk v. The United States District Court of Central California.

Date of Adoption: June 19, 1990

Date of Revision: October 3, 2006

4118.5 Freedom of Speech / Expression

Academic freedom is the freedom to teach and to learn. With freedom comes responsibility; with rights come obligations. Accordingly, academic freedom in our schools is subject to certain limitations. Therefore, the Board of Education affirms that academic freedom in the Madison Public Schools shall be properly defined within the context of law and the constraints of mutual respect among individuals. Therefore, access to ideas and opportunities to consider the broad range of questions and experiences which constitute the proper preparation for a life of responsible citizenship must not be defined by the interests of any single viewpoint. Educators must be free to select instructional and research materials appropriate to the maturity level of their students.

An inevitable consequence of academic freedom is that it leads to consideration of issues which may be considered controversial. Controversial issues are those problems, subjects, or questions about which there are significant differences of opinion. Learning to deal with such controversial issues is one of the basic competencies that all students should acquire. In order for students to learn these competencies, teachers must be free to help students to identify and evaluate relevant information, to learn the techniques of critical analysis, and to make independent judgments. Although teachers have the right to express their own viewpoints and opinions, they do not have the right to indoctrinate students with their personal views.

Finally, the Board of Education affirms that the purpose of public education is the pursuit of knowledge and the preparation of our children for responsible citizenship in a society that respects differences and shared freedom.


Policy Adopted: June 7, 1994

4121 Substitute Teachers

A substitute teacher in the Madison Public Schools shall be a graduate of a four-year college who is employed for periods of time in the absence of a regular teacher.

The Board shall only hire applicants for substitute teaching positions who comply with the reference and background checks as detailed in Policy #4111.1 and who comply with the disclosure requirements and after requesting information from the applicant’s prior employers and SDE. The following criteria shall be met by any individual substituting:

  1. Verification of a Bachelor's degree shall be submitted to the Superintendent's office.
  2. Proof of eligibility to work in the United States.
  3. Evidence of a tuberculin test (intradermal PPD) and chest x-ray if positive.
  4. Submission of a Department of Children & Families (DCF) Release of Information form.

The Superintendent is to provide for suitable programs for recruiting, training, assigning, orienting and evaluating substitute teachers.

Retired teachers may be employed as substitute teachers without jeopardizing their retirement benefits within the limits as prescribed by State law.

The Superintendent shall be responsible for determining the type of substitute required in any given situation.

Legal Reference: Connecticut General Statutes

Section 10-183v Re-employment of teachers.

June 19 Special Session, Public Act No. 09-1 An Act Implementing the Provisions of the Budget Concerning Education, Authorizing State Grant Commitments for School Building Projects and Making changes to the Statutes Concerning School Building Projects and Other Education Statutes. (Section 48) Public Act No. 09-6 September Special Session.

10-221d Criminal history records checks of school personnel. Fingerprinting.

Termination or dismissal. (as amended by PA 16-67)

10-222c Hiring policy (as amended by PA 16-67)

Date of Adoption: January 17, 1972

Date of Revision: June 2, 1992

Date of Revision: December 2, 2008

Date of Revision: March 7, 2017

4122 Student Teachers / Internship

The Madison Board of Education recognizes the importance of preparing student teachers, both from the standpoint of providing an important part of their training, and for giving the teachers-in-training an opportunity to further enrich our students' learning experience. The Board encourages the administration to cooperate with appropriate teacher-training institutions and to authorize the placement of student teachers in the Madison schools.

The student teachers shall be placed with those teachers who have been chosen through the district selection process and who have successfully completed mentor/support teacher training provided by the State Department of Education or Regional Educational Service Centers.

The administration of the Madison Public Schools shall maintain the rules, regulations and training guidelines of the training institutions as they pertain to the student teachers' placement in the schools.

The administration is authorized to accept or reject student teachers. The criteria established shall include the merit of the candidate proposed; the school's ability to contribute to the training of the student teacher; and the effect of his/her presence on the school environment.

The Superintendent shall develop procedures for implementation of this program.


(cf #4111.1 Reference Checks)

Legal Reference: Connecticut General Statutes Section 10-220a(d)

Date Adopted: April 21, 1992

Date Revised: June 1, 2010

4126 Consultants

The Madison Board of Education recognizes the value of consultants to the school district when it is clearly demonstrated they can provide valuable and necessary specialized services which cannot be provided by school personnel due to limitations of time, experience, funds, or knowledge. Consultants shall be employed for a prescribed purpose and period of time.

Funds for consultants should be part of planning specific projects or programs. The fee shall be within budget and charged to the appropriate budget account.

Date Adopted: 4/21/92

4135 Organizational Development / Employee Communications

The Madison Board of Education recognizes that the competence and satisfaction of all its employees affects the quality of the Madison Public Schools. Furthermore, the Board of Education recognizes that the competence and satisfaction of all its employees are related to the extent to which the ideas, suggestions, commendations, criticisms and needs of its employees regarding the operation of the Madison Public Schools are considered.

The Board desires to establish a systematic process for employee expression of ideas, suggestions, commendations, criticisms and needs regarding districtwide operations, group specific issues, and individual issues, and to develop programs which address these areas and monitor responses to them.

Furthermore, the Board desires to support a climate in which the district's employees participate in a process which plans systematically for problem solving, and enhances communication among all employees and employee groups.

Therefore, the Board recognizes its obligation to provide support and opportunity to carry out such organizational development and employee communication programs as integral parts of the total school district operation, and directs the Superintendent of Schools to implement such a program.

Policy Adopted: June 7, 1994

4140 Computers: Web Sites / Pages

The Board of Education encourages the administration and staff to create and maintain World Wide Web sites for the district and individual schools for educational purposes. The web sites shall serve as avenues for educating the community, providing information about our schools and communicating with the extended school community. District and individual school web sites shall be used to share information relating to our schools and our mission. Web sites may also provide instructional resources for staff and students.

Materials displayed on web sites are published on the Internet. Therefore, the content should be professional quality and consistent with the education mission of the school system. Web sites shall follow standards for ethical behavior with regard to information and technology by showing respect for the principles of intellectual freedom, intellectual property rights and the responsible use of information and technology. Pages shall reflect an understanding that both internal and external audiences will be viewing the information.

Any pages or links representing the school district shall follow guidelines and responsibilities pertaining to content standards, student records, copyright, and technical standards which are contained in the administrative regulations which accompany this policy.

Additionally, all provisions of this policy must comply with existing Board of Education policies.

4141 Social Networking

The Board of Education recognizes the importance of social media for its employees, and acknowledges that its employees have the right under the First Amendment, in certain circumstances, to speak out on matters of public concern. However, the Board will regulate the use of social media by employees, including employees’ personal use of social media, when such use:

  1. interferes with the work of the school district;
  2. is used to harass co-workers or other members of the school community;
  3. creates a hostile work environment;
  4. breaches confidentiality obligations of school district employees;
  5. disrupts the work of the school district;
  6. harms the goodwill and reputation of the school district in the community; or
  7. 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:

U.S. Constitution, Amend. I

Conn. Constitution, Article I, Sections 3, 4, 14

Conn. Gen. Stat. § 31-48d

Conn. Gen. Stat. §31-51q

Conn. Gen. Stat. §§ 53a-182; 53a-183; 53a-250

Electronic Communication Privacy Act, 28 U.S.C. §§ 2510 through 2520

Date of Adoption: July 19, 2011

4150 Acceptable Use of Computer Equipment and Related Systems, Software and Networks

The Madison Board of Education provides computers, computer systems, software, electronic access privileges, and networks for students and staff to carry out the educational mission of the Board and to enhance the curriculum and learning opportunities for students and staff in an environment which ensures access to, and management of, up-to-date information and communication services. Responsible use of these systems and networks is expected of all staff.

The computers, computer systems, software, electronic access privileges, and networks are the property of the Madison Board of Education and are to be used only for those activities directly related to teaching, learning, and / or management by staff. The equipment, infrastructure, and software are not to be used for personal gain by any student or staff member.

The computers, computer systems, software, electronic access privileges, and networks provided by the Madison Board of Education shall not be modified or altered by individual users without the authorization of the Superintendent or his / her designee.

All users are hereby made aware that all information on the Madison Board of Education’s computers, computer systems, software, , and networks are in the public domain, unless specifically protected by the Connecticut Freedom of Information Act. Users should not assume that any information accessed or stored on the computers, computer systems, or networks provided by the Madison Board of Education is private.

The Madison Board of Education reserves the right to bypass any or all individual or group passwords to determine the activity on any or all of the computers, computer systems, software, electronic access privileges, and networks.

All District computers remain under the control, custody and supervision of the district. The District reserves the right to monitor all computer network and Internet activity by employees, whether using district issued devices or accessing the Madison network via personally owned devices.

The Superintendent shall establish appropriate guidelines and procedures for responsible use of computer systems and devices, software, electronic access privileges, networks, and the internet provided by the Madison Board of Education. Employees are required to periodically sign an appropriate Network Use Agreement in order to access network resources. Employees who violate this policy may be subject to disciplinary action.


(cf. 5210: Accepted Use of Computers, Computer Systems, Software, Electronic Access Privileges, and Networks)

Legal Reference: Connecticut General Statutes

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

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 his/her privately owned vehicle if the following requirements are satisfied:

  1. The employee applies in writing and receives in advance written permission of the Superintendent or his/her 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 his/her designee at the time he/she 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 his/her designee at the time he/she applies in writing;
  4. The employee agrees to maintain his/her 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 his/her 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

4211 Recruitment and Selection

The Madison Board of Education recognizes that all employees in a school district must contribute to an environment that enhances student learning.

The Superintendent, or his/her designee, shall be responsible for determining the personnel needs of the school district. It is expected that the Superintendent shall seek the best qualified candidates from a competitive field of applicants for employment. In addition, the following requirements shall be met:

  • All applicants shall provide personal references as well as evidence of previous employment, if applicable.
  • Successful applicants shall receive a personal interview.

No advertisement of employment may by intent or design restrict employment based upon discrimination as defined by State and Federal law.

School employees cannot be required to reside in Madison.

Legal Reference: Ct. Gen. St. 46-a – 60

Date Adopted: November 19, 199

4211.1 Affirmative Action

The Madison Public Schools shall comply with all federal and state laws and regulations related to equal employment opportunities and prohibition of discrimination.

The Madison Board of Education will provide equal employment opportunities within the Madison School District. No person shall, on the basis of race, color, religion, sex, sexual orientation, national origin, age, marital status, ancestry, and physical disability (within limits of “reasonable accommodations” and if the disability does not impair the ability of the applicant or employer to perform the essential functions of the job), be excluded from, denied benefits of, or be discriminated against under any program, activity, or service of the Board of Education.

No advertisement of employment opportunities may by intent or design restrict employment based upon discrimination as defined by law.

(cf. 4111 Recruitment and Selection)

Legal Reference: Connecticut General Statutes

10-153 Discrimination on account of marital status

10-220 Duties of board of education (as amended by 98-252)

Connecticut Constitution Article I, Section 20: Amendment V Equal Rights Protection Amendment

46a-51(8), (17), (18) Discriminatory practices

46a-58 (a) Deprivation of Rights

461-60 Discriminatory employment practices prohibited

46a-79 State policy re: employment of criminal offenders

46a-80 Denial of employment based on prior conviction of crime

46a-81a Discrimination on the basis of sexual orientation

Date of Adoption: February 8, 2006

4212.42 Drug and Alcohol Testing for School Bus Drivers

In a continuing effort to prevent accidents and injuries resulting from the use of drugs and misuse of alcohol by drivers of commercial vehicles, the Madison Public Schools is committed to ensure that contracts for student transportation services include a drug and alcohol testing program that meet the requirements of federal regulations, and state law pertaining to a required pre-employment and random drug testing program for drivers of school buses and school transportation vehicles (STVs) that carry ten or fewer students. The student transportation services provider shall agree to actively enforce the federal and state requirements. The program shall meet the requirements of the Omnibus Transportation Employee Testing Act of 1991 and C.G.S. 14-276a.

This policy applies to all drivers and applicants for driver positions for the District who must have a Commercial Drivers License (CDL) to operate school vehicles.


Legal Reference: United States Code, Title 49

2717 Alcohol and controlled substances testing (Omnibus Transportation Employee Testing Act of 1991)

Code of Federal Regulations, Title 49

40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs

382 Controlled Substance and Alcohol Use and Testing

395 Hours of Service Drivers

Holiday v. City of Modesto (1991) 229 Cal. App. 3d. 528, 540.

International Brotherhood of Teamsters v. Department of Transportation

932 F. 2d 1292 (1991)

American Trucking Association, Inc. v. Federal Highway Administration, (1995) WL

136022 (4th circuit)

Connecticut General Statutes

14-261b Drug and alcohol testing of drivers of certain vehicles, mechanics and forklift operators

14-276a Regulations re school bus operators and operators of student transportation vehicles; qualifications; training. Pre-employment drug test required for operators

Policy adopted: June 17, 2014

4216 Instructional Paraprofessionals

Pursuant to Title I of the Federal Strengthening and Improving of Elementary and Secondary School Act, and the No Child Left Behind (NCLB) Act of 2001, Instructional Paraprofessionals in the Madison Public Schools may perform the following instructional support duties:

  • One-on-one tutoring for eligible students if the tutoring is scheduled at a time when the student would not ordinarily be receiving instruction from the regular teacher
  • Assist in classroom management
  • Conduct parent involvement activities
  • Assist in computer instruction
  • Provide instructional support in a library or media center
  • Act as a translator
  • Provide instructional support services under the direct supervision of qualified teachers

Instructional Paraprofessionals may assume limited non-instructional duties, even if they benefit non-Title I students, in the same proportion to their total work time as non-Title I Instructional Paraprofessionals.

Qualifications

In accordance with Title I and NCLB, Instructional Paraprofessionals, regardless of hiring date, must have earned a secondary school diploma or its recognized equivalent (except for those who act as translators to enhance the participation of limited English proficient students or whose activities consist solely of conducting parent involvement activities.)

Instructional Paraprofessionals must have:

  1. Completed at least two years of study at an institution of higher education or obtained an associate’s or higher degree; or
  2. Demonstrated through a formal local academic assessment the knowledge of and ability to assist in instructing, as appropriate:
    1. Reading/language arts, writing and mathematics; or
    2. Reading readiness, writing readiness, and mathematics readiness
If it is determined that a new Instructional Paraprofessional, to be hired by the District, has met the qualification requirements in another school district, that individual will be considered to have met the requirements if hired by this District.

Notice to Parents

An annual written notice shall be provided to parents of students enrolled in a Title I Schoolwide or Targeted Assistance Program telling them they may request information about any Instructional Paraprofessionals who provide instructional support for their child. The notice may be combined with a notice regarding Title I teacher qualifications.(cf. 6080.19.3.6 – Instructional Paraprofessionals)Legal Reference: 42 U.S.C. 653(a) Personal Responsibilities and Work Opportunity Reconciliation Act15 U.S.C. et. seq., Fair Credit Reporting Act20 U.S.C. Section 1119(c), No Child Left Behind Act of 200120 C.F.R. 200.59 Federal RegulationsPolicy adopted: October 21, 2008

4217 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 a coaching permit who is hired by the Madison Board of Education to act as a coach for a sport season. This term “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.

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 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

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 except as follows.

If the athletic coach has served in the same coaching position for three or more consecutive school years, the following procedures shall apply. The Superintendent may non-renew the employment of any such athletic coach by providing written notification of that action within ninety (90) calendar days of the end of the season. The Superintendent may terminate the employment of any such athletic coach at any time for 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. 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 years may appeal any such non-renewal or termination decision (except if such decision was due to cancellation of the sport) to the Board of Education in accordance with the following procedures:

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.

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.

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.

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.

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 or designated panel thereof shall be final.

Legal References: Conn. Gen. Stat. § 10-222e

Date of Adoption: November 3, 2009

4241 Absence of School Staff

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 quarterly 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

(c.f. Policy #2131 Superintendent of Schools)

4300 Recognition of Service Awards

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 it's students.

The Board of Education shall annually make awards recognizing such efforts at a regularly scheduled Board Meeting, the Opening of School Staff Orientation Meeting, or a special ceremonial event.

Recognition shall be for the following:

Student Board Representative; in June at the completion of tenure.

Board Chair; month following completion of service in this position.

Retiring Board Member; month following completion of tenure.

Staff with Twenty-Years of Service in Madison; at School Orientation Meeting following service achievement.

Retiring Staff; at a Board meeting following completion of service or at an appropriate ceremony of recognition.

Special Service Award; at completion of special service (i.e.: speaker).

Date of Adoption: 5/4/88