Board Policy Manual Ch5


Chapter 5: Personnel

5:10 Equal Employment Opportunity and Minority Recruitment

The School District shall provide equal employment opportunities to all persons regardless of their race, color, creed, religion, national origin, sex, sexual orientation, age, ancestry, marital status, arrest record, military status order of protection status, unfavorable military discharge, citizenship status provided the individual is authorized to work in the United States, use of lawful products while not at work, being a victim of domestic or sexual violence, genetic information, physical or mental handicap or disability, if otherwise able to perform the essential functions of the job with reasonable accommodation, pregnancy, childbirth, or related medical conditions; credit history, unless a satisfactory credit history is an established bona fide occupational requirement of a particular position, or other legally protected categories. No one will be penalized solely for his or her status as a registered qualifying patient or a registered designated caregiver for purposes of the Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/. Persons who believe they have not received equal employment opportunities should report their claims to the Nondiscrimination Coordinator and/or a Complaint Manager for the Uniform Grievance Procedure. These individuals are listed below. No employee or applicant will be discriminated or retaliated against because he or she: (1) requested, attempted to request, used, or attempted to use a reasonable accommodation as allowed by the Illinois Human Rights Act, or (2) initiated a complaint, was a witness, supplied information, or otherwise participated in an investigation or proceeding involving an alleged violation of this policy or State or federal laws, rules or regulations, provided the employee or applicant did not make a knowingly false accusation nor provide knowingly false information. Administrative Implementation The Superintendent shall appoint a Nondiscrimination Coordinator for personnel who shall be responsible for coordinating the District’s nondiscrimination efforts. The Nondiscrimination Coordinator may be the Superintendent or a Complaint Manager for the Uniform Grievance Procedure. The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers. Nondiscrimination Coordinator:
Katherine Barbour, Asst. Supt. of Human Resources and Professional Development
Name: Urbana School District Number 116
Address: 205 N. Race St, Urbana, IL 61803
Email: kbarbour@usd116.org
Telephone: 217-384-3641
  Complaint Managers:
Todd Taylor, Asst. Supt. Of Student Services Katherine Barbour, Asst. Supt. of Human Resources and Professional Development
Name: Urbana School District Number 116 Name: Urbana School District Number 116
Address: 205 N. Race St, Urbana, IL 61803 Address: 205 N. Race St, Urbana, IL 61803
Email: ttaylor@usd116.org Email: kbarbour@usd116.org
Telephone: 217-384-3645 Telephone: 217-384-3641
The Superintendent shall also use reasonable measures to inform staff members and applicants that the District is an equal opportunity employer, such as, by posting required notices and including this policy in the appropriate handbooks. Minority Recruitment The District will attempt to recruit and hire minority employees. The implementation of this policy may include advertising openings in minority publications, participating in minority job fairs, and recruiting at colleges and universities with significant minority enrollments. This policy, however, does not require or permit the District to give preferential treatment or special rights based on a protected status without evidence of past discrimination. LEGAL REF.:        Age Discrimination in Employment Act, 29 U.S.C. §621 et seq. Americans With Disabilities Act, Title I, 42 U.S.C. §12111 et seq. Civil Rights Act of 1991, 29 U.S.C. §§621 et seq., 42 U.S.C. §1981 et seq., §2000e et seq., and §12101 et seq. Equal Employment Opportunities Act (Title VII of the Civil Rights Act of 1964), 42 U.S.C. §2000e et seq., 29 C.F.R. Part 1601. Equal Pay Act, 29 U.S.C. §206(d). Genetic Information Nondiscrimination Act, 42 U.S.C. §2000ff et seq. Immigration Reform and Control Act, 8 U.S.C. §1324a et seq. Rehabilitation Act of 1973, 29 U.S.C. §791 et seq. Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d et seq. Pregnancy Discrimination Act, 42 U.S.C. §2000e(k). Title IX of the Education Amendments, 20 U.S.C. §1681 et seq., 34 C.F.R. Part 106. Uniformed Services Employment and Reemployment Rights Act (1994), 38 U.S.C. §§4301 et seq. Ill. Constitution, Art. I, §§17, 18, and 19. 105 ILCS 5/10-20.7, 5/10-20.7a, 5/10-21.1, 5/10-22.4, 5/10-23.5, 5/22-19, 5/24-4, 5/24-4.1, and 5/24-7. Compassionate Use of Medical Cannabis Pilot Program Act, 410 ILCS 130/40. Genetic Information Protection Act, 410 ILCS 513/25. Ill. Whistleblower Act, 740 ILCS 174/. Ill. Human Rights Act, 775 ILCS 5/1-103, 5/2-102, 5/2-103, and 5/6-101. Religious Freedom Restoration Act, 775 ILCS 35/5. Employee Credit Privacy Act, 820 ILCS 70/. Job Opportunities for Qualified Applicants Act, 820 ILCS 820 ILCS 75/. Ill. Equal Pay Act of 2003, 820 ILCS 112/. Victims’ Economic Security and Safety Act, 820 ILCS 180/30. 23 Ill.Admin.Code §1.230. CROSS REF.:          2:260 (Uniform Grievance Procedure), 5:20 (Workplace Harassment Prohibited), 5:30 (Hiring Process and Criteria, 5:40 (Communicable and Chronic Infectious Disease), 5:50 (Drug- and Alcohol-Free Workplace; Tobacco Prohibition), 5:70 (Religious Holidays), 5:180 (Temporary Illness or Temporary Incapacity), 5:200 (Terms and Conditions of Employment and Dismissal), 5:250 (Leaves of Absence), 5:270 (Employment, At-Will, Compensation, and Assignment), 5:300, (Schedules and Employment Year), 5:330 (Sick Days, Vacation, Holidays, and Leaves), 7:10 (Equal Educational Opportunities), 7:180 (Prevention of and Response to Bullying, Intimidation, and Harassment), 8:70 (Accommodating Individuals with Disabilities) ADOPTED:           May 5, 2015

5:20 Workplace Harassment Prohibited

The School District expects the workplace environment to be productive, respectful, and free of unlawful harassment. District employees shall not engage in harassment or abusive conduct on the basis of an individual’s race, religion, national origin, sex, sexual orientation, age, citizenship status, disability, or other protected status identified in Board policy 5:10, Equal Employment Opportunity and Minority Recruitment. Harassment of students, including, but not limited to, sexual harassment, is prohibited by Board policy 7:20, Harassment of Students Prohibited. Sexual Harassment Prohibited The School District shall provide a workplace environment free of unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct, or communications constituting harassment on the basis of sex as defined and otherwise prohibited by State and federal law. District employees shall not make unwelcome sexual advances or request sexual favors or engage in any unwelcome conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment; (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.  Sexual harassment prohibited by this policy includes verbal or physical conduct. The terms intimidating, hostile, or offensive include, but are not limited to, conduct that has the effect of humiliation, embarrassment, or discomfort. Sexual harassment will be evaluated in light of all the circumstances. Making a Complaint: Enforcement A violation of this policy may result in discipline, up to and including discharge. Any person making a knowingly false accusation regarding harassment will likewise be subject to disciplinary action, up to and including discharge. An employee’s employment, compensation, or work assignment shall not be adversely affected by complaining or providing information about harassment. Retaliation against employees for bringing bona fide complaints or providing information about harassment is prohibited (see Board policy 2:260, Uniform Grievance Procedure). Aggrieved persons, who feel comfortable doing so, should directly inform the person engaging in harassing conduct or communication that such conduct or communication is offensive and must stop. Employees should report claims of harassment to the Nondiscrimination Coordinator and/or use the Board policy 2:260, Uniform Grievance Procedure. Employees may choose to report to a person of the employee’s same sex. There are no express time limits for initiating complaints and grievances under this policy; however, every effort should be made to file such complaints as soon as possible, while facts are known and potential witnesses are available. Whom to Contact with a Report or Complaint The Superintendent shall insert into this policy the names, addresses, and telephone numbers of the District’s current Nondiscrimination Coordinator and Complaint Managers. Nondiscrimination Coordinator:
Katherine Barbour, Asst. Supt. of Human Resources and Professional Development
Name:  Urbana School District Number 116
Address: 205 N. Race St., Urbana, IL  61801
Email: kbarbour@usd116.org
Telephone:  217-384-3641
  Complaint Managers:
Todd Taylor, Asst. Supt. Of Student Services Katherine Barbour, Asst. Supt. of Human Resources and Professional Development
Name:  Urbana School District Number 116 Name:  Urbana School District Number 116
Address:  205 N. Race St, Urbana, IL  61803 Address:  205 N. Race St., Urbana, IL  61803
Email: ttaylor@usd116.org Email: kbarbour@usd116.org
Telephone:  217/384-3645 Telephone:  217/384-3641
The Superintendent shall also use reasonable measures to inform staff members and applicants of this policy, which shall include reprinting this policy in the appropriate handbooks. LEGAL REF.:        Title VII of the Civil Rights Act, 42 U.S.C. §2000e et seq.; 29 C.F.R. §1604.11. Title IX of the Education Amendments, 20 U.S.C. §1681 et seq.; 34 C.F.R. §1604.11. Ill. Human Rights Act, 775 ILCS 5/2-101(E), 5/2-102(D), 5/5-102, and 5/5-102.2. 56 Ill. Admin.Code Parts 2500, 2510, 5210, and 5220. Burlington Industries v. Ellerth, 118 S.Ct. 2257 (1998). Crawford v. Metro. Gov’t of Nashville & Davidson County, 129 S. Ct. 846 (2009). Faragher v. City of Boca Raton, 118 S.Ct. 2275 (1998). Franklin v. Gwinnett Co. Public Schools, 112 S.Ct. 1028 (1992). Harris v. Forklift Systems, 114 S.Ct. 367 (1993). Jackson v. Birmingham Board of Education, 125 S.Ct. 1497 (2005). Meritor Savings Bank v. Vinson, 106 S.Ct. 2399 (1986). Oncale v. Sundown Offshore Services, 118 S.Ct. 998 (1998). Porter v. Erie Foods International, Inc., 576 F.3d 629 (7th Cir. 2009). Sangamon County Sheriff’s Dept. v. Ill. Human Rights Com’n, 908 N.E.2d 39 (Ill., 2009). Vance v. Ball State University, 133 S. Ct. 2434 (2013). CROSS REF.:          2:260 (Uniform Grievance Procedure), 5:10 (Equal Employment Opportunity and Minority Recruitment), 7:20 (Harassment of Students Prohibited) ADOPTED:           December 17, 2013

5:30 Hiring Process and Criteria

The District hires the most qualified personnel consistent with budget and staffing requirements and in compliance with School Board policy on equal employment opportunity and minority recruitment. The Superintendent is responsible for recruiting personnel and making hiring recommendations to the Board. If the Superintendent’s recommendation is rejected, the Superintendent must submit another. The Superintendent may select personnel on a short-term basis for a specific project or emergency condition before the Board's approval. No individual will be employed who has been convicted of a criminal offense listed in No individual will be employed who has been convicted of a criminal offense listed in Section 5/21B-80 of the School Code. All applicants must complete a District application in order to be considered for employment. Job Descriptions The Superintendent or designee shall develop and maintain a current comprehensive job description for each position or job category; however, a provision in a collective bargaining agreement or individual contract will control in the event of a conflict. Investigations The Superintendent or designee shall ensure that a fingerprint-based criminal history records check and a check of the Statewide Sex Offender Database and Violent Offender Against Youth Database is performed on each applicant as required by State law. The Superintendent or designee shall notify an applicant if the applicant is identified in either database. The School Code requires the Board President to keep a conviction record confidential and share it only with the Superintendent, Regional Superintendent, State Superintendent, State Educator Preparation and Licensure Board, any other person necessary to the hiring decision, or for purposes of clarifying the information, the Department of State Police and/or Statewide Sex Offender Database. Each newly hired employee must complete an Immigration and Naturalization Service Form as required by federal law. The District will also conduct a check of the CANTS5 and CANTS689 databases and other databases queries as outlined in District procedures and agreements. The District retains the right to discharge any employee whose criminal background investigation reveals a conviction for committing or attempting to commit any of the offenses outlined in Section 5/ 21B-80 of the School Code or who falsifies, or omits facts from, his or her employment application or other employment documents. The Superintendent or designee shall ensure that the District does not engage in any investigation or inquiry prohibited by law and complies with each of the following:
  1. The District uses an applicant’s credit history or report from a consumer reporting agency only when a satisfactory credit history is an established bona fide occupational requirement of a particular position.
  2. The District does not ask an applicant or applicant’s previous employers about claim(s) made or benefit(s) received under the Workers’ Compensation Act.
  3. The District does not request of an applicant or employee access in any manner to his or her social networking website, including a request for passwords to such sites.
  4. The District provides equal employment opportunities to all persons. See policy 5:10, Equal Employment Opportunity and Minority Recruitment.
Physical Examinations Each new employee must furnish evidence of physical fitness to perform assigned duties and freedom from communicable disease. The physical fitness examination must be performed by a physician licensed in Illinois, or any other state, to practice medicine and surgery in any of its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations. The employee must have the physical examination performed no more than 90 days before submitting evidence of it to the District. Any employee may be required to have an additional examination by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, or an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervising physician to perform health examinations, if the examination is job-related and consistent with business necessity. The Board will pay the expenses of any such examination. Orientation Program The District’s staff will provide an orientation program for new employees to acquaint them with the District’s policies and procedures, the school’s rules and regulations, and the responsibilities of their position. Before beginning employment, each employee must sign the Acknowledgement of Mandated Reporter Status form as provided in policy 5:90, Abused and Neglected Child Reporting. LEGAL REF.:        105 ILCS 5/10-21.9 and 5/24-5. Employee Credit Privacy Act, 820 ILCS 70/. Right to Privacy in the Workplace Act, 820 ILCS 55/. Americans with Disabilities Act, 42 U.S.C. §12112, 29 C.F.R. Part 1630. Immigration Reform and Control Act, 8 U.S.C. §1324a et seq. 105 ILCS 5/10-16.7, 5/10-20.7, 5/10-21.4, 5/10-21.9, 5/21B-10, 5/21B-80, 5/10-22.34, 5/10-22.34b, 5/22-6.5, and 5/24-1 et seq. 820 ILCS 55/ and 70/. Duldulao v. St. Mary of Nazareth Hospital, 483 N.E.2d 956 (Ill.App.1, 1985), aff’d in part and remanded 505 N.E.2d 314 (Ill., 1987). Kaiser v. Dixon, 468 N.E.2d 822 (Ill.App.2, 1984). Molitor v. Chicago Title & Trust Co., 59 N.E.2d 695 (Ill.App.1, 1945). CROSS REF.:          3:50 (Administrative Personnel Other Than the Superintendent), 4:175 (Convicted Child Sex Offender; Criminal Background Check and/or Screen; Notifications), 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:40 (Communicable and Chronic Infectious Disease), 5:90 (Abused and Neglected Child Reporting), 5:125 (Personal Technology and Social Media; Usage and Conduct), 5:220 (Substitute Teachers), 5:280 (Educational Support Personnel - Duties and Qualifications) ADOPTED:           January 20, 2015
  • 5:35 Compliance with the Fair Labor Standards Act

    Job Classifications The Superintendent will ensure that all job positions are identified as either “exempt” or “non-exempt” according to State law and the Fair Labor Standards Act (FLSA).” “Exempt” and “non-exempt” employee categories may include certificated and non-certificated job positions. All non-exempt employees, whether paid on a salary or hourly basis, are covered by minimum wage and overtime provisions. Workweek and Compensation The workweek for non-exempt District employees will be 12:00 a.m. Sunday until 11:59 p.m. Saturday. Non-exempt employees will be compensated for all hours worked in a workweek including overtime. For non-exempt employees paid a salary, the salary is paid for a 40-hour workweek even if an employee is scheduled for less than 40 hours. “Overtime” is time worked in excess of 40 hours in a single workweek. Sick leave, personal leave or vacation will not be counted as hours worked during the workweek when computing overtime or compensatory time. Overtime Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: A non-exempt employee shall not work overtime without his or her supervisor’s express approval. All supervisors of non-exempt employees shall: (1) monitor overtime use on a weekly basis and report such use to the business office, (2) seek the Superintendent or designee’s written pre-approval for any long term or repeated use of overtime that can be reasonably anticipated, (3) ensure that overtime provisions of this policy and the FLSA are followed, and (4) ensure that employees are compensated for any overtime worked. Accurate and complete time sheets of actual hours worked during the workweek shall be signed by each employee and submitted to the business office. The business office will review work records of employees on a regular basis, make an assessment of overtime use, and provide the assessment to the Superintendent. In lieu of overtime compensation, non-exempt employees may receive compensatory time-off, according to Board policy 5:310, Compensatory Time-Off. Suspension Without Pay No exempt employee shall have his or her salary docked, such as by an unpaid suspension, if the deduction would cause a loss of the exempt status. Licensed employees may be suspended without pay in accordance with Board policy 5:240, Professional Personnel - Suspension. Non-licensed employees may be suspended without pay in accordance with Board policy 5:290, Educational Support Personnel - Employment Termination and Suspensions. Implementation The Superintendent or designee shall implement the policy in accordance with the FLSA, including its required notices to employees. In the event of a conflict between the policy and State or federal law, the latter shall control. LEGAL REF.:        820 ILCS 105/4a. Fair Labor Standards Act, 29 U.S.C. §201 et seq., 29 C.F.R. Parts 516, 541, 548, 553, 778, and 785. CROSS REF.:          5:240 (Suspension), 5:290 (Employment Termination and Suspensions), 5:310 (Compensatory Time-Off) ADOPTED:           January 20, 2015

5:40 Communicable and Chronic Infectious Disease

The Superintendent or designee shall develop and implement procedures for managing known or suspected cases of a communicable and chronic infectious disease involving District employees that are consistent with State and federal law, Illinois Department of Public Health rules, and Board of Education policies. An employee with a communicable or chronic infectious disease is encouraged to inform the Superintendent immediately and grant consent to being monitored by the District’s Communicable and Chronic Infectious Disease Review Team. The Review Team, if used, provides information and recommendations to the Superintendent concerning the employee’s conditions of employment and necessary accommodations. The Review Team shall hold the employee’s medical condition and records in strictest confidence, except to the extent allowed by law. An employee with a communicable or chronic infectious disease will be permitted to retain his or her position whenever, after reasonable accommodations and without undue hardship, there is no substantial risk of transmission of the disease to others, provided an employee is able to continue to perform the position’s essential functions. An employee with a communicable and chronic infectious disease remains subject to the Board’s employment policies including sick and/or other leave, physical examinations, temporary and permanent disability, and termination. LEGAL REF.:        Americans With Disabilities Act, 42 U.S.C. §12101 et seq.; 29 C.F.R. §1630.1 et seq., amended by the Americans with Disabilities Act Amendments Act (ADAAA), Pub. L. 110-325. Rehabilitation Act of 1973, 29 U.S.C. §791; 34 C.F.R. §104.1 et seq. Department of Public Health Act, 20 ILCS 2305/6. 105 ILCS 5/24-5. Personnel Record Review Act, 820 ILCS 40/. Control of Communicable Diseases, 77 Ill.Admin.Code Part 690. CROSS REF.:          2:150 (Committees), 5:30 (Hiring Process and Criteria), 5:180 (Temporary Illness or Temporary Incapacity) ADOPTED:           October 20, 2015

5:50 Drug- and Alcohol-Free Workplace; Tobacco Prohibition

All District workplaces are drug- and alcohol-free workplaces. All employees are prohibited from engaging in any of the following activities while on District premises or while performing work for the District:
  1. Unlawful manufacture, dispensing, distribution, possession, or use of an illegal or controlled substance or being under the influence of any illegal substance or any detectible use of any illegal substance regardless of when or where the use occurred.
  2. Distribution, consumption, use, possession, or being under the influence of an alcoholic beverage.
  3. Possession or use of medical cannabis.
For purposes of this policy a controlled substance means a substance that is:
  1. Not legally obtainable,
  2. Being used in a manner different than prescribed,
  3. Legally obtainable, but has not been legally obtained, or
  4. Referenced in federal or State controlled substance acts.
As a condition of employment, each employee shall:
  1. Abide by the terms of the Board policy respecting a drug- and alcohol-free workplace; and
  2. Notify his or her supervisor of his or her conviction under any criminal drug statute for a violation occurring on the District premises or while performing work for the District, no later than 5 calendar days after such a conviction.
To make employees aware of the dangers of drug and alcohol abuse, the Superintendent or designee shall perform each of the following:
  1. Provide each employee with a copy of this policy.
  2. Post notice of this policy in a place where other information for employees is posted.
  3. Make available materials from local, State, and national anti-drug and alcohol-abuse organizations.
  4. Enlist the aid of community and State agencies with drug and alcohol informational and rehabilitation programs to provide information to District employees.`
  5. Establish a drug-free awareness program to inform employees about:
  6. The dangers of drug abuse in the workplace,
  7. Available drug and alcohol counseling, rehabilitation, re-entry, and any employee assistance programs, and
  8. The penalties that the District may impose upon employees for violations of this policy.
Tobacco Prohibition All employees are covered by the conduct prohibitions contained in policy 8:30, Visitors to and Conduct on School Property. The prohibition on the use of tobacco products applies both (1) when an employee is on school property, and (2) while an employee is performing work for the District at a school event regardless of the event’s location. Tobacco shall have the meaning provided in section 10-20.5b of the School Code. District Action Upon Violation of Policy An employee who violates this policy may be subject to disciplinary action, including termination.  Alternatively, the School Board may require an employee to successfully complete an appropriate drug- or alcohol-abuse rehabilitation program. The Board shall take disciplinary action with respect to an employee convicted of a drug offense in the workplace within 30 days after receiving notice of the conviction. Should District employees be engaged in the performance of work under a federal contract or grant, or under a State contract or grant of $5,000 or more, the Superintendent shall notify the appropriate State or federal agency from which the District receives contract or grant monies of the employee’s conviction within 10 days after receiving notice of the conviction. LEGAL REF.:        Americans With Disabilities Act, 42 U.S.C. §12114. Compassionate Use of Medical Cannabis Pilot Program, 410 ILCS 130/. Controlled Substances Act, 21 U.S.C. §812; 21 C.F.R. §1308.11-1308.15. Drug-Free Workplace Act of 1988, 41 U.S.C. §8101 et seq. Safe and Drug-Free School and Communities Act of 1994, 20 U.S.C. §7101 et seq. Drug-Free Workplace Act, 30 ILCS 580/. 105 ILCS 5/10-20.5b. CROSS REF.:          8:30 (Visitors to and Conduct on School Property) ADOPTED:           January 19, 2016

5:60 Expenses

The Board of Education shall reimburse employees for expenses necessary for the performance of their duties, provided the expenses have been approved by the Superintendent or designee. If the anticipated expense amount exceeds budgeted amounts, prior Board approval is required. Employees must submit to the Superintendent an itemized, signed voucher showing the amount of actual expenses, attaching receipts to the voucher. Expense vouchers shall be presented to the Board in its regular bill process. Travel Reimbursement Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. LEGAL REF.: 105 ILCS 5/10-22.32. ADOPTED: January 19, 2010 Rev. 02/10

5:70 Religious Holidays

Please refer to the following current agreements: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by these agreements: The Superintendent shall grant an employee’s request for time off to observe a religious holiday if the employee gives at least 5 days prior notice and the absence does not cause an undue hardship. Employees may use earned vacation time, or personal leave to make up the absence, provided such time is consistent with the District’s operational needs.  A per diem deduction may also be requested by the employee. LEGAL REF.:        Religious Freedom Restoration Act, 775 ILCS 35/15. Illinois Human Rights Act, 775 ILCS 5/2-101 and 5/2-102. ADOPTED:            June 27, 2012

5:80 Court Duty

Please refer to the following current agreements: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by these agreements: The District will pay full salary during the time an employee is absent due to court duty or, pursuant to a subpoena, serves as a witness or has a deposition taken in any school-related matter pending in court. The District will deduct any fees that an employee receives for such duties, less mileage and meal expenses, from the employee’s compensation, or make arrangements for the employee to endorse the fee check to the District. An employee should give at least 5 days’ prior notice of pending court duty to the District. LEGAL REF.: 105 ILCS 5/10-20.7. ADOPTED: January 19, 2010 Rev. 02/10

5:90 Abused and Neglected Child Reporting

Any District employee who suspects or receives knowledge that a student may be an abused or neglected child or, for a student aged 18 through 21, an abused or neglected individual with a disability, shall: (1) immediately report or cause a report to be made to the Illinois Department of Children and Family Services (DCFS) on its Child Abuse Hotline 800/25-ABUSE or 217/524-2606, and (2) follow directions given by DCFS concerning filing a written report within 48 hours with the nearest DCFS field office. The report shall include, if known:
  1. The name and address of the child, parent/guardian names, or other persons having custody;
  2. The child’s age;
  3. The child’s condition, including any evidence of previous injuries or disabilities; and
  4. Any other information that the reporter believes may be helpful to DCFS for its investigation.
The employee shall also promptly notify the Superintendent or Building Principal that a report has been made. The Superintendent or Building Principal shall immediately coordinate any necessary notifications to the student’s parent(s)/guardian(s) with DCFS, the applicable school resource officer (SRO), and/or local law enforcement. Any District employee who discovers child pornography on electronic and information technology equipment shall immediately report it to local law enforcement, the National Center for Missing and Exploited Children’s CyberTipline 800/843-5678, or online at www.cybertipline.com. The Superintendent or Building Principal shall also be promptly notified of the discovery and that a report has been made. Any District employee who observes any act of hazing that does bodily harm to a student must report that act to the Building Principal, Superintendent, or designee who will investigate and take appropriate action. If the hazing results in death or great bodily harm, the employee must first make the report to law enforcement and then to the Superintendent or Building Principal. Hazing is defined as any intentional, knowing, or reckless act directed to or required of a student for the purpose of being initiated into, affiliating with, holding office in, or maintaining membership in any group, organization, club, or athletic team whose members are or include other students. Abused and Neglected Child Reporting Act (ANCRA), School Code, and Erin’s Law Training The Superintendent or designee shall provide staff development opportunities for District employees in the detection, reporting, and prevention of child abuse and neglect. All District employees shall:
  1. Before beginning employment, sign the Acknowledgement of Mandated Reporter Status form provided by DCFS. The Superintendent or designee shall ensure that the signed forms are retained.
  2. Complete mandated reporter training as required by law within one year of initial employment and at least every 5 years after that date.
The Superintendent will encourage all District educators to complete continuing professional development that addresses the traits and identifiers that may be evident in students who are victims of child sexual abuse, including recognizing and reporting child sexual abuse and providing appropriate follow-up and care for abused students as they return to the classroom setting. Special Superintendent Responsibilities The Superintendent shall execute the requirements in Board policy 5:150, Personnel Records, whenever another school district requests a reference concerning an applicant who is or was a District employee and was the subject of a report made by a District employee to DCFS. The Superintendent shall notify the State Superintendent and the Regional Superintendent in writing when he or she has reasonable cause to believe that a license holder was dismissed or resigned from the District as a result of an act that made a child an abused or neglected child. The Superintendent must make the report within 30 days of the dismissal or resignation and mail a copy of the notification to the license holder. Special School Board Member Responsibilities Each individual Board member must, if an allegation is raised to the member during an open or closed Board meeting that a student is an abused child as defined in the Act, direct or cause the Board to direct the Superintendent or other equivalent school administrator to comply with the Act’s requirements concerning the reporting of child abuse. LEGAL REF.:        105 ILCS 5/10-21.9. 20 ILCS 1305/1-1 et seq. 20 ILCS 2435/. 325 ILCS 5/. 720 ILCS 5/12C-50.1. CROSS REF.:          2:20 (Powers and Duties of the Board of Education; Indemnification), 5:20 (Workplace Harassment Prohibited), 5:100 (Staff Development Program), 5:120 (Ethics and Conduct), 5:150 (Personnel Records), 6:120 (Education of Children with Disabilities), 6:250 (Community Resource Persons and Volunteers), 7:20 (Harassment of Students Prohibited), 7:150 (Agency and Police Interviews) ADOPTED:           January 19, 2016

5:100 Staff Development Program

The Superintendent or designee shall implement a staff development program. The goal of such program shall be to update and improve the skills and knowledge of staff members in order to achieve and maintain a high level of job performance and satisfaction. Additionally, the development program for licensed staff members shall be designed to effectuate the District and School Improvement Plans so that student learning objectives meet or exceed goals established by the District and State. The staff development program shall provide, at a minimum, at least once every 2 years, the in-service training of licensed school personnel and administrators on current best practices regarding the identification and treatment of attention deficit disorder and attention deficit hyperactivity disorder, the application of non-aversive behavioral interventions in the school environment, and the use of psychotropic or psychostimulant medication for school-age children. The staff development program shall provide, at a minimum, once every 2 years, the in-service training of all District staff on educator ethics, teacher-student conduct, and school employee-student conduct. In addition, the staff development program shall include each of the following:
  1. At least, once every 2 years, training of all District staff by a person with expertise on anaphylactic reactions and management.
  2. At least every 2 years, an in-service to train school personnel, at a minimum, to understand, provide information and referrals, and address issues pertaining to youth who are parents, expectant parents, or victims of domestic or sexual violence.
  3. Training that, at a minimum, provides District staff with a basic knowledge of matters relating to acquired immunodeficiency syndrome (AIDS) and the availability of appropriate sources of counseling and referral.
  4. Training for school personnel who work with students in grades 7 through 12 to identify the warning signs of mental illness and suicidal behavior in adolescents and teens along with appropriate intervention and referral techniques.
  5. Abused and Neglected Child Reporting Act (ANCRA), School Code, and Erin’s Law Training as follows:
  6. Staff development for local school site personnel who work with students in grades kindergarten through 8, in the detection, reporting and prevention of child abuse and neglect (see policy 5:90, Abused and Neglected Child Reporting).
  7. Within one year of employment, each staff member must complete mandated reporter training from a provider or agency with expertise in recognizing and reporting child abuse. Mandated reporter training must be completed again at least every 5 years (see policy 5:90, Abused and Neglected Child Reporting).
  8. Informing educators about the recommendation in the Erin’s Law Taskforce Report requesting them to attend continuing professional development programs that address the prevention and identification of child sexual abuse (see policy 5:90, Abused and Neglected Child Reporting).
  9. Education for staff instructing students in grades 7 through 12, concerning teen dating violence as recommended by the District’s Nondiscrimination Coordinator, Building Principal, Assistant Building Principal, Dean of Students or Complaint Manager.
  10. Ongoing professional development for teachers, administrators, school resource officers, and staff regarding the adverse consequences of school exclusion and justice-system involvement, effective classroom management strategies, culturally responsive discipline, and developmentally appropriate disciplinary methods that promote positive and healthy school climates.
  11. Annual continuing education and/or training opportunities (professional standards) for school nutrition program directors, managers, and staff. Each school food authority’s director shall document compliance with this requirement by the end of each school year and maintain documentation for a three year period.
  12. All high school coaching personnel, including the head and assistant coaches, and athletic directors must obtain online concussion certification by completing online concussion awareness training in accordance with 105 ILCS 25/1.15. Coaching personnel and athletic directors hired before 8-18-2014 must be certified by 8-19-2015; if hired on or after 8-19-2014, they must be certified before their position’s start date.
  13. The following individuals must complete concussion training as specified in the Youth Sports Concussion Safety Act: coaches and assistant coaches (whether volunteer or employee) of an interscholastic athletic activity; nurses serving on the Concussion Oversight Team; athletic trainers; game officials of an interscholastic athletic activity; and physicians serving on the Concussion Oversight Team. Individuals covered by this training mandate must initially complete the training by 9-1-2016.
The Superintendent shall develop protocols for administering youth suicide awareness and prevention education to staff consistent with Board policy 7:290, Suicide and Depression Awareness and Prevention. Also, please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. Board Credit – Certified Staff The Board of Education of Urbana School District #116 recognizes that teachers and administrators play a key role as leaders and facilitators of the learning process within the schools and district. Therefore, the Board of Education encourages the professional growth of certified staff members by allowing advancement on the salary schedule. In supporting staff development, the Board allows for Board credit courses which facilitate quality instruction in the classroom in order to enhance student achievement. The Board also allows opportunity for staff to serve as instructors in such courses. The Board encourages programs and in-service which support the achievement of the district's strategic plan and are in alignment with the district's beliefs, mission, strategic policies, objectives, strategies, and action plans. The Urbana district staff development activities are based on five major areas of emphasis identified by means of a district staff development needs assessment:
  1. Research-Based Instruction - the identification and application of research practices to improve classroom instruction and professional competence at all levels, in all areas of responsibility.
  2. Meeting the Needs of Students - identifying and implementing programs to meet varied educational needs.
  3. Addressing Curriculum Content Areas - identifying and implementing the best delivery system practices in content areas (e.g., programs to improve instruction in subject areas, or specific instructional practice such as teaming, or professional practice related to support and service areas).
  4. Applying Technology - applying the most useful technology to enhance student learning and employee effectiveness (e.g., email, internet, student data management software, and other teaching tools and technology).
  5. Addressing Employee Professional Growth - identifying programs and activities which meet specific problems/interests identified by staff as areas which will enhance employee performance.
Board Credit Board Credit earned by participation in courses established and/or approved by the Superintendent or designee can be used for horizontal movement on the salary schedule. Board Credit will be recognized on the certified teacher salary schedule. Teachers who have earned a Bachelor’s Degree may accumulate up to 15 approved academic and Board Credits for horizontal advancement on the salary schedule. Once a Master's degree is completed, teachers may use combinations of approved Academic Credit, and/or Board Credit, to apply towards horizontal movement on the salary schedule. All credit determinations will comply with the existing Professional Negotiated Agreement. The Board of Education directs the Superintendent of Schools or his designee to develop administrative guidelines to implement this policy. LEGAL REF.:        105 ILCS 5/2-3.62, 5/10-22.6(c-5), 5/10-22.39, 5/22-80(h), 5/10-23.12, 5/24-5, 25/1.15 and 110/3. 325 ILCS 5/4, Abused and Neglected Child Reporting Act. 745 ILCS 49/, Good Samaritan Act. 7 C.F.R. Part 210. 23 Ill.Admin.Code Part 525. CROSS REF.:          3:40 (Superintendent), 3:50 (Administrative Personnel Other Than the Superintendent), 4:160 (Environmental Quality of Buildings and Grounds), 5:20 (Workplace Harassment Prohibited), 5:90 (Abused and Neglected Child Reporting), 5:120 (Ethics and Conduct), 5:250 (Leaves of Absence), 6:15 (School Accountability), 6:20 (School Year Calendar and Day), 6:160 (English Learners), 7:20 (Harassment of Students Prohibited), 7:180 (Prevention of and Response to Bullying, Intimidation, and Harassment), 7:185 (Teen Dating Violence Prohibited), 7:285 (Food Allergy Management Program), 7:290 (Suicide and Depression Awareness and Prevention), 7:305 (Student Athlete Concussions and Head Injuries) ADPOPTED:         January 19, 2016

5:110 Recognition for Service

The Board of Education will periodically recognize those District employees who contribute significantly to the educational programs and welfare of the students. ADOPTED: January 19, 2010 Rev. 02/10

5:120 Ethics and Conduct

All District employees are expected to maintain high standards in their school relationships, to demonstrate integrity and honesty, to be considerate and cooperative, and to maintain professional and appropriate relationships with students, parents, staff members, and others. Any employee who sexually harasses a student or otherwise violates an employee conduct standard will be subject to discipline up to and including dismissal. The following employees must file a “Statement of Economic Interests” as required by the Illinois Governmental Ethics Act:
  1. Superintendent;
  2. Building Principal;
  3. Head of any department;
  4. Any employee who, as the District’s agent, is responsible for negotiating one or more contracts, including collective bargaining agreement(s), in the amount of $1,000 or greater;
  5. Hearing officer;
  6. Any employee having supervisory authority for 20 or more employees; and
  7. Any employee in a position that requires an administrative or a chief school business official endorsement.

Ethics and Gift Ban

School Board policy 2:105, Ethics and Gift Ban, applies to all District employees.  Students shall not be used in any manner for promoting a political candidate or issue.

Prohibited Interests, Limitation of Authority, and Outside Employment

In accordance with Section 22-5 of the School Code, “no school officer or teacher shall be interested in the sale, proceeds, or profits of any book, apparatus, or furniture used or to be used in any school with which such officer or teacher may be connected,” except when the employee is the author or developer of instructional materials listed with the Illinois State Board of Education and adopted for use by the Board. An employee having an interest in instructional materials must file an annual statement with the Board Secretary. For the purpose of acquiring profit or personal gain, no employee shall act as an agent of the District nor shall an employee act as an agent of any business in any transaction with the District. Employees shall not engage in any other employment or in any private business during regular working hours or at such other times as are necessary to fulfill appropriate assigned duties. LEGAL REF.:        U.S. Constitution, First Amendment. 5 ILCS 420/4A-101 and 430/. 50 ILCS 135/. 105 ILCS 5/10-22.39 and 5/22-5. 775 ILCS 5/5A-102. 23 Ill.Admin.Code Part 22, Code of Ethics for Illinois Educators. Pickering v. Board of Township H.S. Dist. 205, 391 U.S. 563 (1968). Garcetti v. Ceballos, 547 U.S. 410 (2006). CROSS REF.:          2:105 (Ethics and Gift Ban); 5:100 (Staff Development Program) ADOPTED:           October 20, 2015

5:125 Personal Technology and Social Media; Usage and Conduct

Definitions

Includes - Means “includes without limitation” or “includes, but is not limited to.” Social media - Media for social interaction, using highly accessible communication techniques through the use of web-based and mobile technologies to turn communication into interactive dialogue. This includes Facebook, LinkedIn, MySpace, Twitter, and YouTube. Personal technology - Any device that is not owned or leased by the District or otherwise authorized for District use and: (1) transmits sounds, images, text, messages, videos, or electronic information, (2) electronically records, plays, or stores information, or (3) accesses the Internet, or private communication or information networks. This includes laptop computers (e.g., laptops, ultrabooks, and chromebooks), tablets (e.g., iPads®, Kindle®, Microsoft Surface®, and other Android® platform or Windows® devices), smartphones (e.g., iPhone®, BlackBerry®, Android® platform phones, and Windows Phone®), and other devices (e.g., iPod®). Usage and Conduct All District employees who use personal technology and social media shall:
  1. Adhere to the high standards for appropriate school relationships required by policy 5:120, Ethics and Conduct at all times, regardless of the ever-changing social media and personal technology platforms available. This includes District employees posting images or private information about themselves or others in a manner readily accessible to students and other employees that is inappropriate as defined by policy 5:20, Workplace Harassment Prohibited; 5:120, Ethics and Conduct; 6:235, Access to Electronic Networks; 7:20, Harassment of Students Prohibited; and the Ill. Code of Educator Ethics, 23 Ill.Admin.Code §22.20.
  2. Choose a District-provided or supported method whenever possible to communicate with students and their parents/guardians.
  3. Not interfere with or disrupt the educational or working environment, or the delivery of education or educational support services.
  4. Comply with policy 5:130, Responsibilities Concerning Internal Information. This means that personal technology and social media may not be used to share, publish, or transmit information about or images of students without proper approval.
  5. Refrain from using the District’s logos without permission and follow Board policy 5:170, Copyright, and all District copyright compliance procedures.
  6. Use personal technology and social media for personal purposes only during non-work times or hours. Any duty-free use must occur during times and places that the use will not interfere with job duties or otherwise be disruptive to the school environment or its operation.
  7. Assume all risks associated with the use of personal technology and social media at school or school-sponsored activities, including students’ viewing of inappropriate Internet materials through the District employee’s personal technology or social media. The Board expressly disclaims any responsibility for imposing content filters, blocking lists, or monitoring of its employees’ personal technology and social media.
  8. Be subject to consequences for violations of this policy including, but not limited to, prohibition of the employee from possessing or using any personal technology or social media while on District property, discipline up to and including discharge, referral to law enforcement authorities and/or other legal action as deemed appropriate.
The Superintendent or designee shall:
  1. Inform District employees about this policy during the in-service on educator ethics, teacher-student conduct, and school employee-student conduct required by Board policy 5:120, Ethics and Conduct.
  2. Direct Building Principals to annually:
  3. Provide their building staff with a copy of this policy.
  4. Inform their building staff about the importance of maintaining high standards in their school relationships.
  5. Remind their building staff that those who violate this policy will be subject to remedial and any other appropriate disciplinary action up to and including dismissal.
  1. Ensure that no one for the District, or on its behalf, requests of an employee or applicant access in any manner to his or her social networking website or requests passwords to such sites.
  1. Periodically review this policy and any procedures with District employee representatives and electronic network system administrator(s) and present proposed changes to the Board.
LEGAL REF.:        105 ILCS 5/ 21B-75 and 5/ 21B-80. Ill. Human Rights Act, 775 ILCS 5/5A-102. Code of Ethics for Ill. Educators, 23 Ill.Admin.Code §22.20. Garcetti v. Ceballos, 547 U.S. 410 (2006). Pickering v. High School Dist. 205, 391 U.S. 563 (1968). Mayer v. Monroe County Community School Corp., 474 F.3d 477 (7th Cir. 2007). CROSS REF.:          5:20 (Workplace Harassment Prohibited), 5:30 (Hiring Process and Criteria), 5:120 (Ethics and Conduct), 5:130 (Responsibilities Concerning Internal Information), 5:150 (Personnel Records), 5:170 (Copyright), 5:200 (Terms and Conditions of Employment and Dismissal), 6:235 (Access to Electronic Networks), 7:20 (Harassment of Students Prohibited), 7:340 (Student Records) ADOPTED:           January 20, 2015

5:130 Responsibilities Concerning Internal Information

District employees are responsible for maintaining:  (1) the integrity and security of all internal information, and (2) the privacy of confidential records, including but not limited to: student school records, personnel records, and the minutes of, and material disclosed in, a closed School Board meeting.  Internal information is any information, oral or recorded in electronic or paper format, maintained by the District or used by the District or its employees.  The Superintendent or designee shall manage procedures for safeguarding the integrity, security, and, as appropriate, confidentiality of internal information. LEGAL REF.:        Family Educational and Privacy Rights Act, 20 U.S.C. §1232g. Uses and Disclosures of Protected Health Information; General Rules, 45 C.F.R. §164.502. Ill. Freedom of Information Act, 5 ILCS 140/. Local Records Act, 50 ILCS 205/. 105 ILCS 10/. Personnel Record Review Act, 820 ILCS 40/. CROSS REF.:         2:140 (Communications To and From the Board), 2:250 (Access to District Public Records), 5:150 (Personnel Records), 7:340 (Student Records) ADOPTED:            June 27, 2012

5:140 Solicitations By or From Staff

District employees shall not solicit donations or sales, nor shall they be solicited for donations or sales, on school grounds without prior approval from the Superintendent or designee. CROSS REF.: 8:90 (Parent Organizations and Booster Clubs) ADOPTED: January 19, 2010 Rev. 02/10

5:150 Personnel Records

Please refer to the following current agreements: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Agreement between Urbana Education (Support) Association, IEA-NEA and Urbana School District #116 Board of Education. The Superintendent or designee shall manage a process for responding to inquiries by a prospective employer concerning a current or former employee’s job performance. The Superintendent shall execute the requirements in the Abused and Neglected Child Reporting Act whenever another school district asks for a reference concerning an applicant who is or was a District employee and was the subject of a report made by a District employee to DCFS. When information about an employee is requested by an entity other than a prospective employer, the District will only confirm position and employment dates unless the employee has submitted a written request to the Superintendent or designee. For employees not covered by these agreements: The Superintendent or designee shall manage the maintenance of personnel records in accordance with State and federal law and Board of Education policy. Records, as determined by the Superintendent, are retained for all employment applicants, employees, and former employees given the need for the District to document employment-related decisions, evaluate program and staff effectiveness, and comply with government recordkeeping and reporting requirements. Personnel records shall be maintained in the District’s administrative office, under the direct supervision of the Director of Human Resources or designee. An employee will be given access to his or her personnel records according to State law and guidelines developed by the Superintendent or designee. No one else may have access to an employee’s personnel files and personal information except for: (1) a supervisor or management employee who has an employment or business-related reason to inspect the record, or (2) anyone who has the employee’s written consent. LEGAL REF.: 745 ILCS 46/10. 820 ILCS 40/1 et seq. 23 Ill.Admin.Code §1.660. CROSS REF.: 2:250 (Access to District’s Public Records), 7:340 (Student Records) ADOPTED: January 19, 2010 Rev. 02/10

5:170 Copyright

Works Made for Hire The Superintendent shall manage the development of instructional materials and computer programs by employees during the scope of their employment in accordance with State and federal laws and Board of Education policies. Whenever an employee is assigned to develop instructional materials and/or computer programs, or otherwise performs such work within the scope of his or her employment, it is assured the District shall be the owner of the copyright. Copyright Compliance While staff members may use appropriate supplementary materials, it is each staff member’s responsibility to abide by the District’s copyright compliance procedures and to obey the copyright laws. The District is not responsible for any violations of the copyright laws by its staff or students. A staff member should contact the Superintendent or designee whenever the staff member is uncertain about whether using or copying material complies with the District’s procedures or is permissible under the law, or wants assistance on when and how to obtain proper authorization. No staff member shall, without first obtaining the permission of the Superintendent or designee, install or download any program on a District-owned computer. At no time shall it be necessary for a District staff member to violate copyright laws in order to properly perform his or her duties. Copyright Infringement; Designation of District Digital Millennium Copyright Act (DMCA) Agent The employee listed below receives complaints about copyright infringement within the use of the District’s online services. The Superintendent or designee will register this information with the federal Copyright Office as required by federal law. District DMCA Agent:
Dr. Jennifer Ivory-Tatum Name
205 North Race Street Address
jivory-tatum@usd116.org Email
217-384-3651 Telephone
LEGAL REF.:        Federal Copyright Law of 1976, 17 U.S.C. §101 et seq. 105 ILCS 5/10-23.10. CROSS REF.:          6:235 (Access to Electronic Networks) ADOPTED:           November 17, 2015

5:180 Temporary Illness or Temporary Incapacity

A temporary illness or temporary incapacity is an illness or other capacity of ill-being that renders an employee physically or mentally unable to perform assigned duties. During such a period, the employee can use accumulated sick leave benefits. However, income received from other sources (worker’s compensation, District-paid insurance programs, etc.) will be deducted from the District’s compensation liability to the employee. The Board of Education’s intent is that in no case will the employee, who is temporarily disabled, receive more than 100 percent of their gross salary. Those insurance plans privately purchased by the employee and to which the District does not contribute, are not applicable to this policy. If illness, incapacity, or any other condition causes an employee to be absent in one school year, after exhaustion of all available leave, for more than 90 consecutive work days, such absence may be considered a permanent disability and the Board may consider beginning dismissal proceedings subject to State and federal law, including the Americans with Disabilities Act. The Superintendent may recommend this paragraph’s use when circumstances strongly suggest that the employee returned to work intermittently in order to avoid this paragraph’s application. This paragraph shall not be considered a limitation on the Board’s authority to take any action concerning an employee that is authorized by State and federal law. Any employee may be required to have an examination, at the District’s expense, by a physician who is licensed in Illinois to practice medicine and surgery in all its branches, an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, or a physician assistant who has been delegated the authority by his or her supervisor to perform health examinations if the examination is job-related and consistent with business necessity. LEGAL REF.:        Americans with Disabilities Act, 42 U.S.C. §12102. 105 ILCS 5/10-22.4, 5/24-12, and 5/24-13. Elder v. School Dist. No.127 1/2, 208 N.E.2d 423 (Ill.App.1, 1965). School District No. 151 v. ISBE, 507 N.E.2d 134 (Ill.App.1, 1987). CROSS REF.:          5:30 (Hiring Process and Criteria), 5:185 (Family and Medical Leave), 5:250 (Leaves of Absence), 5:330 (Sick Days, Vacation, Holidays, and Leaves) ADOPTED:           October 20, 2015

5:185 Family and Medical Leave

Please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Leave Description An eligible employee may use unpaid family and medical leave (FMLA leave), guaranteed by the federal Family and Medical Leave Act. The U.S. Department of Labor’s rules (federal rules) implementing FMLA, as they may be amended from time to time, control FMLA leave. An eligible employee may take FMLA leave for up to a combined total of 12 weeks each 12-month period on a rolling year basis measured backward from the date an employee uses FMLA leave. During a single 12-month period, an eligible employee’s FMLA leave entitlement may be extended to a total of 26 weeks of unpaid leave to care for a covered servicemember (defined in the federal rules) with a serious injury or illness. The “single 12-month period” is measured forward from the date the employee’s first FMLA leave to care for the covered servicemember begins. While FMLA leave is normally unpaid, the District will substitute an employee’s accrued compensatory time-off and/or paid leave for unpaid FMLA leave, unless stated otherwise in a collectively bargained labor agreement. All policies and rules regarding the use of paid leave apply when paid leave is substituted for unpaid FMLA leave. Any substitution of paid leave for unpaid FMLA leave will count against the employee’s FMLA leave entitlement. Use of FMLA leave shall not preclude the use of other applicable unpaid leave that will extend the employee’s leave beyond 12 weeks, provided that the use of FMLA leave shall not serve to extend such other unpaid leave. Any full workweek period during which the employee would not have been required to work, including summer break, winter break and spring break, is not counted against the employee’s FMLA leave entitlement. FMLA leave is available in one or more of the following instances:
  1. The birth and first-year care of a son or daughter.
  2. The adoption or foster placement of a son or daughter, including absences from work that are necessary for the adoption or foster care to proceed and expiring at the end of the 12-month period beginning on the placement date.
  3. The serious health condition of an employee’s spouse, child, or parent.
  4. The employee’s own serious health condition that makes the employee unable to perform the functions of his or her job.
  5. The existence of a qualifying exigency arising out of the fact that the employee’s spouse, child, or parent is a military member on covered active duty or has been notified of an impending call or order to active duty, as provided in federal rules.
  6. To care for the employee’s spouse, child, parent, or next of kin who is a covered servicemember with a serious injury or illness, as provided by federal rules.
If spouses are employed by the District, they may together take only 12-weeks for FMLA leaves when the reason for the leave is 1 or 2, above, or to care for a parent with a serious health condition, or a combined total of 26 weeks for item 6 above. An employee may be permitted to work on an intermittent or reduced-leave schedule in accordance with federal rules. Eligibility To be eligible for FMLA leave, both of the following provisions must describe the employee:
  1. The employee is employed at a worksite where at least 50 employees are employed within 75 miles; and
  2. The employee has been employed by the District for at least 12 months and has been employed for at least 1,250 hours of service during the 12-month period immediately before the beginning of the leave. The 12 months an employee must have been employed by the District need not be consecutive. However, the District will not consider any period of previous employment that occurred more than 7 years before the date of the most recent hiring, except when the service break is due to National Guard or Reserve military service or when a written agreement exists concerning the District’s intention to rehire the employee.
Requesting Leave  If the need for the FMLA leave is foreseeable, an employee must provide the Superintendent or designee with at least 30 days’ advance notice before the leave is to begin. If 30 days’ advance notice is not practicable, the notice must be given as soon as practicable. The employee shall make a reasonable effort to schedule a planned medical treatment so as not to disrupt the District’s operations, subject to the approval of the health care provider administering the treatment. The employee shall provide at least verbal notice sufficient to make the Superintendent or designee aware that he or she needs FMLA leave, and the anticipated timing and duration of the leave. Failure to give the required notice for a foreseeable leave may result in a delay in granting the requested leave until at least 30 days after the date the employee provides notice. Certification Within 15 calendar days after the Superintendent or designee makes a request for certification for a FMLA leave, an employee must provide one of the following:
  1. When the leave is to care for the employee’s covered family member with a serious health condition, the employee must provide a complete and sufficient certificate signed by the family member’s health care provider.
  2. When the leave is due to the employee’s own serious health condition, the employee must provide a complete and sufficient certificate signed by the employee’s health care provider.
  3. When the leave is to care for a covered servicemember with a serious illness or injury, the employee must provide a complete and sufficient certificate signed by an authorized health care provider for the covered servicemember.
  4. When the leave is because of a qualified exigency, the employee must provide: (a) a copy of the covered military member’s active duty orders or other documentation issued by the military indicating that the military member is on active duty or call to active duty status, and the dates of the covered military member’s active duty service, and (b) a statement or description, signed by the employee, of appropriate facts regarding the qualifying exigency for which FMLA leave is requested.
The District may require an employee to obtain a second and third opinion at its expense when it has reason to doubt the validity of a medical certification. The District may require recertification at reasonable intervals, but not more often than once every 30 days. Regardless of the length of time since the last request, the District may request recertification when the, (1) employee requests a leave extension, (2) circumstances described by the original certification change significantly, or (3) District receives information that casts doubt upon the continuing validity of the original certification. Recertification is at the employee’s expense and must be provided to the District within 15 calendar days after the request. The District may request recertification every 6 months in connection with any absence by an employee needing an intermittent or reduced schedule leave for conditions with a duration in excess of 6 months. Failure to furnish a complete and sufficient certification on forms provided by the District may result in a denial of the leave request. Continuation of Health Benefits During FMLA leave, employees are entitled to continuation of health benefits that would have been provided if they were working. Any share of health plan premiums being paid by the employee before taking the leave, must continue to be paid by the employee during the FMLA leave. A District’s obligation to maintain health insurance coverage ceases if an employee’s premium payment is more than 30 days late and the District notifies the employee at least 15 days before coverage will cease. Changed Circumstances and Intent to Return An employee must provide the Superintendent or designee reasonable notice of changed circumstances (i.e., within 2 business days if the changed circumstances are foreseeable) that will alter the duration of the FMLA leave. The Superintendent or designee, taking into consideration all of the relevant facts and circumstances related to an individual’s leave situation, may ask an employee who has been on FMLA leave for 8 consecutive weeks whether he or she intends to return to work. Return to Work If returning from FMLA leave occasioned by the employee’s own serious health condition, the employee is required to obtain and present certification from the employee’s health care provider, at his or her own expense, that he or she is able to resume work and perform the essential functions of his or her position of employment. An employee returning from FMLA leave will be given an equivalent position to his or her position before the leave, subject to: (1) permissible limitations the District may impose as provided in the FMLA or implementing regulations, and (2) the District’s reassignment policies and practices. Classroom teachers may be required to wait to return to work until the next semester in certain situations as provided by the FMLA regulations. Implementation The Superintendent or designee shall ensure that: (1) all required notices and responses to leave requests are provided to employees in accordance with the FMLA; and (2) this policy is implemented in accordance with the FMLA. In the event of a conflict between the policy and the FMLA or its regulations, the latter shall control. The terms used in this policy shall be defined as in the FMLA regulations. LEGAL REF.:        Family and Medical Leave Act, 29 U.S.C. §2601 et seq., 29 C.F.R. Part 825. CROSS REF.:          5:180 (Temporary Illness or Temporary Incapacity), 5:250 (Leaves of Absence), 5:310 (Compensatory Time-Off), 5:330 (Sick Days, Vacation, Holidays, and Leaves) ADOPTED:           May 5, 2015

5:190 Teacher Qualifications

A teacher, as the term is used in this policy, refers to a District employee who is required to be licensed under State law. The following qualifications apply:
  1. Each teacher must:
  2. Have a valid Illinois Professional Educator License issued by the State Superintendent of Education with the required endorsements as provided in the School Code.
  3. Provide the District Office with a complete official transcript of credits earned in institutions of higher education.
  4. On or before September 1 of each year, unless otherwise provided in an applicable collective bargaining agreement, provide the District Office with an official transcript of any credits earned since the date the last transcript was filed.
  5. Notify the Superintendent of any change in the teacher’s transcript.
  6. All teachers with primary responsibility for instructing students in the core academic subject areas (science, the arts, reading or language arts, English, history, civics and government, economics, geography, foreign language, and mathematics) must be highly qualified for those assignments as determined by State and federal law.
The Superintendent or designee shall:
  1. Monitor compliance with State and federal law requirements that teachers be appropriately licensed and highly qualified for their assignments;
  2. Through incentives for voluntary transfers, professional development, recruiting programs, or other effective strategies, ensure that minority students and students from low-income families are not taught at higher rates than other students by unqualified, out-of-field, or inexperienced teachers; and
  3. Ensure parents/guardians of students in schools receiving Title I funds are notified: (a) of their right to request their students’ classroom teachers’ professional qualifications, and (b) whenever their child is assigned to, or has been taught for 4 or more consecutive weeks by, a teacher who is not highly qualified.
LEGAL REF.:        20 U.S.C. §6319. 34 C.F.R §200.55, 56, 57, and 61. 105 ILCS 5/10-20.15, 5/21-11.4, 5/21B-20, and 5/24-23. 23 Ill.Admin.Code §1.610 et seq., §1.705 et seq., and Part 25. CROSS REF.:          6:170 (Title I Programs) ADOPTED:           January 20, 2015
  • 5:192 Guidelines for Acceptable Use of District Computer Network by Employees

    Purpose To provide guidelines intended to assist Urbana School District 116 (USD 116) staff in following established policies, practices, and procedures to use technology in a responsible and productive manner. Policy The Urbana School District 116 Wide Area Network (WAN) has been created to link school buildings, administrative sites, and support facilities together for the purpose of accessing, creating, analyzing, applying, and sharing information in accordance with the objectives and strategies set forth by the Urbana School District 116 Strategic Plan. The Urbana School District 116 Local Area Network (LAN) has been created to interconnect computers, servers, printers/copiers, and other devices at the building level to collaborate, create, and share information. Employees are required to use the school system technology within the scope of their employment. Students and employees are expected to follow the accepted and established guidelines for technology usage. (Board Policy 5:192) Urbana School District 116 views technology (including computers, mobile devices, scanners, digital cameras, video projectors, video cameras, and the Internet) as instructional tools for teaching and learning. Employees, Authorized Contractors, Mentors, and Volunteers of Urbana School District 116 are expected to use technology resources for educational, administrative and business purposes only. Any user of the Urbana School District 116 Network, Internet, and technologies should always reflect academic honesty, high ethical standards, and moral responsibility. Acceptable Use All users of Urbana School District 116 Network ("Network") must comply with the District’s Acceptable Use Policy Guidelines, as may be amended from time to time. The Network shall include all computer hardware and software owned or operated by the District, the District electronic mail (Email), the District’s website, the District on-line services, Intranet and direct or wireless connection to the Network. “Use” of the Network shall include obtaining access from any computer, wired or wireless connection, personal or district laptop, personal or district mobile device; this includes external users (Contractors, guest, etc.). Employees should have no expectation of privacy in their use of the Network. The District has the right to access, review, copy, or disclose any information sent, received or stored on the District’s electronic mail system. The District has the right to and does monitor the use of the Network by employees, including but not limited to employees’ access to the Internet and internal/ external e-mails, as part of Network maintenance to determine whether the use is consistent with Federal and State laws and District policies and guidelines. Employees using the Network, as defined above, have no expectations of privacy on any computer/device on the network and the District has the right to inspect, access, review, copy, or disclose any information sent, received, or stored via use of the Network. Employees should be aware that their personal computer files or Network use may be subject to public disclosure under the Illinois Freedom of Information Act. Access to the Network is provided to employees for work-related purposes. Incidental personal use must be minimized and personal use may be terminated if the District, in its sole discretion, determines that the use is excessive. Privileges Access to the Network is provided as a privilege by the District and may be revoked at any time. Inappropriate use may result in discipline according to the Collective Bargaining Agreement between Urbana Education Association (Certified), IEA-NEA and Urbana School District #116 Board of Education, which can include the loss of technology use and privileges on the network. The Network, including all information and documentation contained therein, is the property of the District, except as otherwise provided by law. Prohibited Use The following non-exhaustive list identifies prohibited use of the Network. The prohibited uses include, but are not limited to, the following:
    1. Engage in activities which are inconsistent with the District’s educational mission and Strategic Plan or which interferes with an employee’s ability to perform her/his work responsibilities.
    2. Access, retrieve or view indecent, obscene or profane materials. “Indecent materials” are those materials which, in context, depict or describe sexual activities or organs in terms patently offensive, as measured by contemporary community standards. “Obscene materials” are those materials which, taken as a whole, appeal to the prurient interest in sex, which portray sexual conduct in a patently offensive way in which, taken as a whole, do not have any serious literary, artistic, political or scientific value.
    3. Access, retrieve, view or disseminate any material in violation of any Federal or State laws or regulation or District policy or rules. This includes, but is not limited to: improper use of copyrighted material; improper use of the Network to commit fraud; improper use of passwords or access codes; or disclosing the full name, home address, or phone number of any student, District employee or user.
    4. Transfer of any software to or from the Network without authorization from the Director of Instructional Technology, Assistant Superintendent of Curriculum and Instruction or Superintendent or designee.
    5. Engage in any for-profit or non-school sponsored commercial activities, including advertising or sales without proper authorization.
    6. Online harassment, threats, or intimidation of an individual or group of individuals because of sex, color, race, religion, disability, national origin or sexual orientation.
    7. Disrupt the Network or interfere with the educational process, including use that is reasonably foreseeable to result in a disruption, or interfere with the rights of others at any time, either during school days or after school hours.
    8. Unauthorized establishment of wireless access points including peer-to-peer wireless access without prior authorization by the Director of Instructional Technology or designee.
    9. Gain unauthorized access to the Network to vandalize the data or files of a student or staff user or the computer/mobile device of any other individual or staff user.
    10. Forge or improperly alter electronic mail messages, use an account owned by another user without authorization, or disclose the user’s individual password or that of another user.
    11. Invade the privacy of any individual, including violating Federal or State laws regarding limitations on the disclosure of student records.
    12. Download, copy, print, or otherwise store or possess any data that violates Federal or State copyright laws or these Guidelines.
    13. Send nuisance electronic mail, text messages such as chain letters, pyramid schemes, or obscene, harassing or other unwelcome messages via the Network.
    14. Send District-wide mass electronic mail to users without prior authorization by the Director of Instructional Technology, Assistant Superintendents, or Superintendent or designee.
    15. Conceal or misrepresent the user’s identity while using the Network.
    16. Post material on the District’s website without authorization of the Communication Specialist, Director of Instructional Technology, Assistant Superintendents, or Superintendent or designee.
    17. Accessing social networks (Facebook, Vine, MySpace, Twitter, etc.), “chat lines” or entering “chat rooms” outside the scope of an employee’s job responsibilities or not part of a class activity or District Professional Development activity via the District’s network. Teachers wanting to access Social Media sites must complete a Web Bypass form.
    18. Users causing undue congestion of the network through lengthy downloads of files, or by engaging in idle activities; e.g., playing non-educational games, or games that are not part of a class activity: or, employees involved in actions other than their job responsibilities. District Websites Acceptable use of Urbana School District 116 Websites and all related resources requires web managers to:
      1. Use the website to improve communications and services of the USD #116 schools or departments with students, parents and families, staff, the community-at-large, and the District, both nationally and globally.
      2. Protect private information of students and staff such as addresses, phone numbers, passwords, and other personal information as applicable by all local, state, and federal laws.
      3. Use appropriate language, graphics, and photos.
      4. Respect all applicable copyright laws.
      5. Understand that use of the website for commercial purposes or illegal activities is strictly prohibited, except when commercial purposes are specifically allowed by the USD #116 Board of Education.
      6. In the use of photography on the public webpage, when identifying a specific person by first and last name, written permission by way of the standard Urbana School District 116 Publicity and Photo Release Form should be on file. The images of students should always follow the guidelines set forth within the Publicity and Photo Release Form.
      Any web site or social media site created by a USD #116 employee for professional use must be job related and part of a District sponsored activity. All content of a web site or social media site created by the employee, including links to other sites not controlled by the employee, must conform to the Acceptable Use Policy Guideline and be mindful of all applicable Federal and State guidelines. Employees may not place any personal or editorial material on any District owned web site or social media site or any site created and maintained by an employee for professional use. Links to a site created by an employee for professional use can be published on any District owned web site, with the approval of the web site content owner, e.g. a building Principal can approve a teacher’s classroom web site link to be added to their building’s web site staff list. This also includes district owned and sponsored social media sites. Disclaimer The District makes no warranties of any kind whether expressed or implied for the Network. The District is not responsible for any direct or indirect damages incurred, including the loss of personal information or data resulting from delays, non-deliveries, or service interruptions. Use of any information obtained via the Network is at the user’s own risk. The District is not responsible for the accuracy or quality of information obtained through the Network and only facilitates the accessing and dissemination of information through its systems. The District is not responsible for any user’s intentional access of material on the Internet that may be obscene, indecent, or of an inappropriate nature. Security and User Reporting Duties Security on the Network is a high priority and must be a priority for all users. Users are prohibited from sharing their District login, Google Education IDs or passwords with any other individual. Any attempt to log in as another user will result in consequences as set forth in Section H of these Guidelines. A user who becomes aware of any security risk or misuse of the Network should immediately notify their building’s Principal, Assistant Principal, Dean, Technology Cadre member, or a member of the Technology Department via telephone or email. Vandalism Vandalism or attempted vandalism to the Network or equipment used to support the infrastructure of the Network is prohibited and will result in consequences as set forth in Section H of these Guidelines. Vandalism includes, but is not limited to, the downloading, uploading, unauthorized access to any district computer, creating and disseminating computer viruses, or physical damage to District owned student and staff computers, mobile devices, servers, routers, switches, access points, wiring closets or other infrastructure equipment. Consequences for Violations Any user of the Network that violates this policy shall be subject to discipline according to the Collective Bargaining Agreement between Urbana Education Association (Certified), IEA-NEA and Urbana School District #116 Board of Education and which may also include: (1) suspension or revocation of Network privileges, and/or (2) referral to law enforcement authorities or other legal action in appropriate cases. Web Bypass A Web Bypass is used by district personnel to access sites that are normally blocked. Teachers requiring access to sites that are blocked need to complete a Web Bypass form. This form must indicate the purpose of access and must have and list a direct correlation to the Common Core State Standards, Illinois Learning Standards, or National Educational Technology Standards. All forms submitted by the teacher will need to have a signature from the building Technology Cadre member, Administrator or Dean, and submitted to the Director of Instructional Technology for approval. Grants The school district must inventory all technology equipment purchased with grant funds regardless of the type of grant. In addition, all equipment must be engraved with a district inventory number indicating grant name, year of purchase, and school name. The grant recipient(s) should take responsibility for the management of the equipment and for monitoring its effective use within the school or classroom. Grant equipment should normally be kept in the school. The teacher may, with a completed Employee Equipment Agreement form on file, use the equipment at home for professional purposes. Transferring of technology equipment between schools will need approval by the building Principals and Director of Instructional Technology. After the grant has expired the equipment will remain the property of the District. Email Urbana School District 116 has transitioned to Google Apps for Education (GAFE) and all email users must comply with the rules set forth by the District and Google’s email policies. Google domain users are encouraged to change their passwords at least twice a year. The password must have a minimum of 8 characters, and should contain at least one lowercase letter, one capital letter, one number, and one special character. ADOPTED:           November 18, 2014
     

5:200 Terms and Conditions of Employment and Dismissal

The Board of Education delegates authority and responsibility to the Superintendent to manage the terms and conditions for the employment of professional personnel. The Superintendent shall act reasonably and comply with State and federal law as well as any applicable collective bargaining agreement in effect. The Superintendent is responsible for making dismissal recommendations to the Board consistent with the Board’s goal of having a highly qualified, high performing staff. Duty-Free Lunch, School Year and Day, Salary, Assignments and Transfers, Dismissal, Supportive Supervision Plan of Evaluation Please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Evaluation: School psychologists, Social Workers, Adult Education Area Center and/or Storefront School, and Traveling Teachers Please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Voluntary Requests to Teach on a Part-Time Basis On a temporary basis, and only in limited circumstances dependent upon individual need, a tenured full-time teacher may, upon approval by the Superintendent or designee, elect to convert his or her assignment to a half-time (.5 fte.) position. Such election can last for no more than two school years, at which time the teacher must return to full-time status or relinquish his or her full-time position. This temporary arrangement is subject to the following conditions:
  • There must be two half-time teachers available and qualified to teach the full-time assignment.
  • Half-time teachers will receive benefits and advancement on the salary schedule according to the current contractual agreement.
  • Participants agree to part-time teacher status. For tenured teachers, this means they will retain their appropriate Group ranking for purposes of placement on the Sequence of Dismissal List. For non-tenured teachers hired to fill the second half of the assignment, this means they will constitute a Group 1 teacher for purposes of placement on the Sequence of Dismissal List.
  • A tenured teacher will accrue experience credit at the rate of one year for each two years in a half-time position.
All such requests or agreements must be approved by the immediate supervisor and received by the District no later than March 15 annually.  Final approval rests with the Superintendent or designee. Also, please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Nursing Mothers The District accommodates employees who are nursing mothers according to provisions in State and federal law. LEGAL REF.:        105 ILCS 5/10-19, 5/18-8, 5/22.4, 5/24-16.5, 5/24-2, 5/24-8, 5/24-9, 5/24-11, 5/24-12, 5/24-21, 5/24A-1 through 24A-20. 820 ILCS 260/1 et seq. 23 Ill.Admin.Code Parts 50 (Evaluation of Certified Employees) and 51 (Dismissal of Tenured Teachers). Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487(1985). CROSS REF.:          5:290 (Employment Termination and Suspensions), 6:20 (School Year Calendar and Day) ADOPTED:           May 5, 2015

5:201 Retirement

Currently two voluntary early retirement programs exist for certified staff:
  1. District Retirement for Certified Staff - District plan;
  2. State/TRS Retirement or Early Retirement Option (ERO) for Certified Staff – State/TRS plan.
Any eligible employee may choose to receive either the Board of Education District Retirement Plan or to participate in the Teacher’s Retirement System of the State of Illinois Retirement or Early Retirement Plan, (or whatever retirement plan the TRS offers.)  Written notice of the employee’s intent to retire using either option noted above, must be submitted to the Human Resources Office on or before the appropriate deadline. Currently, the ERO requires an employer contribution to the Teachers’ Retirement System for a teacher retiring with less than 35 years of service credit or who is less than 60 years of age.  If the district is not required to contribute to TRS for the employee’s participation in the Early Retirement Option, or any other retirement plan TRS offers, the employee is eligible for the District Retirement plan.  If an employee chooses the TRS Early Retirement Option and the district is required to contribute to TRS on behalf of the employee, he/she is not eligible for the District Retirement Plan.  The District will pay only one benefit. Under the Teachers’ Retirement System guideline, the district may limit the number of employees requesting the Early Retirement Option (ERO) to a percentage of not less than ten percent (10%) of those eligible based on seniority in the service of the district. Early Retirement, as defined in this policy, refers to the time an individual becomes eligible under the Teachers’ Retirement System of the State of Illinois and prior to reaching age 60 by June 30 of the year of retirement. LEGAL REF.: CROSS REF.: ADOPTED:            June 27, 2012 SUPERSEDES:      July 16, 1991; June 15, 1999; October 19, 1999

5:202 Retirement

Voluntary Retirement for Certified Staff - DISTRICT Plan An employee tendering an irrevocable letter of intent to retire in conformance with the following conditions shall be eligible for a retirement incentive in up to each of his or her final three years of teaching service subject to the following conditions: The teacher shall have a minimum of twenty (20) years of continuous full-time teaching service in the Urbana School District by the intended date of retirement. The teacher shall be at least sixty (60) years of age on or before December 31 of the year of retirement or will be at least fifty-five (55) years of age and or will have at least thirty-five (35) years of creditable service upon his or her last day of service to the District and will not retire under the statutory Early Retirement Option causing the District to have to pay a penalty or other monies constituting a surcharge to the Teachers’ Retirement System. The teacher shall have tendered to the Board a binding, irrevocable resignation and application for the award.  The teacher’s notice may be given up to three (3) years prior to retirement or by September 1st of the year up to and including the school year of retirement.  The pre-retirement period may be from one (1) to three (3) years in length depending upon the date the letter of resignation and award application is received by the Board and the specified date of retirement. In exchange for the teacher’s binding, irrevocable letter of intent to retire, the District agrees to remove the teacher from the salary schedule and for each year of eligibility the teacher’s creditable earnings will be increased by six percent (6%) over the teacher’s reportable creditable earnings for the prior year of employment.  For purposes of this calculation the calculation each year may be rounded down to the nearest $5.00 to avoid possible TRS penalties.  The District may, in its sole discretion, limit the number of teachers who retire under this plan in any year to 30% of those teachers who are eligible for this benefit.  In the event of any limitation in the program, the teacher with the greatest District seniority shall have the participation option.  The District and the teacher agree to execute a Retirement Award Agreement that governs the payment of the retirement award.
2006-2007 Contract Increase 2007-2008 Contract
Base 40,000 6% 42,400
TRS @10.37% 4,148 6% 4,397
Total Creditable Earnings 44,148 6% 46,797
 {Total Creditable earnings of 44,148 in 2006-07 X 6% = 46,797}
    Example 1 A teacher applies for the award three years before retirement.  The teacher’s creditable earnings for the 2006-2007 school year were $44,148.  The teacher’s first year creditable earnings will be $46,797 ($44,148 x 1.06 = $46,797).  The teacher’s second year creditable earnings will be $49,605 ($46,797 x 1.06 = $49,605).  The teacher’s final year creditable earnings will be $52,581 ($49,605 x 1.06 = $52,581). If a teacher has a contractual extra duty obligation at the commencement of the retirement incentive program, the 6% increase will be calculated at the beginning of the year on the base pay plus the contractual extra duty from the previous year. (Contractual extra duty obligations are defined under the UEA, PNA Section 22.01, 22.04, and 22.05; those items included on annual employment contract such as coaching, department chair/head, and Extra-curricular assignments.)  No additional extra earnings will be allowed.  Increase is calculated as follows:
Example 2:
Base Year (06-07)
Base 40,000 6% 42,400
TRS @10.37% 4,148 6% 4,397
Total 44,148 6% 46,797
Contractual Stipend 2,000 6% 2,120
TRS @10.37% 207 6% 220
Total 2,207 6% 2,340
Total Creditable Earnings 46,355 6% 49,137
{Total Creditable earnings of 46,355 X 6% in 2006-07 = 49,137}
If a teacher has non-contractual extra duty obligation in the year prior to submitting an irrevocable retirement letter, the 6% increase is calculated on the base salary only.  The 6% increase on non-contractual extra duty pay will be calculated at the end of the year.  The non-contractual extra duty pay includes stipends for workshops/training, Extended hourly jobs (e.g. Teen Reach, SPLASH Program, After- School Tutoring) and stipends for District and Building Committee work.   The person can only earn non-contractual extra duty pay up to what they earned during the previous year. If the non-contractual amount earned is over the previous year then an adjustment will be made in the final paycheck to reduce earnings so that the final creditable earnings do not exceed 6% over the previous year.  Similarly, teachers must work and/or receive full compensation for the entire school year, which may include utilizing approved accumulated benefit time.  However, teachers shall experience a reduction in creditable earnings for being absent without pay, i.e., “dock days,” or purchase additional personal leave days at the substitute rate of pay. Example 3:
2006-2007 Earnings 2007-2008 Earnings
Base 40,000 6% 42,400
TRS @10.37% 4,148 6%   4,397
44,148 46,797 **Given at start of school  year
 {Total Creditable earnings of 44,148 in 2006-07 X 6% = 46,797}
Extra Duty Pay:
Workshop 1 100
Workshop 2 150
SPLASH (60 hours) 1,500
Workshop 3 500
Total Extra Duty Pay: 2,250 6% 2,385 135
TRS @10.37% 233 6% 247
2,483 2,632
Total Earnings 42,250 6% 44,785
TRS 4,381 6% 4,644
Total Creditable Earnings 46,631 49,429
**Maximum earnings forschool  year
Total Creditable Earnings 46,631 49,429**
{Total Creditable earnings of 46,631 X 6% = 49,429}
Teacher may earn up to $2,250 in extra duty pay during the school year.  At the end of the year, the 6% will be calculated on the $2,250 giving them a total extra duty pay of $2,385.  Their last paycheck of the year would include the $135 difference. *If the teacher only completes $1,000 of extra duty pay, the teacher will only receive the increase of 6% on $1,000 The final check would include the incentive amount of $60 NOTE:  This decrease in extra duty pay will impact the year's  total creditable earnings used to calculate the 2008-2009 6% increase. NOTE ALSO: A decrease in funding in any of the three years used to calculate the retirement benefit award  by the State or Federal government for the National Board Certified Teacher Award (i.e., Master Teacher Stipend) below the amount of funding provided by the State in the year immediately preceding the retirement incentive benefit award period, shall cause the amount of the teacher’s creditable earnings to be reduced commensurately for purposes of recalculating the retirement award benefit.  The Board of Education will not make up the difference in the loss of funding to the teacher. Once an irrevocable letter of retirement is submitted, the employee will not be assigned any additional extra duties or TRS reportable duties not currently being performed without the consent of the employee. If a teacher fails to complete the pre-retirement period, leaves the District prior to the designated retirement date or otherwise retires under the statutory Early Retirement Option causing the District to have to pay a penalty or other monies constituting a surcharge to the Teachers’ Retirement System, the District shall be entitled to damages for breach of contract against the Teacher in an amount equal to the retirement award payment received by Teacher, including tax and retirement withholdings.  Upon complete reimbursement, the teacher shall be entitled to any general wage increase, which would have been applicable during the pre-retirement period. In the event the retirement award provided for in this article would cause the District to have to pay a penalty or other monies constituting a surcharge to the Teachers’ Retirement System, or would conflict with any state statute or final rule or regulation promulgated by the Teachers’ Retirement System, the provisions of this section Policy shall become void. In no event will a teacher who is less than ten (10) years from retirement eligibility receive an increase in total, reportable TRS creditable earnings in excess of six percent (6%) of the prior year’s total, reportable TRS creditable earnings, unless any of the statutory exceptions enacted by P.A. 94-1057 to The Illinois Pension Code become applicable. The District may, in its sole discretion, limit the number of teachers who retire under the statutory Early Retirement Option in any year to 10% of those teachers who are eligible for the Early Retirement Option.  In the event of any limitation upon the statutory Early Retirement option, the teacher with the greatest District seniority shall have the participation option. LEGAL REF.: CROSS REF.: ADOPTED:            June 27, 2012 SUPERSEDES:      July 16, 1991

5:203 Retirement

Voluntary Retirement for Certified Staff – STATE Option
  1. The Teachers’ Retirement System (TRS) determines the availability of a State early retirement option. Individuals should contact Teachers’ Retirement System of the State of Illinois at P.O. Box 19253, Springfield, Illinois 62794-9253 or by calling 800/877-7896 or 217/753-0311 for details.
  2. If the retirement date is to be in June, the deadline for notifying the Department of Human Resources of the intent to retire under Teachers’ Retirement System Early Retirement Option will be February 15 of the school year preceding the retirement date.  If the retirement date is to be at the end of the first semester of the next school year, the letter declaring the intent to retire must also be received by the February 15th deadline.
  3. If, due to unanticipated situations or unforeseen medical/health problems of the employee or immediate family member, the board may allow an employee to request the State Option after the 10% limit has been reached.  The employee is required to submit in writing the request for retirement using the State Option along with the particular circumstances leading to the request.  If the request for retirement is due to medical and/or health problems, the employee would need to provide documentation from the employee’s or family member’s health care provider/physician.  All requests should be sent to the Human Resources Director as soon as is practicable.
  4. This option may be limited at the discretion of the district to be a specified percentage, not lower than 10 percent, of those eligible based on seniority.
LEGAL REF.: CROSS REF.: ADOPTED:            June 27, 2012 SUPERSEDES:      July 16, 1991, June 15, 1999, October 19, 1999

5:210 Resignations

Tenured teachers may resign at any time with consent of the Board of Education or by written notice sent to the Board Secretary at least 30 days before the intended date of resignation. However, no teacher may resign during the school term in order to accept another teaching position without the consent of the Board.

Retirement

Collective Bargaining Agreement between Urbana Education Association (Licensed Faculty), IEA-NEA and Urbana School District #116 Board of Education Retirement Plans. LEGAL REF.:        105 ILCS 5/24-14. Park Forest Heights School Dist. v. State Teacher Certification Bd., 842 N.E.2d 1230 (Ill.App.1, 2006). ADOPTED:           January 19, 2010

5:220 Substitute Teachers

The Superintendent may employ substitute teachers as necessary to replace teachers who are temporarily absent. A substitute teacher must hold either a valid teaching or substitute license and may teach in the place of a licensed teacher who is under contract with the Board. There is no limit on the number of days that a substitute teacher may teach in the District during the school year, except as follows:
  1. A substitute teacher holding a substitute license may teach for any one licensed teacher under contract with the District only for a period not to exceed 90 school days.
  2. A teacher holding a Professional Educator License or Educator License with Stipulations may teach for any one licensed teacher under contract with the District only for a period not to exceed 120 school days.
The Illinois Teachers’ Retirement System (TRS) limits a substitute teacher who is a TRS annuitant to substitute teaching for a period not to exceed 100 paid days or 500 paid hours in any school year, unless the subject area is one where the Regional Superintendent has certified that a personnel shortage exists. The School Board establishes a daily rate of pay for substitute teachers. Substitute teachers receive only monetary compensation for time worked and no other benefits. Emergency Situations A substitute teacher may teach when no licensed teacher is under contract with the Board if the District has an emergency situation as defined in State law. During an emergency situation, a substitute teacher is limited to 30 calendar days of employment per each vacant position. The Superintendent shall notify the appropriate Regional Office of Education within 5 business days after the employment of a substitute teacher in an emergency situation. LEGAL REF.:        105 ILCS 5/21B-20(3) and 24-5. 23 Ill.Admin.Code §25.520. CROSS REF.:          5:30 (Hiring Process and Criteria) ADOPTED:           May 5, 2015

5:230 Maintaining Student Discipline

Maintaining an orderly learning environment is an essential part of each teacher’s instructional responsibilities. A teacher’s ability to foster appropriate student behavior is an important factor in the teacher’s educational effectiveness. The Superintendent shall ensure that teachers, other certificated employees, and persons providing a student’s related service: (1) maintain discipline in the schools as required in The School Code, and (2) follow the School Board policies and administrative procedures on student conduct and discipline. When a student’s behavior is unacceptable, the teacher should first discuss the matter with the student. If the unacceptable behavior continues, the teacher should consult with the Building Principal and/or discuss the problem with the parent(s)/guardian(s). A teacher may remove any student from the learning setting whose behavior interferes with the lessons or participation of fellow students. A student’s removal must be in accordance with Board policy and administrative procedures. Teachers shall not use disciplinary methods that may be damaging to students, such as ridicule, sarcasm, or excessive temper displays. Corporal punishment (including slapping, paddling, or prolonged maintenance of a student in physically painful positions, and intentional infliction of bodily harm) may not be used. Teachers may use reasonable force as needed to keep students, school personnel, and others safe, or for self-defense or defense of property. Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Licensed Faculty), IEA-NEA and Urbana School District #116 Board of Education. LEGAL REF.: 105 ILCS 5/24-24. 23 Ill.Admin.Code §1.280. CROSS REF.: 2:150 (Committees), 7:190 (Student Discipline), 7:230 (Misconduct by Students with Disabilities) ADOPTED: January 19, 2010 Rev. 02/10

5:240 Suspension

Please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Purpose The Board of Education has a duty and responsibility to manage the School, including enactment of personnel policies pursuant to the provisions of the Illinois School Code.  In accordance with this duty, the Board hereby enacts this policy to govern suspensions, both with and without pay, of its certified and non-certified employees.  This policy is supplemental to all other powers of the Board of Education to discipline its employees.  By the enactment of this policy, the Board does not limit its authority to dismiss, transfer, or otherwise discipline its employees. Definitions
  1. Disobedience shall include, but is not limited to, any refusal or failure by an employee to follow a direction, regulation or policy, whether oral or written, of the Board of Education or any person who has supervisory responsibility.
  2. Misconduct includes but is not limited to:
  3. Any act or failure to act which causes, or may reasonably lead the Board of Education or the administration to predict substantial disruption or material interference with the educational process or the rights of others.
  4. Any act or failure to act occurring during the course of an employee’s duties which jeopardizes the health, safety and welfare of any person, student, parent or school employee.
  5. Any act or failure to act that constitutes immoral conduct.
  6. Any act or failure to act which constitutes a violation or an attempt to violate any federal or state law or regulation or municipal ordinance and which relates to the employee’s duties.
  7. Discipline may be imposed by the Board of Education, Superintendent or other administrator as designated by the Superintendent.
  8. Grounds
  9. Employees may be suspended with pay from their duties or for any portion of such duties during any investigation of conduct constituting disobedience or misconduct or as might otherwise be appropriate or in the best interests of the school.
  10. Notification
  11. The Superintendent or designee may suspend an employee upon written or oral notice that shall specify:
  12. The reasons for the suspension;
  13. The date(s) and duration of the suspension.
  14. Length
  15. A suspension with pay shall not exceed the duration of any investigation concerning an employee’s conduct.
    1. If the employee is suspended upon oral notice, written confirmation of such oral notice shall be given to the employee as soon as reasonable, stating the reason(s) and intended duration of the suspension.
Suspension With Pay Repayment of Compensation and Benefits If a professional employee is suspended with pay, either voluntarily or involuntarily, pending the outcome of a criminal investigation or prosecution, and the employee is later dismissed as a result of his or her criminal conviction, the employee must repay to the District all compensation and the value of all benefits received by him or her during the suspension.  The Superintendent will notify the employee of this requirement when the employee is suspended. Suspension Without Pay
  1. Grounds
  2. Employees may be suspended without pay from their duties or for any portion of such duties for conduct constituting disobedience or misconduct or as might otherwise be appropriate or in the best interests of the school.
  3. Notification
  4. The Superintendent or designee may suspend an employee without pay upon oral or written notice which shall specify:
  5. The reason(s) for the suspension;
  6. The date(s) and duration of the suspension;
  7. The employee’s right to request a hearing to review the suspension before the Board of Education and the right to have representation.
  8. If the employee is suspended upon oral notice, written confirmation of such notice shall be given to the employee as soon as reasonable by a letter stating the reasons, duration and right to request a review hearing and have representation at that hearing.
  9. Pre-suspension meeting
If, in the opinion of the Superintendent (or designee), the employee does not pose an immediate threat to himself/herself or others or an ongoing threat of disruption to the educational process, the Superintendent may meet with the employee prior to the suspension to advise the employee of the evidence which supports the reasons for the suspension and afford the employee an opportunity to respond.  If the employee imposes an immediate threat (as stated above), requiring immediate removal from school property, a suspension meeting shall be held as soon after removal as is reasonable. E.   Review hearing
  1. Employees shall be granted a hearing before the Board of Education or a Board committee to review the suspension if an employee makes a written request for a hearing to the Superintendent (or designee) within five (5) days of receipt of the written notice of suspension.  The employee shall have the right to represented at the hearing, and present witnesses on his/her behalf.
  2. Upon receipt of a request for a review hearing, a hearing date shall be promptly scheduled.  The employee shall be given written notification of the time and place of the hearing at least seven (7) days prior to the review, as determined by the date of the notification letter.  The notification letter shall state the procedure to be followed at the hearing.
F.   Review hearing procedures
  1. The hearing shall be conducted in closed session.
  2. A person of the employee’s choice may represent the employee.
  3. The administration and then the employee shall make a short opening statement as to their position on the dispute.
  4. The administration shall first present their evidence in oral or written form.
  5. After the administration concludes its presentation of evidence, the employee may present evidence to refute the charges orally or in written form.
  6. Each party shall be afforded an opportunity to examine all written evidence presented.
  7. The administration and then the employee may make closing statements at the conclusion of the hearing.
  8. The hearing may be recorded at the direction at either party at its own expense.  An opportunity to purchase a copy of the tape and/or transcript shall be offered.
  9. The Board of Education based upon the evidence, may uphold, modify, or reverse the suspension.  If the Board reverses the suspension, any lost salary and benefits shall be refunded and the record expunged of any notices or material relating to the suspension.
G.  Length of Suspension
  1. Any suspensions without pay shall not exceed ten (10) days unless the conduct giving rise to the suspension is subject to a criminal investigation by law enforcement authorities and/or a District investigation which may lead to a dismissal proceeding.  If the suspension is for more than thirty (30) days for the reasons stated above, the suspension shall continue until the culmination of the criminal matter or until the District has made a final determination with regard to a possible dismissal action.
Other Discipline The Superintendent or other administrators designated by the Superintendent may impose other discipline not involving loss of salary, such as written or oral reprimands or other appropriate discipline. LEGAL REF.:        5 ILCS 430/5-60(b). 105 ILCS 5/24-12. Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487 (1985). Barszcz v. Community College District No. 504, 400 F.Supp. 675 (N.D. Ill., 1975). Massie v. East St. Louis School District No.189, 561 N.E.2d 246 (Ill.App.5, 1990). CROSS REF.:         5:290 (Educational Support Personnel - Employment Termination and Suspensions) ADOPTED:            June 5, 2012

5:250 Leaves of Absence

Sick and Bereavement Leave, Sabbatical Leave, Personal Leave, Leave of Absence Without Pay, Leave for Service in the Military, Leave for Service in the General Assembly, Leaves to Serve as an Officer or Trustee of a Specific Organization, Accident, Injury, Crisis Leave, Parental Leave, Association Leave, Public Office Leave, Advanced Study and Alternative Work Leaves, Education Meeting Leave, Medical Leave, Educational Visitation Leave, District Service Leave, Presidential Service Leave Please refer to the following current agreement: Agreement between Urbana Education (Certified) Association, IEA-NEA and Urbana School District #116 Board of Education. Each of the provisions in this policy applies to all professional personnel to the extent that it does not conflict with an applicable collective bargaining agreement or individual contract; in the event of a conflict, such provision is severable and the applicable bargaining agreement or individual agreement will control. School Visitation Leave An eligible professional staff member is entitled to 8 hours during any school year, no more than 4 hours of which may be taken on any given day, to attend school conferences or classroom activities related to the teacher’s child, if the conference or activity cannot be scheduled during non-work hours.  Professional staff members must first use all accrued vacation leave, personal leave, compensatory leave, and any other leave that may be granted to the professional staff member, except sick, and disability leave. The Superintendent shall develop administrative procedures implementing this policy consistent with the School Visitation Rights Act. Leaves for Victims of Domestic or Sexual Violence An unpaid leave from work is available to any staff member who: (1) is a victim of domestic or sexual violence, or (2) has a family, or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence. The unpaid leave allows the employee to seek medical help, legal assistance, counseling, safety planning, and other assistance without suffering adverse employment action. The Victims’ Economic Security and Safety Act governs the purpose, requirements, scheduling, and continuity of benefits, and all other terms of the leave. Accordingly, if the District employs at least 50 employees, an employee is entitled to a total of 12 work weeks of unpaid leave during any 12-month period. Neither the law nor this policy creates a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the federal Family and Medical Leave Act of 1993 (29 U.S.C. §2601 et seq.). Leave to Serve as an Election Judge Any staff member who was appointed to serve as an election judge under State law may, after giving at least 20-days’ written notice to the District, be absent without pay for the purpose of serving as an election judge. The staff member is not required to use any form of paid leave to serve as an election judge. No more than 10% of the District’s employees may be absent to serve as election judges on the same election day. LEGAL REF.:        10 ILCS 5/13-2.5. 20 ILCS 1805/30.1 et seq. 105 ILCS 5/24-6, 5/24-6.1, 5/24-6.2, 5/24-6.3, 5/24-13, and 5/24-13.1. 820 ILCS 147/ and 180/. CROSS REF.:          5:180 (Temporary Illness or Temporary Incapacity), 5:185 (Family and Medical Leave), 5:330 (Educational Support Personnel - Sick Days, Vacation, Holidays, and Leaves) ADOPTED:           May 5, 2015

5:260 Student Teachers

The Superintendent is authorized to accept students from university-approved teacher-training programs to do student teaching in the District. No individual who has been convicted of a criminal offense listed in Section 5/21B-80 of the School Code is permitted to student teach or complete field or other clinical experience. Before permitting an individual to student teach or participate in any field experience in the District, the Superintendent or designee shall ensure that:
  1. The District performed a complete criminal history records check as described below; and
  2. The individual furnished evidence of physical fitness to perform assigned duties and freedom from communicable disease pursuant to 105 ILCS 5/24-5.
A complete criminal history records check pursuant to 105 ILCS 5/10-21.9 shall include:
  1. Fingerprint-based checks through (a) the Illinois State Police (ISP) for criminal history records information (CHRI) pursuant to the Uniform Conviction Information Act (20 ILCS 2635/1), and (b) the FBI national crime information databases pursuant to the Adam Walsh Child Protection and Safety Act (P.L. 109-248);
  2. A check of the Illinois Sex Offender Registry (see the Sex Offender Community Notification Law (730 ILCS 152/101 et seq.); and
  3. A check of the Illinois Murderer and Violent Offender Against Youth Registry (Murderer and Violent Offender Against Youth Community Notification Law (730 ILCS 154/75-105, amended by 97-154).
Each student teacher must provide written authorization for, and pay the costs of, his or her criminal history records check (including any applicable vendor’s fees), and the Superintendent or designee will provide each student teacher with a copy of his or her report. Assignment The Superintendent or designee shall be responsible for coordinating placements of all student teachers within the District. Student teachers should be assigned to supervising teachers whose qualifications are acceptable to the District and the students’ respective colleges or universities. A teacher may be eligible for Continuing Professional Development Units (CPDU) for supervising a student teacher or teacher education candidate in clinical supervision. LEGAL REF.:        Adam Walsh Child Protection and Safety Act, P.L. 109-248. Uniform Conviction Information Act, 20 ILCS 2635/1. 105 ILCS 5/21-14(e)(3)(E)(viii), 5/10-22.34, and 5/24-5. 23 Ill.Admin.Code §25.875. CROSS REF.:          5:190 (Teacher Qualifications), 4:175 (Convicted Child Sex Offender; Criminal Background Check and/or Screen; Notifications) ADOPTED:           January 20, 2015

5:270 Employment At-Will, Compensation, and Assignment

Employment At-Will Unless otherwise specifically provided, District employment is at-will, meaning that employment may be terminated by the District or employee at any time for any reason, other than a reason prohibited by law, or no reason at all.  Nothing in Board of Education policy is intended or should be construed as altering the employment at-will relationship. Exceptions to employment at-will may include employees who are employed annually, have an employment contract, or are otherwise granted a legitimate interest in continued employment. The Superintendent is authorized to make exceptions to employing nonlicensed employees at-will but shall maintain a record of positions or employees who are not at-will. Compensation Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: The Board will determine salary and wages for educational support personnel. An employee covered by the overtime provisions in State or federal law, shall not work overtime without the prior authorization from the employee’s immediate supervisor. Educational support personnel are paid twice a month. Assignment The Superintendent is authorized to make assignments and transfers of educational support personnel. Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. LEGAL REF.:        105 ILCS 5/10-22.34 and 5/10-23.5. CROSS REF.:          5:10 (Equal Employment Opportunity and Minority Recruitment) 5:35 (Compliance with the Fair Labor Standards Act), 5:290 (Educational Support Personnel - Employment Termination and Suspensions), 5:310 (Educational Support Personnel - Compensatory Time-Off) ADOPTED:           November 17, 2015

5:280 Duties and Qualifications

All support staff: (1) must meet qualifications specified in job descriptions, (2) must be able to perform the essential tasks listed and/or assigned, and (3) are subject to School Board policies as they may be changed from time-to-time at the Board’s sole discretion. Paraprofessionals Paraprofessionals provide supervised instructional support. Service as a paraprofessional requires an educator license with stipulations endorsed for a paraprofessional educator unless a specific exemption is authorized by the Illinois State Board of Education (ISBE). Individuals with only non-instructional duties (e.g., providing technical support for computers, providing personal care services, or performing clerical duties) are not paraprofessionals, and the requirements in this section do not apply. In addition, individuals completing their clinical experiences and/or student teaching do not need to comply with this section, provided their service otherwise complies with ISBE rules. Noncertificated and Unlicensed Personnel Working with Students and Performing Non-Instructional Duties Noncertificated and unlicensed personnel performing non-instructional duties may be used:
  1. For supervising study halls, long distance teaching reception areas used incident to instructional programs transmitted by electronic media, e.g., computers, video, and audio, detention and discipline areas, and school-sponsored extracurricular activities;
  2. As supervisors, chaperones, or sponsors for non-academic school activities; or
  3. For non-teaching duties not requiring instructional judgment or student evaluation.
Nothing in this policy prevents a noncertificated person from serving as a guest lecturer or resource person under a certificated teacher’s direction and with the administration’s approval. When appropriate, the Superintendent may seek approval from the responsible regional superintendent for a noncertificated individual to provide specialized instruction that is not otherwise readily available in the school environment in the field that the individual is particularly qualified by reason of specialized knowledge or skill. Coaches and Athletic Trainers Athletic coaches and trainers shall have the qualifications required by any association in which the School District maintains a membership. Regardless of whether the athletic activity is governed by an association, the Superintendent or designee shall ensure that each athletic coach: (1) is knowledgeable regarding coaching principles, (2) has first aid training, and (3) is a trained Automatic External Defibrillator user according to rules adopted by the Illinois Department of Public Health. Anyone performing athletic training services shall be licensed under the Illinois Athletic Trainers Practice Act, be an athletic trainer aide performing care activities under the on-site supervision of a licensed athletic trainer, or otherwise be qualified to perform athletic trainer activities under State law. Bus Drivers All school bus drivers must have a valid school bus driver permit and valid driver’s license as conditions of employment at the District and must maintain a valid school bus driver permit and valid driver’s license at all times while working for the District. A school bus driver shall immediately notify the Superintendent if his or her school bus driver permit or driver’s license becomes invalid, suspended or revoked. The Superintendent or designee shall inform the Illinois Secretary of State, within 30 days of being informed by a school bus driver, that the bus driver permit holder has been called to active duty. New bus drivers and bus drivers who are returning from a lapse in their employment are subject to the requirements contained in Board policy 5:30, Hiring Process and Criteria and Board policy 5:285, Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers. LEGAL REF.:        No Child Left Behind Act of 2001, 20 U.S.C. §6319(c). 34 C.F.R. §§200.58 and 200.59. 105 ILCS 5/10-22.34, 5/10-22.34a, and 5/10-22.34b. 625 ILCS 5/6-104 and 5/6-106.1. 23 Ill.Admin.Code §§1.630 and 25.510. CROSS REF.:          4:110 (Transportation), 4:170 (Safety), 5:30 (Hiring Process and Criteria), 5:35 (Compliance with the Fair Labor Standards Act), 5:285 (Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers), 6:250 (Community Resource Persons and Volunteers) ADOPTED:           January 20, 2015
  • 5:285 Drug and Alcohol Testing for School Bus and Commercial Vehicle Drivers

    The District shall require its transportation services providers to adhere to State and Federal law and regulations requiring a drug and alcohol testing program for school and commercial vehicle drivers. LEGAL REF.:        625 ILCS 5/6-106.1 and 5/6-106.1c. 49 U.S.C. §31301 et seq., Alcohol and Controlled Substances Testing (Omnibus Transportation Employee Testing Act of 1991). 49 C.F.R. Parts 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs), 382 (Controlled Substance and Alcohol Use and Testing), and 395 (Hours of Service of Drivers). CROSS REF.:         4:110 (Transportation), 5:30 (Hiring Process and Criteria), 5:280 (Duties and Qualifications) ADOPTED:            June 5, 2012
  • 5:286 Driver’s License Checks Policy

    Each applicant for a bus driver position with the District must complete the application required by the Secretary of State for a school bus driver permit (obtained from the District) and submit it to the District along with the necessary fingerprint submission as required by the Department of State Police to conduct a fingerprint-based criminal history records check. The Superintendent or designee will conduct a pre-employment interview with prospective school bus driver candidates, distribute school bus driver applications and medical forms, and submit the applicant’s fingerprint cards to the Department of State Police. The Superintendent or designee will certify in writing to the Secretary of State that all pre-employment conditions have been successfully completed, including the successful completion of a criminal history records check as required by State law. The applicant must present the certification to the Secretary of State at the time of submitting the school bus driver permit application. Each applicant for a position with District 116 that requires the employee to regularly operate a motor vehicle as a condition of employment must provide a written authorization for a fingerprint-based criminal history records check at the time he or she submits the application. These applicants will also be subject to a driver’s license check with the Illinois Secretary of State’s Office and must possess a valid driver’s license. After being hired by the District, all bus drivers and those employees who regularly operate a motor vehicle as a condition of employment with the District, shall be subject to periodic driver’s license checks with the Illinois Secretary of State’s Office. An employee’s failure to maintain a valid driver’s license shall result in disciplinary action being taken against the employee by the District, up to and including discharge. ADOPTED: January 19, 2010
Rev. 02/10

5:290 Employment Termination and Suspensions

Resignation and Retirement An employee is requested to provide 2 weeks’ notice of a resignation. A resignation notice cannot be revoked once given. An employee planning to retire should notify his or her supervisor at least 2 months before the retirement date. Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. Non-RIF Dismissal Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: The District may terminate an at‑will employee at any time for any reason, subject to State and federal law. The Superintendent is responsible for making dismissal recommendations to the Board of Education consistent with the Board’s goal of having a highly qualified, high performing staff. Reduction in Force and Recall Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: The Board may, as necessary or prudent, decide to decrease the number of educational support personnel or to discontinue some particular type of educational support service and, as a result of that action, dismiss or reduce the hours of one or more educational support employees. When making decisions concerning reduction in force and recall, the Board will follow Sections 10-22.34c (outsourcing non-instructional services) and 10-23.5 (procedures) of the School Code, to the extent they are applicable and not superseded by legislation or an applicable collective bargaining agreement. Final Paycheck A terminating employee’s final paycheck will be adjusted for any unused, earned vacation credit.  Employees are paid for all earned vacation. Terminating employees will receive their final pay on the next regular payday following the date of termination, except that an employee dismissed due to a reduction in force shall receive his or her final paycheck on or before the next regular pay date following the last day of employment. Suspension Except as provided below, the Superintendent is authorized to suspend an employee without pay as a disciplinary measure, during an investigation into allegations of misconduct or pending a dismissal hearing whenever, in the Superintendent’s judgment, the employee’s presence is detrimental to the District. A disciplinary suspension shall be with pay: (1) when the employee is exempt from the overtime provisions, or (2) until an employee with an employment contract for a definite term is provided a notice and hearing according to the suspension policy for professional employees. LEGAL REF.:        5 ILCS 430 et seq. 105 ILCS 5/10-22.34c and 5/10-23.5. 820 ILCS 105/4a. CROSS REF.:          5:240 (Professional Personnel - Suspension), 5:270 (Educational Support Personnel - Employment At-Will, Compensation, and Assignment) ADOPTED:           November 17, 2015

5:300 Schedules and Employment Year

The Superintendent shall supervise a process for setting work schedules and an employment year for educational support employees in accordance with State and federal law, School Board policy, and applicable agreements and shall:
  1. Assign each employee one supervisor who will establish a work schedule, including breaks, as required by building or District needs, work load, and the efficient management of human resources;
  2. Allow for the ability to respond to changing circumstances by altering work schedules as needed; and
  3. Consider the well-being of the employee. The Superintendent’s approval is required to establish a flexible work schedule or job-sharing.
Breaks Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: An employee who works at least 7.5 continuous hours shall receive a 30-minute duty-free meal break that begins within the first 5 hours of the employee’s workday. Nursing Mothers The District accommodates employees who are nursing mothers according to State and federal law. LEGAL REF.:        Fair Labor Standards Act, 29 U.S.C. §207 et seq. 820 ILCS 105/, Minimum Wage Law. 820 ILCS 260/, Nursing Mothers in the Workplace Act. 105 ILCS 5/10-20.14a, 5/10-22.34, and 5/10-23.5. CROSS REF.:          5:35 (Compliance with the Fair Labor Standards Act) ADOPTED:           May 3, 2011

5:310 Compensatory Time-Off

This policy governs the use of compensatory time-off by employees who: (1) are covered by the overtime provisions of the Fair Labor Standards Act, 29 U.S.C. §201 et seq., and (2) are not represented by an exclusive bargaining representative. Employees may be given 1-1/2 hours of compensatory time-off in lieu of cash payment for each hour of overtime worked. Notwithstanding the above and to avoid hardship to the District, an employee’s supervisor may require the employee to reduce accumulated compensatory time, or schedule the compensatory time-off for the employee, so that the employee does not accumulate more than 75 hours of compensatory time, which represents compensation for 50 hours of overtime. An employee who has accrued compensatory time-off shall be permitted to use such time in at least half-day components provided such requests do not unduly disrupt the District’s operations. The employee’s supervisor must approve a request to use compensatory time-off. Upon termination of employment, an employee will be paid for unused compensatory time at the higher of:
  1. The average regular rate received by such employee during the last three years of employment; or
  2. The final regular rate received by such employee.
Compensatory time-off is time during which the employee is not working and is, therefore, not counted as “hours worked” for purposes of overtime compensation. Implementation The Superintendent or designee shall implement this policy in accordance with the FLSA. In the event of a conflict between the policy and the FLSA, the latter shall control. LEGAL REF.: Fair Labor Standards Act, 29 U.S.C. §201 et seq.; 29 C.F.R. Part 553. CROSS REF.: 5:35 (Compliance with the Fair Labor Standards Act), 5:185 (Family and Medical Leave), 5:270 (Employment At-Will, Compensation, and Assignment) ADOPTED: January 19, 2010 Rev. 02/10

5:320 Evaluation

Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: The Superintendent or designee is responsible for designing and implementing a program for evaluating the job performance of each educational support staff member according to standards contained in School Board policies as well as in compliance with State law and any applicable collective bargaining agreement. The standards for the evaluation program shall include, but not be limited to:
  1. Each employee shall be evaluated at least bi-annually.
  2. The direct supervisor shall provide input.
  3. The employee’s work quality, promptness, attendance, reliability, conduct, judgment, and cooperation shall be considered.
  4. The employee shall receive a copy of the annual evaluation.
  5. All evaluations shall comply with State and federal law and any applicable collective bargaining agreement.
CROSS REF.: 5:10 (Equal Employment Opportunity and Minority Recruitment), 5:150 (Personnel Records) ADOPTED: January 19, 2010 Rev. 02/10

5:330 Sick Days, Vacation, Holidays, and Leaves

Each of the provisions in this policy applies to all educational support personnel to the extent that it does not conflict with an applicable collective bargaining agreement or individual contract; in the event of a conflict, such provision is severable and the applicable bargaining agreement or individual agreement will control. Sick and Bereavement Leave Please refer to the following current agreement:

Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education.

For employees not covered by this agreement: Full or part-time educational support personnel who work at least 600 hours per year receive 10 paid sick leave days per year. Part-time employees who work at least half-time are entitled to sick days on the same basis as full-time employees, but the pay will be based on the employee’s average number of part-time hours per week. Unused sick leave shall accumulate to a maximum of 260 days, including the leave of the current year. Sick leave is defined in State law as personal illness, quarantine at home, serious illness or death in the immediate family or household, or birth, adoption, or placement for adoption. The Superintendent and/or designee shall monitor the use of sick leave. The number of sick leave days are as follows: 40 week employees – ten (10) days 42 week employees – eleven (11) days 44 week employees – twelve (12) days 52 week employees – fifteen (15) days As a condition for paying sick leave after 3 days absence for personal illness or 30 days for birth or as the Board or Superintendent deem necessary in other cases, the Board or Superintendent may require that the staff member provide a certificate from: (1) a physician licensed in Illinois to practice medicine and surgery in all its branches, (2) a chiropractic physician licensed under the Medical Practice Act, (3) an advanced practice nurse who has a written collaborative agreement with a collaborating physician that authorizes the advanced practice nurse to perform health examinations, (4) a physician assistant who has been delegated the authority to perform health examinations by his or her supervising physician, or (5) if the treatment is by prayer or spiritual means, a spiritual adviser or practitioner of the employee’s faith . If the Board or Superintendent requires a certificate during a leave of less than 3 days for personal illness, the District shall pay the expenses incurred by the employee. The use of paid sick leave for adoption or placement for adoption is limited to 30 days unless a longer leave is provided in an applicable collective bargaining agreement. The Superintendent may require that the employee provide evidence that the formal adoption process is underway. Vacation Twelve-month employees shall be eligible for paid vacation days according to the following schedule: Length of Employment                     Days Per                      Maximum Paid Vacation          in years                                      Month                      Earned Per Year           0 - 5                                           .833                                 10 days 6 - 10                                         1.25                                   15 days 11 - 15                                        1.42                                   17 days 16 - 20                                        1.66                                   20 days over 20                                       1.83                                   22 days Part-time employees who work at least half-time are entitled to vacation days on the same basis as full-time employees, but the pay will be based on the employee’s average number of part-time hours per week during the last vacation accrual year. The Superintendent will determine the procedure for requesting vacation. Vacation days earned in one fiscal year must be used by the end of the following fiscal year; they do not accumulate. Employees resigning or whose employment is terminated are entitled to the monetary equivalent of all earned vacation. Holidays Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: Unless the District has a waiver or modification of the School Code pursuant to Section 2-3.25g or 24-2(b) allowing it to schedule school on a holiday listed below, District employees will be paid for, but will not be required to work on:
New Year’s Day Labor Day
Martin Luther King Jr.’s Birthday Veteran’s Day
Abraham Lincoln’s Birthday Thanksgiving Day
Memorial Day Christmas Day
Independence Day
The District may require educational support personnel to work on a school holiday during an emergency or for the continued operation and maintenance of facilities or property. Personal Leave Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. For employees not covered by this agreement: Two (2) days of personal leave shall be granted each year to all employees except lunchroom supervisors and ASCC workers, to conduct necessary personal business which cannot be handled during days or hours when the employee is not required to be working. Unused personal leave days may accumulate as sick leave. The use of a personal day is subject to the following conditions:
  1. Except in cases of emergency or unavoidable situations, a personal leave request should be submitted to the Building Principal 3 days before the requested date.
  2. No personal leave day may be used immediately before or immediately after a holiday, or during the first and/or last 5 days of the school year, unless the Superintendent grants prior approval.
  3. Personal leave may not be used in increments of less than one-half day.
  4. Personal leave is subject to any necessary replacement’s availability.
  5. Personal leave may not be used on an in-service training day and/or institute training days.
  6. Personal leave may not be used when the employee’s absence would create an undue hardship.
Association Leave, Leave of Absence Without Pay Please refer to the following current agreement: Collective Bargaining Agreement between Urbana Education Association (Educational Support Professionals), IEA-NEA and Urbana School District #116 Board of Education. Leave to Serve as a Trustee of the Illinois Municipal Retirement Fund Upon request, the Board will grant 20 days of paid leave of absence per year to a trustee of the Illinois Municipal Retirement Fund in accordance with 105 ILCS 5/24-6.3. Other Leaves Educational support personnel receive the following leaves on the same terms and conditions granted professional personnel in Board policy 5:250, Leaves of Absence:
  1. Leaves for Service in the Military and General Assembly
  2. School Visitation Leave
  3. Leaves for Victims of Domestic or Sexual Violence
LEGAL REF.:        20 ILCS 1805/30.1 et seq. 105 ILCS 5/10-20.7b, 5/24-2, and 5/24-6. 820 ILCS 147 and 180/1 et seq. CROSS REF.:          5:180 (Temporary Illness or Temporary Incapacity), 5:185 (Family and Medical Leave), 5:250 (Professional Personnel - Leaves of Absence) ADOPTED:           January 20, 2015