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  • Effective:  9/24/2019
  1. Board Directive
    The Board adopts this policy, in part, because the legislature has conditioned certain governmental immunity protections upon the adoption of an appropriate behavior policy not less stringent than a model policy created by the State Board of Education. The Board is committed to establishing and maintaining appropriate standards of conduct between staff members and students.  These standards of conduct are also known as professional boundaries.  Staff members shall maintain professional and appropriate demeanor and relationships with students, both during and outside of school hours, as well as both on and off campus, that foster an effective, non-disruptive and safe learning environment.  The Board delegates to the Administration the responsibility for establishing guidelines for the Employee Code of Conduct.
  2. Administrative Policy
    1. Definitions
      1. Staff Member: an employee, contractor or volunteer with unsupervised access to students.
      2. Student: a child under the age of 18 or over the age of 18 if still enrolled in a public secondary school.
      3. Boundary Violation: crossing verbal, physical, emotional, or social lines that staff must maintain in order to ensure structure, security, and predictability in an educational environment.
        1. A boundary violation may include the following, depending on the circumstances:
          1. Isolated, one-on-one interactions with a student out of the line of sight of others;
          2. Meeting with a student in rooms with covered or blocked windows;
          3. Telling risqué jokes to, or in the presence of a student;
          4. Employing favoritism to a student;
          5. Giving gifts to individual students;
          6. Staff member initiated frontal hugging or other uninvited touching;
          7. Photographing an individual student for a non-educational purpose or use;
          8. Engaging in inappropriate or unprofessional contact outside of educational program activities;
          9. Exchanging personal email or phone numbers with a student for a non-educational purpose or use;
          10. Interacting privately with a student through social media, computer, or handheld devices; and
          11. Discussing an employee’s personal life or personal issues with a student.
        2. A boundary violation does not include:
          1. Offering praise, encouragement, or acknowledgment;
          2. Offering rewards available to all who achieve;
          3. Asking permission to touch for necessary purposes;
          4. Giving a pat on the back or a shoulder;
          5. Giving a side hug;
          6. Giving a handshake or high five;
          7. Offering warmth and kindness;
          8. Utilizing public social media alerts to groups of students and parents; or
          9. Contact permitted by an IEP or 504 plan.
      4. Grooming: befriending and establishing an emotional connection with a student or a student’s family to lower the student’s inhibitions for emotional, physical, or sexual abuse.
      5. Sexual Conduct: includes any sexual contact or communication between a staff member and a student including but not limited to:
        1. Sexual Abuse: the criminal conduct described in Utah Code Ann. 76-5-404.1(2) and includes, regardless of the gender of any participant:
          1. Touching the anus, buttocks, pubic area, or genitalia of a student;
          2. Touching the breast of a female student; or
          3. Otherwise taking indecent liberties with a student; with the intent to:
            1. cause substantial emotional or bodily pain; or
            2. arouse or gratify the sexual desire of any individual.
        2. Sexual Battery: the criminal conduct described in Utah Code Ann. 76-9-702.1 and includes intentionally touching, whether or not through clothing, the anus, buttocks, or any part of the genitals of a student, or the breast of a female student, and the actor’s conduct is under circumstances the actor knows or should know will likely cause affront or alarm to the student touched; or
        3. A staff member and student sharing any sexually explicit or lewd communication, image, or photograph.
    2. Procedures
      Staff members shall act in a way that acknowledges and reflects their inherent positions of authority and influence over students.

      1. Staff members shall recognize and maintain appropriate personal boundaries in teaching, supervising and interacting with students and shall avoid boundary violations including behavior that could reasonably be considered grooming or lead to even an appearance of impropriety. It is not a boundary violation when a student acts or speaks in inappropriately familiar ways with a staff member without having been prompted to do so by the staff member, but such incidents must be promptly documented and reported to the staff member’s supervisor or the building principal and the student should be given guidance on proper student-staff relationships as directed by the supervisor or principal.
      2. A staff member may not subject a student to any form of abuse including, but not limited to:
        1. physical abuse;
        2. verbal abuse;
        3. sexual abuse; or
        4. mental abuse.
      3. A staff member shall not touch a student in a way that makes a reasonably objective student feel uncomfortable.
      4. A staff member shall not engage in any sexual conduct toward or sexual relations with a student including, but not limited to:
        1. viewing with a student, or allowing a student to view, pornography or any other sexually explicit or inappropriate images or content, whether video, audio, print, text or other format;
        2. sexual battery; or
        3. sexual assault.
      5. Staff member communications with students, whether verbal or electronic, shall be professional and avoid boundary violations.
      6. A staff member shall not provide gifts, special favors, or preferential treatment to a student or group of students.
      7. A staff member shall not discriminate against a student on the basis of sex, religion, national origin, gender identity, sexual orientation, or any other prohibited class.
      8. Staff member use of electronic devices and social media to communicate with students must comply with District policy, be professional, pertain to school activities or classes, and comply with the Family Educational Rights and Privacy Act.
      9. A staff member may not use or be under the influence of alcohol or illegal substances during work hours on school property or at school sponsored events while acting as a staff member. Additionally, a staff member may not use any form of tobacco or electronic cigarettes on school property or at school sponsored activities in an employment capacity.
      10. The prohibitions listed above in subsections 1 through 9 apply to staff member interaction with any student presently enrolled in the District and to staff member interaction with any former student who was enrolled at a school where the staff member was assigned during the student’s enrollment at that school for a period of two (2) years after the student ceased enrollment at that school.
      11. A staff member shall cooperate in any investigation concerning allegations of actions, conduct, or communications that if proven, would violate this policy.
      12. The District recognizes that familial relationships or other relationships which are independent of and which do not arise out of the school context between a staff member and a student or former student may provide for exceptions to certain provisions of this policy.
      13. Conduct prohibited by this policy is considered a violation of this policy regardless of whether the student may have consented.
    3. Reporting
      1. A staff member who has reason to believe there has been a violation of this policy shall immediately report such conduct to an appropriate supervisor or school administrator. If a staff member has reason to believe a school administrator has violated this policy, the staff member shall immediately report the conduct to the administrator’s supervisor.
      2. In addition to the obligation to report suspected child abuse or neglect to law enforcement or the Division of Child and Family Services under Utah Code Ann. 62A-4a-403:
        1. a staff member who has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately report the belief and all other relevant information to the school administrator, or to District Administration;
        2. a school administrator who has received a report or who otherwise has reasonable cause to believe that a student may have been physically or sexually abused by a school staff member shall immediately inform the District Administration of the reported abuse; and
        3. if the staff member suspected to have abused a student holds a professional educator license issued by the Utah State Board of Education, the District Administration shall immediately report that information to the Utah Professional Practices Advisory Commission;
        4. a person who makes a report under this subsection in good faith shall be immune from civil or criminal liability that might otherwise arise by reason of that report.
      3. A staff member who has knowledge of suspected incidents of bullying shall immediately notify the student’s building administrator in compliance with Policy AS98-Bulying, Cyberbullying and Hazing.
      4. Failing to report suspected misconduct as required herein is a violation of this policy, the Utah Educator Standards, and in some instances, state law, and may result in disciplinary action.
    4. Training
      1. Within 10 days of beginning employment with the District a staff member shall receive video training regarding this policy and shall electronically acknowledge having received training and understanding the policy.
      2. Staff members employed by the District at the time of initial adoption of this policy shall receive video training regarding this policy prior to the first day of the 2019-2020 school year on which students will be in attendance and shall electronically acknowledge having received training and understanding the policy.
      3. All employees will receive video training annually as part of the crucial policy review.
    5. Violations
      A staff member found in violation of this policy will be subject to disciplinary action, up to and including removal as a volunteer or termination of employment in accordance with orderly termination policy DP316 NEG, DP316A and DP316B NEG.

REFERENCES

Utah Code Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements
Utah Code Section 53E-6-701, Mandatory Reporting of Physical or Sexual Abuse of Students
Utah Admin. Code R277-401, Child Abuse-Neglect Reporting by Education Personnel
Utah Admin. Code R277-515, Utah Educator Professional Standard
Utah Admin. Code R277-322, LEA Codes of Conduct
Utah Code Section 63G-7-301, Waivers of Immunity
Utah Code Section 76-5-401.1, Sexual Abuse of a Minor
Utah Code Section 76-9-702.1, Sexual Battery

 

  • Effective: 6/8/2004
  • Revision: 1/8/2019
  • Reviewed: 7/25/2017

  1. Board Directive
    The Board recognizes that licensed staff should be placed in the school that will best fit the educational needs of the students in the District. When circumstances make it necessary to reduce staff, orderly procedures are to be implemented in accordance with Utah Code § §53G-11-517.  This policy is intended to be consistent with the Public Education Human Resources Management Act §53G-11-501 et seq.
  2. Administrative Policy
    1. Reduction in Staff (RIS)
      1. In the event of declining enrollment, the discontinuance or substantial reduction of a particular service or program, the shortage of anticipated revenue, school consolidation, or other unforeseen circumstances, it may become necessary to initiate a  RIS. If a RIS is necessary, seniority will not be used in determinations; however, decisions may be within the discretion of the school/program using a rubric as outlined in the "Reduction in Staff Guidelines" to consider the following:
        1. Program and staffing needs of the school / District
        2. Employee performance evaluation (appropriate for the job classification)
      2. All teachers, including those on a plan of assistance or probation, may be affected by a RIS.
      3. For licensed employees who are to be affected by a RIS, the school / program administrator will submit RIS recommendations to the Administrator of Schools and the Administrator of Human Resources for approval.
      4. Under normal circumstances, licensed employees who are to be affected by a RIS and potentially subject to a Reduction in Force (RIF), shall receive at least thirty (30) days notice from the Human Resource Department. This RIS/RIF notice to licensed employees will serve as the thirty (30) days notice should the employee not be able to secure a position with the District.
      5. Teachers affected by a RIS will be eligible to participate in transfers as per policy DP304 NEG – Teacher Transfers.
      6. Teachers affected by a RIS may apply online for available positions for which they are qualified in addition to any transfer request entered into Skyward. However, there is no guarantee of continued employment.  After June 1, if the teacher has not been hired for an available position, the employee will be subject to a RIF.
    2. Reduction in Force (RIF)
      1. In the event of declining enrollment, the discontinuance or substantial reduction of a particular service or program, the shortage of anticipated revenue, school consolidation, or other unforeseen circumstances, it may become necessary to initiate a RIF. If a RIF is necessary, seniority will not be used in determinations; however, decisions may be within the discretion of the district to consider the following:
        1. Program and staffing needs of the school / District.
        2. Employee performance evaluation (appropriate for the job classification).
      2. Under normal circumstances, licensed employees who are to be affected by a RIF, shall receive at least thirty (30) days’ notice.
    3.  Rehire
      1. If a licensed employee is terminated through a RIF, the employee will be contacted and given the opportunity to interview for available positions for which they apply online and are qualified within one (1) year of the date of the RIF. However, there is no guarantee of continued employment.
      2. If a licensed employee is terminated through a RIF and rehired during the same contract year, the employee’s salary placement shall remain unchanged. If the terminated employee is rehired during a subsequent year, salary placement will move up one level, provided a salary increase was authorized by the Board of Education and included on the current salary schedule.  If the employee applies and qualifies for a salary change between the times of the RIF and rehiring during a subsequent year, salary placement will be on the higher level provided a salary increase was authorized by the Board and included on the current salary schedule.
      3. A licensed employee who is rehired following termination through the RIF process, shall have accrued sick leave and other leave benefits reinstated at the level existing at the time of the RIF, provided the benefit was authorized by the Board for the current academic year.

 

 

 

 

 

 

History of revisions:  9/13/11, 2/23/16

 

Number - DP377
Effective - 3/28/2017


  1. Board Directive
    Educational institutions are potential high-risk areas for transmission of vaccine-preventable diseases.  While immunization is an important health requirement for students in District schools, it is equally important for staff in these settings and other District buildings to be protected against vaccine-preventable diseases.This policy is adopted in conformance with the Salt Lake County Health Department’s (health department) Health Regulation #38.  The Board delegates to the District Administration the responsibility for developing and administrating the policy for employee immunizations.
  2. Administrative Policy
    1. Purpose
      Utah law provides the health department, in the event of a case or an outbreak of a vaccine-preventable disease among District students or employees, with the authority to exclude from school and the workplace all susceptible persons, including students and employees, to prevent the spread of a communicable disease and to protect the public’s health. This policy is adopted to facilitate the timely identification of employees who must be excluded and to outline the details of their employment status during the period of exclusion.
    2. Record of Immunization
      All employees are encouraged to maintain a record of immunization or immunity against the diseases listed in Section C for ready access in the event of an outbreak.  In the event of an outbreak, District nurses will act as a liaison between the health department, school administration and impacted employee(s) who will be required to provide their record of immunization.  Employees with no record on file, or whose record does not indicate immunization against the disease identified in an outbreak, may be excluded from the school or workplace until authorized by the local health department to return.
    3. Recommended Vaccinations
      The District will provide policy notification to employees during the new hire onboarding process and each year during the critical policy review.In accordance with the recommendation of the Utah Department of Health, all employees are encouraged to be vaccinated against the following:

      1. Measles, Mumps, Rubella (MMR) – Employees born in or after 1957 must provide documentation of two (2) doses of the MMR administered at least one month apart, or proof of immunity.
      2. Tetanus, Diphtheria, Pertussis (Tdap) – Employees must provide documentation of one (1) dose of the Tdap.
      3. Varicella (Chicken Pox) – Employees must provide documentation of receiving two (2) doses of Varicella vaccine at least four (4) weeks apart or a physician diagnosis or personal recall of Varicella disease or proof of immunity.
    4. Exemptions
      Except as otherwise provided, employees may claim an exemption to an immunization for 1) medical; 2) religious; or 3) personal reason(s), as allowed by Utah Code §53G-9-303.  Each exemption claimed must be accompanied by the appropriate authorized health department exemption form.
    5. Exclusion
      When the local health department verifies that a case or an outbreak of a disease listed in Section C has been identified at a school or other District location, the health department has the authority to exclude individuals from the workplace it determines pose a risk to the public health.  Administrators should cooperate with health department personnel and District nurses to request records of immunization. If the health department determines that an employee must be excluded, the health department official or District nurse shall notify the school/building administrator and the Administrator of Human Resources.  The District will take action according to the following provisions:

      1. Communication with health department.
        In the event an employee is excluded, school/building administrators and other District administrators shall communicate with health department officials regarding such issues as schedules, activities, and other information to mitigate the exclusion from unnecessarily disrupting school/building operation.
      2. Excluded with a personal, medical or religious exemption form.
        1. An employee who is excluded because the employee submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion.
        2. If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.
      3. Excluded with no immunization/immunity record or exemption form.
        1. An employee who is excluded because the employee has been unable to provide a record of immunization/immunity or has not submitted a properly authorized exemption form shall be allowed to use his/her available leave as allowed by policy during the time of exclusion if the exclusion for an outbreak occurs before July 1, 2018.
        2. If the exclusion for an outbreak occurs after June 30, 2018, the excluded employee shall not be allowed to use his/her available leave as allowed by policy, with the exception of Vacation or Personal Leave, during the time of exclusion.
          1. If no Vacation or Personal Leave is available, the employee will be placed on unpaid administrative leave during the time of exclusion.
          2. This unpaid leave will not count towards the 15 day leave of absence limit set forth in DP337 NEG or DP337B NEG.
          3. If a substitute teacher is needed, the District will cover the cost of the substitute during the time of exclusion.

  • Effective: 8/25/2015
  • Revision: 8/30/2016
  • Reviewed:

  1. Board Directive
    This policy is adopted in conformance with the provisions of Nursing Mothers in the Workplace, Utah Code § 34-49-101 et seq and the Utah Antidiscrimination Act, Utah Code § 34A-5-101 et seq.  The Board delegates to the District Administration the responsibility for developing and administering the policy for nursing mothers in the workplace and reasonable accommodations for pregnancy, childbirth, breastfeeding or related conditions.
  2. Administrative Policy
    1. Reasonable Breaks
      With regard to a breastfeeding employee, the District shall provide, for at least one year after the birth of the employee’s child, reasonable breaks to accommodate the employee’s needs to breast feed or express milk.  The District shall consult with the employee to determine the frequency and duration of the breaks.  A break shall, to the extent possible, run concurrent with any other break period otherwise provided to the employee.
    2. Private Location
      The District shall provide for a breastfeeding employee a room or other location in close proximity to the breastfeeding employee's work area.  The room or location may not be a bathroom or toilet stall.  The room or location shall be maintained in a clean and sanitary condition, provide privacy shielded from the view of and intrusion from coworkers or the public, be available for the reasonable breaks as determined in consultation with the District and have an electrical outlet.The District is not required to provide a room or other location if compliance would create an undue hardship on the operations of the District by causing the District significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the District's operations.
    3. Refrigerator or Freezer
      The District shall provide access to a clean and well-maintained refrigerator or freezer for the temporary storage of a breastfeeding employee's breast milk.  For any District employees who do not work in an office building, the District may instead provide a non-electric insulated cooler for storage of the breast milk.
    4. Reasonable Accommodation
      The District will provide a reasonable accommodation for an employee related to pregnancy, childbirth, breastfeeding or related conditions.
      In considering a request for a reasonable accommodation, the District will require a certification from the employee’s health care provider concerning the medical advisability of a reasonable accommodation which must include:

      1. the date the reasonable accommodation becomes medically advisable;
      2. the probable duration of the reasonable accommodation; and
      3. an explanatory statement as to the medical advisability of the reasonable accommodation.

      The District is not required to permit an employee to have the employee’s child at the workplace for purposes of accommodations for pregnancy, childbirth, breastfeeding or related conditions.

  • Effective: 7/1/13
  • Revision: 6/13/17
  • Reviewed:

  1. Board Directive
    The Board of Education recognizes the need for all administrative employees to have a vacation from their regular assigned positions.  All contracted administrative employees are eligible to participate in the administrator vacation program.  The Board delegates to the District Administration the responsibility for developing and administering the administrator vacation policy.
  2. Administrative Policy
    The following administrative policy provisions shall be used for administering the administrator vacation policy:

    1. Administrators will receive twenty (20) vacation days at the beginning of each contract year (frontloaded on July 1).
      1. Administrators earn these days pro rata during the contract year.
      2. Administrators hired after July 1 will receive a prorated number of vacation days that are available to be used on the day that the administrator’s contract begins (frontloaded).  If an administrator resigns or is terminated prior to the end of the contract year, the vacation pay-out amount will be prorated based on the percentage of contract worked, and:
        1. The employee will be compensated, at his/her daily rate (base pay only), for all earned vacation leave not used; or
        2. The employee will be required to reimburse the District, at his/her daily rate (base pay only), for any unearned vacation leave taken.
    2. Vacation days may not be accumulated from one year to the next.  However, vacation days allowed for the current and/or previous year may be taken during June, July, and August with approval of the immediate supervisor.  After August 31, the vacation allowance may not exceed the days accrued for the current year.   Any earned vacation over twenty (20) days not used prior to September 1 will be forfeited.
    3. Generally, vacation leave is to be scheduled during off-peak work seasons.  Employees must submit vacation leave requests, with reasonable advance notice, to their supervisor for approval.
      1. School administrator vacation days are to be used when school is not in session (non-student days).  Year-Round Education (YRE) administrators are exempted from this requirement.
      2. School administrators, not including YRE administrators, may use up to five (5) of their vacation days when school is in session provided that the vacation leave is pre-approved by a supervisor. Taking three (3) or more vacation days in a row when school is in session requires approval fourteen (14) days in advance by the appropriate Administrator of Schools.
    4. Policy DP344 Vacation Schedule for Twelve-Month Personnel does not apply to administrators qualifying under this policy.

  • Effective: 9/17/02
  • Revision:
  • Reviewed: 5/28/13

  1. Board Directive
    The District’s Family and Medical Leave policy is designed to comply with the provisions of the Family and Medical Leave Act (FMLA), 29 USC 2601.  This law entitles eligible employees to receive up to 12 workweeks of unpaid leave each school year (July 1–June 30) for serious medical conditions.  An eligible employee shall be required to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, prior to the use of leave without pay for the family and medical leave period.  The Board delegates to the Administration responsibility for establishing policy for Family and Medical Leave Benefits.
  2. Administrative Policy
    The Family and Medical Leave policy shall be administered according to the following administrative policy provisions:

    1.  Definitions
      1. An “eligible employee” means any employee who has been employed for at least 12 months by the District and worked for at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
      2. The term “employment benefits” means all benefits provided by the District to its employees such as group life insurance, health insurance, disability insurance, sick leave, personal leave, vacation leave and pension or retirement benefits.
      3. The term “eligible family member” means a spouse, son, daughter or parent of the eligible employee.
      4. The term “spouse” is defined in accordance with applicable Utah State law.
      5. The term “son or daughter” means biological, adopted, or foster child, a stepchild, or a legal ward, or a child of a person standing in loco parentis.  A child is less than 18 years of age, or older than 18 years, but incapable of self-care due to mental or physical disability.
      6. The term “parent” means the biological parent of the eligible employee or an individual who stands or stood in loco parentis to an employee when the employee was under 18 or incapable of self-care.  This does not include parents-in-law.
      7. The term “serious health condition” means an illness, impairment, or physical or mental condition that requires:
        1. Inpatient care in a hospital, hospice, or residential medical facility; and any period of incapacity or subsequent treatment in connection with such inpatient care, or
        2. Continuing treatment certified as required by a health care provider.
      8. The term “health care provider” means:
        1. Doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the state in which the doctor practices; or
        2. Any person determined by the secretary of labor to be capable of providing health care services (§29 C.F.R.–825.118); or
    2. Entitlement to Leave
      An eligible employee is entitled to 12 workweeks of leave without pay each school year, (July 1–|June 30) in the event of any of the following:

      1. The birth of a son or daughter of the employee and to care for that son or daughter;
      2. The placement of a son or daughter with the employee for adoption or foster care;
      3. An eligible family member has a serious health condition; or
      4. The employee suffers from a serious health condition that makes the employee unable to perform the essential functions of the employee’s position.
    3. Relation to Other Non-Paid Leave
      Any employee who is entitled to unpaid leave under any other District policy shall be limited to the additional weeks of leave necessary to attain the total 12 workweeks of leave provided by this policy.
    4. Relation to Other Leave
      The District shall require the employee to use accrued personal leave, family leave, sick leave, and vacation leave, as applicable, before the use of leave without pay for the family and medical leave period.  Existing District policy governing appropriate use of sick, personal leave, and vacation days are applicable.  If an employee uses accrued compensatory time, that leave time may not be counted against the FMLA leave entitlement.  The total family leave period, whether paid or unpaid, shall not exceed 12 workweeks.
    5. Employee Leave Notice
      Employees, or an appropriate representative, shall submit a request for family or medical leave 30 days in advance when the need for the leave is foreseeable, or as soon as possible in emergencies.
      The District may designate FMLA leave after the fact only:

      1. If the reason for leave was previously unknown, provided the reason for leave is made within two business days after the employee's return to work; and
      2. The District has preliminarily designated the leave as FMLA pending medical certification.
    6. Intermittent Leave
      Leave due to a serious health condition of an employee or eligible family member may be taken intermittently or on a reduced schedule when medically necessary.  The employee requesting intermittent leave or leave on a reduced leave schedule for planned medical treatment must develop a schedule with his or her immediate supervisor, and, based on input from the health care provider, meets the District’s needs without unduly disrupting the District’s operation.  If an employee requests intermittent leave or leave on a reduced schedule for a foreseeable, planned medical treatment, the District may require the employee to transfer temporarily to an available alternative position with equivalent pay and benefits that better accommodates recurring periods of leave.  The District will make the determination as to whether a position is an equivalent position.
    7. Required Documentation
      The District shall document leave requests which qualify as FMLA leave, and will designate any qualifying leave taken by employees as FMLA leave.  All leave qualifying as FMLA leave shall be designated as such and shall be subject to all provisions of this rule.  No other leave shall be granted until the employee has exhausted his/her 12-week entitlement under FMLA.  The District shall notify the employee in writing of the designation of FMLA within two business days, or as soon as a determination can be made, that the leave requested qualifies as FMLA if the preliminary information is not sufficient to make such determination.
      Written notice to employees shall include the following information:

      1. That the leave will be counted against the employee’s annual FMLA entitlement.
      2. Any requirements for the employee to furnish medical certification of a serious health condition and the consequences for not doing so.
      3. A statement explaining that the employee will be required to exhaust unused personal leave, family leave, sick leave, and vacation leave, as applicable, before going into unpaid leave status.
      4. Any requirement for the employee to make any premium payments to maintain health benefits and the arrangements for making such payments, and the possible consequences of failure to make such payments on a timely basis.
      5. Any requirement for the employee to present a medical release before being restored to employment.
      6. The employee’s right to restoration to the same or an equivalent job upon return from leave.
      7. The employee’s potential liability for payment of health insurance premiums paid by the District during the employee’s unpaid FMLA leave if the employee fails to return to work after taking FMLA leave.
    8. Spouses of Employees Employed by the District
      In any case, where both husband and wife are employees of the District and both seek leave under this policy, such leave shall be limited to an aggregate 12 workweeks during any 12-month period if:

      1. Leave is sought to care for a newborn daughter or son or the adoption of a daughter or son; or
      2. Leave is sought to care for a sick parent.
      3. If the leave is requested for either the husband’s or the wife’s own serious illness or the serious health condition of the couple’s son or daughter, the aggregate 12-workweek limitation in the FMLA does not apply.
    9. Required Medical Certification for Leave
      A certificate issued by a health care provider of the eligible employee or the eligible family member must support all requests for leave under this policy.

      1. The Certificate: “Medical Certification Statement—Employee’s Own Serious Illness” or “Medical Certification Statement for Family Members,” shall be provided within 15 days after leave is requested.
      2. A certificate is sufficient if it states:
        1. the date on which the serious health condition commenced.
        2. the probable duration of the condition
        3. the appropriate medical facts regarding the condition
        4. a statement that the serious medical condition prevents the employee from performing the essential tasks of the applicable employment position or that it requires the employee to attend and care for an eligible family member.
      3. The District may require, at its option and expense, second or third certifications in support of a request for leave.
      4. The District shall require recertification of the necessity for the family or medical leave at reasonable intervals, but not more than every 30 days, unless:
        1. the employee requests an extension of leave.
        2. circumstances described in the previous certification has changed significantly; or
      5. the District receives information that casts doubt on the continuing validity of the certification.
    10. Required Medical Certification for Return
      All employees returning from leave caused by a serious health condition shall provide a certificate addressing the employee’s fitness for duty issued by a health care provider of the eligible employee.

      1. The certificate shall be provided at least seven calendar days before the requested return date.
      2. A certificate is sufficient if it states:
        1. the employee is medically fit to return to work in the previous position.
        2. the appropriate medical facts regarding the employee’s fitness to return to work.
        3. a statement that the serious medical condition no longer prevents the employee from performing the essential tasks of the position.
      3. The District may require, at its option and expense, second or third certification in support of a request to return to work.
    11. Restoration of the Employee
      An employee who takes a leave complying with the provisions of this policy is entitled upon return from leave to:

      1. Be restored to the position held by the employee prior to leave; or
      2. Be provided an equivalent position in terms of benefits, pay and other terms and conditions of employment.
      3. A determination as to whether a position is an equivalent position will be made by the District.
    12. Denial of Restoration
      The District may deny restoration of status or equivalent position, if:

      1. The denial is necessary to prevent substantial and grievous economic injury to the operations of the District.
      2. The District notifies the employee that it intends to deny restoration when it determines that injury to the employee would occur.
      3. The employee elects not to return to employment.
    13. Effects on Benefits
      During the family or medical leave period, the District shall continue to pay its portion of the employee’s group health insurance premium. An employee on family or medical leave must continue to pay his or her portion of the health insurance premium in order to keep coverage in effect.
    14. Non-Accrual of Seniority
      An employee is not entitled to the accrual of any seniority or employment benefits that would have accrued if not for the taking of family or medical leave. An employee who takes family or medical leave will not lose any seniority or employment benefits that accrued before the date leave began.
    15. Failure to Return
      If an employee fails to return to work after unpaid FMLA leave has ended, the District may recover, with certain exceptions, the health insurance premiums paid by the District on the employee’s behalf during unpaid leave.  An employee is considered to have returned to work if he or she returns for at least 30 calendar days.  An exception to this may be made if an employee’s circumstances change unexpectedly beyond their control during the leave period, which make them unable to return to work at the end of twelve workweeks.  Medical certification is required.
    16. Rules Applicable Near End of School Year
      If the employee begins leave more than five weeks prior to the end of the school year, the District may require the employee to continue taking unpaid leave until the end of the school year if:

      1. The leave requested is of at least three weeks duration; and
      2. The return to employment would occur during the one-week period before the end of the school year.
    17. Leave Less Than Five Weeks Prior to the End of School Year
      If the employee begins leave for reasons other than a personal serious health condition which commences less than five weeks prior to the end of the school year, then the District may require the employee to continue to take unpaid leave until the end of the school year if:

      1. The leave requested is of greater than a two-week duration; and
      2. The return to employment would occur during the two-week period before the end of the school year.
    18. Leave Less Than Three Weeks Prior to End of School Year
      If the employee begins leave for reasons other than personal serious health conditions during the period that commences three weeks prior to the end of the school year and the leave is greater than five working days, then the District may require the employee to continue to take unpaid leave until the end of the school year.
    19. Application for Leave
      Forms for application and certification of FMLA are available in the Department of Human Resources office.  Medical records created for the purpose of FMLA and the Americans with Disabilities Act must be maintained in a separate, confidential file.
    20. Posting of Notice
      A notice of rights under this policy, approved by the Secretary of Labor, shall be posted by the District in a conspicuous place on school or District office premises.

Effective: 2/14/2012
Revision: 12/12/17
Reviewed: 9/20/2017


  1. Board Directive
    The Board of Education recognizes that, under extenuating circumstances, an employee of the District may request termination of his/her contract, that the appropriate office of the District may request the termination of a contract, and that by mutual agreement between the District and the employee, an employee's contract may be terminated.  The Board delegates to the Administration the responsibility for developing policy regarding resignations for administrators.
  2. Administrative Policy
    Proper notice of resignation in writing shall be submitted through the Administrator of Schools to the Human Resources Department.  This notice will begin when received by the Human Resources Department.  The resignation policy shall be administered in accordance with the following administrative policy provisions:

    1. Employees are expected to adhere to the conditions of the contract until it has been terminated legally or by mutual consent.
    2. Provided verification is received by the Human Resource department, the employee may be released from the contract at any time for reasons such as maternity or adoption of a child, transfer of spouse, military service, illness, etc. and will not be assessed the $500 fine.
    3. When requesting contract termination, licensed personnel must notify in writing, their Administrator of Schools and the Human Resource department via Employee Access with at least sixty (60) days written notice.  Failure to give such notice will result in an assessment of $500 to be deducted from the last paycheck and may result in attachment of a letter that precludes future employment with the District.
    4. Employees resigning during the contract year will be assessed the costs of a long-term substitute for any leave days used during the last sixty (60) days of their employment except in the case of an immediate, verified medical reason or emergency.
    5. Employees resigning/retiring at the end of the current contract year, who give official notification of resignation/retirement prior to February 1st, will be eligible for a $200 incentive.  This incentive will be paid on the last regular paycheck.

  • Effective: 7/13/2010
  • Revision:
  • Reviewed: 8/30/2016

  1. Board Directive
    The Board believes all employees are role models for students and is committed to providing a safe and secure educational and working environment for students and employees. As part of this effort, the District requires criminal background checks of licensed and non-licensed employees pursuant to Utah Code Ann. §53E-6-401, and Utah Code 53G-11-402, rules, and regulations, and in accordance with this policy.
  2. Administrative Policy
    1. Definitions
      1. “Licensed Educators” or “Licensed Employees” are individuals who hold a valid Utah educator license and have satisfied all requirements to be a Licensed Educator in the Utah public school system or is on a Letter of Authorization from the Utah State Office of Education (USOE) (i.e., school teachers, school administrators, psychologists, counselors, specialists, licensed substitute teachers, etc.).  Licensed Educators may or may not be employed in a position that requires an educator license.  Licensed Educators include individuals who are student teaching, who are involved in an alternative route to licensure program or individuals who hold District specific licenses.
      2. “Non-Licensed Employees” - For purposes of this policy, non-licensed employees includes all classified employees, both full-time and part-time, miscellaneous employees, substitutes, coaches, advisors, nurses, volunteers with significant unsupervised access to students, etc.
      3. “Criminal History Report” is a document generated by the Utah Bureau of Criminal Identification (BCI) and/or Federal Bureau of Investigation (FBI) after a fingerprint-based search of the state and national criminal history files and/or other state and federal databases designated by applicable law or by the District.
      4. “Background Check” means information on an applicant or employee that may include, but is not limited to, employment history, fingerprint scans, Criminal History Reports and driving record reports.
      5. “Prospective Employee” is defined as the individual who is selected as the “successful applicant” for a particular position in the District.  Prospective Employee also includes, but is not limited to, substitutes, coaches and volunteers who have significant unsupervised access to students.  (Utah Code 53G-11-402).
    2. Employment Screening
      1. Utah law requires background checks on all prospective employees.  Accordingly, the District requires each prospective employee to submit to a background check prior to employment or service in the District.  However, the prospective employee may begin working or volunteering while the background check is in process.
      2. The prospective employee shall pay all of the cost of the background check, except as otherwise provided herein.  The background check is a condition of employment or volunteering if:
        1. the prospective employee is selected as the “successful applicant” for the particular job or volunteer position; and
        2. the prospective licensed employee has not been the subject of a background check of similar scope during the preceding two (2) years that was requested by the USOE.
        3. Volunteers with significant unsupervised access to students must also complete a background check but will not be required to pay the cost of the background check.
      3. The prospective employee will be considered an at-will, temporary employee pending results of the criminal background check.  If the prospective employee begins an at-will temporary position and subsequently fails to pass the criminal background check, the offer of employment with the District will be rescinded or the prospective employee will be dismissed.  Upon successful completion of the background check, the at-will employee’s job status would change to a provisional employee as outlined in District policies, if applicable.
      4. The prospective employee shall have opportunity to respond in writing to any information received as a result of the background check.  In no case will the prospective employee be given a copy of the Criminal History Report.  The prospective employee may be given the opportunity to expunge the conviction(s) as outlined in the BCI expungement guidelines.  However, prospective employees with the following types of arrests or convictions will not be considered for employment, regardless of expungement eligibility:
        1. any felony
        2. any sexual offense
        3. any class A misdemeanor drug offense
        4. any offense against a person under Utah Code Title 76-5;
        5. any conviction related directly to the essential functions of the prospective employee’s position
      5. Upon written request by the prospective employee to review the background check, the matter shall be submitted for an administrative review.  The prospective employee shall be granted an informal review at which the prospective employee may present documentary and/or verbal evidence for review and reconsideration.  The decision of the administration regarding this review shall be final.
      6. If a prospective employee is denied employment due to information obtained through a criminal background check, the prospective employee shall be given written notice of reasons for denial and shall have the opportunity to respond to the reasons in writing and to have an informal administrative review as set forth in section B. 5. of this policy.  If a current employee is dismissed from employment because of information obtained through a background check, the District will follow the procedures as outlined in District Policy DP316 NEG Certificated, DP316A Administrators, or DP316B Classified.
      7. Each current employee and prospective employee must agree to have his/her fingerprints taken and sign a document of acknowledgment and waiver permitting the District to request a background check of any state or federal criminal history file that the District might deem applicable as a condition of employment or volunteering.  Student employees under the age of eighteen (18) years are not required to be fingerprinted.
    3. Licensed Employees—Background Checks
      The District shall conduct background checks for all Licensed Employees between January 1 and June 30 in the year in which their licenses are to be renewed through USOE.  The licensed employee will be required to pay the background fee charged by the USOE for the background check.
    4. Licensed Employees—Reporting of Arrests and Convictions
      1. A licensed employee who is arrested for any of the following alleged offenses shall report the arrest to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
        1. any matters involving arrests for alleged sex offenses;
        2. any matters involving arrests for alleged drug-related offenses;
        3. any matters involving arrests for alleged alcohol-related offenses;
        4. any matters involving arrests for alleged offenses against the person under Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person.  This Title and Chapter includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
        5. any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
      2. A licensed employee shall report convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
      3. A licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
      4. A licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
      5. The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
      6. The Superintendent or his/her designee shall report a conviction, arrest, or offense information received from a licensed educator to the USOE within forty-eight (48) hours of receipt of information from licensed educators.  This will be reported on the USOE electronic reporting link on the USOE website, and where reasonable cause exists, an existing employee must submit to a background check.
      7. Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District and will:
        1. include final Administrative determinations and actions following investigation; and
        2. be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
      8. Any failure to report an arrest or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the District’s Orderly Termination Policy (DP316 NEG or DP316A).
    5. Non-Licensed Employees—Background Checks
      The District shall conduct periodic background checks for all Non-Licensed Employees every five (5) years.   The non-licensed employee will be required to pay the applicable background check fee charged by Jordan School District.
    6. Non-Licensed Employees—Reporting of Arrests and Convictions
      1. A non-licensed employee who is arrested for any of the following alleged offenses shall report the arrest to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater:
        1. any matters involving arrests for alleged sex offenses;
        2. any matters involving arrests for alleged drug-related offenses;
        3. any matters involving arrests for alleged alcohol-related offenses;
        4. any matters involving arrests for alleged offenses against the person under Utah Code Ann., Title 76, Chapter 5, Offenses Against the Person.  This Title and Chapter includes, but is not limited to, crimes where a person has assaulted, harassed, abused, neglected, exploited, endangered, kidnapped, murdered, trafficked, raped, sexually assaulted, etc. another person(s); and
        5. any matters relating to arrests for violations of the vehicle code for employees who drive motor vehicles as an employment responsibility.
      2. A non-licensed employee shall report convictions, including pleas in abeyance and diversion agreements, to the Administrator of Human Resources, or his/her designee, within forty-eight (48) hours or the next business day, whichever is greater.
      3. A non-licensed employee will be immediately suspended from student supervision responsibilities for alleged sex offenses and other alleged offenses which may endanger students during the period of investigation.
      4. A non-licensed employee will be immediately suspended from transporting students or driving a public education vehicle for alleged offenses involving alcohol or drugs during the period of investigation, and where reasonable cause exists, an existing employee must submit to a background check.
      5. The District will provide adequate due process for the accused employee consistent with Utah Code 53G-11-202 and applicable administrative procedures established by the District.
      6. The Administrator of Human Resources, or designee, shall review arrest or conviction information and make employment decisions that protect both the safety of students and/or employees and the confidentiality and due process rights of employees.
      7. Records of arrests and convictions shall be placed in the employee’s personnel file upon receipt by the District, and will:
        1. include final administrative determinations and actions following investigation; and
        2. be maintained only as necessary to protect the safety of students and/or employees and with strict requirements for the protection of confidential employment information.
      8. Any failure to report an arrest or conviction required in this policy or failure to authorize the District to conduct a background check will result in disciplinary action, up to and including termination for cause pursuant to the Orderly Termination Policy DP316 NEG or DP316B.
    7. District Responsibilities
      1. When arrest/conviction information is received by the District regarding a Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employment status consistent with Utah Code 53E-6-604, Utah Administrative Code, R277-515, and District policy.  The District will also report the arrest to the USOE within forty-eight (48) hours.
      2. When arrest/conviction information is received by the District regarding a Non-Licensed Employee, the Superintendent or his/her designee shall review that information and assess the employee's employment status consistent with applicable Utah law, rules, regulations, District policy, and any applicable Employment Agreements or Memorandums of Understanding.
      3. The District shall provide appropriate training to Licensed and Non-Licensed Employees about the provisions of this policy for self-reporting and ethical behavior.

  • Effective: 4/27/2010
  • Revision:
  • Reviewed: 12/29/2012

  1. Board Policy
    The District’s Protected Health Information Privacy Policy is designed to comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA restricts the District’s ability to use and disclose protected health information. The administration is charged with the administration of this policy.
  2. Definitions
    1. Protected health information (PHI): Information created or received by the Plan and related to the past, present, or future physical or mental health or condition of a participant and that identifies the participant or for which there is a reasonable basis to believe the information can be used to identify the participant. Protected health information includes information of persons living or deceased.
    2. Workforce: The District’s workforce includes individuals who would be considered part of the workforce under HIPAA such as employees, volunteers, trainers, and other persons whose work performance is under the direct control of the District, whether or not they are paid by the District.
    3. Employee: Includes all types of workers listed above.
    4. Privacy Official: The Privacy Official will serve as the contact person for participants who have questions, concerns, or complaints about the privacy of their PHI.
  3. Administrative Policy
    Jordan School District (the District) self-administers a group health plan (the Plan). Members of the District’s workforce have access to individually identifiable health information of Plan participants (1) on behalf of the Plan itself; or (2) on behalf of the District, for administrative functions of the Plan. Members of the District’s workforce who have access to PHI must comply with this privacy policy. No third party rights, including, but not limited to, rights of Plan participants, beneficiaries, covered dependents or business associates, are intended to be covered by this policy. The District reserves the right to amend or change this policy at any time (and even retroactively) without notice.
  4. Plan’s Responsibilities as Covered Entity
    1. Privacy Official and Contact Person
      The director of Insurance Services shall be the Privacy Official for the Plan.
    2. Workforce Training
      Employees with access to PHI will receive training on privacy policies and procedures. A training schedule will be developed so that all employees with access to PHI receive the training necessary and appropriate to permit them to carry out their functions within the Plan.
    3. Technical and Physical Safeguards and Firewall
      Technical and physical safeguards to prevent PHI from intentionally or unintentionally being used or disclosed in violation of HIPAA’s requirements will be implemented. Technical safeguards include limiting access to information by creating computer firewalls. Physical safeguards include locking doors or filing cabinets.
    4. Privacy Notice
      The Privacy Official is responsible for developing and maintaining a notice of the Plan’s privacy practices that describes:

      • The uses and disclosures of PHI that may be made by the Plan;
      • The rights of individuals under HIPAA privacy rules;
      • The Plan’s legal duties with respect to the PHI; and
      • Other information as required by the HIPAA privacy rules.

      A privacy notice will be sent to Plan participants informing them that the District has access to PHI in connection with its plan administrative functions. The privacy notice will also imform them of the District’s complaint procedures, the name and telephone number of the contact person, and the date of the notice.
      The notice of privacy practices will be placed on the District’s website. The notice will also be individually delivered to all participants:

      • At the time of an individual’s enrollment in the Plan
      • To a person requesting the notice; and
      • Within 60 days after a material change to the notice.

      The Plan will also provide notice of availability of the privacy notice at least once every three years.

    5. Complaints
      The director of Insurance Services will be the Plan’s contact person for receiving complaints.
    6. Sanctions for Violations of Privacy Policy
      Sanctions for using or disclosing PHI in violation of this HIPAA privacy policy will be imposed in accordance with DP316B NEG: Orderly Termination Procedures—Classified, up to and including termination.
    7. Mitigation of Inadvertent Disclosures of Protected Health Information
      Any harmful effect due to an unauthorized disclosure of an individual PHI will be mitigated to the extent possible. If an employee becomes aware of a disclosure of protected health information, either by an employee of the Plan or an outside consultant/contractor that is not in compliance with this policy the Privacy Official shall be contacted so that the appropriate steps to mitigate the harm to the participant can be taken.
    8. No Intimidating or Retaliatory Acts; No Waiver of HIPAA Privacy
      No intimidation, discrimination, or other retaliatory action will be taken against an individual for exercising their right to file a complaint, participate in an investigation, or oppose any improper practice under HIPAA.
      No individual shall be required to waive his or her privacy rights under HIPAA as a condition of treatment, payment, enrollment or eligibility.
    9. Plan Document
      The Plan document shall include provisions to describe the permitted and required uses and disclosures of PHI administrative purposes.
      Specifically, the Plan document shall require the District to:

      1. Not use or further disclose PHI other than as permitted by the Plan documents or as required by law;
      2. Ensure that any agents or subcontractors to whom it provides PHI received from the Plan agree to the same restrictions and conditions that apply to the District;
      3. Not use or disclose PHI for employment-related actions;
      4. Report to the Privacy Official any use or disclosure of the information that is inconsistent with the permitted uses or disclosures;
      5. Make PHI available to Plan participants, consider their amendments and, upon request, provide them with an account of PHI disclosures;
      6. Make the District’s internal practices and records relating to the use and disclosure of PHI received from the Plan available to the Department of Health and Human Services (DHHS) upon request; and
      7. If feasible, return or destroy all PHI received from the Plan that the District still maintains in any form and retain no copies of such information when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.
      8. The Plan document must also require the District to (1) certify to the Privacy Official that the Plan documents have been amended to include the above restrictions and that the District agrees to those restrictions; and (2) provide adequate firewalls.
    10. Documentation
      The privacy policies and procedures shall be documented and maintained for at least six years. Policies and procedures shall be changed as necessary or appropriately to comply with changes in the law, standards, requirements and implementation specifications (including changes and modifications in regulations).
      The privacy policy shall be revised and made available if a change in law impacts the privacy notice. However, such change is effective only with respect to PHI created or received after the effective date of the notice.
      The documentation of any policies and procedures, actions, activities, and designations may be maintained in either written or electronic form. The Plan will maintain such documentation for at least six years.
  5. Policies on Use and Disclosure of PHI
    1. Use and Disclosure Defined
      The District and the Plan will use and disclose PHI only as permitted under HIPAA. The terms “use” and “disclosure” are defined as follows:

      1. Use: The sharing, employment, application, utilization, examination, or analysis of individually identifiable health information by any person working for or within the Insurance Office of the District, or by a Business Associate of the Plan.
      2. Disclosure: For information that is protected health information, disclosure means any release, transfer provision of access to, or divulging in any other manner of individually identifiable health information to persons not employed by or working with the Insurance Office of the District.
    2. Workforce Must Comply With District’s Policy and Procedures
      All employees with access to PHI must comply with this policy.
    3. Permitted Uses and Disclosures for Plan Administration Purposes
      The Plan may disclose to the District for its use the following: (1) de-indentified health information relating to plan participants; (2) Plan enrollment information; (3) summary health information for the purposes of obtaining premium bids for providing health insurance coverage under the Plan or for modifying, amending, or terminating the Plan; or (4) PHI pursuant to an authorization from the individual whose PHI is disclosed.
      The following employees have access to PHI:

      1. Director of Insurance Services who performs functions directly on behalf of the group health plan.
      2. Employees in the District Insurance Office who have access to PHI on behalf of the District for use while performing daily responsibilities
        These employees may use and disclose PHI for Plan administrative functions, and may disclose PHI to other employees with access for plan administrative functions. However, the PHI disclosed must be limited to the minimum amount necessary to perform the plan administrative function. Employees with access may not disclose PHI to other employees unless an authorization is in place or the disclosure is otherwise in compliance with this policy.
    4. Permitted Uses and Disclosures: Payment and Health Care Operations
      PHI may be disclosed to another covered entity for the payment purposes of that covered entity.

      1. Payment: Payment includes activities undertaken to obtain Plan contributions or to determine or fulfill the Plan’s responsibility for provision of benefits under the Plan, or to obtain or provide reimbursement for health care. Payment also includes:
        1. Eligibility and coverage determinations, including coordination or benefits and adjudication or subrogation of health benefit claims;
        2. Risk adjusting based on enrollee status and demographic characteristics; and
        3. Billing, claims management, collection activities, obtaining payment under a contract for reinsurance (including stop-loss insurance and excess loss insurance) and related health care data processing.
          PHI may be disclosed for purposes of the Plan’s own health care operations. PHI may be disclosed to another covered entity for purposes of the other covered entity’s quality assessment and improvement, case management, or health care fraud and abuse detection programs, if the other covered entity has (or had) a relationship with the participant and the PHI requested pertains to that relationship.
      2. Health Care Operations: Health care operations means any of the following activities to the extent that they are related to Plan administration:
        1. Conducting quality assessment and improvement activities;
        2. Reviewing health plan performance;
        3. Underwriting and premium rating;
        4. Conducting or arranging for medical review, legal services and auditing functions;
        5. Business planning and development; and
        6. Business management and general administrative activities.
    5. No Disclosure of PHI for Non-Health Plan Purposes
      PHI may not be used or disclosed for the payment or operations of the District’s “non-health” benefits (e.g., disability, workers’ compensation, life insurance, etc.), unless the participant has provided an authorization for such use or disclosure (as discussed in “Disclosures Pursuant to an Authorization”) or such use or disclosure is required by applicable state law and particular requirements under HIPAA are met.
    6. Mandatory Disclosures of PHI: to Individual and Department of Health & Human Services (DHHS)
      A particular PHI must be disclosed as required by HIPAA in the following situations:

      1. The disclosure is to the individual who is the subject of the information (see the policy for “Access to Protected Information and Request for Amendment” that follows);
      2. The disclosure is made to HHS for purposes of enforcing of HIPAA; or
      3. The disclosure is required by law.
    7. PHI may be disclosed in the following situations without a participant’s authorization, when specific requirements are satisfied:
      1. About victims of abuse, neglect or domestic violence;
      2. For judicial and administrative proceedings;
      3. For law enforcement purposes;
      4. For public health activities;
      5. For health oversight activities;
      6. For cadaveric organ, eye or tissue donation purposes;
      7. For certain limited research purposes;
      8. To avert a serious threat to health or safety;
      9. For specialized government functions;
      10. That relate to workers’ compensation programs;
      11. For treatment purposes; and
      12. About decedents.
    8. Disclosures of PHI Pursuant to an Authorization
      PHI may be disclosed for any purpose if the participant provides an authorization. All uses and disclosures made pursuant to a signed authorization must be consistent with the terms and conditions of the authorization.
    9. Complying With the “Minimum-Necessary” Standard
      When PHI is used or disclosed, the amount disclosed generally must be limited to the “minimum necessary” to accomplish the purpose of the use or disclosure.
      The “minimum necessary” standard does not apply to any of the following:

      1. Uses or disclosures made to the individual;
      2. Uses or disclosures made pursuant to a valid authorization;
      3. Disclosures made to the Department of Labor (DOL);
      4. Uses or disclosures required by law; and
      5. Uses or disclosures required to comply with HIPAA.

      All other disclosures must be reviewed on an individual basis with the Privacy Official to ensure that the amount of information disclosed is the minimum necessary to accomplish the purposes of the disclosure.

    10. Disclosures of PHI to Business Associates
      PHI may be disclosed to the Plan’s business associates and allow the Plan’s business associates to create or receive PHI on its behalf. However, prior to doing so, the Plan must first obtain assurances from the business associate that it will appropriately safeguard the information. Before sharing PHI with outside consultants or contractors who meet the definition of a “business associate,” employees must contact the Privacy Official and verify that a business associate contract is in place.
      Business Associate is an entity that:

      1. Performs or assists in performing a Plan function or activity involving the use and disclosure of protected health information, including claims processing or administration, data analysis, underwriting, etc.
      2. Provides legal, accounting, actuarial, consulting, data aggregation, management, accreditation, or financial services, where the performance of such services involves giving the service provider access to PHI.
    11. Disclosures of De-Identified Information
      The Plan may freely use and disclosure de-identified information. De-identified information is health information that does not identify an individual and with respect to which there is no reasonable basis to believe that the information can be used to identify an individual.
    12. Breach Notification Requirements
      The Plan will comply with the requirements of the HITECH Act and its implementing regulations to provide notification to affected individuals, HHS, and the media (when required) if the Plan or one of its business associates discovers a breach of unsecured PHI.
  6. Policies on Individual Rights
    1. Access to Protected Health Information and Requests for Amendment
      Participants have the right to access and obtain copies of their PHI that the Plan (or its business associates) maintains in designated record sets. Participants also may request to have their PHI amended. The Plan will provide access to PHI and will consider requests for amendment that are submitted in writing by the participants.
      “Designated Record Set” is a group of records maintained by or for the District that includes:

      1. The enrollment, payment and claim adjudication record of an individual maintained by or for the Plan; or;
      2. Other PHI used, in whole or in part, by or for the Plan to make coverage decisions about an individual.
    2. Accounting
      An individual has the right to obtain an accounting of certain disclosures of his or her own PHI. This right to an accounting extends to disclosures made in the last six years, other than disclosures for the following reasons:

      1. To carry out treatment, payment or health care operations;
      2. To individuals about their own PHI;
      3. Incident to an otherwise permitted use or disclosure;
      4. Pursuant to an authorization;
      5. For purposes of creation of a facility directory or to persons involved in the patient’s care or other notification purposes;
      6. As part of a limited data set;
      7. To correctional institutions or law enforcement when the disclosure was permitted without authorization; or
      8. For other national security or law enforcement purposes.

      The Plan shall respond to an accounting request within 60 days. If the Plan is unable to provide the accounting within 60 days, it may extend the period 30 days, provided that it gives the participant notice including the reason for the delay and the date the information will be provided.
      The accounting must include the date of the disclosure, the name of the receiving party, a brief description of the information disclosed, and a brief statement of the purpose of the disclosure, or a copy of the written request for disclosure, if any.
      The first accounting in any 12-month period shall be provided free of charge. Subsequent accountings will be charged a fee for time and material.

    3. Requests for Alternative Communication Means or Locations
      Participants may request to receive communications regarding their PHI by alternative means or at alternative locations. For example, participants may ask to be called only at work rather than at home. Such requests may be honored if, in the sole discretion of the District, the requests are reasonable. However, the District shall accommodate such a request if the participant clearly provides information that the disclosure of all or part of the information could endanger the participant.
    4. Requests for Restrictions of Uses and Disclosures of Protected Health Information
      A participant may request restrictions on the use and disclosure of her/her PHI. An attempt to honor the request will be made if the request is reasonable.

  • Effective: 6/12/2007
  • Revision:
  • Reviewed: 12/27/2012

  1. Board Directive
    The Board recognizes that it is in the best interest of students to have employees on the job each contract day, and delegates to the administration responsibility for administering an Attendance Incentive policy for qualifying employees.
  2. Administrative Policy
    The Attendance Incentive policy shall be administered according to the following provisions:

    1. Funds recouped for "no pay" days, based on average salary shall be distributed equally to those employees paid on the administrative salary schedule whose sick leave, personal leave, or "no pay" days during the contract year total between 0-2 days when rounded upward.  These funds will be supplemented by an annual contribution equivalent to a 0.5 percent increase contribution of the cost of the administrative salary schedule.
    2. These funds shall be distributed according to the following:
      1. Employees must complete a full contract year to be eligible.
      2. Only those employees eligible for fringe benefits can be the recipients of this program.
      3. Payment will be made on the regular July check based upon "no pay" days used from July through June.
      4. The following method will be used for calculating the dollar value of this incentive for each eligible employee:
        1. Employees will be assigned a point value based on the total number of absences according to the following:
          No absences        5.5 points
          One absence        3.0 points
          Two Absences     1.5 points
        2. Total funds available shall be divided by the total points earned, which shall result in a dollar value per point.