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Category: Human Resources (DP 300 – DP399)

Published on
  • 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—Education Support Professionals, 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.

Published on
  • Effective: 6/12/2007
  • Revision: 6/8/2021
  • 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 administrative policy 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, annual leave, or "no pay" days during the contract year total between four (4) to six (6) 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 requirements:
      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:
          Four (4) absences        5.5 points
          Five (5) absences         3.0 points
          Six (6) 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.

Published on
  • Effective: 3/21/2006
  • Revision: 7/22/2014
  • Reviewed: 7/25/2017

This policy only applies to employees who were hired before July 1, 2006, and who retire from the District and the Utah Retirement Systems after June 30, 2006.

  1. Board Directive
    It is the intent of the Board to:

    1. Implement procedures for terminating District post-retirement benefits to employees.
    2. Comply with the Age Discrimination in Employment Amendments of 1986 (P.L. No. 99-592).  An employee's age shall not be a factor in determining separation from employment.
    3. Eliminate policies DP319 NEG, Retirement–Licensed; DP319B NEG, Retirement–Classified;  DP320, Early Retirement Incentive for Administrators (Voluntary) and DP321 NEG, Early Retirement Incentive–Licensed (Voluntary) for any employee retiring after the start of their 2006-07 contract or any employee hired after July 1, 2006.  If the employee retired with the District and the Utah Retirement Systems before the 2006-07 contract year, the following policies apply: DP319 NEG, DP319B NEG, DP320 and DP321 NEG.
    4. Provide a frozen benefit for employees hired prior to July 1, 2006.
    5. Allow all regular full-time employees participating to purchase years of service as allowed by Utah Retirement System.
  2. Administrative Policy
    1. Eligibility
      This policy pertains to eligible employees who meet all of the following criteria:

      1. Hired before July 1, 2006.
      2. Was an active employee at the end of the 2005-06 contract year.  Those on official leaves of absence or sabbatical leaves are considered active employees (however, for this policy, to determine the amount used and eligibility, refer to the previous year paid).  Those on disability or personal leaves are not considered active employees since their employment was terminated at the time of their leave.
      3. Retires from the District and under the provisions of the Utah State Retirement Systems, at the same time, after the beginning of the 2006-07 contract year.
    2. Notification of Intent to Retire
      1. An employee must give notice of intent to retire in writing at least 30 days (60 days for Administration) before the effective retirement date to the Human Resources Department to facilitate an appropriate time to hire a replacement for the position being vacated.  Failure to do so will result in a $500 penalty and a letter of unprofessional conduct placed in the employee's personnel file.
        before the effective retirement date to the Human Resources Department to facilitate an appropriate time
      2. The Director of Payroll, or his/her designee, shall provide assistance to retiring District employees with their District retirement benefits.  Application for State retirement benefits should be coordinated through the Utah Retirement Systems.
    3. Scaling Down of Benefit Calculation
      Under each of the following cash payments (Sick and Personal Leave Bonus, $75 per Year Service Credit, Cash in Lieu of Insurance, and Early Retirement Incentive) the calculated amount will be multiplied by the following factor.  Those with 25 or more full-time equivalent contract years as of the end of the 2005-06 contract year will receive 100 percent of the calculated amount and those with less than 25 years have a 3.06 percent reduction for each year under 25 years as follows:

      Full-Time Equivalent Contract Years in Jordan School
      District at the End of the 2005-06 Contract Year

      Multiplication
      Factor

      25+
      25
      24
      23
      22
      21
      20
      19
      18
      17
      16
      15
      14
      13
      12
      11
      10
      9
      8
      7
      6
      5
      4
      3
      2
      1

      1.0000
      1.0000
      0.9694
      0.9388
      0.9082
      0.8776
      0.8470
      0.8164
      0.7858
      0.7552
      0.7246
      0.6940
      0.6634
      0.6328
      0.6022
      0.5716
      0.5410
      0.5104
      0.4798
      0.4492
      0.4186
      0.3880
      0.3574
      0.3268
      0.2962
      0.2656
    4. Benefits
      The first three of the following benefits are applicable to all three employee groups (Licensed, Classified, and Administrative).  The fourth benefit, Retirement Incentive, is only applicable to Administrative and Licensed employees.

      1. Sick and Personal Leave Bonus:
        Eligible employees will be paid for unused sick, personal leave days, and alternative leave days up to the end of their 2005-06 contract.  This will be paid at the time of retirement based on 30 percent for Classified and 25 percent for Licensed and Administrative employees' 2005-06 lane and step (daily rate).

        1. Daily rate at the end of the 2005-06 contract year is used for figuring the value of unused sick leave (Licensed use the standard 184-day contract - C salary schedule).
        2. Total eligible days will be computed at the rate of one (1) day per basic contract month from the date of continuous employment in the District up to the end of the 2005-06 contract.  For example, nine (9) days per year for nine-month employees, 11 days per year for 11-month employees, and 12 days per year for 12-month employees.
        3. Sick days used, including sick bank days and family health days used, from the date of continuous employment in the District up to the end of the 2005-06 contract will be subtracted from the total possible accumulation.  Emergency days used between July 1, 1993, and July 1, 1997, are also subtracted from the total accumulation.
        4. The maximum benefit is 180 days for nine-month employees, 220 days for 11-month employees, and 240 days for 12-month employees.
        5. Additional days will be added to this maximum benefit at the rate of two (2) days for each year (up to the end of the 2005-06 contract year) that no more than one (1) day of sick leave was used, including days deducted for sick leave bank and family sick days.
        6. Additional days will be added to this maximum benefit for Alternative Leave Days and Personal Leave Days not used up to the end of the 2005-06 contract year.
        7. At the time of retirement, if an employee has fewer days available than were accrued at the end of the 2005-06 contract, then the incentive amount will be reduced to reflect the lower number of days.
          Example 1:  An employee has his/her days figured according to the above outlined formula (A. through F.) and has 106 total days allowed for the sick leave payout at the end of the 2005-06 school year.  In the 2006-07 school year if the employee accrued 15 new sick leave days and used 25 sick leave days and then retired at the end of the school year, the employee total days allowed of 106 would be reduced to 96 days for the retirement payout.
          Example 2:  An employee has reached the maximum days allowed for his/her contract and does not show any new accrued days.  At the time of retirement a calculation will be done to show what days would have accrued if the employee had not reached the maximum allowed.  These examples show an employee whose maximum days allowed is 180 and works until the 2013-14 school year before retiring:
          Employee A:  Would have earned 15 days per year during eight additional years of employment equaling 120 days and during the eight-year period used 50 days.  There is no change from the retirement sick leave calculated at the end of 2005-06.
          Employee B:  Accrued 15 days during the eight more years of employment equaling 120 but his/her usage during the eight-year period amounted to 150 days.  His/her calculated sick leave retirement benefit would be reduced by 30 days.
        8. Employees will continue to accrue leave days beyond the 2005-06 contract.
        9. Retirees with 25 years of service with the Utah State Retirement Systems have the option of authorizing the District to use the sick and personal leave bonus and the $75 per year service award to purchase additional service credit for the employee through the State Retirement System.  Compensation used to purchase service credit is not reported as income to the employee.
        10. The above calculated dollar amount will be multiplied by the applicable factor in item C.
          Note:  This formula for retirement benefit has no relationship to the amount of available eligible sick leave days shown on the Time and Attendance Report or on the employee's check stub.
      2. $75 per Year Service Award:
        At the time of retirement, a one-time payment will be made of $75 for each year of service in Jordan School District up to the end of the 2005-06 contract year.  This dollar amount will be multiplied by the applicable factor in item C.  (For example, 24.68 years multiplied by $75 equals $1,851 multiplied by the applicable yearly factor (0.9694) equals a one-time payment of $1,794.)
      3. Cash in Lieu of Health and Life Insurance Benefits for Retirees
        1. Health and Life Insurance
          1. Employees working fewer than four hours per day (at the end of the 2005-06 contract year) are not eligible for this retiree insurance benefit.
          2. This benefit shall be calculated using contracted full-time equivalent years of service in Jordan School District.  Years of service will be calculated on full-time equivalents; e.g. two years of half-time service equal one year of full-time service, up to the end of the 2005-06 contract year.
          3. The amount paid to the retiree shall be based on the 2005-06 District paid composite rate of insurance of $7,560 per insurance year earned and the current District Medicare supplemental rate (not less than $1,812 a year and not to exceed $7,560 a year) per insurance year earned beyond the age of Medicare eligibility (in 2005-06, age 65).  If the District does not have a Medicare supplemental rate, the rate to be used will be based on $1,812 for 2006-07 and will increase five percent for each year thereafter (not to exceed $7,560 a year) as follows:
            2006-07
            2007-08
            2008-09
            2009-10
            2010-11
            2011-12
            2012-13
            2013-14
            2014-15
            2015-16
            2016-17
            2017-18
            2018-19
            2019-20
            2020-21
            2021-22
            $1,812
            $1,903
            $1,998
            $2,098
            $2,202
            $2,313
            $2,428
            $2,550
            $2,677
            $2,811
            $2,952
            $3,099
            $3,254
            $3,417
            $3,588
            $3,767
            2022-23
            2023-24
            2024-25
            2025-26
            2026-27
            2027-28
            2028-29
            2029-30
            2030-31
            2031-32
            2032-33
            2033-34
            2034-35
            2035-36
            2036-37
            $3,955
            $4,153
            $4,361
            $4,579
            $4,808
            $5,048
            $5,301
            $5,566
            $5,844
            $6,136
            $6,443
            $6,765
            $7,103
            $7,458
            $7,560

            For example, if the employee retires at age 63 and has 4.80 insurance years, the retiree would receive two years at $7,560 a year and 2.80 years at the current supplemental rate, or the amount above if no District rate is available (no less than $1,812 and not to exceed $7,560) per year.

          4. The number of insurance years to be paid shall be computed by multiplying the full-time equivalent years in the District by 0.2 and rounding to the nearest month.  For example, 24.25 years in the District equals 4.85 years of insurance which rounds to 58 months.
          5. The amount calculated above will be paid to the employee over the same period of time calculated in item (4) above in monthly installments as earnings (which is taxable).  If, in the future, other payment options become legal (as determined by District legal counsel or the IRS) and appropriate (i.e. tax deferred, health savings account, flex plan) the District will allow such options.
          6. Employees who complete their contract and retire effective at the end of their contract year shall be covered under their regular contract insurance plan to the end of the contract year.  The cash in lieu of retiree insurance coverage shall commence with the next contract year and shall continue for the number of years indicated by item (4) above.
          7. Should an employee retire before the end of the contract year, their employee health insurance coverage terminates on the last day of the month of employment effective Sept. 1, 2010.  The payments for the cash in lieu of insurance coverage begin the following month.
            (8) The above calculated dollar amount will be multiplied by the applicable factor in item C.
        2. Insurance Lump-Sum Payout
          The retiree may choose to receive the entire insurance benefit in one lump-sum payment.  The lump-sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.  If this option is chosen, and the retiree returns to District employment during the calculated payout period, the employee is not eligible for District-paid insurance.  The employee may at his/her option purchase health insurance at the retiree insurance rate (not the employee insurance rate).
          Insurance monies received in a lump sum are taxable. These funds, once paid to the employee, may be used at the employee's discretion, including the purchase of retirement credit.
        3. Insurance Benefits for Retirees Enrolled in COBRA
          Upon retirement, the employee may elect to receive insurance benefits through COBRA.  This is a federal law requiring employers to give former employees and their dependents the option to purchase insurance from the former employer at the rate of 102 percent of the premium cost for 18 months.  For more information on COBRA coverage and how it affects the spouse or dependents of the employee, please contact the Insurance Department.
        4. Retiree Purchase of Insurance
          Beginning with the 2006-07 contract year, those employed at the end of the 2005-06 contract year, who later retire with the Utah State Retirement Systems and Jordan School District at the same time, will be able to purchase health insurance through Jordan School District using the following guidelines:

          1. Retirees must have worked ten (10) full-time equivalent years in Jordan School District by the time they retire (including years before and after the 2005-06 contract year) to qualify for the retiree health insurance benefit.
          2. Health insurance must be continuous from the date of retirement.  Any lapse in coverage will cause forfeiture of the benefit.
          3. The retiree must remain on the health insurance plan for eligible dependents to enroll.
          4. The retiree must elect COBRA coverage at 102 percent of the yearly premium amount for the first 18 months after retirement.
          5. After COBRA coverage has ended, the health insurance premiums for retirees will be based upon 110 percent of the current yearly premium for the next six months.
          6. After the 110 percent six-month period has ended, the health insurance premiums for retirees will be based upon a percentage added to the yearly premium.  The percentage added to the yearly District premium will be reassessed annually and be based on the average of the three prior years of actual retiree claims data.
          7. A retiree, or his/her dependents, are no longer eligible to purchase District insurance coverage upon the death of the retiree or when the retiree becomes Medicare eligible. (COBRA coverage will be offered to eligible dependents.)
          8. If the employee had dual coverage during employment (i.e. spouse working for the District as well), and the couple purchases couple coverage into retirement and the spouse dies, the retiree will have the option to purchase insurance as if he/she chose single coverage when he/she retired, unless the retiree took the insurance lump-sum payout.
          9. If the retiree returns to Jordan School District employment and works beyond earned months of the insurance payout and then terminates employment, the retiree will be given a COBRA offer for the continuation of insurance for up to 18 months.  Beyond COBRA coverage, the retired employee will no longer be eligible to purchase further insurance coverage.
        5. All District insurance benefits, including the cash in lieu of insurance coverage, terminate at the time of the retiree's death.
        6. If a retiree returns to Jordan School District/or Canyons District employment while still eligible for the cash in lieu of insurance payout, the retiree may choose District-provided health insurance or continue receiving the cash in lieu payment.
          (1) The payout months will run concurrent with active months.
          (2) The payout months will not be postponed or delayed while actively employed.
        7. Future changes in federal or state law can change this benefit.  It is not the intent for this policy to be given in addition to obligations mandated or provided by governing bodies in the future (e.g. state or national health plans).  Under these circumstances the employee will no longer be eligible for this cash in lieu of insurance payment.
      4. Retirement Incentive
        1. Only licensed and administrative employees as of the end of the 2005-06 contract year, who later retire with the District under the provisions of the Utah Retirement Systems, are eligible for this benefit.
        2. Employees working fewer than four hours per day (at the end of the 2005-06 contract year) are not eligible for this retiree benefit.
        3. This benefit shall be calculated using contracted full-time equivalent years of service in Jordan School District.  Years of service will be calculated on full-time equivalents (e.g. two years of half-time service equal one year of full-time service) up to the end of the 2005-06 contract year.
        4. For a period of time described below:
          1. Licensed retirees will receive a percentage of the difference between Lane A, Step 1, of the 2005-06 Teachers Salary Schedule C (see attached schedule) and that lane and step which the employee was on at the end of the 2005-06 contract year.  Retirees paid on any other salary schedule shall have their salary placement converted to the full-time equivalent lane and step on the C schedule to calculate this benefit.
          2. Administrative retirees will receive a percentage of the difference between Lane A, Step 1, of the 2005-06 Teachers Salary Schedule C (see attached schedule) and Lane G, Step 25 of the 2005-06 Teachers Salary Schedule C, plus 10 percent of the difference between the Administrator's 2005-06 salary and the amount on Lane G, Step 25, of the 2005-06 Teachers Salary Schedule C.
        5. The percentage referred to in item d. above shall be the lower of 58 percent or 1.93333 percent for each year in the District.  For example, 24.25 years equals 46.88 percent.
        6. The above calculated amount will be multiplied by the applicable factor in item C.
        7. The amount calculated above is paid for four (4) years.  Upon retirement, an employee has four options:
          1. An employee retiring during the contract year will be paid monthly commencing the month following the actual retirement date.  Employees retiring at the end of the contract year will receive a monthly entitlement commencing with the July 1 pay period.
          2. The retiree may authorize the District to purchase additional service credit for the employee through the State Retirement Systems as allowed by the Utah State Retirement Systems and Utah State law (See Senate Bill 34 passed by the State Legislature in 1995).  The lump sum amount used to procure retirement credit shall be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
          3. The retiree may receive the monthly benefit for the remainder of the current fiscal year (ending June 30) in a lump sum payment.  The prime interest rate (at the end of the previous quarter) plus two percent will be imposed to offset the District's loss of interest earnings.
          4. The retiree may receive the entire retirement in one lump sum.  The lump sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
        8. If the retiree should die at any point between actual retirement and the four-year entitlement, a one-time lump sum death benefit payment still due the retiree will be paid to the designated surviving beneficiary as listed at the time of retirement on District life insurance forms, unless a change in beneficiary status has been filed with the District.  The lump sum payment will be discounted by the prime interest rate (at the end of the previous quarter) plus two percent for each year to offset the District's loss of interest earnings.
    5. Post Retirement
      If an employee has retired under the Utah State Retirement Act and desires to be rehired, he/she must meet the provisions of the current Utah Code:

      1. Retirees desiring to be rehired by the District must make application to Jordan School District.
      2. Employees who have retired and are then rehired will not be placed on a step greater than:
        1. Classified employees –Step 3 Lane B. (Effective July 1, 2013-Step 4 of the appropriate lane)
        2. Licensed employees – See policy DP309 NEG - Salary Guidelines
        3. Administrative employees – Step 5
          This provision does not supersede policies DP307, Staff Selection, Promotion, and Salary Placement–Classified item II. D. 6.; and DP309 NEG, Salary Guidelines item II. F.
      3. A person who retires and returns to work for Jordan School District or Canyons District while still eligible for the cash in lieu of insurance payout, the retiree may choose District-provided health insurance or continue receiving the cash in lieu payout.
      4. Employees who have retired and are then rehired serve one year as a provisional employee and all policies regarding provisional status must be followed.

2005-06
TEACHERS SALARY SCHEDULE C

Hours Represented on the Lanes are Hours Earned Beyond and After
Bachelor's Degree and Original Teaching License

BACHELOR'S PLUS 90 QTR/60 SEM = LANE D + $500 - DOCTORATE = LANE G + $1,200 - NATIONAL BOARD CERT +$1000

Step

Bachelor's
Degree

Graduate and/or Approved Credit
Earned After Bachelor's Degree

Master's
Degree

Graduate
Hours
and/or
Credit
Earned After
Master's

Lane A

Lane B

Lane C

Lane D

Lane E

Lane G

Bachelor's
Degree

B + 30
quarter or
20 semester

B + 45
quarter or
30 semester

B + 60
quarter or
40 semester

Master's
Degree

M + 45
quarter or
30 semester

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

 $26,382
$26,382
$26,382
$27,614
$28,907
$30,258
$31,676
$33,161
$34,714
$36,816
$37,001
$37,001
$37,001
$37,001
$37,001
$37,001
$37,741
$37,741
$37,741
$37,741
$38,011
$38,011
$38,011
$38,011
$38,678

 $26,968
$26,968
$26,968
$28,211
$29,512
$30,874
$32,300
$33,785
$35,342
$36,974
$39,187
$39,383
$39,383
$39,383
$39,383
$39,383
$40,171
$40,171
$40,171
$40,171
$40,457
$40,457
$40,457
$40,457
$41,155

 $27,311
$27,311
$27,311
$28,574
$29,890
$31,270
$32,708
$34,218
$35,797
$37,446
$39,688
$41,513
$41,721
$41,721
$41,721
$41,721
$42,555
$42,555
$42,555
$42,555
$42,859
$42,859
$42,859
$42,859
$43,587

 $27,778
$27,778
$27,778
$29,031
$30,344
$31,716
$33,151
$34,649
$36,210
$37,849
$40,068
$41,911
$43,784
$44,004
$44,004
$44,004
$44,881
$44,881
$44,881
$44,881
$45,202
$45,202
$45,202
$45,202
$45,958

 $29,187
$29,187
$29,187
$30,468
$31,808
$33,209
$34,671
$36,198
$37,786
$39,453
$41,347
$42,998
$44,886
$47,481
$47,718
$47,718
$48,675
$48,675
$48,675
$48,675
$49,022
$49,022
$49,022
$49,022
$49,824

 $30,501
$30,501
$30,501
$31,847
$33,246
$34,709
$36,234
$37,828
$39,494
$41,232
$43,046
$44,937
$46,914
$49,621
$49,870
$49,870
$50,867
$50,867
$50,867
$50,867
$51,229
$51,229
$51,229
$51,229
$52,060

Published on
  • Effective: 6/8/2004
  • Revision: 8/11/2020
  • 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-11-516.  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. If an employee is subject to a RIS at a school and a position for which they are qualified opens up at the same school before ten (10) calendar days prior to the New Teacher Induction, the employee has the option to return to their school.  At the time of the RIS meeting with the principal, the employee will sign a form indicating whether or not he/she wants to return to the school. If no, the principal has no obligation to contact the employee and may move forward with the hiring process. If yes, the principal must use the two methods indicated on the RIS form and wait 48 hours to hear from the employee before proceeding with the hiring process. If the employee responds to the principal within 48 hours, the principal must allow the employee to return to his/her original position, canceling the RIS. 
      7. An employee subject to a RIS will be given the opportunity to substitute for up to one year at the same pay and benefits as if they had retained their previous position. 
      8. 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.  If after a RIS and one year serving as a substitute teacher, 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

 

Published on
  • Effective: 1/7/03
  • Revision: 10/29/2024
  • Reviewed: 5/28/13
  1. Board Directive
    The Board of Education is committed to providing an employment environment that is free from unlawful harassment and other forms of unlawful discrimination based upon race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  It is the intent of this policy to prohibit discrimination or harassment against any individual or class of persons specifically enumerated as protected under the Civil Rights Acts of the United States and the Utah Anti-Discrimination Act (UCA §34A-5-101 et seq.).  It is not the intent of this policy to broaden coverage beyond those classifications specifically protected by federal or state statute.  The responsibility for policy regarding employee discrimination and harassment is delegated to the District Administration.
  2. Administrative Policy
    This policy is adopted to assist Jordan School District employees in moving toward a workplace that is free of unlawful discrimination or harassment.  It is the policy of Jordan School District to provide fair, expeditious and uniform procedures for investigation and resolution of claims of unlawful discrimination or harassment.

    1.  Definitions
      1. Clearly Offensive Conduct:  That conduct, be it verbal or nonverbal, which when perceived in its overall context, would be taken by a reasonable person, similarly situated, to be strongly objectionable.
      2. Complainant:  A person who files a written or oral complaint about unlawful discrimination or harassment.
      3. Compliance Officer: Person or persons designated by the Superintendent to receive and process complaints of unlawful discrimination or harassment (harassment or discrimination based on membership in a protected category, i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity).
      4. Demeaning or Derisive Behavior:  Unlawful behavior which substantially lowers the status, dignity or standing of another individual, or which insults or otherwise belittles or shows contempt for another individual.
      5. Disability:  An individual's physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.
      6. Discrimination: Conduct, including words or gestures and other actions, which adversely affects an employee’s working environment or results in disparate treatment based upon membership in a protected category (i.e. race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity.  Discrimination does not include referral to or use of regular District Administration processes relating to employee evaluation and discipline.
      7. Harassment: A form of discrimination that includes unlawful conduct of an offensive nature that is demeaning or derisive or occurs substantially because of the employee’s membership in a protected category (i.e., race, color, sex, pregnancy, childbirth or pregnancy-related conditions, religion, national origin, age (if the individual is 40 years of age or older), disability, sexual orientation or gender identity) and which creates a hostile work environment.  Harassment may include but is not limited to any of the three categories listed below:
        1. Generalized Harassment:  Includes intentional behavior directed at an entire group which is based on demeaning or derisive stereotypes, and is severe enough that it creates a hostile working environment. Examples include comments or jokes, physical gestures, or visual displays such as posters, etc.
        2. Individually Targeted Harassment:  Includes intentional, criminal or non-criminal behavior that is targeted at an individual or particular members of a group, which can be verbal, physical, or visual that is severe enough or pervasive enough that it adversely affects the working environment. Examples include negative or offensive comments, jokes, suggestions, or gestures directed to an individual's or group's race, ethnicity or national origin.
        3. Criminal Harassment:  Harassing behavior which violates state or federal criminal statutes. Examples include criminal assault, sexual assault, rape, criminal mischief, stalking, arson, or trespass.
      8. Respondent:  A person named in a discrimination or harassment complaint as having engaged in or being responsible for a discriminatory or harassing act or omission.
      9. Retaliation:  Any form or sanction, restraint, coercion, discrimination, harassment, or adverse treatment against a person because that person has asserted, or has assisted another person to assert, a discrimination or harassment complaint in either a formal or informal manner with the District, or with any state or federal agency, or because that person has testified, assisted or participated in any manner in an investigation, proceeding or hearing related to a discrimination or harassment complaint.
      10. Sexual Harassment: All complaints of sexual harassment should be directed first to the Title IX Coordinator for a preliminary jurisdictional review. If the complaint falls under Title IX jurisdiction, it shall be addressed through policy AA452 — Title IX Sexual Harassment. If it does not fall under Title IX jurisdiction, the complaint shall be dismissed for purposes of Title IX and directed back to Human Resources for investigation pursuant to this policy.
        Sexual harassment is a form of sex discrimination.  It consists of unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature that is based on one or more of the following conditions:

        1. Submission to such conduct is made either explicitly or implicitly as a term or condition to work benefit.
        2. Submission to or rejection of such conduct by a co-worker is used as the basis for decisions affecting the work environment.
        3. Such conduct has the purpose or effect of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive working environment.
        4. Sexual harassment includes:
          1. Hostile Environment:  The three levels of hostile environment are the same as those listed above in 7. a.-c.; e.g., generalized harassment, individually targeted harassment, and criminal harassment.
          2. Harassment which culminates in a tangible action which alters the conditions of the working environment (previously called quid pro quo).
    2. Complaint Procedure
      1. The following options are available for those who believe they are victims of discrimination or harassment, or who witness such acts:
        1. Seek to resolve issue through a supervisor or administrative personnel.
        2. Report the concern by calling the District Non-Compliance Hotline or completing the form on the District Non-compliance webpage.
        3. Register a formal complaint with the District Compliance Officer who will initiate an initial assessment and possible investigation.
      2. Any employee who knows of a violation of this policy must report such conduct to a supervisor, administrator, or the District Compliance Officer.
      3. The initial allegation of discrimination or harassment may be submitted either verbally or in writing to the immediate supervisor/administrator. A complaint made to the District Compliance Officer must be in writing.
    3. Investigative Procedures
      1. Initial Assessment: When any complaint is filed under this policy or when a complaint is referred through this policy from the Title IX Team, an initial assessment is conducted to determine whether the reported conduct falls under the scope of this policy.
        1. This assessment involves a preliminary review of the details provided in the complaint to decide if the alleged conduct, if proven true, would constitute a violation of this policy.
          1. If the alleged conduct would not (even if proven true) constitute a violation of this policy, the matter will be dismissed in favor of Human Resources assistance, such as mediation or other policy involvement.
          2. If the alleged conduct would constitute a violation of this policy, the matter will be assigned for investigation.
      2.  If an investigation reveals evidence of criminal conduct, the matter will be referred to local law enforcement for criminal investigation.  The District will conduct its own internal investigation independent of law enforcement officials to determine whether District policy was violated.
      3. All investigations will be treated with discretion to protect the privacy of those involved. All efforts will be made to treat the information as confidential; however, absolute confidentiality of all information obtained through an investigation cannot be guaranteed.
      4. The respondent (person alleged to have engaged in the reported conduct) may not contact the complainant during an investigation without the permission of District.
      5. When conducting investigations, the District Compliance Officer shall disclose his/her role as a neutral investigator rather than an advocate for any party. The extent of the investigation will be determined, among other factors, by the nature and severity of the charges.
      6. An investigation shall be completed with fairness and reasonable speed, typically within 30 working days of receipt of the complaint, unless extenuating circumstances require a longer period.
      7. After the conclusion of the investigation, the District Compliance Officer shall provide all parties a written disposition of the complaint.
      8. The parties will then have 10 working days to provide written responses to the report and have them considered by the District Compliance Officer.
    4. Disciplinary Procedures
      Any employee who has been found in violation of this policy will be subject to the following disciplinary procedures:

      1. A first substantiated offense, if minor in nature, will result in a written reprimand to be entered in the employee's personnel file.  Should the first offense be determined to be of a serious nature, the employee will be subject to disciplinary action up to and including termination in accordance with District Policy DP316 NEG – Orderly Termination Procedures.
      2. A second substantiated offense shall result in  disciplinary action up to and including termination in accordance with District Policy DP 316 NEG – Orderly Termination Procedures.
    5. Retaliation
      Retaliation under this policy is prohibited.  Individuals found to have engaged in retaliatory conduct will face disciplinary action, up to and including termination in accordance with District Policy DP316 NEG– Orderly Termination Procedures.
    6. Records
      Records of all discrimination or harassment complaints shall be maintained by the District. Information gathered, developed, and documented in the investigation will be classified as a protected record.
    7. Outside Reporting Procedures
      Nothing in this policy shall prohibit a person from filing a discrimination or harassment claim with Utah Anti-Discrimination and Labor Division (UALD) or the Equal Opportunity Commission (EEOC).  If an employee pursues a claim of discrimination or harassment, he/she should be aware that Utah is a “dual filing” state, which means that a complaint filed with the UALD will be forwarded to the EEOC.  An employee has 180 calendar days from the alleged date of discrimination or harassment to file a claim with the UALD.

Published on
  • Effective: 6/11/2002
  • Revision: 9/8/2009
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board recognizes the need for consistent attendance by dependable personnel to provide a quality education for students and to keep the District operating effectively and expects personnel to give proper notification to their supervisors when they are absent from their positions.    The Board delegates to the Administration the responsibility for policy regarding abandonment of position.
  2. Administrative Policy
    Personnel refers to all licensed, education support professional, administrative and part-time employees of Jordan School District.  The following administrative policy provisions shall be used in implementing this policy:

    1. Workers who are absent from work for three (3) consecutive working days and are capable of providing proper notification to their supervisor, but do not, shall be considered to have abandoned their position.
    2. An immediate supervisor may recommend the termination of an employee who has been deemed to have abandoned his/her position.  The employee shall be informed of the action in writing by the Administrator of Human Resources.
    3. The employee shall have the right to appeal to the Administrator of Human Resources within five (5) working days of receipt or delivery of the notice of abandonment to the last known address.
    4. If the termination action is appealed, the Administrator of Human Resources shall not be required to prove that the employee intended to abandon the position.

Published on
  • Effective: 5/8/2001
  • Revision: 7/25/2017
  • Reviewed: 6/10/2014
  1. Board Directive
    The Board recognizes the need for a policy governing the use of the electronic information resources by employees as outlined in Utah State Code §53G-7-1002.  Responsibility is delegated to the District Administration for implementing the policy according to established administrative policy provisions.
  2. Administrative Policy
    The Acceptable Use Policy shall be administered and implemented according to the terms and conditions outlined in the following administrative policy provisions:

    1. Scope
      This policy references the use of electronic information resources made available to employees by Jordan School District.  These resources include, but are not limited to, voice mail, electronic mail, social media, the Internet, and other network files or accounts provided to employees.
    1. Terms and Conditions of This Policy
      1. Acceptable Network Use
        1. Employees will use the Internet and other electronic information resources in an appropriate manner, abiding by the rules and regulations described in this policy and in the Social Media Guidelines.
        2. Employees who formally publish school or District related information on the Internet must have proper approvals from the principal/supervisor and abide by District publishing guidelines and procedures (as per D212—District and School Web Sites) and in the Social Media Guidelines.
        3. Employees are expected to abide by generally accepted rules of network etiquette.  These rules include, but are not limited to, being polite, never sending or encouraging others to send abusive messages, and using inappropriate language.
      2. Unacceptable Network Use
        1. Employees may not intentionally transmit or receive material in violation of law or District policy.  This includes, but is not limited to, pornographic, indecent or sexually suggestive materials, weapons, controlled substances or alcohol, or incendiary devices.  An employee may not be in possession of or use pornographic material on school property. Users are prohibited from posting or sending content that contains threats or is hatefully or racially, ethically or otherwise objectionable.
        2. Employees may not participate in or promote any illegal or inappropriate activities, disruptive use of the network, or activities of any kind that do not conform to the rules, regulations, and policies of Jordan School District.
        3. Employees may not use the network for product advertisement or political lobbying.
        4. Employees are advised not to reveal personal information such as names, addresses, telephone numbers, passwords, credit card numbers or social security numbers.  Releasing personal information of others or that of organizations associated with the District is prohibited.
        5. Employees may not place others’ personal information (i.e. social security numbers, year of birth, etc.) received from the District’s electronic data resources on their own personally owned devices.
        6. Employees will not transfer theirs or others’ personal data except through the District’s secure file transfer system which at the current time is “MoveIT”.
        7. Employees may not intentionally harm or destroy District data, the network, or network performance.  This includes, but is not limited to, creation and introduction of computer viruses, unauthorized access to restricted systems or programs, or using the District network to illegally access other systems.
        8. JSD owned equipment should not be used by employees to store personal photos, videos, documents or other personal information.
      3. Reporting of Child Pornography by a Computer Technician
        1. In accordance with state law (Utah Code  76-10-1204.5), a “computer technician” or “technician” who in the course and scope of the individual’s employment with Jordan School District installs, maintains, troubleshoots, upgrades, or repairs computer hardware, software, personal computer networks, or peripheral equipment is required to do the following when child pornography is discovered on any of the previously stated devices or systems:
          1. Immediately secure the device(s) on which the child pornography was found by disconnecting the device from the JSD network.
          2. Take the device to a safe storage location so discovered images or other data related to any child pornographic image(s) will not be lost or overwritten.
          3. Make sure the individual to whom the device was assigned or any other individuals do not have access to the device except for individuals who are specifically authorized to have access after the device has been secured.
          4. Contact the Director of Information Systems and/or the Administrator of Human Resources.
          5. The Director of Information Systems and/or the Administrator of Human Resources will contact a state or local law enforcement agency, or the Cyber Tip Line at the National Center for Missing and Exploited Children and report the discovery of child pornography.
        2. A technician is required to follow this procedure if image(s) found are child pornography or if the technician reasonably believes discovered images are child pornography.
      4. Any Jordan School District employee who in the course and scope of the individual’s employment with Jordan School District discovers child pornography on a Jordan School District owned device is required to notify their principal/supervisor immediately.  The principal/supervisor should immediately notify the Director of Information Systems and/or the Administrator of Human Resources.
      5. Any and all mobile devices owned by Jordan School District, such as laptops and tablets, that connect to the Jordan School District secure Data network that may contain or transmit Protected Information (i.e. HIPAA and FERPA data or other student or employee related data) must be configured to encrypt such data on any internal hard drive.  Users must protect these devices from unauthorized use or access.
        1. HIPAA and FERPA data or other Jordan School District proprietary data should not be copied to or stored on external storage media such as external hard drives or thumb drives. However, if there is a legitimate District need to store Protected Information on external devices (i.e. removable drives, including flash/jump/thumb drives, etc.) those external storage media must have the Protected Information encrypted on those external devices.  Users must protect these external devices from unauthorized use or access.
        2. Jordan School District employees should call Information Systems if they need assistance or guidance for encrypting data on any Jordan School District device described in this section of the Network Acceptable Use policy.
      6. An employee shall not loan, sell, pawn or dispose of Jordan School District owned computer equipment whether or not that equipment is assigned to them, except for those employees whose job description or job assignment allows them to dispose of District owned computer equipment.
      7. Expectation of Privacy
        1. Employee files, disks, documents, etc., which have been used or created with District electronic information resources are not considered private.
        2.  Electronic mail transmissions are not private.
      8. Submission
        Employees will be required to submit an Employee Signature of Agreement Form each year or upon special request.  Signatures may be electronic or on paper.  Forms are available from local principals and department supervisors.
      9. Disciplinary Action
        1. An employee is required to comply with this policy regardless of whether the District has a completed Employee Signature of Agreement Form. The signature indicates that the employee has carefully read, understands, and agrees to abide by the terms and conditions regarding proper behavior and use of the network.  The signature on the Employee Signature of Agreement Form is legally binding.
        2. Employees who violate the terms and conditions of this policy may have their access to electronic information limited, suspended, or revoked and will be subject to disciplinary action, including the possibility of termination of employment and appropriate legal action as outlined in District policies DP316 NEG Orderly Termination Procedures – Licensed, DP316A Orderly Termination Procedures – Administrators, and DP316B Orderly Termination Procedures – Education Support Professionals.
      10. Service Disclaimer
        Jordan School District makes no warranties of any kind, either expressed or implied, for the electronic information resources it is providing.  The District will not be responsible for any damages an employee suffers while using these resources.  These damages may include, but are not limited to, loss of data as a result of delays, employee errors or omissions, or non-deliveries or service interruptions caused by a network system.  Use of information obtained by the network system is at the employee's own risk.  Jordan School District specifically denies any responsibility for the accuracy of information obtained through the electronic information resources.
      11. Employees agree to abide by this policy regardless of where or when they are using a Jordan School District owned device.

Published on
  • Effective: 1/9/1996
  • Revision: 5/28/2024
  • Reviewed: 4/26/2013
  1. Board Directive
    It is the policy of the Board to authorize paid sick leave benefits for licensed personnel who work 20 hours per week or more and to comply with requirements of Public Law 103-3, Family and Medical Leave Act.  The Board delegates to the Administration responsibility for establishing guidelines for sick leave and family leave benefits.  Sick leave runs concurrent with Family Medical Leave Act (FMLA) and Workers Compensation.  Refer to Policy DP322 NEG- Family Medical Leave Act.
  2. Administrative Policy
    1. Purpose
      1. Sick leave is intended for use by the employee only for personal health-related absences, except as outlined below under critical family care. Annual leave should be used for non-critical care of an ill family member.
    2.  Definitions
      1. Immediate family is defined as husband, wife, daughter, son, father, mother, brother, sister, or other person residing in the employee’s home on a permanent basis. Special circumstances may be appealed to the Sick Leave Review Committee for consideration of immediate family status.
      2. Continuous service includes an approved leave of absence, sabbatical leave, sick bank, military and/or FMLA leave.
        1. A resignation or retirement constitutes a “break in service.”
        2. Employees returning to Jordan School District following a break in service will receive a new continuous service date reflecting the date of their return.
        3. District seniority will be based on the new continuous service date.
        4. Prior employment experience with Jordan School District may be taken into consideration for purposes of placement on the salary schedule.
      3. Sick Leave Review Committee
        1. The group organized to review sick bank requests and cases of suspected sick leave abuse.
        2. Shall be composed of at least one of the Human Resource administrators, the Human Resource Generalist, and two members appointed by the president of the licensed employee agent.
        3. Sick Leave Review Committee members must sign a confidentiality agreement to protect employees’ medical information and confidentiality.The sick leave policy shall be administered according to the following administrative policy provisions:
    3. Sick Leave Accumulations
      1. Sick leave accumulations are based on unused annual leave. See Policy DP335 NEG Annual Leave - Licensed for annual leave details.
      2. Annual leave does not need to be exhausted before sick leave can be used.
      3. Maximum accumulations:
        179 and 187-day contracts (9 month)           180 days
        245-day contracts (12 month)                        240 days
    4. Sick Leave Benefits During Approved Absences
      1. Interruptions of work for sabbatical leave, educational leave, or other authorized leaves shall not be considered a break in continuous service. Should an employee be granted a leave for any reason, he/she will keep his/her number of cumulative sick leave days to be used upon return, but shall not be considered for sick leave during the time of leave.
      2. Employees returning from authorized leaves shall receive accumulated sick leave benefits according to the policy in force at the time the leave began except when the policy is changed as a result of negotiations.
    5. Use of Sick Leave for Critical Family Care
      1. Although sick leave is intended for use by the employee for personal health-related absences, some sick leave may be used for critical family care as described below. Annual leave should be used for non-critical care of an ill family member.
      2. A maximum of fifteen (15) days of sick leave may be used each year to care for a critically ill member of the immediate family or critically ill person residing on a permanent basis in the employee's home.
      3. Use of sick leave for critical family illness must be authorized by the Sick Leave Review Committee. The employee must submit his/her request in writing by applying online via Employee Access.
      4. Employees may not apply for critical family illness benefits until five (5) annual leave days have been used.
      5. If more days are needed, employees who continue to deal with a critical family care (as defined in item D.1. above) may apply to the Sick Leave Review Committee for up to fifteen (15) additional days.
      6. If additional days are granted, 50% of the daily rate of a licensed employee on salary level one shall be deducted from the educator’s pay for each additional day of leave.
    6. Use of Sick Leave for Adoption
      1. Employees may use up to a maximum of twenty (20) accumulated sick leave days at the time of actual custody of the child.
      2. Any additional leave must fall under the policy provisions of DP322—Family Medical Leave Act.
    7. Notification of Absence
      1. Employees are required to notify their immediate supervisor as soon as they know that they will be absent from work.
      2. The employee shall record the absence in Skyward at least one hour prior to the start of his/her contract day on the day of the absence. A supervisor may require additional notification.
      3. If a substitute must be hired, the employee shall enter the request into Frontline (formerly known as AESOP) at least one hour prior to the start of his/her contract day on the day of the absence.
      4. Employees may be required to verify the nature and duration of an illness or injury with a doctor’s certificate.
      5. Employees absent in excess of (5) days for the same medical reason may be subject to the parameters of FMLA and may prompt contact with the Human Resource Generalist.
    8. Abuse of Sick Leave
      1. Administrators shall periodically review sick leave usage.
      2. If an abuse of sick leave is suspected, the administrator shall confer with the employee and, if necessary, ask the Sick Leave Review Committee to review the case. Cases will be reviewed according to Administrative Guidelines developed by the Sick Leave Review Committee.
      3. If it is determined that an abuse of sick leave has occurred, the following actions shall be taken:
        1. The sick leave benefits which were paid inappropriately shall be reclaimed from the employee.
        2. The employee shall be suspended for five (5) days without pay during the next pay period.
        3. A reprimand shall be entered in the employee's personnel file.
      4. A second proven abuse of sick leave may result in immediate termination.
    9. Employee-Funded Sick Bank
      1. Employee Participation in the Sick Bank
        1. Employees are automatically enrolled in the sick bank each year through the annual donation of one (1) annual leave day to the sick bank.
        2. Each year, employees wishing to opt out of participation in the sick bank must annually complete the appropriate online form in Employee Access no later than September 1 for current employees and October 1 for first-year employees.
        3. Employees who have been offered a temporary transitional duty assignment due to a work-related injury, who refuse the temporary transitional duty assignment, will not be eligible for Sick Bank.
      2. Use of the Sick Bank
        1. The purpose of the sick bank is to support employees in time of personal medical need. The sick bank is not intended to be used for short-term, in-and-out absences, elective medical procedures or other medical care that could be scheduled during non-contract time.
        2. Medically documented intermittent leave for long-term illness may be approved.
        3. Days from the sick bank shall be granted to eligible employees only after all accrued sick leave and annual leave days have been used.
        4. Employees will be required to sign a release of medical information when making application to the sick bank.
        5. A combination of continuous years of service and accumulated sick leave days shall be used to determine the number of sick bank days which an employee qualifies to receive and any pay loss to be sustained. (Years of service shall be computed in accordance with established guidelines for salary step movement.)
        6. Annual sick bank days used in a year shall not exceed annual sick days donated by participating employees in that year.
      3. Sick Bank Allowances
        1. First or second year employees shall be allowed up to 10 days from the sick bank at full pay less 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 13 days of accumulated leave at the beginning of the long-term absence.
          1. In cases of catastrophic illness or injury, the Sick Leave Review Committee may grant second year employees up to 30 additional days of sick bank after all previous sick bank days provided in section a. have been exhausted. Fifty percent (50%) of the daily rate of a licensed employee on salary level one shall be deducted for each additional day used under this option.
        2. Third year employees shall be allowed up to 40 sick bank days at full pay less 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 15 days of accumulated leave at the beginning of the long-term absence.
          1. After all sick bank days allowed according item b. are used, third year employees may be granted up to 40 additional sick bank days if circumstances warrant it. Fifty percent (50%) of the daily rate of a licensed employee on salary level one shall be deducted for each additional day used under this option.
          2. In cases of catastrophic illness or injury, the Sick Leave Review Committee may grant third year employees sufficient sick bank days to cover their transition to long-term disability after all of the previous sick bank days provided in section b. have been exhausted. Fifty percent (50%) of the daily rate of a licensed employee on salary level one shall be deducted for each additional day used under this option.
        3. Employees with four or more years of service shall be allowed up to 120 days from the sick bank at full pay less 50% of the daily rate of a licensed employee on salary level one for each day the employee falls below 15 days of accumulated leave at the beginning of the long-term absence. (A maximum of 15 days will be deducted.)
      4. Sick Bank Limitations
        1. Prior to granting sick bank days, an employee shall agree in writing to repay compensation at his/her daily rate of pay for sick bank days used or granted if he/she terminates employment with the District for other than medical reasons before completion of the current and succeeding contract year.
        2. The illness/injury must be medically documented with a statement bearing an original signature from the attending physician. The verification of absence form may not be stamped with a physician's signature or signed by the attending nurse, office manager, etc.
        3. A second opinion may be required with any costs not covered by insurance borne by the District.
        4. When an employee requests sick bank days more than once within a 48-month period for an unrelated illness, a three (3)-day loss of pay shall be required before sick bank days are granted. Use of sick bank days shall be limited to 120 days within a 48-month period. The employee will also be required to meet all other qualifying criteria.
        5. Under catastrophic conditions, employees may appeal to the Sick Bank Review Committee for a waiver of pay loss provisions. The Committee shall review the employee's attendance record and other related factors and either grant or deny the waiver based on the findings. No appeal beyond the Sick Bank Review Committee is provided.

Published on

Effective: 6/23/1992
Revision: 11/29/2022
Reviewed: 8/25/2015

  1. Board Directive
    The Board of Education is committed to see that Jordan School District records are managed in an efficient, responsible manner.  Therefore, the Board delegates to the Administration responsibility for establishing criteria for maintaining, classifying, preserving, accessing, and destroying district records in compliance with the Government Records Access and Management Act (GRAMA), Utah Code §63-2-101.
  2. Administrative Policy
    Records shall be defined as written or electronic records that are owned and maintained by the District. The District Records Policy shall be implemented according to the following administrative policy provisions:

    1. Records Management
      1. Jordan District records shall be managed under the direction of the principal and/or the appointed records officer of each school and department.
      2. The Superintendent of Schools shall be the chief administrative officer of the District.
      3. The Business Administrator shall be the records officer for all general district records including Board of Education minutes and all documents related to fiscal matters such as property, budgets, payroll, accounts, contracts, etc.
      4. The Administrator of Human Resources shall be the records officer for all records related to personnel.
      5. The Planning and Enrollment consultant shall be the records officer for all records related to students.
      6. The Planning and Enrollment consultant shall serve as the District's liaison to the State Archives.
    2. Records Classification
      1. All Jordan District records created after July 1, 1992, shall be classified as either public, private, controlled, protected, or restricted.
      2. The Planning and Enrollment consultant shall inform the State Archives no later than July 1 of each year of the classification of any new record series created during the previous 12 months.
    3. Public Records
      1. Public records as described in Utah Code §63G-2-301 shall include:
        1. Official minutes, actions and decisions of the Board of Education and District Administration unless the record involves information which is classified as private, controlled, or protected.
        2. Official District and school policies, contracts, minutes, and accounts.
        3. Names, gender, job titles, job descriptions, business addresses, business telephone numbers, gross salaries, working hours, and dates of employment of all current and former employees.
    4. Private Records
      1. Private records are those set forth in Utah Code §63G-2-303 including:
        1. Personnel files including applications, nominations, recommendations, evaluations, and proposals for advancements or appointments.
        2. Documents related to eligibility for unemployment benefits, social services, welfare benefits, personal finances, individual medical condition, and military status.
      2. Private records shall be open only to the subject of the record and other authorized individuals or agencies.
    5. Controlled Records
      1. Controlled records are those set forth in Utah Code §63G-2-304 including records containing medical, psychiatric, or physiological data on an individual which, if disclosed, could be detrimental to the individual's mental health or safety.
      2. Controlled records shall be open only to authorized persons or agencies but are not open to the subject of the record.
    6. Protected Records
      1. Protected records are those set forth in Utah Code §63G-2-305 including:
        1. Any information that, if disclosed, would jeopardize the life or safety of an individual or security of district property or programs.
        2. Documents that, if disclosed, would place the District at a disadvantage in contract negotiations, property transactions, or bargaining position or could enable circumvention of an audit.
        3. Records related to potential litigation or personnel hearings.
        4. Records generated in meetings that are closed in accordance with the Utah Open and Public Meetings law.
        5. Test questions.
      2. Protected records shall be open only to authorized individuals and agencies or in response to court order.
    7. Restricted Records
      1. Restricted records as set forth in Utah Code §63G-2-201(3)(b) shall include student records that are protected by the Family Educational Rights and Protection Act (FERPA). Access to student records shall be provided in accordance with the Family Educational Rights and Protection Act (FERPA). (See policy AS61—Student Records.)
    8. Access to District Records
      1. Requests to view District records must be submitted via the Utah Open Records Portal.
      2. Individuals requesting to view records classified as private, controlled, protected, or restricted shall be required to submit their request through the Utah Open Records Portal. Requesters must prove their right to access the record through personal identification, written release from the subject of the record, power of attorney, court order, or other appropriate means.
      3. The records officer shall review each request as soon as reasonably possible but not more than 10 working days from the date the request was received.
        1. Approve the request and provide records;
        2. Deny the request and provide notice of denial, including the right to appeal;
        3. Notify the requester it does not maintain the record and provide, if known, the name and address of the governmental entity that does maintain the record; or
        4. Notify the requester it cannot approve or deny the request because of extraordinary circumstances consistent with Utah Code §63G-2-204 and provide a description of the circumstances and when the records will be available.
    9. Appeals Process
      1. Appeals to the Chief Administrative Officer
        1. Appeals to the chief administrative officer of the District will follow the process outlined in Utah Code §63G-2-401.
        2. A notice of appeal shall be filed with the chief administrative officer within 30 days after receiving a notice of denial.
        3. The notice of appeal shall contain the name, mailing address, and daytime telephone number of the requester or interested party and the relief sought.
      2. If the chief administrative officer affirms the denial of a record request, an appeal may be made to the State Records Committee or district court, as outlined in outlined in Utah Code §63G-2-402 and §63G-2-403.
    10. Copying District Records
      1. The District shall charge a fee for duplicating District records that is equal to the actual duplication cost plus any employee time involved.
      2. The District shall refuse to allow duplication of copyrighted materials.
      3. The District shall charge 50 cents per page for duplicating records. If more than 15 minutes of research is involved, the District shall also charge for all personnel time (actual salary and benefit costs) of the employee fulfilling the GRAMA or other record request.
    11. Retention of District Records
      1. The District shall adhere to the general schedule for records retention approved by the State Records Committee.
      2. Records that are not covered by the general schedule shall be submitted to the State Records Committee for scheduling.
    12. Public Access to District Records
      1. If public access is granted to view or inspect District records, files, documents, etc., unless a waiver of fees is granted under Utah Code §63G-2-203(4), the District shall charge for all personnel time (actual salary and benefit costs) of the individual fulfilling the request necessary to facilitate such access. This includes charges for requests for information involving searches. The fee will be based on the actual salary and benefit costs of the employee fulfilling the request.
      2. The District is not required to create a document or file to answer a GRAMA or other request for records. Should the requestor request a document that does not already exist, and if the District agrees to prepare such a document in its sole discretion, all personnel time (actual salary and benefit costs and duplicating costs to prepare that document) will be charged to the requestor.
      3. Requests for records intended to be used for marketing or recruitment other than specified will be denied.
      4. If possible, the District should estimate the preparation cost for such documents in advance, and if the projected costs exceed $50, receive the funds from the requestor prior to preparing the requested materials.

Revision history: 2/14/2012

Published on
  • Effective: 1/14/1992
  • Revision: 12/3/2012
  • Reviewed: 5/28/2013
  1. Board Directive
    The Board recognizes the need to provide orderly procedures for termination of Jordan School District education support professionals, and delegates to the District Administration responsibility for establishing such procedures in accordance with the Public Education Human Resource Management Act outlined in Utah Code §53G-11-512 through 517.
  2. Administrative Policy
    Procedures for nonrenewal and termination of a career or provisional education support professional’s contract during the contract term shall be administered according to the following administrative policy provisions:

    1. Definitions
      For purposes of this policy, the term education support professional refers to an employee whose primary duties relate to the support of the educational function of the District.

      1. Career Employee:  An employee of the District who has obtained a reasonable expectation of continued employment based upon current code and has completed one year as a provisional employee.
      2. Provisional Employee: An employee of the District who has completed less than one full year of continuous employment and has not been designated as a temporary employee.
      3. Probationary Employee:  Any career employee who has been advised in writing by the District that his/her performance is inadequate and in need of improvement and has been placed on probation.
      4. Temporary Employee:  An education support professional who is employed by the District on a temporary basis.  Temporary employees serve “at will” and have no expectation of continued employment beyond their initial contract with the District.  Temporary employees do not have the right to due process as defined by Utah Code §53G-11-512 through 517.
      5. Temporary employees include, but are not necessarily limited to the following:
        1. Employees hired under contracts for one (1) year only or for less than (1) year.
        2. Employees whose positions are funded by state or federal grants that are allocated for one (1) year only or for less than one (1) year.
    2. When an employment action is to take place, the employee must be informed that a representative of his/her choice may attend the probation/termination conference at the employee's request.  The supervisor may also request that a representative from Human Resources attend the conference.
    3. CAUSES FOR CONTRACT NONRENEWAL
      1. The District may determine not to renew the contract of an education support professional for any of the following reasons:
        1. Immorality.
        2. Insubordination, which includes an act of serious insubordination, repeated acts of insubordination, or a pattern of insubordinate behavior.
        3. Incompetence.
        4. Mental or physical incapacity.
        5. The need to reduce staff size due to a drop in student enrollment, program or service discontinuance, a shortage of anticipated revenue after the budget has been adopted, or school consolidation.  (See DP349 NEG)
        6. Conviction of a felony or misdemeanor involving moral turpitude.
        7. Conduct which may be harmful to students or the District.
        8. Improper or unlawful physical contact with students.
        9. Repeated violation of District policy.
        10. Unprofessional conduct not characteristic of or befitting a Jordan District employee.
        11. Unsatisfactory compliance with terms of probation (see DP314 - Provisional or Probationary Education Support Professionals).
        12. Any reason that the District in its sole discretion deems reasonable and appropriate (applies to provisional employees only).
        13. Performance, attitude, or other employment attribute which is substantially below the performance reasonably expected from other educators having similar responsibilities and duties as determined by District policy DP312—Evaluation of Education Support Professionals.
        14. Misuse of contract time to perform non-educational interests.
        15. Misuse of computers, based on District Policy DP371 Employee Information Network Acceptable Use Policy.
        16. Misuse of school equipment.
        17. Misuse of school or district funds.
      2. The District may determine not to issue a contract to any education support professional whose status is "Provisional," as defined under policy DP314—Provisional or Probationary Education Support Professionals.
      3. Prior to an employment action (probation/termination), the employee must be notified of the right to representation by the employee agent group or another agent of his/her choice.  A copy of the probation/termination report shall be placed in the employee’s file at the District Office.
    4. DISCIPLINARY ACTIONS
      The District may elect to proceed with disciplinary action to warn the employee that his/her conduct places the employee in danger of termination during the contract term.  The District may elect to exclude any or all of the following steps and proceed directly with termination for cause.  No disciplinary action shall thereafter prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the disciplinary action.

      1. Oral Reprimand:  Oral reprimand may be issued by the immediate supervisor.
      2. Written Reprimand:  Written reprimand is issued by the immediate supervisor or District Administration which warns the employee that adverse employment action, which may include contract termination, may be taken.
        1. This warning is active for a two-year period and may remain in either the school file or in the employee's District personnel file.
        2. The warning does not prejudice the right of the District to proceed with termination for cause should the misconduct continue.
      3. Probation:  The District may elect, but is not required to place the employee on probation for misconduct which could be grounds of termination during the contract year.
        1. The District is solely responsible for determining the length and terms of probation except under the provisions of policy DP314 —Provisional and Probationary Classified Personnel.
        2. Probation shall not prejudice the right of the District to proceed with termination for cause on the same facts which gave rise to the probation.
      4. Suspension:  The District may, at its discretion, place the employee on suspension.
        1. The District shall be solely responsible for determining whether the suspension is to be with or without pay and for determining the duration of the suspension.
        2. Suspension may, among other reasons, be invoked by the District when further investigation is deemed necessary or desirable in order to make an informed decision concerning the employment of an employee or for the purpose of awaiting the outcome of criminal charges pending against an employee.
        3. Suspension of an employee shall not in any way prejudice the right of the District to proceed with other action, including termination for cause, at a later date.
        4. Furthermore, the fact that pending criminal charges against an employee may be resolved in favor of the employee shall not preclude the District from initiating termination for cause proceedings or other disciplinary action against an employee based all or in part upon the same facts which gave rise to the criminal charges.
    5. CAUSES FOR CONTRACT TERMINATION
      1. The District may terminate the employment of any education support professional during the term of the employee's contract for any of the reasons listed above under section C., items a. through q.
      2. The District may terminate the employment of any education support professional during the term of the employee's contract for any act, failure to act, or conduct which constitutes a breach of the classified employee's employment contract.
    6. PROCEDURES WHEN RENEWAL OF THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL IS IN QUESTION
      1. When continued employment of a career education support professional is in question, the career education support professional shall be informed in writing at least three (3) months before the end of the contract term.
        1. The reasons why continued employment is in question shall be specified.
        2. The career education support professional shall be provided an opportunity to correct the deficiencies which are causing continued employment to be in question.  Assistance may be granted the education support professional to correct the deficiencies including informal conferences and services of school personnel.
    7. PROCEDURES WHEN THE CONTRACT OF A CAREER EDUCATION SUPPORT PROFESSIONAL WILL NOT BE RENEWED
      1. When the contract of a career education support professional will not be renewed, the career education support professional shall be notified in writing at least two (2) months before the end of the contract term.
      2. The notice shall state the date of termination and set forth the reasons for contract nonrenewal.
      3. The notice shall include a date for an informal conference with the administration, a date for a hearing before an independent hearing officer, and a date for a hearing before the Board of Education.
        1. The hearings shall be scheduled at intervals of ten (10) working days.
        2. A recommendation shall be required from the hearing officer within ten (10) working days of the date of the hearing.
      4. The career education support professional shall be notified of the right to have the conference and hearings scheduled.   If the education support professional elects not to attend, the dates will be cancelled.
      5. The career education support professional shall be informed of the right to be represented at the hearing by a representative of his/her choice.
      6. The notice shall be delivered to the career education support professional personally or sent by certified mail to the education support professional's last-known address.
      7. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
    8. PROCEDURES WHEN PROVISIONAL CONTRACT WILL NOT BE RENEWED
      1. Provisional education support professionals, as defined under policy DP314, are not entitled to employment beyond the end of the term of the present contract, and may not reasonably expect continued employment in succeeding years.
      2. When the District determines not to renew a contract of a provisional education support professional, the education support professional shall be notified in writing at least sixty (60) days prior to the end of his/her first 12 months of employment.
    9. PROCEDURES FOR TERMINATION DURING CONTRACT TERM
      1. Notice
        1. When an education support professional is to be terminated during a contract term, the District shall notify the education support professional in writing of the intent to terminate.  The employee will also be informed in writing that the timeline for the informal conference and/or a hearing procedures as referenced in this policy may be modified or extended.  If there is a compelling reason to modify the timeline for the informal conference and/or hearing procedures as references in this policy, either party may request the modification(s) from the other party in writing and both parties will be required to agree to the modification(s).  The District will issue a letter of understanding to both parties outlining the modified timeline.  In any case, no longer than thirty (30) days of pay may be offered beyond termination notification.
        2. The notice shall be delivered to the individual personally or sent by certified mail to the individual's last-known address, as shown on the personnel records of the District, at least thirty (30) days prior to the proposed date of termination.  Pay will not continue beyond the thirty (30) days termination notification.
        3. The notice shall state the date of termination and set forth the reasons for termination.
        4. The notice shall advise the employee that he or she has a right to a fair hearing and that the hearing process outlined below is waived if a hearing is not requested within fifteen (15) calendar days after the notice of termination was either personally delivered or mailed to the individual’s most recent address as shown on the District’s personnel records.
        5. The hearing process includes the right to an informal conference, the right to a hearing before an independent hearing officer.  Only the decision of a hearing officer may be appealed to the Board of Education.
        6. The informal conference will be conducted within ten (10) working days after the receipt of the request for the conference.
        7. The education support professional may be accompanied by a representative of his/her choice.
        8. The education support professional may present verbal or documentary evidence.
        9. The grievance officer shall issue a written report setting forth his/her findings and recommendations within five (5) working days after the conclusion of the conference.
        10. If the informal conference has been held and no written report has been issued within the time limits set forth in item I.1.i. above, or if the education support professional or the District rejects the recommendation of the grievance officer, either party may exercise their right to proceed with a hearing before an independent hearing officer. All hearings shall be scheduled within ten (10) working days after the informal conference report has been received from the grievance officer whenever possible.
        11. The notice shall also inform the individual of the right to be represented at the hearing(s) by a representative of his/her choice.
        12. The employee must give notice of appeal in writing to the Administrator of Human Resources within ten (10) working days after receiving the recommendation of the Grievance Officer.  Failure to request such an appeal in writing shall constitute a waiver of the right to appeal the recommendation of the Grievance Officer.
      2. Suspension Pending a Hearing
        1. Suspension pending a hearing may be without pay if an authorized representative of the District determines, after providing the employee with an opportunity for an informal conference to discuss the allegations, that it is more likely than not that the allegations against the employee are true and will result in termination.
        2. If termination is not subsequently ordered, the employee shall receive back pay from the period of suspension without pay.
      3. Hearing Cancelled or Not Requested
        1. If a hearing is cancelled or not requested by the education support professional, the written notice of intention to terminate employment will serve as written notice of final termination by the Board.
        2. The cause(s) of termination are those contained in the notice of intention to terminate employment.
      4. Appointment of Hearing Officer
        Hearing officers may either be District hearing officers or individuals not employed with the District.

        1. Hearing officers shall be persons who will conduct hearings independent of pressure or influence from the District administration, District staff, the education support professional who is the participant in the hearing, or any association or organization acting on behalf of or representing the employee. No hearing officer may be a direct supervisor or subordinate of either the employee or a person recommending the employee’s termination for cause.
        2. District hearing officers include not fewer than five (5) employees of the District selected annually by the Administrator of Human Resources. The employee who is the subject of the appeal may select any one individual from the pool of hearing officers to hear the appeal of the employee.
        3. The employee agent group and the District agree to use the American Arbitration Association (AAA) for independent hearing officers. This includes following the rules and procedures as outlined by the AAA.
        4. When the services of a hearing officer are required, the cost shall be equally shared by the District and the individual.
        5. The individual or his/her designee and the Superintendent or designee shall each choose two names from the pool of hearing officers.  If there is one name chosen in common, that hearing officer shall be first on the list.  The remaining names shall be drawn at random and placed on the list in the order drawn.  If there are no names chosen in common, all of the names shall be drawn at random and placed on the list according to the order of the draw.  The hearing officer shall then be called in the order they appear on the list until one is found that is available for the day of the hearing.
      5. Conduct of the Hearing
        1. The education support professional has the right to representation and may call witnesses, hear accusing testimony, cross examine witnesses, and examine documentary evidence.
        2. The District shall make available District employees if needed as witnesses for either party.
        3. Parties shall exchange a list of witnesses and documentary evidence at least two (2) days before the scheduled hearing.
        4. The hearing shall be conducted informally, and the rules of evidence used in courts of law need not be strictly observed.
        5. The hearing proceedings shall be recorded and preserved in a manner to assure completeness and accuracy; i.e., electronic tape recording.  Stenographic recording shall not be required.
      6. Hearing Officer
        1. After hearing all of the evidence, the hearing officer may render an oral decision immediately following the conclusion of the proceeding.  The hearing officer shall, within ten (10) working days of the hearing, render a written decision supported by findings of fact.
        2. The decision may recommend to the Board of Education that the proposed action be taken or that the proposed action not be taken or that other action less severe than the proposed action be taken.
        3. The decision of the hearing officer, together with the findings of fact, shall be sent by certified mail to the employee's last known address.  A copy shall be mailed to the employee's representative, if any.
      7. Request for Board Review of a Hearing Officer Decision
        1. The education support professional shall have the right to request a Board review of the decision of the hearing officer.
        2. A written request for a Board review must be received by the president of the Board of Education within ten (10) working days of the date the hearing officer’s decision is postmarked.
        3. The Board review shall be upon the record made in the hearing before the hearing officer, except that the Board may, at its discretion, hear additional testimony or argument.
      8. Board Review Not Requested or Decision Favors Education Support Professional
        1. If a request for review is not received, or if the decision of the hearing officer is in favor of the education support professional, the Board shall determine whether or not to adopt the decision of the hearing officer.
        2. If the Board adopts the decision of the hearing officer, the findings of fact prepared by the hearing officer, if any, shall be deemed the findings of fact made by the Board.  The District shall notify the education support professional of the Board's decision by certified mail.
        3. If the Board determines not to adopt the decision of the hearing officer, the Board shall review the matter based upon the record made in the hearing before the hearing officer, except that the Board, at its discretion, may hear additional testimony or argument.  The administration will notify the education support professional if the Board determines to hear additional testimony or argument.
      9. Board Decision
        1. Within ten (10) working days of receiving the hearing officer’s decision, the Board shall render a decision that the originally proposed action be taken, that the originally proposed action not be taken, or that other action less severe than the originally proposed action be taken.
        2. The Board shall issue findings of fact that support the decision or may adopt the findings of fact prepared by the hearing officer.
        3. The education support professional shall be notified of the decision of the Board and the findings of fact by certified mail addressed to the employee's last known address.  A copy shall be sent to the employee's representative, if any.
      10. Appeal
        1. Upon the timely filing of an appeal of the decision of the Board in an appropriate court of law, the Board shall cause to be prepared, certified, and transmitted to the court, the decision of the Board, the findings of fact of the Board, and the record of the hearing before the hearing officer or Board or both.
        2. A rehearing shall not be allowed. The decision of the hearing panel cannot be appealed to the Board of Education.
        3. The decision of the Board in all cases is final.
      11. Restoration of Records and Benefits
        1. If the final decision is made in favor of the employee, the charge(s) shall be expunged from the employee's record except when substantive problems exist but the recommendation to terminate was dismissed or modified because of procedural errors.
        2. If the final decision is made in favor of the employee, the employee shall be reimbursed for salary and benefits lost during suspension.