The general ledger includes all funds and is used throughout the year to facilitate the timely recoding of transactions and at year-end to facilitate the annual audit and comprehensive annual financial report. For additional details, see Financial Procedures for Schools and Departments.

All school lunch counts and school sales transactions will be recorded daily using the Point of Sale software. School cash receipts will be deposited daily. Bank reconciliation will be completed each month following the month for which the statement is prepared. Refer to Nutrition Services Handbook.

Free and reduced applications and "Parent Permission to Disclose Free/Reduce Meal Qualifications” forms are turned into the Nutrition Services office for eligibility determination. Applications are processed according to State and Federal regulations 7CFR Ch.II sec 245(1-1-01 Edition).

The principal shall be responsible for oversight of the accounting functions to be performed at the building level. The building-level accounting procedures shall be consistent with accounting and purchasing functions performed at the district office level. Procedures to be followed are outlined in the Student Body Handbook.

The following administrative rules apply to Fixed and Attractive Assets Inventory.

Fixed assets are defined as the initial, additional, and replacement items of equipment. An equipment item is a movable or fixed unit of furniture or furnishings, an instrument, a machine, vehicles, buildings, improvements, an apparatus, or a set of articles that meets all of the following conditions:

1. It has an anticipated useful life of more than 1 year.
2. It is of significant value (See the Financial Procedures for Schools and Departments), measured as original cost or estimated market value (in the case of donated items.) See Section D1320 for information on Equipment Purchased with Federal Funds.
3. It retains its original shape and appearance with use.
4. It is nonexpendable; that is, if the article is damaged or some of its parts are lost or worn out, it is usually more feasible to repair it than to replace it with an entirely new unit.
5. It does not lose its identity through incorporation into a different or more complex unit or substance.

Attractive assets are defined as those initial, additional, and replacement items of equipment that do not meet the above definition, but are movable and valuable. Attractive assets include, but are not limited to, computers and computer equipment, communication devices, and other items of a technical or non-technical nature that are movable and valuable. Directors and building principals are required, to inventory computers and computer equipment.

For information on recording and reporting of District asset see the Financial Procedures for Schools and Departments.

An annual inventory must be conducted by each department, school or building. Departments, schools or buildings must complete inventory by April 30 each year. Financial Services staff will make any necessary follow up inquiries and adjust the records adjusted accordingly. For additional information see the Financial Procedures for Schools and Departments.

Equipment Purchased with Federal Funds

Equipment purchased with Federal funds must be entered on inventory and accounted for under guidelines issued by the Oregon Department of Education. For additional information see the Financial Procedures for Schools and Departments.

Fixed and Attractive Asset Check-Out

Occasionally, district-owned property is temporarily removed from district premises. When this occurs it is necessary to complete the authorization form – Equipment Check-Out prior to removal. Those forms are available on the district’s website at:
http://web4j1.lane.edu/hr/rm/RiskManagement.html.

Loss/damage of district property

When district-owned property is lost, stolen, or damaged, it is necessary to complete the notification form – Incident/Property Damage Report Form as soon as practically possible. Those forms are available on the district’s website at: http://web4j1.lane.edu/hr/rm/RiskManagement.html.

The following administrative rules apply to Purchasing.

ORS Chapter 279 requires the school board to approve all contracts and allows the board to delegate this authority. Without the proper authority, the individual making the contract is personally liable. The school board has delegated authority for contracts under $150,000. Designees are identified in Board Policy DI and DJCA under Delegated Authority for Purchases Under $150,000. See the Financial Procedures for Schools and Departments for additional details.

Effective and efficient purchasing requires flexibility.  The district provides this flexibility by offering buildings and departments a variety of purchasing alternatives.  See the Financial Procedures for Schools and Departments for direction on the most appropriate method for purchasing goods or services and obtaining the best value.

See Board Policies DJ, DJC 1, 2, 3, and DJCA for details.

The Oregon Revised Statutes (ORS 244) governs the prohibition of public officials from using, or attempting to use, their position to obtain financial gain or avoid financial detriment that would not otherwise be available but for the public official’s holding of the official position or office. See the Financial Procedures for Schools and Departments for additional details.

Purchase orders aid the collection of pertinent information necessary for the fixed and attractive asset inventory. See Section D1300. See the Financial Procedures for Schools and Departments for additional details.

1. Employee reimbursements are not made on purchase orders but are paid through payroll.
2. Independent contractor agreements: Complete appropriate check list to determine.
3. Personal Services contract: Contact purchasing to determine if the service qualifies as a "personal service" prior to using the service.

See the Financial Procedures for Schools and Departments for additional details.

The following administrative rules apply to Budgeting.

District staff will prepare the annual budget in accordance with statute ORS 294.305 - 294.565; the Local Budgeting Manual published by the Oregon Department of Revenue, Property Tax Division; and the Program Budgeting and Accounting Manual prepared by the Oregon Department of Education.

Each fall, Financial Services staff will prepare and post a budget calendar outlining key dates and activities for budget preparation and approval. The Budget Committee will provide direction on the parameters for preparing the budget. Superintendent’s staff will review and recommend budget changes to be proposed. Financial Services and Human Resources staff will allocate staffing and material/supply budgets in accordance with the superintendent’s staff recommendations and provide information to schools and departments.

Principals/department directors will prepare their sites’ budgets in the format required, by the deadline. Financial Services staff will accumulate budgets and prepare the budget document for presentation as required by statute. (See Financial Procedures for Schools and Departments and Budget Information on the Financial Services intranet http://fsweb.lane.edu/)

The community will be informed about budget committee meetings, and the proposed budget will be presented to the budget committee in accordance with statutory requirements. Revisions, if any, recommended by the budget committee will be incorporated into the proposed budget. The budget committee will approve the budget, declare tax rates and set the debt service levy for consideration by the Board.

After the Budget Committee has approved the budget, the Board shall consider it for adoption in accordance with statute. Financial staff will revise the approved budget, if required and the Board shall take action on the budget prior to July 1 of each year. The calendar for Board adoption is posted on the Financial Services intranet site under Budget Information http://fsweb.lane.edu/. The adopted budget will be sent to agencies as required by statute, posted on the district’s internet page at http://www.4j.lane.edu/fs/, and loaded into the district’s financial system.

The following administrative rules apply to Business Systems.

All financial transactions of the district, including those of organizations that have received permission from Financial Services to use the district’s federal employer identification number for donation purposes, shall be recorded in the appropriate district business system. Account codes required by the Oregon Department of Education shall be used to record such transactions. Financial Transactions shall be submitted to the Department of Education in the formats and time frames required by statute (ORS 294, 326, 327, 328, 329, and 332. OAR 150 and 581).

(Detailed procedures are located in Financial Procedures for Schools and Department books, Student Body Handbook, Nutrition Services Handbook.)

Requests for business system modifications will be analyzed for cost versus benefit. Requests should be submitted in writing to the business system support team (bussys@4j.lane.edu) and include the benefits of the modification. Business systems support staff will determine the cost and review the request with the Chief Financial Officer. The request will be prioritized and the requester notified of the action plan.

The following rules will be used to implement board policy DN, Disposition of District Property, and DNA, Removal of District Property.

Designated Employees of School District 4J shall comply with the provisions of the Oregon Administrative Rules (OAR 125-045 and OAR 125-050) in the disposition of the district's personal property of value with the approval of the Chief Financial Officer or Designee.

1. Personal Property of the district which has no value shall be disposed of as listed below.
2. Definitions
   1. "No value to the district shall mean its value is less than the cost of disposal in the opinion of the Chief Financial Officer or Designee.
   2. "Personal Property" means everything subject to ownership which is not real property ( i.e., land and buildings).
3. Disposition of Non - Value Personal Property
   The property shall be disposed of in the following order:
   1. Non 4J Schools
   2. Non Profit Organizations
   3. Recycling Companies
   4. Disposal Companies
4. No property shall be given to employees.

The Superintendent has established the following rules regarding the use of Cellular Telephones by district employees to ensure compliance with School Board Policy KGF, Use of District Property, and ORS 244.040 (1)(a), both of which prohibit the personal use of cellular telephones, except in the case of an emergency.

Cellular Telephone Allowance

The district shall provide a monthly allowance to employees whose assignments necessitate routine and ongoing access to a cellular telephone, consistent with the following:

1. The employee's supervisor and department director, or in the case of schools, the principal and principal's supervisor, have determined:
   1. that the employee's job responsibilities require the ability to communicate frequently and access to a district or personal telephone may not be readily available; and/or
   2. the employee's job responsibilities involve situations where immediate communication is necessary to ensure the security of district property or safety of students, staff, or others while on district property or engaged in district-sponsored activities.
2. The employee agrees by completion of the "Use of Personal Cellular Telephone for District Business Agreement" to the following:
   1. to obtain and maintain in good standing a private cellular telephone service with a local phone number;
   2. to use the employee's personal cellular telephone for required district business;
   3. to make the personal cellular telephone number available to the district for appropriate distribution to those who need to have access to the employee;
   4. to ensure that the cellular telephone is charged and in good repair and turned on during work hours and at other times when necessary for district business purposes, except that phones may be disabled during meetings, conferences, and when it will otherwise interfere with the ability of the employee to complete his or her work responsibilities; and
   5. that there is no restriction on the use of the cellular telephone for personal business except to the extent that such use interferes with the ability of the employee to complete the employee's work responsibilities;
   6. that except in the case of emergency, cellular telephones are not to be used for conversations involving district information of a confidential nature.
3. An employee may request a higher allowance if the employee can demonstrate to the satisfaction of the employee's supervisor and department director, or in the case of schools, the principal and principal's supervisor, that the employee's use requires an increased allowance.
4. Payment of the allowance shall be made monthly to the employee and charged to the appropriate school or departmental budget.
5. The Director of Finance and Support Services shall maintain a schedule of monthly telephone allowances that will be paid to employees.

Assignment of District Owned Cellular Telephones

In lieu of an allowance, an employee who qualifies for a cellular telephone allowance may choose instead to be assigned a district cellular telephone.

In those instances where the employee is assigned a district owned cellular telephone, the employee shall have on file with the employee's supervisor a signed copy of the "Cellular Telephone Use Agreement," which affirms in writing that the employee understands and agrees to comply with the following rules regarding use of the cellular telephone:

 

The District and individual employees must be careful to avoid the appearance or perception that they are using public funding inappropriately to benefit individuals and organizations associated with charitable and non-profit companies.

The District participates in the Combined Charitable Contributions Campaign which is an organized annual fund raising effort approved by the Superintendent that benefits many groups. United Way manages this multi-agency effort. Employees participating in the United Way Day of Caring must use vacation or other personal leave for the time away form work.

Any other fund raising activities that involve the use of District resources (computers, phones, faxes, etc.) or are done during work time must meet all criteria outlined in the District’s administrative policies.

The section is reserved for future use.

The following administrative rules apply to Miscellaneous Provisions.

Donations are items received by schools/district for which the donor doesn’t receive any benefit in return. Donations include, but are not limited to, cash/checks, supplies, and equipment; whether solicited or unsolicited. Examples are donated computers and proceeds from fundraising for supplies or athletic/club expenses. The following procedures should be used in accepting or refusing such donations.

When accepting donations, recipients’ shall comply with the following:

• Donated furniture and equipment shall be added to the district inventory at the fair market value on date of donation for insurance purposes. See Section D1300 for additional information.
• Donations for public building modification or ground improvement must have prior permission of the Director of Facilities.
• A receipt for donation(s) and an appropriate expression of appreciation will be provided by the principal and a copy retained for auditing purposes. The receipt provided to the donor should include the name of the donor, the date of donation, and a description of items donated. District personnel should not estimate the value of non-cash items. The donor should be directed to a tax professional or the Internal Revenue Service for guidance.

Administrators are authorized by the superintendent to accept donations from individuals and organizations on behalf of the district. Such donations may be in the form of funds, furniture, equipment, or other items of value to the schools, departments, and programs. The donations may be earmarked for special purposes, but not specific individuals. Before accepting donations of equipment, the administrator is responsible to determine whether such equipment is in good condition, is safe, and will benefit the school. If a monetary donation is offered, it can only be used for purposes permitted under policy and statute. For example, a donation to purchase religious books and magazines for a school library would not be acceptable because it would be a violation of policy and law. All administrative rules enumerated in Section D1910 shall apply.

When an individual or organization wishes to donate funds to the district, the person or organization should be referred to the Eugene Education Fund. See Section D1910.3. If for any reason the individual or organization prefers to donate directly to the district, the principal/director will accept the donation, and comply with the provisions of Section D1910.1.

An individual or organization may donate funds to the district through the EEF by contacting any EEF representative. Funds may be earmarked for specific schools, departments, or programs, but not for specific individuals.

The following rules apply to Safety and Emergencies.

The following rules apply to School Safety Plans.

The District shall publish and periodically update a school safety plan in the form of an Emergency Procedure Manual. The manual will provide guidance to schools and departments so that they are able to develop customized emergency procedures that are specific to their sites.

The Emergency Procedure Manual will provide information to sites about how to respond to threats of injury or death, how to respond to severe weather conditions or other potential emergency situations, and how to access emergency assistance.

Risk Management will also provide technical assistance to sites as they develop and update their customized emergency plans and as they respond to specific situations.
Risk Management will further publish and periodically update a District–level Emergency Operations Plan which follows the principles of the Incident Command System (ICS) and the National Incident Management System (NIMS). The plan will be implemented and maintained with the knowledge and cooperation of local emergency responder organizations. Appropriate District personnel will be trained in applicable ICS courses.

The administrator at each site is responsible for working with the site staff to customize the District's Emergency Procedure Manual to the site, to periodically update the site plan, and to review the site's emergency procedures with staff on an annual basis. Questions and assistance needed regarding emergency procedures should be directed to Risk Management.

The following rules apply to Emergencies.

Only the superintendent or the superintendent's designee is authorized to approve the closure of a school in an emergency situation.

At least two earthquake drills shall be conducted each school year. State law requires that students be instructed in “Duck Cover and Hold,” techniques, as well as evacuation after the “all clear” signal is given, during these drills. ORS 336.071(3)

Fire (Emergency Evacuation) Drills shall be conducted by each school monthly during the school session. Responsibility for the planning and coordination of such drills is assigned to the site administrator.

At least 30 minutes in each school month shall be used to instruct students on Fire and Earthquake drills. This shall include communicating routes and methods of evacuating the building.

Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions in case of fire.

Each school site shall report to Risk Management monthly after the required drill is completed, using forms available from Risk Management.

Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system.

As building occupants arrive at the assembly point, efforts shall be made to determine if all occupants have been successfully evacuated or have been accounted for.

An electrically or mechanically operated signal used to recall occupants after an evacuation shall be separate and distinct from the signal used to initiate the evacuation. The recall signal initiation means shall be manually operated and under the control of the site administrator. No one shall reenter the buildings until authorized to do so by the administrator in charge.

Each fall, prior to the Thanksgiving vacation, the superintendent's office will distribute the procedures to be used that year to respond to severe weather conditions and the potential need to cancel classes for the day or to dismiss early.

From time-to-time it may be necessary to consider canceling school at a specific site or to consider an early closure because of an emergency situation that arises at that site. After taking immediate action (see the Emergency Procedure Manual) to deal with an emergency situation, if the administrator believes it is necessary to consider closure, the administrator should consult with the Education Center Team of the School Crisis Response Team (see the Emergency Operations Plan) who will coordinate with the superintendent or the superintendent’s designee.

Eugene School District 4J is committed to ensuring all parents and staff are notified with the correct and up-to-date information regarding any emergency situation occurring at a school or building. Any information released will be confirmed to be as accurate as possible. The District maintains several communication avenues for emergency situations.

The District will use a rapid phone dialer to notify parents and staff of emergency situations.

Ongoing situation updates will be posted to the District’s main webpage during an emergency situation.

The District will utilize its radio station, KRVM, FM 91.9, to disseminate pertinent emergency information.

The District has a cooperative agreement with the American Red Cross to permit the use of certain school facilities in case of a natural catastrophe or other serious emergency. If the Red Cross requests facility use, the District will appoint a Facilities Use Coordinator to manage the request. The Facilities Use Coordinator will be responsible for collaborating with the Red Cross regarding operations, conducting a pre-inspection survey of the site, and securing all equipment that is not to be used by the Red Cross.

The following rules apply to Employee Safety.

Directors and Administrators will:

1. Have a working knowledge of applicable health and safety codes.
2. Implement and monitor a safety program within the Department.
3. Assure the development of general and specific job-related safety rules and procedures.
4. Monitor safety training activities.
5. Review accident and injury trends provided by Risk Management. Take additional corrective actions when necessary. Assure such actions have been documented.
6. Review serious accidents and discuss the corrective actions that have been taken. If necessary, recommend additional corrective actions that need to be taken to minimize reoccurrence.
7. Review the inspection of equipment and facilities and review safety meeting reports from supervisor(s). Make recommendations on areas of emphasis.
8. Monitor or administer disciplinary actions taken against employees for safety violations.
9. Develop general safety rules. Contact Risk Management for assistance if needed.
10. Include safety performance as a factor in performance reviews.  

Supervisors will:

1. Have a working knowledge of health and safety codes.
2. Comply with established safety rules, practices, and procedures.
3. Conduct and document safety meetings/training regularly.
4. Conduct and document safety inspection of equipment and facilities regularly (monthly for high-risk work groups and semi-annually for low risk work groups).
5. Investigate and document all accidents immediately. Determine cause and take corrective actions when applicable. Report to Department Administrator/Director.
6. Take immediate action to correct any known hazardous condition.
7. Consult with the Department Administrator on all safety problems that cannot be corrected at the supervisor level.
8. Counsel employees and use disciplinary action as corrective measures with employees for safety violations. Disciplinary actions will be documented.

Employees will:

1. Become familiar with established safety rules.
2. Comply with established safety rules, practices, and procedures.
3. Use proper safety methods, practices and equipment.
4. Report unsafe work conditions, practices, or methods to a supervisor. 

Risk Management will:

1. Establish District-wide safety objectives and goals.
2. Assist each department in the administration of their safety program.
3. Serve as a resource to each department for program development and consultation regarding specific hazards.
4. Provide statistical data to each department and assist in monitoring the progress of all programs.
5. Meet with both administration and union representatives to discuss safety issues.
6. Respond to any notification of a hazardous job condition and resolve the issue timely and satisfactorily.
7. When a hazardous condition or work procedure creates an "imminent danger" to the health and safety of any District employee, the Risk Manager is delegated  to issue a "stop work" order until the condition or procedure is corrected.
8. Assure the Oregon Occupational Safety and Health (OSHA) Division that employees will be provided a safe work environment in accordance with OAR Chapter 437 Division 2.

 

The following rules apply to Safety Committees.

The District  Safety Committee is a Joint Labor and Management committee. All members are required to complete OSHA Safety Committee training.

Safety committees may be organized at departments and sites to assist  in improving the effectiveness of their safety programs. Committees should function in  an advisory capacity only.  Responsibility and accountability for creating and maintaining a safe environment and review of employee accidents for corrective action, including work evaluation and discipline considerations, will remain the responsibility of supervisors. 

The District Safety Committee will:

1. Identify and monitor department and site accident trends.
2. Assist in identifying program needs, e.g., training, improved inspections, first aid, etc.
3. Conduct general safety inspections and make recommendations to correct hazardous work conditions and procedures. This does not supersede the responsibility for job site or work station inspections.
4. Review major accidents occurring within the District to evaluate what can be done to avoid similar incidents in the future, particularly through different procedures or training efforts.
5. Request clarification of department safety policy where issues arise.
6. Serve as a resource to supervisors in providing support for monthly safety meetings.

 

Personal protective equipment will be used in accordance with OAR 437 Division 2 General Occupational Safety and Health Rules. Employees must use all safety equipment required/necessary for their assigned work. All personal protective equipment provided to District employees will meet all appropriate ANSI standards as prescribed by OAR 437 Division 2. In addition, according to these standards, certain training requirements and certification may be required. Contact Risk Management with any questions.

When an accident or on-the-job injury occurs, it must be reported immediately to the employee's supervisor.

1. Supervisors are responsible for reporting to the Oregon OSHA field office (800) 922-2689, any death of an employee or catastrophes within eight (8) hours, and all accidents or injuries resulting in a hospital admission with medical treatment other than first aid, within twenty-four (24) hours after receiving notification, according to the provisions of OAR 437-001-0053.
2. It is the responsibility of Risk Management to provide each Director with a monthly summary of all reported injury accidents, and to maintain and annually post all reported injury accidents in accordance with OAR 437.
3. Safety meetings and training will be conducted on a regularly scheduled basis (monthly for high risk work groups and semi-annually for low risk work groups). The topic and length of the meeting/training should be determined on the basis of need. Documentation must be maintained for all such meetings and training.

The district will provide safety programs as  required by OSHA. 

The following rules apply to Safety Inspections.

In order to maintain a safe environment for students, staff, and visitors, a quarterly safety inspection will be conducted in accordance with OAR 437-001-0760. Inspection results shall be reviewed with the site/department administrator, Risk Management, and a "correction plan" will be established for any identified safety concerns.

The Custodial/Building Maintenance Coordinator, or another qualified person, will conduct the site inspection.  The 4J School/Department Safety Inspection Checklist will be used as a guideline in conducting the inspection process.

Each 4J work site must conduct one safety inspection during each of the four quarters identified below:

• Quarter #1 – July 1 to September 30
• Quarter #2 – October 1 to December 31
• Quarter #3 – January 1 to March 31
• Quarter #4 – April 1 to June 30

The annual safety inspection performed by the 4J Safety Specialist(s) and the SAIF Loss Control Consultant may count as one of these quarterly inspections.

A reminder will be sent each quarter to all schools and departments that need to complete an in-house safety inspection.
 

The results of all inspections must be documented on the appropriate inspection form available through Risk Management.  The person conducting the inspection should review the completed inspection form with the school/department administrator, and develop a plan for correcting all identified safety concerns.

In the event that safety concerns are identified during the quarterly inspection, corrections need to be made in a timely manner. In the event that safety concerns are not corrected in a reasonable period, then the matter should be referred to the site administrator. The administrator or designee should contact a Safety Specialist at Facilities Management, or the Risk Management office if additional assistance is required.

If the item poses an immediate threat of injury it should be corrected immediately. Otherwise, site and department administrators should determine a reasonable length of time for correcting each item, submit work orders as needed, and monitor progress to ensure that each safety concern in addressed.

A copy of all completed inspections, including a list of the safety concerns identified, and a description of the actions taken to correct the problem must be forwarded to the Risk Management office. The Risk Management office will maintain the "official" file for all District quarterly inspections.

It is recommended that schools and departments maintain copies of their quarterly inspection results for use in tracking and resolving identified safety concerns.

General and specific safety rules and procedures should be posted permanently in such locations as to be readily accessible to all employees.   Other safety information to be posted includes:

• OSHA Citations:  Supervisors should post any OSHA citation, or copies of the citation, in such locations in the work place as to reasonably inform the affected employees.  Each citation will remain posted until conditions causing it to be issued have been corrected.
• Meeting/Training Dates:  Meeting/training dates will be posted long enough in advance to allow all employees to become aware of the date, time, and place of meeting/training (at least three working days).
• Warning Signs, Etc.:  Warning signs, danger signs, warning flags, warning lights, or similar devices will be conspicuously posted at all locations where existing conditions warrant their use.
• OSHA 300 Log:  The OSHA 300 Log will be posted by February 1 of each year and remain posted for a 90 day period per OAR 437-01-275.  Risk Management will submit the OSHA 300 Log to each department.
  
  

 

The required quarterly safety inspections at each school should be comprehensive in nature, and encompass the entire site, including the playground. 

The following rules apply to Property and Liability.

All property damage and loss must be reported by the staff member with the most knowledge of the situation to Risk Management within 72 hours of discovering the loss.  Reports may be made by phone, but must be followed by a written report as soon as possible.  Losses of cash, including checks, credit card receipts and currency, must also be reported to the Financial Services Department.

Risk Management will maintain updated procedures for reporting property losses, including Incident/Property Damage Report forms.  

Amount Allowed for Replacement

The school or department is reimbursed for the cost of replacing the stolen or damaged item with one of comparable quality made from comparable materials. No deduction is made for depreciation. District insurance covers only the replacement of an equivalent item. If an item is substituted with a more costly item, the site/department is responsible for the difference.

The building or department is responsible for a $250.00 deductible for each covered incident.

Risk Management is responsible for pursuing recovery, to include legal action, for recovery of costs from the responsible party. Any recovered costs will be used to offset the repair or replacement costs, and offset to the Department experiencing the loss, if feasible.

The following rules apply to Insurance Coverage.

Any actual or alleged injury or damage to members of the public or their property involving the District must be reported to Risk Management as soon as possible following the occurrence. Reports are required for any bodily injury or damage to property of members of the public as a result of District operations. A report is required by Risk Management if an incident involves:

• District vehicles or equipment (vehicle accidents)
• District operations (i.e., construction, maintenance)
• District premises (i.e., grounds, streets, sidewalks, buildings)
• Accidents involving District employees or approved volunteers while on District time or approved District functions.
• Any hazardous conditions, potential claims, complaints or near-misses should also be reported to Risk Management.

Procedures for reporting Incidents

1. All bodily injury or property damage to members of the public must be reported to Risk Management within 72 hours. Reports may be made by phone, but must be followed by a written report as soon as possible.
2. Written reports must include the following information (incident report forms are available in Risk Management):

• Date, time, and location of incident or loss
• Nature of the incident or loss
• Name(s) of involved third party
• Property damage description and/or photographs
• Bodily injury description and/or photographs
• Names of witnesses
• Name of involved employee(s)
• Name of reporting supervisor and date of report

Auto Insurance Coverage

The District provides auto coverage for all employees, approved volunteers, and agents, over the age of 21, while driving District-owned vehicles or personal vehicles on District business. (excess liability above the individual’s personal coverage).

Excess Car Insurance for Employees

The school District provides excess insurance coverage for regular school employees and approved volunteers. The policy will cover excess liability amounts, excluding property damages, subject to the conditions and limitations of the District's liability policy with a requirement that those employees and volunteers using this coverage agree to carry at least $25,000/$50,000 public liability and $10,000 property damage on their own vehicle insurance.  It covers employees and volunteers while working or acting within the course and scope of their employment / volunteer activity while traveling to and from approved scheduled school activities and will provide coverage while transporting students riding in the vehicle of a regular employee or volunteer.

Principals or department heads should explain to their employees and volunteers that they must have private coverage as listed above in order to be eligible for the excess insurance coverage even though they are using their own vehicle on school business.  Principal or department heads are required to approve the use of private cars by both employees and volunteers before their cars are used for school business.

The 4J Staff and Volunteers Private Auto Insurance Form is required to be completed and submitted to the supervisor. The form is available on the Risk Management website.

The following rules apply to District Vehicles.

The Oregon Department of Education's Oregon Administrative Rules require that students be transported to or from authorized school activities in the following vehicles only:

1. A school bus that meets current school bus standards and is currently in service as a school bus.
2. A district-owned school activity vehicle including:
   
   1. Type 10 activity vehicles designated to carry 10 people or less including the driver
   2. Type 20 activity vehicles designated to carry 15 people, including the driver. Type 20 activity vehicles are constructed to school bus standards but may be different color than yellow and do not have the safety light system, or have it covered while being used as a school van.
3. A chartered motor coach approved by the Oregon Department of Education as a School Pupil Activity Bus or a public transit bus. A charter bus can be used only under one or more of the following conditions:
   1. Approved by the building principal or appropriate director.
   2. A District-owned bus in not available
   3. A District driver is not available
   4. Additional storage space is needed for equipment
   5. Additional comfort and features such as individual lighting is needed for lengthy trips.
   NOTE: All charter buses must be reserved through the Transportation Department to insure District compliance with the applicable Oregon Administrative Rules.
4. A private passenger car or van that is used by the owner of the vehicle to transport students. (See the current seat belt and booster seat law.)

Non-Approved Vehicles

• Students are not to be transported in large privately-owned vehicles such as ‘retired’ school buses, motor homes, or airport-type buses.
• Students are not to be transported in vans that carry over 10 people including the driver.

 

All vehicles used to transport students must be operated by an approved driver when transporting students.

To drive a Type 10 and Type 20 vehicle, the driver must have ‘approved driver status’ from the Department of Education. This requires successful completion of the District driver training, and a criminal record check. Contact the Transportation department for information.

Approved drivers operating private vehicles must complete the Staff and Volunteers Private Auto Insurance Form, which is on the Risk Management website.

District motor vehicles shall be used for District business only and must be operated in a safe, courteous, and lawful manner. The Oregon Vehicle Code applies to all operators of vehicles being operated for District purposes. All applicable motor vehicle laws must be obeyed, and seatbelts, if the vehicle is equipped with such, must be used at all times pursuant to Oregon law.

The same standard of traffic law enforcement shall apply to District employees, during the routine operation of motor vehicles for District purposes, as applies to other citizens. The cost of any traffic or parking citations are the responsibility of the operator, unless an exception is approved by the operator’s supervisor for circumstances deemed to be beyond the control of the employee.

The involvement in an at-fault motor vehicle accident, or the conviction of a violation of the Oregon Vehicle Code while operating a District vehicle while on District business, may result in a change of assignment, revocation of driving privileges, the requirement of the operator to participate in a driver safety course, and disciplinary action up to, and including, discharge and/or disqualification from a position assignment.

Risk Management will maintain updated procedures for vehicular accident reporting.

The Automated Reporting Status is operated through Oregon Department of Transportation, Motor Vehicles Division (DMV), allowing the District to enter names and license numbers of applicable employees and volunteers operating vehicles for District use into its database.  It is designed to ensure that those people who operate vehicles for the District hold a current and valid operator’s license, that the class of license held be appropriate for the vehicle operated, and that they demonstrate the ability to drive safely.

The Automated Reporting Status reporting system generates a report when an action is taken against a license number entered into its database, e.g., if an operator has a moving violation; license suspension; motor vehicle accident; or receives a DMV advisory letter, Risk Management will receive a transcript of the operator’s driving record.  Driving record transcripts and Driving Report Review forms are maintained on file by Risk Management.  

If Risk Management becomes aware of a change in an operator’s license status, which has an immediate effect on an employee’s or volunteer’s ability to legally operate a motor vehicle, that information will be communicated directly to the employee’s supervisor for corrective action.

In addition, if Risk Management becomes aware that the employee or volunteer does not meet the District's driving safety standards, that information will also be communicated to the supervisor.  The employee may be subject to disciplinary action, up to and including discharge.

If an employee loses his/her license, or has an incorrect classification of license, the supervisor must not allow the employee to operate a vehicle for the District. If an employee loses his/her license, the supervisor should contact Risk Management, Transportation Department, and Human Resources so a determination can be made on the appropriate course of action to take.  If employee is required to operate a vehicle for the District on a regular basis, the situation could result in a transfer, demotion, or dismissal from employment.

Supervisors are responsible for checking the Automated Reporting Status list to ensure their employees are in the system prior to authorizing an employee to operate a vehicle for the District.  A report of all employees required to be in the Automated Reporting Status system will be sent to supervisors at six month intervals (or upon request) in order to keep the system updated.  Employees who terminate employment with the District may be deleted from the Automated Reporting Status list after a period of 3 months following termination with no further activity.  All employees who terminate and later resume employment with the District will need to submit a new Driving Record Review form if more than 3 months have passed since leaving employment.

Eugene School District 4J recognizes that the safety of students and staff is a paramount issue, and there exist medical and physical dangers associated with animals, both wild and domesticated, in the classroom and/or on school property.

The District further believes that, under the proper conditions, animals may be an effective educational aid for students. In addition, there exist certain situations when federal and state statutes require accommodation of guide dogs or assistance animals.

No animals, including dogs or cats, shall be allowed in school buildings or grounds while school is in session unless specifically permitted by the Principal or administrator, and proof of appropriate and/or current rabies vaccination is provided. Animals are not allowed to be on District property for any other time frames or reasons. This limitation applies to faculty, staff, and student pets as well as those of the public.

Animals granted permission to be in classrooms, buildings, or grounds will be allowed access only for a specified and appropriate educational purpose for the time necessary to achieve the educational goal. When permission is granted to allow an animal into a classroom or building, the health and safety of students and staff must be given the highest consideration.

Animals are not to be kept in buildings during school vacations, breaks, or extended holidays. Any exceptions must be obtained from the Principal or site administrator.

A written request must be submitted to the Principal or designee, and/or building administrator to have animal visitors in the classroom or on District property prior to bringing any animal on District property.

The request shall include a description of the activity, type of animal, educational purpose/benefit, length of activity, and a plan for the care of the animals. The animal’s owner is responsible for the animal to be currently licensed and have any appropriate inoculations. The Principal, designee, or building administrator has the sole discretion to permit or deny the presence of any animal in the school or building.

In considering the request, the Principal, designee, or administrator shall determine:

• Whether any child or staff member has a health condition (such as allergies) that could be exacerbated by exposure to animals. It is recommended that parents be notified of the plans to have an animal in the classroom so that accommodations may be made for their student.
• If there is direct relevance of the animal’s presence to the District’s curriculum.
• Additional costs related to the animal’s care in terms of sanitation, electrical environmental support systems (heating, cooling, aeration) and nutritional requirements.

In making the final determination to allow an animal access onto District property, the Principal, designee, or administrator shall place the highest emphasis on ensuring the safety of students and staff.  Written authorization by the principal or appropriate administrator must be maintained on file in the school or site office.

Owners of animals shall be solely responsible for the care/safety of their animals and for injuries sustained to the animal or to any persons due to the presence of the animals at the school/building. Further, the animal owner is solely responsible for:

1. Appropriate cages and containers for the animal
2. Sanitation
3. Posting of instructions for emergency treatment clearly near any cage
4. Notification of school nurses or health assistants of the presence of the animal in the building, along with any potential health threats.

 

Access to a school or District property by people whose physical impairment, as defined in ORS 346.690, or employees requiring accommodations under the Americans with Disabilities Act (ADA), who require the use of an assistance animal shall not be restricted from access solely due to the requirement and/or presence of an assistance animal. Employees requiring an assistance animal are urged to contact Human Resources regarding appropriate accommodation.

Staff members or students who have been bitten or otherwise injured by an animal shall report such incident to the Principal or administrator and the school nurse or appropriate medical personnel immediately. The Principal or administrator shall notify the parents in the case of student injury. In the case of a student injury, the person most knowledgeable about the incident shall complete a Student Accident/911 Incident Report available from Risk Management. If a staff member sustains injury, a Preliminary Accident Report of Employee Injury available at http://www.4j.lane.edu/hr/workerscomp shall be completed and forwarded to Risk Management.

An animal which has caused any injury to a student or staff, or displays threatening or menacing behavior of any sort, shall be immediately removed from the building, and Risk Management shall be notified of the incident. Such animal shall not be allowed back onto the District’s property for any reason.

If District employees or volunteers use personal vehicles to transport students, they must:

• Be a 4J employee or approved volunteer on school district business.
• Be over 21 years old and acceptable to the building principal.
• Carry the minimum state mandated limits for personal auto insurance (at least $25,000/50,000 bodily injury liability, $50,000 uninsured bodily injury, $10,000 each for personal injury protection and property damage liability coverage).
• Use a booster seat for all children over forty pounds to 4'9" tall unless they have reached age eight.

Child passengers must be restrained in child safety seats until they weigh forty pounds. Infants must ride rear-facing until they reach both one year of age and twenty pounds.

Each driver must fill out an 4J Staff & Volunteers Private-Auto Insurance Form, available at http://www.4j.lane.edu/hr/districtautoinsurance. This form can be kept on file in the school office for future trips.

Privately-owned large vehicles such as "retired" school buses, motor homes, or airport-type buses do not qualify as an approved vehicle.

 

Local and regional travel includes travel to conferences, employee travel between work sites, and employee travel while transporting students on field trips.

The District provides:

• Auto liability coverage for travel in all district vehicles, including leased or chartered vehicles. Coverage’s include liability for property damage or bodily injury to a third party, as a result of an accident caused by the negligence of a district employee.
• Auto liability coverage for travel in personal vehicles while on district business. Coverage’s include liability for bodily injury to a third party, as a result of an accident caused by the negligence of a district employee. Coverage is only for damages above the limits of the employee's personal policy.

If Staff transport students in personal vehicles, the staff member shall:

• Be over 21 years old.
• Be approved by the school principal.
• Carry personal auto insurance with at least $25,000/50,000 public liability coverage and $10,000 property damage coverage.
• Complete the 4J Staff & Volunteers Private-Auto Insurance Form, available at http://www.4j.lane.edu/hr/districtautoinsurance.

 

When staff use rental cars for District business, collision and comprehensive coverage are automatic if the vehicles have been rented by the District.

To ensure District coverage for rental cars, a District credit card or purchase order must be used to rent the vehicle.  School District 4J must appear on the rental agreement as the renting agent. Individual employees should not list themselves as the renter. If the District employee appears on the rental agreement as the renting party, collision and comprehensive coverage are not available through the District.

All bicycle trips with groups of students must be for an educational/instructional purpose with adequate adult supervisors and safety precautions.

Requirements for 4J Teachers and Staff:

• All trip participants are required to wear a helmet, so check the availability of helmets
• Make sure there is at least one adult supervisor for every group of seven students or less

All approved bicycle field trips should follow these guidelines:

• Student travel insurance is reommended for bike field trips.
• Review safety and traffic rules before leaving campus and remind students they are expected to abide by traffice signs and adhere to safe biking practices.
• Communicate helmet and safety guidelines to parents and establish a partnership with them to promote bike safety.
• Spot check bicycles before leaving to make sure:
  1. Bicycles are the right size for students. (Students should be able to touch the ground with their toes while sitting on the bike seat.)
  2. Bicycles have working brakes, properly inflated tires and no dangling parts.
  3. All trip participants are wearing a helmet and the first and last person in each seven-member group is wearing a reflective vest for visibility.

Bicycle trips with students below the fifth grade are not allowed.

The following rules apply to Student Transportation.

The district will implement Board Policy EEA regarding Transportation To and From School.

When a bus driver encounters a student discipline problem that is either less serious behavior that has been repeatedly corrected or is more serious behavior, he or she will fill out a “Bus Drivers Report on Pupil Conduct” form and give it to the student.

The student must obtain his or her parent’s or legal guardian’s signature and the principal’s signature before being permitted to ride the bus again. If the student conduct report is issued in the morning on the way to school, the student may ride home in the afternoon. The principal will decide whether the student will be denied the privilege of riding the bus, and if so, for what length of time. The principal will inform the parents and the Transportation Department of his or her decision.

The signed form must be given to the bus driver by the student before he or she will be permitted to ride the bus again. It is the responsibility of the bus driver to adhere strictly to this procedure. Generally, the following guidelines for handling the “Bus Drivers Report on Pupil Conduct” will be observed unless the principal makes another determination:

1. First violation--Warning by principal
2. Second violation--10-school day suspension from riding the bus
3. Third violation 20-school day suspension from riding the bus
4. Fourth violation--permanent suspension from riding the bus for the remainder of the school year

All suspensions, and the length of the suspensions, are to be made by the principal. Under no circumstances is a bus driver permitted to suspend a student from riding the bus.

The transportation office must be notified immediately of any bus suspensions so that appropriate action can be taken to ensure that the student will not be permitted to ride the bus during the suspension period.

If a parent requests a review of a bus suspension, the following people may be present:

1. Transportation Manager or designee
2. Principal who suspended the student
3. Bus driver
4. Parents or legal guardian of the student
5. Suspended student
6. Parents’ representative, including an attorney, if they wish one to be present

 

Pupils being transported are under the supervision of the bus driver.  Supervision means that the bus driver is in charge of the students while riding the bus and while boarding and unloading at the bus stops.  The bus driver does not have the authority to remove a student from the bus while en route to and from school.  The bus driver may only let a student off at his or her home bus stop or at the student’s school unless written permission is provided by the parents or legal guardian to permit the student to disembark at another established stop. 

The district will publish the Oregon State Board of Education rules that govern students riding school buses on its website at http://www.4j.lane.edu/transportation/busrules.

Bus routes and bus stops are approved each year prior to the opening of school.  Unauthorized stops to pick up or let students off the bus will not be made.  Only those stops shown on the bus schedule, or additional stops that have been approved by the Transportation Manager, will be made. 

No bus will operate in excess of its stated load capacity. 

The Eugene Public Schools has the responsibility to provide for the special transportation needs of students with disabilities when they meet the criteria established below.  All policies and procedures related to the provision of transportation for the nondisabled apply to students with disabilities except as noted below or that are shown to work a hardship on the individual student.

1. Students are eligible to be considered for Special Transportation from home to school and back if they have a verified disability and the school is indicated on the IEP, IFSP, or 504 Plan as the official placement.
2. The same distance requirements (i.e., one mile for elementary students and one and one half miles for secondary students) apply unless there is a physical, behavioral, or mental handicap that interferes with the student’s ability to walk to and from school.
3. Preschool students with disabilities may be transported to and from school if they are officially placed in a school district special education program, state operated program (e.g., Regional Programs for the Hearing Impaired or Orthopedically Impaired), or other program approved by the school district.

When a bus driver encounters a discipline problem involving a student with disabilities, the driver may use the same process as described in Administrative Rule E2100.1, providing the outcome is not in conflict with  OAR 581-021-0065(1) through (3) and all applicable procedures are consistent with OAR 581-053-0010, and the Individuals with Disabilities Education Act;

Transportation will not be provided for students attending school on an administrative transfer basis.

The transportation manager will approve requests from the parents of resident students who attend private schools to ride on school district buses if no route changes are necessary.

The Board of Directors believes that the school sometimes should transport students outside of the classroom to provide experiences to enhance school programs as well as provide opportunities not available in the classroom.

Only Approved Vehicles as defined in E1540.1 driven by Approved Drivers as defined in E1540.2 may be used to transport District students of any age on a field trip or to any school district authorized activity.

If a school wishes to transport students on a field trip or to a District authorized activity using (1) a District school bus, (2) a chartered school bus or (3) a chartered motor coach which has been approved by the Oregon Department of Education as a School Pupil Activity Bus, the bus service must be ordered through the Transportation Department in order to insure compliance with all applicable laws rules, and regulations including those listed in OAR 581-053-5556.

The district will implement board policy ECA regarding landscape management using the following principles and rules.

Introduction
A goal of Eugene School District 4J is to provide aesthetically pleasing and functional landscapes at all developed sites using ecologically sound and appropriate management practices. These management practices will provide safe and healthy landscapes for students, staff and patrons. Landscape design will support school and community needs and values, recognizing outdoor spaces as important and educationally diverse. Best practices will be based upon Integrated Pest Management, proactively pursuing effective alternatives to pesticides. Plant health and landscape viability will guide procedures and guidelines.

Outdoor spaces are part of the educational environment. Like their indoor counterparts, they provide a range of educational opportunities including specific bio-environments, play surfaces, fields and landscaped areas. The unique aspects of outdoor areas enhance and complement instruction, and expand the learning opportunities for all students. Because outdoor spaces are essential learning environments, best practices concerning safety, environment and instruction should drive decisions concerning design, construction and maintenance of all outdoor spaces.

Health and Safety
School District 4J strives to provide safe and functional facilities; it must also protect the health of students, staff and the community. The health of students is a particular concern because they are smaller, still developing, and interact more closely with their environment. Students are affected more profoundly by threats to their health than adults would be in comparable situations.

We endeavor to have safe facilities. The District must be proactive, agile, and open to innovation. Additionally, the district strives to be a good neighbor. This includes an awareness of the proximity of adjoining properties, practicing responsible landscape management, and seeking active communication between the district and the community. Highly specialized environments such as play ground areas and sports fields need to be maintained at a high level.

Functional Design
4J needs to have facilities with designs which will be compatible with program goals and community needs. The following principles need to be incorporated into these designs:

• Optimal use of land
• Appropriate access and connections from off property
• Multiple Uses
• As compatible as possible to neighbors
• Support educational curricula
• Accessibility
• Environmentally responsible

The constraints include the following:

• Regulatory requirements (City, State, Federal)
• Budget limitations
• Location and configuration of property
• Operating within internal 4J guidelines

The configuration of a new site (the way the building and other features relate to the surrounding properties and streets) needs to be considered, with the objective of providing the best possible use of the property. New and existing facilities need to be safe to use. Outdoor facilities need to be able to accommodate a variety of activities, and both school curriculum and community goals should be incorporated.

Aesthetics
Schools serve as community gathering places. Both indoor and outdoor spaces are used extensively, over and above daily instructional schedules. Outdoor spaces need to reflect, as much as possible, community values and provide an attractive, welcoming environment. A sense of aesthetics needs to be reflected in district's design, construction and maintenance approaches. The tools provided by IPM should guide maintenance decision-making.

Integrated Pest Management (IPM)
IPM is a thoughtful approach to managing pest problems, balancing economic, social and environmental factors. IPM is the process of making decisions in a systematic manner using all available information and scientific disciplines to prevent pests (unwanted organisms that are a nuisance to people or domestic animals, and/or can cause injury to humans, animals, plants, structures and possessions) from reaching economic or intolerable levels. It strives to prevent or suppress pests with minimum impact on human health, the environment and non-target organisms. IPM considers all possible control options. Prevention, Exclusion, Structural modification, and Tolerance are the first line of defense. Non chemical techniques are preferred. If non chemical techniques are found to be impractical or unsuccessful, then the least toxic pesticide that proves effective will be considered.

Any application of a pesticide must be made by personnel authorized by 4J, with explicit written authorization from the Director of Facilities Management or designee. Any application must be made, when required, by a licensed applicator.

Capital and Maintenance Costs and Use
4J Facilities Management is mandated to provide aesthetically pleasing (or acceptable), safe, and functional outdoor spaces for a number of intended purposes. Maintaining plant health and preserving other physical components of grounds in order to achieve maximum longevity of district assets is essential. The decision making process for determining maintenance measures and procedures will consider capital costs, aesthetics, operational/ongoing costs, safety concerns, and site preferences and will endeavor to achieve the best possible balance of the above factors within realistic constraints. There is a responsibility to preserve or enhance the capital value of the property.

Legal Reference(s) used in Board Policy:
ORS 332.172 -- use of buildings
OAR 437-001-0760 OSHA standards
OAR 437-002-0020 to -0081 general OSHA standards
OAR 437-002-0140
OAR 437-002-0144
OAR 437-002-0145
OAR 437-002-0180 to -0182 fire protection
OAR 437-002-0360 adoption
OAR 437-002-0368 asbestos references, primarily carcinogens
OAR 437-002-0377 subpoenas, citations, penalties
OAR 581-022-1530 auxiliary services
Toxic Substances Control Act, 15 U.S.C. Sections 2601-2629, as amended by the Asbestos Hazard Emergency
Response Act of 1986, 15 U.S.C. Sections 2641-2656.

District staff will identify landscape areas and features which present challenges to maintain at a high level of safety and/or attractiveness.  The examination of these issues takes the form of matrices, which will be generated for all outdoor issues for which the use of pesticides could come into play.  These matrices will provide a range of treatment options, starting with those which are considered to have the least impact.  The IPM concepts of prevention, exclusion, structural modification, and tolerance will be represented in the matrices. 

PREVENTION: Prevention is the primary preferred strategy.  The aim of prevention is to create an environment that is not conducive to pest colonization, growth, and reproduction.

EXCLUSION:  Exclusion techniques use barriers to keep out potential pests.  In the 4J pest management matrices, exclusion techniques are preferred over chemical treatments.

STRUCTURAL MODIFICATION:  Structural modifications change the exterior school environment so that pest problems are easier to manage.  In the 4J pest management matrices, structural modifications are preferred over chemical treatments.

TOLERANCE: Tolerance of pests whose populations have not reached the level set as an action threshold is a key part of integrated pest management.  4J pest management matrices will always specify action thresholds for recommended treatments.

When a consideration for the use of chemicals is made, several steps need to be followed.

DECISION TO USE CHEMICALS 

Step 1: The need for a chemical application will be determined jointly by a  Facilities Safety Specialist and the Grounds Supervisor.  Chemicals will be considered and used only after non-chemical means have been attempted, and determined to be inadequate to remedy a given situation.

Step 2: Check with Facilities Director or designee to assure the appropriateness of the application.  (This is actually a pre-check.  It establishes if there is even the willingness to consider chemical application in a specific situation.  All applications must be subsequently approved in Step 4.) 

Step 3: Depending on the time of year and the level of the treatment, the Site Administrator may need to approve, on behalf of the site. The Site Administrator is expected to confer with the appropriate stakeholders at the site at which the application would take place.  The exact process will be at the discretion of the Site Administrator. Facilities staff may choose an option from the matrix which calls for pesticide treatment. 

Step 4: All applications need written authorization prior to application from the Facilities Director and/or designee specifically designating the scope, breadth and timing of application.

Step 5: New issues may emerge for which district staff may need advice from the Landscape Advisory Committee, a committee established by 4J Facilities of community stakeholder representatives and 4J district staff to meet as needed.  This may take place either in meetings, or via email, and the results of this consultation will be passed to the Facilities Director for approval inclusion in this program.

NOTIFICATION
Prior to pesticide application, the site will be posted preferably 48 hours in advance, and at minimum 24 hours in advance and will remain posted for 24 hours.
After any pesticide application, except for authorized Emergency Use where special notification provisions will be made.

• MSDS (Material Safety Data Sheet) and Specimen labels shall be available at 4J Custodial Grounds and 4J Facilities Management.
• For applications which take place during the school year (albeit on non-student days, see below) there is the opportunity to receive advance notice of this application, on request.  After a decision has been made to use chemicals on an affected site, notification will be given 48 hours prior to treatment.
• An explanation of this program, including a summary of anticipated types of pesticide applications, will be included in the back-to-school materials which are mailed to the families of every 4J student each August.  Questions should be directed to the 4J Safety Specialist at 687-3257.

EMERGENCY USE
Situations may arise in which outdoor pests pose an immediate threat to health and safety.  This may include, but not be limited to, stinging insects such as bees, wasps, and hornets.

• When an emergency situation is found and documented, for example a nest populated by stinging insects is identified; the Facilities Director or designee will be informed.  Only the Director or designee will be able to authorize a chemical treatment.  There will be a record of this, in writing and/or electronically.

Treatment will take place at the appropriate time of day to create the greatest level of safety and effectiveness of application.  For example, if authorized, chemicals to address nests of stinging insects will be applied around or after sunset, that day, or around sunrise the morning.

• For nests, use of professional contractors may be used for extraction as appropriate.
• For stinging insects, an insecticide with mint oil as active ingredient will be used, unless this proves, over several occasions to be ineffective (effective=100% kill of the nest population).  If an ineffective situation occurs, then a least toxic effective insecticide for insect nests will be used.
• If a the nest is discovered either on a play structure, or in the ground in an area covered by wood chips, then the nest will be frozen with carbon dioxide and either removed (above ground) or covered up (below ground).  If this measure is found to be ineffective, then the insecticide with mint oil will be used, with the least toxic conventional insecticide as the last resort.  Residue would then be washed off any play surfaces. If a conventional insecticide is used, notification will be posted for a minimum of 24 hours.
• Director or designee will notify the school principal.

For other situations which are considered emergencies, district staff will consider the guidance of other government agencies and/or health and safety consultants, with the goal of effectively addressing the emergency while protecting students, staff and public from exposure to any chemicals which may be used.

WORK PRACTICES 

• Applications of pesticides on school grounds will take place only on non-school days, and only when no one other than those involved in the application are immediately present in the vicinity of the application. Exceptions to this are as follows:
  
  • Emergency Use (stinging insects).
  • Gopher/Mole treatments (These treatments will be done early in the morning during the wet season.  No students, building staff or public will be present.)
• All safety requirements listed on the product’s label will be strictly adhered to. District will make available safety equipment for district employees.  Private applicators will insure safety equipment will be used by their employees.
• No applications will take place if conditions threaten winds drift.
  
  • Wind velocity exceeding 5mph.
• No applications (other than gopher/moles and moss treatments) will take place if rain is expected within 6 to 8 hours.
• At a minimum, the area involved (other than sites involving gopher/mole treatments) will remain closed throughout reentry period stated on the specimen label.
• All applications of a US EPA registered insecticide, other than moss treatments on roofs, will be done by licensed applicators.
• Product selection criteria will include:

• Minimal impact on non-target species
• Least damaging long-term impacts on the environment
• Least hazardous to human health
• Preserves function of the natural ecosystem
• Least disruptive of natural controls that are present
• Low volatility of active and inert ingredients

• Applications on district property which do not normally accommodate students (such as Facilities Management and Transportation) and new construction prior to occupancy will to be subject to conditions outlined in the matrices, and will be posted 24 hours in advance, except emergency applications, and will not be subject to any other notification requirements. 

The district frequently uses materials (e.g. plants, shrubs, and soils) from outside sources that may have been treated with pesticides prior to receipt by the district. Because in most cases the pesticide history of these materials is unknown, these materials are not subject to these guidelines. However, the district will attempt in good faith to determine if these materials have been treated with pesticides and will use the materials in conformance with the intent of the overall landscaping policy.

• For each application of a registered pesticide, a record shall be kept and reported according to the State of Oregon Department of Agriculture reporting requirements.

RESPONSE TO EXPOSURE CONCERNS

• A Facilities Safety Specialist and/or Grounds Supervisor will immediately respond to and investigate any claims or concerns related to exposure to any materials applied.
  
  • The Facilities Director will be immediately notified.  They, in turn, will notify others in the District if appropriate.
• If conditions warrant, the areas under concern will remain closed and cordoned off until an investigation is completed.
  • The district’s Health Services, contract industrial hygiene firm, or any other knowledgeable sources of information will be consulted when appropriate.
  • If the suspected exposure was caused by an accidental spill, the product will be cleaned up as soon as possible.
  • The area will be re-opened for use only when district staff, with any necessary consultation from outside sources, determines that the hazard no longer exists.  Every other precaution will be taken, as appropriate, to prevent further harm.  The occurrence will be reviewed with assessment of how such occurrences can be prevented in the future.
• A detailed written report will be provided to the parties who brought forth the concern or complaint, as soon as possible, after the resolution of the emergency.

TESTING CHEMICAL PRODUCTS
The District guidelines permit the safe, thoughtful, limited and judicious use of chemicals on certain occasions, only.  To ensure safety and efficacy, the District will sample & evaluate chemicals in a controlled environment before any use at a building site.  For example, a section of the fenced area where grounds vehicles are parked could be cordoned off and used to sample chemicals against various types of unwanted vegetation.  Areas treated with water soluble chemicals would be irrigated a specified number of days after chemical application, and then tested for chemical residue.  The intent would be to develop application methods that maximize environmental safety prior to the area being accessible to students, staff and the community. 

 

 

 

 The district will implement the following rules regarding the Local Wellness Program.

 

1. The minimum student participation standards for elementary and middle schools are as follows:
   
   
   1. Elementary School
      • The minimum standard for student participation in physical education and activity at elementary grades 1 through 5 shall be 60 minutes weekly, to be provided at least two different days during the week.
      • Note:  This requirement reflects decisions made due to budget limitations.  The goal of the superintendent is to increase the minimum standard for student participation in physical education and activity at elementary grades 1 through 5 to 75 minutes weekly, and eventually to 90 minutes weekly to be provided at least two different days during the week.
      • Unstructured recess time is not to be replaced or reduced in order to provide mandated planned instructional physical education minutes.
   2. Middle School
      • The minimum standard for all 6th grade students shall be 3200 minutes of physical eduation, preferably distributed evenly throughout the school year.  It is highly recommended that physical education be available for all students at 7th and 8th grades.
      • Note:  This requirement reflects decisions made due to budget limitations.  The goal of the superintendent is to increase the minimum standard for all 6th, 7th and 8th grade students to 3200 minutes of physical education each year, preferably distributed evenly throughout the school year.
2. Guidelines for state-scheduled adoption of physical education curriculum and delivery of instruction, including standards and assessment, will be developed by the district's Instructional Leadership Team and approved by the district's Instructional Policy Council.

1. The district will provide a coordinated school health program that takes into consideration the following areas:
   1. Comprehensive Health Education: Developmentally-appropriate K-12 curricula addressing a variety of topics, developing health knowledge, attitudes, and skills.
   2. Health Services: School-based or school-linked access to preventive services, referrals, emergency care and chronic disease management for all students.
   3. Counseling, Psychological and Social Services: School-based or school-linked services focusing on cognitive, emotional and behavioral needs of individuals, groups and families.
   4. Physical Education: A K-12 planned program developing basic movement skills, enhancing physical fitness, promoting lifelong physical activity.
   5. Nutrition Services and Education: School-based or school-linked programs that assure all students affordable and nutritious meals, deliver nutrition education partnership with the classroom teacher.
   6. Healthy School Environment/Policy: A healthy and supportive school climate, and a safe and aesthetically pleasing physical environment.
   7. Health Promotion for Staff: School based or school-linked programs promoting physical and mental health for staff and discussing the importance of positive role modeling for students.
   8. Family and Community Involvement: Meaningful partnerships among schools, families, and communities enhancing the healthy development of youth.
2. Guidelines for state-scheduled adoption of nutrition education curriculum and delivery of instruction, including standards and assessment, will be developed by the district's Instructional Leadership Team and approved by the district's Instructional Policy Council.

 

National School Breakfast and Lunch Programs
In order to increase the nutritional integrity of the breakfast and lunch program while decreasing plate waste and reducing food cost, the district will follow nutrient standard menu planning and will strive to meet federal nutrition standards on a daily, rather than weekly basis.

Competitive Foods: A La Carte
The portion size of a la carte entrees (freshly made daily entrees, pre-packaged entrees), servings of dairy products and side dishes will not be greater than the size of comparable portions offered as part of school meals. Fruits and non-fried vegetables are exempt from portion-size limits.

An entrée item that is sold individually may not contain more than four grams of fat per 100 calories and may not contain more than 450 total calories.

Competitive Foods:  Snacks
Other a la carte items (“snacks”) will meet the Healthy Snacks Guidelines.

Healthy Snacks Guidelines

Applies to: Items sold in a school at all times during the regular or extended school day, as defined by ORS 336.423(5)(a) and (5)(b) which state:

The standards required by this section apply to food and beverage items sold in a school at all times during the regular or extended school day when the activities in the school are primarily under the control of the school district board.  This includes, but is not limited to, the time before or after classes are in session and the time when the school is being used for activities such as clubs, yearbook, band or choir practice, student government, drama rehearasls or child care programs.

The standards required by this section do not apply to food and beverage items sold in a school at times when the school is being used for school-related events or nonschool-related events for which parents and other adults are a significant part of an audience or are selling food or beverage items before, during or after the event, such as a sporting event or another interscholastic activity, a play or a band or choir concert.

Snack Foods: Each individual food item may not contain any trans fat and will have no more than:

• 35% of its calories from fat (excluding legumes, nuts, seeds, non-fried vegetables, cheese, eggs, and other nut butters) and 10% of its calories from saturated (excluding nuts, eggs, and cheese);
• 35% of its weight from added sugars (does not apply to fruit and vegetables);
• 350 mg of sodium per serving for bread, sweets and salty snacks; 480 mg for nutrient-dense snacks (nuts, seeds, fruits, vegetables, dairy); 530 mg for pre-packaged entrees, such as "hot pockets", soups, burritos; 600 mg for freshly made daily entrees.

K-5th Grade -  items may not contain more than 150 total calories.

6-8th Grade - items may not contain more than 180 total calories.

9-12th Grade - items may not contain more than 200 total calories.

Beverages

K-5th Grade
Beverages will be limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than eight ounces, is 100% juice with no added sweeteners and contains no more than 120 calories per eight ounces.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than eight ounces, is fat free or low fat and, if flavored, contains no more than 150 calories per eight ounces.

6-8th Grade
Beverages will be limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than ten ounces, is 100% juice with no added sweeteners and contains no more than 150 calories.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than ten ounces, is fat free or low fat and, if flavored, contains no more than 190 calories.

9-12th Grade
Beverages will be limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than twelve ounces, is 100% juice with no added sweeteners and contains no more than 180 calories.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than twelve ounces, is fat free or low fat and, if flavored, contains no more than 225 calories.
• A no-calorie or low-calorie beverage if the beverage contains no more than 10 calories per eight ounces, excluding beverages defined by the U.S. Department of Agriculture (USDA) as “Foods of Minimal Nutritional Value” (e.g., soda water).  A beverage that is not more than 12 ounces and contains no more than 100 calories, excluding beverages defined by the USDA as “Foods of Minimal Nutritional Value.” 

Healthy Parties Guidelines

Applies to Food Distributed During the School Day as Part of a Celebration or School Party.

Beverages

Encouraged:

K-5th Grade
Beverages limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than eight ounces, is 100% juice with no added sweeteners and contains no more than 120 calories per eight ounces.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than eight ounces, is fat free or low fat and, if flavored, contains no more than 150 calories per eight ounces.

6-8th Grade
Beverages limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than ten ounces, is 100% juice with no added sweeteners and contains no more than 150 calories.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than ten ounces, is fat free or low fat and, if flavored, contains no more than 190 calories.

9-12th Grade
Beverages limited to water and the following:

• Fruit or vegetable juice, provided the beverage item is not more than twelve ounces, is 100% juice with no added sweeteners and contains no more than 180 calories.  
• Milk or a nutritionally equivalent milk alternative, provided the beverage item is not more than twelve ounces, is fat free or low fat and, if flavored, contains no more than 225 calories.
• A no-calorie or low-calorie beverage if the beverage contains no more than 10 calories per eight ounces, excluding beverages defined by the U.S. Department of Agriculture (USDA) as “Foods of Minimal Nutritional Value” (e.g., soda water).  A beverage that is not more than 12 ounces and contains no more than 100 calories,  excluding beverages defined by the USDA as “Foods of Minimal Nutritional Value.”

Not allowed: Beverages of Minimal Nutritional Value as defined by the USDA (soda water or "pop").

Foods

Encouraged:

Each individual food items that do not contain any trans fat and have no more than:

• 35% of its calories from fat (excluding legumes, nuts, seeds, non-fried vegetables, cheese, eggs, and other nut butters) and 10% of its calories from saturated (excluding nuts, eggs, and cheese) 
• 35% of its weight from added sugars (does not apply to fruit and vegetables); 
• 350 mg of sodium per serving for bread, sweets and salty snacks; 480 mg for nutrient-dense snacks (nuts, seeds, fruits, vegetables, dairy); 530 mg for pre-packaged entrees, such as "hot pockets," soups, burritos; 600 mg for freshly made  entrees.

Portion Sizes

Portion sizes should be reasonable given the age of the student.  Appropriate portion sizes for beverages are noted under “Beverages.”

Suggestions for Healthy Foods for Snacks and Parties

• Fresh fruits and vegetables
• Lo-fat yogurt or sour cream-based dips (be aware of sugar and salt content)
• Canned fruits (preferably packed in natural fruit juices instead of syrups)
• Dried fruits
• Trail mix and granola bars (be aware of products that contain nuts or nut byproducts)
• Sunflower or pumpkin seeds
• Yogurt or Soy-gurt
• Jerky
• Ritz chips
• Baked chips (be aware that baked Cheetos and Sunchips are higher in fat and sodium than other baked chip varieties)
• Salsa, guacamole, bean dip and fruit salsa
• Pita bread or pita chips and hummus dip
• Whole grain cereals (be aware of sugar content)
• Whole grain or multigrain crackers and cheese (cheese made with 2% milk is better)
• 100% frozen fruit juice bars
• Fruit smoothies (preferably yogurt or sorbet based)
• Whole grain and fruit/vegetable breads and muffins: banana, zucchini, carrot or oatmeal bread, bran muffins, etc.
• Other fruit-based desserts:  fruit and yogurt parfaits, strawberries, raisins, cherries, etc.
• Nabisco 100 calorie packs (Wheat Thins, Chees Nips, Chips Ahoy, Oreo)
• Quaker Multigrain Minis (Honey Graham, Cinnamon Sugar)
• Nutrigrain Bars
• Pretzels (low salt is better)
• Bagels (whole grain is better)
• Tortilla roll-ups: meat and cream cheese and salsa, etc. (cut into finger-size pieces)

The following administrative rules apply to Facilities and Sites.

A program capacity has been established for every school in the district in accordance with a prescribed formula.  The program capacity will be reviewed each year by the district's Director of Facilities Management or designee in conjunction with the Superintendent or designee. It is the responsibility of the principals to keep the Director of Facilities Management or designee apprised of any program or building changes which affect the capacity of the school.
         
Capacity figures will be used by the district administrative staff in making decisions relating to such matters as the location of special programs, boundary changes, and student transfers.

The district will implement board policy ECD re: Regulations Concerning School Grounds.

The district will implement the following rule regarding Security.

Electronic security systems have been installed in all buildings. These systems provide a means to discourage and detect unauthorized intrusion when the buildings are unoccupied. In order to maintain building security, it is the responsibility of all District employees to properly use the security systems, as described in procedures maintained by the Facilities Department.
 
RELATED PROCEDURES
The security systems are designed so that specific doors in each area are wired as ‘delay doors’. Opening a ‘delay door’ initiates a timed delay period to allow the area’s security system to be disarmed (de-activated) by means of an electronic keypad without causing an alarm. If an alarm occurs, there will be audible annunciation (sirens) and an alarm report will be sent to a Central Monitoring Station where appropriate action will be taken. The District’s security guard service contractor will be dispatched unless the alarm is cancelled (disarmed) within a reasonable amount of time. There is no telephone number available to call in order to cancel an alarm.
 
It is the responsibility of all District employees to properly use the security systems. This includes, but is not limited to, the use of the security system log to manually sign in and out of the area. The security system log is located at each "pinpad" (this is the electronic keypad that accepts pin numbers). The first person entering an area has the responsibility to disarm (de-activate) the system and the last person leaving the area has the responsibility to arm (activate) the system.

The district may lease to others vacant space or land. Prior to the decision that a property is to be leased, the district will first evaluate whether the property can be put to other school district uses. Long-term leases of more than three years will be subject to the land use decision-making process by the school board (See Board Policy FB). The district should anticipate that there may be more than one proposal for use of a given facility. The district will consider proposals from the following potential users according to applicable zoning ordinances:

• other tax-supported agencies
• neighborhood and community groups
• private, nonprofit groups
• private or parochial schools
• small businesses
• clean, quiet industries
• other appropriate users

1. The district will retain ownership of the property to be leased.
2. The maximum term of the lease will be ten (10) years unless the Board determines otherwise.
3. The district will not expend or become obligated to expend any funds on buildings or building improvements to accommodate users unless such expenses are recovered within the terms of the lease agreement.
4. The district will maintain all buildings and grounds on a regular basis unless provisions of the lease agreement specify otherwise. Where feasible, a portion of each site, and especially playground facilities, shall continue to be made available for community and neighborhood use.
5. The impact on the neighborhood and community will be considered. Examples include traffic, parking, and compatibility with the neighborhood.
6. There will be adequate services--including water, sewage, and drainage--to support the proposed use.
7. Single use of a building is preferable to multiple use.
8. Long-term use is preferable to short-term use.
9. The lessee will be responsible for and bear expenses for applications for conditional use permits, building permits, and/or occupancy permits (as necessary). The lease agreement will not be final or binding until evidence has been furnished to the superintendent that the necessary permits have been obtained.
10. Any modifications to the structure to meet the needs of the lessee shall be at the lessee's expense, and subject to prior approval by the district. The lessee shall return the building to original condition upon vacating the building unless waiver of this requirement is approved by the superintendent or designee.

When a school building has been vacated, the district may lease the building to other users as zoning ordinances and school board policies permit.  After considering potential district uses, the superintendent will publicly notify the community that the district seeks lessees for certain vacated buildings.
   
If a proposed lease is of more than three (3) years duration, the school board will make the decision, following board policies FB and DFDB.
   
If the proposed lease is of more than one (1) year but no more than three (3) years duration, the following administrative procedures will apply:

1. Facilities Management will to advise the Superintendent or designee upon specific lease proposals.      
2. Facilities staff will review the proposed uses and will report to the superintendent whether each proposed use is permitted by the zoning ordinance, whether the use is fiscally advisable, and whether the use is compatible with the neighborhood.  If more than one use is judged to be permissible, fiscally sound and compatible, the superintendent or designee may make nonbinding recommendations on the use.
3. The district will retain ownership of the property to be leased.
4. Options to renew may be written into the lease agreement at the discretion of the district. However, renewals which would extend over three years in duration will be subject to decision by the school board, according to policies FB and DFDB.
5. The district will not expend or become obligated to expend any funds on buildings or building improvements to accommodate users unless such expenses are recovered within the terms of the lease agreement.
6. The district will maintain all buildings and grounds on a regular basis unless provisions of the lease agreement specify otherwise. Where feasible, a portion of each site, and especially playground facilities, shall continue to be made available for community and neighborhood use.
7. There will be adequate services--including water, sewage, and drainage--to support the proposed use.
8. Single use of a building is preferable to multiple use.
9. Long-term use is preferable to short-term use
10. The lessee will be responsible for and bear expenses for applications for conditional use permits, building permits, and/or occupancy permits (as necessary).  The lease agreement will not be final or binding until evidence has been furnished to the superintendent or designee that the necessary permits have been obtained.
11. Any modifications to the structure to meet the needs of the lessee shall be at the lessee's expense, shall be subject to prior approval by the district, and the lessee shall return the building to original condition upon vacating the building unless waiver of this requirement is approved by the superintendent or designee.

The following administrative rules apply to Human Resources.

This section contains rules and expectations that apply to all employees of the Eugene School District 4J (District). By reading this section, employees will better understand what is expected of them, as well as what they can expect from their employer, Eugene School District 4J. Each District employee is responsible for familiarizing her/himself with this section and complying with the rules it contains, as well as referenced Board policies and other administrative rules. Additionally, each employee is responsible for knowing Board policies and administrative rules that apply to his or her department or job.

If any provision of this section conflicts with any District bargaining agreement which applies to you, the bargaining contract takes precedence.

It is the policy of the District (District Board policy, GBA) to treat all applicants and employees fairly and impartially without regard to race, religion, creed, color, national origin, sex, age, disability, marital or family status, sexual orientation, gender identity, source of income, or any other basis prohibited by local, state, or federal law, except where there are bona fide occupational requirements. The District is committed to extending equal employment opportunity to all persons in all aspects of employment including recruitment, hiring, promotion, layoff, termination, demotion, transfer, training, pay, benefits, use of facilities, and all other terms, conditions, and privileges of employment.

The District will collect demographic information from applicants and employees to be used for federal reporting and affirmative action (AA) tracking purposes. The information is provided on a voluntary basis and is self reported.

The District is committed to fair and impartial treatment of all employees, applicants, contractors, volunteers, and agents of the District, and to provide a work environment free from discrimination and harassment, where people treat one another with respect. It is the responsibility of all employees to maintain a work environment free from any form of discrimination or harassment based on race, creed, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status. The District prohibits unlawful harassment and/or discrimination. Accordingly, derogatory racial, ethnic, religious, age, gender, sexual orientation, sexual, or other inappropriate remarks, slurs, or jokes will not be tolerated.

1. Any employee who engages in discriminatory or harassing conduct is subject to discipline up to and including termination.
2. Supervisors and managers have responsibility to:

1. Model appropriate behavior;
2. Solicit feedback and provide direction and coaching to employees on appropriate behavior;
3. Monitor the work place and stop any discrimination and harassment; and,
4. Listen to and document complaints of discrimination or harassment and work directly with Human Resources staff to investigate and take corrective action where appropriate.

1. Discrimination different treatment of employees or applicants because of their race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status with respect to hiring, promotion, demotion, transfer, recruitment, termination, compensation, or any other term or condition of employment.
2. Harassment a form of unlawful discrimination defined as any unwelcome verbal, physical or visual conduct based on race, sex, sexual orientation, gender identity, color, national origin, age, religion, disability, marital status, familial status, source of income, or any other legally protected status, when that conduct is made explicitly or implicitly a term or condition of employment, is used as a basis for employment decisions, or has the purpose or effect of unreasonably interfering with performance or of creating an intimidating, offensive or hostile work environment. Each employee must exercise his or her own good judgment to avoid engaging in conduct that may be perceived by others as harassment.
3. Sexual harassment - unlawful discrimination based on gender. Unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal or physical conduct of a sexual nature constitute sexual harassment when the conduct is directed toward a person because of his/her gender, and when submission to such conduct is made explicitly or implicitly a term or condition of employment; submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting that individual; or, when the conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile or offensive work environment.

Whether particular conduct constitutes sexual harassment is viewed from the perspective of a reasonable person in the circumstances of the person alleging harassment. The fact that the alleged harasser did not intend to offend does not mean that his/her actions cannot constitute illegal harassment.

Employees who believe they have been subjected to discrimination or harassment must report it in accordance with the District’s complaint process. The procedures to be followed will be maintained by and available through the Human Resources Department.

Any intimidation, coercion, discrimination or retaliation against an individual who files a complaint or who testifies, assists, or participates in any manner in an investigation will not be tolerated. Employees should report retaliation immediately, using any of the avenues for making a complaint described above. Complaints will be investigated according to the District’s investigation procedure. Corrective action, including discipline or termination, will be taken where appropriate.

The following administrative rules apply to Americans with Disablities Act (ADA).

1. It is the policy of the District to comply with the provisions of the Americans with Disabilities Act (ADA) and applicable state and local laws that forbid discrimination in employment against qualified individuals with disabilities. (As defined in the ADA, a qualified person with a disability is an individual with a disability who can perform the essential functions of the job the individual holds or desires to hold, with or without reasonable accommodation.) The District will ensure that qualified individuals with disabilities are treated in a non discriminatory manner in the pre employment process and in all terms, conditions, and privileges of employment. The District will give applicants and employees with disabilities reasonable accommodations, except where making an accommodation would create an undue hardship for the District. Every District employee holds the responsibility of creating an environment free from discrimination or harassment, including discrimination or harassment due to a disability.
2. The District is also committed to complying with the requirements of Section 504 of the Rehabilitation Act of 1973, which also prohibits discrimination against an otherwise qualified individual due to his/her disability. The Human Resources Director is designated as the coordinator of the District’s efforts to comply with the employment related portions of this law, as well as the ADA.
3. The Human Resources Department will provide notice to all applicants and employees of the procedures for requesting accommodation; work with applicants who request accommodation during selection processes; work directly with hiring supervisors to ensure compliance to the ADA; work with supervisors to ensure that they are trained on the ADA; and, work with supervisors when accommodation needs are requested by employees. Applicants or employees of the District who feel they have a disability that requires accommodation should follow the procedures maintained by and available through the Human Resources Department.

Employees who have suffered a non-work related injury or illness and cannot carry out the full range of their regular job duties due to medical limitations may be accommodated within their school or department if productive work is available that is consistent with the employee’s physical abilities. Employees must provide their supervisor with documentation from their treating physician regarding the abilities of the employee and the specific limitations placed on them, prior to the District evaluating potential modified duty assignments.

Employees who have complaints of violations of the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 may use the complaint procedures maintained by and available through Human Resources for complaints of discrimination and harassment. Complaints may also be filed with the Oregon Bureau of Labor and Industries or the federal Equal Employment Opportunity Commission.

Oregon Administrative Rules (OAR 584-020) outlines standards for the competent and ethical performance of Oregon educators. These standards apply to licensed staff of the District; all licensed employees must familiarize themselves with them. In support of the State standards, and in addition to them, all District employees and volunteers are expected to comply with the following standards in the performance of their duties and responsibilities for the District. As an integral part of a team dedicated to delivering high quality education for students and service to the public, each District employee shall accept certain responsibilities, adhere to accepted principles, and foster the highest standards for personal integrity and honesty in carrying out his/her duties, recognizing that the interest of students and the public must always be the primary concern.

1. Employees are expected to do their work and conduct themselves competently and professionally at all times when at work or representing the District. Employees must accept responsibility for their own conduct, and show personal and professional integrity at all times. Employees are also expected to conduct themselves off work in a lawful manner, and in a manner that does not bring reproach to the District, or impair their ability to perform as District employees.
2. The District encourages parents and community members of the District to volunteer their time, services and financial support to District schools and programs. Employees should take the time to recognize contributions to the District. Employees may not, however, grant special favors, exceptions, or fail to take appropriate action with a parent or community member because of his or her contributions. District employees are expected to be fair and judicious in the execution of their duties.

The District is committed to workforce diversity and having a positive and professional workplace for all who work here. The District will take all necessary steps to ensure that the work environment remains productive for everyone. It is the responsibility of all employees and agents of the District to treat each other with courtesy, consideration, and respect. The District does not tolerate: (1) any forms of harassment, or offensive or discourteous behavior; (2) demeaning statements, threats, or intimidation; (3) unprofessional and discourteous actions; or (4) any behavior that creates or fosters an unwelcome or abusive work environment.

Employees who feel they have been subjected to disrespectful communication or treatment by other District employees, volunteers, or the public should report it to their supervisor or their administrator.

The expectations for public employees differ from employees in the private sector because of the nature of the work public employees perform, the political structure in which they work, laws and regulations governing public employees, and the funding sources which support the organization. Many of the expectations outlined below are derived from State ethics laws and guidelines. (ORS 244)

It is critical that every employee of the District conducts the work of the District in a highly ethical manner. Serving the interest of students and the public interest should always be the primary determining factor in resolving ethical issues at work.

Occasionally offers of gifts, discounts, or other financial benefits are made available to District staff. These offers may come from a member of the public or a business. An important part of the relationship that the District organization has with the public is based on both the reality and perception of fairness and honesty.

Acceptance of a cash gift by any individual employee is strictly prohibited. Generally, state law prohibits public employees from using their positions to obtain financial benefits or avoid financial detriment. This would include most gifts (other than those with a cash value of less than $50), donations, discounts or other financial benefits. Employees should check with a supervisor prior to accepting gifts over $50, donations, discounts, or other financial benefits to ensure that it meets the policy guidelines of the District.

District employees are entrusted with the resources of the community including the management of public funds. Many employees’ jobs require them to handle cash, mange funds, and make purchases. Employees have a fiduciary responsibility to the public and are expected to conduct all management of public funds with the utmost accuracy, accountability, and honesty.

For those employees whose jobs require placing orders for goods or services or otherwise making a commitment to purchase in the name of the District such as with the use of a District credit card, the following responsibilities must be met.

1. Propriety – The purchase must be a proper one, and the goods and services must be necessary to conduct activities of the department or divisions in fulfillment of its programs. No portion of the goods or services, when provided, shall be used for personal gain or use.
2. Compliance – The purchase must comply with District Public Contracting Regulations, District policy, and Oregon Revised Statutes, including Oregon Ethics laws, as well as standard purchasing practices.
3. Fair Price – A definite price or basis for charges that is fair and reasonable must be established at the time of purchase, and a proper expenditure method must be secured and approved prior to making the purchase.

1. The District and individual employees must be careful to avoid the appearance or perception that they are using public funding inappropriately to benefit individuals and organizations associative with charitable and non-profit companies.
2. The District participates in the Combined Charitable Contributions Campaign which is an organized annual fund raising effort approved by the Superintendent that benefits many groups. United Way manages this multi-agency effort. Employees participating in the United Way Day of Caring must use vacation or other personal leave for the time away from work.
3. Any other fund raising activities that involve the use of District resources (computers, phones, faxes, etc.) or are done during work time must be approved by a director and must meet all criteria outlined in the District’s administrative policies.

As a public entity, the District is committed to keeping community members informed about issues of public interest All records produced and maintained by the District will be open to the public, unless exempt from disclosure under state or federal law.

1. E-mail messages, voice mail messages, faxes, interdepartmental mail, computer files and information printed from District computers are all considered property of the District, and may be subject to disclosure under Oregon’s Public Records Law.
2. All employees have an obligation to maintain appropriate confidentiality in the management of public records and to understand the appropriate dissemination of those records.
3. Employees do not have the authority to copy, remove, or distribute public records unless it serves a specific business purpose of the organization. Only the custodian of a specific public record has the authority to disclose or disseminate that record. (ORS 192.410 to 192.505)

 

The following administrative rule concerning e-mail use is intended to promote an ethical and professional work environment and to meet the requirements governing the use of District computer resources. District e-mail accounts are provided to current District staff for the purpose of conducting District business, and to students to enhance their educational experience.  Staff e-mail accounts will be deactivated upon termination of employment; student e-mail accounts will be deactivated upon graduation or withdrawal.

All District e-mail users are responsible for understanding and observing the District Technology Appropriate Use Guidelines, and all other applicable policies, regulations and laws in connection with their use of District computer technology resources.  The District Technology Appropriate Use Guidelines are available on the District's website at www.4j.lane.edu/cis.  These guidelines require that communications on District equipment be appropriate, professional, and courteous.  These guidelines and state law also provide that an employee's District e-mail account is not to be used as a substitute for an employee's personal e-mail account.  Using District-provided email for personal correspondence, except on an incidental basis, is prohibited. Conversely District business that is conducted by e-mail should use a District e-mail account and not a personal e-mail account. A personal e-mail account should not be forwarded to a District e-mail account and a District e-mail account should not be forwarded to a personal e-mail account.

All electronic mail records are considered District records subject to potential disclosure under the Public Records Act.  Employees and students should have no expectation of privacy in their electronic communications.  

All staff and student e-mails sent and received through the District e-mail system are the property of the school system and will be retained (archived) for a minimum of three (3) years. An investigation team will be established when necessary to review archived records. In the case of a litigation hold (a directive not to destroy electronic mail that might be relevant to a pending or imminent legal proceeding), normal retention procedures will be suspended for all related records.

Oregon Revised Statues (ORS 419B.010) requires any school employee having reasonable cause to believe that any child with whom he or she comes in contact has suffered abuse or that any person with whom he or she comes in contact has abused a child to immediately report it by telephone or otherwise to the local office of the Department of Human Services or to a law enforcement agency within the county where the person making the report is located at the time of the contact. The report shall contain, if known, the names and addresses of the child and the parents of the child or other persons responsible for care of the child, the child’s age, the nature and extent of the abuse, including any evidence of previous abuse, the explanation given for the abuse and any other information that the person making the report believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator.

Abuse is defined in the statute as:

1. Any assault of a child and any physical injury to a child which has been caused by other than accidental means, including any injury which appears to be at variance with the explanation given of the injury;
2. Any mental injury to a child, which shall include only observable and substantial impairment of the child’s mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child;
3. Rape of a child, sexual abuse, or sexual exploitation;
4. Negligent treatment or maltreatment of a child, including but not limited to the failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of the child;
5. Threatened harm to a child, which means subjecting a child to a substantial risk of harm to the child’s health or welfare;
6. Buying or selling a person under 18 years of age;
7. Permitting a person under 18 years of age to enter or remain in or upon premises where methamphetamines are being manufactured; and,
8. Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child’s health or safety.

It is a common practice for attorneys to issue subpoenas to school personnel in cases relating to child custody and other family matters. Employees should not volunteer to testify on behalf of either party but are required to become witnesses if they receive subpoenas. When an employee receives a subpoena and has specific questions, he or she may direct specific questions to her/his supervisor.

Oregon Revised Statutes extend the privilege of confidential information to employees under certain situations. ORS 40.245 extends the privilege of confidential communication to all licensed staff members of an elementary or secondary school. ORS 40.245 extends the privilege of confidential communication to school counselors. ORS 418.755 (1) states that in the case of abuse of a child, as defined in ORS 418.740, the psychotherapist-patient privilege, the physician-patient privilege, the privileges extended to nurses, to staff members of schools and to registered clinical social workers and the husband-wife privilege created by ORS 40.230 to 40.255 shall not be a ground for excluding evidence regarding a child's abuse, or the cause thereof, in any judicial proceeding resulting from a report made pursuant to ORS 418.750.

It is the policy of the District to provide a safe and healthy place for students and employees (Board policy EB/EBC). The District is committed to complying with all federal, state, and local regulations pertaining to the health and safety of students and employees.

Each employee is expected to obey safety rules, to exercise caution in all work activities, and to provide guidance to students regarding safety and accident prevention. Employees must immediately report unsafe conditions to the appropriate supervisor or administrator. Employees who violate safety standards, who cause hazardous or dangerous situations, or who fail to report or, where appropriate remedy such situations, may be subject to discipline, up to and including dismissal. See Administrative Rule E1000 – E1999 for further information regarding the District’s safety rules and procedures, including the responsibilities of employees of the District.

The District is committed to maintaining a safe work environment free of all forms of violence for all District employees, agents of the District, and our customers. Any act of violence or intimidation, including verbal or physical threats, is strictly prohibited at all times.

Workplace violence is defined as any act of physical, verbal or written aggression by an individual in or related to the work place. This includes, but is not limited to, verbal threats or intimidation and physical intimidation, assault or battery by an employee, former employee or any visitor to a District workplace. Workplace violence may also include destruction or abuse of property.

It is the responsibility of all employees and agents of the District to create and maintain a work environment free of workplace violence.

Employees and other agents of the District, who experience any form of violence in the workplace, including physical or verbal threats, are expected to report the incident immediately to a supervisor, administrator, or Human Resources. In addition, any employee having knowledge of a violent act committed in the workplace must also report it.

District Board policy KGB prohibits anyone, including employees, from possessing, handling, or transmitting any object that is reasonably considered a weapon on school District property or at a school-sponsored activity, function, or event, that occurs off of school property,(including those with a concealed weapons permit), except for law enforcement officers or those authorized by the superintendent. Additionally, employees working in schools or at school activities must follow the standards set for the students of that school, which may be more restrictive than the definition of weapons in Board policy.

The District recognizes that the use of drugs and alcohol, whether on or off the job, which adversely affects job performance, may constitute a serious threat to the health and safety of students, the public, and employees and impact effective instruction and the efficient delivery of District services. (See Board Policy GBCBA) The primary goal of this policy is to achieve a work place free of the impairments of drugs and alcohol, and to be in compliance with OR-OSHA regulation 437-001-0760(4), which prohibits anyone whose ability to work safely has been impaired by alcohol, drugs, or medication from working in that condition.

In any instance where an employee’s impaired job performance or conduct provides reasonable suspicion of drug or alcohol use, the District may require appropriate testing. Testing procedures and the validity of the results will be measured by the prevailing practice in the medical field. In all situations where testing is called for, due consideration will be given to the legal rights and privacy of the tested employees.

Employees who are concerned about their use of alcohol or drugs are urged to seek confidential assistance from the Employee Assistance Program (EAP). Employees may also contact the Human Resources Department for assistance and can be assured that the contact will remain confidential to the extent legally possible. For employees who seek assistance in advance of detection, the District will provide reasonable accommodation as necessary and practical to allow treatment to take place.

The legal use of prescribed drugs or over-the-counter medications is permitted on the job, unless the use of the drug(s) may limit or impair the employee's ability to perform employment related duties safely and efficiently. It is the employee’s responsibility to ascertain whether the use of a medication will limit or impair them.

For purposes of this document, the following definitions apply:

1. Alcohol - The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including methyl and isopropyl alcohol.
2. Drugs - Any intoxicants or controlled substances as defined by the criminal code of the State of Oregon, or substances lawfully prescribed for the employee's use and over-the-counter medications, which could have an adverse impact on their ability to perform their job duties in a safe manner. The definition of drugs excludes alcohol.
3. Drug or Alcohol Test - The compulsory submission of urine, breath, or blood by an employee in accordance with established collection and testing procedures to detect drug and/or alcohol use.
4. Reasonable Suspicion - Specific observations concerning the appearance, conduct, speech, odor on the breath or body odors of an employee that would cause one to suspect that the employee is under the influence of alcohol or drugs.
5. Under the Influence of Alcohol - An individual is considered to be "under the influence of alcohol" when the individual's blood alcohol content exceeds .02%.
6. Under the Influence of Drugs - An individual is considered to be "under the influence of drugs" when a detectable amount of a drug is found in the individual's body that may impair the individual's ability to safely and efficiently perform job duties and responsibilities.
7. Work place: Any location where an employee is performing District job duties or is representing the District in an official capacity whether or not the employee is compensated. The exclusion of alcohol from the work place does not pertain to those sites at which, in the judgment of the Superintendent, the use of alcohol cannot be avoided, such as during business meetings with members of foreign delegations where refusal of a traditional "toast" would show disrespect for the customs or culture of the delegate.

This section does not attempt to address all possible issues that may arise around the use of alcohol and drugs. Each individual employee and each supervisor is responsible for using his or her best judgment and acting in a reasonable and responsible manner when faced with a situation that is not explicitly covered in the policy, such as situations that may arise outside the usual work place or when an employee may be called back to work outside of their regularly scheduled hours.

Violations may result in discipline up to and including discharge.

The following conduct is prohibited in the work place, on school premises, while working, and at a District activity:

1. The unlawful buying, selling, transportation, possession, providing or use of drugs;
2. The use of alcohol;
3. Being under the influence of alcohol;
4. Being under the influence of drugs;
5. Having a detectable odor of alcohol on the breath;
6. Operating a District owned or leased vehicle or one rented with District funds at any time proximate to consuming intoxicants or a private vehicle if using the vehicle in the course of conducting District business or when going to, or coming from, District business, either in town or while attending training or other business out of town;
7. Failure to report limitations or impairment caused by prescribed medications or over-the-counter drugs.

An employee who has tested positive for drugs or alcohol as defined by this policy may be referred to the Employee Assistance Program or drug and/or alcohol counseling. An employee's participation in the Employee Assistance Program or in drug or alcohol counseling will be considered in determining what, if any, disciplinary action may be taken.

If an employee is not terminated for violations of this policy, the employee who has tested positive for drugs or alcohol will be required to sign a performance agreement. Provisions for unannounced testing for a specified period following the positive test may be included in the agreement. If the employee violates the terms of the agreement or again tests positive during such a period, he or she may be subject to immediate dismissal.

Any activity which purposely interferes with the District’s policy on the use of drugs and alcohol will be grounds for disciplinary action which may include discharge. Examples include, but are not limited to, the following: tainting, tampering, or substitution of blood or urine samples; falsifying information regarding the use of prescribed medications or controlled substances; failure to cooperate with any tests outlined in this policy to determine the presence of drugs or alcohol; or failure to consent to or cooperate with any administrative search.

Any employee who has tested positive shall be given access to all written documentation available from the testing laboratory, which verifies the accuracy of the testing equipment used in the testing process, the chain of custody of the specimen, and the accuracy rate of the laboratory. The employee will be provided with a copy of the results. All documentation on the testing will be sealed and maintained in a secured file in Human Resources. All test results will be kept confidential by the District.

As stated in Board Policy GBK, no staff member is permitted to smoke, inhale, dip, or chew or sell tobacco at any time, including non-work hours, in any District building, facility, or vehicle owned, leased, rented, or chartered by the District or on school grounds, athletic grounds, or parking lots or other property used by the District, or when he or she engaged in any District-related responsibilities.

The District reserves the right to search or inspect District equipment or facilities such as desks, files, lockers, or offices, from time to time for work-related or administrative purposes. The District also reserves the right to access District computers and any files or materials contained on them for work-related or administrative purposes, including monitoring of appropriate use.

Additionally, an employee’s assigned District property (e.g. desk, locker, and vehicle); personal property (e.g. handbag, brief case, and backpack) and clothing may be subject to search with reasonable suspicion. All searches of this nature will be documented and handled in a confidential manner.

The District also reserves the right to conduct searches related to any criminal investigation, as in the case of unlawful buying, selling, transporting, possessing or providing drugs.

1. District employees who have other employment while working for the District, including on-going self employment, must ensure that the other employment meets the following criteria:
   1. Other employment must not detract from the efficiency of the employee in his/her District’s work;
   2. Other employment must not be a discredit to the District or interfere in any way with the District’s mission; and,
   3. Other employment must not create a conflict of interest, or the perception of a conflict, with the employee's District job.
2. The District reserves the right to condition continued employment or the offer of employment on an employee’s ending other employment if, in the Superintendent’s judgment, the other employment violates one or more of the above criteria.
3. Contracting for District Work
   A District employee cannot be a contractor or sub-contractor with the District, unless an exception is granted by the District’s Chief Financial Officer or his/her designee.

The following administrative rules apply to Compensation.

Regular Employees are those who are employed to work for the District for a work year (nine and one-half, ten, eleven, or twelve months per year). Regular employees in licensed or administrative positions must work a minimum of twenty (20) hours per week. Regular full-time employees are those that work forty (40) hours per week. Regular part-time employees work less than forty (40) hours per week. The following are three types of regular employees:

1. Classified employees are those regular employees in positions represented by the Oregon School Employees’ Association (OSEA).
2. Licensed employees are those regular employees in positions represented by the Eugene Education Association (EEA).
3. Administrative employees are those regular employees in administrator, supervisory, or professional positions.

If approved by Human Resources and both supervisors, an employee may be employed in two part-time regular positions. The employee will be paid the appropriate rate for the hours worked in each position and will receive benefits based on total hours of both positions, based on the contract or agreement covering the position with the majority of the hours. Employees may work additional hours in another position on a temporary or casual basis if approved. The employee will be paid the appropriate rate for the hours worked in each position. However, the hours worked in the temporary or casual position will not affect the employee’s accrual or benefits. Unless an exception is approved by Human Resources, employees covered by the Fair Labor Standards Act may not be regularly scheduled to work more than forty (40) hours in a week.

The following administrative rules apply to Salary Administration.

To ensure that the District can hire and retain qualified employees, the District considers the compensation for similar jobs in comparable agencies in the appropriate recruiting market for the job and evaluates internal comparability for jobs with similar responsibilities and requirements. The pay grade for all represented classifications is established through the collective bargaining process. The pay grade for non-represented classifications is established by the superintendent. The superintendent’s salary is set by the Board.

1. Human Resources oversees or conducts general salary surveys for identified classifications on a periodic basis. The classifications to be surveyed and the appropriate jurisdictions for each classification are approved by the superintendent. If a classification falls within a range of five percent (5%) average above or below the market, it is considered to be within market.
2. Salary surveys for specific positions will be conducted only when a new classification is being established or specific conditions exist that indicate the compensation for a classification needs to be reviewed. The two primary causes for a market review of a classification outside a broader process are recruitment problems (having advertised the position more than once without successfully filing it) or turnover problems (a pattern of resignation for other employment).
3. The internal comparability of administrative and classified positions is evaluated by a committee using a point factoring system. Separate committees are used for each group. Internal comparability is evaluated when there is insufficient market information to establish pay for a position. The committees also review existing classifications when there are significant and ongoing changes of duties or responsibilities.

The District salary schedule for regular employees consists of salary ranges (pay grades) for each classification with steps within each range. Step increases, the movement to the next step on the salary range, are effective on July 1 each year if an employee has been employed for a specified period of time. Eligibility periods for increases are defined in each bargaining contract. These increases are not automatic and depend on an employee’s satisfactory performance of their job duties.

A promotion occurs any time an employee moves to a classification at a higher pay grade through a selection process, appointment, or a reclassification. Employees who are promoted receive an increase approximately equal to a one-step increase over their current step. The employee cannot be lower than the first step or above the top step of the new pay grade.

A transfer is the movement of an employee from one position to another position within the same classification or to another classification with the same pay grade.

A demotion is the movement, either voluntary or involuntary, of an employee to a classification with a lower pay grade.

When an employee is reclassified to a lower pay grade, has a reduction in pay grade due to market data, or accepts a voluntary demotion to avoid being laid off, her/his salary will be frozen or "red-lined" until his/her salary is at or below the top step for the new range, or for the period of time of time specified in the contract or agreement. Benefits are not red-lined. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.

The District will implement the following rules regarding Hours and Overtime.

1. An employee needing to express milk for her child 18 months of age or younger will be provided a 30 minute unpaid rest period during each four hour work period, to be taken by the employee approximately in the middle of the work period. The employee shall, if feasible, take the rest periods to express milk at the same time as the rest periods or meal periods that are otherwise provided to the employee. To the extent that the break period needed to express milk exceeds the employee’s paid rest period, it is unpaid, although the supervisor may allow the employee to work before or after her normal shift to make up the amount of time used during the unpaid rest periods.
2. Unpaid rest periods used by the employee to express milk will be considered paid work time for the purpose of determining an employee’s contribution toward their health insurance premium.
3. The District is not required to provide rest periods to express milk if doing so would impose an undue hardship on District operations.
4. The employee should provide the supervisor of notice that employee intends to take rest periods to express milk.
5. Work units are required to make reasonable efforts to provide a location other than a public restroom or toilet stall close to the employee’s work area for the employee to express milk.

Part of the total compensation package for all regular employees includes insurance and leave benefits.

The District will implement the following rules regarding Employee Insurance.

1. The District provides health insurance which includes medical, dental, and vision coverage for regular employees and their eligible dependents to cover non occupational injuries and illnesses. Employees may enroll their domestic partners and the domestic partner’s eligible dependents.
2. Payment of a portion of the health insurance premium may be required depending on the employee group, the employee status as part-time or full-time, the medical plan selected, and/or the number of dependents covered.
3. In order to be covered by district health insurance plans, eligible employees must submit a plan election no later than 31 days after their first day of work in a benefits-eligible position.
4. The District will provide information to employees on district health insurance options and other insurance benefits.

Employees retiring under Public Employees Retirement System (PERS) or Oregon Public Service Retirement Plan (OPSRP) immediately upon termination of employment from the District can continue health insurance coverage through the District’s plans on a self pay basis, as provided by state law, provided that they elect to continue coverage within 60 days after termination. Retirees have the choice of COBRA or Retiree Continuation Coverage, but not both. This insurance is only available as long as the former employee and their dependents meet the eligibility requirements of the plan in which they enroll.

Currently, the District provides the following benefits at no out-of-pocket cost to every benefits-eligible employee:

1. Basic Life/Accidental Death and Dismemberment Insurance - pays benefits to the named beneficiary in the case of the employee's death, or to the employee in the case of the employee's dismemberment. Benefit amounts and maximums vary by employee classification.
2. Long-Term Disability Insurance - pays benefits to the employee in the case of the employee's loss or reduction of income as a result of disability.
3. Flexible Spending Accounts - a voluntary program which reduces income tax liability for employees who elect to set aside funds for eligible health care related and/or dependent care expenses. Employees must actively enroll each plan year in order to participate. There is no "cost for participation" to the employee.
4. Access to the 4J Wellness Clinic - a medical facility dedicated to providing basic health care services solely to 4J benefits-eligible employees and their benefits-eligible dependents. There is no cost to the patient at the point of service.
5. Access to the Employee Assistance Program (EAP) - access to no-cost mental health, financial and/or legal counseling services and/or substance abuse treatment. The EAP provides confidential personal, family, and other counseling services, up to four (4) visits per issue per year. EAP services include assessment, short term counseling and referral.
   
   1. Coding Time
      1. When a supervisor refers an employee to the EAP for job related issues, the EAP appointments may be coded to regular work time.
      2. In other situations, if the employee is unable to schedule an EAP appointment outside of regular shift hours, sick leave may be used for the appointment.
6. Supplemental Life Insurance - the District may make available (depending on the employee group) supplemental life insurance at the employee’s cost which may pay benefits (depending on type of plan elected) to the designated beneficiary in the case of the employee's death, or to the employee in the case of the employee's dismemberment, or death or dismemberment of the employee's spouse, domestic partner, child or domestic partner's child (specific eligibility requirements apply to each plan)

The District participates in the Oregon Public Employees Retirement System (PERS) and the Oregon Public Service Retirement Plan (OPSRP). Currently, both PERS and OPSRP requires two contributions for each eligible employee: a mandatory employer's contribution, paid by the District, and an employee contribution equal to 6% of the employee's salary. Currently, the District pays the employee's contribution.

1. Employees hired prior to January 1, 1996 are eligible for membership in PERS Tier One. Employees hired on or after January 1, 1996, and before August 29, 2003 are eligible for membership in PERS Tier Two.
2. Employees hired on or after August 29, 2003 are eligible for membership in the Oregon Public Service Retirement Plan (OPSRP), unless membership was previously established in PERS. OPSRP has two components: the Pension Plan (defined benefit) and the Individual Account Program (or IAP, which is defined contribution). OPSRP is administered by the PERS Board.
3. The PERS Tier 1 and Tier 2 employee contributions also go into the Individual Account Program (IAP).
4. Consult the PERS website http://oregon.gov/PERS for more information on benefits calculations, retirement ages and other details of the PERS retirement plan.

The District participates in a tax sheltered annuity (TSA) program for regular employees. Regular employees may voluntarily defer a portion of their salary as an investment for retirement. Some employees are eligible for a District paid contribution or a matching contribution from the District as specified in the employee’s contract or agreement.

Employees may elect to start, stop or change their TSA amounts at any time during the year. Changes are effective at the first of the month following the election, as required by IRS regulations.

Prior to termination of employment withdrawals are only possible by completing a TSA hardship withdrawal application, unless an employee qualifies for a voluntary small account withdraw. All withdrawals must meet IRS guidelines in order to be approved.

The Joint Benefits Committee (JBC), comprised of representatives from the District and the employee groups, is responsible for designing and managing the employee benefit programs as provided by the collective bargaining agreements and within the framework provided by the Oregon Educators Benefits Board (OEBB).

The District will implement the following rules regarding Employee Leaves.

Regular employees are eligible to accrue or receive a number of paid leave benefits, as outlined in general below. See specific unit contract or agreements for more information

Only employees with a twelve (12) month employment contract are eligible for paid vacation time.

Employee wishes to request vacation should obtain supervisor approval prior to taking the time, in accordance with his/her department or building procedures. It is the employee’s responsibility to ensure he/she has sufficient unused earned vacation time for the time requested.

Regular employees will receive paid holidays observed by the District based on their work year and you contract or agreement provisions.

Regular employees are eligible for personal leave, bereavement, jury duty, court appearance, and federal and state mandated as described below.

Leave requests of thirty days or more must be submitted to the supervisor and then the Human Resources Department on forms provided for that purpose on the Human Resources web site.

Employees may submit a request for unpaid leave to their supervisor. Such leave shall not adversely affect the programs or services of the District. Requests for unpaid leaves of more than 5 days must be submitted to the supervisor and then the Human Resources Department on forms provided for that purpose on the HR web site. See specific unit contract or agreements for more information.

The District provides eligible employees with family, parental and medical leaves of absence consistent with the Oregon Family Leave Act (OFLA) and the Federal Family and Medical Leave Act of 1993 (FMLA). The employee is granted family, medical and parental leave under the law that provides the greatest benefit to the employee in his/her situation. The Human Resources Department administers and tracks OFLA and FMLA leaves. An outline of an employee’s rights and responsibilities under OFLA and FMLA is maintained by and available through Human Resources.

1. Annual Military Training Leave
   Employees who have worked for the District for six (6) months are entitled to a military leave of absence with pay not to exceed fifteen (15) days in any one training year for annual active duty for training as a member of the National Guard, National Guard Reserve or any reserve component of the U.S. Armed Forces, or of the U.S. Public Health Service. A training year means the federal fiscal year for any particular unit of the National Guard or a reserve component. Such leaves are granted without loss of other leave and without impairment of other rights or benefits, providing the employee receives bona fide orders to training duty for a temporary period and providing they return to their position immediately upon expiration of the period of ordered duty.
2. Leave While on Military Duty
   The following policies apply when employees are called up for military duty. Unless the employee dies, resigns, or is relieved or discharged from duty under other than honorable conditions, the employee will be considered on military leave for a maximum period of five years, as specified in ORS 408.240 and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).While on military leave the District will not provide salary or benefits.
   
   
   1. Leave Without Pay While on Military Leave
      Leave without pay is allowed in accordance with ORS 408.240 and USERRA for employees who enter military service for extended periods of duty. District policy requires employees going on leave without pay to use all appropriate personal leave before leave without pay can begin. However, employees may request to receive a lump sum payout of eligible accrued leave or the ability to retain a portion of their accruals.
   2. Health Insurance While on Military Leave
      Employees on military leave without pay may elect to continue their health insurance coverage through the District on a self pay basis for up to 24 months under USERRA.

However, upon returning from military leave, employees will be credited their military leave time for the purposes of determining their vacation accrual rate or any other affected benefit. The sick leave balance the employee had at the time s/he began their military leave will be reinstated.

The employee must apply for re-employment within 90 calendar days after discharge from military duty. In the event that the employee is no longer able to perform the duties of the position, the District must provide other employment for which the employee is qualified with seniority, status and pay as near to the employee’s previous position as possible. If the employee was serving a probationary period at the time of taking military leave, the employee must serve the remainder of the probationary period.

When an employee who is a PERS/OPSRP member returns from active military service and exercises his/her reemployment rights, the District will make retroactive contributions to the member’s Individual Account Program (IAP) Account in the amount that would have been paid during the member’s period of military service, based on the employee’s salary at the time the leave began.

Temporary employees whose end date expires while on military leave do not have reinstatement rights.

Federal and state laws cover a number of types of leave for individuals providing public service outside their normal employment with the District. These include, but are not limited to, leave time associated with military service, search and rescue response, disaster response, specialized teams working on homeland security, and Peace Corps service.

The District will comply with all federal and state laws pertaining to such leaves, upon request by an employee. An employee requesting a leave of this type should provide their supervisor with a memo stating the type, nature, and length of the leave. Some of the leave is mandatory and some is at the discretion of an employer. Supervisors should contact Human Resources for assistance in determining the extent of federal or state requirements on the District, prior to approving the leave request.

Eligible employees will be granted reasonable leave of absence if the employee or the employee’s minor child or dependent needs time to address domestic violence, sexual assault or stalking, unless the employee’s leave creates an undue hardship. To be eligible, an employee must have worked an average of more than 25 hours per week for a covered employer for at least 180 days immediately before the date the employee takes leave; and is a victim of domestic violence, sexual assault or stalking or is the parent or guardian of a minor child or dependent who is a victim of domestic violence, sexual assault or stalking, as described in the ORS.

1. An eligible employee shall be allowed to take reasonable leave from work for any of the following purposes caused by or related to domestic violence, sexual assault or stalking of the employee or the employee’s minor child or dependent:
   1. to seek legal or law enforcement assistance or remedies;
   2. to seek medical treatment for or to recover from injuries;
   3. to obtain counseling from a licensed mental health professional;
   4. to obtain services from a victim services provider; and,
   5. to relocate or take steps to secure an existing home.
2. An eligible employee is required to give reasonable advance notice, unless providing advance notice is not feasible.
3. The District may require certification of the victimization and that the leave is being taken for one of the covered reasons for leave. The employee is required to provide the certification within a reasonable time after receiving the employer’s request.
4. Crime Victim Leave is unpaid leave, however, an eligible employee is entitled to use any accrued vacation leave or any other paid leave that can be used in place of vacation leave.
5. Records and information kept by the employer, including the fact that the employee has requested or obtained CVL are confidential and may not be released without the express permission of the employee, unless otherwise required by law.
6. An employer may not deny Crime Victim Leave to an eligible employee and may not discharge, demote, suspend, discriminate or retaliate against an employee with regard to promotion, compensation or other terms and conditions of employment because the employee took CVL

The following administrative rules apply to Recruitment, Selection, and Assignment.

The Human Resources Department is responsible for the posting and recruiting of all licensed, classified, and administrative positions. In consultation with the hiring administrators or supervisors, Human Resources staff will develop advertising and recruitment plans for open positions, consistent with the District’s policies and goals, including the affirmative action policy and the District’s diversity goals. Unless an exception is granted, only vacant authorized, budgeted positions will be posted and filled.

Unless specified otherwise in a collective bargaining agreement or approved by the superintendent, all regular positions will be posted for both external and internal applicants. All applications for employment must be submitted to Human Resources or through the District’s online application service, as directed in the job posting.

The administration of the hiring process is the joint responsibility of Human Resources and the hiring administrator or supervisor. Human Resources’ primary responsibility is to ensure that processes meet legal requirement and protect the integrity of the District’s employment policies. Human Resources’ staff are also responsible for screening all applications to ensure applicants have the appropriate license or certification and meet the minimum requirements specified in the job description.

The hiring administrator or supervisor, in consultation with Human Resources, has the responsibility to conduct an appropriate and effective selection process and making a hiring recommendation. It is the hiring administrator’s or supervisor’s responsibility to be familiar with the District’s affirmative action plan and consider the goals outlined in the plan when filling positions. The selection process for positions may vary but will generally include a structured interview process. Other selection tools, such as written testing or skill demonstrations, may be used if they are job-related.

All hiring recommendations must be approved by the Superintendent. For all administrators and licensed employees, hiring recommendations must also be approved by the Board.

A thorough employment reference check should be completed for any finalist prior to being offered employment to ensure that individuals who join the District are well qualified and have a strong potential to be successful. The reference check should be completed by the hiring administrator or supervisor with the assistance of Human Resources.

After all recruitment procedures have been completed, finalists for positions which require heavy physical labor or exertion may be required to successfully pass a pre-employment physical, which may include a drug test. In compliance with the Americans With Disabilities Act, the District must send a conditional offer of employment letter to the finalist for this type of position, prior to the physical exam. Conditional letters of employment must be in writing and mailed to the finalist prior to the physical exam.

As specified in Board Policy GCDA, any individual offered employment shall be required to submit fingerprints and to undergo a state and nation-wide criminal records checks, except for individuals licensed by the state Teacher Standards and Practices Commission who have been required to complete this for their licensure. The cost of the fingerprinting and records check is the responsibility of the new employee.

Moving expenses may be paid (in part or full) for newly hired employees in higher level administrative positions. Exceptions for other employees may be made by the Superintendent. In all cases, agreement to pay moving expenses must be approved by the Assistant or Deputy Superintendent or the Superintendent.

The District will only reimburse for actual moving expenses. The employee must provide back-up documentation or invoices for moving expenses.

If employees, whose moving expenses have been paid by the District, resign or are terminated within one year of appointment, they will be required to reimburse the District through a payroll deduction.

In compliance with the Immigration Reform Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with the District within the past three years, or if their previous I-9 is no longer retained or valid.

If a new employee has alien or visa status, he/she may not work or be paid past the end date on a Visa unless eligibility for employment can be re-certified. It is the responsibility of the employee to obtain the extension. If the visa or work permit has not been extended, the employee needs to be terminated. Supervisors should contact Human Resources for assistance with employees who have a visa status.

All documentation from recruitment and selection processes must be maintained a minimum of three years. The documentation should include all information and materials related to a specific job posting, including materials for all applicants such as applications, testing materials, reference checks, interview materials, and screening information.

The contents of these files are confidential.

1. Employment Verification
   Written employment verification requests from lending institutions that require financial information must be referred to Payroll. All other employment verification requests should be referred to Human Resources.
   
   
2. Reference Checks on Employees
   Human Resources responds to all reference checks for both current and former employees. All written or telephone requests for references should be referred to Human Resources. Unless a written release is provided signed by the employee, only public information, including job title, salary range, and dates of employment, should be provided. Human Resources may refer reference checks to administrators or supervisors after receiving a written release. A written release provided directly to an administrator or supervisor should be forwarded to Human Resources for inclusion in the personnel file.

Probation is a period of time for newly hired or promoted employees to demonstrate their ability to achieve a satisfactory level of performance and for the employee to determine if the new position meets their expectations. Employees’ capabilities, work habits, and overall performance will be evaluated to determine their eligibility for regular status with the District or in a classification. Employees on probation are not entitled to the full set of rights and privileges applicable to regular employees. Probationary employees do not generally have the right to grieve terminations or removal from their position. All TSPC-licensed employees serve a three year probation period in accordance with Oregon Revised Statutes. Non-licensed administrators, supervisors, and professional employees serve a one year probationary period. Classified employees have a seven work months probationary period.

The District will implement the following rules regarding Transfer, Resignation and Reduction in Force.

Voluntary and involuntary transfers shall be made in accordance with the terms of the collective bargaining agreements.

Board Policy authorizes the superintendent to assign or reassign principals, assistant principals, and other district administrative employees below the rank of deputy and assistant superintendent. The superintendent will consider the training, experience, licensure, and other qualifications of the employees and the requirements of the position in making his/her decision.

The superintendent may designate any vacancy as being open to voluntary transfer and will define the process that will be used to consider requests for transfer.

If an administrative employee volunteers to transfer to a position at a lower pay grade or with a different work year, his or her salary will be as follows:

1. Placed on the lowest step in the new position salary range that is equal to or above their current daily rate of pay, or
2. If the employee’s current salary is above the pay grade for the new assignment, his/her salary will be frozen, or red lined, at the current pay rate and he/she will not receive an increase until the pay rate of the newly assigned classification exceeds his or her rate at the effective date of the new classification assignment or 12 months after the effective date if sooner.
3. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.

The following provisions apply to the transfer and reassignment of administrative employees during a reorganization, downsizing of the administrative workforce, or an involuntary transfer.

1. Downsizing occurs when the number of administrative positions has been reduced and there are an insufficient number of administrative positions in the District for each administrative employee to be placed in an administrative position for which he or she is qualified.
2. An administrative reorganization occurs when the district reorganizes how it provides services or assigns administrative responsibility. It may or may not result from a budget reduction or other reduction in the number of administrative employees.
3. An involuntary transfer occurs when the superintendent implements a transfer because he or she believes that it is in the best interest of the District. When the superintendent implements an involuntary transfer he or she will review the proposed assignment with the administrative employee and give the employee the opportunity to state his or her interest in or concern about the new assignment.
4. The superintendent, after consultation with the administrative employee, will determine the placement of the employee.
5. In a downsizing or administrative reorganization, the program needs of the building and District will be the primary consideration in determining which position will be eliminated and which administrative employee will be transferred. The length of service in a position or at a site will not be a primary consideration in determining which administrative employee position will be eliminated or which administrative employee will be transferred.
6. If during a downsizing, administrative reorganization, or involuntary transfer an administrative employee is assigned to a position that is currently a lower salary, the employee’s salary will be frozen (red-lined).The employee will continue to be paid at his or her current salary but will not receive a salary increase until the pay rate of the newly assigned position exceeds his or her rate at the effective date of the new position assignment.
7. If the employee moves to a position with a shorter work year, additional duties may be assigned that allow the employee to work additional days.
8. This administrative rule does not apply when an administrative employee is moved to a lower paying position or his/her compensation is decreased due to his/her unsatisfactory performance or misconduct.

The District will implement the following rules regarding Resignation.

A contract or probationary teacher must submit a resignation in writing to the superintendent and to the Human Resources Department. For a contract or probationary teacher to be released from a contract during the school year, at least sixty (60) calendar days notice must be given prior to the effective date of the resignation. Immediate resignations may be granted under emergency conditions if a satisfactory replacement is available or if such release does not result in a hardship to the district. The written resignation should explain the circumstances which have caused the employee to wish to terminate employment.

A resignation by an employee must be made in writing to the Human Resources Department at least fifteen (15) calendar days prior to the date of the resignation. The length of prior notice may be waived under extenuating circumstances.

All regular employees, eligible for sick leave, are credited with their full annual sick leave benefits on the first month of their work year, those terminating before the end of their work year, who have used more days of sick leave than they have accrued shall reimburse the district for the excess days.

A reduction in force (RIF) may occur from declining enrollment, a school closure, an administrative reorganization, or the district’s inability to continue to fund its educational program or departments at the anticipated level.

If it is necessary to reduce a full-time regular employee to less than full-time or to lay off a full or part-time regular employee due to reduction-in-force reasons, the process shall be followed that is outlined in Oregon Revised Statutes and, where applicable, the classified and licensed employee collective bargaining agreements. The administrative employee reduction in force process is outlined below. The reduction in force process should be communicated to all affected employees as soon as practical.

The District will implement the following rules regarding Reduction in Force for Regular Administrative Employees.

All District employees in positions covered by the licensed employee or the classified employee collective bargaining agreements and employees in administrative, professional and supervisory positions who are half time (0.5 FTE) or greater shall be regular employees after successful completion of a probationary period of employment as provided by collective bargaining agreements, Oregon Revised Statutes, and District policies and rules. 

Probation is a period of time for newly hired or promoted employees to demonstrate their ability to achieve a satisfactory level of performance and for the employee to determine if the new position meets their expectations.  Employees' capabilities, work habits, and overall performance will be evaluated to determine their eligibility for regular status with the District or in a classification.  Employees on probation are not entitled to the full set of rights and privileges applicable to regular employees.  Probationary employees do not generally have the right to grieve terminations or removal from their position.  All TSPC-licensed employees serve a three year probation period in accordance with Oregon Revised Statutes.  Non-licensed administrators, supervisors, and professional employees serve a one year probationary period.  Classified employees have a probationary period of seven work months. 

 

Procedures for the dismissal or non-renewal of probationary teachers are set forth in section G7800 of these rules.

Employees who are not required to have a TSPC license and are represented by either the classified employees bargaining unit (Oregon School Employees Association) or the certified bargaining unit (Eugene Education Association) who have successfully completed their probationary period, referred to as school employees in Board policy, shall be regular employees with rights to employment subject to the applicable collective bargaining agreement and Oregon Revised Statutes.

The procedures to be followed for the dismissal or demotion of school employees are set forth in section G7800 of these rules. 

Employees in the licensed employees bargaining unit (Eugene Education Association) who have successfully completed the probationary period, referred to contract teachers in Board policy and Oregon Revised Statures, shall be regular employees with rights to employment subject to the collective bargaining agreement and Oregon Revised Statutes.

A contract teacher may be dismissed only for the grounds specified in ORS 342.865.

The principal and other involved administrators considering dismissal of a contract teacher shall discuss the reasons for dismissal with the Assistant Superintendent or designee and the Director of Human Resources to determine if appropriate action has been taken to assist the contract teacher and comply with the terms of ORS 342.850 (2) (b).

The procedures to be followed for dismissal of a contract teacher are set forth in section G7800 of these rules.

Employees in administrative positions which require a TSPC license, who are employed at half time (0.5 FTE) or greater and who have completed their probationary period, will be regular employees.  These employees are referred to as contract administrators in Board Policy. (Note - this category does not include assistant or deputy superintendents or the superintendent.  For the purposes of ORS 342.815(1), all instructional directors shall be considered deputy or assistant superintendents).

Following a probationary period, a contract administrator shall be employed pursuant to a three-year employment contract. A contract administrator may be dismissed or have a reduction in pay during the term of the contract for any reason set forth for dismissal of a teacher in ORS 342.865, or pursuant to ORS 342.934. The appeal rights of a contract administrator who has been dismissed or had a reduction in pay, or has had a non-extension of contract, are as set forth in ORS 342.845(5)(a).

The contract administrator may be assigned or reassigned at-will during the term of the contract. The School Board may elect not to extend the administrator's contract for any cause the School Board in good faith considers sufficient. Prior to March 15 of the second year of the administrator's contract, the School Board shall make one of the following actions:

(A) Issue a new three-year contract effective July 1 following the March 15 of the second year of the administrator's contract;
(B) Provide, in writing, notice that the contract will not be renewed or extended; or
(C) Extend the existing contract for a period of not more than one year.

A director considering dismissal of a contract administrator should discuss the reasons for  dismissal with the Deputy Superintendent or designee and the Director of Human Resources to determine if appropriate action has been taken to assist the contract teacher and to comply with the terms of ORS 342.850 (2) (b).

The procedures to be followed for the dismissal of contract administrator are set forth in section G7800 of these rules.

All administrative, professional, and supervisory employees in half-time (0.5 FTE) or greater positions, after successful completion of a one year probationary period, will be regular employees and can only be demoted or dismissed for cause.  Employees in this category are referred to as school employees in Board policy and Oregon Revised Statutes.

The procedures to be followed for the dismissal or demotion of school employees are set forth in section G7800 of these rules.

All associate directors, directors, or assistant superintendents who are employed in half-time (0.5) or greater FTE positions, after successful completion of a one year probationary period, will be regular employees employed on a one-year, annual contract, as provided by District policies and rules and Oregon Revised Statutes. 

Annual contracts will be extended each July 1 for an additional year unless the District gives notice in writing to the employee by the preceding March 15 that it is not extending the contract.  The grounds for the non-extension will be included in the written notice. 

During the life of the annual contract, employees can only be demoted for cause or dismissed for gross neglect of duty, insubordination, immorality, or for grounds that constitute a crime. 

The process to be followed for demotion or dismissal is set forth in section G7800 of these rules.

Regular employees are normally disciplined in a progressive manner. Alternate forms of discipline may be used when deemed more appropriate by the District.  If warranted by circumstances, higher level disciplines, including suspension or discharge may occur without prior discipline.  This policy does not apply to probationary, temporary, or casual employees who may be disciplined or discharged at any time, without notice and on any grounds deemed in good faith sufficient by the District in its sole discretion, unless the employee is covered by a collective bargaining agreement or statute which specifies a standard or a process that must be followed.

a.  Due Process - Supervisors are required to afford due process to a regular, non-probationary employee prior to depriving him/her of pay or his/her job.  With any suspension without pay, demotion, discharge, or other form of discipline with a monetary impact, after completing the investigation of the allegation, the employee must be given notice of the charges, the rules or policies that were violated, a summary of the findings, and the discipline being proposed.  The employee must be given the opportunity to respond to the due process notice prior to administering the discipline. 

b.  Discipline for FLSA-Exempt Employees - For employees who are exempt from the Fair Labor Standards Act, any reduction of pay for violations of workplace conduct rules, including suspensions or temporary demotions, must be for one or more full work days, unless the reduction is for an infraction of safety rules of major significance.  Disciplinary reductions of less than a full work day or for a mix of full and partial days are prohibited by the FLSA.   

c.  General Causes for Disciplinary Action - All policies of the Eugene School Board and administrative rules issued by the Superintendent, including but not limited to those included in these administrative rules, must be followed.  Violations of any of the policies or rules may lead to disciplinary action up to and including termination. For contract teachers and TSPC licensed administrators, the exclusive grounds for dismissal or non-extension of contract are found in ORS 342.845(5) and 342.865(1).

The following activities or behaviors, while not all inclusive, are general causes for disciplinary action.

     1.  Inefficiency, incompetence, or performance of less than required duties.

     2.  Using intoxicants on the job or reporting for work under the influence of intoxicants.

     3.  Habitual or excessive absence or tardiness, or abuse of sick leave privileges.

     4.  Absence from duty without authorization or failure to notify a supervisor when an employee is unable to come to work or to report on time.

     5.  Conviction of a felony or misdemeanor when the conviction would impair an employee's effectiveness as a District employee.

     6.  Willful or careless violation of safety rules or policies.

     7.  Failure to demonstrate skill in communications with students, parents, staff, or community members.

     8.  Offensive conduct toward the public or fellow employees in the course of employment or on or off duty conduct unbecoming to a District employee.

     9.  Willful violation of the District policies, rules, or regulations or state laws or regulations.

   10.  Insubordination - willful disobedience or failure to follow a lawful supervisory directive. 

   11.  Misuse of District Property

   12.  Dishonesty

   13.  Fraud in securing employment with the District, such as misrepresentation of employment history or academic achievement.

   14.  Failure or refusal to cooperate in an internal investigation.

   15.  Interfering with an internal investigation.

d.  Disciplinary Authority

The School Board has the ultimate authority to hire and fire employees.  This authority has been delegated to the superintendent for all regular employees who are not employed in a position requiring a valid state license from the Teacher's Standards and Practice Commission (TSPC).

To ensure consistent decision-making, all disciplinary actions should be reviewed with an appropriate level of department management and Human Resources prior to being issued.  Supervisors have the responsibility to monitor performance, investigate violations of policy or allegations of misconduct, and recommend appropriate disciplinary action.  No regular employee may be discharged, without consultation and approval of the superintendent and notification and review of Human Resources.  Additionally, any dismissals must follow the procedures outlined in the sections below.  Depending on the nature of the allegation, this may require that the supervisor place the employee on leave with pay until the necessary consultation can take place and the necessary procedural steps can be completed.  No employee can be suspended without pay, demoted, or deprived of any other monetary benefit without the approval of the department director and the notification and review of Human Resources.

Administrators and supervisors should maintain job performance records to document poor performance when it occurs and written records on investigations and rule infractions even when no disciplinary action is taken.  Documentation of all formal disciplinary action should be sent to Human Resources for inclusion in the personnel file.  Administrators and supervisors will be evaluated on their compliance with this directive.

The district's employment hearing procedures are described in Administrative Rules G7800.01, G7800.02, and G7800.03.

a.  Dismissal
Upon the recommendation of the principal or supervisor and with the approval of the superintendent, if in compliance with ORS 342.850(b)(D)(ii), the board may dismiss (discharge or remove) a probationary teacher employed in a position which requires a TSPC license at any time during the probationary period for any cause deemed in good faith sufficient by the board.   ORS 342.835 (1).

b.  Nonrenewal
Upon the recommendation of the principal or supervisor and with the approval of the superintendent, if in compliance with ORS 342.850(b)(D)(ii), the board may refuse to renew the contract of a probationary teacher during the probationary period for any cause deemed in good faith sufficient by the board.  ORS 342.835 (2).

c.  Notices
For dismissal, the District must provide the probationary teacher written notice of intent to recommend dismissal in advance of board action.  For nonrenewal, the District must provide the probationary teacher written notice of nonrenewal approved by the Board no later than March 15.  This notice provision shall not, however, be construed as a hearing procedure on a standard of conduct, and no appeals of decisions arising from this policy may be based thereon.

The notice to dismiss any probationary teacher shall advise the employee that the board has adopted a resolution to dismiss.  The notice of intent to dismiss or notice of nonrenewal shall specify the causes deemed in good faith sufficient by the board.

d.  Request for Hearing
A probationary teacher who desires a hearing on the nonrenewal or dismissal of his/her contract or employment in accordance with ORS 342.835 must personally or by an authorized representative file a written request therefore with the superintendent's office, together with a request for the reasons for the nonrenewal or dismissal.  The request must be formally filed with the superintendent's office by the end of the fifteenth (15th) calendar day after receipt of the notice to non-renew or dismiss.

e.  Hearing Procedures
     1.  Hearing.  The hearing will occur before a presiding officer designated by the board.  The district and probationary teacher representatives shall each have two (2) hours to present evidence and arguments to the board.  If either party requests more time, then, at the board's discretion, the hearing shall be extended and proceed before a presiding officer designated by the board.  A tape recording or other verbatim transcript of the extended hearing shall be made for the sole use of board members in reaching their decision.

     2.  Presiding Officer.  The presiding officer shall be a board member or other person designated by the board.   At the hearing, the probationary teacher will be given the opportunity to provide information that is relevant for the board to consider.

     3.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer will submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

     4.  Applicable Procedures

          A.  The board shall act promptly on the recommendation to dismiss.  The board decision shall be written and shall be furnished to the parties forthwith.

          B.  The superintendent or his/her designee shall cooperate with the probationary teacher in the investigation of any matter involved and, further, shall furnish the probationary teacher and his/her representative with such necessary and readily available information as is requested for the processing of any hearing.

          C.  Except as provided in ORS 192.660(2)(b), hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives.

          D.  All documents, communications, and records generated by the hearing under this policy shall be filed in a separate file which shall constitute a "personnel file" within the meaning of the confidentiality provisions of ORS 342.850 and shall not be open for inspection by other than the administrative staff of the Human Resources Department in the absence of the specific approval of the superintendent or the probationary teacher.

          E.  Unless the probationary teacher gives notice of an intention to contest any entry in the probationary teacher's personnel file, the entire file may be received in evidence at the discretion of the presiding officer.  If the probationary teacher intends to contest the accuracy, correctness, or appropriateness of any entry that is pertinent to the issues, the probationary teacher, within ten (10) days of receiving the superintendent's notice of intent to dismiss or non-renew must file with the superintendent's office a list of the specific entries to be contested.  The list must state the specific entry to be contested and state the specific respects in which the probationary teacher believes it is inaccurate, incorrect, or inappropriate.  The presiding officer shall take notice of the intention to contest into consideration in determining whether additional testimony should be required to justify placing the contested entry into evidence.

     5.  Review and Decision by the Board

          A.  In General - The board shall review the record made at the hearing before making its decision.  Unless otherwise directed by the board, the evidence considered by it will be confined to the record made at the hearing, and any presentation to the board on the date on which the board makes its decision to dismiss or to review a nonrenewal which will consist only of argument based on the record and presented by either party, the probationary teacher or probationary teacher's representative, but not by both.

          B.  Finality - The hearing provided under this policy shall constitute the hearing specified in ORS 342.835.  The board's decision shall be final, subject to appeal to circuit court, and is not subject to arbitration under any applicable law or contract.

     6.  Applicability

The procedures set forth herein shall also apply to the nonrenewal of employment of temporary teachers.

     7.  Notices

Notices and copies to the probationary teacher given under this policy are deemed given and effective when delivered to the probationary teacher or upon mailing thereof by certified mail to the last address shown for the probationary teacher on the district's personnel record.

     8.  Special Procedures for Large-Scale Nonrenewals

Section e.2 of this policy shall not apply to large-scale non-renewals enacted by the board when required to reduce teachers due to program or budget reductions.  The evidentiary hearings with respect to all those requesting a hearing on such actions shall be consolidated into one proceeding and conducted at a board meeting.  In addition, the time for requests for reasons and hearing provided in Section 4 shall, for purposes of such actions only, be changed from the 15th day after the probationary teacher's receipt of the notice of nonrenewal to three months after the receipt of notice.

In these procedures, contract teacher refers to any regular employee who is required to have a TSPC-license for his or her position.  The term days refers to calendar days.

Preliminary Procedures for Dismissal of a Contract Teacher

1.  If the Principal or supervisor, after a review of all applicable policies and laws with the Director of Human Resources, determines that dismissal of a contract teacher is appropriate, the  principal or supervisor shall notify the contract teacher of his/her recommendation to the superintendent and of the reasons for the dismissal.

2.  A contract teacher may have an informal hearing on the principal's or supervisor's recommendation before the superintendent or superintendent's designee by giving the superintendent a written request for the hearing within ten (10) days of the date of the director's recommendation for dismissal to the superintendent.

3.  The superintendent or superintendent's designee, if requested, shall conduct an informal hearing and determine if substantial evidence supports the principal's or supervisor's recommendation for dismissal.  The superintendent shall notify the contract teacher of his/her support of the recommendation.

Dismissal--Contract Teachers

1.  The board shall initiate procedures to dismiss a contract teacher only after the superintendent gives recommendation for dismissal to the board.

2.  At least twenty (20) days before recommending to the board the dismissal of the contract teacher, the superintendent shall give written notice to the teacher in the form and manner prescribed by ORS 342.895.

3.  The contract teacher shall have a board hearing on his/her recommended dismissal unless the teacher waives the hearing by submitting a written waiver to the superintendent within fifteen (15) days of receipt of the superintendent's recommendation for dismissal.  The following procedures shall apply at a hearing before the board, which is requested by a contract teacher.

4.  Hearing Procedures:

      a.  Hearing.  A presiding officer designated by the board shall conduct the hearing.  The district and teacher representatives shall each have up to three (3) hours to present evidence and arguments to the board.  If either party requests more time, then, at the board's discretion, the hearing may be extended and proceed before the presiding officer designated by the board.

      b.  Presiding Officer.  The presiding officer shall be a board member or other person designated by the board.

      c.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer shall submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

      d.  Decision.  After the hearing and consideration of any report from the presiding officer, the board will decide whether the superintendent's recommendation of dismissal should be affirmed, reversed, or modified.

      e.  Reasons and Issues.  The written reasons for the superintendent's recommendation, which have been provided to the contract teacher, will establish the basis and issues for the hearing.

      f.  Conduct of the Hearing:

           A.  The presiding officer shall inform the contract teacher of the date, time, and place of the hearing.

           B.  The hearing shall not be open to the public unless the contract teacher requests a public meeting.  Unless a public hearing is held, the only tape recording or verbatim transcript will be that created for the use of board members.  Except upon request a tape copy or transcript copy will be provided to the contract teacher after payment for the copy cost.

           C.  Unless the hearing is in public, any witnesses other than the contract teacher, supervisors, superintendent, and board member may attend the hearing only while testifying.

           D.  All documents, communications, and records generated by the hearing are to be filed in a separate file, which will constitute a "personnel file" within the meaning of the confidentiality provisions of ORS 342.850 and will not be open for inspection by anyone other than the Director of Human Resources, in the absence of the specific approval of the superintendent or the contract teacher.

           E.  The presiding officer shall make such rulings as appear appropriate regarding the proceedings, the order of proof, and the form of testimony and evidence.  The following general procedure, however, will apply:

                1)  The presiding officer shall open the hearing.  If a quorum of the board is present, the presiding officer will announce the basis for the executive session (unless the hearing is public by the contract teacher's request).  The presiding officer will also state the issue(s).

                2)  The district and the contract teacher may be represented by counsel.

                3)  The district shall present its position first.

                4)  The contract teacher shall next present his/her position.

                5)  The positions of the district and contract teacher may be presented in narrative format, in writing, through witnesses, and/or through documents.  Each party shall have the right of cross-examination.

                6)  Each party shall be allowed three (3) hours for the parties' presentation.  This time will be extended upon request of the contract teacher.  The board may choose to not be present for any presentation beyond the three hours for each party.

                7)  Failure by the contract teacher to attend the hearing will be deemed a withdrawal of the request for a hearing and a waiver of the right to such a hearing.

                8)  Formal rules of evidence do not apply.  The presiding officer shall allow evidence of a type commonly relied upon by reasonable, prudent persons in the conduct of their serious affairs.  ORS 183.450 (1).  Under this standard for admissibility of evidence, hearsay evidence is not automatically excluded.  Objection to hearsay evidence generally relates to the weight to be given the evidence. In reaching a decision, the board will only consider evidence, which has been admitted.

                9)  All decisions regarding the conduct of the hearing will be made by the presiding officer.

              10)  The presiding officer may ask questions of the parties and any witnesses.  With permission of the presiding officer, board members may also pose questions.

5.  Decision of the Board

      a.  In General.  The board's decision will be confined to the evidence presented at the hearing, written and furnished to the parties promptly after the board meets to consider the report of the presiding officer.

      b.  Deliberations.  The board shall deliberate in the presence of the parties after conclusion of the parties' presentation.  Following the hearing, the board shall meet in executive session, unless an open meeting is requested in writing by the teacher, and make its written Findings of  Fact and conclusions of law as to the recommended action.  The Findings of Fact shall be included in the decision and communicated to the employee.  Any action taken in executive session shall be then submitted to the board in open session for final action.

6.  Appeal.  If the board enters an order dismissing the contract teacher, the contract teacher may appeal the decision as provided by law or collective bargaining contract.  The board's order shall be subject to the provisions of ORS 342.805 to 342.937.

7.  Notices.  Notices and copies to the contract teacher given under this policy shall be deemed given and effective when delivered to the contract teacher or upon mailing thereof by certified mail to the last address shown for the contract teacher on the district's personnel records.

In this procedure the term school employee refers to any regular employee who is not required to hold a TSPC-license for his/her position.

a.  Preliminary Procedures:  Dismissal/Demotion

      1.  A dismissal is the termination of a school employee's employment with the district.  A demotion is the district involuntarily assigning a school employee to a position at a lower rate of pay.

      2.  A school employee recommended for dismissal or demotion by his/her supervisor shall be given the reason(s) for the recommendation.

      3.  Upon receipt of a supervisor's recommendation that a school employee be dismissed or demoted, the Director of Human Resources, or a designee, shall investigate to determine whether the supervisor has followed the appropriate procedures and whether substantial evidence supports the recommendation for dismissal or demotion.  The investigation shall include an opportunity for the school employee to have an informal hearing before the Director of Human Resources or his/her designee on the reason(s) for dismissal or demotion.  The school employee shall be given written notice of the informal hearing opportunity and of the right to have a representative at the hearing.

      4.  If the Director of Human Resources determines that dismissal or demotion of a school employee is appropriate, the director shall notify the employee of his/her dismissal or demotion decision and of the reasons for the decision.  The decision of the Director of Human Resources shall be final unless the employee submits an appeal to the superintendent as provided in this policy.  If the employee appeals to the superintendent, then the Human Resources Director shall suspend the employee without pay pending the superintendent's final decision.

      5.  Days shall be calendar days.

b.  Appeal Procedures to the Superintendent for Recommended Dismissal/Demotion of School Employees

      1.  A school employee may appeal his/her dismissal or demotion to the superintendent by giving written notice to the superintendent of the intent to appeal with a statement of the reasons for the appeal within five (5) days of the date of the notice of dismissal or demotion by the Director of Human Resources.

      2.  The superintendent or his/her designee shall determine if substantial evidence supports the dismissal or demotion.  The superintendent or his/her designee shall conduct an informal hearing to gather evidence at the request of the employee.  The informal hearing shall include the right to be represented and the right to cross-examine witnesses presented by the district.  The superintendent will notify the employee of his/her decision on the dismissal or demotion within five (5) days of receipt of the notice of appeal, or of the informal hearing.

      3.  The superintendent's decision on a dismissal or demotion shall have attached to it the Notice to Party of Rights and Procedures set forth in section c of this policy for the board hearing should the school employee elect to appeal to the school board the superintendent's decision as provided herein.  A written request to appeal the superintendent's decision must be filed with the superintendent within fifteen (15) days of the dismissal or demotion.

c.  Notice to Employee of Rights and Procedures for Board Hearing on Dismissal or Demotion of School Employees

      1.  A school employee who has been demoted or dismissed shall be entitled to a hearing before the school board if a written request has been made.

      2.  Hearing Procedure

           A.  Reasons and Issues.  The reasons stated in the superintendent's notice shall establish the basis and issues for a hearing conducted pursuant to these procedures.

           B.  Hearing.  The hearing shall occur before a presiding officer designated by the board.  The parties shall have the right of cross-examination.  The district and employee representatives shall each have two (2) hours to present evidence and arguments to the board.  If either party needs more time, then the hearing may be extended at the discretion of the presiding officer.  A tape recording or other verbatim transcript of the extended hearing will be made for the sole use of board members in reaching their decision.

           C.  Presiding Officer.  The presiding officer will be a board member or other person designated by the board.   At the hearing, the school employee will be given the opportunity to provide information that is relevant for the board to consider.

           D.  Presiding Officer's Report on Extended Hearing.  Unless the full board attends the extended hearing, the presiding officer will submit a report and recommendation to the board within fifteen (15) days after close of the extended hearing.

           E.  Procedures Applicable Generally

                1.  The board shall act promptly on the demotion or dismissal.  The board's decision shall be written and shall be furnished to the parties forthwith.

                2.  The superintendent or his designee shall cooperate with the school employee in the investigation of any matter involved and, further, will furnish the school employee and his/her representative with such necessary and readily available information as is requested for the processing of any hearing.

                3.  Except as otherwise provided by law, hearings under this procedure shall not be conducted in public and shall include only such parties in interest and their designated or selected representatives

                4.  All documents, communications, and records generated by the hearing under this policy shall be filed in a separate file, which shall constitute a "personnel file" and shall not be open for inspection by other than the staff of the Human Resources Department in the absence of the specific approval of the superintendent or the school employee.

      3.  Review by Board

           A.  In General.  The board shall review the record made at the hearing before making its decision.  Unless otherwise directed by the board, the evidence considered by it will be confined to the record made at the hearing, and any presentation to the board on the date on which the board makes its decision on behalf of a school employee which will consist only of argument based on the record and presented by either the school employee or the school employee's representative, but not by both.

           B.  Finality.  The hearing provided under this policy shall constitute the hearing specified in ORS 332.544.  The board's decision shall be final and is not subject to arbitration except as provided by collective bargaining contract.

      4.  Notices.

Notices and copies to the school employee given under this policy are deemed given and effective when delivered to the school employee or upon mailing thereof by certified mail to the last address shown for the school employee on the district's personnel record.

The following administrative rules apply to Miscellaneous Provisions.

All employee records relating to selection, recruitment, benefits, employment status, performance, discipline, and termination shall be maintained by Human Resources. State Statutes require that some employment records are retained up to 75 years. It is the practice of the District not to remove items from Personnel Files. All employee records should be dated.

Employees need to keep personal information in the District’s database up to date, such as social security number, address, telephone, emergency contacts, name, citizenship status, etc.

Human Resources will maintain the official, complete personnel files of employees (Board Policy GBL). Departments/buildings may also create and maintain employee files which contain duplicates of items in the personnel file and other information concerning the employee that would assist the supervisor in monitoring employee performance and in completing the employee's annual evaluation.

Access to personnel files is limited to authorized supervisory and management employees and those clerical employees responsible for maintaining the files. Personnel file information is not released to others without the written consent of the employee unless required by a court order. An employee may view his/her personnel file or department employee file in accordance with this policy

Employees shall receive copies of all information that is placed in their official personnel file. Supervisors should attempt to secure an employee's signature on any documents that reflect critically upon the employee's performance. The employee's signature confirms that the supervisor has discussed it with the employee and given a copy of the material to the employee. The employee’s signature does not indicate agreement or disagreement. If an employee refuses to sign a document, the supervisor shall write below the employee signature line: “Employee refused to sign" followed by the supervisor's signature.

All records containing medical information, including fitness for duty evaluations, drug screening tests, Commercial Driver's License physicals, independent medical evaluations, FMLA notices, and pre-hire employment medical exams are maintained separately in a Medical Records file maintained in Human Resources. The only exception is medical records pertaining to Workers' Compensation claims. Copies of medical records may not be kept in department or building files.

Employees have the right to review their department or building employee file. Department or building employee files must be reviewed in the presence of a designated department staff member.

Employees have the right to review their personnel file in Human Resources. Personnel files must be reviewed in the presence of a designated staff member of Human Resources. Employees wishing to review their personnel file should contact Human Resources and make an appointment. Employees are required to show picture identification before reviewing their personnel file.

An employee may authorize in writing access to his/her personnel file to his/her designated representative. Personnel files may not be removed from the Human Resources office. Upon request, and for a charge, employees may be provided copies of documents in their personnel file. Certified copies of personnel file documents may be provided only by Human Resources.

The following rules apply to Instruction and Curriculum.

1. Purpose
   The purposes of the Instructional Policy Council are to process or to respond to recommendations made by task forces or special interest groups as needed; to provide district-wide instructional policy leadership; and to formulate, propose, or make recommendations regarding instructional issues that require Instructional Leadership Team (ILT), superintendent, or board action.
2. Membership
   Membership will include teachers and administrators from each level (elementary, middle, high), three parents (one from each level), school board member(s) appointed by the board chair, and up to six others appointed by the superintendent. The IPC will be chaired by the Chief Academic Officer or designee.
3. Meetings
   The IPC will meet as needed during the course of the school year. Typically, meetings will be held monthly at a time determined annually by the full membership of the council. Special meetings, if needed, may be called by the Chief Academic Officer or designee.

Academic Content Standards are developed for each required subject area and made available to school districts throughout the state by the Oregon Department of Education. These documents are reviewed and prioritized by representative teams in each content area and referred to the Instructional Leadership Team, Instructional Policy Council and recommended to the Board for adoption.
   
Following adoption of the Academic Content Standards, the Instructional Leadership Team establishes the guidelines and clarifies the process for adopting instructional materials that support the standards.
Staff development activities and in-service training may be designed by the Instructional Leadership Team and individual buildings to support the implementation of the District Curriculum.
(See Instruction Web Page for guidelines, process, rubrics and recommendations.)

1.    The office of Secondary Services in the Instruction Department oversees the development of common course codes for use in middle and high schools. 

2.    The office of Secondary Services in the Instruction Department maintains a Curriculum Committee at both the middle and high school levels to review on-going revisions to the course coding as well as establish and update practices regarding the awarding of credit within district schools and transferring credit from outside the district.

The district will implement state law regarding Guidance and Counseling requirements.  Administrative rules will be developed during the 2008-09 school year.

Human Sexuality Education

The district shall provide age-appropriate, comprehensive human sexuality instruction for all students.  Instruction shall be integrated in the health education curriculum.  Instruction shall include information about:

1. Responsible sexual behaviors and hygienic practices which eliminate or reduce the risks of pregnancy, exposure to human immunodeficiency virus, hepatitis B and other infectious or sexually transmitted diseases;
2. Abstinence for school-age youth and mutually monogamous relationships with an uninfected partner for adults, without the devaluing or ignoring of those young people who have had or are having sexual intercourse;
3. Contraceptive and disease reduction measures;
4. Statistics based on the latest medical information regarding both the possible side effects and health benefits of all forms of contraceptives, including the success and failure rates for prevention of pregnancy, and the efficacy of contraceptives in preventing HIV infection and other sexually transmitted diseases;
5. Emotional, physical and psychological consequences of early sexual involvement, including the consequences of disease or an unintended pregnancy;
6. Sexually transmitted diseases as serious possible hazards of sexual contact;
7. Laws pertaining to a young person's financial responsibility for their children;
8. Laws pertaining to persons 18 years of age/older having sexual relations with persons younger than 18 to whom they are not married;
9. No form of sexual expression being acceptable when it physically or emotionally harms oneself or others;
10. Unwanted physical or verbal sexual advances, and how to decline or accept them;
11. The wrongness of taking advantage of or exploiting another person;
12. The importance of honesty with oneself and others, respect for each person's dignity and well being and responsibility for one's actions;
13. Development of self-esteem, the development and practice of effective communication skills and the ability to resist peer pressure;
14. Responsible decision-making.  The district shall coordinate the course with the state/local health department where applicable.

The district shall make known to parents and district residents that the human sexuality instructional materials used in class, in a course, assembly or school-sponsored activity are available for review.  The district shall also encourage family communication and involvement.

Parents of minor students shall be notified in advance of any human sexuality instruction.  The notice shall state an opportunity to review materials, no student shall be required to take or participate in the instruction and a written objection submitted to the district will excuse a student with no disciplinary or academic consequences.

In order to comply with Oregon Administrative Rules, the district will incorporate an age-appropriate plan of instruction about infectious diseases including Acquired Immune Deficiency Syndrome (AIDS), Human Immuno-Deficiency Virus (HIV), Hepatitis B (HBV), and Hepatitis C (HCV) as an integral part of our health education curriculum (K-12).
At the beginning of each school year the district will inform parents of the district’s HIV/AIDS educational program.

Before the plan of instruction is provided, each school will give parents timely notice of the following:

1. The scheduled time for teaching the unit;
2. The general content to be covered;
3. The major topics to be discussed;
4. The opportunity to preview course material;  and
5. The right to withdraw their child from any part of the program and that alternative lessons will be provided.

‘Timely” means that the parent has an adequate amount of time to receive the school’s notice, attend any meetings scheduled by the school for review of the curriculum or to make an appointment with school staff to review and discuss the curriculum and curriculum material, and to submit a written request to have the student withdrawn from all or part of the program.

Each school will give parents the opportunity to preview the district curriculum and material that will be used in its HIV/AIDS instructional program.

Parents who have concern about the instructional program should be encouraged to discuss their concerns with teachers and principals.  If they cannot be convinced of the value of the program, they should be assisted in pinpointing topics that they will not allow their children to study.  Upon written notice

 

Introduction

The following administrative rules and guidelines have been developed to assist school personnel in determining how to carry out the intent of School District 4J Board Policies IGAC and JEFB.

1. That public schools exist to provide a secular education for all children, and religious instruction is not appropriate in the public schools.
2. That it is appropriate for public schools to teach about religions within a cultural and historical context for the purpose of meeting secular educational objectives.
3. That public schools may acknowledge traditional holidays which have both a religious and secular basis.

Rules and Guidelines

1. Schools must maintain religious neutrality.  Religious neutrality means that schools must not aid or inhibit any religion nor favor believers or nonbelievers.  Teachers should avoid practices which tend to single out and isolate pupils and result in their having to choose between participating in some activity and violating their own religious beliefs.  Although it may not be possible to avoid every activity which may offend any student, the district is committed to egalitarian principles and will refrain from religious observances or celebrations using public funds, time, or facilities.
   Programs which teach about religion and its role in the social and historical development of civilization do not violate the religious neutrality of the public school.
   Students are excused from school, without any penalty, for religious holy days.
2. Schools may teach about religions and religious freedom.  Public schools should take cognizance of religion and its role in human society. (Factual and objective teaching about religion is distinguished from religious instruction.)  Intercultural programs focusing on the role that religion has played in history are desirable in a multiethnic society.  The district encourages programs which educate students about the principles of religious liberty as one of the central elements of freedom in America.
   Teachers may explain the meanings of various religious activities and holidays.  To be sure that adequate, accurate information is provided, teachers should usually not ask children to explain religious practices or observances since they may not have a clear understanding of the subject.  It is preferable to ask a qualified adult to explain the practice or observance.
   Any student who objects to instruction about religion or religious holidays shall be exempted from that instruction or given alternatives.
3. Schools may acknowledge traditional holidays that have both a religious and secular basis.  The following rules will apply for holiday activities and programs:
   1. Neither worship services nor religious ceremonies or programs of any kind shall be held in observance of any holiday.
   2. Traditional religious music is permitted only as a minor part of a school-sponsored activity or program during a holiday season.
   3. The display of religious symbols such as a cross, nativity scene, Star of David, or other symbols that are a part of a religious holiday is not permitted.
   4. Seasonal decorations associated with holidays are permissible, provided the decorations are not religious in nature.
   5. Exchanging gifts as a celebration of any holiday shall be avoided because such a practice causes considerable distress for students who cannot participate.
4. School facilities may be used by groups or individuals for religious purposes outside of regular school hours, under specific conditions.  Board policy KG gives specific conditions for building usage after school hours.
   According to board policy, visitors to schools must have a purpose related to the district's educational programs, the immediate personal welfare of the student, or be enrolled in another secondary or elementary school.  Visitors whose purpose is to influence or solicit students shall be denied entry to the school, based upon the principal's judgment of their purposes.  Board policy forbids allowing nonstudents to meet with students for religious purposes on school premises, except that which is incidental to renting or leasing of school buildings.
   Baccalaureate exercises which are religious in nature may not involve the use of school funds or school time.  Such an activity may be held in a school building as a Class II C activity, under Board policy KG, Community Use of School Facilities.  
5. Students may be released for religious instruction under the provisions of Oregon Law.  School board policy JEFB states:
   

   District 4J will permit elementary and secondary school students to be released from school each week consistent with Oregon law for religious instruction.
   Religious teachers will not be permitted to promote student participation by directly contacting students on school premises, or by involving students in the released time program to recruit their friends who remain in the classroom.  This means that all promotional activites will be conducted away from the school premises.
   A written request must be signed by parent or guardian before the student is released.
   

   Teachers and principals are directed to remain neutral in this matter, neither encouraging nor discouraging student participation.  Parents may be notified by bulletin or newsletter that permission slips are available in each school office and will be issued upon request.  After a parent permission slip has been received by the school, the student is expected to attend the released time classes, unless the parent rescinds the permission or approves an absence.  Students attending the released time program will be excused by the classroom teacher at the scheduled time approved by the principal.
6. High Schools may allow religious meetings of students.  The United State Supreme Court has upheld the right of student religious groups or clubs to meet at high schools that allow non-curriculum related student groups to meet (i.e., schools that have a limited open forum).  All District 4J high schools have limited open forums and cannot discriminate against meetings of students on the basis of political, philosophical, or religious speech.  Therefore, District 4J high schools must allow groups of students to have religious meetings, consistent with the Student Rights and Responsibilities Handbook.
   The following rules apply to religious meetings by high school students.
   1. The school cannot sponsor religious clubs, but the school may officially recognize a student religious club.  A group of students cannot become a sponsored school club.
   2. Groups of students may form a club and may have religious meetings, including religious reading and prayer.
   3. Facilities should be made available for these students just as they would be for other groups of students (including sanctioned school clubs).  Therefore, if you allow students to meet during the lunch hour, you must allow students to have religious meetings at this time as well.  You may limit all student meetings to before or after school if you choose to do so for all clubs.
   4. It is acceptable to have a faculty monitor attend for custodial purposes only and to provide general supervision.  The faculty monitor may not participate in the activity nor advise students about their activities.
   5. No nonschool person can direct, control or regularly attend student religious meetings.
   6. Students who want to meet to have religous discussions may distribute leaflets to other students and may hang posters in the "free speech" area designated by the school administration.  School announcements, including the use of the public address system, should be allowed to the same extent for religious clubs as for other clubs.

The following rules apply to Students with Disabilities.

The District's Child Find Efforts include:

1. Public awareness.  District child find activities will involve local media resources and direct contact activities, such as presentations at community meetings, business group meetings, services agencies or advocacy organizations.
   1. The district will provide information about special education services in the district and the district's special education referral process to public and private facilities located in the district, including day care centers, homeless shelters, group homes, county jails, hospitals, medical offices and other facilities that serve children birth to 21 years old.
   2. The district will provide information about special education services and how to make a referral to any migrant education programs operating in the district.
2. Notice of confidentiality.  Before any major child find activity, the district will publish notice in newspapers or other media, or both, informing parents that confidentiality requirements apply to these activities.  Circulation for this notice must be adequate to inform parents within the district's jurisdication.
3. Staff awareness.  The district will ensure that staff are knowledgeable of the characteristics of disabilities and the referral procedures for students, including preschool children, suspected of having disabilities.
4. Communication to parents.  District staff shall inform parents about the availability of special education services in the district and provide them with information about initiating referral for special education evaluation, including the information about early intervention/early childhood special education services (EVECSE) and the designated referral and evaluation agencies with which the district collaborates.

1. The district’s child find system applies to children, including those children who are residents of another state, enrolled by their parents in private schools, located within the boundaries of the district.
2. The district’s child find activities for private school students enrolled by their parents in private schools will be similar to, and completed within a comparable time period, as child find activities for students in district public schools.
3. The district will not include the cost of conducting child find activities for private school students, including individual evaluations, in determining whether it has spent a proportionate share of its federal IDEA funds on parentally-placed school students with disabilities.
4. The district will consult with private school representatives and parents of private school students with disabilities about how to carry out these child find activities, including:
   1. How private school children suspected of having a disability can participate equitably; and
   2. How parents, teachers and private school officials will be informed of the process.
5. The district child find process for parentally-placed private school students will ensure the equitable participation of parentally-placed private school students with disabilities and an accurate count of such children.

1. The district will collaborate with the Education Service District that serves the district to ensure that the district responds promptly to information about home-schooled students with suspected disabilities.
2. The district will collaborate with home schooling organizations in the district’s jurisdiction and provide information about special education services in the district and how to make a referral.
3. If the district has reason to suspect that a home schooled student has a disability, the district will obtain parent consent for initial evaluation.  See section 8 – Evaluation and Eligibility.

The following rules apply to Participation in Regular Education Programs.

1. The placement decision for each eligible student will be: 
   1. Made by a group of persons, including the parents, and other persons knowledgeable about the student, the meaning of the evaluation data and the placement options;
   2. Made in conformity with the requirements of least restrictive environment;
   3. Determined at least annually, every 365 days;
   4. Based on the student’s individualized education program (IEP); and
   5. As close as possible to the student’s home.
2. The student will be educated in the school that he/she would attend if nondisabled unless the services identified in the IEP cannot feasibly be provided in this setting.
3. The district will ensure that:
   1. A continuum of placement options is available to meet the needs of students with disabilities for special education and related services and to the extent necessary to implement the individualized education program for each student with a disability;
   2. The continuum of placement options includes instruction in regular classes (with special education and related services and/or supplementary aids and services as identified on the IEP), special classes, special schools, home instruction and instruction in hospitals and institutions;
   3. Placement options, including instruction in regular classes, special classes, special schools, home instruction and instruction in hospitals and institutions are available to the extent necessary to implement the IEP for each student with a disability.
4. Placement teams, including the parent, will select the least restrictive environment for each student, using the following decision-making process:
   1. Completion of the IEP, including determining the student’s special education and related services, and determining the extent to which these services can be provided to the student in the regular class;
   2. If all IEP services cannot be provided in the regular class, identifying those that must be provided outside the regular class; however, the district will not remove a student from education in age-appropriate regular classrooms solely because of needed modifications in the general education curriculum;
   3. For those services that must be provided outside the regular class, identifying where, on the continuum from least to most restrictive, the services can be provided;
   4. Placement in the school the student would attend if not disabled, unless another arrangement is required for implementation of the IEP;
   5. In selecting the student’s placement, the placement team will consider and document:
      1. All placement options considered, including placement options requested by the parent;
      2. Potential benefits of placement options that are considered;
      3. Any potential harmful effects on the student or on the quality of services that he or she needs; and
      4. Modifications and services considered to maintain the student in the least restrictive placement before concluding that a more restrictive setting is necessary.
   6. The placement team will document the placement selected, and provide a copy of the determination to the parent;
   7. If the selected placement is a change from previous placement, the district will provide the parent with prior written notice of the change in placement; and
   8. If the parent requests a specific placement that the team rejects, the district will provide a prior written notice of refusal.

For students otherwise entitled to FAPE, the placement team may modify the student’s placement if the state has demonstrated a bona fide security or compelling penological interest that cannot be otherwise accommodated.  The requirements related to least restrictive environments do not apply with respect to these modifications.

1. The district will take steps, including providing the supplementary aids and services determined appropriate and necessary by the student’s IEP team, to provide nonacademic and extracurricular services and activities in the manner necessary to afford students with disabilities an equal opportunity for participation in those services and activities.
2. Nonacademic and extracurricular services and activities include all those available to nondisabled students and may include:
   1. Counseling services;
   2. Athletics;
   3. Transportation;
   4. Health services;
   5. Recreational activities;
   6. Special interest groups or clubs;
   7. Referrals to agencies that provide assistance to individuals with disabilities; and
   8. Employment of students.

The following rules apply to Individualized Education Program (IEP).

1. The district will ensure that an IEP is in effect for each eligible student:
   1. Before special education and related services are provided to a student;
   2. At the beginning of each school year for each student with a disability for whom the district is responsible; and
   3. Before the district implements all the special education and related services, including program modifications, supports and/or supplementary aids and services, as identified on the IEP.
2. The district will use:
   1. The Oregon standard IEP; or
   2. An IEP form that has been approved by the Oregon Department of Education.
3. The district will develop and implement all provisions of the IEP as soon as possible following the IEP meeting.
4. The IEP will be accessible to each of the student’s regular education teacher(s), the student’s special education teacher(s) and the student’s related services provider(s) and other service provider(s).
5. The district will inform all teachers and service providers of their specific responsibilities for implementing the IEP accommodations, modifications and/or supports that must be provided for or on behalf of the student to fully implement the IEP, including any amendments the district and parents agreed to make between annual reviews.
6. The district will take steps to ensure that parents are present at each IEP meeting or have the opportunity to participate through other means.
7. The district will ensure that each teacher and service provider is informed of:
   1. Their specific responsibilities for implementing the IEP specific accommodations, modifications and/or supports that must be provided for, or on behalf of the student; and
   2. Their responsibility to fully implement the IEP including any amendments the district and parents agreed to make between annual reviews.
      
      The district will take whatever action is necessary to ensure that parents understand the proceedings of the IEP team meeting, including arranging for an interpreter for parents with deafness or whose native language is other than English.
8. The district will provide a copy of the IEP to the parents at no cost.

1. The district will conduct IEP meetings within 30 calendar days of the determination that the student is eligible for special education and related services.
2. The district will convene IEP meetings for each eligible student periodically, but not less than once per year.
3. At IEP meetings, the team will review and revise the IEP to address any lack of expected progress toward annual goals and in the general curriculum, new evaluation data or new information from the parents, the student’s anticipated needs, or the need to address other matters.
4. Between annual IEP meetings, the district and the parent may amend or modify the student’s current IEP without convening an IEP team meeting using the procedures in the Agreement to Amend or Modify IEP subsection.
5. When the parent requests a meeting, the district will either schedule a meeting within a reasonable time or provide timely written prior notice of the district’s refusal to hold a meeting.
6. If an agency other than the district fails to provide agreed upon transition services contained in the IEP, the district will convene an IEP meeting to plan alternative strategies to meet the transition objectives and, if necessary, to revise the IEP.

1. The district’s IEP team members will include the following:
   1. The student’s parents;
   2. The student, if the purpose of the IEP meeting is to consider the student’s postsecondary goals and transition services (beginning for IEPs in effect at age 16), or for younger students, when appropriate;
   3. At least one of the student’s special education teachers or, if appropriate, at least one of the student’s special education providers;
   4. At least one of the student’s regular education teachers if the student is or may be participating in the regular education environment.  If the student has more than one regular education teacher, the district will determine which teacher or teachers will participate;
   5. A representative of the district (who may also be another member of the team) who is qualified to provide or supervise the provision of special education and is knowledgeable about district resources.  The representative of the district will have the authority to commit district resources, and be able to ensure that all services identified in the IEP can be delivered;
   6. An individual, who may also be another member of the team, who can interpret the instructional implications of the evaluation results; and
   7. At the discretion of the parent or district, other persons who have knowledge or special expertise regarding the student.
2. Student participation:
   1. Whenever appropriate, the student with a disability will be a member of the team.
   2. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, the district will include the student in the IEP team meeting.
   3. If the purpose of the IEP meeting includes consideration of postsecondary goals and transition services for the student, and the student does not attend the meeting, the district will take other steps to consider the student’s preferences and interests in developing the IEP.
3. Participation by other agencies:
   1. With parent or adult student written consent, and where appropriate, the district will invite a representative of any other agency that is likely to be responsible for providing or paying for transition services if the purpose of the IEP meeting includes the consideration of transition services (beginning at age 16, or younger if appropriate); and
   2. If the district refers or places a student in an Education Service District, state operated program, private school or other educational program, IEP team membership will include a representative from the appropriate agencies.  Participation may consist of attending the meeting, conference call or participating through other means.

1. The district and the parent may consent to excuse an IEP team member from attending an IEP meeting, in whole or in part, when the meeting involves a discussion or modification of team member’s area of curriculum or service.  The district will designate specific individuals to authorize excusal of IEP team members.
2. If excusing an IEP team member whose area is to be discussed at an IEP meeting, the district will ensure:
   1. The parent and the district consent in writing to the excusal;
   2. The team member submits written input to the parents and other members of the IEP team before the meeting; and
   3. The parent is informed of all information related to the excusal in the parent’s native language or other mode of communication according to consent requirements.

1. In developing the IEP, the district will consider the student’s strengths, the parent’s concerns, the results of the initial or most recent evaluation, and the academic, developmental and functional needs of the student.
2. The district will ensure that IEPs for each eligible student includes:
   1. A statement of the student’s present levels of academic achievement and functional performance that:
      1. Includes a description of how the disability affects the progress and involvement in the general education curriculum;
      2. Describes the results of any evaluations conducted, including functional and developmental information;
      3. Is written in language that is understood by all IEP team members, including parents;
      4. Is clearly linked to each annual goal statement; and
      5. Includes a description of benchmarks or short-term objectives for children with disabilities who take alternative assessments aligned to alternate achievement standards.
   2. A statement of measurable annual goals, including academic and functional goals, or for students whose performance is measured by alternate assessments aligned to alternate achievement standard, statements of measurable goals and short term objectives.  The goals and, if appropriate, objectives should:
      1. Meet the student’s needs that are present because of the disability, or because of behavior that interferes with the student’s ability to learn, or impedes the learning of other students.
      2. Enable the student to be involved in and progress in the general curriculum, as appropriate; and
      3. Clearly describe the anticipated outcomes, including intermediate steps, if appropriate, that serve as a measure of progress toward the goal.
   3. A statement of the special education services, related services, supplementary aids and services that the district will provide to the student.
      1. The district will base special education and related services, modifications and supports on peer-reviewed research to the extent practicable to assist students in advancing toward goals, progressing in the general curriculum and participating with other students (including those without disabilities), in academic, nonacademic and extracurricular activities.
      2. Each statement of special education services, related or supplementary services, aids, modifications or supports will include a description of the inclusive dates, amount or frequency, location and who is responsible for implementation.
   4. A statement of the extent, if any, to which the student will not participate with nondisabled students in regular academic, nonacademic and extracurricular activities.
   5. A statement of any individual modifications and accommodations in the administration of state or district wide assessments of student achievement.
      1. A student will not be exempt from participation in state or district wide assessment because of a disability unless the parent requests an exemption;
      2. If the IEP team determines that the student will take an alternate assessment in any area instead of a regular state or district wide assessment, a statement of why the student cannot participate in the regular assessment and why the alternate assessment selected is appropriate for the student.
   6. A statement describing how the district will measure student’s progress toward completion of the annual goals and when periodic reports on the student’s progress toward the annual goals will be provided.

Between annual IEP meetings, the district and the parent may agree to make changes in the student’s current IEP without holding an IEP meeting.  These changes will require a signed, written agreement between the district and the parent.

1. The district and the parent will record any amendments, revisions or modifications on the student’s current IEP.  If additional IEP pages are required these pages must be attached to the existing IEP.
2. The district will file a complete copy of the IEP with the student’s education records and inform the student’s IEP team and any teachers or service providers of the changes.
3. The district will provide the parent prior written notice of any changes in the IEP and upon request, provides the parent with a reserved copy of the IEP with the changes incorporated.

1. In developing, reviewing and revising the IEP, the IEP team will consider:
   1. The strengths of the student and concerns of the parent for enhancing the education of the student;
   2. The results of the initial or most recent evaluation of the student;
   3. As appropriate, the results of the student’s performance on any general state or district-wide assessments;
   4. The academic, developmental, and functional needs of the child.
2. In developing, reviewing and revising the student’s IEP, the IEP team will consider the following special factors:
   1. The communication needs of the student; and
   2. The need for assistive technology services and/or devices.
3. As appropriate, the IEP team also will consider the following special factors:
   1. For a student whose behavior impedes his or her learning or that of others, strategies, positive behavioral intervention and supports to address that behavior;
   2. For a student with limited English proficiency, the language needs of the student as those needs relate to the IEP;
   3. For a student who is blind or visually impaired, instruction in Braille and the use of Braille unless the IEP team determines (after an evaluation of reading and writing skills, needs and media, including evaluation of future needs for instruction in Braille or the use of Braille, appropriate reading and writing), that instruction in Braille or the use of Braille is not appropriate; and
   4. For a student who is deaf or hard of hearing, the student’s language and communication needs, including opportunities for direct communication with peers and professional personnel in the student’s language and communication mode, academic level and full range of needs, including opportunities for direct instruction in the student’s language and communication mode.
   5. A statement of any device or service needed for the student to receive a Free Appropriate Public Education.
4. In addition to the above IEP contents, the IEP for each eligible student of transition age will include:
   1. Beginning not later than the IEP in effect when the student turns 16, or younger if determined appropriate by the IEP team, and updated annually thereafter, the IEP must include:
      1. Appropriate measurable postsecondary goals based upon age appropriate transition assessments related to training education, employment, and where appropriate, independent living skills; and
      2. The transition services (including courses of study) needed to assist the student in reaching those goals.
   2. At least one year before a student reaches the age of majority (student reaches the age of 18, or has married or been emancipated, whichever occurs first), a statement that the district has informed the student that all procedural rights will transfer at the age of majority; and
   3. If identified transition service providers, other than the district, fail to provide any of the services identified on the IEP, the district will initiate an IEP meeting as soon as possible to address alternative strategies and revise the IEP if necessary.

1. For students with disabilities who are convicted as adults, incarcerated in adult correctional facilities and otherwise entitled to a Free and Appropriate Education, the following IEP requirements will not apply:
   1. Participation of students with disabilities in state and district-wide assessment; and
   2. Transition planning and transition services, for students whose eligibility will end because of their age before they will be eligible to be released from an adult correctional facility based on consideration of their sentence and eligibility for early release.
2. The IEP team may modify the student’s IEP, if the state has demonstrated a bona fide security or other compelling interest that cannot be otherwise accommodated.

1. The district will make extended school year (ESY) services available to all students for whom the IEP team has determined that such services are necessary to provide a free appropriate public education (FAPE).
2. ESY services will be:
   1. Provided to a student with a disability in addition to the services provided during the typical school year;
   2. Identified in the student’s IEP; and
   3. Provided at no cost to the parent.
3. The district will not limit consideration of ESY services to particular categories of disability or unilaterally limit the type, amount or duration of service.
4. The district will provide ESY services to maintain the student’s skills or behavior, but not to teach new skills or behaviors.
5. The district’s criteria for determining the need for extended school year services will include:
   1. Regression (a significant loss of skills or behaviors) and recoupment time based on documented evidence; or
   2. If no documented evidence, on predictions according to the professional judgment of the team.
6. “Regression” means significant loss of skills or behaviors in any area specified on the IEP as a result of an interruption in education services.
7. “Recoupment” means the recovery of skills or behaviors specified on the IEP to a level demonstrated before the interruption of education services.

1. The district will ensure that assistive technology devices or assistive technology services, or both, are made available if they are identified as part of the student’s IEP.  These services and/or devices may be part of the student’s special education, related services or supplementary aids and services.
2. On a case-by-case basis, the district will permit the use of district-purchased assistive technology devices in the student’s home or in other settings if the student’s IEP team determines that the student needs access to those devices to receive a free appropriate public education.  In these situations, district policy will govern liability and transfer of the device when the student ceases to attend the district.

1. In State:
   If a student with a disability (who had an IEP that was in effect in a previous district in Oregon) transfers into the district and enrolls in a district school within the same school year, the district (in consultation with the student’s parents) will provide a free appropriate public education to the student (including services comparable to those described in the student’s IEP from the previous district), until the district either:
   1. Adopts the student’s IEP from the previous district; or
   2. Develops, adopts and implements a new IEP for the student in accordance with all of the IEP provisions.
2. Out of State:
   If a student transfers into the district with a current IEP from a district in another state, the district, in consultation with the student’s parents, will provide a free appropriate public education to the student, including services comparable to those described in the student’s IEP from the previous district, until the district:
   1. Conducts an initial evaluation (if determined necessary by the district to determine Oregon eligibility) with parent consent and determines whether the student meets eligibility criteria described in Oregon Administrative Rules.
   2. If the student is eligible under Oregon criteria, the district will develop, adopt and implement a new IEP for the student using the Oregon Standard IEP or an approved alternate IEP.
   3. If the student does not meet Oregon eligibility criteria, the district will provide prior written notice to the parents explaining that the student does not meet Oregon eligibility criteria and specifying the date when special education services will be terminated.

The district provides procedural safeguards to:

1. Parents, guardians (unless the guardian is a state agency) or persons in parental relationship to the student;
2. Surrogate parents; and
3. Students who have reached the age of 18, the age of majority, or are considered emancipated under Oregon law and to whom rights have transferred by statute, identified as adult students (called “eligible students”).

1. The district will give parents a copy of the Notice of Procedural Safeguards, published by the Oregon Department of Education (ODE):
   1. At least once a year; and
   2. At the first referral or parental request for evaluation to determine eligibility for special education services;
   3. When the parent (or adult student) requests a copy;
   4. To the parent and the student one year before the student’s 18th birthday or upon learning that the student is considered emancipated.
2. The Notice of Procedural Safeguards will be:
   1. Provided written in the native language or other communication of the parents (unless it is clearly not feasible to do so) and in language clearly understandable to the public.
   2. If the native language or other mode of communication of the parent is not a written language, the district will take steps to ensure that:
      1. The notice is translated orally or by other means to the parent in his/her native language or other mode of communication;
      2. The parent understands the content of the notice; and
      3. There is written evidence that the district has met these requirements.

1. The district will provide parents or adult students an opportunity to participate in meetings with respect to the identification, evaluation, IEP and educational placement of the student, and the provision of a free appropriate public education to the student.
2. The district will provide parents or adult students written notice of any meeting sufficiently in advance to ensure an opportunity to attend.  The written notice will:
   1. State the purpose, time and place of the meeting and who is invited to attend;
   2. Advise that parents or adult students may invite other individuals who they believe have knowledge or special expertise regarding the student;
   3. Advise the parents or adult student that the team may proceed with the meeting even if they are not in attendance;  
   4. Advise the parent or adult students who to contact before the meeting to provide information if they are unable to attend; and
   5. Indicate if one of the meeting’s purposes is to consider transition services or transition service needs.  If so, the notice will:
      1. Indicate that the student will be invited; and
      2. Identify any agencies invited to send a representative.
3. The district will take steps to ensure that one or both of the parents of a student with a disability are present at each IEP or placement meeting or are afforded the opportunity to participate, including:
   1. Notifying parents of the meeting early enough to ensure that they will have an opportunity to attend; and
   2. Scheduling the meeting at a mutually agreed on time and place.
4. If neither parent can participate, the district will use other methods to ensure participation, including, but not limited to, individual or conference phone calls or home visits.
5. The district may conduct an evaluation planning or eligibility meeting without the parent or adult student if the district provided meeting notice to the parent or adult student sufficiently in advance to ensure an opportunity to attend.
6. The district may conduct an IEP or placement meeting without the parent or adult student if the district is unable to convince the parents or adult students that they should participate.  Attempts to convince the parent to participate will be considered sufficient if the district:
   1. Communicates directly with the parent or adult student and arranges a mutually agreeable time and place and sends written notice to confirm the arrangement; or
   2. Proposes a time and place in the written notice stating that a different time and place might be requested and confirms that the notice was received.
7. If the district proceeds with an IEP meeting without a parent or adult student, the district must have a record of its attempts to arrange a mutually agreed upon time and place such as:
   1. Detailed records of telephone calls made or attempted and the results of those calls;
   2. Copies of correspondence sent to the parents and any responses received; and
   3. Detailed records of visits made to the parents’ home or place of employment and the results of those visits.
8. The district will take whatever action is necessary to ensure that the parent or adult student understands the proceedings at a meeting, including arranging for an interpreter for parents or adult students who are deaf or whose native language is other than English.
9. After the transfer of rights to an adult student at the age of majority, the district will provide written notice of meetings to the adult student and parent, if the parent can be reasonably located.  After the transfer of rights to an adult student at the age of majority, a parent receiving notice of an IEP meeting is not entitled to attend the meeting unless invited by the adult student or the district.
10. An IEP meeting does not include:
    1. Informal or unscheduled conversations involving school district personnel;
    2. Conversations on issues such as teaching methodology, lesson plans or coordination of service provision if those issues are not addressed in the student’s IEP; or
    3. Preparatory activities that district or public personnel engage in to develop a proposal or response to a parent proposal that will be discussed at a later meeting.

1. The district will protect the rights of a student with a disability, or suspected of having a disability, by appointing a surrogate parent when:
   1. The parent cannot be identified or located after reasonable efforts;
   2. The student is a ward of the state or an unaccompanied homeless youth and there is reasonable cause to believe that the student has a disability, and there is no foster parent or other person available who can act as the parent of the student; or
   3. The parent or adult student requests the appointment of a surrogate parent.
2. The district will secure nominations of persons to serve as surrogates.  The district appoints surrogates within 30 days of a determination that the student needs a surrogate, unless a surrogate has already been appointed by juvenile court.
3. The district will only appoint a surrogate who:
   1. Is not an employee of the district or the Oregon Department of Education;
   2. Is not an employee of any other agency involved in the education or care of the student;
   3. Is free of any personal or professional interest that would interfere with representing the student’s special education interests; and
   4. Has the necessary knowledge and skills that ensure adequate representation of the student in special education decisions.  The district will provide training, as necessary, to ensure that surrogate parents have the requisite knowledge.
4. The district will provide all special education rights and procedural safeguards to appointed surrogate parents.
5. A surrogate will not be considered an employee of the district solely on the basis that the surrogate is compensated from public funds.
6. The duties of the surrogate parent will be:
   1. Protect the special education rights of the student;
   2. Be acquainted with the student’s disability and the student’s special education needs;
   3. Represent the student in all matters relating to the identification, evaluation, IEP and educational placement of the student; and
   4. Represent the student in all matters relating to the provision of a free appropriate public education to the student.
7. A parent may give written consent for a surrogate to be appointed. 
   
   1. When a parent requests that a surrogate be appointed, the parent shall retain all parental rights to receive notice and all of the information provided to the surrogate.  When the district appoints a surrogate at parent request, the district will continue to provide to the parent a copy of all notices and other information provided to the surrogate.
   2. The surrogate, alone, shall be responsible for all matters relating to the special education of the student.  The district will treat the surrogate as the parent unless and until the parent revokes consent for the surrogate’s appointment.
   3. If a parent gives written consent for a surrogate to be appointed, the parent may revoke consent at any time by providing a written request to revoke the surrogate’s appointment;
8. An adult student to whom rights have transferred at age of majority may give written consent for a surrogate to be appointed.  When an adult student requests that a surrogate be appointed, the student shall retain all rights to receive notice and all of the information provided to the surrogate.  The surrogate, alone, shall be responsible for all matters relating to the special education of the student.  The district will treat the surrogate as the adult student unless and until the adult student revokes consent for the surrogate’s appointment.  If an adult student gives written consent for a surrogate to be appointed, the adult student may revoke consent at any time by providing a written request to revoke the surrogate’s appointment.
9. The district may change or terminate the appointment of a surrogate when:
   1. The person appointed as surrogate is no longer willing to serve;
   2. Rights transfer to the adult student or the student graduates with a regular diploma;
   3. The student is no longer eligible for special education services;
   4. The legal guardianship of the student is transferred to a person who is able to carry out the role of the parent;
   5. A foster parent or other person is identified who can carry out the role of parent;
   6. The parent, who previously could not be identified or located, is now identified or located;
   7. The appointed surrogate is no longer eligible;
   8. The student moves to another school district; or
   9. The student is no longer a ward of the state or unaccompanied homeless youth.
10. The district will not appoint a surrogate solely because the parent or student to whom rights have transferred is uncooperative or unresponsive to the special education needs of the student.

1. When a student with a disability reaches the age of majority, marries or is emancipated, rights previously accorded to the student’s parents under the special education laws, transfer to the student.  A student for whom rights have transferred is considered an “adult student” under OAR 581-015-2000(1).
2. The district will provide notice to the student and the parent that rights (accorded by statute) will transfer at the age of majority.  This notice will be provided at an IEP meeting and documented on the IEP:
   1. At least one year before the student’s 18th birthday;
   2. More than one year before the student’s 18th birthday, if the student’s IEP team determines that earlier notice will aid transition; or
   3. Upon actual knowledge that within a year the student will likely marry or become emancipated before age 18.
3. The district will provide written notice to the student and to the parent at the time of the transfer.
4. These requirements apply to all students, including students who are incarcerated in a state or local adult or juvenile correctional facility or jail.
5. After transfer of rights to the student, the district will provide any written prior notices and written notices of meetings required by the special education laws to the adult student and to the parent if the parent can be reasonably located.
6. After rights have transferred to the student, receipt of notice of an IEP meeting will not entitle the parent to attend the meeting unless invited by the student or the district.

1. The district will provide prior written notice to the parent of a student, or student, within a reasonable period of time when the district proposes to initiate or change, or refuses to initiate or change, the identification, evaluation or educational placement of the student, or the provision of a free appropriate public education.
2. The district will provide prior written notice after a decision is made and a reasonable time before that decision is implemented.
3. The content of the prior written notice will include:
   1. A description of the action proposed or refused by the district;
   2. An explanation of why the district proposed or refused to take the action;
   3. A description of any options that the IEP team considered and reasons why those options were rejected;
   4. A description of each evaluation procedure, test, assessment, record or report used as a basis for the proposal or refusal;
   5. A description of any other factors that are relevant to the district’s proposal or refusal;
   6. A statement that the parents of a student with a disability have procedural safeguards and, if this notice is not an initial referral for evaluation,  how a copy of the Notice of Procedural Safeguards may be obtained; and
   7. Sources for parents to contact to obtain assistance in understanding their procedural safeguards.
4. The prior written notice will be:
   1. Written in language understandable to the general public; and
   2. Provided in the native language of the parent or other mode of communication used by the parent, unless it is clearly not feasible to do so;
   3. If the native language or other mode of communication of the parent is not a written language, the district shall take steps to ensure that:
      1. The notice is translated orally or by other means to the parent in the parent’s native language or other mode of communication;
      2. The parent understands the content of the notice; and
      3. There is written evidence that the requirements of this rule have been met.
5. If the proposed action requires prior written notice and written consent, the district may give notice at the same time consent is requested.

The following rules apply to Consent.

1. A parent of a student with a disability has a right to an independent educational evaluation at public expense if the parent disagrees with an evaluation obtained by the school district.
2. If a parent requests an independent educational evaluation at public expense, the district will provide information to parents about where an independent educational evaluation may be obtained, and the district criteria applicable for independent educational evaluations.
3. If a parent requests an independent educational evaluation at public expense, the district, without unnecessary delay, will either:
   1. Initiate a due process hearing to show that its evaluation is appropriate; or
   2. Ensure that an independent educational evaluation is provided at public expense unless the district demonstrates in a hearing that the evaluation obtained by the parent did not meet district criteria.
4. The district criteria for independent educational evaluations will be the same as for district evaluations including, but not limited to, location, examiner qualifications and cost.
   1. Criteria established by the district will not preclude the parent’s access to an independent educational evaluation.
   2. The district will provide the parents the opportunity to demonstrate the unique circumstances justifying an IEE that does not meet the district’s criteria.
   3. A parent may be limited to one independent educational evaluation at public expense each time the district conducts an evaluation with which the parent disagrees.
5. If a parent requests an independent educational evaluation, the district may ask why the parent disagrees with the public evaluation.  The parent may, but is not required to, provide an explanation.  The district may not:
   1. Unreasonably delay either providing the independent educational evaluation at public expense or initiating a due process hearing to defend the public evaluation;
   2. Except for the criteria listed above in 3., impose conditions or timelines related to obtaining an IEE at public expense.
6. The district will consider an independent educational evaluation submitted by the parent, in any decision made with respect to the provision of a free appropriate public education to the student, if the submitted independent evaluation meets district criteria.

The following rules apply to Dispute Resolution.

See Board policy JGDA/JGEA - Discipline of Disabled Students.

The following rules apply to Evaluation and Eligibility Procedures.

1. Consistent with its child find and parent consent obligations, the district will respond promptly to requests initiated by a parent or public agency for an initial evaluation to determine if a child is a child with a disability.
2. Upon receiving a request from a parent or public agency for an initial evaluation, the district will designate a team to determine whether an initial evaluation will be conducted.
   1. The district team will include the parent and at least two professionals, at least one of whom is a specialist knowledgeable and experienced in the evaluation and education of children with disabilities.
      1. The team may make the decision to evaluate with or without a meeting.
      2. The district documents team members’ input, including parents, whether or not the district convenes a meeting.
3. If a meeting is held, the district will invite parents to participate.
4. If the district refuses an evaluation requested by the parent, the district will provide the parent with prior written notice of its refusal to conduct an evaluation.
5. The district will acknowledge the parent’s rights to challenge its refusal to conduct an evaluation.

The initial evaluation will consist of procedures:

1. To determine if the child has a disability; and
2. To identify the child’s educational needs.

The district will conduct the initial evaluation within 60 school days of receiving parental consent for evaluation unless:

1. The district and the parents agree in writing to extend the timeline for an evaluation to determine eligibility for specific learning disabilities;
2. The child moves from another district during the evaluation, the district is making sufficient progress to ensure a prompt completion of the evaluation, and the parent and the district agree in writing to a specific time when the evaluation will be completed;
3. The parent repeatedly fails or refuses to produce the child for evaluation.

1. The district will conduct reevaluations:
   1. When the educational or related services needs, including improved academic achievement and functional performance of the child, warrant an evaluation;
   2. When the child’s parents or teacher request a reevaluation; and
   3. At least every three years, unless that parent and the district agree that a reevaluation is unnecessary.
2. The district will not conduct reevaluation more than once a year, unless the parent and district agree otherwise.

1. The district, or designated referral and evaluation agency for preschool children, will ensure that, as part of an initial evaluation (if appropriate), the child’s IEP or IFSP team, including the parents and other qualified professionals, as appropriate, review and document their review of existing evaluation data on the child, including:
   1. Evaluations and information provided by the child’s parents;
   2. Current classroom-based, local or state assessments and classroom-based observations; and
   3. Observations by teachers and related service providers.
2. On the basis of that review and input from the child’s parents, the district or agency will identify what additional data if any is needed to determine:
   1. Whether the child has a disability;
   2. The child’s present levels of academic achievement and related development needs;
   3. Whether the child needs or continues to need EI/ECSE or special education and related services; and
   4. For reevaluation, whether the child needs any additions or modifications to the special education and related services or, for a preschool child, any additions or modification to ECSE services:
      1. To enable the child to meet the measurable annual goals in the child’s IEP or IFSP; and
      2. To participate, as appropriate, in the general education curriculum or, for preschool children, appropriate activities.

1. The district will assess the child in all areas related to the suspected disability, including, if appropriate, health, vision, hearing, social and emotional status, general intelligence, academic performance, communicative status and motor abilities.
2. The evaluation will be sufficiently comprehensive to identify all of the child’s special education and related needs, whether or not commonly linked to the disability category in which the child has been classified.
3. The evaluation will include information provided by the parent and a variety of assessment tools and strategies to gather relevant functional, developmental and academic information about the child that assist in determining:
   1. Whether the child has a disability; and
   2. The content of the child’s IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (or for a preschool child, to participate in appropriate activities).
4. The district will ensure that assessments and other evaluation materials, including those tailored to assess specific areas of educational need, used to assess a child:
   1. Are selected and administered so as not to be discriminatory on a racial or cultural basis;
   2. Are provided and administered in the child’s native language or other mode of communication and in the form most likely to yield accurate information on what the child knows and can do academically, developmentally and functionally, unless it is clearly not feasible to do so;
   3. Are used for the purposes for which the assessments or measures are valid and reliable;
   4. Are administered by trained and knowledgeable personnel; and
   5. Are administered in accordance with any instructions provided by the producer of the assessments.
5. The district will select and administer assessments to ensure that if an assessment is administered to a child with impaired sensory, manual or speaking skills, the assessment results accurately reflect the child’s aptitude or achievement level or whatever other factors the test purports to measure, rather than reflecting the child’s impaired sensory, manual or speaking skills (unless those skills are the factors that the test purports to measure).
6. The district will use technically sound instruments that may assess the relative contribution of cognitive factors and behavioral factors in addition to physical or developmental factors.
7. The district will not use any single measure of assessment as the sole criterion for determining whether a child is a child with a disability and for determining an appropriate educational program for the child.

When a child with disabilities transfers from one district to another district in the same school year, the district will coordinate with the previous district to complete any pending assessment as quickly as possible.

1. Once evaluation is completed, the district will designate an eligibility team to determine whether the child is eligible for special education services.
2. This team includes:
   1. Two or more professionals, one of whom will be knowledgeable and experienced in evaluating and teaching students with the suspected disability; and
   2. The student’s parent(s).
3. For consideration of eligibility in the area of specific learning disabilities, the district eligibility team will include:
   1. A group of qualified professionals and the parent;
   2. The child’s regular classroom teacher or, if the child does not have a regular classroom teacher, a regular classroom teacher qualified to teach a child of his or her age, or for a child of less than school age, a preschool teacher; and
   3. A person qualified to conduct individual diagnostic examinations of children, such as a school psychologist, speech-language pathologist or other qualified professional.
4. In interpreting evaluation data, each district team will carefully consider and document information from a variety of sources, including but not limited to, aptitude and achievement tests, teacher recommendations, physical condition, social or cultural background and adaptive behavior and all required elements of the evaluation.
5. Each eligibility team will prepare a written eligibility statement that includes:
   1. Identification of the evaluation data considered in determining the child’s eligibility, including the required evaluation components for the disability under consideration;
   2. A determination of whether the child meets the minimum evaluation criteria for one or more of the disability categories in Oregon Administrative Rule;
   3. A determination of whether the primary basis for the suspected disability is:
      1. A lack of appropriate instruction in reading (including the essential components of reading) or math; or
      2. Limited English proficiency.
   4. A determination of whether the child’s disability has an adverse impact on the child’s educational performance;
   5. A determination of whether, as a result of the disability, the child needs special education services;
   6. The signature of every team member and an indication of whether each agrees with the eligibility determination;
   7. For a child suspected of having a specific learning disability, additional specific documentation as required by Oregon Administrative Rule.
6. The team will not find a child eligible as a child with a disability if the determinant factor for that eligibility decision is:
   1. Lack of appropriate instruction in reading, including the essential components of reading instruction or lack of appropriate instruction in math; or
   2. Limited English proficiency; and
   3. The child does not otherwise meet the eligibility criteria found in Oregon Administrative Rule for the category(ies) of disability under consideration.
7. The team will find a child eligible if the child has a disability and needs special education and related services, even though the child is advancing from grade to grade.
8. A child may have disabilities in more than one disability category, but the team needs to find the child eligible under only one category.  However, the district will evaluate the child in all areas related to the suspected disability or disabilities, and the child’s IEP will address all of the child’s special education needs.

The following rules apply to Private Schools.

1. The district will ensure that parents are included in any decision about their child’s evaluation, eligibility, placement or provision of services.
2. If the district refers a student with a disability to, or places such a student in, a private school or facility as a means of providing special education and related services, the district will ensure that the student receives an education that meets the standards of the state in a private preschool, school or facility approved by the Oregon Department of Education to provide such education in conformance with an IEP, and at no cost to the parents, and has all the rights of a student with a disability who is served by the district.
3. Before placing a student with a disability in an approved private school or preschool, the district will ensure that the program has current Oregon Department of Education approval to provide special education and related services.
4. The district or public agency will fulfill all federal and state requirements relating to the evaluation, the IEP/IFSP development and placement when determining whether to place the child in an approved private preschool or school for special education services.
5. For each student age three through 21, the district’s or public agency’s placement team, including the parent, will determine whether placement in an approved private school constitutes a free appropriate public education in the least restrictive environment.
   1. When proposing to place a child with a disability in an approved private school or preschool, the district will ensure that school-age students are district residents or preschool-age children are eligible to receive EI/ECSE or special education services.
   2. The district will initiate and conduct an individualized education program team meeting that includes a representative of the approved private school.  If a representative of the approved private school, or other member of the IEP/IFSP team is unable to attend the IEP/IFSP meeting, the district and the parent may agree to use alternative means of meeting participation such as individual or conference telephone calls, or video conferences.
   3. After the district initially places a student in an approved private school, any subsequent meetings to review or revise an IEP/IFSP or placement are the responsibility of the district or public agency, unless the district or public agency requests by written agreement that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP.
   4. The district may, by written agreement, request that the approved private school initiate and conduct meetings to review and revise the IEP or IFSP.  Under such an agreement the district remains responsible for ensuring the private school or preschool meets:
      1. All federal and state requirements related to these meetings; and
      2. Ensures the participation of parents and the district or public agency representative.
   5. The private school or preschool may not determine or implement program changes without the participation and agreement of the parents and the district or public agency representative.
   6. The district in which the child resides will provide transportation to and from the approved private school or preschool at no cost to the parent.
   7. The district or public agency will terminate the placement of students in a private school or preschool if the Oregon Department of Education suspends, revokes or refuses to renew the approval of a private school or preschool.
      1. The district will ensure that every student with a disability who is placed in or referred to a private school or facility by the district as a means of providing special education and related services.
         1. Receives education and services that constitute a free appropriate public education in the least restrictive environment at no cost to the parents;
         2. Is provided an education that meets the standards that apply to education provided by the public agency; and
         3. Has all of the rights of a student with a disability who is served by the public agency.
      2. The district will ensure that all applicable federal and state requirements relating to the evaluation, eligibility, IEP development, placement and procedural safeguards are followed when determining whether the student will be placed in an approved private school for special education services.
      3. The district will initiate and conduct an IEP meeting at which an IEP is developed based upon the needs of the student before determining placement of a student with a disability in an approved private school.

1. The district will ensure that any private educational institution located outside the state of Oregon with which it contracts to provide special education and related services to Oregon students is approved by the state educational agency of the state in which the educational institution is located.  If the state does not have a formal approval process, the educational institution shall meet whatever requirements apply for private schools to serve publicly placed students in that state.
2. The district will maintain documentation of such approval and make it available to the Oregon Department of Education (ODE) upon request.
3. The district will make contractual agreements for out-of-state placements for the provision of special education and related services when, in accordance with applicable federal and state law, the district has:
   1. Developed an individualized education program;
   2. The placement team has determined that no appropriate in-state placement options are available.

1. The district will prov