34
Title Description Title Description Title Description Title Board Policy Update Guide 4000s AR4112.2 Certification (AR revised)- Updated regulation reflects NEW TITLE 5 REGULATIONS (Register 2010, No. 43) which (1) provide that the Short-Term Staff Permit (STSP) and Provisional Internship Permit (PIP) now include an English learner authorization allowing the holder to provide services in English language development (ELD) or specially designed instruction in English (SDAIE); (2) allow the district to request that the holder of a STSP or PIP be granted a bilingual authorization to provide instruction in primary language development or content instruction delivered in the primary language; and (3) replace the Emergency Bilingual, Crosscultural, Language and Academic Development (BCLAD) Permit with an Emergency Bilingual Authorization Permit. Regulation also revises section on "Verification of Credentials" to reflect use of the Commission on Teacher Credentialing's (CTC) online system to verify credentials, and revises the section on "Basic Skills Proficiency" to clarify that there are multiple ways that teachers can fulfill the requirement to demonstrate basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part- Time Employment MANDATED regulation revised to clarifY that, if a district allows certificated employees who are members of the defined benefit program of the California State Teachers' Retirement System to reduce their workload to part time while continuing to receive the same service credit and other benefits as full-time employees, it must afford equal treatment to all certificated employees who meet the eligibility requirements. Regulation also adds requirement for the district and/or employee to make the payment or contribution necessary for the employee to retain a benefit in the same manner as if the employee were employed full time. BP 4030 Nondiscrimination in Employment Policy updated to reflect new law (SB 559 and AB 887) which expands categories of prohibited discrimination to include genetic information, gender expression, and gender identity. Policy also reflects new court decision which claifires that a third party may file a suit alleging retlaiation for a complaint by another person to whom the third party is related. BP 4312.1 Contracts 1 July 1, 2011 Nov. 1, 2011 March 1, 2012 March 1, 2012

AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

  • Upload
    others

  • View
    1

  • Download
    0

Embed Size (px)

Citation preview

Page 1: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Title

Description

Title Description

Title

Description

Title

Board Policy Update Guide 4000s

AR4112.2 Certification

(AR revised)- Updated regulation reflects NEW TITLE 5 REGULATIONS (Register 2010, No. 43) which (1) provide that the Short-Term Staff Permit (STSP) and Provisional Internship Permit (PIP) now include an English learner authorization allowing the holder to provide services in English language development (ELD) or specially designed instruction in English (SDAIE); (2) allow the district to request that the holder of a STSP or PIP be granted a bilingual authorization to provide instruction in primary language development or content instruction delivered in the primary language; and (3) replace the Emergency Bilingual, Crosscultural, Language and Academic Development (BCLAD) Permit with an Emergency Bilingual Authorization Permit. Regulation also revises section on "Verification of Credentials" to reflect use of the Commission on Teacher Credentialing's (CTC) online system to verify credentials, and revises the section on "Basic Skills Proficiency" to clarify that there are multiple ways that teachers can fulfill the requirement to demonstrate basic skills proficiency beyond the California Basic Educational Skills Test

AR4117.11 Pre-retirement Part-Time Employment

MANDATED regulation revised to clarifY that, if a district allows certificated employees who are members of the defined benefit program of the California State Teachers' Retirement System to reduce their workload to part time while continuing to receive the same service credit and other benefits as full-time employees, it must afford equal treatment to all certificated employees who meet the eligibility requirements. Regulation also adds requirement for the district and/or employee to make the payment or contribution necessary for the employee to retain a benefit in the same manner as if the employee were employed full time.

BP 4030 Nondiscrimination in Employment Policy updated to reflect new law (SB 559 and AB 887) which expands categories of prohibited discrimination to include genetic information, gender expression, and gender identity. Policy also reflects new court decision which claifires that a third party may file a suit alleging retlaiation for a complaint by another person to whom the third party is

related.

BP 4312.1 Contracts

1

July 1, 2011

Nov. 1, 2011

March 1, 2012

March 1, 2012

Page 2: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Description

Board Policy Update Guide 4000s

Policy updated to reflect new law (AB 1344) which prohibits the Board from calling aspecial meeting to consider the salary or other compensation of management employees, prohibibis automatic renewal of a contract with a provision for autmoatic increase that exceeds the cost-of-living adjustment, and requires contracts exectued or renewed after january 1, 2012, to contain a provision requiring an employee to reimburse the district in the event he/she is convicted of a crime involving abuse of his/her office or position. Policy also adds statement re: Board deliberation of employment contract in closed session.

2

Page 3: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Albany USD with track changes Administrative Regulation Preretirement Part-Time Employment

AR4117.11 Personnel

On a case-by-case basis, the Superintendent or designee may allow lli.lY certificated employee who is a member of the defined benefit program of the California State Teachers' Retirement System (STRS) to reduce his/her workload from full time to part time when doing so does not disrupt the educational program and is in the best interests of the district.

Any such certificated employee who reduces his/her v1orkload to part time may maintain the retirement and health and welfare benefits that he/she would have received if enrployed on a full time basis <mder the following conditions: (Education Code 22713, 44922)

Any such ce1iificated employee who is a member of the defined benefit program of the Califomia State Teachers' Retirement System (STRS) may continue to receive the service credits and maintain the retirement and health and welfare benefits that he/she would have received if employed on a full-time basis, provided the following conditions exist: (Education Code 22713, 44922)

(cf. 4154/4254/4354- Health and Welfare Benefits)

1. The option to reduce the employee's workload shall be exercised at the request of the employee and the agreement to reduce the workload shall be in effect at the beginning of the school year.

2. Prior to the reduction in workload, the employee shall have a minimum of 10 years of credited service, of which the immediately preceding five years were full-time employment.

3. The employee shall not have had a break in service during the five years immediately preceding the reduction in workload. Sabbaticals, other approved leaves of absence, and unpaid absences for personal reasons from full-time employment shall not constitute a break in service. However,_illiT_ -the period of time during which an employee is retired shall constitute a break in service and an employee who reinstates from retirement shall be required to be employed to perform creditable service on a full-time basis for at least five school years preceding the workload reduction if he/she reinstates from retirement.~

(cf. 4161.1/4361.1- Personal Illness/Injury Leave)

4. The employee shall have reached the age of 55 years prior to the workload reduction.

5. The employee shall not hold a position with a salary above that of a school principal.

Page 4: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

6. The reduced workload shall be equal to at least one-half of the time the district requires for full-time employment, in accordance with Education Code 22138.5, pursuant to the employee's contract of employment during his/her last year of full-time employment.

7. The employee shall be paid compensation that is the pro rata share of the creditable compensation he/she would have earned had he/she not reduced his/her workload.

8. For each school year that the employee's workload is reduced. the district and/or employee shall make any payment or contribution necessmy for the employee's retention of a benefit to which he/she is entitled if employed full time. in the same manner as if the employee were employed full time.

&.2. The agreement may be revoked only by mutual consent of the employee and the Superintendent or designee.

However, an employee who has entered into a formalized agreement with the district to have his/her contribution into the defined benefit program picked up by the district may not terminate the agreement to reduce his/her workload except by one of the following:

a. Terminating his/her service

b. Retiring from service under the defmed benefit program

c. Continuing to perform creditable service under a new reduced workload arrangement for at least one-half of the time the district requires for full-time employment in accordance with Education Code 22138.5

d. Returning to full-time employment

910. The period of the reduced workload shall not exceed 5[CAl] years.

Prior to the reduction of an employee's workload, the Superintendent or designee shall verifY the employee's eligibility in conjunction with the administrative staff of STRS and/or the Public Employees' Retirement System. (Education Code 22713)

The Superintendent or designee shall maintain the necessary records to separately identifY each employee who participates in the reduced workload program. (Education Code 22713)

Legal Reference: EDUCATION CODE 22119.5 Creditable service, definition 2213 8.5 Full-time, defmition 22713 Part-time employment; reduction of workload from full-time; credit

Page 5: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

22903 Payment of contributions by employer for tax deferred purposes 44922 Regulations; reduction to part-time employment 44924 Regulations; prohibition against waiver of benefits

GOVERNMENT CODE 21110-21120 Reduced workload, partial service retirement under PERS 53201 Health and welfare benefits: election by officers and employees COURT DECISIONS Praiser v. Biggs Unified School District (2001) 87 Cal.App.4th 398 United Teachers-Los Angeles v. Los Angeles Unified School District (1994) 24 Cal.App.4th 1510

Management Resources: WEB SITES California Public Employees' Retirement System: http://www.calpers.ca.gov California State Teachers' Retirement System: http://www.calstrs.com

Regulation ALBANY UNIFIED SCHOOL DISTRICT approved: August 2, 2011 Albany, California Reviewed: August 2012

Page 6: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

AlbanyUSD Administrative Regulation Preretirement Part-Time Employment

AR4117.11 Personnel

On a case-by-case basis, the Superintendent or designee may allow any certificate is a member of the defmed benefit program of the California State Teachers' Retrre (STRS) to reduce his/her workload from full time to part time when doing so does not dis educational program and is in the best interests of the district.

Any such certificated employee who is a member of the defined State Teachers' Retirement System (STRS) may continue to maintain the retirement and health and welfare benefits th employed on a full-time basis, provided the following con 44922)

(cf. 4154/4254/4354- Health and Welfare Benefits)

am of the California

o d have received if (Education Code 22713,

1. The option to reduce the employ employee and the agreement to reduce

orkload shall be exercised at the request of the r · oad shall be in effect at the beginning of the

school year.

2. Prior to the redu&t#bn in workload, the employee shall have a minimum of 10 years of credited service, of which ediately preceding five years were full-time employment.

3. The employee shall not It e had a break in service during the five years immediately preceding the reduction in workload. Sabbaticals, other approved leaves of absence, and unpaid absences for a! reasons from full-time employment shall not constitute a break in service. However, of time during which an employee is retired shall constitute a break in service and ee who reinstates from retirement shall be required to be employed to perform credi rvice on a full-time basis for at least five school years preceding the workload reduction if he/she reinstates from retirement. (cf. 4161.1/4361.1- Personal Illnessllnjury Leave)

4. The employee shall have reached the age of 55 years prior to the workload reduction.

5. The employee shall not hold a position with a salary above that of a school principal.

6. The reduced workload shall be equal to at least one-half of the time the district requires for full-time employment, in accordance with Education Code 22138.5, pursuant to the employee's contract of employment during his/her last year of full-time employment.

Page 7: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

7. The employee shall be paid compensation that is the pro rata share of the creditable compensation he/she would have earned had he/she not reduced his/her workload.

8. For each school year that the employee's workload is reduced, the district and/or employee shall make any payment or contribution necessary for the employee's retention of a benefit to which he/she is entitled if employed full time, in the san1e manner as if the employee were employed full time.

9. The agreement may be revoked only by mutual consent of the employee and the Superintendent or designee.

However, an employee who has entered into a formalized agreement wit his/her contribution into the defmed benefit program picked up by the di the agreement to reduce his/her workload except by one of the following:

a. Terminating his/her service

b. Retiring from service nnder the defined benefit pr

t to have ot terminate

c. Continuing to perform creditable service under a new r ced workload arrangement for at least one-half of the time the district requires for full-time employment in accordance with Education Code 22138.5

d. Returning to full-time employm

10. The period of the reduced wor I not exceed 5[CA1] years.

Prior to the reduction an employee's eligibility in co Employees' Retirement System.

ployee's workload, the Superintendent or designee shall verify the tion with the administrative staff of STRS and/or the Public

ducation Code 22713)

The Superintendent or designee shall maintain the necessary records to separately identify each employee wh icipates in the reduced workload program. (Education Code 22713)

Legal Reference: EDUCATION CODE 22119.5 Creditable service, definition 22138.5 Full-time, definition 22713 Part-time employment; reduction of workload from full-time; credit 22903 Payment of contributions by employer for tax deferred purposes 44922 Regulations; reduction to part-time employment 44924 Regulations; prohibition against waiver of benefits

Page 8: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

GOVERNMENT CODE 21110-21120 Reduced workload, partial service retirement under PERS 53201 Health and welfare benefits: election by officers and employees COURT DECISIONS Praiser v. Biggs Unified School District (2001) 87 Cal.App.4th 398 United Teachers-Los Angeles v. Los Angeles Unified School District (1994) 24 Cal.App.4th 1510

Management Resources: WEB SITES California Public Employees' Retirement System: http://www.calpers.ca.gov California State Teachers' Retirement System: http://www.calstrs.com

Regulation ALBANY UNIFIED SCHOOL DISTRICT approved: August 2, 2011 Albany, California Reviewed: August 2012

Page 9: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

I AlbanyUSD with track changes Administrative Regulation Certification

AR4112.2 Personnel

Registration

Each person employed by the district for a position requiring certification qnalifioations shall, within 60 days after beginning en1j31oyment, register with the distriet a valid credential issued by the Commission on Teacher Credentialing (CTC) authorizing the person to vcork in that position. Certificeted employees also shall register renewed credentials viithin 60 days after the renewal. (Eduoetion Code 12617, 44332.5, 44857)

The Superintendent or designee shall verify that each employee in a position requiring certification qualifications possesses a valid credential or pennit issued by the Commission on Teacher Credentialing (CTC). Such verification shall occur not later than 60 days after the commencement of employment or the renewal of a credential. (Education Code 44857)

Basic Skills Proficiency Test

The district shall not initially hire on a permanent, temporary, or substitute basis a certificated person seeking employment in the capacity designated in his/her credential unless that person has passed the California Basic Educational Skills Test (CBEST) in reading, writing, and mathematics or is specifically exempted from the requirement by law. (Education Code 44252, 44252.6, 44830)

(cf. 4112.22- Staff Teaching Students of Limited English Proficiency) ( cf. 4112.23 - Special Education Staff) (cf. 4112.24- Teacher Qualifications Under the No Child Left Behind Act) ( cf. 4121 - Temporary/Substitute Personnel) ( cf. 5148 - Child Care and Development) (cf. 6178- Career Technical Education) (cf. 6178.2- Regional Occupational Center/Program) ( cf. 6200 - Adult Education)

The district may hire a certificated teacher who has not taken the CBEST a test of basic skills proficiency if he/she has not yet been afforded the opportunity to take the test. The employee shall take the test at the earliest opportunity and may remain employed by the district pending the receipt of his/her test results. (Education Code 44830)

An out-of-state prepared teacher shall complete the CBEST meet the basic skills requirement within one year of being issued a California preliminary credential by the CTC unless he/she has

Page 10: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

completed a basic skills proficiency test in another state or is otherwise exempted by law. An out-of-state prepared teacher applying to the CTC for a one-year nomenewable credential pending completion of the CBEST requirement shall pass the district's basic skills proficiency test which is at least equivalent to the district test required for high school graduation. (Education Code 44252, 44274.2)

(cf. 6146.1 -High School Graduation Requirements) (cf. 6146.2- Certificate of Proficiency) (cf. 6162.5- High School Exit Examination)

A person holding or applying for a designated subjects special subjects credential which does not require possession of a bachelor's degree shall pass the district proficiency test in lieu of the CBEST. (Education Code 44252, 44830)

Short-Term Staff Permit

The district may request that the CTC issue a short-term staff permit (STSP) to an applicant who meets the qualifications specified in 5 CCR 80021 whenever there is a need to immediately fill a classroom based on an acute staffing need, including, but not limited to, the following circumstances: (5 CCR 80021)

1. Emollment adjustments require the addition of another teacher.

2. The teacher of record is unable to finish the school year due to approved leave or illness.

3. The applicant needs additional time to complete preservice requirements for emollment into an approved internship program.

(cf. 4112.21- Interns)

4. The applicant is unable to emoll in an approved internship program due to timelines or lack of space in the program.

5. A third-year extension of an internship program is unavailable or the applicant has withdrawn from an internship program.

When requesting issuance of an STSP, the district shall submit to the CTC: (5 CCR 80021)

1. Verification that it has conducted a local recruitment for the permit being requested

2. Verification that it has provided the permit holder with orientation to the curriculum and to instruction and classroom management techniques and has assigned a mentor teacher for the term of the permit

(cf. 4131- StaffDevelopment)

Page 11: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

3. Written justification for the permit signed by the Superintendent or designee

The holder of an STSP may be assigned to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit (5 CCR 80021)

Provisional Internship Permit

The district may request that the CTC issue a provisional internship permit (PIP) to an applicant who meets the qualifications specified in 5 CCR 80021.1 whenever a suitable credentialed teacher cannot be found after a diligent search. The district shall verifY all of the following: ( 5 CCR 80021.1, 80026.5)

I. A diligent search has been conducted for a suitable credentialed teacher or suitable qualified intern as evidenced by documentation of the search.

The search shall include, but not be limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media.

(cf. 4111/4211/4311- Recruitment and Selection)

2. Orientation, guidance, and assistance shall be provided to the permit holder as specified in 5 CCR 80026.5.

The orientation shall include, but not be limited to, an overview of the curriculum the permit holder is expected to teach and effective instruction and classroom management techniques at the permit holder's assigned leveL The Superintendent or designee shall assign an experienced educator to guide and assist each permit holder.

3. The district shall assist the permit holder in developing a personalized plan through a district-selected assessment that would lead to subject-matter competence related to the permit

4. The district shall assist the permit holder to seek and emoll in subject-matter training, such as workshops or seminars and site-based courses, along with training in test-taking strategies, and shall assist the permit holder in meeting the credential subject-matter competence requirement related to the permit

5. A notice of intent to employ the applicant in the identified position has been made public.

The district shall submit a copy of the agenda item presented at a public Board of Education meeting which shall state the name of the applicant, the assignment in which the applicant will be employed including the name of the school, subject(s), and grade(s) that he/she will be teaching, and that the applicant will be employed on the basis of a PIP. The district also shall submit a signed statement from the Superintendent or designee that the agenda item was acted upon favorably.

6. The candidate has been apprised of steps to earn a credential and enroll in an internship

Page 12: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

program.

The holder of a PIP may be assigned to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit. ( 5 CCR 80021.1)

Visiting Faculty Permits

The district may request that the CTC issue a visiting faculty permit authorizing an individual to teach in departmentalized classes if he/she has at least three years full-time teaching experience at an accredited postsecondary institution, possesses a master's degree in a subject area closely related to the subject he/she proposes to teach, and meets other qualifications specified in law. In such cases, the district shall provide the CTC with both of the following: (Education Code 44300.1)

1. Annual documentation that the district has implemented a process for conducting a diligent search that includes, but is not limited to, distributing job announcements, contacting college and university placement centers, advertising in local newspapers, and participating in job fairs in Califomia, but has been unable to recruit a sufficient number of certificated teachers to teach the subject matter that the visiting faculty member proposes to teach

2. The Board-adopted Declaration of Need for Fully Qualified Educators based on the documentation set forth in item # 1

Credential Waiver/"Long-Term Substitute" Emergency Permits

If the district is unable to place at a school site a teacher who has completed a teacher preparation program, the district shall make reasonable efforts to recruit an individual for the assignment in the following order: (Education Code 44225.7)

1. A candidate who is qualified to participate in and enrolls in an approved intemship program in the region of the district

2. A candidate who is scheduled to complete preliminary credential requirements within six months and who is provided orientation, guidance, and assistance by the district

If an individual who meets the criteria specified in item # 1 or 2 above is not available to the district, the district may, as a last resort, request from the CTC a credential waiver or an emergency permit for the assignment of an individual who does not·meet those criteria. (Education Code 44225.7; 5 CCR 80023, 80026)

The district may request an emergency permit authorizing resource specialist, Crosscultural, Language and Academic Development (CLAD), Bilingual, Crosscultural, Language and Academic Development (BCLAD), or library media services.

In order to request an emergency permit, the district shall annually submit the Board-approved

Page 13: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Declaration of Need for Fully Qualified Educators on a form provided by the CTC, including certification that the district has made reasonable efforts to recruit a fully prepared teacher for the assignment. (Education Code 44225.7; 5 CCR 80023, 80026)

The Superintendent or designee shall provide any first -time J;ecipient of an emergency teaching permit with an orientation to teachjng which shall, to the extent reasonably feasible, occur before he/she begins a teaching assignment. The orientation shall include, but not be limited to, the curriculum the teacher is expected to teach and effective techillques of classroom instruction at the assigned grade-level span. The emergency permit holder also shall receive guidance and assistance from an experienced educator who is a certificated district employee or a certificated retiree from a California district or county office of education and who has completed at least three years of full-time classroom teaching experience. (5 CCR 80026.5)

(cf. 4117.14/4317.14- Postretirement Employment)

Emergency Substitute Teaching Perrllits

The district may employ for day-to-day substitute teaching, at any grade level, a person with an emergency substitute perrllit issued by the CTC with the following restrictions:

1. A person holding an emergency 3 0-day substitute perrllit, or any valid teaching or services credential that requires at least a bachelor's degree and completion of the CBEST, shall not serve as a substitute for more than 30 days for any one teacher during the school year. He/she shall not serve as a substitute in a special education classroom for more than 20 days for any one teacher during the school year. (5 CCR 80025, 80025.3, 80025.4)

2. A person with an emergency career substitute teaching perrllit shall not serve as a substitute for more than 60 days for any one teacher during the school year. (5 CCR 80025.1)

3. A person with an emergency substitute perrllit for prospective teachers shall not serve as a substitute for more than 30 days for any one teacher during the school year and not more than 90 days total during the school year. (5 CCR 80025.2)

4. A person with an emergency substitute permit for career techillcal education shall teach only in a program ofteclmical, trade, or vocational education and not serve as a substitute for more than 30 days for any one teacher during the school year. (5 CCR 80025.5)

Before employing a person with an emergency substitute perrllit pursuant to item #1 or 4 above, the Superintendent or designee shall prepare and keep on. file a signed Statement of Need for the school year. The Statement of Need shall describe the situation or circumstances that necessitate the use of a 3 0-day substitute perrllit holder and state either that a credentialed person is not available or that the available credentialed person does not meet the district's specified employment criteria. (5 CCR 80025, 80025.5)

Page 14: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Regulation ALBANY UNIFIED SCHOOL DISTRICT approved: June 3, 2009 Albany, California Reviewed: August 2012

Page 15: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

AlbanyUSD Administrative Regulation Certification

AR4112.2 Personnel Registration

The Superintendent or designee shall verify that each employee in a position requiring certification qualifications possesses a valid credential or permit issued by the Commission on Teacher Credentialing (CTC). Such verification shall occur not later than 60 days a of employment or the renewal of a credential. (Education Code 44857)

Basic Skills Proficiency Test

The district shall not initially hire on a permanent, temporar~~ substitute basis ·a certificated person seeking employment in the capacity designated in ···hh c dential unless that person has passed the California Basic Educational Skills Test (CBES · · g, writing, and mathematics or is specifically exempted from the requirement by law. wn Code 44252, 44252.6, 44830)

(cf. 4112.22- Staff Teaching Students of Limited English Proficiency) (cf. 4112.23- Special Education Staff) (cf. 4112.24- Teacher Qualifications ·No Child Left Behind Act) (cf. 4121- Temporary/Substitute Perso ( cf. 5148 - Child Care and Development (cf. 6178- Career Tec~a1 Education) (cf. 6178.2- Regional Occ ·onal Center/Program) ( cf. 6200 - Adult Education)

f

The district may hire a certificated teacher who has not taken a test of basic skills proficiency if he/she has not een afforded the opportunity to take the test. The employee shall take the test at

·/)' and may remain employed by the district pending the receipt of his/her test ·ode 44830)

An out-of-state prepared teacher shall meet the basic skills requirement within one year of being issued a California preliminary credential by the CTC unless he/she has completed a basic skills proficiency test in another state or is otherwise exempted-by law. An out-of-state prepared teacher applying to the CTC for a one-year nonrenewable credential pending completion of the cBEST requirement shall pass the district's basic skills proficiency test which is at least equivalent to the district test required for high school graduation. (Education Code 44252, 44274.2)

( cf. 6146.1 - High School Graduation Requirements) (cf. 6146.2- Certificate of Proficiency) (cf. 6162.5- High School Exit Examination)

Page 16: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

A person holding or applying for a designated subjects special subjects credential which does not require possession of a bachelor's degree shall pass the district proficiency test in lieu of the CBEST. (Education Code 44252, 44830)

Short-Term Staff Permit

The district may request that the CTC issue a short-term staff permit (STSP) to an applicant who meets the qualifications specified in 5 CCR 80021 whenever there is a need to immediately fill a classroom based on an acute staffing need, including, but not limited to, the following circumstances: (5 CCR 80021)

1. Enrollment adjustments require the addition of another teacher.

2. The teacher of record is unable to finish the school year due to appro

3. The applicant needs additional time to complete preservice requirements into an approved internship program.

(cf. 4112.21 -Interns)

4. The applicant is unable to enroll in an approved internship program due to timelines or lack of space in the program.

5. A third-year extension of an withdrawn from an internship pn1gram

2. Verification instruction and of the permit

·nvioe:o the permit holder with orientation to the curriculum and to ~antag•ement techniques and has assigned a mentor teacher for the term

taffDevelopment)

· fication for the permit signed by the Superintendent or designee

' The holder of an STSP may be assigned to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit. ( 5 CCR 80021)

Provisional Internship Permit

The district may request that the CTC issue a provisional internship permit (PIP) to an applicant

Page 17: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

who meets the qualifications specified in 5 CCR 80021.1 whenever a suitable credentialed teacher cannot be found after a diligent search. The district shall verify all of the following: ( 5 CCR 80021.1, 80026.5)

1. A diligent search has been conducted for a suitable credentialed teacher or suitable qualified intern as evidenced by documentation of the search.

The search shall include, but not be limited to, distributing job announcements, contacting college and university placement centers, and advertising in print or electronic media.

( cf. 411114211/4311 - Recruitment and Selection)

2. Orientation, guidance, and assistance shall be provided to the penni 5 CCR 80026.5.

The orientation shall include, but not be limited to, an overview o holder is expected to teach and effective instruction and classroo permit holder's assigned level. The Superintendent or designee sha educator to guide and assist each permit holder.

s specified in

e permit e hniques at the

an experienced

3. The district shall assist the permit hoi district-selected assessment that would lead to

developing a personalized plan through a -matter competence related to the permit.

4. The district shall assist the permit hold d enroll in subject-matter training, such as workshops or seminars and site-based course , g with training in test-taking strategies, and shall assist the permit holder in meeting the credential subject-matter competence requirement related to the permit.

5. A notice of intent to emp pplicant in the identified position has been made public.

The district shall submil copy of the agenda item presented at a public Board of Education meeting which shal t e name of the applicant, the assignment in which the applicant will be employed includ· · e of the school, subject(s), and grade(s) that he/she will be teaching, and that the applicant will be employed on the basis of a PIP. The district also shall submit a signed statement from the Superintendent or designee that the agenda item was acted upon favorably.

6. Th ·date has been apprised of steps to earn a credential and enroll in an internship

The holder of a PIP may be assigned to provide the same service as a holder of a multiple subject, single subject, or education specialist credential in accordance with the authorizations specified on the permit. (5 CCR 80021.1)

Visiting Faculty Permits

The district may request that the CTC issue a visiting faculty permit authorizing an individual to

Page 18: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

teach in departmentalized classes if he/she has at least three years full-time teaching experience at an accredited postsecondary institution, possesses a master's degree in a subject area closely related to the subject he/she proposes to teach, and meets other qualifications specified in law. In such cases, the district shall provide the CTC with both of the following: (Education Code 44300.1)

1. Annual documentation that the district has implemented a process for conducting a diligent search that includes, but is not limited to, distributing job armouncements, contacting college and university placement centers, advertising in local newspapers, and participating in job California, but has been unable to recruit a sufficient number of certificated teache subject matter that the visiting faculty member proposes to teach

2. The Board-adopted Declaration of Need for Fully Qualified Educators based on documentation set forth in item # 1

Credential Waiver/"Long-Term Substitute" Emergency Permits

If the district is unable to place at a school site a teacher who has c d a teacher preparation program, the district shall make reasonable efforts to recruit an individual for the assignment in the following order: (Education Code 44225.7)

1. A candidate who is qualified to partici d emolls in an approved internship program in the region of the district

2. A candidate who is scheduled to comple irninary credential requirements within six months and who is provided orientation, guidance, and assistance by the district

If an individual who meets the district, the district may, as a last permit for the assignmen of an ind1 44225.7; 5 CCR 80023, 026)

ecified in item #1 or 2 above is not available to the , quest from the CTC a credential waiver or an emergency

al who does not meet those criteria. (Education Code

The district may mergency permit authorizing resource specialist, Crosscultural, Language and Academic Development (CLAD), Bilingual, Crosscultural, Language and Academic Development (BCLAD), or library media services.

request an emergency permit, the district shall armually submit the Board-approved .Need for Fully Qualified Educators on a form provided by the CTC, including

certificatio. at the district has made reasonable efforts·to recruit a fully prepared teacher for the assignment. (Education Code 44225.7; 5 CCR 80023, 80026)

The Superintendent or designee shall provide any first-time recipient of an emergency teaching permit with an orientation to teaching which shall, to the extent reasonably feasible, occur before he/she begins a teaching assignment. The orientation shall include, but not be limited to, the curriculum the teacher is expected to teach and effective techniques of classroom instruction at the assigned grade-level span. The emergency permit holder also shall receive guidance and

Page 19: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

assistance from an experienced educator who is a certificated district employee or a certificated retiree from a California district or county office of education and who has completed at least three years of full-time classroom teaching experience. (5 CCR 80026.5)

(cf. 4117.14/4317.14- Postretirement Employment)

Emergency Substitute Teaching Permits

The district may employ for day-to-day substitute teaching, at any grade level, a pers emergency substitute permit issued by the CTC with the following restrictions:

1. A person holding an emergency 30-day substitute permit, or any valid teaching or JVices credential that requires at least a bachelor's degree and completion of the CBEST, shall no )serve as a substitute for more than 30 days for any one teacher during the school year. He/she{Hall not serve as a substitute in a special education classroom for more than s for any one teacher during the school year. (5 CCR 80025, 80025.3, 80025.4)

2. A person with an emergency career substitute teaching perm · f~ot serve as a substitute for more than 60 days for any one teacher during the school year. (5 CCR 80025.1)

3. A person with an emergency substitute pe substitute for more than 30 days for any one t days total during the school year. (5 CCR 80

r prospective teachers shall not serve as a uring the school year and not more than 90

4. A person with an emergency substitute for career technical education shall teach only in a program oftechnical, trade, or vocational education and not serve as a substitute for more than 30 days for any one teacher .:_ng the school year. (5 CCR 80025.5)

Before employing a person with • ency substitute permit pursuant to item # 1 or 4 above, the Superintendent or designee shall~pare and keep on file a signed Statement of Need for the school year. The Statement of Need shall describe the situation or circumstances that necessitate the use of a 30-day substitute permit holder and state either that a credentialed person is not available or that the available credentialed person does not meet the district's specified employment . (5 CCR 80025, 80025.5)

Regulation ALBANY UNIFIED SCHOOL DISTRICT approved: June 3, 2009 Albany, California Reviewed: August 2012

Page 20: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

I Albany USD with track changes Administrative Regulation Preretirement Part-Time Employment

AR4117.11 Personnel

On a case-by-case basis, the Superintendent or designee may allow agy certificated employee who is a member of the defined benefit program of the California State Teachers' Retirement System (STRS) to reduce his/her workload from full time to part time when doing so does not disrupt the educational program and is in the best interests of the district.

fill)' such certificated employee who reduces his/her workload to part time may maintain the retirement and health and welfare benefits that he/she 'Nould have received if employed on a full time basis under the following conditions: (Education Code 22713, 4 4922)

Any snch ce1iificated employee who is a member of the defined benefit progran1 of the Califomia State Teachers' Retirement System (STRS) may continue to receive the service credits and maintain the retirement and health and welfare benefits that he/she would have received if employed on a full-time basis. provided the following conditions exist: (Education Code 22713. 44922)

(cf. 4154/4254/4354- Health and Welfare Benefits)

1. The option to reduce the employee's workload shall be exercised at the request of the employee and the agreement to reduce the workload shall be in effect at the beginning of the schoo I year.

2. Prior to the reduction in workload, the employee shall have a minimum of 10 years of credited service, of which the immediately preceding five years were full-time employment.

3. The employee shall not have had a break in service during the five years immediately preceding the reduction in workload. Sabbaticals, other approved leaves of absence, and unpaid absences for personal reasons from full-time employment shall not constitute a break in service. However,.J!llY_ -the period of time during which an employee is retired shall constitute a break in service and an employee who reinstates from retirement shall be required to be employed to perform creditable service on a full-time basis for at least five school years preceding the workload reduction if he/she reinstates from retirement."

(cf. 4161.1/4361.1 -Personal Illnessllnjury Leave)

4. The employee shall have reached the age of 55 years prior to the workload reduction.

5. The employee shall not hold a position with a salary above that of a school principaL

Page 21: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

6. The reduced workload shall be equal to at least one-half of the time the district requires for full-time employment, in accordance with Education Code 22138.5, pursuant to the employee's contract of employment during his/her last year of full-time employment.

7. The employee shall be paid compensation that is the pro rata share of the creditable compensation he/she would have earned had he/she not reduced his/her workload.

8. For each school vear that the employee's workload is reduced. the district and/or employee shall make any payment or contribution necessary for the employee's retention of a benefit to which he/she is entitled if employed full time. in the same manner as if the employee were employed full time.

&2.. The agreement may be revoked only by mutual consent of the employee and the Superintendent or designee.

However, an employee who has entered into a formalized agreement with the district to have his/her contribution into the defined benefit program picked up by the district may not terminate the agreement to reduce his/her workload except by one of the following:

a. Terminating his/her service

b. Retiring from service under the defined benefit program

c. Continuing to perform creditable service under a new reduced workload arrangement for at least one-half of the time the district requires for full-time employment in accordance with Education Code 22138.5

d. Returning to full-time employment

!flO. The period of the reduced workload shall not exceed 5[CA1] years.

Prior to the reduction of an employee's workload, the Superintendent or designee shall verify the employee's eligibility in conjunction with the administrative staff of STRS and/or the Public Employees' Retirement System. (Education Code 22713)

The Superintendent or designee shall maintain the necessary records to separately identify each employee who participates in the reduced workload program. (Education Code 22713)

Legal Reference: EDUCATION CODE 22119.5 Creditable service, definition 22138.5 Full-time, definition 22713 Part-time employment; reduction of workload from full-time; credit

Page 22: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

22903 Payment of contributions by employer for tax deferred purposes 44922 Regulations; reduction to part-time employment 44924 Regulations; prohibition against waiver of benefits

GOVERNMENT CODE 21110-21120 Reduced workload, partial service retirement under PERS 53201 Health and welfare benefits: election by officers and employees COURT DECISIONS Praiser v. Biggs Unified School District (2001) 87 Cal.App.4th 398 United Teachers-Los Angeles v. Los Angeles Unified School District (1994) 24 Cal.App.4th 1510

Management Resources: WEB SITES California Public Employees' Retirement System: http://www.calpers.ca.gov California State Teachers' Retirement System: http://www.calstrs.com

Regulation ALBANY UNIFIED SCHOOL DISTRICT approved: August 2, 2011 Albany, California Reviewed: August 2012

Page 23: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

AlbanyUSD Board Policy Nondiscrimination In Employment

BP 4030 Personnel

The Governing Board desires to provide a positive work environment where employees and job applicants are free from harassment and are assured of equal access and opportunities in accordance with law. The Board prohibits any district employee from harassing or discriminating against any other district employee or job applicant on the basis of the actual or perceived race, religion, color, national origin, ancestry, age, marital status, or mental disability, medical condition, genetic information, veteran status, , gender expression, sex, or sexual orientation.

( cf. 0410 -Nondiscrimination in District Programs and ( cf. 4032 -Reasonable Acconnnodation) ( cf. 4033 - Lactation Acconnnodation) (cf. 4119.11/4219.11/4319.11- Sexual Harassment) (cf. 4119.41/4219.41/4319.41- Employees with Infectious (cf. 4154/4254/4354- Health and Welfare Benefits) (cf. 5145.7- Sexual Harassment)

Prohibited discrimination consists o denial of promotion, joo, assignment, discrimination listed ail\re. Harassmen

rse employment action, including termination or g ased on any of the prohibited categories of

of any unwelcome verbal, physical, or visual conduct that is based on f the pro hi bite categories of discrimination listed above and that is

versely affects an individual's employment opportunities, has the terfering with the individual's work performance, or creates an

k environment.

so severe and pervasive that purpose or effect of unreasonab intimidating, ho "le, or offensive

The Board al testifies, assists, to this policy.

ts retaliation against any district employee or job applicant who complains, y ay participates in the district's complaint procedures instituted pursuant

Any district employee who engages in prohibited discrimination, harassment, or retaliation or who aids, abets, incites, compels, or coerces another to engage or attempt to engage in such behavior in violation of this policy shall be subject to disciplinary action, up to and including dismissal.

( cf. 411 7.4 - Dismissal) ( cf. 4118 - Suspension/Disciplinary Action) (cf. 4218- Dismissal/Suspension/Disciplinary Action)

Page 24: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

The following position is designated as Coordinator for Nondiscrimination in Employment:

Human Resources Administrator 1051 Momoe St. Albany, CA 94706 510-558-3757

Any employee or job applicant who believes that he/she has been or is being discriminated against or harassed in violation of district policy should, as appropriate, immediately contact his/her supervisor, the Coordinator, or the Superintendent who shall advise the employee or applicant about the district's procedures for filing, investigating, and resolving any such complaint.

Complaints regarding employment discrimination or harassment shall investigated in accordance with AR 4031 - Complaints Concerning Employment.

( cf. 4031 - Complaints Concerning Discrimination in Employment)

Any supervisory or management employee who obse prohibited discrimination or harassment shall report the Superintendent as soon as practical after the incident. All report such incidents to their supervisor immediately.

Training and Notifications

has knowledge of an mcident of the Coordinator or ployees are encouraged to

The Superintendent or designee harassment and discrimination, how to policies and regulations regarding d1scrurru!

tralnil1g to employees about how to recognize

(cf. 4131- Staffn"'""lrm ( cf. 4231- Staff (cf. 4331- StaffnP,JPlri

and components of the district's

endent or designee shall regularly publicize, within the district and in the community, nondiscrimination policy and the availability of complaint procedures. Such

publicatio all be included in each armouncement, bulletin, or application form that is used in employee re ~Jment. (34 CFR 100.6, 106.9)

~ '1li'

The district's policy shall be posted in all district schools.and offices including staff lounges and student govermnent meeting rooms. (5 CCR 4960)

Page 25: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Legal Reference: EDUCATION CODE 200-262.4 Prohibition of discrimination

CIVIL CODE 51.7 Freedom from violence or intimidation

GOVERNMENT CODE 11135 Unlawful discrimination 12900-12996 Fair Employment and Housing Act

PENAL CODE 422.56 Definitions, hate crimes

CODE OF REGULATIONS, TITLE 2 7287.6 Terms, conditions and privileges of employment

CODE OF REGULATIONS, TITLE 5 4900-4965 Nondiscrimination in ele1me11t

UNITED STATES CODE, TITLE 20 1681-1688 Title IX of the Education

UNITED STATES CODE, TITLE 29 621-634 Age Discrimination in Employment 794 Section 504 of the RehabiJ~tion Act of 1

r:~

UNITED STATES CODE, TIT c. ·

2000d-2000d-7 Title Civil Rig 2000e-2000e-17 Title Civil Ri 2000ff-2000ff-11 2000h-2-2000h-6 6101-61 07 Age dis<:rirrLinlf 121 01 Americans with Di~:abiliti<"s

ov.c,rv>..L REGULATIONS, TITLE 28 '\m•enc:ans with Disabilities Act

CODE OF FEDERAL REGULATIONS, TITLE 34 100.6 Compliance information 104.7 Designation of responsible employee for Section 504 104.8 Notice 106.8 Designation of responsible employee and adoption of grievance procedures 106.9 Dissemination of policy 110.1-110.39 Nondiscrimination on the basis of age

Page 26: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

COURT DECISIONS Thompson v. North American Stainless LP, (2011) 131 S.Ct. 863 Shephard v. Loyola Marymount, (2002) 102 Cal.App.4th 837

Management Resources: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS Questions and Answers: Religious Discrimination in the Workplace, 2008 Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, October 2002 Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassme y Supervisors, June 1999

U.S. DEPARTMENT OF EDUCATION, OFFICE FOR CIVIL RIGHTS PUBL Notice ofNon-Discrimination, August 2010

WEB SITES. California Department of Fair Employment and Housing: h U.S. Department of Education, Office for Civil Rights: http:/ U.S. Equal Employment Opportunity Co · ·ssion: http://www.

(11/03 3/10) 3/12 Approved: August 2012

eh.ca.gov vI about/ offices/list/ ocr

Page 27: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

I Albany USD - with track changes Board Policy Nondiscrimination In Employment

BP 4030 Personnel

The Board ofEducatimt prohibits discrimination against and/or harassment of district e!lljlloyees and job applicants at any district site or activity on the basis of actual or perceived race, religion, color, national origin, ancestry, age, marital status, pregnancy, physical or mental disability, medical condition, genetic infonnation, veteran status, gend&, sex, or sexual orientstion.

(of. 0410 Nondiscrimination in District Programs and Activities) (of. 1032 Reasonable Accommodation) (of. 41!9.11/4219.11/4319.11 Smmal Harassment) (cf. 1119.41/4219.41/1319.11 Employees with Infectious Disease) (cf. 4154/4254/4351 Health and Welfare Benefits) (of. 5145.7 SCJmalHamssment)

Prohibited discrimination or harassment consists of umveloome conduct, '.\1lether verbal, physical, or visual, based on any of the prohibited categories of discrimination listed above, that is so severe and pervasive that it adversely affects an individual's employment opportunities or has the purpose or effect of\HH'easonably interfering with hisAl& work performance or creating an intimidating, hostile, or offensive work environment.

The Board also prohibits retaliation against any district en1ployee or job applicant who complains, testifies, assists, or in any way prn"ticipates in the district's complaint procedures instituted pmsuant to this policy.

Any district employee who engages or prn'ticipates in prohibited discrimination or hrn·assment, or who aids, abets, incites, compels, or coerces another to engage or atte!lljlt to engage in such behavior, shall be in violation of this policy and shall be subject to disciplinary action, up to alld including dismissal.

(cf. 1117.1 Dismissal) (cf. 111 8 Suspensio11'Disciplinary Action) (cf. 121 g Dismissal/Suspensio111Disciplinary Action)

The Board desigootes the following position as Coordinator for Nondiscrimination in Employment:

Human Resomces Administmtor 1051 Mornoe St. Albany, CA 94706

Page 28: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

(510) 558 3757

Any errtployee or job applicant who believes that he/she has been or is being dismiminated against or harassed in violation of district policy or reg~;lation should immediately contact his/her supervisor, the Coordinator, or the guperintendent who shall advise the 811l-J3loyee or applicant about the district's procedures for filing, irwestigating, and resolving any such complaints.

Complaints regarding employment discrimination or harassment shall immediately be investigated in accordance 'Nith AR 4 031 Complaiats Concerning Discrimination in Employment.

(cf. 4 031 Complaints Concerning Discrimination in Employment)

Any supervisory or management eruployee who observes or has knowledge of an iocideat of prohibited discrimination or harassment shall repmi the incident to his,qler supervisor, the Coordinator, or guperintendent as soon as practical after the incident. All other employees are encouraged co report such incidents to their supervisor immediately.

Training and Notifications

The guperintendent or designee shall provide training to employees about how to recognize harassment and discrimination, how to respond appropriately, and components of the district's policies and regulations regarding discriminatioa.

(cf. 4131 gtaff Development) (cf. 4 231 gtaff Development) (cf. 4331 StaffDevelopment)

The Superintendent or designee shall regularly publicize, within the district and in the community, the district's nondiscrinllnation policy and the availability of COI1l-J3laint procedures. Such publication shall be included in each ant1ouncen1ent, bulletin, or application form that is used in employee recruitment. (34 CFR 100.6, 106.9)

The district's policy shall be posted in all schools and offices including staff lounges and student government meeting rooms. (5 CCR 4 960)

Legal Reference: EDUCATION CODE 200 262.4 Prohibition of discrimination CIVIL CODE 51.7 Freedom from '.'iolence or intimidation GOVERNMENT CODE 1113 5 Unlavrful discrimination 12900 12996 Fair Employment and Housing Act

Page 29: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

PENAL CODE 422.56 Definitions, hate crimes CODE OF REGULATIONS, TITLE 2 7287.6 Terms, conditions and privileges of employment CODE OF REGULATIONS, TITLE 5 4 900 4 965 -Nondiscrimination in elementary and seconda1·y education UNITED STATES CODE, TITLE 20 1681 1688 Title IX of the Education i\mendments of 1972 UNITED STi\TES CODE, TITLE 29 621 63 4 Age Discrimination in Employment Act 794 Section 504 of the Rehabilitation Act of 1973 UNITED SLAJES CODE, TITLE 42 2000d 2000d 7 Title VI, Civil Rights f,ct of 1964, as ffiflended 2000e 2000e 17 Title VII, Civil Rights Act of 1964, as ffinended 2000ff 2000ff 11 Genetic Information Nondiscrimination Act of 2008 2000h 2 2000h 6 Title IX of the Civil Rights Act of 1964 12101 12213 Americans with Disabilities Act CODE OF FEDERAL REGULlJIONS, TITLE 2& 3 5.1 0 1 3 5 .190 l\merica11s with Disabilities Act CODE OF FEDERAL REGULATIONS, TITLE 34 1 00.6 Compliance information 104.7 Designation ofiesponsible employee for Section 504 104.8 Notice 106.8 Designation of responsible employee a11d adoption of grievance procedures 106.9 Dissemination of policy COURf DECISIONS Shephard v. Loyola Marymount, (2002) 102 Cal.App.4th 837

Management R"sources: EQUAL EMPLOYMENT OPPORTUNITY COMMISSION PUBLICATIONS Questions and ,\nswers: Religious Discrimination in the Workplace, 2008 Enforcement Guidance: Reasonable Acco1m11odation and Undue Hardship under the l\merica11s with Disabilities Act, October 2002 Enforcement Guida11ce: Vicarious Employer Liability for Unlawful Ha1·assment by Supervisors, June 1999 U.S. DEPARD.fEHT OF EDUCf,TION, OFFICE FOR CIVIL RIGHTS Notice ofNon Discrin1ination, Jai1Uffi)' 1999 \1/EB SITES California Department of Fair Employment and Housing: http://vtwvt.dfoh.ca.gov U.S. Depa1iment of Education, Office for Civil Rights: http://wv,a,v.ed.gov/about1offices/listlocr U.S. Equal Employment Opportunity Commission: http:,l,&,,amv.eeoc.gov

Policy f,LBANY UNIFIED SCHOOL DISTRICT adopted: October 18, 2011 Albany, California

Page 30: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

AlbanyUSD Board Policy Contracts

BP 43!2.1 Personnel

The Governing Board recognizes the importance of qualified and competent indi · u district programs and to assist the Superintendent in coordinating efforts to achieve and objectives. To that end, the Board may fill certificated administrative and supervis positions and classified senior management positions on a contract basis.

( cf. 0000 - Vision) (cf. 2121- Superintendent's Contract) (cf. 4111/4211/4311 -Recruitment and Selection) (cf. 4300- Administrative and Supervisory Personnel) (cf. 4313.2- Demotion/Reassignment) (cf. 4314- Transfers)

The Board may offer a continuing contract of superintendent; any certificated employee hoi administration credential; or any senior manag 35031, 44929.20)

years to any deputy, associate, or assistant on requiring a supervision or

classified service. (Education Code

Prior to entering into any such c ~c the Board and Superintendent shall consider the financial impact of the contract on the di e proposed contract shall also be reviewed by legal counsel to ensure that all legally req~ · provisions are included in the contract and to address any potentially adverse obligations to the'iiistrict.

( cf. 3460 - Financial Reports and Accountability)

The Boards erate in the closed session of a regular meeting about the terms of an employmen or a deputy, associate, or assistant superintendent; other certificated employee hoi osition requiring a supervision or administration credential; or a senior manager of the classified service. (Government Code 54957)

(cf. 9320- Meetings and Notices) (cf. 9321 -Closed Session Purposes and Agendas) (cf. 9321.! -Closed Session Actions and Reports)

Any such employment contract shall be ratified by the Board during an open session of a regularly scheduled Board meeting and reflected in the Board's minutes. Copies of the contracts shall be available to the public upon request. (Government Code 53262)

Page 31: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

( cf. 1340 - Access to District Records) (cf. 9322- Agenda/Meeting Materials) (cf. 9324- Minutes and Recordings)

Extension of Contract and Reemployment

A contract shall be extended only by Board action and subsequent to a satisfactory evaluation of the employee's performance. No employment contract shall include a provision for automatic renewal of the contract.

(cf. 4315- Evaluation/Supervision)

During the term of the contract and with the consent of the employee involved, the Boar ay reelect or reemploy the employee starting on the next succeeding first day of July and ba don terms and conditions mutually agreed upon by the Board and the e e. (Education Code 35031)

If the Board decides not to reelect or reemploy a deputy, ass senior manager of the classified service upon the expiratio employee in writing 45 days prior to the expiration of the t 35031)

Tennination of Contract

e, ant superintendent or a his/her term, it shall notify the

'! e contract. (Education Code

Every employee contract shall include that the employee may receive in the e contract prior to its expiration date. (

·on specifying the legal maximum cash settlement e Board fmds it necessary to terminate the

ent Code 53260) dfj§

(cf. 4117.5/4217.5/4317'3- enninationAgreements)

In addition, all employee con 'hall include a provision that, if the employee is convicted of a crime involving an abuse ofhis/lier office or position, he/she shall fully reimburse the district for payments he/she receives as paid leave salary pending investigation or as cash settlement upon his/her termil}<t'!l. and for any funds expended by the district in his/her criminal legal defense. (Govennnei ., " 243-53243.4, 53260)

Page 32: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

Legal Reference: EDUCATION CODE 35030 Title of deputy, associate or assistant superintendent for certain positions 35031 Term of employment 44842 Automatic declining of employment 44843 Notice of employment to county superintendent 44929.20 Continuing contract 44951 Continuation in position unless notified

GOVERNMENT CODE 3511.1-3511.2 Local agency executives 53243-53243.4 Abuse of office 53260-53264 Employment contracts 54954 Time and place of regular meetings 54956 Brown Act- Open meeting laws; special meetings 54957 Closed session, personnel matters

Management Resources: CSBA PUBLICATIONS Maximizing School Board Governance: The Board's Relat

WEB SITES CSBA: http://www.csba.org

District Staff, 2007

Association of California School Administrators: http://www.acsa.org

(6/99 7/07) 3/12 .§'JiJ ¥!7

Approved: August 2012

Page 33: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

I AlbanyUSD Board Policy Contracts

BP 4312.1 Personnel

with track changes

The Board of Education recognizes the importance of attracting and retaining qualified ackninistrative and snpervisory personnel to help the district achieve its goals for student leaming. To that end, the Board may employ certificated administrative and supervisory pel'Sonnel and senior management of the classified staff on a contract basis. Prior to entering into any such contract, ti1e Board and Superintendent shall consider the financial and legal implications of the contract in order to protect the district from any potentially adverse obligations.

(cf. 0000 Vision) (cf. 2121 Snperintendent's Contract) (cf. 3 4 60 Financial R~ports and Accountability) (of. 4111/4211/4311 Recruitment and Selection) (of. 4300 /,dministrativc and Snpervisory Persom1el) (of. 4 313 .2 Demotion/Reassignment) (cf. 4 31 4 Transfers)

The Board may offur a dej'luty, associate, or assistant superintendent, or ffi1)' other person holding a position requiring a supewision or administrative credential, a continuing contract for a period longer than one year but not to enceed fottr years. (Education Code 35031, 44929.20)

All contracts shall be ratified by the Board during ffil open session of a Boru·d meeting and reflected in the Board's minutes. Copies of the contracts shall be available to the public npon request. (Education Code 35031; Goverll11lent Code 53262)

(cf. 13 4 0 Access to District Records) (cf. 9322 Agenda/Meeting Materials) (cf. 93 2 4 Minutes ru1d Recordings)

A contract shall be eJctended only by Boru·d action and subsequent to a satisfactory evaluation of the employee's perfonnru1oe.

(of. 4 315 Evaluation/Snpenision)

During the tenn of the contract and \Yith the consent of the employee, the Board may reemploy, effective on the neJct succeeding first day of July, a deputy, associate, or assistant snperintendent and reclectJrcCUlJlloy him/her on those tenus and conditions mutually agreed upon by the Board and the en1ployee for a neve term to begin on the effective date of the termination ofthe existing

Page 34: AR4112.2 July 1, 2011€¦ · basic skills proficiency beyond the California Basic Educational Skills Test AR4117.11 Pre-retirement Part-Time Employment MANDATED regulation revised

te rm (Edttcation Code 35031)

If the a sen

d d , des not to reelect or reemp O) a . 'r of hisfhet· temr, It shall nohle . Bo:ana::~ of the classified seiYiee upon ~le CJf~: ::::u of the contract. (Edttcation Code nor n . "' . . 4 5 days prim to the exprrahon o .

of employme!lt. . .· 4ende!lt or · te or asswtant supe! m 1 , deputy asso01tv , . ·!~,'tl

empl oyee 111 wnhng 3503

1) . . . ·in" the legal mmtimum eash scttlemetlt thct Em ployee contracts shall inelude a pmv:~lm:£:1:1?ont~act. (Govetl.lment Code 53260) employee may receive upon tetl.mna Jon the

(of. · f A !:!l'Bements) 4117.5/4217.5/4317.5 TBil.mna Ion' 'b

Le gal Reforet1ce: E

DUCATION CODE . . tffi1t superintendent for eettain positiOns ~3 030 Title of deputy, assocmte or ass!s 35 031 Term of employment+ 44 . · f mploymefu 842 "utometic declmmg 0 e ··tendent

r. 1 t to county supenn 44 843 Notice ofemp oymen 4 4

4 929 20 Continuing contract "fi d · . · · tion unless not1 e 4951 Cmltinuatwn m paS!

GO"ERNMENT CODE 32~0 53264 Employment contracts . 4954 Time and place of regular mectmgs 4 957 Closed session, personnel matters

5 5 5

~ 4EH1agement Resources: · · f 2007 ~SB,\ PUBLICATIONS . Th BoEH·d's Relationship to D!Stnct Staf ' Maximizing School Board Governance. e

WEB SITES "

CSB A. http·'b~"w.csba.or, http-""~'~" ocsa.org Asso'ci~ion of California Sohool A m!rus . . .n .r" d . . trators· uv.w ...

Policy ALBAN • ill 9

"lbEH'17' California adopted: June 3, 200 r. ,

v HFIBD SCHOOL DISTRICT