CHAPTER 5000 HUMAN RESOURCES

Document Sample
CHAPTER 5000 HUMAN RESOURCES Powered By Docstoc
					                                         CHAPTER 5000

                                     HUMAN RESOURCES


Note: Regulations, forms, and exhibits associated with specific policies are in italics.

 File Number                                             Title
     5010          Philosophy
     5020          Observance of Policies and Regulations
     5030          Professional Ethics
     5040          Equal Employment Opportunity and Affirmative Action Plan
     5050          Title IX Education Amendments of 1972
     5060          Sexual Harassment
     5070          Employee Selection
     5080          Health Requirements
     5090          Continuing Contract
     5100          Reassignment and Transfer
     5110          Supplemental Pay Assignment
     5120          Substitutes
     5130          Tutoring and Other Activities
     5140          Non-School Employment
     5150          Grievance Procedure
    5150-R         Procedures for Adjusting Grievances: Teachers
     5160          Promotion
     5170          Performance Evaluation
     5180          Blood Borne Contagious or Infectious Diseases
     5190          Student Teaching, Practica, Externship, Field Work
     5200          Reserved
     5210          Supplemental Retirement Program
     5220          Vacation Leave for Twelve-Month Employees
     5221          Holidays
     5230          Sick Leave
     5240          Personal Leave
     5250          Professional Leave
     5260          Civic Leave
     5270          Court Appearance Leave
     5280          Military Leave Reserve Training and Active Duty
     5281          Probationary Status for Classified/Support Staff
     5290          Short Term Leave Without Pay
     5300          Leave of Absence Without Pay
     5310          Sick Leave Bank and Donation of Sick Leave
     5320          Health and Dental Care Benefits
     5330          Reduction in Force
     5340          Employment of Family Members
     5350          Teachers’ Duties and Responsibilities
     5360          Privacy Policy
     5370          Reserved
     5380          Drug and Alcohol-Free Workplace
    5380-R         Drug and Alcohol-Free Workplace
    5380-F         Acknowledgment Form for Employees – Drug and Alcohol-Free Workplace
                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
  5390       Smoking
 5390-R      Smoking
  5400       Compensation Plan
  5410       Leave Without Pay for Family and Medical Purposes
 5410-R      Leave Without Pay for Family and Medical Purposes
 5410-E      Leave Without Pay for Family and Medical Purposes – Informational
  5420       Appeal Process for Demotion and Dismissal Procedure for Support Positions
  5430       Omnibus Transportation Employee Testing Act
  5440       Employee Suspensions
  5450       Employee Resignations
  5460       Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
Appendix A   Procedures Relating to Personnel




                  CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5010


                                          PHILOSOPHY

        The personnel policy of the school system provides for the employment of individuals
competently trained, unified in purpose and organization, and devoted to the cause of providing
the best possible educational and work climate in each of the schools and departments. To that
end, it is the directive of the School Board to hire and retain, at all levels, the most highly
qualified and competent employees who represent positive role models for an increasingly
diverse student population, meet the high expectations of the school district, and strive to be
lifelong learners. Such shall be accomplished through vigorous recruitment, support, and
retention efforts, including effective orientation, guidance, training, professional growth
opportunities, and in accordance with the following:

        1.     All school system employees and potential employees have the right to fair and
equitable treatment free of discrimination in an atmosphere that values individual
differences, assures confidentiality, and displays sensitivity.

      2.     A productive work environment provides a trusting, supportive climate that
encourages creativity in a safe setting and promotes wellness for all employees.

       3.     Effective internal and external communication is maintained through an
atmosphere of openness and trust supported by cooperative decision-making, open-
mindedness, positive working relationships, accurate recordkeeping, and utilization of the
best technology for efficient information services.

       4.     The School Board is dedicated to the maintenance of a comprehensive
compensation and benefits system that will allow it to attract, motivate, and retain qualified
employees at all levels of service, and, consistent with available fiscal and budgetary
resources, a system that is market competitive.

        To support this philosophy, the School Board enacts Appendix A of this policy manual to
give, in conjunction with the policies and regulations contained in this manual, further specificity
to procedures relating to personnel.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-295.

Cross Ref.:    2150    Staff Communications
               5030    Professional Ethics
               5040    Equal Employment Opportunity and Affirmative Action Plan
               5050    Title IX Education Amendments of 1972
               5060    Sexual Harassment
               5070    Employee Selection
               5360    Privacy Policy


[VSBA: GA]
                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5020


                     OBSERVANCE OF POLICIES AND REGULATIONS

       All employees are expected to know and shall be held responsible for observing federal
and state laws, and the School Board policies and regulations pertinent to their work activities.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-78.

Cross Ref.:   1190    Development of Policy
              1210    Adoption of Regulations


[VSBA: CH]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                            File: 5030


                                     PROFESSIONAL ETHICS

        All employees have the responsibility to maintain standards of exemplary professional
conduct and provide services that create a positive school environment. Employee duties,
responsibilities and personal judgment shall be consistent with School Board policies and
regulations. By accepting employment with Chesterfield County Public Schools, all employees
shall fulfill their individual responsibilities with respect, responsibility, honesty and accountability
and shall keep the well being of the students as their primary goal while maintaining the highest
standards of professional ethics.

        The Virginia General Assembly has enacted the State and Local Government Conflict of
Interests Act so that the standards of conduct for state and local government employees may be
uniform throughout the Commonwealth. The School Board recognizes the Act as the single
body of controlling law for which it has been enacted and endorses its intent, purpose, and
requirements.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 2.2-3100 et seq.

Cross Ref.:     1050   Conflict of Interests
                5010   Philosophy
                5350   Teachers’ Duties and Responsibilities


[VSBA: BBFA]




                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                          File: 5040


         EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION PLAN

        Chesterfield County Public Schools is firmly committed to prohibiting discrimination on
the basis of race, color, gender, age, religion, national origin or disability status throughout the
employment process, from selection through termination. Accordingly, the division will continue
to recruit, hire, train, and promote into all job levels the best-qualified persons without regard to
race, color, religion, gender, age, national origin, or disability status. Similarly, all other
personnel matters such as compensation, benefits, placement, transfers, layoffs, terminations,
and special programs will continue to be administered in accordance with School Board policy.

      In furtherance of this policy, the School Board directs the Superintendent and
appropriate staff to take affirmative action to:

              • See that all personnel decisions shall be based on merit and on the ability to
                perform the essential functions of the job with or without reasonable
                accommodation.

              • Ensure that at no time shall race, religion, national origin, political affiliation or
                other non-merit or non-job related factors be used to discriminate against position
                applicants. Gender or age may be disqualifying factors only where it can be
                demonstrated that they are bona fide occupational qualifications.

              • Appropriately publicize this policy and the affirmative action procedures.

              • Identify and expand upon recruitment sources to ensure the fullest pool of
                minority and women applicants for all job categories.

              • Establish a complaint procedure.

              • Take additional actions that will further the implementation of this policy.

        Procedures to be followed to further effectuate this policy are identified as affirmative
action procedures and are contained in Appendix A.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:      20 U.S.C. § 1681 et seq.
                 29 U.S.C. § 701.
                 42 U.S.C. §§ 6101 et seq., 200e-2 et seq., 12101 et seq.

Cross Ref.:      1011   Nondiscrimination
                 5050   Title IX Education Amendments of 1972
                 5060   Sexual Harassment
                 5070   Employee Selection

                 Appendix A, Section 2, EEO/Affirmative Action Plan
                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5050


                       TITLE IX EDUCATION AMENDMENTS OF 1972

       Any employee of the School Board who has been aggrieved by a violation of the Rules
and Regulations as set forth in Title IX of the Education Amendments of 1972, as amended,
Discrimination Based on Sex or Blindness (20 U.S.C. §§ 1681 et seq.), shall use the grievance
procedure which is prescribed by the State Board of Education and adopted by the School
Board.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   20 U.S.C. §§ 1681 et seq.

Cross Ref.:   5060          Sexual Harassment
              5150          Grievance Procedure
              5150-R        Procedure for Adjusting Grievances: Teachers


[VSBA: GB, GBA]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5060
                                                                                     Page 1 of 2


                                   SEXUAL HARASSMENT

       The division is committed to maintaining a learning/working environment free from
sexual harassment. It is prohibited for any employee, male or female, to harass another
employee or a student by making unwelcome sexual advances or requests for sexual favors, or
engaging in other verbal or physical conduct of a sexual nature when:

      1.     submission to or rejection of such conduct is used as a basis for employment or
academic decisions affecting the employee or student;

       2.     such conduct creates an intimidating, hostile or offensive working or learning
environment; or

        3.      submission to such conduct is made either explicitly or implicitly a term or
condition of the individual’s employment or participation in school programs.

        Any employee who believes that he or she has been subjected to sexual harassment
should file a complaint of the alleged act immediately to the Director of Human Resources. The
Director of Human Resources shall request that the complaint be in writing. Refusal to put the
complaint in writing shall not preclude an investigation of the complaint. The complaint should
state in detail the basis for the complaint, the names of the persons involved, and the dates of
any specific incidents. A thorough investigation of all reported incidents will be undertaken to
determine the nature and extent of any alleged sexual harassment. At any point in time that
there is a reasonable suspicion that child abuse has occurred, such shall be immediately
reported in accordance with applicable law and policy. At any point in time that there is
reasonable belief that a crime may have been committed, such shall be reported to the
appropriate law enforcement officers.

       Any employee with knowledge of the occurrence of sexual harassment shall notify the
Director of Human Resources. False charges of sexual harassment shall be treated as a
serious offense and any employee making false charges shall be subject to disciplinary action
appropriate to the offense ranging from a warning to discharge.

       If the complaint is against the Director of Human Resources, the complaint shall be filed
with the Assistant Superintendent for Human Resources and Administrative Services. If the
complaint is against the Assistant Superintendent for Human Resources and Administrative
Services, the complaint shall be filed with the Superintendent. If the complaint is against the
Superintendent, the complaint shall be filed with the Chairman of the School Board.

        The question of whether a particular action or incident is prohibited behavior requires a
determination based on all the available facts in the matter. A written report summarizing the
investigation and stating conclusions and recommendations shall be filed with the
Superintendent at the conclusion of all investigations of sexual harassment regardless of the
outcome of that investigation.

        Any administrator, teacher, or other employee who is found, after an investigation, to
have engaged in sexual harassment of another employee or student will be subject to
disciplinary action appropriate to the offense ranging from a warning to discharge.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                 File: 5060
                                                                                Page 2 of 2

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   20 U.S.C. §§ 1681-1688.
              29 U.S.C. § 794.
              42 U.S.C. §§ 2000d-2000d-7, 2000e-2000e-17.

              34 C.F.R. Part 106

Cross Ref.:   1011   Nondiscrimination
              5040   Equal Employment Opportunity and Affirmative Action Plan

              Appendix A, Section 2, EEO/Affirmative Action Plan
              Appendix A, Section 19, Discipline


[VSBA: GBA]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                   File: 5070


                                 EMPLOYEE SELECTION

       All employment shall be by action of the School Board upon recommendation of the
Superintendent, except that the Superintendent is authorized to employ substitutes and other
temporary employees.

       As vacancies occur, the Department of Human Resources will ensure that all eligible
applications are subjected to a screening process and will coordinate the interview process
with the respective hiring administrator. Offers of employment will be made by the Human
Resources Department conditioned upon School Board approval.

       Candidates not selected for specific positions will be notified in writing as soon as
practicable after an offer has been made and accepted.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-293.

Cross Ref.:   1020   Duties and Powers
              2030   Role and Duties of the Superintendent
              5120   Substitutes

              Appendix A, Section 5, Screening
              Appendix A, Section 6, Selection


[VSBA: GCD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5080


                                  HEALTH REQUIREMENTS

       Chesterfield County Public Schools has a vital interest in the health of its employees and
will develop various programs and/or procedures to foster a safe and healthful working
environment for its employees, students, and members of the public who may come in contact
with our employees.

        An applicant for a particular position or an employee may be required to undergo a
physical or mental examination when deemed necessary.

       All employees must submit evidence that they are free from communicable tuberculosis
in a manner prescribed by the Department of Human Resources.

       School bus drivers must have an annual physical examination.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-178, 22.1-300.

Cross Ref.:   5180    Blood Borne Contagious or Infectious Diseases
              5430    Omnibus Transportation Employee Testing Act

              Appendix A, Section 16, Blood Borne Contagious or Infectious Diseases


[VSBA: GBE]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5090


                                  CONTINUING CONTRACT

        The School Board will issue continuing contracts to teachers, principals, assistant
principals and certain supervisory personnel, as required by law. A person hired as a teacher
who has attained continuing contract status in another school division in the Commonwealth
shall serve a one-year probationary term and shall be issued an annual contract before attaining
continuing contract status in this division.

      For purposes of this policy, “teacher” means a person who is regularly employed full-
time as a teacher, visiting teacher, school social worker, guidance counselor, librarian,
psychologist, occupational therapist, or physical therapist.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-294, 22.1-302, 22.1-303, 22.1-304.

              8 VAC 20-440-10 et seq.

Cross Ref.:   2090    School Building Administration
              5070    Employee Selection

              Appendix A, Section 7, Contracts


[VSBA: GCB; GCG]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5100


                              REASSIGNMENT AND TRANSFER

        The Superintendent shall have the authority to reassign or transfer any teacher,
principal, assistant principal or other employee to any location or position within the division.
The Superintendent shall report any such reassignments or transfers to the School Board at its
next regularly scheduled meeting.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-293, 22.1-294, 22.1-297.

Cross Ref.:   2030    Role and Duties of the Superintendent
              5340    Employment of Family Members

              Appendix A, Section 13, Transfers


[VSBA: GCI; GCPD]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5110


                            SUPPLEMENTAL PAY ASSIGNMENT

         The School Board shall approve all categories of athletic coaching and extracurricular
activities for which supplements may be paid and shall establish a pay scale for such activities.
The building administrator is authorized to make supplemental pay assignments consistent with
the categories and pay scale approved by the School Board.

        A separate contract in a form prescribed by the State Board of Education shall be
executed with such employee who is receiving a monetary supplement for any athletic coaching
or extracurricular activity sponsorship assignment. This contract shall be separate and apart
from the contract for teaching.

       Termination of a separate contract for any athletic coaching or extracurricular activity
sponsorship assignment by either party thereto shall not constitute cause for termination of the
separate teaching contract of the coach or teacher.

       All such contracts shall require the party intending to terminate the coaching or
extracurricular activity sponsorship contract to give reasonable notice to the other party before
termination thereof shall become effective.

        For the purposes of this policy, "extracurricular activity sponsorship" means an
assignment for which a monetary supplement is received, requiring responsibility for any
student organizations, clubs, or groups, such as service clubs, academic clubs and teams,
cheerleading squads, student publication and literary groups, and visual and performing arts
organizations except those that are conducted in conjunction with regular classroom,
curriculum, or instructional programs.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-302.

              8 VAC 20-440-10.
              8 VAC 20-440-110.
              8 VAC 20-440-120.

Cross Ref.:   4070    Extracurricular Activities

              Appendix A, Section 23, Procedures for Payment of Athletic Supplement for Non-
              Exempt, Non-CCPS Employees


[VSBA: GCB; GCBB]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5120


                                        SUBSTITUTES

         The Superintendent or the Superintendent’s designee shall maintain a list of approved
substitute teachers from which principals shall secure substitutes under procedures established
for that purpose.

         Substitute teachers shall be at least 18 years old and hold a high school diploma or GED
certificate, and possess good moral character. The School Board shall seek to employ substitute
teachers who exceed these requirements.

       All prospective substitutes must attend an orientation/training session conducted by the
Department of Human Resources. Those holding certificates or with experience as regular
teachers should be given preference.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-302.

Cross Ref.:   5030    Professional Ethics
              5070    Employee Selection

              Appendix A, Section 10, Classifications of Employment


[VSBA: GCE]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5130


                            TUTORING AND OTHER ACTIVITIES

        No member of the staff shall receive compensation for professional services offered to
his or her pupils. No activity or project shall be promoted in the schools from which the staff
member will receive compensation or remuneration other than the salary as an employee of the
School Board. This shall not prevent a school from providing a list of tutors upon request. No
teacher shall recommend that a pupil be tutored without reporting that fact to the principal.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5140   Non-School Employment
              5350   Teachers’ Duties and Responsibilities


[VSBA: GCQAB]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5140


                               NON-SCHOOL EMPLOYMENT

         No employee shall accept employment in any private business or outside activity that
will, in the opinion of the Superintendent, negatively impact the employee's job performance or
otherwise adversely affect the division.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   1050   Conflict of Interests
              5030   Professional Ethics
              5130   Tutoring and Other Activities
              5170   Performance Evaluation


[VSBA: GCQA]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5150


                                GRIEVANCE PROCEDURE

       As authorized by state law, the State Board of Education has promulgated by regulation
the “Procedure for Adjusting Grievances.” The School Board directs that this Procedure be
implemented where applicable. Regulation 5150-R restates this Procedure. To the extent that,
from time to time, the “Procedure for Adjusting Grievances” is amended by the State Board of
Education or that provisions of the Procedure are superseded by changes in state law, such
amendments and changes shall control.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-253.13:7.C.8, and 22.1-306 et seq.

              8 VAC 20-90-10 et seq.

Cross Ref.:   2110          Line and Staff Relationships
              5150-R        Procedures for Adjusting Grievances: Teachers


[VSBA: GBM]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5150-R
                                                                                         Page 1 of 13


                PROCEDURES FOR ADJUSTING GRIEVANCES: TEACHERS

Part I Definitions

      The following words and terms, when used in this regulation, shall have the following
meaning, unless the context clearly indicates otherwise:

       “Business day” means any day that the relevant School Board office is open.

      “Days” means calendar days unless a different meaning is clearly expressed in this
procedure. Whenever any period of time fixed by this procedure shall expire on a Saturday,
Sunday, or legal holiday, the period of time for taking action under this procedure shall be
extended to the next day if it is not a Saturday, Sunday, or legal holiday.

       “Dismissal” means the dismissal of any teacher within the term of such teacher’s
contract and the nonrenewal of a contract of a teacher on a continuing contract.

          “Grievance” means, for the purpose of Part II Grievance       Procedure, a complaint or a
dispute by a teacher relating to his or her employment, including       but not necessarily limited to
the application or interpretation of personnel policies, rules, and     regulations, ordinances, and
statutes; acts of reprisal as a result of discrimination on the basis   of race, color, creed, political
affiliation, handicap, age, national origin, or sex.

         “Grievance” means, for the purpose of Part III Procedure for Dismissals or Placing on
Probation, a complaint or dispute involving a teacher relating to his or her employment involving
dismissal or placing on probation. The term grievance shall not include a complaint or dispute
by a teacher relating to the establishment and revision of wages or salaries, position
classification, or general benefits; suspension of a teacher or nonrenewal of the contract of a
teacher who has not achieved continuing contract status; the establishment or contents of
ordinances, statutes, or personnel policies, procedures, rules, and regulations; failure to
promote; or discharge, layoff, or suspension from duties because of decrease in enrollment,
decrease in a particular subject, abolition of a particular subject, insufficient funding; hiring,
transfer, assignment, and retention of teachers within the school division; suspension from
duties in emergencies; or the methods, means, and personnel by which the school division’s
operations are to be carried on. While these management rights are reserved to the School
Board, failure to apply, where applicable, these rules, regulations, policies, or procedures as
written or established by the School Board is grievable.

       “Personnel file” means, for the purpose of Part III Procedure for Dismissals or Placing on
Probation, any and all memoranda, entries, or other documents included in the teacher’s file as
maintained in the central school administration office or in any file regarding the teacher
maintained within a school in which the teacher serves.

        “Probation” means a period not to exceed one year during which time it shall be the duty
of the teacher to remedy those deficiencies, which gave rise to the probationary status.




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5150-R
                                                                                       Page 2 of 13

        “Teacher” or “teachers” means, for the purpose of Part II Grievance Procedure, all
employees of the school division involved in classroom instruction and all other full-time
employees of the school division except those employees classified as supervising employees.
“Teacher” means, for the purpose of Part III Procedure for Dismissals or Placing on Probation,
all regularly certified/licensed professional public school personnel employed under a written
contract as provided by Va. Code § 22.1-302 by any school division as a teacher or supervisor
of classroom teachers but excluding all superintendents.

        “Shall file”, “shall respond in writing”, or “shall serve written notice” means the document
is either delivered personally to the grievant or office of the proper School Board representative
or is mailed by registered or certified mail, return receipt requested, and postmarked within the
same time limits prescribed by this procedure.

        “Supervisory employee” means any person having authority in the interest of the School
Board (i) to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or
discipline other employees; and (ii) to direct other employees; or (iii) to adjust the grievance of
other employees; or (iv) to recommend any action set forth in clause (i), (ii), (iii) above; provided
that the authority to act as set forth in clause (i), (ii), (iii), or (iv) requires the exercise of
independent judgment and is not merely routine and clerical in nature.

        “Written grievance appeal” means a written or typed statement describing the event or
action complained of, or the date of the event or action, and a concise description of those
policies, procedures, regulations, ordinances, or statutes upon which the teacher bases his or
her claim. The grievant shall specify what he or she expects to obtain through use of the
grievance procedure. A statement shall be written upon forms prescribed by the State Board of
Education and supplied by the local School Board.

Part II Grievance Procedure

         Recognizing that grievances should be begun and settled promptly, a grievance must be
initiated within 15 business days following either the event giving rise to the grievance, or within
15 business days following the time when the employee knew or reasonably should have known
of its occurrence. Grievances shall be processed as follows:

        1.      Step 1 – Informal. The first step shall be an informal conference between the
teacher and his or her immediate supervisor (which may be the principal). The teacher shall
state the nature of the grievance, and the immediate supervisor shall attempt to adjust the
grievance. It is mandatory that the teacher present the grievance informally prior to proceeding
to Step 2.

        2.     Step 2 – Principal. If for any reason the grievance is not resolved informally in
Step 1 to the satisfaction of the teacher, the teacher must perfect his or her grievance by filing
said grievance in writing within 15 business days following the event giving rise to the grievance,
or within 15 business days following the time when the employee knew or reasonably should
have known of its occurrence, specifying on the form the specific relief sought. Regardless of
the outcome of Step 1, if a written grievance is not, without just cause, filed within the specified
time, the grievance will be barred.



                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5150-R
                                                                                     Page 3 of 13

        A meeting shall be held between the principal (or his or her designee, or both) and the
teacher (or his or her designee, or both) within five business days of the receipt by the principal
of the written grievance. At such meeting the teacher or other party involved, or both, shall be
entitled to present appropriate witnesses and to be accompanied by a representative other than
an attorney. The principal (or his or her designee, or both) shall respond in writing within five
business days following such a meeting.

         The principal may forward to the teacher within five days from the receipt of the written
grievance a written request for more specific information regarding the grievance. The teacher
shall file an answer thereto within ten business days, and the meeting must then be held within
five business days thereafter.

         3.     Step 3 – Superintendent. If the grievance is not settled to the teacher’s
satisfaction in Step 2, the teacher can proceed to Step 3 by filing a written notice of appeal with
the Superintendent, accompanied by the original grievance appeal form within five business
days after receipt of the Step 2 answer (or the due date of such answer). A meeting shall then
be held between the Superintendent (or his or her designee, or both) and the teacher (or his or
her designee, or both) at a mutually agreeable time within five business days. At such meeting
both the Superintendent and the teacher shall be entitled to present witnesses and to be
accompanied by a representative who may be an attorney. A representative may examine,
cross-examine, question, and present evidence on behalf of a grievant or the Superintendent
without violating the provisions of Va. Code § 54.1-3904. If no settlement can be reached in said
meeting, the Superintendent (or his or her designee) shall respond in writing within five business
days following such meeting. The Superintendent or his or her designee may make a written
request for more specific information from the teacher, but only if such was not requested in
Step 2. Such request shall be answered within ten business days, and the meeting shall be held
within five business days of the date on which the answer was received. If the grievance is not
resolved to the satisfaction of the teacher in Step 3, the teacher may elect to have a hearing by
a fact-finding panel as provided in Step 4, or after giving proper notice may request a decision
by the School Board pursuant to Step 5.

        4.     Step 4 – Fact Finding Panel. In the event the grievance is not settled upon
completion of Step 3, either the teacher or the School Board may elect to have a hearing by a
fact-finding panel prior to a decision by the School Board, as provided in Step 4. If the teacher
elects to proceed to Step 4, he or she must notify the Superintendent in writing of the intention
to request a fact-finding panel and enclose a copy of the original grievance form within five
business days after receipt of a Step 3 answer (or the due date of such answer). If the School
Board elects to proceed to a fact-finding panel, the Superintendent must serve written notice of
the Board’s intention upon the grievant with 15 business days after the answer provided by Step
3.

                a. Panel. Within five business days after the receipt by the division
Superintendent of the request for a fact-finding panel, the teacher and the division
Superintendent shall each select one panel member from among the employees of the school
division other than an individual involved in any previous phase of the grievance procedure as a
supervisor, witness, or representative. The two panel members so selected shall within five
business days of their selection select a third impartial panel member.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5150-R
                                                                                      Page 4 of 13

                 b.     Selection of Impartial Third Member. In the event that both panel
members are unable to agree upon a third panel member within five business days, both
members of the panel shall request the chief judge of the circuit court having jurisdiction of the
school division to furnish a list of five qualified and impartial individuals from which one
individual shall be selected by the two members of the panel to serve as the third member. The
individuals named by the chief judge may reside either within or outside the jurisdiction of the
circuit court, be residents of the Commonwealth of Virginia, and in all cases shall possess some
knowledge and expertise in public education and education law and shall be deemed by the
judge to be capable of presiding over an administrative hearing. Within five business days after
receipt by the two panel members of the list of fact finders nominated by the chief judge, the
panel members shall meet to select the third panel member. Selection shall be made by
alternately deleting names from the list until only one remains. The panel member selected by
the teacher shall make the first deletion. The third impartial panel member shall chair the panel.
No elected official shall serve as a panel member. Panel members shall not be parties to, or
witnesses to, the matter grieved. With the agreement of the teacher’s and division
Superintendent’s panel members, the impartial panel member shall have the authority to
conduct the hearing and make recommendations as set forth herein while acting as a hearing
officer.

The Attorney General shall represent personally or through one of his assistants any third
impartial panel member who shall be made a defendant in any civil action arising out of any
matter connected with his duties as a panel member. If, in the opinion of the Attorney General, it
is impracticable or uneconomical for such legal representation to be rendered by him or one of
his assistants, he may employ special counsel for this purpose, whose compensation shall be
fixed by the Attorney General and be paid out of the funds appropriated for the administration of
the Department of Education.

               c.      Holding of Hearing. The hearing shall be held by the panel within 30
business days from the date of the selection of the final panel member. The panel shall set the
date, place, and time for the hearing and shall so notify the division Superintendent and the
teacher. The teacher and the division Superintendent may each have present at the hearing and
be represented at all stages by a representative or legal counsel.

               d.      Procedure for Fact-Finding Panel.

                      (1)     The panel shall determine the propriety of attendance at the
hearing of persons not having a direct interest in the hearing, provided that, at the request of the
teacher, the hearing shall be private.

                      (2)    The panel may ask, at the beginning of the hearing, for statements
from the division Superintendent and the teacher clarifying the issues involved.

                        (3)    The parties shall then present their claims and evidence.
Witnesses may be questioned by the panel members, the teacher and the division
Superintendent. The panel may, at its discretion, vary this procedure, but shall afford full and
equal opportunity to all parties to present any material or relevant evidence and shall afford the
parties the right of cross-examination.



                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5150-R
                                                                                    Page 5 of 13

                      (4)     The parties shall produce such additional evidence, as the panel
may deem necessary to an understanding and determination of the dispute. The panel shall be
the judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the
presence of the panel and of the parties.

                     (5)     Exhibits offered by the teacher or the division Superintendent may
be received in evidence by the panel and, when so received, shall be marked and made a part
of the record.

                       (6)     The facts found and recommendations made by the panel shall be
arrived at by a majority vote of the panel members.

                      (7)    The hearing may be reopened by the panel, on its own motion or
upon application of the teacher or the division Superintendent, for good cause shown to hear
after-discovered evidence at any time before the panel’s report is made.

                       (8)    The panel shall make a written report, which shall include its
findings of fact and recommendations and shall file it with the members of the School Board, the
division Superintendent, and the teacher, not later than 30 business days after the completion of
the hearing.

                       (9)    A stenographic record or tape recording of the proceedings shall
be taken. However, in proceedings concerning grievances not related to dismissal or probation,
the recording may be dispensed with entirely by mutual consent of the parties. In such
proceedings, if the recording is not dispensed with, the two parties shall share equally the cost
of the recording. If either party requests a transcript, that party shall bear the expense of its
preparation.

In cases of dismissal or probation, a record or recording of the proceedings shall be made and
preserved for a period of six months. If either the teacher or the School Board requests that a
transcript of the record or recording be made at any time prior to expiration of the six-month
period, it shall be made and copies shall be furnished to both parties. The School Board shall
bear the expense of the recording and the transcription.

                    (10) The recommendation and findings of fact of the panel submitted to
the School Board shall be based exclusively upon the evidence presented to the panel at the
hearing. No panel member shall conduct an independent investigation involving the matter
grieved.

               e.     Expenses.

                      (1)   The teacher shall bear his or her own expenses. The School
Board shall bear the expenses of the division Superintendent. The expenses of the panel shall
be borne one-half by the School Board and one-half by the teacher.

                     (2)     The parties shall set the per diem rate of the panel. If the parties
are unable to agree on the per diem, it shall be fixed by the chief judge of the circuit court. No
employee of the school division shall receive such per diem for service on a panel during his or
her normal business hours if he receives his normal salary for the period of such service.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5150-R
                                                                                     Page 6 of 13

                      (3)    Witnesses who are employees of the School Board shall be
granted release time if the hearing is held during the school day. The hearing shall be held at
the school in which most witnesses work, if feasible.

               f.       Right to Further Hearings. Following a hearing by a fact-finding panel, the
teacher shall not have a right to a further hearing by the School Board as provided in
subdivision 5c. of this section. The School Board shall have the right to require a further hearing
in any grievance proceeding as provided in subdivision 5c.of this section.

       5.      Step 5 – Decision by the School Board.

                a.     If a teacher elects to proceed directly to a determination before the
School Board as provided for in Step 5, he or she must notify the Superintendent in writing of
the intention to appeal directly to the School Board, of the grievance alleged and the relief
sought, within five business days after receipt of the answer as required in Step 3 or the due
date thereof. Upon receipt of such notice, the School Board may elect to have a hearing before
a fact-finding panel, as indicated in Step 4, by filing a written notice of such intention with the
teacher within 10 business days of the deadline for the teacher’s request for a determination by
the School Board.

               b.      In the case of a hearing before a fact-finding panel, the School Board
shall give the grievant its written decision within 30 days after the School Board receives both
the transcript of such hearing, if any, and the panel’s findings of fact and recommendations
unless the School Board proceeds to a hearing under subdivision 5c. The decision of the School
Board shall be reached after considering the transcript, if any; the findings of fact and
recommendations of the panel; and such further evidence as the School Board may receive at
any further hearing, which the School Board elects to conduct.

             c.     In any case in which a hearing before a fact-finding panel is held in
accordance with Step 4, the School Board may conduct a further hearing before such School
Board.

                        (1)    The School Board shall initiate such hearing by sending written
notice of its intention to the teacher and the division Superintendent within 10 days after the
receipt by the School Board of the findings of fact and recommendations of the fact-finding
panel and any transcript of the panel hearing. Such notice shall be provided upon forms to be
prescribed by the State Board of Education and shall specify each matter to be inquired into by
the School Board.

                        (2)    In any case where such further hearing is held by a School Board
after a hearing before the fact-finding panel, the School Board shall consider at such further
hearing the transcript, if any; the findings and recommendations of the fact-finding panel; and
such further evidence including, but not limited to, the testimony of those witnesses who have
previously testified before the fact-finding panel as the School Board deems may be appropriate
or as may be offered on behalf of the grievant or the administration.

                        (3)    The further hearing before the School Board shall be set within 30
days of the initiation of such hearing, and the teacher must be given at least 15 days written
notice of the date, place, and time of the hearing. The teacher and the division Superintendent

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5150-R
                                                                                     Page 7 of 13

may be represented by legal counsel or other representatives. The hearing before the School
Board shall be private, unless the teacher requests a public hearing. The School Board shall
establish the rules for the conduct of any hearing before it. Such rules shall include the
opportunity for the teacher and the division Superintendent to make an opening statement and
to present all material or relevant evidence, including testimony of witnesses and the right of all
parties or their representatives to cross-examine the witnesses. Witnesses may be questioned
by the School Board.

The School Board’s attorney, assistants, or representative, if he, she or they represented a
participant in the prior proceedings, the grievant, the grievant’s attorney, or representative and,
notwithstanding the provision of Va. Code § 22.1-69, the Superintendent shall be excluded from
any executive session of the School Board which has as its purpose reaching a decision on a
grievance. However, immediately after a decision has been made and publicly announced, as in
favor of or not in favor of the grievant, the School Board’s attorney or representative and the
Superintendent may join the School Board in executive session to assist in the writing of the
decision.

A stenographic record or tape recording of the proceedings shall be taken. However, in
proceedings concerning grievances not related to dismissal or probation, the recording may be
dispensed with entirely by mutual consent of the parties. In such proceedings, if the recording is
not dispensed with, the two parties shall share the cost of the recording equally; if either party
requests a transcript, that party shall bear the expense of its preparation.

In the case of dismissal or probation, a record or recording of the proceedings shall be made
and preserved for a period of six months. If either the teacher or the School Board requests that
a transcript of the record or recording be made at any time prior to the expiration of the six-
month period, it shall be made and copies shall be furnished to both parties. The School Board
shall bear the expense of the recording and the transcription.

                        (4)     The decision of the School Board shall be based solely on the
transcript, if any; the findings of fact and recommendations of the fact-finding panel; and any
evidence relevant to the issues of the original grievance produced at the School Board hearing
in the presence of each party. The School Board shall give the grievant its written decision
within 30 days after the completion of the hearing before the School Board. In the event the
School Board’s decision is at variance with the recommendation of the fact-finding panel, the
School Board’s written decision shall include the rationale for the decision.

               d.     In any case where a hearing before a fact-finding panel is not held, the
School Board may hold a separate hearing or may make its determination on the basis of the
written evidence presented by the teacher and the recommendation of the Superintendent.

             e.    The School Board shall retain its exclusive final authority over matters
concerning employment and the supervision of its personnel.

Grievability

A.     Initial Determination of Grievability.



                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5150-R
                                                                                     Page 8 of 13

        Decisions regarding whether a matter is grievable shall be made by the School Board at
the request of the division Superintendent or grievant. The School Board shall reach its decision
only after allowing the division Superintendent and the grievant opportunity to present written or
oral arguments regarding grievability. The decision as to whether the arguments shall be written
or oral shall be at the discretion of the School Board. Decisions shall be made within 10
business days of such request. Such determination of grievability shall be made subsequent to
the reduction of the grievance to writing but prior to any panel or School Board hearing or the
right to such determination shall be deemed to have been waived. Failure of the School Board
to make such determination within such a prescribed 10 business day period shall entitle the
grievant to advance to the next step as if the matter were grievable.

B.     Appeal of Determination on Grievability.

         1.      Decisions of the School Board may be appealed to the circuit court having
jurisdiction in the school division for a hearing on the issue of grievability.

                 a.     Proceedings for a review of the decision of the School Board shall be
instituted by filing a notice of appeal with the School Board within 10 business days after the
date of the decision and giving a copy thereof to all other parties.

                b.      Within 10 business days thereafter, the School Board shall transmit to the
clerk of the court to which the appeal is taken a copy of its decision, a copy of the notice of
appeal, and the exhibits. The failure of the School Board to transmit the record within the time
allowed shall not prejudice the rights of the grievant. The court, on motion of the grievant, may
issue a writ of certiorari requiring the School Board to transmit the record on or before a certain
date.

                c.      Within 10 business days of receipt by the clerk of such record, the court,
sitting without a jury, shall hear the appeal on the record transmitted by the School Board and
such additional evidence as may be necessary to resolve any controversy as to the correctness
of the record. The court, in its discretion, may receive such other evidence as the ends of justice
require.

               d.     The court may affirm the decision of the School Board or may reverse or
modify the decision. The decision of the court shall be rendered not later than 15 days from the
date of the conclusion of the court’s hearing.

Part III Procedure for Dismissals or Placing on Probation

A.     Notice to Teacher of Recommendation for Dismissal or Placing on Probation.

       1.      In the event a division Superintendent determines to recommend dismissal of
any teacher or the placing on probation of a teacher on continuing contract, written notice shall
be sent to the teacher on forms to be prescribed by the State Board of Education notifying him
or her of the proposed dismissal, or placing on probation and informing the teacher that within
15 days after receiving the notice, the teacher may request a hearing before the School Board
or before a fact-finding panel as hereinafter set forth.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5150-R
                                                                                        Page 9 of 13

        2.      During such 15-day period and thereafter until a hearing is held in accordance
with the provisions herein, if one is requested by the teacher, the merits of the recommendation
of the division Superintendent shall not be considered, discussed, or acted upon by the School
Board except as provided for herein.

        3.     At the request of the teacher, the Superintendent shall provide the reasons for
the recommendation in writing or, if the teacher prefers, in a personal interview. In the event a
teacher requests a hearing pursuant to Va. Code §§ 22.1-311 or 22.1-312, the division
Superintendent shall provide, within 10 days of the request, the teacher or his representative
with the opportunity to inspect and copy his personnel file and all other documents relied upon
in reaching the decision to recommend dismissal or probation. Within 10 days of the request of
the division Superintendent, the teacher or his representative, shall provide the division
Superintendent with the opportunity to inspect and copy the documents to be offered in rebuttal
to the decision to recommend dismissal or probation. The division Superintendent and the
teacher or his representative shall be under a continuing duty to disclose and produce any
additional documents identified later that may be used in the respective parties’ cases-in-chief.
The cost of copying such documents shall be paid by the requesting party.

B.     Fact-Finding Panel.

        Within 15 days after the teacher receives the notice referred to in Section A.1. of this
section, either the teacher or the School Board, by written notice to the other party upon a form
to be prescribed by the State Board of Education, may elect to have a hearing before a fact-
finding panel prior to any decision by the School Board.

         1.      Panel. Within five business days after the receipt by the division Superintendent
of the request for a fact-finding panel, the teacher and the division Superintendent shall each
select one panel member from among the employees of the school division other than an
individual involved in the recommendation of dismissal or placing on probation as a supervisor,
witness, or representative. The two panel members so selected shall within five business days
of their selection select a third impartial panel member.

         2.      Selection of Impartial Third Member. In the event that both panel members are
unable to agree upon a third panel member within five business days, both members of the
panel shall request the chief judge of the circuit court having jurisdiction of the school division to
furnish a list of five qualified and impartial individuals from which one individual shall be selected
by the two members of the panel to serve as the third member. The individuals named by the
chief judge may reside either within or outside the jurisdiction of the circuit court, be residents of
the Commonwealth of Virginia, and in all cases shall possess some knowledge and expertise in
public education and education law and shall be deemed by the judge to be capable of
presiding over an administrative hearing. Within five business days after receipt by the two
panel members of the list of fact finders nominated by the chief judge, the panel members shall
meet to select the third panel member. Selection shall be made by alternately deleting names
from the list until only one remains. The panel member selected by the teacher shall make the
first deletion. The third impartial panel member shall chair the panel. No elected official shall
serve as a panel member. Panel members shall not be parties to, or witnesses to, the matter
grieved. With the agreement of the teacher’s and division Superintendent’s panel members, the
impartial panel member shall have the authority to conduct the hearing and make
recommendations as set forth herein while acting as a hearing officer.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5150-R
                                                                                      Page 10 of 13

The Attorney General shall represent personally or through one of his assistants any third
impartial panel member who shall be made a defendant in any civil action arising out of any
matter connected with his duties as a penal member. If, in the opinion of the Attorney General, it
is impracticable or uneconomical for such legal representation to be rendered by him or one of
his assistants, he may employ special counsel for this purpose, whose compensation shall be
fixed by the Attorney General and be paid out of the funds appropriated for the administration of
the State Department of Education.

       3.     Holding of Hearing. The hearing shall be held by the panel within 30 calendar
days from the date of the selection of the final panel member. The panel shall set the date,
place, and time for the hearing and shall so notify the division Superintendent and the teacher.
The teacher and the division Superintendent may each have present at the hearing and be
represented at all stages by legal counsel or another representative.

       4.      Procedure for Fact-Finding Panel.

              a.       The panel shall determine the propriety of attendance at the hearing of
persons not having a direct interest in the hearing, provided that, at the request of the teacher,
the hearing shall be private.

              b.     The panel may ask, at the beginning of the hearing, for statements from
the division Superintendent and the teacher (or their representative) clarifying the issues
involved.

                 c.     The parties shall then present their claims and evidence. Witnesses may
be questioned by the panel members, the teacher and the division Superintendent. However,
the panel may, at its discretion, vary this procedure but shall afford full and equal opportunity to
all parties for presentation of any material or relevant evidence and shall afford the parties of the
right of cross-examination.

              d.      The parties shall produce such additional evidence as the panel may
deem necessary to an understanding and determination of the dispute. The panel shall be the
judge of relevancy and materiality of the evidence offered. All evidence shall be taken in the
presence of the panel and the parties.

               e.    Exhibits offered by the teacher or the division Superintendent may be
received in evidence by the panel and, when so received, shall be marked and made a part of
the record.

                f.     The facts found and recommendations made by the panel shall be arrived
at by a majority vote of the panel members.

              g.     The recommendations and findings of fact of the panel shall be based
exclusively upon the evidence presented to the panel at the hearing. No panel member shall
conduct an independent investigation involving the matter grieved.

             h.      The hearing may be reopened by the panel at any time before the panel’s
report is made upon its own motion or upon application of the teacher or the division
Superintendent for good cause shown to hear after-discovered evidence.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5150-R
                                                                                      Page 11 of 13

              i.     The panel shall make a written report, which shall include its findings of
fact and recommendations and shall file it with the members of the School Board, the division
Superintendent, and the teacher, not later than 30 days after the completion of the hearing.

                 j.      A stenographic record or tape recording of the proceedings shall be
taken. However, in proceedings concerning grievances not related to dismissal or probation, the
recording may be dispensed with entirely by mutual consent of the parties. In such proceedings,
if the recording is not dispensed with, the two parties shall share the cost of the recording
equally; if either party requests a transcript, the party shall bear the expenses of its preparation.

In cases of dismissal or probation, a record or recording of the proceedings shall be made and
preserved for a period of six months. If either the teacher or the School Board requests that a
transcript of the record or recording be made at any time prior to expiration of the six-month
period, it shall be made and copies shall be furnished to both parties. The School Board shall
bear the expense of the recording and the transcription.

       5.      Expenses.

               a.    The teacher shall bear his or her own expenses. The School Board shall
bear the expenses of the division Superintendent. The expenses of the panel shall be borne
one-half by the School Board and one-half by the teacher.

              b.     The parties shall set the per diem rate of the panel. If the parties are
unable to agree on the per diem, it shall be fixed by the chief judge of the circuit court. No
employee of the school division shall receive such per diem for service on a panel during his or
her normal business hours if he or she receives his normal salary for the period of such service.

        6.      Right to Further Hearing. If the School Board elects to have a hearing by a fact-
finding panel on the dismissal or placing on probation of a teacher, the teacher shall have the
right to a further hearing by the School Board as provided in subsection C. of this section. The
School Board shall have the right to require a further hearing as provided in subsection C. also.

       7.       Witnesses. Witnesses who are employees of the School Board shall be granted
release time if the hearing is held during the school day. The hearing shall be held at the school
in which most witnesses work, if feasible.

C.     Hearing by School Board

        1.      After receipt of the notice of pending dismissal or placing on probation described
in subdivision A.1. of this section, the teacher may request a hearing before the School Board
by delivering written notice to the division Superintendent within 15 days from the receipt of
notice from the Superintendent. Subsequent to the hearing by a fact-finding panel under
subdivision B. of this section, the teacher, as permitted by subdivision B.6.of this section, or the
School Board may request a School Board hearing by written notice to the opposing party and
the division Superintendent within 10 business days after the receipt by the party initiating such
hearing of the findings of fact and recommendations made by the fact-finding panel and the
transcript of the panel hearing. Such notice shall be provided upon a form to be prescribed by
the State Board of Education and shall specify each matter to be inquired into by the School
Board.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5150-R
                                                                                   Page 12 of 13

        2.       In any case in which a further hearing is held by a School Board after a hearing
before the fact-finding panel, the School Board shall consider at such further hearing the record,
or transcript, if any, the findings of fact and recommendations made by the fact-finding panel
and such further evidence, including, but not limited to, the testimony of those witnesses who
have previously testified before the fact-finding panel as the School Board deems may be
appropriate or as may be offered on behalf of the teacher or the Superintendent.

        3.      The School Board hearing shall be set and conducted within 30 days of the
receipt of the teacher’s notice or the giving by the School Board of its notice. The teacher shall
be given at least 15 days written notice of the date, place and time of the hearing and such
notice shall also be provided to the division Superintendent.

       4.      The teacher and the division Superintendent may be represented by legal
counsel or other representatives. The hearing before the School Board shall be private, unless
the teacher requests a public hearing. The School Board shall establish the rules for the
conduct of any hearing before it, and such rules shall include the opportunity for the teacher and
the division Superintendent to make an opening statement and to present all material or
relevant evidence including the testimony of witnesses and the right of all parties to cross-
examine the witnesses. Witnesses may be questioned by the School Board. The School Board
may hear a recommendation for dismissal and make a determination whether to make a
recommendation to the State Board of Education regarding the teacher’s license at the same
hearing or hold a separate hearing for each action.

       5.      A record or recording of the proceedings shall be made and preserved for a
period of six months. If either the teacher or the School Board requests that a transcript of the
record or recording be made at any time prior to expiration of the six-month period, it shall be
made and copies shall be furnished to both parties. The School Board shall bear the expense of
the recording and the transcription.

       6.     The School Board shall give the teacher its written decision within 30 days after
the completion of the hearing before the School Board.

        7.     The decision by the School Board shall be based on the transcript, the findings of
fact and recommendations made by the fact-finding panel, and any evidence relevant to the
issues of the original grievance produced at the School Board hearing in the presence of each
party. The School Board’s attorney, assistants, or representative, if he, she or they represented
a participant in the prior proceedings, the grievant, the grievant’s attorney, or representative
and, notwithstanding the provision of Va. Code § 22.1-69, the Superintendent shall be excluded
from any executive session of the School Board which has as its purpose reaching a decision
on a grievance. However, immediately after a decision has been made and publicly announced,
as in favor of or not in favor of the grievant, the School Board’s attorney or representative and
the Superintendent may join the School Board in executive session to assist in the writing of the
decision.

D.     School Board Determination.

       1.       In any case in which a hearing is held before a fact-finding panel but no further
hearing before the School Board is requested by either party, the School Board shall give the
teacher its written decision within 30 days after the School Board receives both the transcript of

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5150-R
                                                                                    Page 13 of 13

such hearing and the panel’s findings of fact and recommendations. The decision of the School
Board shall be reached after considering the transcript, the findings of fact, and the
recommendations made by the panel.

        2.      The School Board may dismiss, suspend, or place on probation a teacher upon a
majority vote of a quorum of the School Board. In the event the School Board’s decision is at
variance with the recommendations of the fact-finding panel, the School Board shall be required
to conduct an additional hearing, which shall be public unless the teacher requests a private
one. However, if the fact-finding hearing was held in private, the additional hearing shall be held
in private. The hearing shall be conducted by the School Board pursuant to subdivisions C.1.
and 2. of the section, except that the grievant and the division Superintendent shall be allowed
to appear, to be represented, and to give testimony. However, the additional hearing shall not
include examination and cross-examination of any other witnesses. The School Board’s written
decision shall include the rationale for the decisions.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-253.13:7.C.8, and 22.1-306 et seq.

               8 VAC 20-90-10 et seq.

Cross Ref.:    1180   School Board Attorney, Legal Actions
               5150   Grievance Procedure


[VSBA: GBM]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5160


                                        PROMOTION

       The School Board directs the Superintendent to establish and maintain written
procedures, in addition to those contained in Appendix A herein, for the discovery of suitable
candidates for promotion, for the thorough study and appraisal of such persons, and for the
development of their potentialities. In making promotions, the Superintendent shall give due
consideration to current employees.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-293, 22.1-295, 22.1-297.

Cross Ref.:   2030   Duties and Role of the Superintendent
              5340   Employment of Family Members

              Appendix A, Section 3, Vacancy Announcements
              Appendix A, Section 5, Screening


[VSBA: GCI]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5170


                               PERFORMANCE EVALUATION

        The School Board adopts for use by the Superintendent clearly defined criteria, as
contained in Appendix A herein, for a performance evaluation process for teachers, principals,
assistant principals, support staff, and supervisors that are, where applicable, consistent with
the performance objectives set forth in the “Guidelines for Uniform Performance Standards and
Evaluation Criteria for Teachers, Administrators, and Superintendents," as provided in Va. Code
§ 22.1-253.13:5 and that includes, but is not limited to, an assessment of skills and knowledge;
student academic progress and school gains in student learning; and effectiveness in
addressing school safety and enforcing student discipline. Where appropriate under the
circumstances, the Superintendent shall implement such performance evaluation process in
making employment recommendations to the School Board to include assignment, promotion,
transfer, and dismissal, pursuant to Va. Code § 22.1-293.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-253:13:5, 22.1-293, 22.1-294, 22.1-
              295.

              State Board of Education Guidelines for Uniform Performance Standards and
              Evaluation Criteria for Teachers, Administrators and Superintendents (January
              2000)

Cross Ref.:   2030    Role and Duties of the Superintendent
              2090    School Building Administration
              5100    Reassignment and Transfer
              5160    Promotion
              5350    Teachers’ Duties and Responsibilities

              Appendix A, Section 20, Performance Evaluation


[VSBA: GCM; GCN]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5180


                BLOOD BORNE CONTAGIOUS OR INFECTIOUS DISEASES

        The attendance at work of employees who suffer from blood borne diseases which are
infectious or contagious, such as acquired immune deficiency syndrome (AIDS) and Hepatitis B,
and which may be transmitted by the exchange of body secretions, shall be determined by the
Superintendent on a case-by-case basis. The Superintendent shall obtain the advice of the
Public Health Director to assist him/her in making his or her determination. The employee may
be excluded from work pending the Superintendent's decision. Procedures to be followed to
effectuate this policy are contained in Appendix A.


Approved:   December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-271.3, 32.1-45.1.

Cross Ref:    5080   Health Requirements

              Appendix A, Section 16, Blood Borne Contagious or Infectious Diseases


[VSBA: EBAB, JHCCA]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5190


              STUDENT TEACHING, PRACTICA, EXTERNSHIP, FIELD WORK

         The School Board encourages building administrators and/or department heads to
cooperate with approved institutions of higher education in the placement of their students in
student teaching, practicum, externship, or other field work. A student enrolled in an approved
institution of higher education may take his/her student teaching, practicum, externship or other
field work in an appropriate division school upon the approval of the Superintendent and
provided that the progress of the students in any class is not adversely affected. Teachers and
building administrators shall direct and monitor, respectively, student teachers to insure that
they adhere to the division’s core values and ethical responsibilities as they enhance classroom
learning.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-302.

Cross Ref.:   2090    School Building Administration
              5010    Philosophy
              5030    Professional Ethics
              5350    Teachers’ Duties and Responsibilities


[VSBA: GCE; LEA]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5210
                                                                                       Page 1 of 4

                            SUPPLEMENTAL RETIREMENT PROGRAM

A.       Generally

        The Supplemental Retirement Program (SRP) is a retention incentive plan designed to
provide a supplemental retirement income for a long-term employee. The program allows an
employee to be employed on a temporary, part-time basis in the same or equivalent assignment
for the required period as defined in Section D. Payment for the SRP obligation is made
through the semi-monthly payroll schedule during the first year and monthly through a trust fund
for the remaining payout period. The trust fund has been established to comply with IRS
regulations and Government Accounting Standards Board (GASB) requirements.

        A participant in the SRP is required to retire from full-time employment status. An SRP
participant is in a special classification of temporary, part-time employees and is ineligible for
benefits provided to full-time employees. He or she is eligible for benefits for retirees, as
specified in School Board Policy 5320.

B.       Eligibility Requirements for SRP

        An employee must meet the following eligibility requirements in order to be considered
for participation in the program. He or she must:

     •   Retire from a full-time Virginia Retirement System (VRS) covered position with
         Chesterfield County Public Schools (CCPS).

     •   Have at least ten full-time years employment by CCPS, including the five years
         immediately preceding retirement.

     •   Have at least 20 years in VRS or related experience as granted by CCPS.

     •   Be at least age 50.

     •   Not be eligible for disability retirement.

       In the event that an employee’s participating in the SRP is a direct result of a termination
due to a reorganization that was approved by the School Board, the employee must have
completed at least five years of employment by the division immediately prior to retirement.

C.       Application Procedures

        An employee who wishes to participate in the SRP must apply through the Office of
Compensation and Benefits a minimum of 90 days prior to the anticipated date of retirement.
Failure to apply a minimum of 90 days in advance may result in a delay in approval of the
application and receipt of benefits. Failure to apply for retirement from the VRS in advance will
also result in a delay in receipt of those benefits.




                           CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5210
                                                                                       Page 2 of 4

D.     Requirements

       The following requirements shall apply:

       1.    Participation is subject to the approval of the Superintendent or the
Superintendent’s designee.

      2.      A participant will provide temporary, part-time services in the same or equivalent
assignment for the required work period.

        3.      Participation in this plan should cause as little disruption to the instructional
program as possible. All employees choosing to participate in the SRP must retire from the VRS
as of July 1 of a given year.

        4.      At the direction of the Superintendent, the participant may be required to work in
an approved equivalent temporary, part-time assignment compatible with the participant’s
training, experience, qualifications and previous position.

        5.     Payments during the period of SRP service are made through the CCPS payroll
system on a semi-monthly basis; payments in subsequent years will be made monthly from the
trust fund. A minimum monthly payment of $50 is required.

       6.     A participant shall be required to fulfill all work assignments and obligations
associated with the temporary, part-time assignment and work the time period required prior to
the end of the fiscal year. A maximum of one day per month during the required work period
may be granted for unforeseen emergencies. Participants will not be compensated for any days
remaining unused at the end of the required work period.

       7.      A participant shall be required to meet satisfactory performance standards.

       8.      A participant shall be accountable to the supervisor, building, or departmental
administrator in all ways applicable to active employees.

        9.      A participant shall be given no credit for days beyond those worked nor for which
the participant is ineligible.

         10.    In the event of a disability preventing completion of the required time period, the
participant shall be paid for days worked. Days worked will be paid at the daily rate of salary
prior to retirement.

       11.    In the event of death, the beneficiary or the estate of the participant shall be paid
for days worked. Days worked will be paid at the daily rate of salary prior to retirement.

       12.    A participant failing to comply with these requirements will be subject to exclusion
from the program.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5210
                                                                                      Page 3 of 4

        13.   Notwithstanding the above, and effective June 1, 2005, in the event that a
participant does not complete the service required due to the participant’s documented
temporary medical condition, the work period under which the service required may be
completed shall be extended for a period ending not later than the last day of the calendar year
during which the required service was to have been completed. The sufficiency of such
documentation of temporary medical condition shall be determined by the Superintendent at the
Superintendent’s sole discretion.

E.     Formula

       Annual pay = 175% of the final salary divided by the number of years chosen to receive
       the SRP benefit. The minimum payout is five years. Participants may request a longer
       payout.

F.     Break in Service

         All SRP participants are required to have a 30-day break in service prior to beginning
their work requirements through the SRP program. During the break in service, SRP
participants are not allowed to work. Failure to comply with the break in service requirement will
result in termination of the retiree’s SRP benefit.

       The break in service requirement for each contract length is listed below:

       10-month employees: September
       11-month employees: August
       12-month employees: July

G.     Work Period

       10-month employees            all student instructional days from October through June.
                                     No overtime, non-contractual assignments or supplements
                                     allowed during SRP.

       11-month employees            all student instructional days as well as any work days in
                                     September prior to the beginning of school year. No
                                     overtime, non-contractual assignments or supplements
                                     allowed during SRP.

       12-month employees            August through June. 12-month SRP participants will not
                                     work the week of Spring Break. A maximum of 8 hours per
                                     day during the four-day workweek in the summer months.
                                     No overtime, non-contractual assignments or supplements
                                     allowed during SRP.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                       File: 5210
                                                                      Page 4 of 4


Legal Ref.:   Code of Virginia, as amended, §§ 51.124.1 et seq.

Cross Ref.:   5320   Health and Dental Care Benefits
              5340   Employment of Family Members

              Appendix A, Section 10, Classifications of Employment


[VSBA: GBO, GBR]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5220
                                                                                 Page 1 of 2


                  VACATION LEAVE FOR TWELVE-MONTH EMPLOYEES

A.     Rate of Accumulation

        1.    A twelve-month full-time employee shall earn and accumulate vacation in the
following manner:

             a.    From zero through ten years job-related experience as granted at time of
employment: 1¼ days per month and one bonus day which will be credited on June 30.
Maximum accumulation shall be 288 hours.

             b.    More than ten years job-related experience as granted at time of
employment: 1½ days per month and two bonus days which will be credited on June 30.
Maximum accumulation shall be 360 hours.

               c.     An employee moving from 1¼ days to 1½ days per month will be credited
according to the ten-year anniversary of his or her leave plan date.

        2.     A permanent part-time, twelve-month employee who works 50% or more of a
specified contract period shall earn and accumulate vacation proportionally.

B.     Maximum Accumulation

       On October 1 of each year, vacation leave, including accumulation for bonus days, will
be reduced to the maximum accumulation allowed.

       The Superintendent or the Superintendent’s designee may approve up to six months
extension of the above October 1 date, providing unusual workload conditions or emergency
circumstances existed which prevented the employee from using excess vacation prior to
October 1.

C.     Change in Status

        An employee who moves from a twelve-month contract to one with fewer days may
convert accumulated vacation days to personal leave days; likewise, an employee who moves
to a twelve-month work assignment may convert personal leave to vacation days.

D.     Payment for Accumulated Leave

       An employee who resigns or retires shall be paid for accumulated vacation or personal
leave not exceeding the maximum permissible accumulation set forth above. Prior written
approval by the Superintendent must be obtained before such employee may use accumulated
vacation leave in lieu of receiving payment thereof.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                          File: 5220
                                                                         Page 2 of 2

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5240   Personal Leave


[VSBA: GCBC, GCBD, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5221


                                         HOLIDAYS

      The division observes certain days in the calendar year as holidays for full-time
employees. Holidays for full-time employees will be as scheduled in the annual school calendar.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   2030   Role and Duties of the Superintendent

              Appendix A, Section 14, Holidays


[VSBA: GCBD, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5230
                                                                                    Page 1 of 4


                                          SICK LEAVE

A.     Eligibility

       The following employees can earn sick leave:

       1.       A full-time employee.

      2.      A permanent part-time employee in the Departments of Food Services,
Transportation, and Facilities.

       3.      Any other part-time employee who works 50% or more of a specified contract
period except summer session, evening school, or substitute employees.

B.     Accumulation of Sick Leave

       Sick leave shall be credited in the following manner:

      1.    A full-time employee shall earn leave at the rate of one day for each month of
employment.

       2.      A permanent part-time employee earns sick leave in proportion to the length of
the contract day.

       3.      Any other part-time employee who works 50% or more of a specified contract
period shall earn sick leave at the rate of one-half day per month of employment.

       4.    Sick leave may be accumulated without limit. The following schedule is used to
compute sick leave accumulations for the initial calendar month in which the employee is
appointed.

                a.     An employee hired on or before the 10th of the month, one sick leave day
is earned.

                b.     An employee hired between the 11th through the 20th of the month, one-
half day is earned.

                c.     An employee hired on or after the 21st of the month, no sick leave day is
earned.

       5.     In subsequent months, sick leave accumulation is based on completed calendar
months of service. A ten-month employee who fulfills all the obligations of his or her contract
earns one sick leave day in June.

      6.     When an employee leaves the system, sick leave accumulation for the final
month of employment will be determined as follows:



                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5230
                                                                                       Page 2 of 4

                 a.    An employee separated on or before the 10th of the month, no sick leave
day is earned.

             b.       An employee separated on or before the 11th through the 20th of the
month, one-half day sick leave is earned.

                 c.    An employee separated on or after the 21st of the month, one sick leave
day is earned.

C.     Sick Leave Advancement

         A new employee must work one pay period before being eligible to anticipate sick leave.
A full-time employee shall be allowed to anticipate one-half of his or her annual sick leave at the
beginning of each half of the contractual period as shown below.

       1.        12-month leave plan – July 15/January 15
       2.        11-month leave plan – August 15/January 31
       3.        10-month leave plan – September 15/February 15

D.     Extended Sick Leave

       In case of a prolonged personal illness which results in the depletion of all accumulated
sick and personal leave days, the Superintendent or the Superintendent’s designee may
approve up to an additional 20 days of sick leave to an employee with five or more years of
employment in the division not to exceed once in a 12-month rolling period. The rate of pay for
those days shall be based upon 75% of the per diem rate.

E.     Adoption

       Accumulated sick leave (for maximum of 20 consecutive days) may be used for the
purpose of an employee remaining at home with a newly adopted infant. If both parents are
employees of Chesterfield County Public Schools (CCPS), they may use up to 20 days of sick
leave between them, at parents' discretion. Both parents may use accumulated sick leave at the
same time for this purpose. Certification of adoption is required.

F.     Illness in the Family

        An employee may use up to six days of accumulated or anticipated sick leave for illness
or death in the immediate family. The "immediate family" of an employee shall be regarded to
include spouse, children, stepchildren, parents, stepparents, siblings, grandchildren,
grandparents, step-grandparents, parents-in-law, daughters-in-law, sons-in-law, sisters-in-law,
brothers-in-law, grandparents-in-law, aunts and uncles, nieces and nephews, and any other
relative, no matter how distant, living in the household of the employee.

        An employee may use all accumulated sick leave or anticipated sick leave, accrued
annual leave, and accrued personal leave for catastrophic or life threatening illness as defined
in Policy 5410-R, or the death of a child, spouse, or parents, and excludes the use of any other
forms of paid leave benefits such as Leave of Absence Without Pay as stated in Policy 5300
and the Sick Leave Bank as stated in Policy 5310.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5230
                                                                                      Page 3 of 4

G.     Physician's Certificate

       An administrator may request a medical statement at any time. An employee exhibiting
behaviors that indicate impairment may be required to go directly to the emergency room or
primary care physician.

H.     Transfer of Sick Leave

         Accumulated sick leave earned by an employee in other public school divisions or
institutions will be accepted at full value upon presentation of acceptable proof of sick leave by
an employee transferring to the school system.

       Accumulated sick leave will be transferred to other divisions or institutions, if requested
by the employee within three years from the resignation date.

I.     Flexible Sick Leave

       Personnel contracted for less than 12 months who do not earn annual leave may be
permitted discretionary use of up to two days annually of their sick leave accumulation when
they are required to observe a recognized religious holiday. Requests to use flexible sick leave
must be received in writing prior to an absence. Approval is granted by the Superintendent or
the Superintendent’s designee.

J.     Payments for Unused Sick Leave

         1.     An individual must have been an employee of CCPS for at least five years to be
eligible. Further, the employee must be in good standing.

       2.      The employee must have applied and been approved for retirement under the
rules and regulations of the Virginia Retirement System or the Social Security system.

       3.      For employees with the last 15 years of consecutive* employment prior to
retirement with CCPS, payment will be made at a maximum of $30 a day for each day of
unused sick leave with no limit on the maximum payment.

       4.      For employees with the last 25 years of consecutive* employment prior to
retirement with CCPS, payment will be made at a maximum of $40 a day for each day of
unused sick leave with no limit on the maximum payment.

       5.      For employees with the last 30 years of consecutive* employment prior to
retirement with CCPS, payment will be made at a maximum of $50 a day for each day of
unused sick leave with no limit on the maximum payment.

      6.      For all other employees, payment will be made at a maximum of $30 a day for
each day of unused sick leave not to exceed a maximum payment of $4,000.

*“Consecutive” is defined as no break in service exceeding six months.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                 File: 5230
                                                                                Page 4 of 4

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5240          Personal Leave
              5300          Leave of Absence Without Pay
              5310          Sick Leave Bank and Donation of Sick Leave
              5410/5410-R   Leave Without Pay for Family and Medical Purposes


[VSBA: GCBD, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5240


                                    PERSONAL LEAVE

       Leave with pay, not to exceed five days in any school year, may be used by a full-time
ten- or eleven-month employee to conduct essential personal matters which cannot be
transacted during off-duty time.

       An employee shall earn two personal leave days per year with unlimited accumulation.
During the first year of employment, an employee shall earn personal leave as follows:

       1.     An employee hired prior to January 1st – two days
       2.     An employee hired after January 1st – one day

       In extenuating circumstances the Superintendent or the Superintendent’s designee may
grant permission for leave beyond the five-day limitation. In such cases, the employee must
have sufficient accumulated personal leave to cover the leave period.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-78.

Cross Ref.:   5290   Short Term Leave Without Pay
              5300   Leave of Absence Without Pay


[VSBA: GCBD, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5250


                                     PROFESSIONAL LEAVE

       An employee may be requested to represent the division at professional meetings, to
conduct workshops and serve on committees, participate in staff development, or to observe
other personnel without loss of pay.

       Any employee who wishes to attend a professional improvement activity should file a
request for professional leave with the appropriate administrator.

        Applications for professional leave should be made in a timely fashion to avoid
disruptions to the school program.

       If approval is granted, the employee may attend without loss of pay, and the division
may reimburse the individual for all or part of the reasonable expenses related to fees, meals,
lodging, and transportation in accordance with the conditions as are specified in the approval.

       Individuals attending professional improvement activities will be encouraged to share the
information from such sessions.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   7180    Staff Travel


[VSBA: GCBD, GDBD]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5260


                                         CIVIC LEAVE

       The School Board encourages involvement of its employee in public service. Leave may
be granted, without pay, to an employee who has received prior approval from the
Superintendent to accept appointment to public committees, commissions, and boards or to
serve as an elected official. Additionally, leave with pay may be granted to an employee serving
as an elected official not to exceed 15 days per fiscal year.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5290    Short Term Leave Without Pay
              5300    Leave of Absence Without Pay
              6110    Public Office


[VSBA: GCBD, GDBD]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  File: 5270


                               COURT APPEARANCE LEAVE

        Leave of absence, with pay, may be granted to an employee to serve on a jury or to
attend court on a matter relating to the school system as a witness under subpoena. In a case
not involving the employee in his or her capacity as a School Board employee, the employee
shall not be granted court appearance leave; however, the time may be charged to personal
leave, vacation leave, or leave without pay.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.: Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5220   Vacation Leave
              5240   Personal Leave
              5290   Short Term Leave Without Pay


[VSBA: GCBD, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5280


                 MILITARY LEAVE RESERVE TRAINING AND ACTIVE DUTY

       An employee who is a member of the National Guard or an organized military service of
the United States and, as such, is required to report for training periods; shall be granted military
leave with pay.

       The leave shall not exceed 15 workdays during any fiscal year.

       Upon receipt of official notice to report for duty, a written request for military leave along
with a copy of the official orders shall be submitted to the Superintendent or the
Superintendent’s designee.

       When possible, military leave for an employee on less than twelve-month contracts shall
be arranged during non-duty periods.

       An employee called up for reserve or active duty will be accorded all rights under the
Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. §§ 4301 et
seq.)


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-289.2, 44-93.

               38 U.S.C. §§ 4312, 4313, 4316, 4317.

               20 C.F.R. Part 1002.1 et seq.


[VSBA: GCBEB]




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5281
                                                                                      Page 1 of 2


               PROBATIONARY STATUS FOR CLASSIFIED/SUPPORT STAFF

A.     Probationary Period

        The probationary period is defined as the period of employment that allows the
employee and employer to determine if the employee is suited for the job. This definition applies
to the probationary periods of new hires and employees who have been promoted, demoted, or
transferred into new positions.

B.     Procedures

       Each employee appointed to a division classified/support staff position shall be required
to serve a probationary period of six (6) months.

       An employee’s probationary period may be extended for an additional six (6) months
from the end of the initial probationary period, as deemed appropriate by the employee’s
supervisor.

       A probationary period established beyond that indicated herein must be approved by the
Superintendent. In accordance with Va. Code § 22.1-79(6), this period may not exceed eighteen
(18) months.

      A supervisor shall inform the Department of Human Resources of the extension of an
employee’s probation period.

       A supervisor shall also inform the employee of the extension of the probationary period.

C.     Probationary Period Stipulations

        During the probationary period, an employee may be terminated at the will of the
principal or supervisory administrator.

       A probationary employee does not have access to the division grievance procedure.

       An employee’s probationary status does not affect his/her years of service credit.

D.     Completion of Probationary Period

       If a probationary employee works beyond the end of the probationary period without (i)
supervisory notification of satisfactory completion, or (ii) supervisory notification that the
probationary period has been extended, the employee shall be regarded as having successfully
completed the probationary period.

       It is the responsibility of the supervisor of a probationary employee, when appropriate, to
cause the probationary period to be extended or to cause termination of the employee prior to
the end of the probationary period. An employee shall achieve full employment status on the
workday after the probationary period is completed.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5281
                                                                                     Page 2 of 2

E.     Applying for Employment Positions While on Probation

       A probationary employee may apply for job positions within the division while in a
probationary status.

F.     Promotion, Demotion or Transfer of Probationary Employees

      At the discretion of the hiring principal or supervisor, an employee who is promoted,
demoted, or transferred to a new position while in a probationary status shall:

       1.     Serve a probationary period of at least six (6) months in the new position; or

       2.     Have the time served in his or her former probationary position counted towards
the probationary period of the new position.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-79(6).

Cross Ref.:   5070   Employee Selection
              5100   Reassignment and Transfer
              5160   Promotion




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                   File: 5290


                           SHORT TERM LEAVE WITHOUT PAY

       An employee may take leave without pay, not to exceed five days, with prior approval of
the Superintendent or the Superintendent’s designee.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:   5260   Civic Leave
              5280   Military Leave Reserve Training and Active Duty
              5300   Leave of Absence Without Pay


[VSBA: GCBD, GCBEA, GDBD]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                            File: 5300
                                                                                           Page 1 of 2


                               LEAVE OF ABSENCE WITHOUT PAY

        A leave of absence without pay may be granted to any employee with at least three
consecutive years of full-time service in the division based on documentation provided and
detailed information indicating the reason for the request. The leave may not exceed one
contractual year. All leave of absence requests must be separated by at least three years of
active full-time employment. Based on satisfactory job performance, leave may be granted for
illness, family demands, education, or military leave. For illness-related leaves, supporting
documentation from a physician must be submitted at the time of request. An employee
returning from a leave of absence will not be guaranteed his/her former assignment but will be
placed in a position for which he/she is licensed and qualified. (Special provisions apply for
employees requesting military leave and may be found under Policy 5280.)

       A.       All leaves of absence are unpaid.

         B.    A request for a leave of absence must be submitted, in writing, to the
Superintendent or the Superintendent’s designee at the earliest possible date, but no less than
thirty (30) days prior to the expected commencement of leave. Factors to be considered in
granting the leave of absence shall include the normal contractual period or work requirements
of the applicant’s position. If the leave is for illness or disability, the leave of absence can
commence only after leave under the Family and Medical Leave Act (FMLA) has been taken.

        C.    Sick leave/annual leave does not accrue during a leave of absence; however, the
individual may maintain his/her accrued leave during the period of the leave of absence unless
the FMLA applies (see B. above).

       D.       Credit for experience will not be earned during the period of leave of absence.

       E.      The employee is eligible during a leave of absence to continue all insurance
coverage; however, the employee must make arrangements to pay the entire premium for such
insurance except in the case of approved medical leave. For approved medical leaves,
Chesterfield County Public Schools will continue to pay its portion of the medical and/or dental
insurance for up to six months. Workers’ Compensation benefits are not applicable during the
leave.

        An employee must inform the Superintendent or the Superintendent’s designee in writing
of his/her intention to return to active status for the following contract year no later than April 1 of
the current contract year. Failure to provide written notification to the Superintendent or the
Superintendent’s designee by April 1 may result in termination of employment effective at the
end of the leave period.

        If no suitable vacancy exists, that is one for which the individual is qualified, the
employee will continue in a leave without pay status and will be given preference over new
applicants for the next suitable opening. If more than one employee has given notice of intent to
return to active employment, employees will be assigned to available positions based on
notification date. The guarantee of a suitable available position will expire twelve (12) months



                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                          File: 5300
                                                                                         Page 2 of 2

after the April 1 deadline for written notification to the Superintendent or the Superintendent’s
designee of his/her intent to return. Failure to accept a suitable position will result in termination
of employment.

        Notwithstanding the above, a single instance of leave of absence without pay shall be
granted for a period of no less than five consecutive work days to an employee with a life-
threatening or debilitating illness or injury without regard to the employee’s length of service.
Such leave shall run concurrently with leave prescribed by the FMLA, if applicable. Upon receipt
of a request prescribed herein, the Superintendent or the Superintendent’s designee shall have
sole discretion to grant additional days of leave beyond the required five consecutive workdays.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross Ref.:    5280            Military Leave Reserve Training and Active Duty
               5290            Short Term Leave Without Pay
               5320            Health and Dental Care Benefits
               5410/5410-R     Leave Without Pay for Family and Medical Purposes

               Appendix A, Section 15, Workers’ Compensation and Job-Related Injury Leave


[VSBA: GCBD, GDBD]




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5310
                                                                                       Page 1 of 2


                     SICK LEAVE BANK AND DONATION OF SICK LEAVE

A.     Generally

       The School Board shall maintain a sick leave bank for a full-time employee who has
prolonged, catastrophic or long-term illness or injury and who has exhausted his or her own sick
leave as long as one third of the eligible members participate in the sick leave bank.

B.     Eligibility

      1.        Membership in the sick leave bank shall be voluntary and open to all eligible
employees.

        2.    Each full-time employee who accumulates sick leave is eligible for membership
and may become a member by donating one day of sick leave upon joining and one day
thereafter whenever an assessment is required.

C.     Enrollment

       An employee may enroll within the first 30 calendar days of employment. An employee
who does not enroll when first eligible may do so between any subsequent August 15 and
September 15 period. An employee must be enrolled in the plan for three consecutive
contractual months prior to becoming eligible to utilize the benefits of the sick leave bank.

      Membership in the bank shall be continuous unless the employee informs the sick leave
bank administrator prior to September 15 of his or her intent to withdraw from participation in the
bank.

D.     Application

        1.     A member must make application for use of the sick leave bank entitlement
within ten working days after using all accrued sick leave.

        2.      The first 30 consecutive contract days of illness or injury will not be covered by
the sick leave bank but must be covered by the employee's own accumulated leave, donated
sick leave, or leave without pay. A maximum of 45 days during a rolling 12-month period can be
drawn from the bank by any one member.

       3.     A member of the bank will not be able to utilize sick leave bank benefits until his
or her own sick leave is depleted. A member utilizing days from the bank will not have to
replace these days.

        4.     Days drawn from the bank for any one period of eligibility must be consecutive. If
a member suffers a recurrence or relapse within 30 days due to the original illness or injury, the
member will not have to meet another 30-day elimination period. Otherwise, a member must
return to work and meet the 30-day elimination requirement before becoming eligible to utilize
sick leave benefits again.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5310
                                                                                     Page 2 of 2

       5.    A doctor's certificate is required before a sick leave bank member can use his or
her leave bank entitlement. This statement is to be submitted in writing to the Department of
Human Resources in advance of the absence for which the days are to be granted. Requests
cannot be made retroactively.

       6.     The sick leave bank cannot be used for family care.

E.     Assessment

       1.      A participant in the sick leave bank will be assessed an additional day(s) of sick
leave at such times as the bank is depleted to 400 days. Notification of such assessment shall
be sent to each member at the time it is determined to be necessary.

      2.      A member who has no sick leave to contribute at the time of assessment shall be
assessed this day(s) from the first sick leave day(s) subsequently accumulated.

F.     Donation of Sick Leave

        Under certain circumstances, an active or retiring employee may donate sick leave days
to the Sick Leave Bank for the express usage of that leave for a specific employee. Use of
donated sick leave is limited to 30 days, and must be used to cover the 30-day waiting period
prior to Sick Leave Bank. Should the recipient require fewer than 30 days, the donated leave
converts to the general Sick Leave Bank.

G.     Termination

       Upon termination of employment or withdrawal of membership, a participant will not be
permitted to withdraw or be paid for his or her contributed day(s).

       The bank will carry over its total days from one school year to the next.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-296.

Cross Ref.:   5220    Vacation Leave
              5230    Sick Leave
              5240    Personal Leave
              5290    Short Term Leave Without Pay
              5300    Leave of Absence Without Pay


[VSBA: GCBC]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5320
                                                                                      Page1 of 4


                           HEALTH AND DENTAL CARE BENEFITS

A.     Generally

       The School Board recognizes that access to quality health care is an important benefit to
employees. As part of its overall compensation plan, the School Board, in collaboration with the
County government, will negotiate with health and dental providers to offer a comprehensive
and cost-effective benefit package for employees.

       Periodically, the Superintendent will recommend and the School Board will approve
contracts with health and dental providers as part of the division’s overall compensation plan.

B.     Active Employees

        1.     An employee must be considered full-time in order to qualify for health and dental
benefits.

       2.      Rates and benefits are negotiated with the health and dental providers on an
annual basis. The benefit period begins January 1 and ends December 31 each year. The
School Board shall approve the contribution level annually. Changes as a result of provider
negotiations will be distributed to employees during open enrollment to be held each fall.

        3.      New employees have 31 days from the date of employment to enroll in health or
dental coverage. If coverage is not selected within the 31-day period, the employee is not
eligible for coverage until the next open enrollment period unless there is a qualifying family
status change.

        4.     A new enrollment, addition of eligible dependents, termination of all coverage or
removal of a spouse or dependent outside the open enrollment period is permitted only if there
is a qualifying family status change. Official documentation of the status change is required.
Coverage for all changes must be made within 31 days from the date of the event that qualifies
as a status change.

       5.      Premiums will be deducted from an employee’s salary on a pre-tax basis with the
deduction taken one month in advance. An employee who prefers after-tax deductions must
submit a written request to the Compensation and Benefits Department. Changes in coverage
or new enrollments may result in multiple premiums being deducted from an employee during
any one-pay period.

C.     Retirees

        An individual, who is identified as qualifying under Va. Code § 22.1-85, hereafter
referred to as “employee,” must be enrolled as an active member of the Chesterfield County
Public Schools (CCPS) plan prior to retirement and be in good standing in order to be eligible
for any retiree benefit. By reference, Va. Code § 22.1-85 includes School Board members as
“officers” within the definition of “employee” and they are, accordingly, included as eligible for
health and dental care benefits. A School Board member who ceases service as an elected


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5320
                                                                                     Page 2 of 4

official may qualify for this retiree benefit under the same requirements and categorical
conditions, respectively, as specified for employees. However, because School Board members
are not eligible for participation in the Virginia Retirement System (VRS) in their capacity as
School Board members, the retirement requirement is waived.

       1.      An employee who retired or is disabled as determined by the VRS prior to July 2,
2007, shall be eligible for health and dental care benefits subject to the following:

                a.      An individual must have been an employee of CCPS for at least five
years to be eligible.

               b.      The employee must have applied and been approved for retirement under
the rules and regulations of the VRS or the Social Security System, or identified as eligible for
continued participation as negotiated with the health care providers.

                c.     The employee will be eligible for payment into one of the approved health
and dental care plans of an amount equal to the amount paid by the School Board on a policy
for individual coverage, subject to sufficient appropriations.

               d.     The employee may select from the policies offered and pay the difference
in cost on a monthly basis between the School Board’s contribution and the cost of the policy.

               e.     When the employee becomes eligible for Medicare, payment will be
applied to the Medicare supplement according to section 3.a. through c. of this policy and dental
plan charges.

        2.    An employee who retires on July 2, 2007, or later, shall be eligible for health and
dental care benefits subject to the following:

                 a.     An employee, with ten full-time complete years of service in CCPS,
whose age plus full-time service in CCPS equals at least 60 on July 1, 2007, will have the
school system’s payment into one of the approved health and dental care plans based upon the
following criteria upon the employee’s retirement:

                      (1)     The employee must be at least 50 years old, or disabled as
determined by the VRS, and have applied and been approved for retirement under the rules and
regulations of the VRS or the Social Security System.

                        (2)     Payment for eligible employees into one of the approved health
and dental care plans will equal an amount paid by the School Board on a policy for individual
coverage, subject to sufficient appropriations. When the employee becomes eligible for
Medicare, payment will be applied to the Medicare supplement according to section 3.a. through
c. of this policy and dental plan charges.

               b.      An employee whose age plus full-time service in CCPS does not equal 60
on July 1, 2007, or who does not have ten full-time complete years of service in the division on
July 1, 2007, will have the school system’s payment into one of the approved health and dental
care plans based upon the following criteria upon the employee’s retirement:


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5320
                                                                                        Page 3 of 4

                      (1)     The employee must be at least 55 years old or disabled as
determined by the VRS and have applied and been approved for retirement under the rules and
regulations of the VRS or the Social Security System.

                     (2)    An employee with 25 complete consecutive* or more years of full-
time service in CCPS will be eligible for a payment of up to $300 per month into one of the
approved health and dental care plans, subject to sufficient appropriations.

                     (3)    An employee with 20 complete consecutive* to 24 years of full-
time service in CCPS will be eligible for a payment of up to $225 per month into one of the
approved health and dental care plans, subject to sufficient appropriations.

                     (4)    An employee with 15 complete consecutive* to 19 years of full-
time service in CCPS will be eligible for a payment of up to $150 per month into one of the
approved health and dental care plans, subject to sufficient appropriations.

                         (5)    An employee with less than 15 years of full-time service in CCPS
will not be eligible for any payment from the school system towards health and dental care. The
employee may, however, remain covered by one of the approved plans with the full cost paid by
the retiree.

                     (6)       Payments will be adjusted annually up to three percent for inflation
beginning January 1, 2009.

                        (7) An employee who is disabled as determined by the VRS or retires
between the ages of 50 and 55 with at least 30 years of full-time service in CCPS may remain
covered by one of the approved plans with the full cost paid by the retiree until age 55. Upon
reaching age 55, the retiree will be eligible for the school system’s payment into one of the
approved health and dental care plans based upon the criteria set forth in section 2.b.(2)
through (6) of this policy.

                     (8)    When the employee becomes eligible for Medicare, payment will
be applied to the Medicare supplement according to section 3.a. through c. of this policy and
dental plan charges.

              c.      An employee hired or rehired on or after July 1, 2006, will not be eligible
for any payment from the school system towards health and dental care upon the employee’s
retirement. However, an employee who is disabled as determined by the VRS or has at least 15
complete consecutive* years of full-time service in CCPS and is at least 55 years of age may
remain covered by one of the approved plans with the full cost paid by the retiree, provided the
employee retires from the VRS.

                 d.     An employee who returns to work after retiring on disability will be eligible
to continue health and dental coverage based on credit for service earned at the time of the
disability retirement plus any subsequent service.

        3.     A retiree who reaches age 65 or is over age 65 at the time of retirement and
eligible for Medicare will receive a contribution toward a Medicare Supplement Plan and
Medicare Part D prescription drug plan based on the following:

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5320
                                                                                        Page 4 of 4

                a.     An employee who retired prior to January 1, 2009, and is eligible to
receive a contribution based on the guidelines referenced in sections B.1. and 2. of this policy
will receive a monthly contribution of $179, to be adjusted annually up to three percent for
inflation beginning January 1, 2009, and a monthly contribution of $40 toward a Medicare Part D
prescription drug plan.

               b.     An employee who retires on or after January 1, 2009, with at least 30
years of VRS service as of January 1, 2009, and is eligible to receive a contribution based on
the guidelines referenced in section B.1. and 2. of this policy will receive a monthly contribution
of $179, to be adjusted annually up to three percent for inflation beginning January 1, 2009, and
a monthly contribution of $40 toward a Medicare Part D prescription drug plan.

               c.      An employee who retires on or after January 1, 2009 with less than 30
years of VRS service as of January 1, 2009, and is eligible to receive a contribution based on
the guidelines referenced in section B.1 and B.2 of this policy will receive a monthly contribution,
if he/she does not qualify for the state health credit, of $4 per full time year of service with CCPS
or Chesterfield County Government. Employees who qualify for the $4 state health credit will
receive $2 per full-time year of service with CCPS or Chesterfield County Government.

      4.      Under no circumstance will any payment for retiree health care by CCPS exceed
the amount allocated by the School Board for the single individual premium.


* “Consecutive” is defined as no break in service exceeding five years.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-85, 51.1-124.1 et seq.

Cross Ref.:    5210            Supplemental Retirement Program
               5360            Privacy Policy
               5400            Compensation Plan
               5410/5410-R     Leave Without Pay for Family and Medical Purposes


[VSBA: GCBC]




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5330
                                                                                       Page 1 of 6


                                     REDUCTION IN FORCE

A.     Reduction in Force

        A decrease in pupil enrollment, insufficient funding, expiration of special grants and/or
other conditions may require a modification of the educational program which results in a
reduction in staff from the division. In such event the School Board, upon the recommendation
of the Superintendent, shall determine the program adjustments to be made and the reduction
in force required. The application of the reduction in force policy shall be for the division as a
whole rather than by individual facilities except that employees employed in programs funded
through special grants and other special sources of funding shall be treated as separate
categories, unless otherwise provided for in this policy.

B.     General Provisions

       1.       The Department of Human Resources will develop and maintain seniority listings
for each of the position classifications being reduced.

        2.       Employees on the recall list with proper application will be eligible for temporary
positions such as part-time and substitute positions. Acceptance of these positions will not affect
their recall rights.

      3.      Released employees have the option of continuing their group health care
coverage for up to eighteen (18) months by paying the group rate plus the administrative fee on
a monthly basis.

       4.     Upon reemployment, all rights related to salary, fringe benefits, and length of
service shall be fully restored. However, time which has elapsed between release and
reemployment will not count toward length of service.

C.     Teachers

       1.     Teachers shall mean a person who holds a current teaching certificate issued by
the State Department of Education, who is employed on a full-time contractual basis by the
Chesterfield County Public Schools (CCPS), and who has been placed on the teacher's salary
schedule by formal action of the School Board.

              There are three exceptions to these descriptions. Procedures outlined in
paragraph D., Support Personnel, will apply to occupational and physical therapists. Procedures
outlined in paragraph E., Administrative/Supervisory Personnel, will apply to administrative
assistants.

        2.      The layoff of teachers due to reduction in force shall be accomplished according
to the following provisions:

              a.      The School Board, on the recommendation of the Superintendent shall
determine the specific endorsement areas of instructional programs in which reductions need to
be made and the extent of those reductions.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           File: 5330
                                                                                          Page 2 of 6

              b.     The School Board, on the recommendation of the Superintendent shall
then determine which individuals, if any, shall be laid off. The primary factor to be considered in
making both the recommendation and determination shall be based on seniority, the least
senior person being laid off first. Probationary teachers shall be laid off prior to continuing
contract teachers.

               c.       Seniority shall be that period of time commencing with the most recent
term of continuous service as certificated employee with CCPS including authorized leave, but
excluding temporary, interim, substitute, or part-time employment. The initial date of
employment shall be the date of appointment to a teaching position, as distinguished from the
date of the School Board meeting where such an appointment was approved. If two or more
teachers have the same length of service, they are ranked by date of contract offer that begins
the most recent period of continuous service, and, if necessary, date of receipt of most recent
application resulting in employment, and finally, by lot.

                      Each teacher shall be placed on the seniority list for the endorsement
area or instructional program in which he or she is actively assigned, except as provided in
paragraph C.4.

                 d.    Each teacher in the affected endorsement area or instructional program
who is recommended for layoff from that area or program shall have the right to be considered,
on the basis of paragraph C.2.c., in all programs or instructional areas for which the
endorsement requirements are fully met by the endorsement on which the teacher's active
assignment has been based. In addition, a teacher who holds current endorsement in an area
previously taught on a full-time basis within the past seven years will be placed on the seniority
list for that endorsement area.

         3.     Released continuing contract teachers shall be offered reemployment as
vacancies occur. When a vacancy occurs, the most senior released employee will be recalled
first. No new teachers shall be employed for an area or program until all properly certified
continuing contract teachers released from such assignment have been provided with the
opportunity of filling the available positions. A teacher on continuing contract shall have the right
to be offered a position by recall letter, pursuant to the provisions of this paragraph, for a period
of fifteen (15) months from the date of the teacher's release. Such recall letter shall be sent by
certified mail. It shall be the responsibility of the teacher to keep the Human Resources
Department informed of the teacher's current address. A teacher's eligibility for recall shall
terminate if he or she:

                a.       Fails to respond affirmatively in writing fifteen (15) calendar days after the
mailing of a recall letter offering him or her a teaching position;

               b.      Otherwise indicates in writing that he or she no longer wishes to be
considered for recall; or

               c.      Fails to maintain certification requirements.




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                          File: 5330
                                                                                         Page 3 of 6

          4.    Teachers employed in a program funded through special grants or other special
sources of funding (Chapter 1, contracted arrangements with other governmental entities, etc.)
shall be placed on the seniority list for that program only and shall not be entitled to be placed
on other seniority lists pursuant to paragraph C.2.c. The recall rights of such teachers under
paragraph C.3, shall be limited to vacancies in the program from which they were released. An
exception to this provision would apply to a teacher who achieved continuing contract status in
the division as a teacher and who is recommended for reduction. That teacher shall also be
placed on the seniority list under section C. as a teacher in the program or area in which he or
she was actively assigned prior to serving in the funded position, provided his or her certification
is still valid.

        5.     The provisions of paragraph C., shall not apply in those cases where the
employment of teachers whose special skills and/or active assignment is essential to the
effective operation of the school system. The determination of essential personnel shall be at
the sole discretion of the School Board upon recommendation of the Superintendent.

D.     Support Personnel

       1.     Support personnel are defined as those persons assigned full-time to a position
not categorized as a teacher or administrative/supervisory personnel.

       2.      The School Board, on the recommendation of the Superintendent, shall
determine the specific position classifications in which a reduction in force needs to be made
and the specific number of positions therein needed to be reduced.

        3.    The School Board, on the recommendation of the Superintendent, shall
determine which individuals, if any, shall be laid off within the position classification. The primary
factor to be considered in making both the recommendation and the determination shall be
based on seniority, the least senior being laid off first.

             The procedure by which support personnel are recommended by the
Superintendent for reduction shall be as set out in paragraph C.2.c. with the exception that all
employment with CCPS, regardless of position, shall be counted toward seniority.

               In addition, an employee who is recommended for layoff from his or her present
position may be considered for lesser positions which the Superintendent determines to have
generally similar duties and for which the person is otherwise qualified.

         4.      Released employees shall be offered reemployment as vacancies occur in the
position which they held. When a vacancy occurs the most senior released employee will be
recalled first. No new persons shall be employed for a position until all persons released from
such positions have been provided with the opportunity of filling the available positions. A
person shall not have a right to be recalled to a position higher than the one in which he or she
was working at the time of the reduction. (However, the Superintendent may allow recall to a
substantially similar lower position.) A person shall have the right to be offered a position by
recall letter for a period of fifteen (15) months from the date of layoff. Such recall letter shall be
sent by certified mail to the employee’s current address. It shall be the responsibility of the
employee to keep the Human Resources Department informed of the his or her current address.
An employee’s eligibility for recall shall terminate if he or she:

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           File: 5330
                                                                                          Page 4 of 6

                a.      Fails to respond affirmatively in writing within fifteen (15) calendar days
after the mailing of a recall letter offering him or her a position;

               b.      Otherwise indicates in writing that he or she no longer wishes to be
considered for recall; or

               c.      Fails to maintain certification/license requirements, if any.

        5.     The provisions of paragraph D.3, shall not apply in those cases where the
employment of support staff whose special skills and/or active assignment is essential to the
effective operation of the school system. The determination of essential personnel shall be at
the sole discretion of the School Board upon recommendation of the Superintendent.

E.     Administrative/Supervisory Personnel

         1.     Administrative/supervisory personnel are defined as those persons in a position
identified on the administrative/supervisory list.

       2.     The School Board, on the recommendation of the Superintendent, shall
determine the specific position classifications in which a reduction in force needs to be made
and the number of positions therein to be reduced.

       3.      a.     Where there is only one person in a position classification determined to
be one which must be reduced, that person shall be laid off unless the Superintendent
considers such employee for another administrative or professional position pursuant to
paragraph d., hereof. For purposes of this policy only, an administrator or professional who
achieved continuing contract status in the division or in any school division in the
Commonwealth as a teacher prior to taking the administrative or supervisory position and who is
recommended for reduction, shall also be considered under section C. of this policy as a
teacher in the program or area which he or she left, providing his or her certification is still valid.

                b.     Where there is more than one person in a position classification, the
School Board, on the recommendation of the Superintendent, shall determine which
individual(s) shall be laid off. The primary factors to be considered in making both the
recommendation and determination shall be job performance, the specific needs of the division,
and any special qualification an individual might possess. If the position classification
recommended for reduction is "principal", the Superintendent may transfer a principal into an
assistant principal position, displacing an incumbent assistant principal.

                c.     In those cases where no significant difference among individuals exists
after a review of these factors, the recommendation and determination shall be based on
seniority, as determined by paragraph C.2.c., the least senior being laid off first.

               d.      An employee who is recommended for layoff from his or her present
position may be considered for other positions which the Superintendent determines to have
generally similar duties and for which the person is otherwise qualified.

        4.     Released employees shall be offered reemployment as vacancies occur in the
position which they held under the procedure set out in paragraph D.4.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5330
                                                                                      Page 5 of 6

F.     Transfer

        This policy shall not apply to the transfer of employees but shall only apply when, due to
a reduction in force, an employee must be laid off. The Superintendent retains the authority to
transfer teachers or other employees to other assignments at any time to reduce the number of
persons affected by the reduction in force.

G.     School Board Minutes

       So that there will be no negative implications regarding the professional record of an
employee laid off under these regulations, the minutes of the School Board will clearly show that
such termination of employment was due to a reduction in force.

H.     Seniority Lists

        This policy will be activated upon recommendation of the Superintendent to the School
Board. It will not be necessary for the Human Resources Department to establish seniority lists,
etc., until such time as notified by the Superintendent.

I.     Effect on Term of Contract

        Nothing in this policy shall be construed as granting an employee on a term contract the
right to employment beyond the term of his or her contract or to grant such person a property
interest in employment beyond the term of his or her present contract.

J.     Release for Other Reasons

       Determinations to release employees as a result of misconduct or unsatisfactory job
performance as warranted through the employee evaluation process shall be processed in
accordance with applicable policies controlling such determinations and not through this
reduction in force policy.

K.     Interpretations

       The School Board realizes that questions will arise about the application of the policy to
a specific case. Consequently, interpretations of this policy shall be made by the Superintendent
when necessary. Any such interpretation shall be presumed valid until specifically ruled
otherwise by the School Board.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 22.1-304, 22.1-305(G).




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                          File: 5330
                                                                         Page 6 of 6


Cross Ref.:   1020   Duties and Powers
              1120   School Board Minutes
              5090   Continuing Contract
              5100   Reassignment and Transfer
              5120   Substitutes
              5170   Performance Evaluation
              5320   Health and Dental Benefits

              Appendix A, Section 1, Definitions of Employee Divisions


[VSBA: GCPA]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5340


                           EMPLOYMENT OF FAMILY MEMBERS

       The School Board may not employ or pay, and the Superintendent may not recommend
for employment, any family member of the Superintendent or of a School Board member except
as authorized below.

        This prohibition does not apply to the employment, promotion, or transfer within the
division of any family member who

        1.      has been employed pursuant to a written contract with the School Board or
employed as a substitute teacher or teacher’s aide by the School Board prior to the taking of
office of the Superintendent or any School Board member; or

       2.       has been employed pursuant to a written contract with the School Board or
employed as a substitute teacher or teacher’s aide by the School Board prior to the inception of
the family relationship; or

        3.      was employed by the School Board at any time prior to June 10, 1994, and had
been employed at any time as a teacher or other employee of any Virginia school board prior to
the taking of office of any member of the School Board or Superintendent.

        A family member employed as a substitute teacher may not be employed to any greater
extent than he was employed by the School Board in the last full school year prior to the taking
of office of such School Board member or Superintendent or to the inception of such
relationship.

       No family member of any employee may be employed by the School Board if the family
member is to be employed in a direct supervisory and/or administrative relationship either
supervisory or subordinate to the employee. The employment and assignment of family
members in the same organizational unit shall be discouraged.

        Family members are defined as father, mother, brother, sister, spouse, son, daughter,
son-in-law, daughter-in-law, sister-in-law or brother-in-law.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, § 2.2-3119.

Cross Ref.:   1050    Conflict of Interests
              5100    Reassignment and Transfer
              5120    Substitutes
              5160    Promotion


[VSBA: GCCB]


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           File: 5350
                                                                                          Page 1 of 3


                         TEACHERS' DUTIES AND RESPONSIBILITIES

        Effective instruction delivered by highly-trained and skilled classroom teachers is integral
to student learning. Research clearly demonstrates the difference in student learning that
results from effective versus ineffective instruction, particularly for struggling learners.
Accordingly, Chesterfield County Public Schools shall employ and seek to retain the most
highly-skilled teachers available.

        Under the direction and supervision of the principal or the principal’s designee, the
classroom teacher is charged with effectively delivering the approved curriculum to the students
under the teacher’s charge. In addition, the classroom teacher is responsible for carrying out all
tasks ancillary to instruction, as well as performing other non-instructional duties assigned by
the principal or the principal’s designee, in a quality manner. Among other things, the
classroom teacher is responsible for implementing a constructive system of classroom
management; establishing a positive classroom atmosphere and environment; and acting in the
best interests of his or her students.

        Every classroom teacher shall function within the requirements of federal and state law;
policies of the School Board; and rules, regulations, instructions and direction of the
Superintendent and the Superintendent’s designee and the principal and the principal’s
designee. He or she shall regularly consult with and/or keep the principal or the principal’s
designee apprised of matters relating to student achievement as well as other important
matters. Each teacher shall strive to improve his or her professional skills on a continual basis
through reflection, self-awareness, and self-assessment. Principals shall provide assistance to
teachers as appropriate to support teachers in their self-improvement efforts. Such assistance
shall include offering suggestions for improvement regardless of whether such suggestions are
a part of a formal performance evaluation process. A teacher’s performance shall be formally
evaluated according to the schedule and procedures set forth in the division’s formal
performance evaluation process for teachers.

        A teacher’s primary focus shall be students’ academic achievement, as well as students’
physical and emotional well-being while under the teacher’s care. Therefore, each teacher shall
be well-versed and up-to-date on the School Board’s approved curriculum, on instructional best
practices, and shall do all in his or her ability to form positive and nurturing relationships with the
students under his or her charge. In addition, in order to enhance academic achievement for all
students, the teacher shall among other things ensure that:

           •   the School Board-approved curriculum is implemented in an effective manner,
               which includes teaching the curriculum in a way that is relevant to students;
           •   all students have access to a rigorous curriculum that is delivered in a manner to
               address the differentiated needs of students;
           •   students are assessed on the approved curriculum;
           •   he or she assumes primary educational responsibility for all students assigned to
               the teacher, regardless of whether or not the student qualifies for special
               services;
           •   lessons are designed to assist students in acquiring the division’s identified 21st
               century learning skills;


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           File: 5350
                                                                                          Page 2 of 3

              •   instructional methods, strategies and programs are implemented effectively and
                  with fidelity;
              •   individual and group student achievement data is monitored on a regular and
                  continual basis to assess learning, needs of students, and equity in access to the
                  curriculum;
              •   student achievement and other relevant data are used to modify a teacher’s
                  instructional methods and strategies;
              •   students are disciplined in a way that is equitable and, to the extent possible,
                  helps students improve their ability to monitor and improve their behavior;
              •   instruction is delivered in a way that is cognizant of the division’s identified core
                  values;
              •   parents are regularly apprised of their children’s academic performance as well
                  as other relevant information; and that,
              •   he or she takes advantage of available professional development and other
                  opportunities to improve his or her professional skills on an ongoing basis.

        In addition to responsibilities set forth elsewhere, teachers shall be cognizant of cultural,
religious, viewpoint and other differences represented in his or her classroom, and shall
approach controversial and/or sensitive topics in a manner that is consistent with Policy 3031.
Individual teachers shall work in a collegial manner as a member of a team of educational
professionals who make students and their needs the central focus, and shall strive at all times
to create and maintain an atmosphere of mutual respect and professional courtesy especially
but not only while in the presence of students.

        A classroom teacher shall be aware that he or she is a role model to students and shall
conduct him- or herself accordingly. In addition, as respected professionals, teachers represent
not only their school, but also the division in their interactions with parents and other members
of the community. Teachers shall, therefore, present themselves in a professional manner while
at school or attending to other official duties, as well as whenever officially representing their
school or the division.

        The performance of each teacher including, but not limited to, the degree to which the
teacher has met the expectations set forth in this policy shall be evaluated by the principal or the
principal’s designee pursuant to the division’s approved performance evaluation timeline,
standards and process.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:       Code of Virginia, 1950, as amended, §§ 22.1-295, 22.1-298.1.

Cross Ref.:       2090   School Building Administration
                  3010   Curriculum and Instruction
                  3020   Selection, Implementation and Evaluation of Instructional Methods,
                         Strategies and Programs



                           CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                        File: 5350
                                                                       Page 3 of 3

            3031   Teaching of Sensitive or Controversial Topics
            3060   Homework and Parental Assistance
            4011   Teacher Removal of Students from Class
            5030   Professional Ethics
            5090   Continuing Contract
            5170   Performance Evaluation

            Appendix A, Section 17, Personal Appearance and Demeanor


[VSBA: GC, GCG, GCI]




                    CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5360
                                                                                      Page 1 of 3


                                        PRIVACY POLICY

A.     Privacy – Employee Files

       The school system protects the privacy of its employees by restricting personnel data to
that needed for business, legal, or contractual purposes, by limiting internal access to personnel
records to those with a need to know and by releasing information from the personnel file
externally only with the employee's consent or to meet legal or contractual requirements. Each
employee may have access to and correct inaccurate information in his or her personnel file.

B.     Privacy in Operational Actions

        All employees are reminded of the need to respect the right of privacy of individuals in
the release of information - formally or informally - on any matter that may be construed to be
personal in nature.

         Employees including colleagues who are party to or know of alleged incident(s)
regarding any allegation made, investigation being conducted, or any alleged or committed
infraction of law, policies, rules, regulations, or procedures are cautioned that these issues
must be held in strict confidence; and that these matters can only be released to those
employees who have a need-to-know.

C.     Information Placed in the Personnel/Employee File

       The employee personnel file that is maintained in the Human Resources Office is the
permanent record for employment purposes. Schools and departments are also permitted to
maintain an employee file; however, that file is a secondary file.

        The employee personnel file is the property of the school system and is used for the
management and administration of system-driven needs. Information contained in the
employee file and in the division's computer system includes but is not limited to documents
related to:

        1.      Employment, such as application(s) forms, reference information, certificate
data, transcripts, and other documents used to assist in selection and placement;

         2.      Maintenance of data necessary for proper administration and management,
including contracts, evaluations, transfer and assignment, promotions, commendations,
recertification, professional development, training, disciplinary actions, emergency notification,
and other necessary documents and documentation;

        3.     Work-related data including location, job title, description of duties, additional
duties, education, health, experience, and certification;

        4.     Salary and benefits administration data which may include budget assignment,
position control, pay range, salary/wage rate, hours worked, contract length, benefits, retirement
and health forms and elections;


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5360
                                                                                    Page 2 of 3

         5.      Federal, state, and local requirements, for example, name, social security
number, address, telephone number, gender, race, marital status, date of birth, birthplace,
disability status, citizenship, etc.

An employee may submit documents (i.e., letters of recognition, commendation, awards,
records of achievement, etc.) to be placed in the personnel file.

If a supervisor wishes to have a document placed in the personnel file, the employee should be
advised and provided with a copy.

D.     Employee File Access

        An employee who wishes to review his or her personnel file in the Department of Human
Resources may do so; however, it is required that an appointment be scheduled to ensure that a
personnel specialist would be available. The employee may be accompanied by another
person, but identification of the third party and a letter from the employee granting permission
for his or her access to the file is required.

       1.     Copies of document can be provided, but a fee will be charged.

        2.    A record will be kept in the file of every dissemination with the exception of
regular access by routine personnel.

Employees who wish to review or submit documents maintained in a school or department may
do so within the guidelines established by the school or department.

E.     Release of Information

       Except when required for legal or contractual purposes, release of information other
than a confirmation of employment status is contingent upon receipt of a signed written
authorization from the employee. Responses to telephone inquiries are limited to confirmation
that the employee is or is not employed by the division. Requests for verification of
employment should be referred to the Human Resources Department.

        Personal information on employees can be disseminated when required by law or when
it is necessary to accomplish the purposes of the Human Resources Department or division.
The division shall provide specific measures to ensure the security and privacy of protected
health information that the division obtains about employees, such protected health information
as is defined by the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

F.     Update of Information

      Employees must assume responsibility for informing the Human Resources Department
of name, address, marital status, emergency contact changes. The employee information
change form should be used to indicate these changes.

       Employees must contact the Compensation and Benefits Office to make changes in
group health and dental insurance plans, flexible benefit plan, Virginia Retirement System and
Group Life Insurance.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5360
                                                                                   Page 3 of 3

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 2.2-3700 et seq., 2.2-3800 et seq., 22.1-
              295.1.

Cross Ref.:   5320   Health and Dental Care Benefits

              Appendix A, Section 16, Blood Borne Contagious or Infectious Diseases


[VSBA: GBL]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5380


                         DRUG AND ALCOHOL-FREE WORKPLACE

        The division has a vital concern for the health and safety of its employees and the
students under its supervision. The use of alcohol, anabolic steroids, or illegal drugs is
inconsistent with the behavior expected of employees, subjects all employees and students to
unacceptable safety risks, and undermines the school system's ability to operate effectively and
efficiently.

       The division will establish a drug-free awareness program to inform employees about the
dangers of drug abuse in the workplace and to make them aware of the division's Drug and
Alcohol-Free Workplace policy and regulations.

        The Superintendent is authorized to implement the regulations of the Drug Free
Workplace Act and other regulations as required to maintain a drug and alcohol-free workplace
for all employees. Regulations for the implementation of this policy are found in Regulation
5380-R.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   20 U.S.C. §§ 5812, 7101, 7102.
              41 U.S.C. § 702.

Cross Ref.:   5030           Professional Ethics
              5080           Health Requirements
              5380-R         Drug and Alcohol-Free Workplace
              5430           Omnibus Transportation Employee Testing Act


[VSBA: GBEA]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5380-R
                                                                                     Page 1 of 2


                         DRUG AND ALCOHOL-FREE WORKPLACE

A.     Purpose

        The division has a vital concern for the health and safety of its employees and the
students under its supervision. The use of alcohol, anabolic steroids, or illegal drugs is
inconsistent with the behavior expected of employees, subjects all employees and students to
unacceptable safety risks, and undermines the school system's ability to operate effectively and
efficiently.

       The division will establish a drug-free awareness program to inform employees about the
dangers of drug abuse in the workplace and to make them aware of the division's Drug and
Alcohol-Free Workplace policy and regulations.

B.     Guidelines

       All employees are expected to adhere to the following guidelines:

        1.     No employee shall, at any time and in any place, unlawfully manufacture,
distribute, dispense, possess, be under the influence of, or use any narcotic drug,
hallucinogenic drug, amphetamines, barbiturates, marijuana, anabolic steroids or any other
controlled substance as defined in the “The Drug Control Act”, Chapter 34 of Title 54.1 of the
Code of Virginia and as defined in Schedules I through V of 21 U.S.C. § 812, or drug
paraphernalia as defined in Va. Code §18.2-265.1.

        2.      No employee shall manufacture, distribute, dispense, possess, be under the
influence of, or use alcohol on School Board property, while performing School Board business,
during duty hours, or while attending any school-sponsored activity.

        3.      Upon reasonable suspicion that an employee is in violation of this regulation, the
Superintendent, or the Superintendent’s designee, may require the employee to be tested for
alcohol by use of a Breathalyzer or (equivalent device) other appropriate tests, or tested for
drugs at a designated facility. Reasonable suspicion is defined as a belief based upon objective
facts and the rational inferences which may be drawn from such facts or based on direct or
reported observations. A factual foundation may include, but is not limited to, observation of the
employee's behavior or performance such as bloodshot eyes, dilated pupils, staggering, odor of
alcohol, erratic behavior or other behavior uncharacteristic of the person, vehicular or personal
injury accidents, agitation, explosiveness, altercations or violence, excessive absenteeism and
tardiness patterns, lethargy, or apparent consumption of alcohol or controlled substances.
Employees refusing to submit to alcohol or drug testing in such cases may be dismissed.

        4.   Any employee who is convicted of any drug-related criminal offense shall notify
the Superintendent, or the Superintendent’s designee, within five calendar days of the
conviction.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5380-R
                                                                                       Page 2 of 2

        Employees who violate any aspect of this policy may be subject to disciplinary action up
to and including termination. At its discretion, the division may require employees who violate
this policy to successfully complete a drug abuse assistance or rehabilitation program as a
condition of continued employment.

C.     Employee Assistance

       The division recognizes that alcohol and drug dependencies are illnesses and major
community health problems. Early recognition and treatment of alcohol and drug abuse are
essential to successful rehabilitation.

       Employees voluntarily seeking assistance for a substance abuse problem through a
medical source will not be disciplined as a result of their disclosure of prior drug or alcohol use,
and treatment will be handled in confidence.

D.     Special Requirement

        Employees are required to sign a form acknowledging that the employee is aware of the
regulation and its requirements (Form 5380-F). The forms will be maintained by the Human
Resources Department.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    20 U.S.C. §§ 5812, 7101, 7102.
               41 U.S.C. § 702.

Cross Ref.:    5030           Professional Ethics
               5080           Health Requirements
               5360           Privacy Policy
               5380           Drug and Alcohol-Free Workplace
               5380-F         Acknowledgment Form for Employees – Drug and Alcohol-Free
                              Workplace
               5430           Omnibus Transportation Employee Testing Act
               5460           Effect of Criminal Conviction or Founded Complaint of Child
                              Abuse or Neglect

               Appendix A, Section 19, Discipline


[VSBA: GBE; GBEA]




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5380-F


                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                          HUMAN RESOURCES DEPARTMENT

                      ACKNOWLEDGMENT FORM FOR EMPLOYEES
                        DRUG AND ALCOHOL-FREE WORKPLACE


As a condition of my employment with Chesterfield County Public Schools, I certify the
following:

1.    I am aware of the school system's policy and regulation pertaining to an alcohol- and
      drug-free workplace. I understand that I may be dismissed for any violation of this
      regulation, even if it is a first offense.

2.    I agree to notify the Assistant Superintendent, Human Resources Department, if I am
      convicted by a federal, state, or local court of an illegal drug-related offense. I will inform
      the Assistant Superintendent, Human Resources Department, within five days of the
      date of such conviction. I understand that I may be dismissed for any such conviction.


_________________________________                    ___________________________________
    Employee's Signature                                         Date


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5390


                                          SMOKING

        Chesterfield County Public Schools prohibits smoking and the use of tobacco products in
all schools, administrative offices, and facilities.

       The Superintendent will publish regulations that will ensure compliance with the Virginia
Indoor Clean Air Act and the goal of a smoke-free environment.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 15.2-2820, 2824, 2826, 2827, 2829,
              2832.

              20 U.S.C. §§ 6081 et seq., 7181.

Cross Ref.:   5390-R         Smoking


[VSBA: GBEC; KGC]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5390-R
                                                                                         Page 1 of 2


                                             SMOKING

A.      Purpose

       To establish responsibility and outline procedures for compliance with the Virginia Indoor
Clean Air Act. In conjunction with this requirement, the School Board has adopted Policy 5390.

B.      Background

       1.      Chesterfield County Public Schools will accommodate the needs of both smokers
and nonsmokers in the workplace by providing regulations that comply with the Virginia Indoor
Clean Air Act.

        2.      These regulations apply to all facilities and areas owned or operated by the
division. It applies to all School Board employees, individuals contracted to provide services to
the School Board, and visitors within School Board controlled facilities and areas.

C.      Definitions

        1.     Smoking: The carrying or holding of any lighted cigar, pipe, or cigarette of any
kind.

       2.      Tobacco Product: Cigar, pipe, or cigarette of any kind; snuff, chewing tobacco,
snuff packets, or any other tobacco form not specifically designed for smoking.

        3.     Employee: Any person temporarily or regularly employed by the School Board.

        4.     Visitor: Any other person; i.e., parent, visitor, etc., who is on school property.

D.      Procedures

         1.      Designate and identify specific areas where smoking will be allowed outside the
facility or area. These areas must be routinely maintained to avoid accumulation of litter and to
prevent fire hazards. It is the building supervisor's responsibility to provide tobacco product
receptacles to be located within the designated area(s).

         2.     Ensure that designated tobacco product use area(s) are a reasonable distance
from any entrance or window that would allow smoke to filter back into the building. The area(s)
should not be visible (while students are in the building) from the main entrance to the facility;
i.e., the entrance customarily used by the public entering the facility.

         3.     Be certain that the designated area(s) are separate from stored combustible
material receptacles such as dumpsters, fuel tanks; or areas which contain certain flammable
liquids, gases, or vapors.

       4.     Notify employees of the procedures contained in this policy and regulation. Signs
should be posted to advise employees, visitors, and the community of this policy. No tobacco
product use will be permitted in front of the main entrance to any facility (as defined in D.2.).

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5390-R
                                                                                     Page 2 of 2

       5.      Implement and enforce Policy 5390 and this regulation, to the greatest degree
possible, without impairing the efficiency of service or disrupting the work environment.

       6. Ensure that areas within the building supervisor's accountability are maintained
(tobacco-free) and smoke-free.

       7.     Designate a monitor to control designated areas and ensure that the "Designated
Smoking Area" and "No Smoking Except in Designated Areas" signs are posted at all building
entrances and in other appropriate places.

        8.     Advise employees of the process for reporting violations to the designated official
or to their immediate supervisor. The Superintendent, principals, and program managers are
also authorized to take appropriate action when this policy is violated.

       9.      Employees are required to follow the procedures outlined in this regulation.

       10.     Smoking Restrictions. Smoking and the use of tobacco products are prohibited
in:

               a.     All schools, administrative offices, and facilities.
               b.     School buses; and
               c.     School Board vehicles, when transporting students or non-smokers.

       11.   The contact person for administration of this regulation is the Assistant
Superintendent of Human Resources.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, §§ 15.2-2820, 15.2-2824, 15.2-2826, 15.2-
               2827, 15.2-2829, 15.2-2832.

               20 U.S.C. §§ 6081 et seq., 7181 et seq.

Cross Ref.:    2090   School Building Administration
               5390   Smoking
               6141   School Visitors




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5400


                                    COMPENSATION PLAN

       It is the goal of the School Board to establish and maintain an internally and externally
equitable coordinated compensation system with the County Government that is consistent with
budgetary and other constraints and that will allow Chesterfield County Public Schools to attract,
motivate, and retain highly qualified employees at all levels of service. Procedures to be
followed to effectuate this policy are contained in Appendix A.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, § 22.1-289.1.

Cross Ref.:    5010   Philosophy

               Appendix A, Section 8, Compensation Plan


[VSBA: GBC; GCBA, GCBB; GDBA]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5410


              LEAVE WITHOUT PAY FOR FAMILY AND MEDICAL PURPOSES

       The Superintendent shall promulgate regulations consistent with the Family and Medical
Leave Act of 1993 providing for unpaid leave under the circumstances and to the employees
covered under that Act. Any other policies or regulations, or provision thereof, of the division
which grant unpaid leave under the circumstances and to the employees covered by the Act are
hereby repealed.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   29 U.S.C. §§ 2601 et seq.

              29 C.F.R. Part 825 et seq.

Cross Ref.:   5410-R         Leave Without Pay for Family and Medical Purposes


[VSBA: GCBE]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                    File: 5410-R
                                                                                    Page 1 of 13


              LEAVE WITHOUT PAY FOR FAMILY AND MEDICAL PURPOSES

A.     Generally

        The School Board recognizes its obligation to provide its eligible employees with unpaid
leave pursuant to the Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq. This
policy describes the benefits available to eligible employees under the Act.

B.     Definitions

        Active duty: The term “active duty” means duty under a call or order to active duty under
a provision of law referred to in 10 U.S.C. § 101(a)(13)(B).

       Contingency operation: The term “contingency operation” has the same meaning given
such term in 10 U.S.C. § 101(a)(13).

       Covered servicemember: The term “covered servicemember” means a member of the
Armed Forces, including a member of the National Guard or Reserves, who is undergoing
medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on
the temporary disability retired list, for a serious injury or illness.

        Eligible employee: To be eligible for leave under this policy the employee must have at
least twelve (12) months of service with the school division and have worked at least 1250
hours according to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., in the twelve (12)
months preceding the commencement of the leave. Full-time teachers are deemed to meet the
1250-hour test.

        Instructional employee: Employees whose principal function is to teach and instruct
students in a class, a small group, or an individual setting such as teachers, athletic coaches,
driving instructors, and special education assistants such as signers for the hearing impaired.
The term does not include teacher assistants or aides who do not have as their principal
function actual teaching or instructing, or auxiliary personnel such as counselors, psychologists,
curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily
noninstructional employees.

        Next of kin: The term “next of kin” used with respect to an individual, means the nearest
blood relative of that individual other than the covered servicemember’s spouse, parent, son, or
daughter, in the following order of priority: blood relatives who have been granted legal custody
of the covered servicemember by court decree or statutory provisions, brothers and sisters,
grandparents, aunts and uncles, and first cousins, unless the covered servicemember has
specifically designated in writing another blood relative as his or her nearest blood relative for
purposes of military caregiver leave under the FMLA. When no such designation is made, and
there are multiple family members with the same level of relationship to the covered
servicemember, all such family members shall be considered the covered servicemember’s next
of kin and may take FMLA leave to provide care to the covered servicemember, either
consecutively or simultaneously. When such designation has been made, the designated
individual shall be deemed to be the covered servicemember’s only next of kin.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5410-R
                                                                                     Page 2 of 13

       Outpatient status: The term “outpatient status,” with respect to                a   covered
servicemember, means the status of a member of the Armed Forces assigned to:

         1.      a military medical treatment facility as an outpatient; or

        2.    a unit established for the purpose of providing command and control of members
of the Armed Forces receiving medical care as outpatients.

        Serious health condition: A serious health condition is an illness, injury, impairment or
condition that involves inpatient care or continuing treatment by a health care provider.

        Serious injury or illness: The term “serious injury or illness,” in the case of a member of
the Armed Forces, including a member of the National Guard or Reserves, means an injury or
illness incurred by the member in line of duty on active duty in the Armed Forces that may
render the member medically unfit to perform the duties of the member’s office, grade, rank, or
rating.

      Year: A rolling 12-month period measured backward from the date an employee uses
an FMLA leave.

C.       Leave

        Any eligible employee is entitled to leave for a combined total of twelve (12) weeks per
year for the following situations:

     •   The birth and care of a newborn child;
     •   The adoption or foster placement of a child;
     •   To care for an employee's spouse, parent, or child with a serious health condition;
     •   Because of a serious health condition that makes the employee unable to perform the
         essential functions of the employee’s job; and
     •   Because of any qualifying exigency as defined in Department of Labor regulations,
         arising out of the fact that the spouse, or a son, daughter, or parent of the employee is
         on active duty (or has been notified of an impending call or order to active duty) in the
         Armed Forces in support of a contingency operation.

        However, an eligible employee who is the spouse, son, daughter, parent, or next of kin
of a covered servicemember is entitled to a total of 26 workweeks of leave per year to care for
the servicemember. Leave under this paragraph is available only during a single year. During
that year the employee is entitled to a combined total of 26 workweeks of leave under this
policy.

        To the extent that an employee is entitled to compensated leave under other school
division policies, such paid leave shall be substituted for unpaid FMLA leave. Otherwise, family
and medical leave is unpaid. When paid leave is available, the employee must satisfy any
procedural requirements of the division’s paid leave policy.

       Employees on FMLA leave must report their status and intention regarding returning to
work to the school division at least every four weeks.


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5410-R
                                                                                         Page 3 of 13

D.       Notice to Employees of Their Rights under the FMLA

         1.     Posting and General Notice

        The school division shall post, in conspicuous places, on the premises of the school
division where notices to employees and applicants for employment are customarily posted, a
notice explaining the FMLA’s provisions and providing information about the procedure for filing
complaints with the Department of Labor. The document noted in Exhibit 5410-E.1 may be used
as the notice.

        A copy of the document noted in Exhibit 5410-E(1) will also be given to each employee
by including it in the employee handbook or similar document or by distributing it to each new
employee upon hiring.

         2.     Eligibility Notice

          When an employee requests FMLA leave, or the division has knowledge that an
employee’s leave may be for an FMLA-qualifying reason, the division should notify the
employee of the employee’s eligibility to take FMLA leave within five business days. The
Eligibility Notice should state whether the employee is eligible for FMLA leave. If the employee
is not eligible for FMLA leave, the Notice must state at least one reason why the employee is
not eligible (such as, for example, the number of months the employee has worked for the
division.) This notification may be accomplished by providing the employee a copy of Exhibit
5410-E(4).

         3.     Notice of Rights and Responsibilities

        The division will provide written notice detailing the specific expectations and obligations
of the employee and explaining the consequences of the failure to meet those obligations each
time the employee is given an Eligibility Notice. This Notice will include, as appropriate:

     •   that the leave may be designated and counted against the employee’s annual FMLA
         leave entitlement and the 12-month period for FMLA entitlement;
     •   any requirements for the employee to furnish certification of a serious health condition,
         serious injury or illness, or qualifying exigency arising out of active duty or call to active
         duty status, and the consequences of failing to provide certification;
     •   that the division will substitute paid leave for unpaid leave and any conditions related to
         the substitution and the employee’s right to take unpaid FMLA leave if the employee
         does not meet the conditions for paid leave;
     •   any requirement for the employee to make any premium payments to maintain health
         benefits and the arrangements for making such payments, and the possible
         consequences of failure to make such payments on a timely basis;
     •   the employee’s rights to maintenance of benefits during the FMLA leave and restoration
         to the same or an equivalent job upon return from FMLA leave; and
     •   the employee’s potential liability for payment of health insurance premiums paid by the
         employer during the employee’s unpaid FMLA leave if the employee fails to return to
         work after FMLA leave.



                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5410-R
                                                                                      Page 4 of 13

         The Notice of Rights and Responsibilities should be accompanied by any required
certification form.

        The Notice of Rights and Responsibilities will also include notice that employees on
FMLA leave must report their status and intention regarding returning to work to the division at
least every four weeks.

        If the information provided by the Notice of Rights and Responsibilities changes, the
division will, within five business days of receipt of the employee’s first notice of need for leave
subsequent to any change, provide written notice referencing the prior notice and setting forth
any of the information in the Notice of Rights and Responsibilities that has changed.

       4.      Designation Notice

        When the school division has enough information to determine whether the leave is
being taken for a FMLA-qualifying reason, the division should give the employee written notice
whether the leave will be designated and will be counted as FMLA leave within five business
days. If the division determines that the leave will not be designated as FMLA-qualifying, the
division must inform the employee of that determination. The division will also notify the
employee that paid leave must be substituted for unpaid FMLA leave or that paid leave taken
under an existing leave plan be counted as FMLA leave at the time of designating the FMLA
leave.

        If the division will require the employee to present a fitness-for-duty certification to be
restored to employment after taking leave for a continuous period of time, the division will
provide notice of the requirement with the Designation Notice. If the division will require that the
fitness-for-duty certification address the employee’s ability to perform the essential functions of
the employee’s position, the division must so indicate in the Designation Notice and must
include a list of the essential functions of the employee’s position.

        If the division has reasonable safety concerns regarding the ability of an employee who
is returning to work after intermittent or reduced leave schedule to perform his or her duties
based on the serious health condition for which the employee took leave, it may require the
employee to submit a fitness for duty certification unless one has been submitted within the past
30 days.

        If the leave is not designated as FMLA leave because it does not meet the requirements
of the FMLA, the notice to the employee that the leave is not designated as FMLA leave may be
in the form of a simple written statement.

        If the information provided by the division to the employee in the Designation Notice
changes, the division will provide, within five business days of receipt of the employee’s first
notice of need for leave subsequent to any change, written notice of the change.

      The division will notify the employee of the amount of leave counted against the
employee’s FMLA leave entitlement. If the amount of leave needed is known at the time the
employer designates the leave as FMLA-qualifying, the division must notify the employee of the



                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5410-R
                                                                                     Page 5 of 13

number of hours, days, or weeks that will be counted against the employee’s FMLA leave
entitlement in the Designation Notice. If it is not possible to provide the hours, days, or weeks
that will be counted against the employee’s FMLA leave entitlement, then the division must
provide notice of the amount of leave counted against the employee’s FMLA leave entitlement
upon request by the employee but no more often than once in a 30-day period and only if leave
was taken in that period.

        The division’s decision to designate leave as FMLA-qualifying will be based only on
information received from the employee or the employee’s spokesperson. If the division does
not have sufficient information about the reason for an employee’s use of leave, the division will
inquire further of the employee or the spokesperson to ascertain whether leave is potentially
FMLA-qualifying. Once the division has knowledge that the leave is being taken for an FMLA-
qualifying reason, the division will provide the employee the notice described in this subsection.

      An employee giving notice of the need for FMLA leave must explain the reasons for the
needed leave so as to allow the division to determine whether the leave is FMLA-qualifying. If
the employee fails to explain the reasons, leave may be denied.

E.     Leave for the Birth, Adoption or Foster Placement of a Child

        The employee’s entitlement to leave for a birth, adoption or foster placement of a child
expires at the end of the twelve-month period beginning on the date of the birth, adoption or
foster placement. Leave taken for the birth, adoption or foster placement of a child may be
taken intermittently or on a reduced leave schedule if the Superintendent agrees to such an
arrangement.

        If the necessity for leave for the birth, adoption or foster placement of a child is
foreseeable based on an expected birth or placement, the employee shall provide the school
division with not less than 30 days' notice, before the date the leave is to begin, of the
employee's intention to take leave. If the date of the birth or placement requires leave to begin
in less than 30 days, the employee shall provide such notice as is practicable. The employee’s
notice should be sufficient to make the division aware that the employee needs FMLA-qualifying
leave and of the anticipated timing and duration of the leave.

F.     Leave Because of a Serious Health Condition of Employee

       Employees are entitled, when medically necessary, to take such leave on an intermittent
or reduced leave schedule except as provided below.

      If the necessity for leave is foreseeable based on planned medical treatment, the
employee shall

       1.      make a reasonable effort to schedule the treatment so as not to disrupt unduly
the operations of the division; and

        2.      provide the division with at least 30 days' notice, before the date the leave is to
begin, of the employee's intention to take leave. If the date of the treatment requires leave to
begin in less than 30 days, the employee shall provide such notice as is practicable.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5410-R
                                                                                       Page 6 of 13

      The employee’s notice should be sufficient to make the division aware that the employee
needs FMLA-qualifying leave and of the anticipated timing and duration of the leave.

         The School Board may require that a request for leave because of the employee’s own
serious health condition be supported by a certification issued by a health care provider of the
employee. The school division may use Exhibit 5410-E(2) for this certification. The school
division should request that the employee furnish certification when the employee gives notice
of the need for leave or within five business days thereafter, or, in the case of unforeseen leave,
within five business days after the leave begins. The division may request certification at a later
date if it later has reason to question the appropriateness of the leave or its duration. The
employee must provide a complete and sufficient certification within 15 calendar days after the
division’s request. When the school division requests certification, it will advise the employee of
the anticipated consequences of the employee’s failure to provide adequate certification.

       Certification will be sufficient if it states:

       1.      the name, address, telephone number and fax number of the health care
provider and the type of medical practice/specialization;

       2.     the approximate date on which the serious health condition commenced and its
probable duration;

       3.      a statement or description of appropriate medical facts regarding the employee’s
health condition for which FMLA leave is requested. The medical facts must be sufficient to
support the need for leave; and

       4.       information sufficient to establish that the employee is unable to perform the
essential functions of his or her position, the nature of any other work restrictions, and the likely
duration of such inability.

       If an employee requests leave on an intermittent or reduced leave schedule for planned
medical treatment of his or her serious health condition, the certification shall include
information sufficient to establish the medical necessity for such intermittent or reduced
schedule leave and an estimate of the dates on which such treatment is expected to be given
and the duration of such treatment and any period of recovery.

        If an employee requests leave on an intermittent or reduced leave schedule because of
his or her own serious health condition that may result in unforeseeable episodes of incapacity,
the certification shall include information sufficient to establish the medical necessity for the
intermittent leave or leave on a reduced leave schedule, and an estimate of the frequency and
duration of the episodes of incapacity.

       If the employee submits a complete and sufficient certification signed by the health care
provider, the division may not request additional information from the health care provider.
However, the division may contact the health care provider for purposes of clarification and
authentication of the medical certification. To make such contact, the division must use a health
care provider, a human resources professional, a leave administrator, or a management official.
The employee’s direct supervisor may not contact the employee’s health care provider.


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5410-R
                                                                                      Page 7 of 13

        If the school division doubts the validity of a certification, it may require, at its own
expense, that the employee obtain the opinion of a second health care provider designated or
approved by the school division concerning any information certified. The health care provider
designated or approved by the school division may not be employed by the school division on a
regular basis.

         If the second opinion differs from the original certification, the school division may
require, at its own expense, that the employee obtain the opinion of a third health care provider
designated or approved jointly by the school division and the employee concerning information
certified. The opinion of the third health care provider will be binding on both the school division
and the employee.

G.     Leave Because of a Serious Health Condition of a Child, Spouse, or Parent of Employee

        Family and medical leave shall be provided when the employee is needed to care for
his/her spouse, child or parent with a serious health condition, as defined above. Employees
are entitled, when medically necessary, to take such leave on an intermittent or reduced leave
schedule except as provided below.

      If the necessity for leave is foreseeable based on planned medical treatment, the
employee shall

       1.      make a reasonable effort to schedule the treatment so as not to disrupt unduly
the operations of the division; and

        2.      provide the division with at least 30 days' notice, before the date the leave is to
begin, of the employee's intention to take leave. If the date of the treatment requires leave to
begin in less than 30 days, the employee shall provide such notice as is practicable.

The employee’s notice should be sufficient to make the division aware that the employee needs
FMLA-qualifying leave and the anticipated timing and duration of the leave.

         The School Board may require that a request for leave to care for an employee’s
spouse, parent, or child with a serious health condition be supported by a certification issued by
a health care provider of the family member in need of care. The division may use Form WH-
380-F [Exhibit 5410-E(3)] for this medical certification. The division should ask the employee to
furnish certification when the employee gives notice of the need for leave or within five business
days thereafter, or, in the case of unforeseen leave, within five business days after the leave
begins. The division may request certification at some later date if it has reason to question the
appropriateness of the leave or its duration. The employee must provide the requested
certification within 15 calendar days after the division’s request. When the division requests
certification, it will advise the employee of the anticipated consequences of the employee’s
failure to provide adequate certification.

       Certification will be sufficient if it states:

       1.      the name, address, telephone number, and fax number of the health care
provider and type of medical practice/specialization;


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5410-R
                                                                                      Page 8 of 13

       2.     the approximate date on which the serious health condition commenced and its
probable duration;

       3.      a statement or description of appropriate medical facts regarding the patient’s
health condition for which FMLA leave is requested. The medical facts must be sufficient to
support the need for leave; and

       4.      information sufficient to establish that the family member is in need of care and
an estimate of the frequency and duration of the leave required to care for the family member.

       If an employee requests leave on an intermittent or reduced leave schedule for planned
medical treatment of a family member’s serious health condition, the certification shall include
information sufficient to establish the medical necessity for such intermittent or reduced
schedule leave and an estimate of the dates and the duration of such treatments and any
periods of recovery.

        If an employee requests leave on an intermittent reduced leave schedule in order to care
for a family member with a serious health condition, the certification shall include a statement
that the employee's intermittent leave or leave on a reduced leave schedule is medically
necessary for the care of the son, daughter, parent, or spouse who has a serious health
condition, or will assist in their recovery, and the expected duration and schedule of the
intermittent leave or reduced leave schedule.

       If the employee submits a complete and sufficient certification signed by the health care
provider, the division may not request additional information from the health care provider.
However, the division may contact the health care provider for purposes of clarification and
authentication of the medical certification. To make such contact, the division must use a health
care provider, a human resources professional, a leave administrator, or a management official.
The employee’s direct supervisor may not contact the employee’s health care provider.

        If the school division doubts the validity of a certification, it may require, at its own
expense, that the employee obtain the opinion of a second health care provider designated or
approved by the school division concerning any information certified. The health care provider
designated or approved by the school division may not be employed by the school division on a
regular basis.

         If the second opinion differs from the original certification, the school division may
require, at its own expense, that the employee obtain the opinion of a third health care provider
designated or approved jointly by the school division and the employee concerning information
certified. The opinion of the third health care provider will be binding on both the school division
and the employee.

H.     Leave to Care for a Covered Servicemember

       If the necessity for leave is foreseeable based on planned medical treatment for a
serious injury or illness of a covered servicemember, the employee shall

       1.      make a reasonable effort to schedule the treatment so as not to disrupt unduly
the operations of the division; and

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5410-R
                                                                                     Page 9 of 13

        2.      provide the division with at least 30 days' notice, before the date the leave is to
begin, of the employee's intention to take leave. If the date of the treatment requires leave to
begin in less than 30 days, the employee shall provide such notice as is practicable.

      The employee’s notice should be sufficient to make the division aware that the employee
needs FMLA-qualifying leave and the anticipated timing and duration of the leave.

       The School Board may require that a request for leave to care for a covered
servicemember with a serious injury or illness be supported by a certification issued by a health
care provider of the covered serviceperson. The certification may be completed by a U.S.
Department of Defense (DOD) health care provider, a U.S. Department of Veterans Affairs (VA)
health care provider, a DOD TRICARE network authorized private health care provider, or a
DOD non-network TRICARE authorized health care provider. The employee shall provide, in a
timely manner, a copy of such certification to the school division.

       Certification will be sufficient if it states:

       1.      the name, address, and appropriate contact information (telephone number, fax
number, and/or e-mail address) of the health care provider, the type of medical practice, the
medical specialty, and whether the health care provider is one of the following: a (DOD) health
care provider, a United States Department of Veterans Affairs (VA) health care provider, a DOD
TRICARE network authorized private health care provider, or a DOD non-network TRICARE
authorized health care provider;

       2.      whether the covered servicemember’s injury or illness was incurred in the line of
duty on active duty;

        3.   the approximate date on which the serious health condition or serious injury or
illness commenced and its probable duration;

        4.      a statement or description of appropriate medical facts regarding the covered
servicemember’s health condition for which FMLA leave is requested. The medical facts must
be sufficient to support the need for leave; and

        5.     information sufficient to establish that the covered servicemember is in need of
care and whether the covered servicemember will need care for a single continuous period of
time, including any time for treatment and recovery, and an estimate as to the beginning and
ending dates for this period of time.

        If an employee requests FMLA leave on an intermittent or reduced leave schedule for
planned medical treatment appointments for the covered servicemember, the certification must
state that there is a medical necessity for the covered servicemember to have such periodic
care and must contain an estimate of the treatment schedule of such appointments.

        If an employee requests FMLA leave on an intermittent or reduced schedule basis to
care for a covered servicemember other than for planned medical treatment, the certification
must contain a statement that there is a medical necessity for the covered servicemember to
have such periodic care, and must contain an estimate of the frequency and duration of the
periodic care.

                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      File: 5410-R
                                                                                     Page 10 of 13

         In addition to the information listed above, the division may also request that the
certification set forth the information on Form WH-385 [Exhibit 5410-E(7)].

         In lieu of Form WH-385, the division will accept invitational travel orders (ITOs) or
invitational travel authorizations (ITAs) issued to any family member to join an injured or ill
servicemember at his or her bedside. An ITO or ITA is sufficient certification for the duration of
time specified in the ITO or ITA. During that time period, the employee may take leave to care
for the covered servicemember in a continuous block of time or on an intermittent basis.

        The information on the certification must relate only to the serious injury or illness for
which the current need for leave exists. The division may seek authentication or clarification of
the certification, ITO, or ITA but may not seek second or third opinions. The division may
require an employee to provide confirmation of covered family relationship to the seriously
injured or ill servicemember.

I.     Leave Related to a Qualifying Exigency arising from Active Duty or a Call to Active Duty

        If the necessity for leave because of a qualifying exigency arising from the fact that a
family member is on active duty or has been notified of an impending call to active duty is
foreseeable, the employee shall give such notice to the school division as is reasonable and
practicable. The employee’s notice should be sufficient to make the division aware that the
employee needs FMLA-qualifying leave and the anticipated timing and duration of the leave.

        The first time an employee requests leave because of a qualifying exigency arising out
of the active duty or call to active duty status of a covered military member, the division may
require the employee to provide a copy of the covered military member’s active duty orders or
other documentation issued by the military which indicates that the covered military member is
on active duty or call to active duty status in support of a contingency operation and the date of
the covered military member’s active duty service. A copy of new active duty orders or other
documentation issued by the military shall be provided to the division if the need for leave
because of a qualifying exigency arises out of a different active duty or call to active duty status
of the same or a different covered military member.

       A request for leave because of a qualifying exigency must be supported by

       1.      a statement or description signed by the employee of appropriate facts regarding
the qualifying exigency for which FMLA leave is requested. The facts must be sufficient to
support the need for leave;

     2.        the approximate date on which the qualifying exigency commenced or will
commence;

      3.      the beginning and ending dates of absence if the employee requests leave
because of a qualifying exigency for a single, continuous period of time;

      4.      an estimate of the frequency and duration of the qualifying exigency if the
employee requests leave because of a qualifying exigency on an intermittent or reduced
schedule basis; and


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5410-R
                                                                                       Page 11 of 13

       5.       if the qualifying exigency involves meeting with a third party, appropriate contact
information for the individual or entity with whom the employee is meeting and a brief
description of the purpose of the meeting.

       The division may use Form WH-384 [Exhibit 5410-E(6)] for this certification.

J.     Rules for Intermittent and Reduced Schedule Leave

         When permitted by the FMLA, intermittent and reduced schedule leave may be used
until the aggregate amount of such leave equals twelve weeks or 26 weeks if the leave is taken
to care for a covered servicemember in the employee’s rolling year. However, when the
employee requests intermittent or reduced schedule leave that is foreseeable based on planned
medical treatment the school division may temporarily transfer the employee to an available
alternative position with equivalent pay and benefits that better accommodates the employee’s
intermittent or reduced schedule leave.

        When an eligible employee employed principally in an instructional capacity requests
leave to care for a family member with a serious health condition, leave because of the
employee’s own serious health condition, or leave to care for a covered servicemember and the
leave is foreseeable based on planned medical treatment and the employee would be on leave
for greater than 20 percent of the total number of working days in the period during which the
leave would extend, the school division may require the employee to elect either

      1.     to take leave for periods of a particular duration, not to exceed the duration of the
planned medical treatment; or

        2.      to transfer temporarily to an available alternative position offered by the school
division for which the employee is qualified and that has equivalent pay and benefits and better
accommodates recurring periods of leave than the employee’s regular employment position.

      The school division may require an employee to make such an election when the
employee has

       1.      made a reasonable effort to schedule the treatment so as not to disrupt unduly
the operations of the division, subject to the approval of the health care provider; and

        2.      has provided the division with not less than 30 days’ notice before the date the
leave is to begin, of the employee’s intention to take leave, except that if the date of the
treatment requires leave to begin in less than 30 days, the employee shall provide such notice
as is practicable.

K.     Rules for Husband and Wife Employed by the School Division

        A husband and wife who are both eligible for family and medical leave and are employed
by the school division shall be granted family and medical leave only for a combined total of
twelve weeks per year when the leave is taken for the birth, foster placement, or adoption of a
child or to care for the child after birth, adoption, or foster placement or to care for a parent with
a serious health condition.


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5410-R
                                                                                       Page 12 of 13

       A husband and wife who are both eligible for family and medical leave and are employed
by the school division shall be granted family and medical leave only for a combined total of 26
workweeks per year if the leave

       1.      is taken to care for a covered servicemember; or

       2.      is taken as a combination of leave to care for a covered servicemember and
leave for the birth, foster placement, or adoption of a child or to care for the child after birth,
adoption, or foster placement or to care for a parent with a serious health condition. However, if
the leave taken by the husband and wife includes leave for the birth, foster placement, or
adoption of a child or to care for the child after birth, adoption, or foster placement or to care for
a parent with a serious health condition, the leave for that reason shall be limited to 12
workweeks per year.

L.     Benefits During Family and Medical Leave

       Employees on family and medical leave shall receive the group health insurance plan
coverage on the same conditions as coverage would have been provided if the employee had
been working during the period of leave. Other benefits shall be provided according to the
school division policy for paid or unpaid leave, whichever applies.

        If the employee fails to return to work when the period of leave to which he or she is
entitled expires for any reason other than the continuation, recurrence, or onset of a serious
health condition that entitles the employee to leave, or other circumstances beyond the
employee’s control, the school division may recover the premium it paid for maintaining the
employee’s coverage during the period of unpaid leave in accordance with federal law.

M.     Return to Work

       An employee on family and medical leave shall provide the division at least two work
days’ notice of the intent to return to work. The employee shall be returned to the same or
equivalent position at the end of the family and medical leave unless the division shows that the
employee would not otherwise have been employed at the time reinstatement is requested.

       The following return to work provisions apply to instructional employees:

       1.       If an instructional employee begins family and medical leave more than five (5)
weeks before the end of an academic term, the employee may be required to continue taking
leave until the end of the term if the leave is at least three (3) weeks in duration and the return to
work would occur during the last three (3) weeks of the academic term.

        2.      If an instructional employee begins family and medical leave (a) because of the
birth, adoption, or foster care placement of a son or daughter of the employee, (b) to care for a
family member with a serious health condition, or (c) to care for a covered servicemember
during the five (5) week period before the end of an academic term, the employee may be
required to continue taking leave until the end of the academic term if the leave is longer than
two (2) weeks in duration and the return to work would occur during the last two (2) weeks of the
academic term.


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                   File: 5410-R
                                                                                  Page 13 of 13

         3.     If an instructional employee begins family and medical leave (a) because of the
birth, adoption, or foster care placement of a son or daughter of the employee, (b) to care for a
family member with a serious health condition, or (c) to care for a covered servicemember
during the three (3) week period before the end of an academic term, the employee may be
required to continue taking leave until the end of an academic term if the leave is longer than
five (5) working days in duration.

       If an instructional employee is required to continue leave until the end of an academic
term, only the period of leave until the employee is ready and able to return to work shall be
counted against the family and medical leave entitlement. However, the division must continue
the group health insurance coverage under the same conditions as if the employee were
working.

N.     Outside Employment

       An employee who is on family and medical leave may not engage in employment for any
other employer or self-employment while on leave. Falsification of records and failure to correct
records known to be false are violations of this policy and will result in discipline which may
include termination from employment.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   29 U.S.C. §§ 207, 825.110, 825.600, 2601 et seq.

Cross Ref.:   5290    Short Term Leave Without Pay
              5300    Leave of Absence Without Pay
              5320    Health and Dental Care Benefits
              5410    Leave Without Pay for Family and Medical Purposes


[VSBA: GCBE]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                               File: 5410-E


            LEAVE WITHOUT PAY FOR FAMILY AND MEDICAL PURPOSES

                                    INFORMATIONAL

1.   Employee Rights and Responsibilities Under the Family and Medical Leave Act (WHD
     Publication 1420)

     Please note: a copy of this poster can be downloaded from
     http://www.dol.gov/esa/whd/regs/compliance/posters/fmlaen.pdf.

2.   Certification of Health Care Provider for Employee’s Serious Health Condition (Family
     and Medical Leave Act) (Form WH-380-E)

     Please note: a copy of the certification form can be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-380-E.pdf.

3.   Certification of Health Care Provider for Family Member’s Serious Health Condition (Family and
     Medical Leave Act) (Form WH-380-F)

     Please note: a copy of this form may be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-380-F.pdf.

4.   Notice of Eligibility and Rights & Responsibilities (Family and Medical Leave Act) (Form WH-
     381)

     Please note: a copy of this form may be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-381.pdf.

5.   Designation Notice (Family and Medical Leave Act) (Form WH-382)

     Please note: a copy of this form may be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-382.pdf.

6.   Certification of Qualifying Exigency for Military Family Leave (Family and Medical Leave Act)
     (Form WH-384)

     Please note: a copy of this form may be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-384.pdf.

7.   Certification for Serious Injury or Illness of Covered Servicemember—for Military Family Leave
     (Family and Medical Leave Act) (Form WH-385)

     Please note: a copy of this form may be downloaded from
     http://www.dol.gov/esa/whd/forms/WH-385.pdf.


Adopted:    December 8, 2009
__________________________________________________________________________________
__________________________________________________________________________________

                     CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5420
                                                                                       Page 1 of 2


                            APPEAL PROCESS FOR
          DEMOTION AND DISMISSAL PROCEDURE FOR SUPPORT POSITIONS

A.     Generally

       The purpose of this procedure is to provide an appeal process for all permanent full-time
and permanent part-time support personnel who are being recommended for dismissal or
demotion for disciplinary reasons during the term of their employment. This procedure shall not
apply to the nonrenewal of the contract of such employees, nor shall this procedure apply to
top-level administrative staff (directors and members of the Superintendent's senior staff),
temporary support employees, or to full-time and part-time support employees terminated or
demoted during the six-month probationary period of their employment.

B.     Procedure

       1.      The reasons for the action and an explanation of supporting facts shall be given
to the employee by his or her supervisor, the department head or another designated
administrator unless the employee has abandoned the position or is otherwise unavailable. The
employee shall be given the opportunity to present his or her reasons why the action should not
be taken. All information presented shall be considered by the supervisor in making his or her
decision.

        2.      The employee may appeal the decision by written request to the Superintendent,
or the Superintendent’s designee, within five working days of the decision. Failure to request a
hearing within the allotted time period will constitute a waiver to the right to a hearing. The
Superintendent or the Superintendent’s designee shall hold a hearing within ten working days of
receipt of the employee's request. Notice of the hearing shall be given orally or in writing to the
employee at least three calendar days before the hearing.

        3.     The employee and his or her supervisor may be represented by legal counsel at
the hearing. The hearing shall be private and the Superintendent or the Superintendent’s
designee shall have full discretion over the conduct of the hearing. However, the employee and
the supervisor may make opening statements, may present all material and relevant evidence,
including the testimony of witnesses, and may cross-examine all witnesses. Witnesses may be
questioned by the Superintendent or the Superintendent’s designee.

       4.      The Superintendent or the Superintendent’s designee shall give a written
decision within five working days after the completion of the hearing. The decision shall be
based on the evidence relevant to the issues produced at the hearing in the presence of each
party.

        5.     The School Board shall hear appeals of employer actions only when such actions
are initiated and taken by the Superintendent. In all other cases, the Superintendent or the
Superintendent’s designee shall provide the final appeal hearing.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5420
                                                                                    Page 2 of 2

        6.     Any employee charged by summons, warrant, information or indictment with a
felony, a crime of moral turpitude, or any offense involving the sexual molestation, physical or
sexual abuse, or rape of a child may be suspended without pay pending the disposition of such
charge and the above procedures shall not apply to such suspensions.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 22.1-79(6), 22.1-315.

Cross Ref.:   5281    Probationary Status for Classified/Support Staff
              5440    Employee Suspensions
              5460    Effect of Criminal Conviction or Founded Complaint of Child Abuse or
                      Neglect

              Appendix A, Section 19, Discipline


[VSBA: GDG; GDPD]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5430
                                                                                       Page 1 of 4


                   OMNIBUS TRANSPORTATION EMPLOYEE TESTING ACT

A.     Generally

       This policy is required by the Omnibus Transportation Employee Testing Act of 1991 and
the regulations promulgated thereto (49 C.F.R. Part 382) (the "federal regulations").

B.     Applicability

       This policy shall apply to every employee who operates a commercial motor vehicle and
who is required by federal law to have a commercial driver's license.

C.     Definitions

      1.      "Alcohol" means the intoxicating agent in beverage alcohol, ethyl alcohol or other
low molecular weight alcohol, including methyl and isopropyl alcohol.

        2.     "Alcohol use" means the consumption of any beverage, mixture, or preparation,
including any medication, containing alcohol.

        3.     "Commercial motor vehicle" means a motor vehicle that has a gross vehicle
weight rating of 26,001 or more pounds or is designed to transport 16 or more passengers,
including the driver.

       4.     "Driver" means any person who operates a commercial motor vehicle, including,
but not limited to, full-time, part-time, casual, intermittent and occasional drivers and, for
purposes of pre-employment/pre-duty testing, persons applying to be drivers.

       5.      "Performing a safety-sensitive function" means a driver is considered to be
performing a safety-sensitive function during any period in which he or she is actually
performing, ready to perform, or immediately available to perform any safety-sensitive function.

        6.      "Safety-sensitive function" means any of those on-duty functions set forth in 49
C. F. R. Part 39.5.2 On-Duty Time, paragraphs 1-7, including, but not limited to, waiting to be
dispatched; inspecting, servicing or conditioning a commercial motor vehicle; all driving time; all
time in or upon any commercial motor vehicle; all time loading and unloading a vehicle; and all
time repairing, obtaining assistance or remaining in attendance upon a disabled vehicle.

D.     Prohibitions

       1.      Alcohol concentration: No driver shall report for duty or remain on duty requiring
the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or
greater or while under the influence of or impaired by alcohol.

        2.     Alcohol possession: No driver shall be on duty or operate a commercial motor
vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as
part of a shipment.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5430
                                                                                       Page 2 of 4

        3.     On-duty and pre-duty use: No driver shall use alcohol while performing safety-
sensitive functions, or perform safety-sensitive functions within four (4) hours after using
alcohol.

        4.     Refusal to submit to tests: No driver shall refuse to submit to an alcohol or
controlled substance test.

        5.      Controlled substances use: No driver shall report for duty or remain on duty
requiring the performance of safety-sensitive functions when the driver uses any controlled
substance, except when the use is pursuant to the instructions of a physician who has advised
the driver that the substance does not adversely affect the driver's ability to safely operate a
commercial motor vehicle. No driver shall report for duty, remain on duty or perform a safety-
sensitive function, if the driver tests positive for controlled substances.

E.     Pre-Employment Testing

        1.      Prior to the first time a driver performs safety-sensitive functions for the School
Board, he or she shall undergo testing for alcohol and controlled substances. No driver will be
permitted to perform a safety-sensitive function unless the alcohol test results are 0.04 or less
and the controlled substances test is negative. A driver whose alcohol test results are between
0.02 and 0.04 cannot perform safety-sensitive functions until the next regularly scheduled duty
period, but in no event less than 24 hours after the test.

      2.    Alcohol and controlled substances tests may be waived by the School Board for
employees who have previously undergone testing as provided in the federal regulations.

F.     Post-Accident Testing

         1.   As soon as practical after an accident, the School Board will test for alcohol and
controlled substances any driver who (i) receives a ticket arising from the accident, or (ii) was
performing safety-sensitive functions with respect to the vehicle, if the accident involved the loss
of life.

       2.     A driver who is subject to post-accident testing shall remain readily available for
such testing and shall not use alcohol for eight (8) hours after the accident or until he or she
undergoes the alcohol test, whichever occurs first.

G.     Random Testing

        All drivers shall be subject to unannounced random alcohol and controlled substances
tests. A driver who is notified of selection for random testing must proceed to the test site
immediately, unless the driver is performing a safety-sensitive function, in which case the driver
shall proceed to the site as soon as possible after ceasing to perform the function.

H.     Reasonable Suspension Testing

       A driver shall be subject to alcohol or controlled substances testing when there is
reasonable suspicion to believe the driver has violated the prohibitions in paragraphs D.1., 3.,
and 5. of this policy.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         File: 5430
                                                                                        Page 3 of 4

I.     Return-to-Duty Testing

        Before a driver returns to duty requiring the performance of a safety-sensitive function
after violating paragraph D. of this policy shall undergo an alcohol test with a result indicating an
alcohol concentration of less than 0.02 or a controlled substances test with a negative result.

J.     Follow-up Testing

        A driver who violates paragraph D. of this policy and who is determined pursuant to this
policy to be in need of assistance in resolving problems associated with alcohol misuse and for
use of controlled substances shall be subject to unannounced follow-up alcohol as well as
controlled substances testing as directed by a substance abuse professional.

K.     Referral, Evaluation and Treatment

        1.      A driver who violates paragraph D. of this policy shall be advised of the
resources available to him/her in evaluating and resolving problems associated with the misuse
of alcohol and the use of controlled substances. A driver identified as needing assistance in
resolving such problems shall be evaluated by a substance abuse professional to determine
that the driver has properly followed any prescribed rehabilitation program. The evaluation and
rehabilitation shall be provided by substance abuse professionals approved by the School
Board and paid for by the driver.

       2.     The provisions of this paragraph shall not apply to applicants for driver positions
who violate paragraph D. of this policy. Such persons shall not be employed.

L.     Miscellaneous

       1.     The Superintendent shall promulgate procedures for complying with this policy
and the federal regulations and shall provide copies of this policy and the procedures to each
employee subject to this policy.

        2.      Each employee subject to this policy will sign a certificate of acceptance and
consent to disclosure form acknowledging receipt of the policy and regulations and consenting
to the disclosure by his or her former employer of information on the employee's alcohol tests
with a concentration result of 0.04 or greater, positive controlled substances test results, and
refusals to be tested, within the preceding two years.

       3.     Nothing in this policy shall prohibit the dismissal or other disciplinary action
against an employee pursuant to any other policy, regulation, ordinance or law. This policy is
intended to supplement, and not supplant, any such other policy, regulation, ordinance or law.


Adopted:   December 8, 2009
____________________________________________________________________________
____________________________________________________________________________




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                 File: 5430
                                                                Page 4 of 4

Legal Ref.:   Code of Virginia, 1950, as amended, § 22.1-178.

              8 VAC 20-70-280.

              49 U.S.C. §§ 31131, 31132, 31135, 311136.

              49 C.F.R. Part 382.101 et seq.

Cross Ref.:   5080        Health Requirements
              5380/5380-R Drug and Alcohol-Free Workplace
              5440        Employee Suspensions

              Appendix A, Section 19, Discipline


[VSBA: GDQ]




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           File: 5440
                                                                                          Page 1 of 2


                                   EMPLOYEE SUSPENSIONS

Grounds and Procedure for Suspension

        A.        A teacher or other public school employee, whether full-time or part-time,
permanent, or temporary, may be suspended for good and just cause when the safety or
welfare of the division or the students therein is threatened or when the teacher or school
employee has been charged by summons, warrant, indictment or information with the
commission of a felony; a misdemeanor involving (i) sexual assault as established in Article 7 (§
18.2-61 et seq.) of Chapter 4 of Title 18.2 of the Code of Virginia, (ii) obscenity and related
offenses as established in Article 5 (§ 18.2-372 et seq.) of Chapter 8 of Title 18.2 of the Code of
Virginia (iii) drugs as established in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 of the
Code of Virginia (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child; or
an equivalent offense in another state. Except when a teacher or school employee is suspended
because of being charged by summons, warrant, indictment or information with the commission
of one of the above-listed criminal offenses, the Superintendent or his appropriate central office
designee shall not suspend a teacher or school employee for longer than sixty days and shall
not suspend a teacher or school employee for a period in excess of five days unless such
teacher or school employee is advised in writing of the reason for the suspension and afforded
an opportunity for a hearing before the School Board in accordance with Va. Code §§ 22.1-311
and 22.1-313, if applicable. Any teacher or other school employee so suspended shall continue
to receive his or her then applicable salary unless and until the School Board, after a hearing,
determines otherwise. No teacher or school employee shall be suspended solely on the basis of
his or her refusal to submit to a polygraph examination requested by the School Board.

       B.      Any school employee suspended because of being charged by summons,
warrant, information or indictment with one of the offenses listed herein above may be
suspended with or without pay. In the event any school employee is suspended without pay, an
amount equal to his or her salary while on suspended status shall be placed in an interest-
bearing demand escrow account. Upon being found not guilty of one of the offenses listed
herein above or upon the dismissal or nolle prosequi of the charge, such school employee shall
be reinstated with all unpaid salary and accrued interest from the escrow account, less any
earnings received by the school employee during the period of suspension, but in no event shall
such payment exceed one year’s salary.

       C.     In the event any school employee is found guilty by an appropriate court of one
of the offenses listed herein above and, after all available appeals have been exhausted and
such conviction is upheld, all funds in the escrow account shall be repaid to the School Board.

       D.     No school employee shall have his or her insurance benefits suspended or
terminated because of such suspension in accordance with this section.

       E.       Nothing in this section shall be construed to limit the authority of a School Board
to dismiss or place on probation a teacher or school employee pursuant to Article 3 (§§ 22.1-
306 et seq.) of the Code of Virginia.

      F.       For the purposes of this section, the placing of a school employee on probation
pursuant to the terms and conditions of Va. Code § 18.2-251 shall be deemed a finding of guilt.

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                File: 5440
                                                                               Page 2 of 2

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 18.2-251, 19.2-83.1, 389, 22.1-296.1,
              22.1-296.4, 22.1-315.

Cross Ref.:   5030          Professional Ethics
              5320          Health and Dental Care Benefits
              5380/5380-R   Drug and Alcohol-Free Workplace
              5420          Appeal Process for Demotion and Dismissal Procedure for
                            Support Positions
              5460          Effect of Criminal Conviction of Founded Complaint of Child
                            Abuse and Neglect


[VSBA: GCDA; GCPD]




                      CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5450


                                 EMPLOYEE RESIGNATIONS

       The School Board authorizes the Superintendent to accept any employee resignation.
Consistent with state law, the following provisions will apply specifically to teachers.

        1.    A teacher may resign after April 15th of any school year only with the approval of
the Superintendent. The teacher shall request release of contract at least two weeks in advance
of intended date of resignation. Such request shall be in writing and shall set forth the cause of
resignation.

        2.      The teacher may withdraw the resignation, provided the withdrawal is in writing
and is received by the Superintendent within one week of the submission of the resignation.
After the expiration of the one-week period, the Superintendent shall notify the School Board of
his or her decision to accept or reject the resignation. The School Board may, within two weeks
thereafter, reverse the decision of the Superintendent.

       3.      In the event that the School Board or the Superintendent declines to grant the
teacher’s request for release on the grounds of insufficient or unjustifiable cause, and the
teacher breaches such contract, disciplinary action, which may include revocation of the
teacher’s license, may be taken pursuant to regulations prescribed by the State Board of
Education.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:    Code of Virginia, 1950, as amended, § 22.1-304.

Cross Ref.:    5090   Continuing Contract

               Appendix A, Section 19, Discipline


[VSBA: GCPB]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        File: 5460
                                                                                       Page 1 of 3


                        EFFECT OF CRIMINAL CONVICTION
                OR FOUNDED COMPLAINT OF CHILD ABUSE OR NEGLECT

A.     Generally

       The School Board will not hire or continue the employment of any part-time, full-time,
temporary, or permanent personnel who are determined to be unsuited for service by reason of
criminal conviction or information appearing in the registry of founded complaints of child abuse
and neglect maintained by the State Department of Social Services.

B.     Applicants for Employment

       1.      Criminal Convictions

        As a condition of employment for all of its public school employees, whether full-time or
part-time, permanent, or temporary, the School Board shall require on its application for
employment certification (i) that the applicant has not been convicted of a felony or any offense
involving the sexual molestation, physical or sexual abuse or rape of a child; and (ii) whether the
applicant has been convicted of a crime of moral turpitude.

        The School Board shall also require on its application for employment, as a condition of
employment requiring direct contact with students, whether full-time or part-time, permanent, or
temporary, certification that the applicant has not been the subject of a founded case of child
abuse and neglect. Any person making a materially false statement regarding a finding of child
abuse and neglect shall be guilty of a Class 1 misdemeanor, and upon conviction, the fact of
said conviction shall be grounds for the State Board of Education to revoke such person's
license to teach.

        As a condition of employment, any applicant who is offered or accepts employment,
whether full-time, part-time, permanent or temporary with the School Board shall submit to
fingerprinting and provide personal descriptive information. The information and fingerprints
shall be forwarded through the Central Criminal Records Exchange to the Federal Bureau of
Investigations for the purpose of obtaining criminal history record information on applicants who
are offered or accept employment.

       To conserve the costs of conducting criminal history record checks to applicants and
school boards, upon the written request of the applicant, the School Board shall inform another
school board with which reciprocity has been established and to which the applicant also has
applied for employment of the results of the criminal history record information conducted within
the previous ninety days that it obtained concerning the applicant. Criminal history record
information pertaining to an applicant for employment by a school board shall be exchanged
only between school boards in the Commonwealth in which a current agreement of reciprocity
for the exchange of such information has been established and is in effect. Reciprocity
agreements shall provide for the apportionment of the costs of the fingerprinting or criminal
records check between the applicant and School Board as provided by statute.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       File: 5460
                                                                                      Page 2 of 3

       If an applicant is denied employment because of information appearing on his or her
criminal history record, the School Board shall provide a copy of the information provided by the
Central Criminal Records Exchange to the applicant.

       2.      Founded Complaints of Child Abuse or Neglect

        The School Board requires, as a condition of employment, that any applicant who is
offered or accepts employment requiring direct contact with students, whether full-time or part-
time, permanent or temporary, provide written consent and the necessary personal information
for the School Board to obtain a search of the registry of founded complaints of child abuse and
neglect. The registry is maintained by the State Department of Social Services. The School
Board shall ensure that all such searches are requested in conformance with the regulations of
the State Board of Social Services. In addition, where the applicant has resided in another state
within the last five years, the School Board requires as a condition of employment that such
applicant provide written consent and the necessary personal information for the School Board
to obtain information from each relevant state as to whether the applicant was the subject of a
founded complaint of child abuse and neglect in such state. The School Board shall take
reasonable steps to determine whether the applicant was the subject of a founded complaint of
child abuse and neglect in the relevant state. Such reasonable steps shall include, but not be
limited to, contacting any central child abuse and neglect registry maintained by the relevant
state. The State Department of Social Services shall maintain a database of central child abuse
and neglect registries in other states for use by local school boards. The applicant may be
required to pay the cost of any search conducted pursuant to this subsection at the discretion of
the School Board. From such funds as may be available for this purpose, however, the School
Board may pay for the search.

       If the information obtained pursuant to the preceding paragraph indicates that the
applicant is the subject of a founded case of child abuse and neglect, such applicant shall be
denied employment, or the employment shall be rescinded.

        If an applicant is denied employment because of information appearing on his record in
the registry, the School Board shall provide a copy of the information obtained from the registry
to the applicant. The information provided to the School Board by the State Department of
Social Services shall be confidential and shall not be disseminated by the School Board.

C.     Employee Charges and Convictions

       An employee who is charged by summons, warrant, indictment, or information with the
commission of a felony or a misdemeanor specified in Va. Code § 22.1-315 may be suspended
in accordance with Policy 5440, Employee Suspensions.

        If a current employee is suspended or dismissed because of information appearing on
his/her criminal history record, the School Board shall provide a copy of the information provided
by the Central Criminal Records Exchange to the employee.

        The Superintendent shall inform the School Board of any notification of arrest of a
School Board employee received pursuant to Va. Code §19.2-83.1. The School Board shall
require such employee, whether full-time or part-time, permanent, or temporary, to submit to


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     File: 5460
                                                                                    Page 3 of 3

fingerprinting and to provide personal descriptive information to be forwarded along with the
employee's fingerprints through the Central Criminal Records Exchange to the Federal Bureau
of Investigation for the purpose of obtaining criminal history record information regarding such
employee. The contents of the employee’s criminal record shall be used only to implement
dismissal, suspension or probation in accordance with Va. Code §§ 22.1-307 and 22.1-315.

      For purposes of this policy, a court’s placing an individual on probation pursuant to Va.
Code § 18.2-251 shall be treated as a conviction and as a finding of guilt.

       The School Board shall pay for the fingerprinting, criminal record check and abuse and
neglect check conducted pursuant to this policy.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Legal Ref.:   Code of Virginia, 1950, as amended, §§ 19.2-83.1, 19.2-389, 22.1-296.1, 22.1-
              296.2, 22.1-296.4, 22.1-315, 63.2-1515.

Cross Ref.:   5420    Appeal Process for Demotion and Dismissal Procedure for Support
                      Positions
              5440    Employee Suspensions
              6133    Sex Offender Registry Notification


[VSBA: GCDA]




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                    APPENDIX A

                      PROCEDURES RELATING TO PERSONNEL

Section 1    Definitions of Employee Divisions
Section 2    EEO/Affirmative Action Plan
Section 3    Vacancy Announcements
Section 4    Application
Section 5    Screening
Section 6    Selection
Section 7    Contracts
Section 8    Compensation Plan
Section 9    Employment in More than One Position
Section 10   Classifications of Employment
Section 11   Workday and Workweek
Section 12   Work Hours
Section 13   Transfers
Section 14   Holidays
Section 15   Workers’ Compensation and Job-Related Injury Leave
Section 16   Blood Borne Contagious or Infectious Diseases
Section 17   Personal Appearance and Demeanor
Section 18   Absenteeism and Tardiness
Section 19   Discipline
Section 20   Performance Evaluation
Section 21   Information Pertaining to the Fair Labor Standards Act
Section 22   Guidelines for Writing Job Descriptions
Section 23   Procedures for Payment of Athletic Supplements to Non-Exempt, Non-CCPS
             Employees




                     CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 1


                            DEFINITION OF EMPLOYEE DIVISIONS

       For purposes of clarification, policy application, and organization, except as may be
expressly provided otherwise in specific policies, employees of Chesterfield County Public
Schools are grouped into two basic divisions: teachers and support/classified.

A.     Teachers

       Professional employees of the division who hold a current teaching license issued by the
State Department of Education (DOE), who are employed on a contractual basis by the division,
and who are paid on the Teacher Salary Scales. Such positions are exempt as defined by Fair
Labor Standards Act (FLSA).

B.     Support/Classified

       Support/classified employees, with few exceptions, occupy positions found on the Graded
Pay Plan. Support/classified employees are divided into two categories:

        1.      Administrative/Professional/Supervisory - Employees of the division normally
categorized as individuals holding administrative, executive, managerial, professional, or
supervisory positions. Occupational therapists, physical therapists, and other similarly uniquely
qualified state licensed individuals who are not required to have DOE certification are also
included in this category. Individuals assigned to this class are generally exempt employees as
defined by the FLSA.

       2.      Individuals assigned to this category who are generally non-exempt employees
as defined by the FLSA, and includes employees who are not categorized as "teacher" or
"administrative/professional/supervisory".


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5090    Continuing Contracts
              5350    Teachers’ Duties and Responsibilities

              Appendix A, Section 21, Information Pertaining to the Fair Labor Standards Act




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         Section 2
                                                                                        Page 1 of 4


                               EEO/AFFIRMATIVE ACTION PLAN

       The School Board has adopted Policy 5040, Equal Employment Opportunity and
Affirmative Action Plan.

         In keeping with this policy, the division will continue to recruit, hire, train, and promote
into all job levels the best-qualified persons without regard to race, color, religion, gender, age,
national origin, or disability status. Similarly, all other personnel matters such as compensation,
benefits, placement, transfers, layoffs, terminations, and special programs will continue to be
administered in accordance with School Board policy.

      The School Board believes that affirmative action is essential to facilitate equal
employment opportunities and, for that reason, establishes the following affirmative action
procedures.

Dissemination of EEO Policy and Affirmative Action Plan

        The division will continue to make its equal employment opportunity policy and these
affirmative action procedures known by internal and external dissemination practices as outlined
below:

   •   Including the policy in the School Board Policy Manual and these procedures in this
       Appendix. Publicizing the policy in the internal publications.

   •   Meeting with senior staff members, administrators and supervisory personnel to explain
       the intent of the policy and individual responsibilities for effective implementation.

   •   Meeting with non-management and non-supervisory employees to discuss the policy
       and explain individual employee responsibilities.

   •   Explaining the policy thoroughly in employee orientation programs.

   •   Posting the policy on bulletin boards.

   •   Picturing minority and non-minority men and women in internal/external publications
       where employees are featured.

   •   Making employees aware of the existence of these affirmative action procedures and the
       benefits available to them.

   •   Including a nondiscrimination clause "Equal Employment Employer" on all stationery,
       publications, and vacancy notices.

   •   Notifying employee associations of these affirmative action procedures.




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 2
                                                                                     Page 2 of 4

   •   Informing all recruiting sources, verbally and in writing of these affirmative action
       procedures and encouraging them to recommend quality applicants.

   •   Notifying in writing minority and women's organizations, community agencies, and
       community leaders of these affirmative action procedures.

   •   Informing prospective employees of the existence of these affirmative action procedures
       and the benefits available to them.

   •   Incorporating the equal employment opportunity policy in purchase orders, leases, and
       contracts, as appropriate.

Coordinator of EEO

      The Director of Human Resources is hereby designated as the Coordinator of EEO and
has the following responsibilities relating to the EEO policy and these affirmative action
procedures:

   •   Developing EEO compliance statements and internal and external communication.

   •   Identifying problem areas.

   •   Assisting administrators in arriving at solutions to problems.

   •   Designing and implementing auditing and reporting systems to measure the
       effectiveness of the policy and these affirmative action procedures, indicate any need for
       additional action, and determining the degree to which the goals and objectives are
       being attained.

   •   Serving as liaison between the Chesterfield County Public Schools and enforcement
       agencies.

   •   Keeping management informed of the latest developments in the equal employment
       opportunity areas.

   •   Meeting with building principals and department supervisors to make certain the equal
       employment opportunity policy is being followed.

   •   Plan and provide training with staff development to all office directors, managers and
       supervisors who are involved in the screening and selection process.

   •   Assist employees in utilizing the grievance and complaint procedures as needed.

School/Department Administrators and Supervisors

      All building principals and department administrators and supervisors have the following
responsibilities:


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 2
                                                                                      Page 3 of 4

   •   Assisting the coordinator in the identification of problem areas and in the establishment
       of school and department goals and objectives.

   •   Monitoring to be certain that policies are being followed.

   •   Reviewing the qualifications of all employees to ensure that minorities and women are
       given full opportunities for transfers and promotions.

   •   Ensuring that equal employment opportunity posters are properly displayed.

   •   Encouraging minority and female employees to participate in all the sponsored
       educational, training, recreational, and social events.

Commitment

       In order to ensure equal employment opportunities, the division is committed to:

   •   The development of position descriptions for every position which accurately reflect
       position functions.

   •   The review and evaluation of selection processes.

   •   An expansion of recruitment sources to ensure the fullest pool of minority and women
       applicants for all job categories.

   •   Compliance with the established selection process and procedures.

   •   Providing training in interview skills for employees who are responsible for the selection
       of employees.

   •   Achieving the goals established for schools and departments.

   •   Providing staff development programs that will enable employees to fulfill the requirements
       in their present jobs in addition to preparing them for increased responsibility as
       promotional opportunities become available.

Complaint Procedure

        Any employee alleging discrimination on the basis of race, gender, religion, age, national
origin, or disability conditions may file a written complaint with the Department of Human
Resources within fifteen (15) days of the alleged discriminatory act. The Director of Human
Resources or his/her designee will process the complaint and investigate the charge.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                               Section 2
                                                                              Page 4 of 4

Cross Ref.:   1011        Nondiscrimination
              2150        Staff Communications
              5040        Equal Employment Opportunity and Affirmative Action Plan
              5050        Title IX Education Amendments of 1972
              5060        Sexual Harassment
              5150-R      Procedure for Adjusting Grievances: Teachers
              5420        Appeal Process for Demotion and Dismissal for Support Positions




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                          Section 3


                                 VACANCY ANNOUNCEMENTS

A.     Generally

       To ensure that the filling of positions is within budget parameters, vacancies will be filled
according to established policies and procedures. The principal or department administrator is
responsible for initiation of action to fill a new position or a position vacated by an employee's
departure. This latter action is instituted upon receipt of the letter or notice of separation.

       Letters of separation should be addressed to the Department of Human Resources with
a copy to the appropriate principal or department administrator. If the letter is received at the
school/department level, the appropriate personnel specialist must be advised by telephone and
promptly sent a copy of the letter.

B.     Posting of Vacancies

      The Department of Human Resources shall be responsible for preparing posting
vacancy announcements on the division Internet/Intranet websites.

         The vacancy announcement contains the position title, position control number,
department/school location, salary range, general description, required knowledge, skills and
abilities, availability date, closing date of announcement, application instructions, and other
pertinent information.

       Announcements shall be posted for a minimum of five workdays.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:    5070    Employee Selection
               5450    Employee Resignations




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  Section 4


                                      APPLICATION

      Individuals who are interested in and meet the qualifications for a position with
Chesterfield County Public Schools shall submit a completed application and other required
documents to the Department of Human Resources. Applicants who fail to provide the
necessary documents will not be considered.

        The Department of Human Resources is responsible for the distribution and processing
of all applications. The application and all allied papers become the property of the School
Board.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5070   Employee Selection




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 5


                                         SCREENING

        The primary objective in screening is to match the application qualifications to position
requirements. The credentials and other data shall be reviewed, and a selected number of the
highest-ranking applicants, as determined by the personnel administrator, shall be interviewed.
In addition to interviews conducted by the personnel administrator, teacher applicants may also
be interviewed by subject area specialists, supervisors, or other designated persons to determine
competency within the content area or the level of expertise of the candidate. Applicants for
other positions may be interviewed by selected administrative personnel.

       The Department of Human Resources will ensure that candidates meet the qualification
standards of the position.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5070    Employee Selection




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                  Section 6


                                       SELECTION

       As vacancies occur, the Department of Human Resources will ensure that all eligible
applications are subjected to a screening process and will coordinate the interview process
with the respective hiring administrator. Offers of employment will be made by the Human
Resources Department conditioned upon School Board approval.

       Candidates not selected for specific positions will be notified in writing as soon as
practicable after an offer has been made and accepted.


Adopted:    December 8, 2009
___________________________________________________________________________
___________________________________________________________________________

Cross Ref.:   1020   Duties and Powers
              5070   Employee Selection




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 7
                                                                                    Page 1 of 2

                                        CONTRACTS

A.     Generally

       Once a final determination has been made and all contract and compensation
determinations have been approved, the Department of Human Resources has the sole
responsibility of making the job offer to the candidate. Contracts in compliance with
requirements of the State Department of Education shall be issued by the Department of
Human Resources. Letters of employment may be offered to individuals prior to the issuance
of a contract. Only the School Board, by action duly taken within the parameters established
by law, has the authority to contractually obligate itself.

B.     Annual Contracts

       Annual contracts are issued to all new teachers, principals, assistant principals, and
supervisors who do not qualify for a continuing contract.

       Length of Probationary Period – For teachers, a probationary term of full-time
employment under an annual contract for three years in the division is required prior to the
issuance of a continuing contract. When continuing contract status has been attained in
another school division in Virginia, a probationary period not exceeding one year is required in
Chesterfield County Public Schools.

        Calculation of Term – For the purpose of calculating the three years of service required
to attain continuing contract status, at least 160 contractual teaching days during the school
year shall be deemed the equivalent of one year.

       Probationary Period for Principal or Supervisor - A person employed as a principal or
supervisor, including a person who has previously achieved continuing contract status as a
teacher, shall serve three years in such position in the division before acquiring continuing
contract status as a principal or supervisor.

       Probationary Period When Person Separates from Service - If a teacher, principal, or
supervisor separates from service during his or her probationary period and does not return to
service in the same school division by the beginning of the year following the year of
separation, such person shall be required to begin a new probationary period.

C.     Continuing Contracts

       Only persons employed in a regular full-time position by the School Board as a
teacher, assistant principal, principal, or supervisor shall be eligible for continuing contract
status. If a teacher who has attained continuing contract status separates from service and
does not return to teaching in Virginia public schools for a period longer than two years, such
person shall be required to begin a new three-year probationary period.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                         Section 7
                                                                        Page 2 of 2

Cross Ref.:   1020   Duties and Powers
              2030   Role and Duties of the Superintendent
              5090   Continuing Contract
              5281   Probationary Status for Classified/Support Staff




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 8
                                                                                       Page 1 of 8


                                     COMPENSATION PLAN

        It is the policy of the School Board and County Government to establish and maintain a
coordinated compensation system that is internally and externally equitable, that will allow
Chesterfield County Public Schools to attract, motivate and retain highly qualified employees at
all levels of service, and that is consistent with budgetary and other fiscal restraints (Policy
5400).

A.     General Principles

         Compensation of employees of the division will be based on the salary schedules
developed in the annual compensation plan. These guidelines are intended to cover most
compensation actions for which the Superintendent is responsible. Those not specifically
covered shall be interpreted by the Superintendent or the Superintendent’s designee. Deviation
from specified compensation practices due to exceptional circumstances requires approval by
the Superintendent or the Superintendent’s designee. It is the responsibility of the Department
of Compensation and Benefits to establish, maintain, implement and administrator the
compensation system. This includes continuous monitoring of compensation paid by external
market organizations through market surveys and evaluation of internal equity issues.
Adjustments to the salary schedules, regrades or reclassification of positions are recommended
to the Superintendent. Employees shall not be entitled to additional experience credit or
retroactive salary adjustments as a result of a change in compensation policies or the
employee’s failure to include all prior experience at the time of hire. Corrections to salary errors
will be retroactive to the position start date within the school year that the error is detected.

B.     Salary Structure

        The annual compensation plan adopted by the School Board will provide the general
framework for the salary structure. Market rates, or the estimate of wage rates that are
generally acceptable in the external labor market for a given job or occupation, are determined
from evaluation data from a number of sources, both private and public, by conducting salary
surveys with other employers of similar positions or occupations. Positions are assigned to a
salary range by job evaluation, a formal study determining the value of the specific duties and
responsibilities. Similar positions are grouped into job classes and assigned a specific salary
range on the graded pay plan salary scale.

C.     Salary Increases

        Annual salary adjustments and salary structure adjustments are based on the
relationship to the external market and the availability of funds. Such an adjustment would
usually be a uniform percentage change in all dollar values of all salaries within the grade and
granted to every employee who has performed satisfactorily during the previous school year
and has not exceeded the maximum of their salary range. This type of adjustment is also
known as a general increase or an across-the-board increase. The effective date of the annual
increase is usually an employee's start date for the upcoming school year. Annual salary
increases for part-time teachers and teachers hired at the end of the school year may vary
depending on experience placement.


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 8
                                                                                      Page 2 of 8

       1.     Longevity - Graded Pay Plan: Graded Pay Plan employees may exceed the
maximum of their salary range for one year only; and thereafter, will only receive a longevity
increase which represents half of an approved across-the-board increase. Actual salaries are
compared to salary ranges effective within the current school year. Future salary increases will
be based on salary ranges in place at that time.

       2.     Longevity - Teacher Salary Schedule: Once a teacher reaches the top of their
pay scale, they remain on the top step and thereafter, will only receive a longevity increase
which represents half of an approved across-the-board increase.

D.     Payment for Intra and Extracurricular Activities, Teaching an Extra Class, FTE Allocation
       for Split MS/HS Teaching Positions and Teacher Travel

         Teachers and other employees can receive a monetary supplement that shall be
separate and apart from the employees’ benefits base pay for athletic and other extracurricular
activities and shall be compensated in accordance with the established teaching, athletic and
academic salary schedules. As supplemental pay is separate and apart from the employee’s
benefits base salary, it is not included in determining retirement earnings. The VRS benefit
base shall not include any overtime, temporary pay or pay for extra duties. A teacher who
receives additional pay for teaching a class that is (i) in excess of the number of classes
prescribed by State Board of Education Regulations and (ii) is taught by the teacher for the
entire time of the school year for which the class exists, shall have such additional pay included
in the teacher's VRS benefit base (an additional class for middle schools is a seventh class; for
high school, it is a sixth class). An employee can only be compensated for working one job at a
time. For example, an employee who is compensated for driving a school bus to a planned
activity can receive compensation for that time; however, if the employee is also performing a
coaching activity, he/she cannot receive payment for the waiting time both as a coach and as a
driver.

       Middle School/High School Split Position Staffing: Three middle school and three high
school classes equal one full-time equivalent. One middle school and four high school classes
equal one full-time equivalent.

        Teacher Travel: If a teacher must travel between schools during a school day, no duty
period is to be assigned to this teacher. Any adjustment to this arrangement must be requested
by the school principal and then authorized by the personnel administrator and instructional
director.

E.     Salary Placement on Graded Pay Scale

        The placement of new employees on the appropriate salary schedule is administered
within the following guidelines:

       1.      New employees are normally placed on the graded pay schedule with
consideration given to experience and internal alignment of existing personnel.

       2.      New employees can be given up to three years credit of non-job related
experience for active service in the U.S. Armed Forces.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 8
                                                                                      Page 3 of 8

      3.      At no time can the placement of a new employee exceed the salary range
maximum.

      4.      New employee salary offers above the midpoint of the salary range require
approval by the Superintendent or the Superintendent’s designee.

       5.      New employees will be granted year for year experience for full-time employment
with Chesterfield County Government.

         6.      New employees can be given a full year of credit in any approved experience
area if the individual worked at least one-half of the contract year.

       7.      New employees hired as facilities coordinators will be granted one year of
experience for every two years of full-time trades related experience.

       8.      New employees hired into skilled or unskilled trades positions will be granted
year for year experience for full-time related commercial employment and one year for every
two years of full-time related residential employment.

       9.       Current employees on the graded pay plan below the Superintendent level may
receive an in-grade adjustment for possession of a doctorate degree related to their job
assignment (doctorate in field); or for the following approved certifications: Psychologists –
National Association of School Psychologists (NASP), School Social Workers – National
Association of School Social Workers (NASSW). The effective date is normally the date of
conferral of the certificate or degree.

       10.    No credit for substitute or apprenticeship experience will be given.

F.     Placement of Teachers

        The placement of new teachers on the appropriate salary schedule is administered
within the following guidelines:

       1.      Newly hired teachers will be given credit for teaching experience on a year-for-
year basis, provided the teaching experience is full-time and is:

              a.     in a public school in the United States, including resident public schools;

               b.     college or university teaching, provided the college/university is
accredited by the State Department of Education;

              c.     in a U.S. military post dependent school; or

               d.     in an accredited private school in the United States, provided the school
is accredited at time of employment by the State Board of Education in the state that such a
school is located.




                       CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 8
                                                                                       Page 4 of 8

        2.     Newly hired teachers in the field of vocational education, where the requirement
calls for occupational work experience beyond the apprentice level, will be given credit for one
year of teaching experience for each two years of work experience.

        3.      Newly hired teachers can be given up to three years of experience credit for
active service in the U.S. Armed Forces.

       4.     Newly hired teachers can be given a full year of credit in any approved
experience area if the individual worked at least one-half of the contract year.

       5.     Newly hired teachers can also be given a full year of credit in any approved
experience area through a one year combination of full-time equivalent contractual teaching
experience.

       6.     Newly hired teachers can be given credit for having attained a master’s or
doctorate degree related to their job assignment (doctorate in field), provided the degree is from
a school recognized as an accredited institution by the State Department of Education.

       7      Newly hired speech therapists can be given credit for having attained their
master’s degree and Certificate of Clinical Competency (CCC) or having attained a doctorate
degree related to their job assignment (doctorate in field) and Certificate of Clinical Competency
(CCC).

        8.     Chesterfield County Public Schools guarantees proposed state contribution for
teachers who have achieved National Board Certification. Teachers with National Board
Certification will receive a one-time $5,000 supplement and a $2,500 annual supplement
thereafter for the life of the certificate. Current CCPS teachers who complete the National
Board Certification process through CCPS and meet DOE eligibility criteria will receive a $2,500
award administered through the Professional Development Office.

      9.       At no time can the placement of a new teacher exceed the salary schedule
maximum.

        10.     Current teachers can be given credit for having attained a master’s or doctorate
degree related to their job assignment (doctorate in field), provided the degree is from a school
recognized as an accredited institution by the State Department of Education. Current speech
therapists can be given credit for having attained their master’s degree and Certificate of Clinical
Competency (CCC) or having attained a doctorate degree related to their job assignment
(doctorate in field) and Certificate of Clinical Competency (CCC). The effective date is normally
the date of conferral of the certificate or degree. T-Dean of Students are placed one degree
level higher on the teacher’s salary schedule while assigned to the position (example: T-dean of
students with bachelor’s degree is placed on master’s degree scale).

       11.     No credit for substitute or apprenticeship experience will be given.

G.     Movement on the Salary Schedule for Less Than Full-Time Teachers




                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 8
                                                                                      Page 5 of 8

       Teachers who work less than full-time with the school system may move up the
schedule, but movement is limited to full-time equivalent work time. For example, a 50% time
employee would move up the schedule one year for every two years of one-half time
experience. Annual salary increases may vary depending on experience placement.

H.     Promotion

       A promotion is when an employee is selected to fill a vacancy in a higher pay grade.

        1.    When an employee is promoted, the salary is increased by 5% or to the minimum
of the new range, whichever amount is greater, and placed on the new pay range.

        2.     Promoted employees are eligible for annual increases. Promotions that are
effective the same date as an across-the-board increase will be determined by combining the
across-the-board increase on the old job and the promotional increase.

        3.     If an employee is promoted to a position where the contract length is different,
the calculations reflect the new contract length.

I.     Transfers to Position in the Same Pay Grade

        1.     When an employee transfers to another position within the same pay grade,
there is no change in the hourly rate.

       2.     Employees transferring into a position in the same pay grade are eligible for
annual increases.

        3.      If the employee’s contract length is different from the contract length of the new
position, the calculations reflect the new contract length.

J.     Demotion

       1.       Transfers to a lower pay grade result in an immediate reduction of 5% (based on
the hourly rate of pay) and may not exceed the maximum of the new salary range. The effective
date will be the date the action is approved.

       2.      Employees transferring into a position at a lower pay grade are eligible for annual
increases.

        3.      If the employee’s contract length is different from the contract length of the new
position, the calculations reflect the new contract length.

K.     Acting Pay

       An employee may be temporarily assigned to a higher level position which is vacant or in
which the incumbent is unavailable to perform the duties of the position due to illness or other
extenuating circumstance. “Acting status” is normally for a period exceeding 12 workweeks and
less than one year in duration. Acting pay will be determined by applying the guidelines for
promotion. The employee returns to his or her former pay level at the end of the assignment.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 8
                                                                                       Page 6 of 8

L.     Reclassification

       A reclassification reflects a substantial change in the level of duties and responsibilities
assigned to a position and results in the reassignment of a position from one salary grade to
another grade. An increase in volume of work does not normally warrant the reclassification of
a position. Reclassification requires the approval of the Superintendent. The salary for a
reclassified employee is determined by using the guidelines for “Promotion” or “Transfer to a
Position Within a Lower Pay Grade”.

M.     Regrade

        A regrade is the change in pay grade assignment for a job classification and effects all
positions assigned to that classification to adjust with comparable jobs in the labor market or for
internal alignment of classes within the organization. Regrades are recommended by the Office
of Compensation and Benefits and require the approval of the Superintendent. The employee’s
rate of pay is not affected by a regrade unless the rate is below the minimum of the new salary
range. The effective date of a regrade is normally the contract start date of the next school
year.

N.     Re-employment Within Six Months

        An employee returning to a position within the same classification on the graded pay
plan within six months from separation or the beginning of an approved leave of absence will
return to the salary assigned at the time of separation.

O.     Re-employment Beyond Six Months

        Employees returning to employment following a period of separation exceeding six
months will be placed no higher on the salary scale had they remained in continuous service.
Employees returning to a position on a different salary grade will be placed according to the
guidelines for “New Employee Salary Placement”.

P.     Reinstatement After Completion of Approved Leave of Absence

        An employee returning to a position within the same classification on the graded pay
plan within six months from the beginning of an approved leave of absence will return to the
salary assigned at the time of separation. Employees returning to a position on a different
salary grade will be placed according to the guidelines for promotion or demotion. Employees
who return to employment after completion of an approved leave of absence will receive the
annual salary increase, provided that (i) he/she completed more than half of the contract year
at time of departure, and (ii) other similarly classed employees receive an increase.

Q.     Position Analysis, Evaluation and Development

        Position descriptions are developed by a position's supervisor and maintained in the
Office of Compensation and Benefits. The position description is an important management tool
for communicating with employees, determining the distribution of work and for organizational
design. It is used for performance appraisals, recruitment, salary surveys, evaluations and job


                          CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 8
                                                                                       Page 7 of 8

analysis. In addition, it is used for determining Fair Labor Standards Act (FLSA) exemptions,
accommodations under the Americans with Disabilities Act (ADA) and for Workers’
Compensation and disability retirement requests.       It is important that position descriptions
accurately reflect the duties and responsibilities expected of employees assigned to that
classification. Accordingly, the division has implemented procedures to ensure that position
descriptions are periodically reviewed.

        1.    Positions are reviewed at the time a position becomes vacant. The process is
incorporated as part of the recruitment process at the time a request is made to fill a vacant
position. See Position Classification Review - Vacant Position for details on the process.

       2.       A position review may also be requested when an administrator/supervisor
determines that the position description no longer accurately reflects the duties and
responsibilities of the position. See Position Classification Review – Filled Position for details.

        The division uses a variety of tools to ensure proper classification and to determine the
most appropriate pay range. Job analysis and evaluation is conducted, considering factors that
affect the level of the position, such as complexity, scope of responsibility, level of supervision,
judgment and decision making, impact of actions and required knowledge, skill and abilities.
Additionally, market analysis is conducted and internal and external equity is considered.

R.     Position Classification Review – Vacant Position

        Form PC-611, a job description and an organizational chart, are completed by the
position's supervisor and must be approved by the appropriate Assistant Superintendent prior to
submitting a request for classification review to the Office of Compensation and Benefits. The
supervisor of the position should review the current position description noting any changes in
work tasks or work assignments. To ensure proper classification of positions, all positions
require review prior to requesting the Superintendent’s authorization for posting. The supervisor
of the position determines the duties and responsibilities of the position and the qualifications
necessary to perform the job. The Office of Compensation and Benefits performs job evaluation
and recommends the appropriate class to the Director of Compensation and Benefits with the
final decision being rendered by the Superintendent. The vacancy announcement is based on
the revised position description.

S.     Position Classification Review – Filled Position

        Form PC-611, a revised job description and an organizational chart, are completed by
the position's supervisor and must be approved by the appropriate Assistant Superintendent
prior to submitting a request for classification review to the Office of Compensation and
Benefits. A position may require reclassification if the duties and responsibilities have changed
significantly over a period of time. When a supervisor identifies a position for reclassification, a
review by the Office of Compensation and Benefits is requested. The supervisor of the position
documents the revised duties and responsibilities of the position and qualifications necessary to
perform the job. The Office of Compensation and Benefits performs job evaluation and
recommends the appropriate classification with the final decision being rendered by the
Superintendent. Salary actions affecting the incumbent are determined according to the
guidelines for "Reclassification".


                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                    Section 8
                                                                  Page 8 of 8

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5100   Reassignment and Transfer
              5110   Supplemental Pay Assignments
              5160   Promotion
              5400   Compensation Plan




                      CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 9


                       EMPLOYMENT IN MORE THAN ONE POSITION

       Employment of a non-exempt person in more than one position when total hours worked
exceeds 40 hours per week may create a school system liability of overtime pay at time and
one-half. A dual job situation exists when an employee in one position performs duties assigned
to another position. Some examples (not intended to be inclusive) would be tutor
monitor/teacher, tutor monitor/coach, bus driver/instructional assistant, custodian/food service
worker, instructional assistant/food service worker, instructional assistant/teacher, etc.
Therefore, non-exempt employees will not be employed in more than one position.

        Approval must be obtained prior to any commitment being made to the employee. A
written request must be submitted to the Director of Human Resources who will process the
request.


Adopted:    December 8, 2009
_____________________________________________________________________________
_____________________________________________________________________________




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 10
                                                                                      Page 1 of 2


                            CLASSIFICATIONS OF EMPLOYMENT

        For purposes of salary administration and eligibility for overtime payments and employee
benefits, the school system classifies its employees as follows:

Full-Time Regular Employee: Employees hired to work the normal, full-time, thirty to forty hour
workweek on a regular basis. Such employees may be "exempt" or "nonexempt" as defined
below.

Part-Time Regular Employee: Employees hired to work fewer than thirty hours per week on a
regular basis. Such employees may be "exempt" or "nonexempt".

Temporary Employee: Employees hired to work for a specified and limited time period in a
position that may or may not be subject to established benefits programs. Extension of the
position beyond the established end date is not guaranteed. Temporary positions are varied and
may be "exempt" or "nonexempt":

Part-Time or Full-Time Temporary Employee: An employee whose position is not subject to
benefits. Appointment is through the Personnel Office.

Restricted Appointment Employee: An employee, full- or part-time, whose position is subject to
established benefits programs. Appointment is through the Personnel Office.

Substitute: An employee who is appointed to replace an absent employee and whose
employment is not subject to benefits. Employment is normally on a day-to-day basis, but may
be extended to cover the longer-term absence of an employee. Substitute employment in all
categories may be terminated at any time.

Qualifications may be specified and substitutes are paid the daily rate of pay annually
established by the School Board.

A temporarily employed teacher is defined by Va. Code § 22.1-302 as "(i) one who is employed
to substitute for a contracted teacher for a temporary period of time during the contracted
teacher's absence, or (ii) one who is employed to fill a teacher vacancy for a period of time, but
no longer than ninety teaching days in such vacancy during the school year."

An approved list of substitute teachers is maintained and distributed by the Personnel Office.

Occasional Worker: An employee who is hired to perform work which is sporadic in nature, such
as concession stand worker, security guards at athletic events, etc. These employees are
recruited and hired by the principal or administrator of a department. The necessary paperwork
is submitted to the Personnel Office for payroll purposes within established guidelines.

Summer Session Employees - Summer session employees, including teachers, are those who
are hired to fill positions during the summer session and must meet the same requirements in all
respects as those employed in the regular session. Summer session employees are employed
under a letter of agreement and are paid the daily rate of pay annually established by the
School Board.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 10
                                                                                       Page 2 of 2

Non-exempt Employees - Employees who are required to be paid overtime at the rate of time and
one-half (i.e., one and one-half times) their regular rate of pay for all hours worked beyond forty
hours in a workweek, in accordance with applicable federal wage and hour laws

Exempt Employees - Employees who are not required to be paid overtime, in accordance with
applicable federal wage and hour laws, for work performed beyond forty hours in a workweek. In
the division, administrators, supervisors, teachers, directors, assistant principals, principals,
instructional specialists, managers, and a variety of other persons occupying non-clerical, non-
repetitive management/administrative positions are exempt.

The Compensation and Benefits Office is responsible for determining the appropriate
designation of employment for positions. Each school and department will be advised of the
exempt or nonexempt status of each position. New employees are informed of their employment
classification and their status as an exempt or non-exempt employee during the orientation
session conducted by the Human Resources Department.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:    5090   Continuing Contracts
               5120   Substitutes




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 11


                                WORKDAY AND WORKWEEK

A.     Workday

        The workday for an employee varies with his or her function and the location in which he
or she is employed. Working hours are as outlined in the Work Hours section.

B.     Workweek

       For pay and FLSA purposes, the workweek spans from Monday 12:01 a.m. through
Sunday at 12:00 midnight. Unless expressly stated in a contract, letter of agreement, or special
term of employment, employees will observe a five-day workweek which begins on Monday and
ends on Friday.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   Appendix A, Section 12, Work Hours
              Appendix A, Section 21, Information Relating to the Fair Labor Standards Act




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 12


                                        WORK HOURS

A.     Generally

      Work schedule hours and the total number of hours required for employees of
Chesterfield County Public Schools vary depending upon the position and location assigned.

       The Superintendent retains the authority to change work hours consistent with the needs
of the school system. Principals and department administrators may adjust work hours as
necessary to accomplish unusual work requirements and emergency conditions. However, any
permanent change in work hours which extend an employee's workday must be approved by
the Superintendent. These changes must be processed through the Human Resources
Department.

B.     Work Hour Guidelines for Teachers, Monitors, and Nurses

       Teachers and monitors work a 7 hour and 15 minute workday as follows:

       Teachers and tutor/security monitors work a minimum of 7 hours and 15 minutes at the
work site. Specific work hours are determined for each school. Lunch periods and scheduled
non-classroom time are included as time worked.

        Elementary school teachers will be provided at least an average of thirty minutes per day
during the students’ school workweek as planning time.

C.     Work Hour Guidelines for Instructional/Clinic Assistants

       Instructional assistants and clinic assistants work a 6 or 6.5 hour day with the specific
hours established by the principal or department supervisor.

       Breaks, or rest periods of 15 minutes or less, may be authorized by the building
administrator and are counted as time worked.

       Lunch periods are included as time worked.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 13
                                                                                       Page 1 of 3


                                          TRANSFERS

*Annually, if held, the Human Resources Department will disseminate procedures
associated with the “Teacher Transfer Process.”

**All other transfers, except those initiated by the Superintendent, shall be governed by a
competitive recruitment process.

A.     Reassignment and Transfer Policy

       In accordance with Policy 5100:

        The Superintendent shall have the authority to reassign or transfer any teacher, principal,
assistant principal, or other employee to any location or position within the division. The
Superintendent shall report any such reassignments or transfers to the School Board at its next
regularly scheduled meeting.

B.     Transfer Guidelines

        Employees who wish to be considered for transfer should observe the following
guidelines. A transfer is different from a promotion since it is considered a change from one
position to another in the same salary range.

       Teacher transfers will not take place after June 30. Transfers for other employees will
not take place after the contract year begins. Exceptions must be approved by the Director of
Human Resources.

       Probationary teachers will not be allowed to transfer during their probationary period,
unless extenuating circumstances exist. Exceptions must be approved by the Director of Human
Resources.

C.     Reassignment Guidelines

        When it is determined that fewer employees are needed within a specific program or
location, the following guidelines shall apply:

       The reassignment of surplus employees will take priority in the staffing process. No
vacancies in the surplus areas will be filled with outside applicants until all surplus employees
are placed.

        The principal/department administrator will work closely with the appropriate personnel
administrator in determining surplus. Once surplus is determined, the principal/department
administrator shall be responsible for notifying the employee of his or her surplus status and
referring the employee to the appropriate personnel administrator.

        The Department of Human Resources will coordinate the reassignment of employees.
Employees will be notified in writing by the appropriate personnel administrator when placement
is determined.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 13
                                                                                       Page 2 of 3

         A principal/administrator may retain employees whose services are needed to maintain
and operate a sound and balanced program for the building, irrespective of the length of service
provision. An administrator may request a waiver by submitting a written request and
justification to the Director of Human Resources.

        “Service” is defined as the period of time from the effective date of the signed
employment contract commencing the most recent term of continuing service in the division,
including approved leave(s) of absence. If two or more employees have the same length of
service, the employee having the latest contract offer date will be declared surplus. If two or
more employees have the same contract offer date, the employee with the least amount of
experience will be declared surplus. Beyond this level, a lottery system may be applied.

D.     Reassignment of Teachers

         1.    Elementary Teachers. When it is determined that fewer classroom teachers (JK-
5) will be needed in an elementary school, the building principal shall determine the employees
who desire a transfer to another building. If the surplus cannot be resolved by voluntary transfer,
then the employee with the least amount of service to the division shall be declared surplus.

        2.      Secondary Teachers. When it is determined that fewer classroom teachers will
be needed in a secondary school department, surplus shall be determined within the affected
department. The principal shall determine the teachers who desire to be reassigned within the
building if a vacancy exists and if the employees are endorsed for the position. If no vacancy
exists in the building, the principal shall determine the employees who desire a transfer to
another building. If the surplus cannot be resolved by voluntary transfer, then the employee
within the affected area with the least amount of service to the division shall be declared
surplus.

        3.       Division-Wide Programs. Whenever there is a need for fewer positions within
division-wide programs, such as elementary resource, exceptional education, federally funded
projects, etc., surplus shall be determined within the affected program. Employees with the least
amount of service to the division shall be declared surplus.

E.     Reassignment of Administrative/Professional Employees

       The Superintendent may consider surplus principals, assistant principals, supervisors,
and other professional employees for vacancies for which they are qualified.

F.     Reassignment of Support Personnel

         When it is determined that fewer employees are needed within a specific job
classification within a school or department, the administrator shall determine the employees
who desire to be reassigned within the building or department if a vacancy exists and if the
employee is qualified for the vacancy. If no vacancy exists, the administrator shall determine the
employees who want to transfer to another building. If the surplus cannot be resolved by
voluntary transfer, then the employee within the affected area with the least amount of service to
the division shall be declared surplus.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                    Section 13
                                                                   Page 3 of 3

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   2030   Role and Duties of the Superintendent
              5100   Reassignment and Transfer




                      CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                           Section 14
                                                                                          Page 1 of 2


                                              HOLIDAYS

       The division observes certain days in the calendar year as paid holidays. Full-time 12-
month employees are authorized 12 paid holidays as well as other days designated by the
Superintendent. Full-time employees, other than 12-month employees, are authorized 17 paid
holidays as well as any other days designated by the Superintendent. Time off for all employees
who are not 12 months will be as scheduled in the annual school calendar.

A.        Guidelines

          Part-time employees are not eligible for paid holidays.

          Eligibility for holiday pay requires that the employee be in paid status (on duty or on paid
leave).

         Employees in docking status the day before and the day after a holiday period are not
eligible for holiday pay.

       If an employee is scheduled to begin a new contract year, begin employment, or return
from a leave of absence the day following Labor Day, the employee will receive holiday pay for
Labor Day.

      If a resigning or a retiring employee's last day of work is the day before a holiday, the
employee will receive holiday pay.

B.        Twelve-Month Calendar

          The twelve-month calendar will reflect the following holidays:

          New Year's Day                        January 1
          Spring Break Holiday                  As established by the annual school calendar
          Memorial Day                          Last Monday in May or as stated in annual school
                                                calendar
          Independence Day                      July 4, if July 4 falls on weekend, the holiday will be
                                                the following Monday
          Labor Day                             First Monday in September
          Thanksgiving Day                      Fourth Thursday in November
                                                Friday following Thanksgiving
          Winter Holidays                       Three days – latter part of December as stated in
                                                the annual school calendar
          Annually Scheduled Holidays           Two days - as stated in the annual school calendar

      If there is a conflict between the above dates and the annual school calendar, the
approved annual school calendar will prevail.




                            CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                    Section 14
                                                                   Page 2 of 2

Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5221   Holidays




                      CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 15
                                                                                       Page 1 of 4


               WORKERS' COMPENSATION AND JOB-RELATED INJURY LEAVE

A.     Generally

         The Workers' Compensation laws enacted by the legislature of the Commonwealth of
Virginia sets the requirement for the employer in the handling of employee illness, injury and
disability arising from a job-related accident.

     Enforcement and interpretation of the law rests primarily with the Virginia Workers’
Compensation Commission.

        The law generally states that all necessary medical costs from a job-related accident or
illness shall be paid by the employer. Payments for lost time (salary) shall begin the 8th calendar
day from the date of the accident and continue until the employee reaches maximum medical
improvement, is able to return to work, or returns to work, for a maximum of up to 500 weeks.
When the disability exceeds 21 days, the employee is reimbursed for the first 7 days. The law
states that the employee shall be paid on the following basis: 2/3 of the employee's gross weekly
wage (tax free) with a minimum and a maximum dollar amount per week set by law and revised
periodically. These payments are subject to a cost of living increase as long as the maximum is
not exceeded.

        The intent of this law is to provide for the financial needs of the employee and provide
incentive for the individual to return to work.

       The School Board provides worker's compensation from a self-insured fund,
administered through:

                              Chesterfield County Risk Management
                              P. O. Box 788
                              Chesterfield, Virginia 23832

        Risk Management is authorized to handle all employee claim settlements, except those
referred to the County Attorney's Office. The County Attorney's Office administers the handling
of those claims contested or filed for a hearing before the Virginia Workers' Compensation
Commission.

B.     Forms

       1.      Employer's First Report of Accident

       This form shall be completed and delivered to the Risk Management Department within
24 hours of the accident by the employee's department head or person designated to handle
Workers' Compensation. All sections of the form shall be completed – including the home
telephone number of the employee – and the form delivered to the Risk Management
Department. Excessive or repeated delays in receiving completed reports shall be reported to
the Superintendent.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 15
                                                                                       Page 2 of 4

       2.      Supervisor's Investigation Report

       This report must be completed by the employee's immediate supervisor as soon as
possible after occurrence of the accident and delivered to the Risk Management Department.

       3.      Physical Capabilities Form

         The first section of this form should be completed by the employee's immediate
supervisor and the form taken by the employee on the initial visit with the physician. The
remainder of the form is to be completed by the physician or medical facility at the time of the
initial treatment. The completed form will be returned by the employee to the immediate
supervisor and in turn promptly delivered to the Risk Management Department.

       4.      Memorandum of Agreement (MOA)*

      This form must be completed and signed by the employee for any disability which
exceeds seven calendar days. This agreement provides for guaranteed wages and medical
expenses for the duration of the disability.

       5.      Agreed Statement of Fact (ASF)*

       When the employee reaches maximum medical improvement, is able to return to work or
returns to work, the employee is required to sign this form attesting to the amount, nature, and
duration of payments under the law.

*The Risk Management Department will be responsible for preparing and forwarding the MOA
and ASF for signature by the employee. The forms shall be signed promptly and returned to the
Risk Management Department.

C.     Guidelines

        The School Board will provide workers' compensation as provided by the Code of
Virginia. The School Board will pay a supplement to workers' compensation. The supplemental
amount, when added to the workers' compensation benefit, will equal in total the "net before loss
take home pay as of the regular paycheck prior to the accident or injury" ("net before loss"). The
employee will be eligible for the supplement to the extent of the accumulated sick leave balance
at the time of the accident or injury. Sick leave will be charged at 1/3 for each workday the
employee is absent. No sick leave will be charged for any injury to any employee caused by a
student's use of force (student force injury). Student force injury claims will be investigated and
determined by Risk Management. No grievance of Risk Management's determination regarding
a student force injury will be permitted.

        The School Board will issue to the employee a monthly paycheck for the amount equal
to "net take home pay" less workers' compensation benefits for that payroll period. Voluntary
deductions will be deducted from this check. At such time as the employee is no longer eligible
for a paycheck, (accumulated sick leave balance exhausted) he or she will be responsible for
payment of voluntary deductions. Continuous payment of these deductions must be made to the



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 15
                                                                                       Page 3 of 4

Finance Office by the first day of the month in which coverage is to be effective. While under
contract, the School Board will continue VRS, retirement life insurance, and the employer's
share of health insurance.

       Depending on the duration of disability and the nature of manpower needs, the School
Board cannot guarantee employment after a long absence. However, all efforts will be made to
provide productive work if it is available.

       Should any employee turn down work offered that he or she is capable of performing, the
School Board may cease payments of any supplement. Additionally, the School Board may
cease payment of the statutory workers' compensation and contest the workers' compensation
claim pending the outcome of a hearing before the Workers' Compensation Commission.
However, workers' compensation decisions will not be binding upon any supplements provided
by the School Board.

D.     Procedures

        When an injury occurs, the supervisor of the injured employee must promptly complete
the Supervisor's Investigation Report. Because the accurate details of the facts of the accident,
the witnesses and other details are then available, they must be recorded for use in later
investigation, if needed. This form should be typed.

        The Employer's First Report of Accident Form is to be completed and signed by the
person designated within the department to complete this form. The form will be signed by the
designated representative and will include his or her title. This form should be typed. The
original and two (2) copies of this form will be delivered along with one copy of the Supervisor's
Investigation Report within 24 hours of the occurrence of the accident to the Risk Management
Department.

        Supervisors will ensure that the injured employee is provided a Physical Capabilities
Form with the top portion filled in and the remainder to be completed by the attending physician
or medical facility. The injured employee will be advised to deliver the form to the facility, have
the form completed, and then bring the form back to his/her supervisor, who in turn will promptly
deliver same to the Risk Management Department. It is requested that the physician's name,
medical facility, address, and telephone number be typed on the bottom of the form.

          All non-life threatening medical care and all medical care after stabilization of life
following a life-threatening emergency must be supplied by one of the School Board approved
physicians. This list will be made available to all School Board employees. Any accident which
required medical attention should be taken care of immediately. The employee who is injured or
anyone assisting the employee shall inform the attending medical staff that the injury is a
workers' compensation case, with the School Board being the responsible party for payment. To
insure proper and timely payment of all medical bills, the employee will ensure that the medical
facility is aware that all charges associated with the treatment of a job-related injury or disease
must be billed to the Risk Management Department and not to the individual employee.

        Any workers' compensation disability, which exceeds seven (7) calendar days, will
necessitate the employee signing a Memorandum of Agreement (MOA) with the School Board
stating the guarantee of wages and medical payments as appropriate for the disability.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 15
                                                                                    Page 4 of 4

      Upon exhaustion of employee-accumulated sick leave, the disabled employee's salary
supplement will be discontinued.

       •      Upon the employee's return to work, ability to return to work, or reaching
              maximum medical improvement, an Agreed State of Fact (ASF) form will be
              signed by the employee delineating the facts of the disability.

       •      The Risk Management Department will be responsible for preparing and
              forwarding the MOA and ASF for signature by the employee. They shall be
              promptly signed and returned to the Risk Management Department.

       •      Supplemental reports, wage statements, and other reports as necessary,
              desirable, or appropriate will be completed by the department head and
              delivered to the Risk Management Department.

E.     Additional Benefits

        Any employee eligible to receive workers' compensation benefits shall be paid the
difference between the indemnity received by the employee pursuant to the workers'
compensation statutes and the net take-home weekly wage received by the employee on his
or her last regular pay prior to the accident/injury. This benefit shall be for a period not to
exceed the employee's accumulated sick leave balance.

F.     Utilization of Leave Time

       Accrued sick, annual, personal, or compensatory leave time may not be used by the
employee in lieu of workers' compensation. The only utilization of leave time is that which is
used for supplemental payments.

G.     Subrogation

        The School Board's claim for recovery of all monies paid or to be paid (medical,
compensation, expenses, all supplements, etc.) is superior to any claim the employee may have
against any party responsible for the accident/injury. The School Board will be reimbursed first
from any settlement with or judgment against anyone. In all instances, the County Attorney is
the only one to represent the School Board's interest. Additionally, the County Attorney does
not represent the employee.


Adopted:   December 8, 2009
________________________________________________________________________
________________________________________________________________________

Cross Ref.:   5230 Sick Leave
              5320 Health and Dental Care Benefits




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 16
                                                                                     Page 1 of 2


                 BLOOD BORNE CONTAGIOUS OR INFECTIOUS DISEASES

        The division recognizes that employees with life threatening diseases may wish to
continue employment. The division established a policy that takes into consideration the needs
of the individuals and the general employee population. At the same time, the division also
recognizes it must satisfy its legal obligation to provide a safe work environment for all
employees, students, and visitors to the system. As long as employees who suffer from blood
borne diseases which are infectious or contagious, such as AIDS and Hepatitis B, are able to
maintain acceptable performance standards and a determination has been made that an
employee's continued presence at work does not endanger the health of others, employees with
blood borne diseases will be permitted to continue to work. Those decisions will be made by the
Superintendent on a case-by-case basis, in accordance with policy and regulations.

Procedures

      The following procedures will be utilized in determining the attendance at work of any
employee who suffers from a blood borne disease which is infectious or contagious, such as
AIDS and Hepatitis B, and which may be transmitted by the exchange of body secretions.

       The Superintendent will establish a Review Committee composed of the Director of the
Chesterfield County Public Health Department or a public health physician designated by the
Director, the employee's family physician, and two administrators appointed by the
Superintendent. The Superintendent may appoint other persons to the Review Committee.

      After reviewing all pertinent information regarding the employee and consulting with the
employee, and such other persons, as appropriate, the Review Committee shall make a
recommendation to the Superintendent regarding the employee's attendance at work. The
Review Committee may make such further recommendations as it deems appropriate.

       The Review Committee shall meet within fourteen (14) days of being established and
shall make its recommendation to the Superintendent as soon thereafter as practical.

        The Superintendent will notify the employee of his or her decision within five school days
after receiving the Review Committee's recommendation.

       The employee may appeal the Superintendent's decision to the School Board. A written
request for an appeal must be submitted to the Superintendent within ten (10) days of the
decision or the right to appeal will be deemed to be waived.

       The employee's status will be re-evaluated based upon a plan for periodic review
formulated by the Review Committee.

       The employee may be excluded from school or work pending the Superintendent's
decision or any re-evaluation.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 16
                                                                                    Page 2 of 2

       All parties involved shall respect the individual's right to privacy. The number of
personnel who are informed of the employee's condition shall be kept at a minimum needed to
assure proper care of the employee and to detect situations where the potential for transmission
may occur (e.g., bleeding, injury).

       Principals and department administrators are required to promptly notify the Assistant
Superintendent of Human Resources if there is reason to suspect that any employee suffers
from such infectious or contagious disease.

       The Assistant Superintendent of Human Resources will insure that the appropriate
persons are notified and that the matter is fully investigated before a recommendation is made
to the Superintendent. If there is reason to believe that the employee's continued presence at
work may endanger the health of others, the Superintendent may administratively suspend the
employee pending final resolution of the matter.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5080    Health Requirements
              5180    Blood Borne Contagious or Infectious Diseases
              5360    Privacy Policy
              5440    Employee Suspensions




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 17


                        PERSONAL APPEARANCE AND DEMEANOR

       Employees of Chesterfield County Public Schools are expected to set an example for
students in personal appearance and conduct. Accordingly, discretion in style of dress and
behavior is essential to the efficient operation of the division. Employees are, therefore,
expected to dress in appropriate business attire and to behave in a professional, businesslike
manner.

         Teachers and others who handle confidential and personal information are reminded of
their responsibility to maintain student/employee confidence on personal and confidential
matters; moreover, it is important that materials of a sensitive or confidential nature are
appropriately handled. At the end of the workday, employees should ensure that files and
cabinets are locked or secured and that all work materials, particularly those of a sensitive or
confidential nature, are removed from desk surfaces. (Va. Code § 22.1-287 addresses the
limitations on access to student records.)

       Employees are expected to keep their work environments clean and orderly.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   4100    Student Records
              5030    Professional Ethics
              5360    Privacy Policy




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 18


                               ABSENTEEISM AND TARDINESS

        The division expects all employees to assume diligent responsibility for their attendance
and promptness. Recognizing, however, that illness and injuries may occur, the division has
established sick leave, a voluntary sick leave bank, and optional income protection insurance to
compensate full-time regular and part-time regular employees for certain time lost for legitimate
medical reasons.

        An employee who needs to be absent for medical reasons should notify his or her
principal, department administrator, or other designated supervisor as soon in advance as
possible so that arrangements can be made to cover his/her position.

       It is important that all employees, but especially those who have direct responsibility for
students, report to work on time. Excessive tardiness has a detrimental impact on the
accomplishment of the division's goals and objectives. Accordingly, principals, department
administrators, and other supervisors are requested to closely monitor prompt reporting to work.

      Absenteeism or tardiness that is unexcused or excessive in the judgment of Chesterfield
County Public Schools is grounds for disciplinary action, up to and including dismissal.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:    5230   Sick Leave
               5310   Sick Leave Bank and Donation of Sick Leave

               Appendix A, Section 19, Discipline




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 19
                                                                                       Page 1 of 2


                                           DISCIPLINE

       When an employee's conduct or performance is such that it is inconsistent with good order
and discipline, performance standards, instructions, policies, procedures, rules and regulations, or
acceptable standards of conduct, Chesterfield County Public Schools must pursue actions
which cause the employee's behavior to conform to acceptable standards.

A.     The Progressive Discipline Process

       It is desirable that discipline follow a progressive process which attempts to correct
unacceptable behavior or attitudes before it becomes necessary to discharge the employee.
However, this approach to discipline is mitigated when it is clear that the action, violation, or
offense is serious enough to warrant immediate suspension or discharge.

        The progressive discipline approach involves consideration of disciplinary measures
ranging from informal one-on-one personal counseling, verbal or written reprimands, reduction in
pay, demotion, probation, suspension, or dismissal. Determination of the appropriate form of
discipline requires a thorough analysis of facts and circumstances surrounding an incident/act,
consideration of the employee's past performance and history of discipline, and the employee's
willingness to conform to division standards.

B.     Grounds for Discipline

        Disciplinary action may be taken against an employee for any behavior which might
discredit the division or its employees or might hinder the system from performing its function.
Disciplinary action may range from oral reprimand through dismissal depending on the severity
and/or pattern of the behavior. By way of illustration, but not by limitation, the following
constitute reasonable grounds for discipline:

       1.      absence without permission, excessive absenteeism, or tardiness - failure to give
proper notice of absence;

       2.      violating the division's nondiscrimination and/or sexual harassment policy;

       3.      neglect or unsatisfactory performance of duty;

      4.       incompetence or unwillingness to render satisfactory service - refusal to accept
appropriate reassignment or demotion;

       5.      fighting or using obscene, abusive, or threatening language or gestures;

       6.      insubordination or breach of discipline;

       7.       reporting to or at work intoxicated or under the influence of non-prescribed drugs,
alcohol, and illegal manufacture, possession, use, sale, distribution or transportation of drugs;

       8.       bringing or using alcoholic beverages on Chesterfield County Pubic Schools
property or using alcoholic beverages while engaged in school system business off the premises;

                         CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                         Section 19
                                                                                        Page 2 of 2

       9.     immorality;

       10.    conduct unbecoming an employee of the school division;

       11.    noncompliance with school laws, regulations, and other personnel or
departmental rules;

       12.    conviction of a felony, crime of moral turpitude or other criminal act;

      13.     theft of property from co-workers, students, or Chesterfield County Public
Schools;

        14.    unauthorized possession of firearms on division premises or while on school
division business;

       15.    sexual molestation, physical or sexual abuse, or rape of a child;

       16.    negligent or willful damage of school property or waste of supplies or equipment;

       17.    material falsification of application;

       18.    cheating or falsification of examination(s);

       19.    other good and just cause.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5030            Professional Ethics
              5060            Sexual Harassment
              5150            Grievance Procedure
              5150-R          Procedure for Adjusting Grievances: Teachers
              5380/5380-R     Drug and Alcohol-Free Workplace
              5420            Appeal Process for Demotion and Dismissal Procedure for
                              Support Positions
              5440            Employee Suspensions




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 20
                                                                                    Page 1 of 2


                                PERFORMANCE EVALUATION

       All of the performance evaluation systems are contained in the Performance Evaluation
Handbook, a copy of which is located in each school and each department. Copies of each of
the evaluation systems are available through the Personnel Office.

        Any employee who does not have a copy of the performance evaluation handbook
related to his or her position should check with his or her supervisor or contact the Personnel
Office.

A.     Performance Evaluation Systems

      The following personnel performance evaluation systems have been developed for
employees in the division.

       Performance Evaluation System for:          Applies to:

       Central Support Staff                       Central Office Administrators, Supervisors,
                                                   Professional Staff

       Clerical                                    Secretaries, Clerks, Office Assistants,
                                                   Library Assistants, other office support

       Superintendent's Staff                      Superintendent’s Staff Members

       Food Service                                Food Service Employees

       Guidance Counselors                         Guidance Counselors

       Library Media Specialists                   Library Media Specialists

       Principals                                  Principals
       Assistant Principals                        Assistant Principals

       School Psychologist                         Psychologists
       Lead Psychologist                           Lead Psychologist

       School Social Worker/                       School Social Worker
       Lead Social Worker                          Lead Social Worker

       Teachers                                    Teachers

       Teacher Aide                                Instructional Assistant
                                                   Office Aide

        Employees should direct questions concerning the performance evaluation systems to
their immediate superior or contact the Personnel Office.


                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                    Section 20
                                                                   Page 2 of 2


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:   5170   Performance Evaluation




                      CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                     Section 21
                                                                                    Page 1 of 3


           INFORMATION PERTAINING TO THE FAIR LABOR STANDARDS ACT

A.     Generally

       The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay,
recordkeeping and child labor standards affecting full-time and part-time workers in the private
sector and in federal, state and local governments. When enacted in 1938, the Fair Labor
Standards Act did not apply to governments and school divisions. Amended many times, it was
not until the late 1980's that it was ruled that the FLSA applied to schools, local and state
governments. Under the new application, some policies and practices followed for decades by
school divisions were no longer valid. In addition, new recordkeeping and administrative
methods were required to ensure school divisions could demonstrate compliance.

        The Fair Labor Standards Act applies to all employees not determined to be
professional, managerial or executive by definition outlined within the statute. Employee groups
not covered by the FLSA are referred to as “exempt” employees, meaning they are exempt from
the statute requirements. Some employee groups are identified as “exempt” by name in the
statute. For example, teachers are specifically identified as an employee group not covered by
FLSA. Other professional, managerial and executive level positions are identified by comparing
aspects of their work to the “test” outlined in the FLSA regulations.

      For the most part, exempt employees are teachers and administrators, social workers,
psychologists, speech therapists and other professional personnel and are exempt from the law.

        All employees not meeting the criteria for exemption are covered by the Fair Labor
Standards Act and are referred to as “non-exempt” employees. In a school division the non-
exempt employees include clerical personnel, instructional assistants, school bus drivers,
trades, custodial, food service employees, as well as other non-supervisory support personnel,
such as certain finance positions and computer technician positions.

B.     Hourly Rate of Pay

         Compliance with the Fair Labor Standards Act requires (although an employer may pay
employees using methods other than an hourly wage – such as payment by the day or mile for
a bus driver) that an hourly rate must be computed to ensure compliance with the statute. Most
school employees are paid an annual salary; nonetheless, an hourly rate must be established
for all non-exempt employees.

C.     Minimum Wage

       The FLSA requires the division to pay the minimum wage, currently $7.25 per hour.

D.     Time Sheets

        The FLSA requires that all non-exempt employees keep a time sheet. The time sheet is
a log of hours actually worked each day during a 7-day week. Many school employees are not
normally scheduled for a full 40 hours per week; nonetheless, a single time sheet must be kept
by each non-exempt employee showing all hours worked at all assignments. Time worked

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 21
                                                                                       Page 2 of 3

beyond the normal hours per week is compensated at the regular rate of pay for the hours
worked up to 40 or may be given as compensatory leave at straight time. Beyond 40 hours
worked, the employee is eligible for compensatory leave or overtime pay at time and one-half.

       Copies of the time sheets must be kept in a file at the work site and are subject to
inspection by the Wage and Hour Division of the Department of Labor. It is important to
remember that the law requires payment at 1½ rate only when the hours worked exceeds 40. If
the employee uses paid leave time (sick, annual, compensatory or personal) during the
workweek, those hours do not count toward 40.

        For example: A maintenance worker takes two days of paid sick leave on Tuesday and
Wednesday of the workweek. Because the project cannot be finished within the normal week,
the workers are called in to work on Saturday for six hours. The worker will be paid at the
normal hourly rate for the work performed on Saturday (or earn hour-for-hour overtime leave).
The other workers, who did not use any paid leave time during the regular week are entitled to
either 1½ times the regular rate of pay (or earn an hour-and-a-half for each hour worked) on
Saturday.

E.     “Wait Time”

        Time spent by the employee while “waiting” to work is paid time and hours worked. The
most common example of this includes a bus driver waiting for children at a field trip or athletic
event. Workers waiting at the loading dock for arrival of the delivery truck are likewise “on the
clock."

F.     “On the Clock” Lunches and Breaks

       Rest periods are not required, but may be allowed by the employer. Rest periods of 20
minutes or less are counted as time worked. The employee is not “off the clock” for short work
breaks during the day.

        Division employees located at the schools normally have a lunch period of 20 to 30
minutes “on the clock," because of the unique nature of the work within the school building itself.
In other words, the lunch break is considered paid time. Normally, school personnel are “on
duty” or “on call” during lunch. Even when an employee is on lunch break, school personnel
are normally available to handle unexpected situations. All personnel supervising students
during lunch are “on the clock."

       An instructional assistant is considered paid for 7.5 hours a day if he or she works from
8:00 a.m. to 3:30 p.m.

G.     “Off the Clock” Lunches

        A non-exempt employee who is free to leave the work area, and who is not “on call”
during lunch is not required to be paid for lunchtime.

       A secretary at central office who is duty free – may leave the building, go to the bank,
read a book – may be “off the clock” for the lunch break. His or her hours may be 8:00 a.m. to
4:30 p.m., a total of 8 hours paid time plus a half hour unpaid lunch period.

                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 21
                                                                                     Page 3 of 3

H.      Managing the Work Week

       One way commonly used to avoid overtime pay or compensatory leave is to rearrange
the employee’s work schedule. For example, if secretarial assistance is required in the evening
for a special situation such as kindergarten enrollment, the administrator may allow an equal
number of hours off that same week, thus ensuring that the total number of hours worked is the
normal 40. If the adjustment cannot take place the same week, the employee would be due
overtime pay or compensatory leave at 1½ hour for each hour worked.

I.      Compensatory Time

        Compensatory time, in lieu of overtime payment, must be authorized at no less than
straight time for hours up to 40 and at 1½ hours for each hour of work in excess of 40 hours in
a workweek and must be taken within one month in which the work was completed. If the
compensatory time is not used within this timeframe, it is to be submitted to the Payroll
Department for payment.         A compensatory time agreement must be completed by the
employee and approved by the supervisor prior to the performance of work.

J.      Authorization of Overtime

         The appropriate supervisor must approve overtime in advance. Principals/Supervisors
must not allow employees to work overtime without authorization and shall inform employees
that if they “elect” to work overtime without authorization, they may be subject to disciplinary
action. Additionally, the regulations are clear that an administrator or supervisor may not allow
workers to “volunteer” to work additional hours without compensation.

K.      Dual Employment

        Non-exempt employees are prohibited from holding two positions, either full- or part-
time.

L.      Basic Requirements

        The Fair Labor Standards Act’s (FLSA) basic requirements are:

        1.     Payment of the minimum wage;
        2.     Overtime pay for time worked over 40 hours in a workweek;
        3.     Restrictions on the employment of children; and
        4.     Recordkeeping.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 22
                                                                                     Page 1 of 7


                      GUIDELINES FOR WRITING JOB DESCRIPTIONS

What is a Job Description?

        A position description identifies, defines and describes the most important features of a
job as it is currently being performed.

       •      The general nature and level of work
       •      Specific duties
       •      Knowledge, skills and abilities necessary to perform the work

        The position description should describe and focus on the job itself and not on
individuals who might fill the position.

What is the Job Description Used For?

       •      Communication between the employee and the supervisor
       •      Identification of training needs
       •      Recruitment and selection
       •      Performance appraisal
       •      Accommodations under the Americans with Disabilities Act
       •      Determining Fair Labor Standards Act exemptions
       •      Salary surveys
       •      Distribution of work
       •      Job analysis and evaluation
       •      Grievances
       •      Worker’s compensation
       •      Legal defense
       •      Organizational design

Completing the Essential Job Function Portion of the Job Description

        The essential job functions are comprised of duty statements which group related tasks
that form a major activity.

        Duty statements should begin with an action verb in the present tense and describe what
is being done (action), how it is done (policies, procedures, equipment, etc.) and why (purpose).

       Example:       Task: Greets visitor.
                      Task: Identifies customer need.
                      Task: Assesses need for translation.
                      Duty Statement: Greets visitors, identifies language or cultural barriers
                      and the need for translation assistance.

       Avoid unnecessary words.



                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 22
                                                                                       Page 2 of 7

Example: The employee greets all visitors to the office, identifies whether any language or
cultural barriers exist or not and, based on this information, will determine if the need for
translation assistance is required.

Use a telegraphic sentence style: (Implied) subject/action verb/object/explanatory phrase

WHO               WHAT               WHO                WHY          HOW
IMPLIED           ACTION VERB        OBJECT             EXPLANATORY PHRASE
OBJECT
employee          greets             customers          clarify needs,    knowledge of
                                                        services          languages,
                                                                          policies and
                                                                          procedures

Other Tips:
   • Use clear, concise language
   • Use "supervises" when referring to people, not programs
   • Do not include work accounting for less than 2% - unless critical
   • Avoid motion analyses (i.e., sits at desk, picks up pen, opens drawer)
   • Use generic terms instead of proprietary names (i.e., copy machine vs. “Xerox”)
   • Avoid abbreviations or “in house” terms
   • Avoid gender-based language

Other Duties as Assigned

        The job description form includes a disclaimer which states that the job description is not
designed to be interpreted as a comprehensive inventory of all duties and that the employer
reserves the right to modify this job description at any time. However, a broad statement such
as: “Other duties may be assigned on an as-needed basis.” May be included to allow the
supervisor flexibility to re-assign tasks in the event someone calls in sick or for other similar
situations.

Completing the Knowledge, Skills and Abilities and Requirements Portion of the Job
Description

         The knowledge, skills and abilities that are identified for the position must be stated as
entry-level qualifications and are a major factor in determining an applicant pool. These
qualifications must relate directly to the essential functions stated in the job description. Guard
against inflated or in-house specific qualifications. Avoid identifying knowledge, skills and
abilities or requirements that cannot be validated through applications, interviews, work history,
work samples or references. Do not specify years of experience, instead identify the level of
knowledge required for the position as specified below.

Knowledge: A body of information necessary to perform a specific function.

       Level 1:       Some Knowledge: Resolution of simple problems.
       Level 2:       Working Knowledge: Resolution of typical problems in normal work
                      situations.

                           CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                        Section 22
                                                                                       Page 3 of 7

       Level 3:       Considerable Knowledge: Mastery to allow resolution of typical and
                      unique work situations.
       Level 4:       Comprehensive Knowledge: Complete mastery to allow independent
                      resolution of problems and to perform effectively in unprecedented work
                      situations.

Skill: Possession of a manipulative ability that can be observed or measured.

       Level 1:       Working Skill: Sufficient application, permitting mastery of the basic or
                      fundamental principles and practices of the subject.
       Level 2:       Considerable Skill: Fully proficient application, permitting the principles
                      and practices of the subject to be mastered.

Ability: A demonstrated competence to perform observable behavior or behavior that results in
an observable product. Only one level, Demonstrated Ability, which can be validated through
applications, interviews, work history, work samples or references is identified for this
qualification.

Requirements: Only state educational requirements, certificates or licenses that are required by
law. If not legally required, educational requirements, certificates or licenses can only be stated
as “preferred”. The phrase “education, training or experience sufficient to demonstrate the
required knowledge, skills and abilities” may be used when no legal requirements exist. Do not
specify years of experience.

Completing the Physical Demands Portion of the Job Description

        Indicate the frequency and type of physical demands of the job based on the essential
functions performed. Frequency may be stated as occasionally, frequently or constantly.

Types of Physical Demands

Balancing: Maintaining body equilibrium to prevent falling when walking, standing or crouching
on narrow, slippery or erratically moving surfaces.
Climbing: Ascending or descending ladders, stairs, scaffolding, ramps, using feet and legs
and/or hands and arms.
Crouching: Bending the body downward and forward by bending leg and spine.
Crawling: Moving about on hands and knees or hands and feet.
Feeling: Perceiving attributes of objects, such as size, shape, temperature or texture by
touching with skin, particularly that of fingertips.
Fingering: Picking, pinching, typing or otherwise working primarily with fingers rather than with
the whole hand or arm.
Grasping: Applying pressure to an object with the fingers and palm.
Hearing: Perceiving the nature of sounds at normal speaking levels or without correction.
Ability to receive detailed information through oral communication, and make fine
discriminations in sound.
Kneeling: Bending legs at knee to come to a rest on knee or knees.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                      Section 22
                                                                                     Page 4 of 7

Lifting: Raising objects from a lower to a higher position or moving objects horizontally from
position-to-position. This factor is important if it occurs to a considerable degree and requires
the substantial use of the upper extremities and back muscles. State the maximum amount of
weight the employee may be required to lift, generally no more than 50 lbs.
Pulling: Using upper extremities to exert force in order to draw, drag, haul or tug objects in a
sustained motion.
Pushing: Using upper extremities to press against something with steady force in order to thrust
forward, downward or outward.
Reaching: Extending hand(s) and arm(s) in any direction.
Repetitive Motions: Substantial movements (motions) of the wrists, hands, and/or fingers.
Standing: Particularly for sustained periods of time.
Stooping: Bending body downward and forward by bending spine at the waist.
Talking: Expressing or exchanging ideas by means of the spoken word. Those activities in
which they must convey detailed or important spoken instructions to other workers accurately,
loudly or quickly.
Walking: Moving about on foot to accomplish tasks, particularly for long distances or moving
from one work site to another.

Types of Visual Demands

Close vision: Clarity of vision at 20 inches or less.
Distance vision: Clarity of vision at 20 feet or more.
Depth perception:        Three-dimensional vision.        Ability to judge distances and spatial
relationships.
Color vision: Ability to identify and distinguish colors.
Field of vision: Observing an area that can be seen up and down or to left and right while eyes
are fixed on a given point.

Work Environment

Office or inside environment: Protection from weather conditions but not necessarily from
temperature changes.
Outside environmental conditions: No effective protection from weather.
Noise: There is sufficient noise to cause worker to shout in order to be heard above the
ambient noise level.
Vibration: Exposure to oscillating movements of extremities or whole body.
Hazards: Proximity to moving mechanical parts, moving vehicles, electrical current, working on
scaffolding, roofs and high places, exposure to high heat, toxic or caustic chemicals, blood
borne pathogens or infectious diseases.
Atmospheric conditions: Airborne particles, fumes, odors, dusts, mists, gases or poor
ventilation.

Action Verbs: The following list may be helpful when completing the essential job function
portion of the job description.




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                Section 22
                                                               Page 5 of 7

Accommodate      Account         Achieve           Acquire
Act (as)         Adapt           Address           Adjust
Administer       Adopt           Advise            Advocate
Allocate         Allot           Alter             Analyze
Answer           Apply           Appoint           Appraise
Approve          Arbitrate       Arrange           Assemble
Assess           Assign          Assist            Assume
Assure           Attain          Attract           Audit
Augment          Authorize       Award

Balance          Bargain         Batch             Budget

Calculate        Calibrate       Carry             Categorize
Certify          Check           Circulate         Clarify
Classify         Clean           Clear             Climb
Coach            Code            Collaborate       Collate
Collect          Combine         Communicate       Compare
Compile          Complete        Compose           Conduct
Confer           Consolidate     Construct         Consult
Control          Convert         Cook              Coordinate
Correlate        Correspond      Counsel           Create
Customize

Delegate         Deliver         Demonstrate       Design
Determine        Develop         Devise            Devote
Direct           Discuss         Disseminate       Distinguish
Distribute       Document        Draft             Drive

Edit             Eliminate       Encourage         Enforce
Ensure           Establish       Evaluate          Execute
Exhibit          Expand          Expedite          Extend
Extract

Facilitate       File            Forecast          Formulate
Furnish

Gather           Generate        Govern            Guide

Highlight        Hire

Identify         Illustrate      Implement         Improve
Incorporate      Increase        Influence         Inform
Initiate         Inspect         Install           Instruct
Interact         Interface       Interpret         Interview
Introduce        Investigate     Issue

Lift



              CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                Section 22
                                                               Page 6 of 7

Maintain         Manage          Market            Modify
Monitor          Motivate

Negotiate

Observe          Obtain          Operate           Organize
Originate


Participate      Perform         Persuade          Plan
Post             Predict         Prepare           Prescribe
Present          Preserve        Preside           Prevent
Print            Process         Procure           Produce
Program          Promote         Proofread         Propose
Provide          Publicize       Publish           Pull
Purchase         Push

Quantify         Question

Rank             Rate            Read              Rebuild
Recognize        Recommend       Reconcile         Record
Recruit          Redesign        Reduce            Reference
Refine           Register        Regulate          Reinforce
Reject           Release         Remit             Reorganize
Repair           Replace         Report            Represent
Rescind          Rescue          Research          Resolve
Restructure      Retrieve        Review            Revise
Reward

Salvage          Scan            Schedule          Score
Screen           Seal            Search            Secure
Select           Sell            Send              Serve
Service          Sign            Simplify          Solicit
Solve            Sort            Specify           Stack
Stimulate        Store           Strategize        Streamline
Strengthen       Study           Submit            Suggest
Summarize        Supervise       Supply            Support
Survey           Synthesize      Systematize

Tabulate         Teach           Tend              Test
Testify          Total           Trace             Trade
Train            Transact        Transcribe        Transfer
Translate        Transmit        Treat             Troubleshoot
Turn             Tutor           Type

Update           Upgrade         Usher

Validate         Verify


              CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                    Section 22
                                                                   Page 7 of 7

     Walk              Wash              Wax              Weigh
     Weld              Write


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________




                   CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 23
                                                                                      Page 1 of 2


               PROCEDURES FOR PAYMENT OF ATHLETIC SUPPLEMENTS
                     TO NON-EXEMPT, NON-CCPS EMPLOYEES

         Due to the requirements of the Fair Labor Standards Act, Chesterfield County Public
Schools must ensure that coaches, who are not regularly contracted employees of the division
are paid minimum wage for all hours worked. These employees will continue to be paid the full
supplement at the end of a successfully completed season, however there are additional
procedures now in place that must be followed with regard to these types of employees. The full
list of procedures is outlined below.

         1.     The Activities Director (AD) (or principal at the middle school level) will ensure
that a non-contractual is completed for non-CCPS employees and submitted to the appropriate
director (middle schools or high schools) for approval prior to beginning the work assignment.
This includes retired teachers and substitute teachers. If the supplement amount is unavailable
from Human Resources, space is to be left blank. Payroll and each AD (principal) will receive a
list of approved supplement amounts (based on experience) from Human Resources prior to the
end of each season. At that time, the number of hours covered by the supplement can be
derived by dividing the supplement amount by $7.25. Additionally, before the employee may
begin working, he/she will receive a letter of agreement, which outlines the terms of
employment. This letter must be signed by the employee and returned to Human Resources.
Please be advised that during the time period of the coaching assignment, these
employees may not work in any other assignment with Chesterfield County Public
Schools.

Note:     If the request involves an individual who is NOT a current employee of
Chesterfield County Public Schools, or has been separated from CCPS for a period
greater than one year, the entire section 1 of the non-contractual should be completed.
Additionally, before the individual may begin working, he/he will be required to report to
the Human Resources Department for employment processing.                   Schools and
Departments should not have individuals compete employment paperwork at their
respective sites, except for section 1 of the non-contractual agreement.

       2.      Timesheets must be kept for all non-exempt employees serving in a coaching
capacity. Hours worked do not include sleeping, eating, or travel time unless the employee is
designated as on-duty for the supervision of students. The AD (or principal) will submit all
timesheets at the end of a season to Compensation and Benefits for all non-exempt individuals
to be paid a supplement. The one exception to this rule is for Certified Athletic Trainers.
These positions are exempt from FLSA and therefore no timekeeping is required.

        3.     Individuals who have exceeded the number of hours covered by the supplement
will be paid the full supplement amount as well as $7.25 per hour for each approved hour
worked exceeding the number of hours covered by the supplement. Individuals who worked a
number of hours equal to or less than the number of hours covered by the supplement will
receive the full supplement. It is important to note that payment for time worked could
exceed the supplement even if the number of hours covered by the supplement is not




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS
                                                                                       Section 23
                                                                                      Page 2 of 2

exceeded. If an individual works more than 40 hours in a single week, payment for those
hours would be calculated at time and one-half minimum wage.            The AD (principal) is
responsible for maintaining the file of timesheets for all non-exempt individuals receiving a
supplement.

        4.    All supplements will be paid in full at the end of each season according to the list
received from Human Resources (for non-contractual employees, the payment will be made
only if there is a completed non-contractual on file in Payroll).        For those non-exempt
individuals who are entitled to pay over and above the supplement amount for additional hours
worked, the additional payment will be made at a later time after Payroll staff has verified the
number of hours recorded on the timesheets.

      5.     Time worked must be carefully monitored to avoid exceeding the supplement
amount. Finance will “bill” the schools for any amount to be paid in excess of the approved
supplement amount.

        6.      Below is an example of the calculation of the number of hours funded by a
supplement. In most cases, coaches should not exceed 40 hours worked in a single workweek.
It is possible, if an individual exceeds 40 hours in one or more weeks of the season, the
supplement could be exceeded even if the total hours covered by the supplement is not
exceeded.

Example: A volleyball coach earns $1,875 for the supplement. $1,875 divided by $7.25 = 259
hours. 259 hours divided by 10 weeks (the length of coaching assignment) = average of 26
hours per week.


Adopted:    December 8, 2009
____________________________________________________________________________
____________________________________________________________________________

Cross Ref.:    Appendix A, Section 13, Information Pertaining to the Fair Labor Standards Act




                        CHESTERFIELD COUNTY PUBLIC SCHOOLS