2010 SUMMER MAILER by kky13476

VIEWS: 12 PAGES: 87

									    2010
SUMMER MAILER
                  Summer           Mailer 2010

                                    Index
1.    Memo from Dr. Cynthia Byrd, Assistant Superintendent, Human Resources
2.    Letter from Dr. James Q. Hammond, Superintendent
3.    OMSD Calendar 2010-2011
4.    Memo – 261 Day – Classified Work Calendar
5.    Memo – Classified Employee Absence Reporting
6.    Classified Work Calendars
7.    Notice of Entitlement – Family Care Medical Leave
8.    Drug & Alcohol Free Workplace – BP 4020
9.    Drug & Alcohol Free Workplace – 4020 Exhibit
10.   Nondiscrimination In Employment – BP 4030
11.   Nondiscrimination In Employment – AR 4030
12.   Complaints Concerning Discrimination In Employment – AR 4031
13.   Sexual Harassment – BP 4119.11
14.   Sexual Harassment – AR 4119.11
15.   Family Care & Medical Leave – BP 4161.8
16.   Family Care and Medical Care Leave – AR 4161.8
17.   Family Care Medical Leave – 4161.8 Exhibit
18.   Nondiscrimination in District Programs & Activities – BP 0410
19.   Uniform Complaint Procedures – BP 1312.3
20.   Community Relations Uniform Complaint Procedures – AR 1312.3
21.   Use of Private Vehicle Request Form
22.   Tobacco Free Notifications – AR 3513.3
23.   Tobacco Free, Business & Non-Instructional Operations – BP 3513.3
24.   Tobacco Free Workplace Notice to Employees
25.   Injury and Illness Prevention Program (IIPP)
26.   Employee Assistance Program Flyer
27.   Procedure for Reporting Worker’s Comp
28.   Company Nurse On-Call Flyer
29.   Pre-Designation of Personal Physician Form
30.   Facts about Worker’s Comp
31.   MPN Pamphlet
32.   Annual Notification of Planned Pesticide Use
33.   Asbestos Hazard Emergency Response Act (AHERA)
34.   Key Security Memo
35.   Facilities Security – AR 3515
36.   Letter – Healthy Schools Act
37.   EFT Advantages and Disadvantages
38.   Electronic Fund Transfer (EFT) Memo
39.   Classified and Certificated Timecard Deadlines
40.   Memo Regarding Leaving Your Worksite Number
41.   Job Line Phone Numbers and Websites
                                                                                     BOARD OF TRUSTEES
                                                                                     Paul Vincent Avila
                                                                                     David Campio
Ontario-Montclair                                                                    Samuel Crowe
                                                                                     J. Steve Garcia
School District                                                                      Maureen Mendoza


950 West D Street, Ontario, California 91762 • (909) 459-2500 • Fax (909) 459-2544   James Q. Hammond, Ed.D.
                                                                                     Superintendent
HUMAN RESOURCES
                                                                                     Cynthia L. Byrd, J.D.
                                                                                     Assistant Superintendent
                                                                                     Human Resources




Summer 2010



Dear OMSD Colleagues:

Before we know it, summer will draw to a close and we will welcome back our students for
another year of learning. I look forward to working with you all and our new Superintendent, as
we continue the wonderful work of OMSD.

You will find enclosed an important handbook of information. There are notifications required by
law and other information which is important for you to review. Please do take some time to read
through it. The material will also be available on the District website, www.omsd.k12.ca.us, in
the Human Resources section.

Please feel welcome to contact Human Resources should you have any questions.

Sincerely,

Cynthia Byrd
Cynthia Byrd
Assistant Superintendent
Human Resources




                                  Learning Today - Leading Tomorrow
                                           Whatever It Takes
                                                                                    BOARD OF TRUSTEES
                                                                                    Paul Vincent Avila
                                                                                    David Campio
                                                                                    Samuel Crowe
Ontario-Montclair                                                                   J. Steve Garcia
                                                                                    Maureen Mendoza
School District
950 West D Street, Ontario, California 91762 • (909) 418-6445 FAX: (909) 459=2542   James Q. Hammond, Ed.D.
SUPERINTENDENT’S OFFICE                                                             Superintendent




        June 2010


        Dear OMSD Staff:

        On behalf of the Board of Trustees and myself, it is with great excitement and
        enthusiasm that I greet all of you. With another difficult budget cycle behind us, I hope
        that your respective summer schedules will allow you ample time with loved ones and
        family.

        I am honored to come to the Ontario-Montclair School District and join a team of
        teachers, professional support staff and administrators that have a common focus on
        our students. All of you are to be commended for the academic gains and family
        outreach efforts that have been accomplished over the last several years. Despite the
        fiscal challenges all public schools are facing in California, OMSD has continued to find
        ways at increasing student achievement, student attendance and family participation.
        This type of progress does not happen by accident or in isolation. Your commitment to
        work together for the benefit of children is evident and deserves ongoing recognition.

        As we prepare for the 2010-2011 school year, one of my primary tasks will be to
        observe, learn and listen from all of you as we continue to push for excellence in our
        educational system. OMSD is dependent on your initiative, innovation and dedication
        as we aspire to seek more effective ways of servicing our students and families.

        I again congratulate all of you for the fantastic accomplishments from last year. I also
        look forward to our beginning partnership as we continue to provide the best
        educational experience possible for the most valuable asset in the Ontario and Montclair
        communities, our students.




        James Q. Hammond, Ed.D.
        Superintendent



                                          Learning Today - Leading Tomorrow
                                                   Whatever It Takes
                        ONTARIO-MONTCLAIR SCHOOL DISTRICT
                                  Ontario, California

                                         May 20, 2010


TO:            Cabinet
               Department Heads
               Principals/Site Administrators
               Office Managers

FROM:          Classified Human Resources

SUBJECT:    CLASSIFIED WORK CALENDAR
            261-DAY CALENDAR
______________________________________________________________________________

Every so often the work year calendar for 12-month classified employees is calculated at 261
days rather than 260 days. This happens because of the way weekends fall on the calendar.

Wednesday, November 24, 2010 has been designated as a non work day for all 12-month
classified and classified confidential employees.

You may wish to access the Classified work calendars on the district web site at:
http://omsd/Calendars/Pages/default.aspx.
                     ONTARIO-MONTCLAIR SCHOOL DISTRICT
                               Ontario, California

                                         July 1, 2010


TO:              Classified Employees

FROM:            Human Resources

SUBJECT:         EMPLOYEE ABSENCE REPORTING


In order to facilitate the processing/tracking of employee absences, your assistance is
requested:

      •   Upon return from an absence, you must sign the site/department absence reporting
          form.

      •   If you are absent due to an extended illness/injury* (at least ten days), you must
          submit to Human Resources (with a copy to your site/department) a physician’s
          note verifying the absence (off-work order). Before returning from the extended
          absence to the work site, you must report to Human Resources with a “return to
          work order” signed by your physician. Human Resources will notify your
          site/department regarding the authorization and terms of your return to work.

          *If the absence is due to an industrial illness/injury, you must complete and
          submit the appropriate forms to the Risk Management office.

I appreciate your assistance with this matter. If you have any questions or concerns,
please call Absence desk at extension 6530.




cc:       Payroll
          Risk Management
          President-CSEA Chapter 108
         

        Classified work 
        calendars can be 
        accessed online 
        at: 
        www.omsd.k12
        .ca.us 

         

        On the home 
        page just click 
        on the calendar 
        button. 

         

         

         
 
         

        This will take 
        you to the 
        district 
        calendars. Click 
        on the classified 
        calendar that fits 
        your contract. 

         

        If you do not 
        have access to a 
        computer and 
        wish a print out 
        or have any 
        additional 
        questions, you 
        may contact 
        Human 
        Resources at 
        (909)418‐6307 
        to assist you. 
July 2010

TO:           All Employees

FROM:         Cynthia Byrd, Assistant Superintendent, Human Resources

SUBJECT:      NOTICE OF ENTITLEMENT TO FAMILY CARE MEDICAL LEAVE

_____________________________________________________________________________

Under the federal Family and Medical Leave Act and the California Family Rights Act, you are
entitled to take up to 12 weeks of unpaid leave in a 12-month period for certain qualifying
reasons. Family care and medical leave shall not exceed 12 work weeks during any 12-month
period. (29 U.S.C. 2612: Code of Regulations, Title 2, section 7297.3) A “12-month period” is
a school year, commencing on July 1 and ending on June 30 of each year. Under District
policy, any paid sick leave or other paid or unpaid leave that you have available will run
concurrently with the unpaid statutory leave. Therefore, the leave will be paid to the extent
you have paid leave available. For example, if you have five days of sick leave, and your
leave is the result of your own serious health condition, the first five days of the
leave will be paid as sick leave. Sick Leave may not be used to care for a newborn
or newly adopted child; such child-care leave is unpaid unless you have vacation or
compensatory time available.

The District will maintain your group health benefit coverage under the District’s plan at the
same level as prior to your leave. Please note that if you do not return to work, following the
current leave, you may be required to reimburse the District for health insurance premiums paid
on your behalf during your Family Care Medical Leave.

The District may require you to furnish medical certification of a serious health condition. You
will be notified in writing of this requirement and be given at least 15 days in which to furnish
medical certification to the District. Additionally, you may be required to present a fitness for
duty certification from your physician prior to returning to work. We may also require you to
furnish periodic reports of your status and intent to return to work.

If the circumstances of your leave change and you are able to return to work earlier than the
date you have already indicated, please notify the District at least two work days in advance of
your planned return to work date.

Upon your return from leave, you will be reinstated to the same or an equivalent position, in
accordance with the collective bargaining agreement and state and federal law.

It is recommended that if you have any questions, please do not hesitate to contact my office
at extension 6318.
Ontario-Montclair
Board Policy
                                                                              BP 4020 (a)
Personnel

Drug And Alcohol-Free Workplace


The Board of Trustees believes that the maintenance of drug- and alcohol-free
workplaces is essential to school and district operations.

No employee shall unlawfully manufacture, distribute, dispense, possess, use or be under
the influence of any alcoholic beverage, drug or controlled substance as defined in 21
USC 81 at any school district workplace. These prohibitions apply before, during and
after school hours. A school district workplace is any place where school district work is
performed, any school-owned or school-approved vehicle used to transport students to
and from school or school activities; any off-school sites when accommodating a school-
sponsored or school-approved activity or function where students are under district
jurisdiction; or during any period of time when an employee is supervising students on
behalf of the district or otherwise engaged in district business.

(cf. 4112.41/4212.41/4312.41 - Employee Drug Testing)
(cf. 4112.42/4212.42/4312.42 - Drug and Alcohol Testing for School Bus Drivers)

The Superintendent or designee shall notify employees of these prohibitions.
(Government Code 8355; 41 USC 702)

An employee shall abide by the terms of this policy and notify the district, within five
days, of any criminal drug or alcohol statute conviction which he/she receives for a
violation occurring in the workplace. (41 USC 702)

The Superintendent or designee shall notify the appropriate federal granting or
contracting agencies within 10 days after receiving notification, from an employee or
otherwise, of any conviction for a violation occurring in the workplace. (41 USC 701)

The Board may not employ or retain in employment persons convicted of a controlled
substance offense as defined in Education Code 44011. If any such conviction is
reversed and the person acquitted in a new trial or the charges dismissed, his/her
employment is no longer prohibited. A plea or verdict of guilty, a finding of guilt by a
court in a trial without a jury, or a conviction following a plea of nolo contendere shall be
deemed to be a conviction. (Education Code 44836, 45123)

(cf. 4112 - Appointment and Conditions of Employment)
(cf. 4212 - Appointment and Conditions of Employment)
                                                                          BP 4020 (b)


Drug And Alcohol-Free Workplace


A classified employee may be reemployed after conviction of such an offense if the
Board determines, from the evidence presented, that the person has been rehabilitated for
at least five years. (Education Code 45123)

The Board may take appropriate disciplinary action, up to and including termination, or
require the employee to satisfactorily participate in and complete a drug assistance or
rehabilitation program approved by a federal, state or local health, law enforcement or
other appropriate agency.

(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)


Legal Reference:
EDUCATION CODE
44011 Controlled substance offense
44425 Conviction of controlled substance offenses as grounds for revocation of
credential
44836 Employment of certificated persons convicted of controlled substance offenses
44940 Compulsory leave of absence for certificated persons
44940.5 Procedures when employees are placed on compulsory leave of absence
45123 Employment after conviction of controlled substance offense
45304 Compulsory leave of absence for classified persons
GOVERNMENT CODE
8350-8357 Drug-free workplace
UNITED STATES CODE, TITLE 20
7111-7117 Safe and Drug Free Schools and Communities Act
UNITED STATES CODE, TITLE 21
812 Schedule of controlled substances
UNITED STATES CODE, TITLE 41
701-707 Drug-Free Workplace Act
CODE OF FEDERAL REGULATIONS, TITLE 21
1308.01-1308.49 Schedule of controlled substances



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
Adopted: September 19, 2002 Ontario, California
Ontario-Montclair
Exhibit
                                                                    E 4020(a)
Personnel

Drug And Alcohol-Free Workplace


NOTICE TO EMPLOYEES

YOU ARE HEREBY NOTIFIED that it is a violation of Board policy for any employee
at the workplace to unlawfully manufacture, distribute, dispense, possess or use any
narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana or other
controlled substance, as defined in the Drug-Free Workplace Act of 1988.

"Workplace" is defined as any place where school district work is performed, including a
school building or other school premises; any school-owned or school-approved vehicle
used to transport students to and from school or school activities; and any off-school sites
when accommodating a school-sponsored or school-approved activity or function, such
as a field trip or athletic event, where students are under district jurisdiction.

As a condition of your continued employment with the district, you will comply with the
district's policy on Drug-Free Workplace and will, any time you are convicted of any
criminal drug or alcohol statute violation occurring in the workplace, notify your
supervisor of this conviction no later than five days after such conviction.

Pursuant to California Education Code 44836 and 45123, the Board may not employ or
retain in employment persons convicted of a controlled substance offense as defined in
Education Code 44011. If any such conviction is reversed and the person acquitted in a
new trial or the charges dismissed, his/her employment is no longer prohibited.

Pursuant to Education Code 45123, the district may employ for classified service a
person who has been convicted of a controlled substance offense only if it determines,
from evidence presented, that the person has been rehabilitated for at least five years.
The Board shall determine the type and manner of presentation of the evidence, and the
Board's determination as to whether or not the person has been rehabilitated is final.

Pursuant to Education Code 44425, whenever the holder of any credential issued by the
State Board of Education or the Commission for Teacher Preparation and Licensing has
been convicted of a controlled substance offense as defined in Education Code 44011, the
commission shall forthwith suspend the credential. Pursuant to Education Code 44065,
the district may not employ noncertificated persons in positions requiring a certificate.
When the conviction becomes final or when imposition of sentence is suspended, the
commission shall revoke the credential. (Education Code 44425)
                                                                E 4020(b)


Drug And Alcohol-Free Workplace


Pursuant to Education Code 44940 and 45304, the district must immediately place on
compulsory leave of absence any employee charged with involvement in the sale, use or
exchange to minors of certain controlled substances.

Pursuant to Education Code 44940 and 45304, the district may immediately place on
compulsory leave of absence any employee charged with certain controlled substance
offenses.

The following drug counseling, rehabilitation, and/or employee assistance programs are
available locally:

RISK MANAGEMENT
Homer F. Briggs Education Center
(909) 459-2500


ONTARIO-MONTCLAIR SCHOOL DISTRICT
version: September 17, 1998 Ontario, California
Ontario-Montclair
Board Policy
                                                                    BP 4030 (a)
Personnel
Nondiscrimination In Employment

The Board of Trustees prohibits unlawful discrimination against and/or harassment of
district employees and job applicants on the basis of actual or perceived race, color,
national origin, ancestry, religion, age, marital status, pregnancy, physical or mental
disability, medical condition, veteran status, gender, sex or sexual orientation at any
district site and/or activity. The Board also prohibits retaliation against any district
employee or job applicant who complains, testifies or in any way participates in the
district's complaint procedures instituted pursuant to this policy.

(cf. 4031 - Complaints Concerning Discrimination in Employment)
(cf. 4032 - Reasonable Accommodation)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
(cf. 4119.41/4219.41/4319.41 - Employees with Infectious Disease)

Any district employee who engages or participates in unlawful discrimination, or who
aids, abets, incites, compels or coerces another to discriminate, is in violation of this
policy and is subject to disciplinary action, up to and including dismissal.

(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)

Any district employee who observes or has knowledge of an incident of unlawful
discrimination or harassment shall report the incident to the principal, district
administrator or Superintendent as soon as practical after the incident. Failure of a
district employee to report discrimination or harassment may result in disciplinary action.

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

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

The Board designates the following position(s) as Coordinator(s) for Nondiscrimination
in Employment:
Nondiscrimination In Employment                                            BP 4030 (b)



Assistant Superintendent, Personnel Services
950 West “D” Street
Ontario, CA 91762
(909) 459-2500, Ext. 4358

Other Remedies

An employee may, in addition to filing a discrimination complaint with the district, file a
complaint with either the California Department of Fair Employment and Housing
(DFEH) or the Equal Employment Opportunity Commission (EEOC). The time limits
for filing such complaints are as follows:

1. To file a valid complaint with DFEH, the employee must file his/her complaint within
one year of the alleged discriminatory act(s), unless an exception exists pursuant to
Government Code 12960. (Government Code 12960)

2. To file a valid complaint directly with EEOC, the employee must file his/her
complaint within 180 days of the alleged discriminatory act(s). To file a valid complaint
with EEOC after filing a complaint with DFEH, the employee must file the complaint
within 300 days of the alleged discriminatory act(s) or within 30 days after the
termination of proceedings by DFEH, whichever is earlier. (42 USC 2000e-5)

Employees wishing to file complaints with the DFEH and EEOC should contact the
nondiscrimination coordinator for more information.


Legal Reference:
CIVIL CODE
51.7 Freedom from violence or intimidation
GOVERNMENT CODE
11135 Unlawful discrimination
12900-12996 Fair Employment and Housing Act
PENAL CODE
422.76 Definitions, hate crimes
CODE OF REGULATIONS, TITLE 2
7287.6 Terms, conditions and privileges of employment
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs
receiving state financial assistance
UNITED STATES CODE, TITLE 20
1681-1688 Discrimination based on sex or blindness, Title IX
UNITED STATES CODE, TITLE 29
Nondiscrimination In Employment                                BP 4030 (c)


794 Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 34
100.6 Compliance information
104.8 Notice
106.8 Designation of responsible employee and adoption of grievance procedures
106.9 Dissemination of policy
COURT DECISIONS
Carter v. California Department of Veterans Affairs (2003) 2003 Cal.LEXIS 5694
Shephard v. Loyola Marymount (2002) 102 CalApp.4th 837

Management Resources:
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Enforcement Guidance: Vicarious Employer Liability for Unlawful Harassment by
Supervisors, June 1999
Enforcement Guidance: Reasonable Accommodation and Undue Hardship under the
Americans with Disabilities Act, March, 1999
U.S. DEPARTMENT OF EDUCATION, OFFICE OF CIVIL RIGHTS
Notice of Non-Discrimination, January, 1999
WEB SITES
EEOC: http://www.eeoc.gov
OCR: http://www.ed.gov/offices/OCR
DFEH: http://www.dfeh.ca.gov



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
adopted: September 16, 2004 Ontario, California
Ontario-Montclair
Administrative Regulation

Personnel                                                                     AR 4030

Nondiscrimination In Employment


Discriminatory Harassment

Unlawful harassment based on a person's race, sex, or other attribute listed in the district's
nondiscrimination policy includes, but is not limited to, the following:

1.     Slurs, epithets, threats, or verbal abuse.

2.     Derogatory or degrading comments, descriptions, drawings, pictures or gestures.

3.     Unwelcome jokes, stories or teasing.

4.      Any other verbal, visual or physical conduct which adversely affects the
individual's employment opportunities or has the purpose or effect of unreasonably
interfering with his/her work performance or creating an intimidating, hostile or offensive
working environment.

Harassment may arise not only as a result of the offender's intention, but also as a result
of the offended person's perception of the offensive conduct and the way in which it
affects him/her.

Any employee or applicant for employment who feels that he/she is being unlawfully
harassed should immediately contact his/her supervisor or the Superintendent or designee
in order to obtain procedures for reporting a complaint. Such complaints can be filed in
accordance with AR 4031 - Complaints Concerning Discrimination in Employment.

Any supervisor who receives a harassment complaint shall notify the Superintendent or
designee, who shall ensure that the complaint is appropriately investigated.
Discrimination complaint procedures prohibit retaliatory behavior against any
complainant or any participant in the complaint process.

(cf. 4031 - Complaints Concerning Discrimination in Employment)


Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
approved: September 17, 1998 Ontario, California
Ontario-Montclair
Administrative Regulation
                                                                          AR 4031 (a)
Personnel
Complaints Concerning Discrimination In Employment


The Board of Trustees designates the following person(s) as Coordinator(s) for
Nondiscrimination in Employment:

Assistant Superintendent, Personnel Services
Ontario-Montclair School District
950 West D Street, Ontario, CA 91762
(909) 459-2500

The following procedures shall be followed when an employee has a complaint alleging
that a specific action, policy, procedure or practice discriminates against him/her on any
basis specified in the district's nondiscrimination policies.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4030 - Nondiscrimination in Employment)

1.     The complaint must be initiated within 30 days after a complainant knew, or
should have known, of the alleged discrimination.

2.      All parties involved in allegations of discrimination shall be notified when a
complaint is filed, when a complaint meeting or hearing is scheduled, and when a
decision or ruling is made. The complainant also shall be notified of his/her right to
appeal the decision to the next level.

3.     When a complaint is brought against the individual responsible for the complaint
process at any level, the complainant may address the complaint directly to the next
appropriate level.

4.       Meetings related to a complaint shall be held at times the district determines as
least likely to interfere with school schedules and operations.

5.     For the protection of the complainant and the district, complaint proceedings shall
be kept confidential insofar as appropriate.

6.     All documents, communications and records dealing with the complaint shall be
placed in a district complaint file.
Complaints Concerning Discrimination In Employment                     AR 4031 (b)



7.      No retaliation shall be taken in any form for the filing of a complaint, the
reporting of instances of discrimination, or for participation in the complaint procedures.
Such participation shall not in any way affect the status or work assignments of the
complainant.

8.     Time limits specified in these procedures may be revised only by written mutual
agreement of all parties involved. If the district fails to respond within a specified or
adjusted time limit, a complainant may proceed to the next level. If a complainant fails to
take the complaint to the next step within the prescribed time, the complaint shall be
considered settled at the preceding step.

Level I

The complainant shall first meet informally with the principal of the school where the
allegedly discriminatory act occurred. A complaint regarding discrimination away from a
school site should be discussed informally with an administrator selected by the
Superintendent. If the complainant's concerns are not clear or cannot be resolved through
informal discussion, the principal or other administrator shall prepare, within 10 working
days, a written summary of his/her meeting(s) with the complainant. This report shall be
available if requested by the nondiscrimination coordinator.

Level II

If a complaint cannot be satisfactorily resolved at Level I, the complainant may submit a
formal written complaint to the district nondiscrimination coordinator within 10 days of
his/her attempt to resolve the complaint informally. The written complaint shall include
the following:

1.        The complainant's signature or that of his/her representative.

2.        The complainant's name, address and telephone number.

3.      The name and address of the district staff member who committed the alleged
violation.

4.        A description of the allegedly discriminatory act(s) or omission(s).

5.        The discriminatory basis alleged.

6.      A specific description of the time, place, nature, participants in and witnesses to
the alleged violation.
Complaints Concerning Discrimination In Employment                  AR 4031 (c)



7.    Other pertinent information which may assist in investigating and resolving the
complaint.

The nondiscrimination coordinator shall assign a staff member to assist the complainant
with this writing if such help is needed. The coordinator shall respond to the complainant
in writing within 10 working days.

The coordinator shall conduct any investigation necessary to respond to the complaint,
including discussion with the complainant, person(s) involved, appropriate staff members
and students, and review of the Level I report and all other relevant documents. If a
response from third parties is necessary, the coordinator may designate up to ten
additional working days for investigation of the complaint.

Level III

If the complaint cannot be resolved at Level II, the complainant may present the
complaint to the Superintendent or designee within 10 days. The Superintendent or
designee shall review the Level II investigation file, including the written complaint and
all responses from district staff. The Superintendent or designee shall respond to the
complainant in writing within 10 working days.

If the Superintendent or designee finds it necessary to conduct further investigation,
he/she may designate up to 10 additional working days for such investigation and shall
respond to the complainant in writing within 10 days of completing the investigation.

Level IV

If the matter is not resolved at Level III, the complainant may file a written appeal to the
Board within 10 working days after receiving the Level III response. The Superintendent
or designee shall provide the Board with all information presented at previous levels.

The Board shall grant the hearing request for the next regular Board meeting for which it
can be placed on the agenda. Any complaint against a district employee shall be
conducted in closed session as a personnel matter. The Board shall render its decision
within ten working days.

(cf. 1312.1 - Complaints Concerning District Employees)

The Board may appoint a hearing panel to review the complaint and previous decisions
and make recommendations to the Board. The panel shall hear the appeal and render its
decision within 10 working days.
Complaints Concerning Discrimination In Employment                         AR 4031 (d)


Other Remedies

Complainants may appeal the district's action to the California Department of Education.
The Superintendent or designee shall ensure that complainants are informed that
injunctions, restraining orders and other civil law remedies may also be available to them.
This information shall be published with the district's nondiscrimination complaint
procedures and included in any related notices. (Education Code 262.3)


Legal Reference:
EDUCATION CODE
200-262.3 Prohibition of discrimination
GOVERNMENT CODE
12920-12921 Nondiscrimination
12940-12948 Discrimination prohibited; unlawful practices, generally
TITLE VI, CIVIL RIGHTS ACT OF 1964
TITLE VII, CIVIL RIGHTS ACT OF 1964
TITLE IX, EDUCATION AMENDMENTS OF 1972
SECTION 504, REHABILITATION ACT OF 1973
AGE DISCRIMINATION ACT OF 1975
AMERICANS WITH DISABILITIES ACT



Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
approved: September 17, 1998 Ontario, California
Ontario-Montclair
Board Policy
                                                                     BP 4119.11(a)
Personnel

Sexual Harassment


The Board of Trustees prohibits sexual harassment of district employees and job
applicants. The Board also prohibits retaliatory behavior or action against district
employees or other persons who complain, testify or otherwise participate in the
complaint process established pursuant to this policy and administrative regulation.

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 4030 - Nondiscrimination in Employment)

The Superintendent or designee shall take all actions necessary to ensure the prevention,
investigation, and correction of sexual harassment, including but not limited to:

1.      Providing training to employees in accordance with law and administrative
regulation

2.     Publicizing and disseminating the district's sexual harassment policy to staff

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

3.     Ensuring prompt, thorough, and fair investigation of complaints

4.     Taking timely and appropriate corrective/remedial action(s), which may require
interim separation of the complainant and the alleged harasser and subsequent monitoring
of developments

All complaints and allegations of sexual harassment shall be kept confidential to the
extent necessary to carry out the investigation or to take other subsequent necessary
actions. (5 CCR 4964)

Any district employee or job applicant who feels that he/she has been sexually harassed
or who has knowledge of any incident of sexual harassment by or against another
employee, a job applicant or a student, shall immediately report the incident to his/her
supervisor, the principal, district administrator or Superintendent.

A supervisor, principal or other district administrator who receives a harassment
complaint shall promptly notify the Superintendent or designee.
                                                                    BP 4119.11(b)

Sexual Harassment

Complaints of sexual harassment shall be filed in accordance with AR 4031 - Complaints
Concerning Discrimination in Employment. An employee may bypass his/her supervisor
in filing a complaint where the supervisor is the subject of the complaint.

(cf. 4031 - Complaints Concerning Discrimination in Employment)

Any district employee who engages or participates in sexual harassment or who aids,
abets, incites, compels, or coerces another to commit sexual harassment against a district
employee, job applicant, or student is in violation of this policy and is subject to
disciplinary action, up to and including dismissal.

(cf. 4117.4 - Dismissal)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)


Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination on the basis of sex
GOVERNMENT CODE
12900-12996 Fair Employment and Housing Act, especially:
12940 Prohibited discrimination
12950.1 Sexual harassment training
LABOR CODE
1101 Political activities of employees
1102.1 Discrimination: sexual orientation
CODE OF REGULATIONS, TITLE 2
7287.8 Retaliation
7288.0 Sexual harassment training and education
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs
receiving state financial assistance
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964, as amended
2000h-2-2000h-6 Title IX, 1972 Education Act Amendments
CODE OF FEDERAL REGULATIONS, TITLE 34
106.9 Dissemination of policy
COURT DECISIONS
Department of Health Services v. Superior Court of California, (2003) 31 Cal.4th 1026
Faragher v. City of Boca Raton, (1998) 118 S.Ct. 2275
Burlington Industries v. Ellreth, (1998) 118 S.Ct. 2257
                                                                 BP 4119.11(c)

Sexual Harassment


Gebser v. Lago Vista Independent School District, (1998) 118 S.Ct. 1989
Oncale v. Sundowner Offshore Serv. Inc., (1998) 118 S.Ct. 998
Meritor Savings Bank, FSB v. Vinson et al., (1986) 447 U.S. 57

Management Resources:
OFFICE OF CIVIL RIGHTS AND NATIONAL ASSOCIATION OF ATTORNEYS
GENERAL
Protecting Students from Harassment and Hate Crime, January, 1999
WEB SITES
California Department of Fair Employment and Housing: http://www.dfeh.ca.gov
Equal Employment Opportunity Commission: http://www.eeoc.gov
U.S. Department of Education, Office of Civil Rights: http://www.ed.gov/offices/OCR



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
adopted: August 23, 2007 Ontario, California
Ontario-Montclair SD
Administrative Regulation
Sexual Harassment

AR 4119.11
Personnel


Definitions

Prohibited sexual harassment includes, but is not limited to, unwelcome sexual advances,
unwanted requests for sexual favors, or other unwanted verbal, visual, or physical
conduct of a sexual nature made against another person of the same or opposite sex in the
work or educational setting when: (Education Code 212.5; 5 CCR 4916)

1.      Submission to the conduct is made explicitly or implicitly a term or condition of
the individual's employment.

2.      Submission to or rejection of such conduct by the individual is used as the basis
for an employment decision affecting him/her.

3.      The conduct has the purpose or effect of having a negative impact upon the
individual's work or has the purpose or effect of creating an intimidating, hostile, or
offensive work environment. The conduct is sufficiently severe, persistent, pervasive, or
objectively offensive so as to create a hostile or abusive working environment or to limit
the individual's ability to participate in or benefit from an education program or activity.

4.      Submission to or rejection of the conduct by the other individual is used as the
basis for any decision affecting him/her regarding benefits, services, honors, programs, or
activities available at or through the district.

Other examples of actions that might constitute sexual harassment, whether committed by
a supervisor, a co-worker, or a non-employee, in the work or educational setting, include,
but are not limited to:

1.      Unwelcome verbal conduct such as sexual flirtations or propositions; graphic
comments about an individual's body; overly personal conversations or pressure for
sexual activity; sexual jokes or stories; unwelcome sexual slurs, epithets, threats,
innuendoes, derogatory comments, sexually degrading descriptions, or the spreading of
sexual rumors

2.     Unwelcome visual conduct such as drawings, pictures, graffiti, or gestures;
sexually explicit emails; displaying sexually suggestive objects

3.     Unwelcome physical conduct such as massaging, grabbing, fondling, stroking, or
brushing the body; touching an individual's body or clothes in a sexual way; cornering,
blocking, leaning over, or impeding normal movements

Prohibited sexual harassment may also include any act of retaliation against an individual
who reports a violation of the district's sexual harassment policy or who participates in
the investigation of a sexual harassment complaint.

Training

Every two years, the Superintendent or designee shall ensure that supervisory employees
receive at least two hours of classroom or other effective interactive training and
education regarding sexual harassment. All newly hired or promoted supervisory
employees shall receive training within six months of their assumption of the supervisory
position. (Government Code 12950.1)

The district's training and education program for supervisory employees shall include
information and practical guidance regarding the federal and state laws on the prohibition
against and the prevention and correction of sexual harassment, and the remedies
available to the victims of sexual harassment in employment. The training shall also
include all of the content specified in 2 CCR 7288.0 and practical examples aimed at
instructing supervisors in the prevention of harassment, discrimination, and retaliation.
(Government Code 12950.1; 2 CCR 7288.0)

In addition, the Superintendent or designee shall ensure that all employees receive
periodic training regarding the district's sexual harassment policy, particularly the
procedures for filing complaints and employees' duty to use the district's complaint
procedures.

Notifications

A copy of the Board policy and this administrative regulation shall: (Education Code
231.5)

1.      Be displayed in a prominent location in the main administrative building, district
office, or other area of the school where notices of district rules, regulations, procedures,
and standards of conduct are posted

2.     Be provided to each faculty member, all members of the administrative staff, and
all members of the support staff at the beginning of the first quarter or semester of the
school year or whenever a new employee is hired

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

3.    Appear in any school or district publication that sets forth the school's or district's
comprehensive rules, regulations, procedures, and standards of conduct
All employees shall receive either a copy of information sheets prepared by the
California Department of Fair Employment and Housing (DFEH) or a copy of district
information sheets that contain, at a minimum, components on: (Government Code
12950)

1.     The illegality of sexual harassment

2.     The definition of sexual harassment under applicable state and federal law

3.     A description of sexual harassment, with examples

4.     The district's complaint process available to the employee

(cf. 4031 - Complaints Concerning Discrimination in Employment)

5.    The legal remedies and complaint process available through DFEH and the Equal
Employment Opportunity Commission (EEOC)

6.     Directions on how to contact DFEH and the EEOC

7.     The protection against retaliation provided by 2 CCR 7287.8 for opposing
harassment prohibited by law or for filing a complaint with or otherwise participating in
an investigation, proceeding, or hearing conducted by DFEH and the EEOC

In addition, the district shall post, in a prominent and accessible location, DFEH's poster
on discrimination in employment and the illegality of sexual harassment. (Government
Code 12950)



Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
approved: October 2, 2008 Ontario, California
Ontario-Montclair
Board Policy
                                                            BP 4161.8
                                                               4261.8
                                                               4361.8
Personnel

Family Care and Medical Leave


The Governing Board shall grant family care and medical leave to eligible employees in
accordance with current state and federal law. Employees taking this leave shall be
reinstated in the same or a comparable position upon returning from family care leave,
except as allowed by law.

Employees who take medical leave for their own serious health condition shall present
certification from their health care provider to the effect that they are able to resume
work.


Legal Reference:
GOVERNMENT CODE
12940 Unlawful employment practices
12945 Pregnancy; childbirth or related medical condition; unlawful practice
12945.1-12945.2 California Family Rights Act
19702.3 Family care leave; exercise of rights
CODE OF REGULATIONS, TITLE 2
7291.2-7291.16 Sex discrimination: pregnancy and related medical conditions
7297.0-7297.11 Family care leave
UNITED STATES CODE, TITLE 29
2601-2654 Family and Medical Leave Act of 1993
CODE OF FEDERAL REGULATIONS, TITLE 29
825.100-825.800 Family and Medical Leave Act of 1993

Management Resources:
WEB SITES
U.S. Department of Labor, Employment Standards Administration, Wage and Hour
Division: http://www.dol.gov



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
adopted: September 20, 2001 Ontario, California
Ontario-Montclair
Administrative Regulation
                                                                                AR 4161.8 (a)
                                                                                   4216.8
                                                                                   4316.8
Personnel

Family Care and Medical Leave


The district permits eligible employees to utilize family care and medical leave pursuant
to federal and state law.

Family care and medical leave taken pursuant to this policy shall run concurrently with
any paid leave to which the employee is entitled under any other District policy or state
or federal law. (29 CFR 825.208) In the case of pregnancy leave taken pursuant to this
policy, the employee may elect to use accrued paid vacation and/or sick leave in lieu of
unpaid pregnancy leave, in which case unpaid pregnancy leave under this policy shall run
concurrently with the paid leave.

Definitions

Child means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis as long as the child is under 18 years of age or an adult
dependent child. (29 USC 2611; Government Code 12945.2)

Parent means a biological, foster or adoptive parent, a stepparent, a legal guardian, or
another person who stood in loco parentis to the employee when the employee was a
child. (29 USC 2611; Government Code 12945.2)

Instructional employee means an employee whose principal function is to teach;
instructional employees include athletic coaches, driving instructors, special education
assistants and signers for the hearing impaired. The term does not include teacher
assistants or aides, counselors, psychologists, curriculum specialists or other primarily
noninstructional employees. (29 CFR 825.600)

Serious health condition means an illness, injury, impairment or physical or mental
condition that involves either of the following: (29 USC 2611; Government Code
12945.2)

1. Inpatient care in a hospital, hospice or residential health care facility.

2. Continuing treatment or continuing supervision by a health care provider involving:
                                                                                 AR 4161.8 (b)
                                                                                    4216.8
                                                                                    4316.8

Family Care and Medical Leave (continued)


a. A period of incapacity (i.e., inability to work) of more than three consecutive calendar
days, and any subsequent treatment or period of incapacity relating to the same condition,
that also involves:

 (1)    Treatment two or more times by a health care provider, by a nurse or physician's
assistant under direct supervision of a health care provider, or by a provider of health care
services (e.g., physical therapist) under orders of, or on referral by, a health care provider;
or

(2)   Treatment by a health care provider on at least one occasion which results in a
regimen of continuing treatment under the supervision of the health care provider.

b. Any period of incapacity due to pregnancy, or for prenatal care.

c. Any period of incapacity or treatment for such incapacity due to a chronic serious
health condition.

d. A period of incapacity which is permanent or long-term due to a condition for which
treatment may not be effective. The employee or family member must be under the
continuing supervision of, but need not be receiving active treatment by, a health care
provider.

e. Any period of absence to receive multiple treatments by a health care provider, either
for restorative surgery after an accident or other injury, or for a condition that would
likely result in a period of incapacity of more than three consecutive days in the absence
of medical intervention or treatment.

3. Treatment does not include routine physical examinations, eye examinations, or dental
examinations. A regimen of continuing treatment includes, for example, a course of
prescription medication (e.g., an antibiotic) or therapy requiring special equipment to
resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment
that includes the taking of over-the-counter medications such as aspirin, antihistamines,
or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be
initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a
regimen of continuing treatment for purposes of FMLA leave.
                                                                             AR 4161.8 (c)
                                                                                4216.8
                                                                                4316.8

Family Care and Medical Leave (continued)


Eligibility

Any eligible employee who has served the district more than one continuous year and
who worked at least 1,250 hours in the 12-month period preceding the leave shall be
eligible to take unpaid family care and medical leave under the provisions of state and
federal law. (29 USC 2611; Government Code 12945.2; 29 CFR 825. 110; 2 CCR
7297.0)

For eligibility purposes, full-time teachers who have been employed by the District for at
least one full year are deemed to meet the 1,250 hour test. (29 CFR 825.110)

Family care and medical leave may be used for the following reasons: (29 USC 2612;
Government Code 12945.2)

1. Because of the birth of the employee's child, and in order to care for the child.

2. Because of the placement of a child with the employee for foster care or in connection
with the employee's adoption of the child.

3. In order to care for the employee's child, parent or spouse with a serious health
condition.

4. Because of the employee's own serious health condition which makes the employee
unable to perform the functions of his/her job, except for leave taken for disability on
account of pregnancy, childbirth or related medical conditions.

Requests, Advance Notice and Certification

The employee shall give the district at least 30 days' written advance notice of his/her
need for family care and medical leave. If the employee learns of the need for this leave
fewer than 30 days in advance, he/she shall provide such notice as soon as practicable.
(29 USC 2612; Government Code 12945.2) Where leave is foreseeable but notice is not
provided at least 30 days in advance, the District may deny the leave for up to 30 days
from the date notice is given. (29 CFR 825.304)

If leave is needed for a planned medical treatment or supervision, the employee shall
make a reasonable effort to schedule the treatment or supervision to avoid disruption of
district operations. This scheduling shall be subject to the health care provider's approval.
(29 USC 2612; Government Code 12945.2)
                                                                              AR 4161.8 (d)
                                                                                 4216.8
                                                                                 4316.8

Family Care and Medical Leave (continued)


When requesting family care and medical leave because of a serious health condition, the
request shall be supported by a certification from the health care provider of the person
requiring care. This certification shall include the following: (29 USC 2613; Government
Code 12945.2; 2 CCR 7297.0)

1. The date on which the serious health condition began.

2. The probable duration of the condition.

3. If the employee is requesting leave to care for a child, spouse or parent who has a
serious health condition, the health care provider's certification of both of the following:

a. Estimated amount of time the health care provider believes the employee needs to care
for the child, parent or spouse.

b. Statement that the serious health condition warrants the participation of a family
member to provide care during a period of the treatment or supervision of the child,
parent or spouse.

4. If the employee is requesting leave because of his/her own serious health condition,
the health care provider's certification that due to the serious health condition, the
employee is unable to perform the functions of his/her job.

The health care provider's certification need not identify the serious health condition
involved. When the employee is requesting leave because of his/her own serious health
condition, this information may be included at the employee's option. (2 CCR 7297.0)

If additional leave is needed when the time estimated by the health care provider expires,
the district may require the employee to provide recertification as specified above. (29
USC 2613; Government Code 12945.2)

If the employee is requesting leave for intermittent treatment or is requesting leave on a
reduced leave schedule for planned medical treatment, the certification must also state the
medical necessity for the leave, the dates on which treatment is expected to be given, the
duration of such treatment, and the expected duration of the leave. (29 USC 2613)

If the district has reason to doubt the validity of a certification that accompanies a request
for leave, the district may challenge the certification and require the employee to obtain,
at district expense, a second opinion from a district-approved health care practitioner. If
                                                                              AR 4161.8 (e)
                                                                                 4216.8
                                                                                 4316.8
Family Care and Medical Leave (continued)

the second opinion is contrary to the first, the district may require, again at district
expense, that the employee obtain a third medical opinion from a third health care
practitioner approved by both the employee and the district. (29 USC 2613; Government
Code 12945.2)

Terms of Leave

Family care and medical leave shall not exceed 12 work weeks during any 12-month
period. (29 USC 2612; 2 CCR 7297.3) A "12-month period" is a school year,
commencing on July 1 and ending on June 30 of each year.

Leave taken pursuant to the California Family Rights Act shall run concurrently with
leave taken pursuant to the federal Family and Medical Leave Act (FMLA), except for
any leave taken under the FMLA for disability on account of pregnancy, childbirth, or
related medical conditions. In addition to family care and medical leave, an employee
may be entitled to take pregnancy disability leave of up to four months. During the
otherwise unpaid portion of pregnancy disability leave, the employee may use any
accrued vacation, sick time or other paid leave. (Government Code 12945, 12945.2)

Leave taken for the birth or placement of a child must be concluded within one year of
the birth or placement of the child.

If both parents of a child work for the district, their family care and medical leave related
to the birth or placement of the child shall be limited to a total of 12 weeks. (Government
Code 12945.2)

During the period of family care and medical leave, the district shall require the
employee to use his/her accrued vacation leave, other accrued time off, and any other
paid or unpaid time off negotiated with the district. Accrued sick leave shall be used
when the purpose of the family care and medical leave is one for which sick leave may be
taken pursuant to collective bargaining agreements and/or Board policy. (Government
Code 12945.2)

Instructional Employees: Leaves Near the End of the Term

The district may require an instructional employee to continue taking a requested leave
until the end of the term in any of the following situations: (29 USC 2618)

1. If the instructional employee begins a leave of three or more weeks' duration more
than five weeks before the end of a term and would subsequently return to work during
the last three weeks of the term.
                                                                             AR 4161.8 (f)
                                                                                4216.8
                                                                                4316.8

Family Care and Medical Leave (continued)

2. If the instructional employee, for reasons other than his/her own serious health
condition, begins a leave of more than two weeks' duration during the period that begins
five weeks before the end of the term and would subsequently return to work during the
last two weeks of the term.

3. If the instructional employee, for reasons other than his/her own serious health
condition, begins a leave of more than five days' duration during the period that begins
three weeks before the end of the term.

Maintenance of Benefits

During the period of family care and medical leave, the employee shall continue to be
entitled to participate in the district's medical, dental and vision plan. (29 USC 2614;
Government Code 12945.2)

If the employee fails to return from leave after the leave period has expired for a reason
other than the continuation, recurrence or onset of a serious health condition or other
circumstances beyond the employee's control, the employee may be required to
reimburse any health premiums paid by the district during the period of leave.
(Government Code 12945.2)

The employee shall also continue to be entitled to participate in life, disability and
accident insurance plans, pension and retirement plans, supplemental unemployment
benefit plans, and/or any other employee welfare benefit plan to the same extent and
under the same conditions as apply to an unpaid leave taken for any other purpose. In the
absence of these conditions, the employee shall continue to be entitled to participate in
these plans and the district may, at its discretion, require the employee to pay the
premium for periods not covered by accrued leave. (Government Code 12945.2)

Maintenance of Status

The employee shall retain his/her employee status with the district during the leave
period, and the leave shall not constitute a break in service for purposes of longevity or
seniority under any employee benefit plan or collective bargaining agreement. For
purposes of layoff, recall, promotion, job assignment and seniority-related benefits such
as vacation, the employee returning from family care and medical leave shall return with
no less seniority than he/she had when the leave began. (29 USC 2614; Government
Code 12945.2)
                                                                             AR 4161.8 (g)
                                                                                4216.8
                                                                                4316.8

Family Care and Medical Leave (continued)

Reinstatement

Upon granting an employee's request for family care and medical leave, the district shall
guarantee to reinstate the employee in the same or a comparable position when the leave
ends. (29 USC 2614; Government Code 12945.2)

The district may refuse to reinstate an employee returning from leave to the same or a
comparable position if all of the following apply: (29 USC 2614; Government Code
12945.2)

1. The employee is a salaried "key employee" who is among the highest paid 10 percent
of those district employees who are employed within 75 miles of the employee's
worksite.

2. The refusal is necessary to prevent substantial and grievous economic injury to district
operations.

3. The district informs the employee of its intent to refuse reinstatement at the time it
determines that the refusal is necessary, and the employee fails to immediately return to
service.

An employee who takes leave has no greater right to reinstatement than if he/she had
been continuously employed during the leave period. If the district reduces its work force
during the leave period and the employee is laid off for legitimate reasons at that time,
he/she is not entitled to reinstatement, provided the district has no continuing obligations
under a collective bargaining agreement or otherwise. (CFR 825.216)

Notifications

In accordance with law, the district shall notify employees of their right to request family
care and medical leave. Separate notices about federal and state law related to family care
and medical leave shall be posted in a conspicuous place. Information about employee
rights and obligations related to such leaves shall also be included in employee
handbooks. (29 USC 2619; 2 CCR 7297.9)

At least the first time in each six-month period that an employee requests family care and
medical leave, the Superintendent or designee shall provide written notice detailing
specific expectations and obligations and explaining any consequences of a failure to
meet these obligations. The notice shall include: (29 CFR 825.301)
                                                                             AR 4161.8 (h)
                                                                                4216.8
                                                                                4316.8

Family Care and Medical Leave (continued)

1. Notice that the leave will be counted against the employee's annual family care and
medical leave entitlement.

2. Requirements for the employee to furnish medical certification of a serious health
condition.

3. The employee's right to substitute paid leave, conditions related to any substitution,
and whether the district requires this substitution.

4. Health benefit arrangements.

5. If applicable, the employee's status as a "key employee" and information related to
restoration of that status.

6. The employee's right to restoration to the same or an equivalent job.

7. The employee's potential liability for health benefits should the employee not return to
service.

8. The district's requirement that the employee, upon return, present medical certification
to the effect that he/she is able to resume work.

Regulation  ONTARIO-MONTCLAIR SCHOOL DISTRICT
approved: September 20, 2001 Ontario, California
Ontario-Montclair
Exhibit
                                                                           E 4161.8(a)
                                                                             4261.8
Personnel                                                                     4361.8

Family Care and Medical Leave

Your Rights Under The
Family And Medical Leave Act Of 1993

MLA requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to "eligible" employees for certain family and medical reasons. Employees are
eligible if they have worked for a covered employer for at least one year, and for 1,250
hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
The 1,250 hours must be time actually at work.

Reasons for Taking Leave

Unpaid leave must be granted for any of the following reasons:

1. To care for the employee's child after birth, or placement with the employee for
adoption or foster care;

2. To care for the employee's spouse, son or daughter, or parent, who has a serious health
condition; or

3. For a serious health condition that makes the employee unable to perform the
employee's job.

At the employee's or employer's option, certain kinds of paid leave may be substituted for
unpaid leave.

Advance Notice of Medical Certification

The employee may be required to provide advance leave notice and medical certification.
Taking of leave may be denied if requirements are not met.

1. The employee ordinarily must provide 30 days' advance notice when the leave is
"foreseeable."

2. An employer may require medical certification to support a request for leave because
of a serious health condition, and may require second or third opinions (at the employer's
expense) and a fitness for duty report to return to work.
                                                                          E 4161.8(b)
                                                                            4261.8
                                                                             4361.8

Family Care and Medical Leave

3. For the duration of FMLA leave, the employer must maintain the employee's health
coverage under any "group health plan."

4. Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits and other employment terms.

Job Benefits and Protection

The use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee's leave.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:

1. Interfere with, restrain, or deny the exercise of any right provided under FMLA; and

2. Discharge or discriminate against any person for opposing any practice made unlawful
by FMLA or for involvement in any proceeding under or relating to FMLA.

Enforcement

1. The U.S. Department of Labor is authorized to investigate and resolve complaints of
violations.

2. An eligible employee may bring a civil action against an employer for violations.

FMLA does not affect any federal or state law prohibiting discrimination, or supersede
any state or local law or collective bargaining agreement which provides greater family
or medical leave rights.

For Additional Information

Contact the nearest office of the Wage and Hour Division, listed in most telephone
directories under U.S. Government, Department of Labor.


Exhibit ONTARIO-MONTCLAIR SCHOOL DISTRICT
version: September 20, 2001Ontario, California
Ontario-Montclair
Board Policy
                                                                              BP 0410 (a)
Philosophy, Goals, Objectives and Comprehensive Plans

Nondiscrimination In District Programs And Activities


The Board of Trustees is committed to equal opportunity for all individuals in education.
District programs and activities shall be free from discrimination based on gender, sex,
race, color, religion, ancestry, national origin, ethnic group identification, marital or
parental status, physical or mental disability, sexual orientation or the perception of one
or more of such characteristics. The Board shall promote programs which ensure that
discriminatory practices are eliminated in all district activities.

(cf. 4030 - Nondiscrimination in Employment)
(cf. 4032 - Reasonable Accommodation)
(cf. 4119.11/4219.11/4319.11 - Sexual Harassment)
(cf. 5145.3 - Nondiscrimination/Harassment)
(cf. 5145.7 - Sexual Harassment)
(cf. 5146 - Married/Pregnant/Parenting Students)
(cf. 6145.2 - Athletic Competition)
(cf. 6164.4 - Identification of Individuals for Special Education)
(cf. 6164.6 - Identification and Education under Section 504)
(cf. 6178 - Vocational Education)
(cf. 6200 - Adult Education)

District programs and facilities, viewed in their entirety including any public or private
entity utilizing district property to provide a service,, shall be in compliance with the
Americans with Disabilities Act.

The Superintendent or designee shall ensure that the district provides auxiliary aids and
services when necessary to afford individuals with disabilities equal opportunity to
participate in or enjoy the benefits of a service, program or activity. These aids and
services may include, but are not limited to, qualified interpreters or readers, assistive
listening devices, notetakers, written materials, taped text, and Braille or large print
materials.

(cf. 5124 - Communication with Parents/Guardians)

Individuals with disabilities shall notify the Superintendent, principal, or designee if they
have a disability that requires special assistance or services. Reasonable notification
should be given prior to the school-sponsored function, program or meeting.
                                                                             BP 0410 (b)

Nondiscrimination In District Programs And Activities (continued)


(cf. 9320 - Meetings and Notices)
(cf. 9322 - Agenda/Meeting Materials)

The Superintendent or designee shall notify students, parents/guardians, employees,
employee organizations and applicants for admission and employment, and sources of
referral for applicants about the district's policy on nondiscrimination. Such notification
shall be included in each announcement, bulletin, catalog, application form or other
recruitment materials distributed to these groups. (34 CFR 104.8, 106.9)

The Superintendent or designee shall also provide information about related complaint
procedures.

(cf. 1312.3 - Uniform Complaint Procedures)
(cf. 4031 - Complaints Concerning Discrimination in Employment)

In compliance with law, the district's nondiscrimination policy shall be published in the
individual's primary language to the extent practicable.

(cf. 5145.6 - Parental Notifications)


Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
48985 Notices to parents in language other than English
GOVERNMENT CODE
11000 Definitions
11138 Rules and regulations
12900-12996 Fair Employment and Housing Act
54953.2 Brown Act compliance with Americans with Disabilities Act
PENAL CODE
422.55 Definition of hate crime
422.6 Interference with constitutional right or privilege
CODE OF REGULATIONS, TITLE 5
4900-4965 Nondiscrimination in elementary and secondary education programs receiving
state financial assistance
UNITED STATES CODE, TITLE 20
1400-1487 Individuals with Disabilities in Education Act
1681-1688 Discrimination based on sex or blindness, Title IX
2301-2415 Carl D. Perkins Vocational and Applied Technology Act
6311 State plans
                                                                            BP 0410 (c)

Nondiscrimination In District Programs And Activities (continued)


6312 Local education agency plans
UNITED STATES CODE, TITLE 29
794 Section 504 of the Rehabilitation Act of 1973
UNITED STATES CODE, TITLE 42
2000d-2000d-7 Title VI, Civil Rights Act of 1964
2000e-2000e-17 Title VII, Civil Rights Act of 1964 as amended
2000h-2000h-6 Title IX
12101-12213 Americans with Disabilities Act
CODE OF FEDERAL REGULATIONS, TITLE 28
35.101-35.190 Americans with Disabilities Act
36.303 Auxiliary aids and services
CODE OF FEDERAL REGULATIONS, TITLE 34
100.1-100.13 Nondiscrimination in federal programs, effectuating Title VI
104.1-104.39 Section 504 of the Rehabilitation Act of 1973
106.1-106.61 Discrimination on the basis of sex, effectuating Title IX, especially:
106.9 Dissemination of policy

Management Resources:
U.S. DEPARTMENT OF EDUCATION, OFFICE OF CIVIL RIGHTS
PUBLICATIONS
Protecting Students from Harassment and Hate Crime, January, 1999
Notice of Non-Discrimination, January, 1999
Nondiscrimination in Employment Practices in Education, August, 1991
WEB SITES
U.S. Department of Education, Office of Civil Rights: http://www.ed.gov/offices/OCR
CDE: http://www.cde.ca.gov
Safe Schools Coalition: http://www.casafeschoolscoalition.org
Pacific Disability and Business Technical Assistance Center: http://www.pacdbtac.org



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
adopted: September 20, 2007 Ontario, California
Ontario-Montclair
Board Policy
 BP 1312.3
Community Relations

Uniform Complaint Procedures


The Board of Trustees recognizes that the district is primarily responsible for complying
with applicable state and federal laws and regulations governing educational programs.
The district shall investigate complaints alleging failure to comply with such laws and/or
alleging discrimination and shall seek to resolve those complaints in accordance with the
district’s uniform complaint procedures. (5 CCR 4620)

The district shall follow uniform complaint procedures when addressing complaints
alleging unlawful discrimination against any protected group as identified under
Education Code 200 and 220 and Government Code 11135, including actual or perceived
sex, sexual orientation, gender, ethnic group identification, race, ancestry, national origin,
religion, color, or mental or physical disability, or age, or on the basis of a person’s
association with a person or group with one or more of these actual or perceived
characteristics in any district program or activity that receives or benefits from state
financial assistance. (5 CCR 4610)

Uniform complaint procedures shall also be used when addressing complaints alleging
failure to comply with state and/or federal laws in adult education programs, consolidated
categorical aid programs, migrant education, career technical and technical education and
career technical and technical training programs, child care and development programs,
child nutrition programs, and special education programs. (5 CCR 4610)

(cf. 0410 - Nondiscrimination in District Programs and Activities)
(cf. 1312.1 - Complaints Concerning District Employees)
(cf. 1312.2 - Complaints Concerning Instructional Materials)
(cf. 3553 - Free and Reduced Price Meals)
(cf. 4031 - Complaints Concerning Discrimination in Employment)
(cf. 5141.4 - Child Abuse Prevention and Reporting)
(cf. 5148 - Child Care and Development)
(cf. 6159 - Individualized Education Program)
(cf. 6171 - Title I Programs)
(cf. 6174 - Education for English Language Learners)
(cf. 6175 - Migrant Education Program)
(cf. 6178 - Vocational Education)
(cf. 6200 - Adult Education)

Complaints related to sufficiency of textbooks or instructional materials, emergency or
urgent facilities conditions that pose a threat to the health or safety of students or staff,
and teacher vacancies and misassignments shall be investigated pursuant to the district’s
Williams uniform complaint procedure (AR 1312.4).

(cf. 1312.4 - Williams Uniform Complaint Procedures)

The Board encourages the early, informal resolution of complaints at the site level
whenever possible.

The Board acknowledges and respects every individual’s right to privacy. Discrimination
complaints shall be investigated in a manner that protects the confidentiality of the parties
and the integrity of the process. This may include keeping the identity of the complainant
confidential, as appropriate and except to the extent necessary to carry out the
investigation or proceedings, as determined by the Superintendent or designee, on a case-
by-case basis.

(cf. 4119.23/4219.23/4319.23 - Unauthorized Release of Confidential/Privileged
Information)
(cf. 5125 - Student Records)
(cf. 9011 - Disclosure of Confidential/Privileged Information)

The Board prohibits any form of retaliation against any complainant in the complaint
process, including but not limited to a complainant’s filing of a complaint or the reporting
of instances of discrimination. Such participation shall not in any way affect the status,
grades, or work assignments of the complainant.

The Board recognizes that a neutral mediator can often suggest a compromise that is
agreeable to all parties in a dispute. In accordance with uniform complaint procedures,
whenever all parties to a complaint agree to try resolving their problem through
mediation, the Superintendent or designee shall initiate that process. The Superintendent
or designee shall ensure that the results are consistent with state and federal laws and
regulations.


Legal Reference:
EDUCATION CODE
200-262.4 Prohibition of discrimination
8200-8498 Child care and development programs
8500-8538 Adult basic education
18100-18203 School libraries
32289 School safety plan, uniform complaint procedure
35186 Williams uniform complaint procedure
41500-41513 Categorical education block grants
48985 Notices in language other than English
49060-49079 Student records
49490-49590 Child nutrition programs
52160-52178 Bilingual education programs
52300-52499.6 Career-technical education
52500-52616.24 Adult schools
52800-52870 School-based coordinated programs
54000-54028 Economic impact aid programs
54100-54145 Miller-Unruh Basic Reading Act
54400-54425 Compensatory education programs
54440-54445 Migrant education
54460-54529 Compensatory education programs
56000-56885 Special education programs
59000-59300 Special schools and centers
64000-64001 Consolidated application process
PENAL CODE
422.6 Interference with constitutional right or privilege
CODE OF REGULATIONS, TITLE 5
3080 Application of section
4600-4687 Uniform complaint procedures
4900-4965 Nondiscrimination in elementary and secondary education programs
UNITED STATES CODE, TITLE 20
6301-6577 Title I basic programs
6601-6777 Title II preparing and recruiting high quality teachers and principals
6801-6871 Title III language instruction for limited English proficient and immigrant
students
7101-7184 Safe and Drug-Free Schools and Communities Act
7201-7283g Title V promoting informed parental choice and innovative programs
7301-7372 Title V rural and low-income school programs

Management Resources:
WEB SITES
CSBA: http://www.csba.org
California Department of Education: http://www.cde.ca.gov
U.S. Department of Education, Office for Civil Rights: http://www.ed.gov/offices/OCR



Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
Adopted: June 1, 2006 Ontario, California
Ontario-Montclair
Administrative Regulation
                                                                            AR 1312.3 (a)
Community Relations

Uniform Complaint Procedures


Compliance Officers

The Board of Trustees designates the following compliance officer(s) to receive and
investigate complaints and to ensure district compliance with law:


Deputy Superintendent
950 West “D” Street
Ontario, CA 91762
(909) 459-2500 ext. 6310

The Superintendent or designee shall ensure that employees designated to investigate
complaints are knowledgeable about the laws and programs for which they are
responsible. Designated employees may have access to legal counsel as determined by
the Superintendent or designee.

(cf. 9124 - Attorney)

Notifications

The Superintendent or designee shall annually provide written notification of the
district’s uniform complaint procedures to students, employees, parents/guardians, the
district advisory committee, school advisory committees, appropriate private school
officials or representatives, and other interested parties. (5 CCR 4622)

The Superintendent or designee shall make available copies of the district’s uniform
complaint procedures free of charge. (5 CCR 4622)

The notice shall:

1.     Identify the person(s), position(s), or unit(s) responsible for receiving complaints

2.     Advise the complainant of any civil law remedies that may be available to
him/her under state or federal discrimination laws, if applicable
                                                                            AR 1312.3 (b)

Uniform Complaint Procedures

3.     Advise the complainant of the appeal process pursuant to Education Code 262.3,
including the complainant’s right to take a complaint directly to the California
Department of Education (CDE) or to pursue remedies before civil courts or other public
agencies

4.     Include statements that:

a.     The district is primarily responsible for compliance with state and federal laws
and regulations

b.      The complaint review shall be completed within 60 calendar days from the date of
receipt of the complaint unless the complainant agrees in writing to an extension of the
timeline

c.     An unlawful discrimination complaint must be filed not later than six months
from the date the alleged discrimination occurs, or six months from the date the
complainant first obtains knowledge of the facts of the alleged discrimination

d.      The complainant has a right to appeal the district’s decision to the CDE by filing a
written appeal within 15 days of receiving the district’s decision

e.     The appeal to the CDE must include a copy of the complaint filed with the district
and a copy of the district’s decision

(cf. 5145.6 - Parental Notifications)

Procedures

The following procedures shall be used to address all complaints which allege that the
district has violated federal or state laws or regulations governing educational programs.
Compliance officers shall maintain a record of each complaint and subsequent related
actions, including all information required for compliance with 5 CCR 4631 and 4633.

All parties involved in allegations shall be notified when a complaint is filed, when a
complaint meeting or hearing is scheduled, and when a decision or ruling is made.

Step 1: Filing of Complaint

Any individual, public agency, or organization may file a written complaint of alleged
noncompliance by the district. (5 CCR 4630)
                                                                                 AR 1312.3 (c)

Uniform Complaint Procedures

A complaint alleging unlawful discrimination shall be initiated no later than six months
from the date when the alleged discrimination occurred, or six months from the date
when the complainant first obtained knowledge of the facts of the alleged discrimination.
A complaint may be filed by a person who alleges that he/she personally suffered
unlawful discrimination or by a person who believes that an individual or any specific
class of individuals has been subjected to unlawful discrimination. (5 CCR 4630)

The complaint shall be presented to the compliance officer who shall maintain a log of
complaints received, providing each with a code number and a date stamp.

If a complainant is unable to put a complaint in writing due to conditions such as a
disability or illiteracy, district staff shall assist him/her in the filing of the complaint. (5
CCR 4600)

Step 2: Mediation

Within three days of receiving the complaint, the compliance officer may informally
discuss with the complainant the possibility of using mediation. If the complainant
agrees to mediation, the compliance officer shall make all arrangements for this process.

Before initiating the mediation of a discrimination complaint, the compliance officer shall
ensure that all parties agree to make the mediator a party to related confidential
information.

If the mediation process does not resolve the problem within the parameters of law, the
compliance officer shall proceed with his/her investigation of the complaint.

The use of mediation shall not extend the district's timelines for investigating and
resolving the complaint unless the complainant agrees in writing to such an extension of
time. (5 CCR 4631)

Step 3: Investigation of Complaint

The compliance officer is encouraged to hold an investigative meeting within five days of
receiving the complaint or an unsuccessful attempt to mediate the complaint. This
meeting shall provide an opportunity for the complainant and/or his/her representative to
repeat the complaint orally.

The complainant and/or his/her representative shall have an opportunity to present the
complaint and evidence or information leading to evidence to support the allegations in
the complaint. (5 CCR 4631)
                                                                              AR 1312.3 (d)

Uniform Complaint Procedures

A complainant’s refusal to provide the district’s investigator with documents or other
evidence related to the allegations in the complaint, or his/her failure or refusal to
cooperate in the investigation or his/her engagement in any other obstruction of the
investigation, may result in the dismissal of the complaint because of a lack of evidence
to support the allegation. (5 CCR 4631)

The district’s refusal to provide the investigator with access to records and/or other
information related to the allegation in the complaint, or its failure or refusal to cooperate
in the investigation or its engagement in any other obstruction of the investigation, may
result in a finding, based on evidence collected, that a violation has occurred and may
result in the imposition of a remedy in favor of the complainant. (5 CCR 4631)

Step 4: Response

Unless extended by written agreement with the complainant, the compliance officer shall
prepare and send to the complainant a written report of the district's investigation and
decision, as described in Step #5 below, within 60 days of the district’s receipt of the
complaint. (5 CCR 4631)

Step 5: Final Written Decision

The district's decision shall be in writing and sent to the complainant. (5 CCR 4631)

The district's decision shall be written in English and in the language of the complainant
whenever feasible or as required by law.

The decision shall include:

1.     The findings of fact based on the evidence gathered (5 CCR 4631)

2.     The conclusion(s) of law (5 CCR 4631)

3.     Disposition of the complaint (5 CCR 4631)

4.     Rationale for such disposition (5 CCR 4631)

5.     Corrective actions, if any are warranted (5 CCR 4631)

6.    Notice of the complainant's right to appeal the district’s decision within 15 days to
the CDE and procedures to be followed for initiating such an appeal (5 CCR 4631)
                                                                             AR 1312.3 (e)

Uniform Complaint Procedures


7.     For discrimination complaints, notice that the complainant must wait until 60 days
have elapsed from the filing of an appeal with the CDE before pursuing civil law
remedies (Education Code 262.3)

If an employee is disciplined as a result of the complaint, the decision shall simply state
that effective action was taken and that the employee was informed of district
expectations. The report shall not give any further information as to the nature of the
disciplinary action.

Appeals to the California Department of Education

If dissatisfied with the district's decision, the complainant may appeal in writing to the
CDE within 15 days of receiving the district's decision. When appealing to the CDE, the
complainant must specify the basis for the appeal of the decision and whether the facts
are incorrect and/or the law has been misapplied. The appeal shall be accompanied by a
copy of the locally filed complaint and a copy of the district’s decision. (5 CCR 4632)

Upon notification by the CDE that the complainant has appealed the district’s decision,
the Superintendent or designee shall forward the following documents to the CDE: (5
CCR 4633)

1.     A copy of the original complaint

2.     A copy of the decision

3.      A summary of the nature and extent of the investigation conducted by the district,
if not covered by the decision

4.     A copy of the investigation file, including but not limited to all notes, interviews,
and documents submitted by the parties and gathered by the investigator

5.     A report of any action taken to resolve the complaint

6.     A copy of the district’s complaint procedures

7.     Other relevant information requested by the CDE

The CDE may directly intervene in the complaint without waiting for action by the
district when one of the conditions listed in 5 CCR 4650 exists, including cases in which
the district has not taken action within 60 days of the date the complaint was filed with
the district.
                                                                           AR 1312.3 (f)

Uniform Complaint Procedures


Civil Law Remedies

A complainant may pursue available civil law remedies outside of the district's complaint
procedures. Complainants may seek assistance from mediation centers or public/private
interest attorneys. Civil law remedies that may be imposed by a court include, but are not
limited to, injunctions and restraining orders. For discrimination complaints, however, a
complainant must wait until 60 days have elapsed from the filing of an appeal with the
CDE before pursuing civil law remedies. The moratorium does not apply to injunctive
relief and is applicable only if the district has appropriately, and in a timely manner,
apprised the complainant of his/her right to file a complaint in accordance with 5 CCR
4622.



Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
Approved: June 1, 2006 Ontario, California
Ontario-Montclair
Administrative Regulation
 AR 3513.3
Business and Noninstructional Operations

Tobacco-Free District


Notifications

Information about the district's tobacco-free schools policy and enforcement procedures
shall be communicated clearly to employees, parents/guardians, students and the
community. (Health and Safety Code 104420)

(cf. 4112.9/4212.9/4312.9 - Employee Notifications)

Enforcement Procedures for Community Members

Any other person who violates the district's policy on tobacco-free schools shall be
informed of the district's policy and asked to refrain from smoking. If the person fails to
comply with this request, the Superintendent or designee may:

1. Direct the person to leave school property.

2. Request local law enforcement assistance in removing the person from the school
premises.

3. If the person repeatedly violates the tobacco-free schools policy, prohibit him/her
from entering district property for a specified period of time.

(cf. 1250 - Visitors/Outsiders)
(cf. 3515.2 - Disruptions)



Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
approved: October 3, 2002 Ontario, California
Ontario-Montclair
Board Policy
                                                                                   BP 3513.3

Business

Business and Noninstructional Operations
Tobacco-Free District

The Board of Trustees recognizes the health hazards associated with smoking and the use of
tobacco products, including the breathing of second-hand smoke, and desires to provide a healthy
environment for students and staff.

(cf. 4159/4259/4359 - Employee Assistance Programs)
(cf. 5131.62 - Tobacco)
(cf. 6142.8 - Comprehensive Health Education)
(cf. 6143 - Courses of Study)

Definition

"Tobacco-free" shall mean the prohibition of the use of tobacco or tobacco products on any part of
the district's property, in the district's buildings or vehicles, whether owned or leased. This includes
smoking by all students, staff, parents/guardians, and/or other individuals while in or on district
property, or at any instructional program or athletic event.

Tobacco-Free Workplace

The Public Employment Relations Board (PERB) has ruled that a policy prohibiting smoking and
other use of tobacco products is not a mandatory subject of bargaining. PERB has also concluded
that the prohibition of smoking in public school facilities is a reasonable step for districts to take to
discourage students from smoking.
As required by law, the district provides instructional programs designed to discourage students
from using tobacco products. District employees are expected to serve as models for good health
practices that are consistent with these instructional programs.

(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

In the best interests of students, employees and the general public, the Board, therefore, prohibits
the use of tobacco products at all times in district-owned or leased buildings, on district property
and in district vehicles. (Health and Safety Code 104420; Labor Code 404.3; 20 USC 6083) This
prohibition applies to all students, staff, parents/guardians, and/or other individuals at any school or
school-sponsored activity or athletic event.

The Superintendent or designee shall inform students, parents/guardians, employees and the public
about this policy upon request. All individuals on the district premises and the district's vehicles
share in the responsibility of adhering to this policy.
Signs prohibiting the use of tobacco shall be prominently displayed at all entrances to school
property.

Persistent violation of this policy by employees shall result in progressive disciplinary procedures
which include informal discussion, verbal warning, written warning, written reprimand, and
suspension without pay.

The district's Lead Health Nurse shall maintain a list of clinics and community resources which may
assist students who wish to stop using tobacco products. Similar information to assist employees is
available through the district’s employee assistance plan as overseen by the Risk Management
Department. Information about these programs shall be made available upon request and whenever
an employee violates the district's policy.

(cf. 4159 /4259/4359 - Employee Assistance Programs)
(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
Legal Reference:
EDUCATION CODE
48900 Grounds for suspension/expulsion
48901 Prohibition against tobacco use by students
HEALTH AND SAFETY CODE
39002 Control of air pollution from nonvehicular sources
104350-104495 Tobacco use prevention, especially:
104495 Prohibition of smoking and tobacco waste on playgrounds
LABOR CODE
6404.5 Occupational safety and health: use of tobacco products
UNITED STATES CODE, TITLE 20
6083 Nonsmoking policy for children's services
7111-7117 Safe and Drug Free Schools and Communities Act
PERB RULINGS
Eureka Teachers Assn v. Eureka City School District (1992) PERB Order #955 (16 PERC 23168)
CSEA #506 and Associated Teachers of Metropolitan Riverside v. Riverside Unified School
District (1989) PERB Order #750 (13 PERC 20147)
Management Resources:
WEB SITES
CDE: http://www.cde.ca.gov
California Department of Health Services: http://www.dhs.ca.gov
Occupational Safety and Health Standards Board: http://www.dir.ca.gov/OSHSB/oshsb.html
Environmental Protection Agency: http://www.epa.gov

Policy ONTARIO-MONTCLAIR SCHOOL DISTRICT
adopted: May 4, 2006 Ontario, California
Ontario-Montclair
Exhibit
Business

Tobacco-Free Workplace


NOTICE TO EMPLOYEES

YOU ARE HEREBY NOTIFIED that it is a violation of Board policy for any employee at the
workplace to unlawfully use tobacco or tobacco products on any part of the district's property, in the
district's buildings or vehicles, whether owned or leased. This includes smoking by all students, staff,
parents/guardians, and/or other individuals while in or on district property, or at any instructional
program or athletic event.

"Workplace" is defined as any place where school district work is performed, including a school
building or other school premises; any school-owned or school-approved vehicle used to transport
students to and from school or school activities; and any off-school sites when accommodating a
school-sponsored or school-approved activity or function, such as a field trip or athletic event, where
students are under district jurisdiction.

As required by law, the district provides instructional programs designed to discourage students from
using tobacco products. District employees are expected to serve as models for good health practices
that are consistent with these instructional programs.

(cf. 4118 - Suspension/Disciplinary Action)
(cf. 4218 - Dismissal/Suspension/Disciplinary Action)
(cf. 5144.1 - Suspension and Expulsion/Due Process)

In the best interest of students, employees and the general public, the Board, therefore, prohibits the
use of tobacco products at all times in district-owned or leased buildings, on district property and in
district vehicles. (Health and Safety Code 104420; Labor Code 404.3; 20 USC 6083) This prohibition
applies to all students, staff, parents/guardians, and/or other individuals at any school or school-
sponsored activity or athletic event.

The Superintendent or designee shall inform students, parents/guardians, employees and the public
about this policy upon request. All individuals on the district premises and the district's vehicles share
in the responsibility of adhering to this policy.

Persistent violation of this policy by employees shall result in progressive disciplinary procedures
which include informal discussion, verbal warning, written warning, written reprimand, and
suspension without pay.

The district's Coordinator shall maintain a list of clinics and community resources which may assist
students who wish to stop using tobacco products. Similar information to assist employees is available
through the district’s employee assistance plan as overseen by the Risk Management Department.
Information about these programs shall be made available upon request and whenever an employee
violates the district's policy.
                         Ontario-Montclair School District
                                         Ontario, California
              2010/2011 INJURY AND ILLNESS PREVENTION PROGRAM (IIPP)



I.    IIPP PROGRAM OVERVIEW
      The Governing Board believes that district students and employees have the right to learn and work in a
      safe and peaceful school environment. The object of every safety program is to provide this safe
      environment through prevention. By achieving this objective, employee and student injuries, damage to
      materials or equipment and the related costs, both direct and indirect, are eliminated or reduced.

II.   SAFETY ORGANIZATION AND RESPONSIBILITIES
      The Ontario-Montclair School District will coordinate the efforts of the program through the District Safety
      Committee. The Program Coordinator is Risk Manager, ext. 6498.
      A. New District Site Quarterly Safety Committee
          The District Safety Committee will consist of individuals serving in the following positions:
           Risk Manager
           OMTA Representatives
           CSEA Representatives
           OMPA Representatives
           Site Representatives/RM Staff
      B. School/Site Safety Committee
          The duties and responsibilities of the committee shall include:
                  Inspect the schools/site on a monthly basis
                  Report unsafe conditions or practices
                  Assist in effective safety indoctrination training for new employees
                  Solicit other school/site employees' suggestions for accident prevention
                  Assist in preparing safety rules and regulations for students
      C. Division/School Administrators and Department Heads
          Each administrator is responsible for the following functions relating to the District Safety Program:
                  Establish specific accident prevention goals
                  Implement the District Safety Program and provide written safety rules and procedures for
                      employees in addition to those in this manual, if required
                  Establish and maintain supervisor and employee safety training programs
                  Ensure new employees receive safety indoctrination training as part of their orientation
                  Evaluate supervisors and employees on their safety performance
                  Stimulate interest in safety by personal example
                  Immediately report all workplace accidents, injuries or illnesses to Risk Management
                  Investigate, report and review all injuries and accidents to ensure appropriate preventative
                      measures are taken to preclude recurrence
                  Establish regular meetings of the Safety Committee and forward copies of minutes to the
                      Risk Manager
                  Ensure that unsafe conditions or practices are corrected promptly
                  Ensure regularly scheduled safety inspections are conducted and reports forwarded to the
                      Risk Manager
                  Maintain close liaison with the Risk Manager on all matters pertaining to safety
      D. Maintenance and Operations Department
          Maintenance and Operations is a key department in hazard abatement and CAL/OSHA compliance.
          The Department will make, within budgetary restrictions and in consideration of priorities
          recommended by the Risk Manager and the District Safety Committee, repairs, and/or modifications
          that are required to comply with CAL/OSHA standards, local fire marshal or to eliminate hazardous
          conditions.
      E. Purchasing Department
          The Purchasing Department is responsible for ordering supplies, equipment and contracted services
          that comply with CAL/OSHA and district safety standards.
      F. Supervisors
          The supervisor or foreman is the key individual in accident prevention and is in the best position to
          prevent unsafe acts. Supervisors have the following responsibilities:
                  Set the personal example for safety
                  Correct unsafe acts and practices of employees, including disciplinary action for safety
                      violation
                  Praise employees working safely
                  Inspect work areas daily for unsafe conditions and ensure action is taken to correct such
                      conditions
                  Conduct periodic employee safety training, including information provided by MSDS sheets
                      relating to hazardous chemicals and substances
                            Investigate and report all accidents; cooperate with any Risk Management investigation(s)
                             and follow-up on action taken to eliminate accident causes as determined by the
                             investigation
             G. Teachers
                Each teacher shall be responsible for the safety of any class that is assigned to him/her. Shop
                teachers are directly reminded that only pupils who are registered in their classes and who have
                passed a shop safety exam may use any hand or power tools and shop machinery. Furthermore, all
                teachers should plan and conduct (on a regular basis) a careful, routine inspection to assure the safety
                of each class member. Each teacher shall be responsible for the physical environment of his/her
                room. This includes attention to neatness, order, ventilation, care of furniture, books, supplies and
                equipment.
             H. All Employees
                All employees, both certificated and classified are responsible for each of the following:
                       Obey all established safety rules and procedures
                       Report all work related accidents, injuries or illnesses to supervisor and Risk Management
                           immediately
                       Use and keep operable all safety devices and equipment which are required within the
                           scope of their employment
                       Accept personal accountability for working safely
                       Report unsafe or hazardous condition

Injury and Illness Prevention Program (IIPP)
Page 2 of 4

             I.   Students
                  Students must abide by safety rules and follow instructions. The parent or guardian of any student
                  who willfully cuts, defaces or otherwise injures any property, real or personal, belonging to the school
                  district, will be held financially liable for any and all damages that are caused by the student. The
                  student responsible for such damage will also be held liable and may be subject to appropriate
                  disciplinary actions. The parent or guardian of a student shall be liable to the district for all property
                  belonging to the school district, loaned to the pupil and not returned upon the demand by a district
                  employee authorized to make such a request.

    III.      IDENTIFYING AND EVALUATING WORK PLACE HAZARDS
             A. The Safety Inspection Program
                 Safety inspections are designed to disclose unsafe acts or conditions, determine reasons for their
                 existence and to recommend corrective action. Follow-up systems are used to ensure that corrective
                 actions eliminate the discrepancy as well as the possibility of recurrence.
             B. Hazard Reporting Programs and Job Safety Analysis
                 Employees are required to immediately report any unsafe condition or hazard that they discover in the
                 workplace to their supervisor or Risk Management. Employees who wish to remain anonymous may
                 report unsafe conditions or hazards by submitting a Report of Unsafe or Hazardous Condition form to
                 the Risk Manager without identifying themselves. The district takes all reports of unsafe conditions
                 seriously. There will be no discrimination or disciplinary action against any employee who
                 reports unsafe working conditions or workplace hazards. Employees are encouraged and
                 required to do so. The district will respond to new workplace safety and health concerns as soon as
                 they are discovered. All hazards will be corrected, controlled or abated in a timely manner based on
                 the severity of the hazard. Any hazard that poses an imminent risk of harm to employees will be
                 corrected immediately. All other hazards will be addressed as soon as feasible. If for any reason
                 these time requirements cannot be met, the Program Coordinator must be notified immediately and the
                 Program Coordinator will notify all exposed employees and follow all other notification requirement.
             C. Monitoring And Correcting Potential Safety and Health Concerns
                 School site or office work environments are not considered to be particularly hazardous. However, the
                 low degree of hazard face by office workers and teachers often creates a false sense of security. This
                 can lead to avoidable accidents and injuries. The district has specifically identified the following safety
                 and health issues for particular attention:
                         Violence in the workplace
                         Potentially hazardous substances in the workplace
                         Use of computers
                         Materials handling
                         Housekeeping, stacking and storing
                         Use of machines and equipment
                         Indoor air quality
                         Use of telephone equipment
                               1.       Violence In The Workplace
                                        In the best interest of students, employees and the general public, Ontario-
                                        Montclair School District's Board of Education prohibits and will not tolerate acts
                                        of violence, threats or intimidating behavior, which constitutes a threat or
                                        purposefully damaging property on district premises, at school sponsored
                                        activities, athletic events and meetings. To minimize the possibility for violence
                                        in the workplace, the district encourages the following action:
                                         All employees must report any suspicions or discussions of violent behavior
                                              to their immediate supervisor or the appropriate school administrator if the
                                              violent behavior involves students
                                         Supervisors/administrators are to investigate thoroughly all reports of
                                              violent behavior, whether they are suspicions or actual events
                                         If the violent behavior involves employees, supervisors must work with
                                              Human Resources to ensure that violent behavior is properly addressed
                                              and that employees exhibiting violent behavior receive appropriate
                                              assistance
                                         If the violent behavior involves students, school administrators must work
                                              with Child Welfare and Attendance to ensure that violent behavior is
                                              properly addressed and that appropriate authorities are notified
                               2.       Potentially Hazardous Substances in the Workplace: The District's Hazard
                                        Communication Program
                                        The district has developed a comprehensive Hazard Communication Program to
                                        enhance its employees' health and safety.               A copy of the Hazard
                                        Communication Program is incorporated in the next section of this document.
                               3.       Use of Computers
                                        While there is little or no conclusive scientific evidence that computers by
                                        themselves pose a health or safety risk, the improper positioning, posture and/or
                                        techniques used by an employee could lead to injury. In order to avoid such
                                        injuries, the district recommends the following guidelines:
                                        a. Posture
                                                       Feet flat on floor
                                                       Knees at about a 90 degree angle
                                                       Footrests can be provided, if desired
                                                       Adjust chair to provide lower back support
                                                       Hip angle slightly more than 90 degrees
                                                       Shoulders relaxed
                                                       Type with straight wrists
                                                       Tip head slightly down to view screen (may need to adjust
                                                          monitor height)
                                                       Shift your position throughout the day to keep muscles loose
                                                          and ease tension
                                                       Experiment to find what is comfortable for you




Injury and Illness Prevention Program (IIPP)
Page 3 of 4

                                        b.     Equipment positioning
                                               Keyboard
                                                    Place on stable level surface
                                                    Keyboard should be directly in front of you with home row about
                                                       elbow height. Forearm should be parallel to floor
                                                    Move entire hand to reach function keys
                                                    If desired, a padded wrist rest will be provided to you
                                                    Keyboard can be flat or at low angle. If possible and comfortable
                                                       for, vary angle slightly during the day
                                                    Use a light touch - don't pound!
                                               Monitor
                                                    Top of screen should be at, or just below, eye level
                                                    Monitor should be placed directly in front of you with the screen
                                                       approximately 18 - 24 inches from eyes (Do not place at an angle)
                                                    If you wear bifocals, top of screen should be at neck level. See a
                                                       doctor about special computer glasses
                                                    Tilt screen to minimize glare and/or close curtains
                                                    If desired, glare screens and/or hoods can be provided
                                                    Keep screen and glare filter clean
                                                    Set brightness level low and contrast high to achieve crisp letters
                                                       against background
                                               Work Materials
                                                    Source materials should be at same height, angle and distance as
                                                       computer screen
                                                       Task lighting and/or document holders will be provided upon
                                                        request
                                         c. Exercise/Alternative Work Breaks
                                              Do not sit for several hours in one position. Perform other work tasks and
                                              move around. Take alternative work breaks before the onset of fatigue.
                                              You may want to try some of the following exercises for 3 minutes or so
                                              after several hours at a computer:
                                                    Deep Breathing - Breathe in slowly through nose. Hold for 2
                                                        seconds, then exhale through mouth. Repeat several times
                                                    Head or Neck - Turn head slowly from side to side holding each
                                                        turn for the count of 3. Repeat 5 - 10 times
                                                    Eyes - Several times an hour, focus on an object at least 20 feet
                                                        away for at least 5 seconds. Close eyes and cup hands over them
                                                        for 5 seconds several times per day
                                                    Upper Back - With arms bent at shoulder height, push elbows
                                                        back. Hold 5 seconds. Repeat 5 - 10 times
                                                    Shoulders - Roll shoulders forward 5 times using a wide circular
                                                        motion. Then roll shoulders backward 5 times. Repeat cycle 5 -
                                                        10 times
                                                    Finger and Hands - Make a tight fist. Hold for a second. Then
                                                        spread fingers apart as far as you can. Hold for 5 seconds
                                                    Thumb and Wrist - With one hand palm up, pull the thumb gently
                                                        downward. Hold for 5 seconds. Repeat 3 times on each hand
                                                    Lower back - While sitting; slowly bend upper body between your
                                                        knees. Hold for a few seconds, then sit up and relax
                                                    Legs - Grasp shin of leg and pull slowly toward your chest. Hold
                                                        for 5 seconds. Then do the other leg. Repeat several times
                                4.       Materials Handling
                                         One of the leading causes of workplace injuries is improper lifting technique.
                                         Remember that your greatest source of strength is in the legs. This is the secret
                                         to protecting yourself from back injury or hernia while lifting objects
                                               Do not lift heavy objects by yourself. Get assistance
                                               Get a firm footing with feet slightly apart
                                               Keep your knees bent and your back straight when lifting
                                               Do not twist or shift your feet with the load. Make sure you know where
                                                   the next step will take you
                                5.       Housekeeping, Stacking and Storing
                                               All work areas must be kept clean and orderly
                                               Spilled materials must be cleaned up immediately
                                               Scrap, debris and waste must be disposed of properly
                                               Electrical cords and wires must be set up so they do not pose a tripping
                                                   hazard
                                               All hallways and walkway areas must be kept free and clear of boxes
                                                   and other items
                                               All items must be stacked and stored in such a manner as to prevent
                                                   tipping, toppling, shifting, slipping or falling
                                               Use a stepladder to reach items stored out of reach. Do not stand on
                                                   chairs, boxes or furniture
                                6.       Machines and Equipment (including office machines)
                                               Do not use any machine or equipment unless you have received
                                                   training and authorization to do so
                                               Do not attempt to repair any machine or equipment without proper
                                                   authorization or training
                                               Do not wear loose clothing or jewelry around any machinery or
                                                   equipment with moving parts
                                               Do not remove, or deactivate, any machine guarding or protective
                                                   equipment. Do not use equipment in which guards have been
                                                   removed or are not working properly
                                               Proper protective gear (goggles, ear plugs, gloves, etc.) must be worn
                                                   at all times when operating particular machinery which could cause
                                                   injury
                                               All machines and equipment must be de-energized prior to repair,
                                                   service or maintenance work
Injury and Illness Prevention Program (IIPP)
Page 4 of 4

                               7.       Indoor Air Quality
                                 The district will have air sampling conducted to monitor air quality on an as
                                 needed basis. If you suspect an air quality problem, request that your site
                                 administrator submit a work order to Maintenance to investigate.
                        8.       Use of Telephone Equipment
                                 Improper use of telephone equipment can cause discomfort and/or cumulative
                                 injury.

                                 Do not "cradle" a telephone handset between your neck and shoulder for long
                                 periods of time or repeatedly throughout the day. Most importantly, maintain
                                 good posture while using the switchboard or any telephone equipment:
                                       Feet flat on the floor
                                       Knees should be about a 90 degree angle (or more)
                                       Footrests are available, if desired
                                       Adjust chair to provide lower back support
                                       Shift position throughout the day to keep muscles loose and ease
                                          tension
                                       Experiment to find what is comfortable for you

IV.    ACCIDENT INVESTIGATION
      Each supervisor is responsible for investigating all work-related accidents and "near misses" involving his
      or her employees. Accidents will be investigated
      By visiting the accident scene as soon as possible, interviewing the affected employee and witnesses and
      preserving any evidence. The supervisor shall then ensure that corrective measures are taken to correct
      any potential hazard or take action to prevent the injury from recurring.

V.    EMERGENCIES
      The district has developed a set of procedures that are designed to avoid injuries in the event of an
      emergency. The district's emergency management guide based on the Incident Command System is
      hereby incorporated by reference into this IIPP. A copy of this guide will be maintained at each of its
      facilities. All employees are required to become familiar with these procedures.

VI.   COMMUNICATING WITH EMPLOYEES ON SAFETY AND HEALTH ISSUES
      The district believes that communicating with employees concerning workplace hazards and methods used
      to control them will help create the safest possible work environment and assure the success of the
      district's Illness and Injury Prevention Program. The district, therefore, places a great deal of importance on
      communicating with employees about health and safety issues. The Ontario-Montclair School District's
      system for communicating with employees on safety and health issues includes:
            A.         The Injury and Illness Prevention Program
                       A copy of this program is made available to every employee annually in the summer mailer.
                       A more detailed version is available in Risk Management. Employees are required to be
                       familiar with its terms. Employees also receive "Right to Know" information and workers'
                       compensation benefit information.
            B.         Safety Meetings
                       Department supervisors will conduct safety meetings. During these meetings, each
                       supervisor shall discuss with the employees under his or her direct supervision such issues
                       as:
                                   1.         New hazards that have been introduced or discovered in the workplace
                                   2.         Causes of any recent accidents or injuries and the methods adopted by
                                              the district to prevent similar incidents in the future
                                   3.         Any health or safety issue deemed by the manager to deserve
                                              reinforcement
            C.         New District Site Safety Committee
                       New safety programs, safety concerns or work injury trends are discussed at the District
                       Safety Committee meetings. All sites will be encouraged to send a representative who can
                       then share this information at each site's safety committee.
            D.         Anonymous Notification Procedures
                       The district has a system of anonymous notification whereby employees who wish to inform
                       the district of work hazards may do so anonymously by sending a written notification to
                       Program Coordinator, using the Report of Unsafe or Hazardous Condition form found at each
                       work site. The Program Coordinator will investigate all such reports in a prompt and thorough
                       manner. Forms for reporting unsafe or hazardous conditions will be placed in the employee
                       break rooms to enable employees to anonymously report unsafe situation.
            E.         Postings
                       The district will post safety or health information on a regular basis.
            F.         District Memos/Newsletters
                       When appropriate, district memos will contain health or safety tips and information to
                       supplement the previously described methods of communicating to employees on workplace
                       health and safety. In addition, the Risk Management Office will send out Safety Alerts
                       regarding safety concerns.
           G.      Training
                   The district has training requirements designed to instruct each employee on general safety
                   procedures as well as on safety procedures specific to the employee's job.

VII.   ENSURING COMPLIANCE WITH THE IIPP
       In order to ensure compliance with the district's health and safety policies, several steps have been
       developed:
       A. Disciplinary Procedures
           Any district employee who is found to not be in compliance with any Board of Education policy,
           administrative procedure, directions from the Fire Marshall, CAL/OSHA or other outside monitoring
           agencies, shall be subject to disciplinary procedures up to and including termination.
              Employee Assistance Program
A Resource to Help You Balance Life & Work:
What is an Employee Assistance Program?
  An Employee Assistance Program (EAP) is a free, confidential referral and counseling service
  designed to help you and your family members balance the challenges of home, work, and
  contemporary life. EAP specialists can help you sort through a problem, handle a crisis, advise you
  of resources, and suggest solutions.

How do I access my benefits?
  A toll-free call to (800) 234-5465 will put in touch with a trained Care Consultant who can provide
  you the information you need to make important care decisions for you and your family. Your
  benefits include 5 free face-to-face sessions with an EAP provider, 30 minutes of free advice from an
  attorney, and more.

What services does my EAP cover?
  Work and life issues you face every day. These services are available to all household and dependent
  family members. Some areas your EAP can help you with are:

       Marital and relationship counseling         Child and elder care
       Emotional stress                            Debt management
       Education planning                          Alcohol and substance abuse
       Legal assistance                            Referrals to community resources

How can the EAP help bring balance to my life?

  It’s simply amazing how many things you can juggle into a day, isn’t it? Life’s challenges at home
  and on the job seem to get more and more complex. And there you are, ready to take on whatever
  comes your way.

  You don’t have to face those challenges alone. PacifiCare Behavioral Health EAP program is here to
  provide you with a resource and referral program to help simplify your life.

  The program is a free service with courteous, professional Care Consultants ready to take your call.

                   For Ontario-Montclair School District
                      Employees & their Dependents
                               Information available at www.pbhi.com
                           To access your benefits, please call (800) 234-5465

                                           Username: SCEBA
                                            Password: Help
ONTARIO – MONTCLAIR SCHOOL DISTRICT
To:           ONTARIO-MONTCLAIR SCHOOL DISTRICT EMPLOYEES
From:         PERRY HUYCK, MANAGER, RISK MANAGEMENT
Re:           PROCEDURE FOR REPORTING EMPLOYEE WORK RELATED INJURIES



                                     July 1, 2010

      Company Nurse on Call Workplace Injury Hotline: 1-877-854-6877

        The District is now Self Insured for our Workers’ Compensation injuries.

        When an injury or incident does occur you Must Call Company Nurse On Call!

        You DO NOT need to seek medical attention if you feel you don’t need to, but
        you must make the phone call.

        The Company Nurse on Call is to be called for work-related injuries only.
        They use a triage process that will guide the employee to the correct level of
        care for treatment based upon information obtained in the phone call. It also
        allows Risk Management and the claims adjuster immediate awareness of an
        injury or problem.

        The employee and the department or site, are required to complete the
        Injury/Illness Exposure Report and the Employee’s Claim for Worker’s
        Compensation Benefits to be completed and submitted to Risk
        Management within 24 hours of the injury taking place. After the call has been
        made to Company Nurse on Call complete the forms and fax them into Risk
        Management at (909) 459-2565.

        After the reporting process has been completed, Risk Management’s normal
        procedures will continue in assisting any employees who receive an off work
        order or modified/transitional duty as ordered by their treating physician for the
        injury.

Your assistance with this matter is appreciated. If you have any questions or
concerns please contact myself or any member of the Risk Management staff at
(909) 418-6454
              IN CASE OF WORKPLACE INJURY:
           ACCION a seguir en caso de un accidente en el trabajo




                          1-877-854-6877
                                  AVAILABLE 24 HOURS A DAY

                Injured worker notifies supervisor.
      1         Empleado lesionado notifica a su supervisor.

                Supervisor / Injured worker immediately calls injury hotline.
      2         Supervisor / Empleado lesionado llama inmediatamente a la línea
                de enfermeros/as.

                Company Nurse gathers information over the phone and helps
      3         injured worker access appropriate medical treatment.
                Profesional Médico obtiene información por teléfono y asiste al
                empleado lesionado en localizar el tratamiento médico adecuado.

                                              GROUP CODE (CÓDIGO DEL GRUPO)


                                                        OMSD
                                           Notice to Employer/Supervisor:
Please post copies of this poster in multiple locations within your worksite. If the injury is non-life threatening, please call
Company Nurse prior to seeking treatment. Minor injuries should be reported prior to leaving the job site when possible.


                             Visit us online: www.CompanyNurse.com
                                                                                        SAVE      PRINT CLEAR

                       PREDESIGNATION OF PERSONAL PHYSICIAN
In the event you sustain an injury or illness related to your employment, you may be treated for such injury or
illness by your personal medical doctor (M.D.), doctor of osteopathic medicine (D.O.) or medical group if:
    •    your employer offers group health coverage;
    •    the doctor is your regular physician, who shall be either a physician who has limited his
         or her practice of medicine to general practice or who is a board-certified or board-
         eligible internist, pediatrician, obstetrician-gynecologist, or family practitioner, and has
         previously directed your medical treatment, and retains your medical records;
    •    your "personal physician" may be a medical group if it is a single corporation or
         partnership composed of licensed doctors of medicine or osteopathy, which operates an
         integrated multispecialty medical group providing comprehensive medical services
         predominantly for nonoccupational illnesses and injuries;
    •    prior to the injury your doctor agrees to treat you for work injuries or illnesses;
    •    prior to the injury you provided your employer the following in writing: (1) notice that you
         want your personal doctor to treat you for a work-related injury or illness, and (2) your
         personal doctor’s name and business address.
You may use this form to notify your employer if you wish to have your personal medical doctor or a doctor
of osteopathic medicine treat you for a work- related injury or illness and the above requirements are met.
                  NOTICE OF PREDESIGNATION OF PERSONAL PHYSICIAN
Employee: Complete this section.

To: ____________________________ (name of employer) If I have a work-related injury or illness, I
choose to be treated by:

_______________________________________________________________________
(name of doctor)(M.D., D.O., or medical group)

______________________________________________________(street address, city, state, ZIP)

___________________________________________(telephone number)

Employee Name (please print):

Employee’s Address:
________________________________________________________________________

Employee’s
Signature_______________________________________________Date:_____________

Physician: I agree to this Predesignation:

Signature:____________________________________________________Date:__________
(Physician or Designated Employee of the Physician or Medical Group)

The physician is not required to sign this form, however, if the physician or designated employee of the
physician or medical group does not sign, other documentation of the physician’s agreement to be
predesignated will be required pursuant to Title 8, California Code of Regulations, section 9780.1(a)(3).

Title 8, California Code of Regulations, section 9783.
(Optional DWC Form 9783 March 1, 2007 )
          Welcome to EIA MPN                                                                                                                Access to Medical Care
                                                                                         Initial Care                                                            Changing Primary Treating Physician                                                     Transfer of Ongoing Care
Your employer has elected to provide you                                                In case of an emergency, you should call 911 or go to the                If you find it necessary to change your treating physician and it is
                                                                                                                                                                                                                                                          What if you are already being treated for a work-related
with the choice of a broad scope of medical                                             closest emergency room.                                                  determined that you require ongoing medical care for your injury
                                                                                                                                                                                                                                                          injury before the EIA MPN begins?
services for work-related injuries and illnesses                                        In the event that you experience a work-related injury or                or illness, you may select a new physician from the EIA MPN
                                                                                        illness, immediately notify your supervisor and obtain medical           Directory and schedule an appointment. Once your appointment                             Your employer has a “Transfer of Care” policy which describes
by implementing a Medical Provider Network
                                                                                        authorization from your employer to designate an initial care            is scheduled, immediately contact EIA MPN Patient Services                               what will happen if you are currently treating for a work-related
(MPN), called EIA MPN. EIA MPN delivers                                                 provider within the network. If you are unable to reach your             who will then coordinate the transfer of your medical records to                         injury with a physician who is not a member of the EIA MPN.
quality medical care through your choice of a                                           supervisor or employer, please contact the patient services              your new provider.                                                                       If your current treating doctor is a member of EIA MPN, then you
provider who is part of an exclusive network                                            department at EIA MPN.
                                                                                                                                                                  Obtaining a Specialist Referral                                                        may continue to treat with this doctor and your treatment will be
of healthcare providers, each of whom                                                    Subsequent Care                                                        As long as you continue to require medical treatment for your
                                                                                                                                                                                                                                                          under EIA MPN. Your current doctor may be allowed to become
possess a deep understanding of the California                                                                                                                                                                                                            a member of EIA MPN.
                                                                                        If you still need treatment following your initial evaluation,           injury or illness, there are alternatives for obtaining a referral to
workers’ compensation system and the impact                                             you may be treated by a physician of your choice, or the initial         a specialist:                                                                            If your current treating doctor is not or is not allowed to become
their decisions have on you. Your employer                                              physician may refer you to a medically and geographically                  1. Your primary treating provider in the EIA MPN can make all of the                   a member of EIA MPN, then your physician may make referrals
                                                                                        appropriate specialist within the network who can provide the                 necessary arrangements for referrals to a specialist. This referral will be         to providers within or outside the MPN.
has received the approval from the State of                                                                                                                           made within the network or outside of the network if needed.
                                                                                        appropriate treatment for your injury or condition. Your employer                                                                                                 You will not be transferred to a doctor in EIA MPN if your injury or
California to cover your workers’ compensation                                          is required to provide you with at least three physicians of each
                                                                                                                                                                   2. You may select an appropriate specialist by accessing the EIA MPN
                                                                                                                                                                      Directory.                                                                          illness meets any of the following conditions:
medical care needs through the EIA MPN. You                                             specialty expected to treat common injuries experienced by                 3. You may contact EIA MPN Patient Services who can help coordinate
                                                                                                                                                                                                                                                             • (Acute) The treatment for your injury or illness will be completed in less than
are automatically covered by the EIA MPN if                                             injured employees based on your occupation or industry. These                 necessary arrangements.
                                                                                                                                                                                                                                                               90 days.
your date of injury or illness is on or after your                                      physicians will be available within 30 minutes or 15 miles of            If your primary treating provider makes a referral to a type of
                                                                                                                                                                                                                                                             • (Serious or Chronic) Your injury or illness is one that is serious and continues
                                                                                        your workplace or residence and specialists will be available            specialist not included in the network, you may select a specialist                           without full cure or worsens over 90 days. You may be allowed to be treated
employer’s implementation date and if you                                               within 60 minutes or 30 miles of your residence or workplace.            from outside the network.                                                                     by your current treating doctor for up to one year from the date of receipt of
have not properly pre-designated a personal                                             For a directory of providers, please visit www.eiampn.csac-eia.                                                                                                        the notification that you have a serious chronic condition.
physician prior to your injury or illness.                                              org or call EIA MPN Patient Services.                                     Continuity of Care                                                                        • (Terminal) You have an incurable illness or irreversible condition that is likely
                                                                                                                                                                 What if I am being treated by a EIA MPN doctor and the                                        to cause death within one year or less. Treatment will be provided for the
                                                                                         Emergency Care                                                         doctor leaves EIA MPN?                                                                        duration of the terminal illness.
                                                                                        In an emergency, defined as a medical condition starting with                                                                                                         • (Pending Surgery) You already have a surgery or other procedure that has
                                                                                                                                                                 Your employer has a written “Continuity of Care” Policy that                                  been authorized by your employer or insurer that will occur within 180 days of
                                                                                        the sudden onset of severe symptoms that without immediate               may allow you to continue treatment with your doctor if your                                  the MPN effective date.
                                                                                        medical attention could place your health in serious jeopardy, go        doctor is no longer actively participating in EIA MPN.
In the event that you have an injury or illness,                                        to the nearest healthcare provider regardless of whether they are a
                                                                                        EIA MPN participant. If your injury is work-related, advise your
                                                                                                                                                                 If you are being treated for a work-related injury in the EIA MPN                         Care Transfer Disputes
please complete the front of this card and carry                                        emergency care provider to contact EIA MPN to arrange for a
                                                                                                                                                                 and your doctor no longer has a contract with EIA MPN, your
                                                                                                                                                                 doctor may be allowed to continue to treat you if your injury or                         If EIA MPN is going to transfer your care and you disagree, you
it with you to present to your medical service                                          transfer of your care to a EIA MPN provider at the medically                                                                                                      may ask your treating doctor for a report that addresses whether
                                                                                                                                                                 illness meets one of the following conditions:
providers for access to care.                                                           appropriate time.                                                                                                                                                 you are in one of the categories listed above. Your treating
                                                                                                                                                                    • (Acute) A medical condition that includes a sudden onset of symptoms that           physician shall provide a report to you within twenty calendar
                                                                                         Hospital and Specialty Care                                                 require prompt care and has a duration of less than 90 days.
                                                                                                                                                                                                                                                          days of the request. If the treating physician fails to issue the
                                                                                        Your primary treating provider in the EIA MPN will make all of              • (Serious or Chronic) Your injury or illness is one that is serious and continues
This card is not required to receive medical services.                                                                                                                without full cure or worsens and requires ongoing treatment over 90 days.           report, then you will be required to select a new provider from
                                                                                        the necessary arrangements and referrals for specialists, inpatient                                                                                               within the MPN.
                                                                                                                                                                      You may be allowed to be treated by your current treating doctor for up to one
                                                                                        hospital, outpatient surgery center services, and ancillary care              year, until a safe transfer of care can be made.
                                                                                       services.                                                                                                                                                         If either EIA MPN or you do not agree with your treating
                                                                                                                                                                    • (Terminal) You have an incurable illness or irreversible condition that is likely
                                                                                                                                                                      to cause death within one year or less.                                             doctor’s report, this dispute will be resolved according to Labor
                                                                                         Choosing a Treating Physician                                             • (Pending Surgery) You already have a surgery or other procedure that has            Code Section 4062. You must notify EIA MPN Patient Services
This employee is covered by the EIA MPN for workers’ compensation medical care.         If you still require treatment after your initial evaluation with your        been authorized by your employer or insurer that will occur within 180 days of      Department, if you disagree with this report.
Possession or use of this card does not guarantee eligibility for benefits. Treatment    employer’s designated provider, you may access the EIA MPN                    the MPN contract termination date.
                                                                                                                                                                                                                                                          If your treating doctor agrees that your condition does not meet
must be furnished or referred by a EIA MPN provider with the exception of emergency
care or necessary treatment while the employee is out of the state of California. All
                                                                                        Directory and select an appropriate physician of your choice who         If any of the above conditions exist, EIA MPN may require your                           one of those listed above, the transfer of care will go forward
treatment requires pre-authorization except for emergency care.                         can provide the necessary treatment for your condition or illness.       doctor to agree in writing to the same terms he or she agreed to when                    while you continue to disagree with the decision.
                For treatment authorization                                             For assistance determining physician options, please contact the         he or she was a provider in the EIA MPN. If the doctor does not, he
                contact EIA MPN Provider Services.                                      EIA MPN Patient Services Department or discuss your options                                                                                                       If your treating doctor believes that your condition does meet one
                                                                                                                                                                 or she may not be able to continue to treat you.                                         of those listed above, you may continue to treat with him or her
                For EIA MPN Patient Services:                                           with your initial care provider.
                (909) 608-7171 or (800) 544-8150                                                                                                                 If the contract with your doctor was terminated or not renewed                           until the dispute is resolved. For a complete copy of the Transfer
                fax: (909) 931-2151                                                      Scheduling Appointments                                                by EIA MPN for reasons relating to medical disciplinary cause                            of Care policy, please visit www.eiampn.csac-eia.org or call EIA
For emergency care or necessary treatment while the employee is outside of the          If you are having difficulty scheduling an appointment                    or reason, fraud or criminal activity, you will not be allowed to                        MPN Patient Services.
state of California, please notify EIA MPN to facilitate authorization, billing         with your initial provider or subsequent provider, please                complete treatment with that doctor. For a complete copy of the
and payment, as well as transfer of care.
                                                                                        contact your EIA MPN Patient Services Department.                        Continuity of Care policy, please visit www.eiampn.csac-eia.org
                                                                                                                                                                 or call EIA MPN Patient Services.
Second Opinion, Third                                         Treatment Outside of the Geographic Area
Opinion and Independent                                      EIA MPN has providers within a sixty mile radius of your
                                                             employer’s physical location and throughout California.                      EI A M P N
Medical Review Process:                                      If a situation arises which takes you out of the coverage                    M E D I CA L   P RO V ID ER   N E TW O RK

                                                             area, such as temporary work, travel for work, or living
If you disagree with your doctor or do not like your         temporarily or permanently outside the MPN geographic
doctor for any reason, you may always choose another         service area, please contact the EIA MPN Patient Services
doctor in the MPN.                                           Department, your claims examiner, or your primary               EIA MPN Provider Directory
 Obtaining Second and Third Opinions                        treating provider, and they will provide you with a         To access a directory of medical providers in
                                                             selection of at least 3 approved out-of-network providers


                                                                                                                                                                                                 E I AM P N
If you disagree with the diagnosis or treatment plan         from whom you can obtain treatment or get second and
                                                                                                                         the EIA MPN, go to www.eiampn.csac-eia.org
determined by your treating physician or your second         third opinions from the referred selection of physicians.   where you can search by medical specialty, zip
opinion physician, and would like a second or third                                                                      code, physician or provider group. To receive
opinion, you must take the following steps:                  Covered Medical Services:                                   a hard copy of the regional area listing or the                        MEDICAL       PROVIDER                        NETWORK

  Notify the EIA MPN Patient Services Department            The following is a summary of Workers’                      complete EIA MPN directory, please contact
   who will provide you with a regional area listing of      Compensation medical services that are available to         EIA MPN (your employer’s designated medical
   physicians and/or specialists within the EIA MPN
                                                             employees covered by the EIA MPN.                           provider network administrator):
   who have the recognized expertise to evaluate or
   treat your injury or condition.                           Primary treating and specialty services
  Select a physician or specialist from the list.           including consultations and referrals
  Within 60 days of receiving the list, schedule                                                                                                                                          This pamphlet contains important
   an appointment with your selected physician or            Examples of primary treating or specialty                            EIA MPN Information
                                                                                                                                                                                           information on accessing the EIA Medical
   specialist from the list provided by the EIA MPN          providers include: general medical practitioners,           To access more information, regarding the EIA
   Patient Services Department. Should you fail to           chiropractors, dentists, orthopedists, surgeons,                                                                              Provider Network:
   schedule an appointment within 60 days, your right                                                                    MPN, go to www.eiampn.csac-eia.org. You can
                                                             psychologists, internists, psychiatrists,
   to seek another opinion will be waived.                   cardiologists, neurologists.
                                                                                                                         download the Employee Handbook, Transfer of                         Find out if you are covered
  Inform the EIA MPN Patient Services Department                                                                        Care Policy or the Continuity of Care Policy. To                    Access medical care
   of your selection and the appointment date so that        Inpatient Hospital and Outpatient                           receive a hard copy of this information please
   we can ensure your medical records are forwarded          Surgery Center services                                                                                                         Learn about continuity of care
                                                                                                                         contact EIA MPN.
   in advance of your appointment date. You may also                                                                                                                                         Choose your own physician
   request a copy of your medical records.                   Examples of inpatient hospital and outpatient
                                                             surgery center providers include: acute hospital                                                                                Transfer into the EIA MPN
  You will be provided further information regarding
   the IMR process at the time of the third opinion          services, general nursing care, operating room and                                                                              Contact EIA MPN
   evaluation or you may request further information         related facilities, intensive care unit and services,                        EIA MPN
   via the MPN Employee Handbook.                            diagnostic lab or x-ray services, necessary                       Patient Services Department
 Obtaining an Independent Medical                           therapies.                                                              313 E. Foothill Blvd.
Review (IMR)                                                 Ancillary Care services                                                   Upland, CA 91786
                                                                                                                          (909) 608-7171 or Toll Free (800) 544-8150
If you disagree with the diagnosis or treatment plan         Examples of ancillary care providers include:
                                                                                                                                    fax: (909) 608-7165 or
determined by the third opinion physician, you may file
a request for an Independent Medical Review with the
                                                             diagnostic lab or x-ray services, physical
                                                             medicine, occupational therapy, medical and
                                                                                                                               e-mail: info@eiampn.csac-eia.org                                                 EIA MPN
                                                                                                                                                                                                                M E D I C A L   P R O V I D E R   N E T W O R K

Administrative Director of the Division of Workers’          surgical equipment, counseling, nursing, medically
Compensation by calling 1 (800) 736-7401. You may also                                                                                                                                      Employee Name: __________________
                                                             appropriate home care, medication.                                                                                             Employer Name: __________________
contact the EIA MPN Patient Services Department for the
appropriate forms.                                           Emergency services including outpatient                     This pamphlet is available in Spanish. For a                       Date of Injury: __________________
                                                             and out-of area emergency care                              free copy, please contact EIA MPN.
If the second opinion, third opinion or IMR agrees with                                                                                                                                         Medical Treatment for Workers’ Compensation
your treating doctor, you will need to continue to receive                                                                                                                                        313 E. Foothill Blvd., Upland CA 91786
medical treatment with a network physician. If the IMR                                                                   Este folleto esta disponible en el Español. Para
                                                                                                                                                                                                     (909) 608-7171 or (800) 544-8150
does not agree with your treating network physician, you                                                                 una copia gratis, favor de llamar a EIA MPN.                                      fax: (909) 608-7165 or
will be allowed to receive that medical treatment from a
                                                                                                                                                                                                     e-mail: info@eiampn.csac-eia.org
provider either inside or outside of the EIA MPN.                                                                                                                               Rev 6/06
                                                                                     J. STEVE GARCIA
                                                                                     President
                                                                                     DAVID CAMPIO
                                                                                     Vice President
                                                                                     MAUREEN MENDOZA
                                                                                     Clerk
                                                                                     PAUL VINCENT AVILA

Ontario-Montclair
                                                                                     Member
                                                                                     SAMUEL CROWE
                                                                                     Member
School District
                                                                                     Member

950 West D Street, Ontario, California 91762 • (909) 418-6366 • (909) 459-2550      VIRGIL D. BARNES, Ed.D.
                                                                                    Superintendent
OPERATIONS
                                                                                    CRAIG E. MISSO
                                                                                    Director, Facilities Planning and
                                                                                    Operations




          ONTARIO-MONTCLAIR SCHOOL DISTRICT
 ANNUAL NOTIFICATION OF PLANNED PESTICIDE USE FOR 2010-11

Dear Parents, Guardians and Staff Members,

The Healthy Schools Act of 2000 requires all California school districts to notify parents, guardians and
staff members of pesticides that the district may expect to apply during the year. We intend to use the
following pesticides, if necessary, at your school/site this year:


NAME OF PESTICIDE                                           ACTIVE INGREDENT(S)
ROUNDUP PRO HERBICIDE                                       Glyphosate, N – 41%
PENDULUM WDG HERBICIDE                                      Pendimethalin, N- 60%
KARMEX DF HERBICIDE                                         Diuron 3 – 80%
DEMAND CS INSECTICIDE                                       Lambdo-cyhalothrin – 9.7%
SUNGRO PERMITH                                              Phenoxyphenyl methyl - 30%
FOGASOL II FOGGERS                                          Phenoxyphenyl methyl – 35%


You can find more information regarding these pesticides and pesticide use reduction at the Department
of Pesticide Regulation’s Web site at http://www.cdpr.ca.gov.

If you have any questions, please contact me at (909) 418-6366.

Sincerely,

Craig Misso

Craig Misso
Director, Facilities Planning and Operations
               ONTARIO-MONTCLAIR SCHOOL DISTRICT
                         Ontario, California

                                     May 14, 2010



TO:           All District Employees

FROM:         Craig Misso, Director, Facilitites Planning and Operations


SUBJECT:      AVAILABILITY OF AHERA MANAGEMENT PLAN BOOKS


The Asbestos Hazard Emergency Response Act (AHERA) mandates that the district
inform all district employees that a copy of each school sites AHERA Management Plan
Book is available for their inspection, as required in the Asbestos Hazard Emergency
Response Act (AHERA) 40 CFR. Part 763. of the Federal Register. These books are
required to be available for review and on file in each school’s main office. A copy is
also available in the district Environmental Office that is located in the Operations
Department at 950 West D Street, Ontario, CA. The AHERA Management Plan Book
may be review between the hours of 7:30 a.m. and 4:30 p.m.., Monday through Friday.

If you have any questions, contact me at (909) 418-6366.

Cc:    Casey Cridelich, Assistant Superintendent, Business Services
                                                                 ONTARIO-MONTCLAIR
                                                                 SCHOOL DISTRICT




Operations Department
MEMO
 To:       All Employees
 From:     Craig Misso, Director, Facilities Planning and Operations
 Date:     May 14, 2010
 Re:       KEY SECURITY



 Listed below are six common practices for maintaining proper key security:

       1. Familiarize yourself with the attached Board Policy and Administrative Regulation #3515
          regarding key security.

       2. Keep your district issued keys secured at all times.

       3. Never loan your keys to another person.

       4. Never leave your keys in an unsecured place or in your vehicle.

       5. Avoid taking a site master and other nonessential keys home. Take only those keys needed
          for access. Store your remaining district issued keys at your school site in a key lock box or a
          secured desk.

       6. Report lost/stolen keys immediately to your supervisor.

 If you have any questions, please contact your supervisor.
Ontario-Montclair
Administrative Regulation
 AR 3515
Business and Noninstructional Operations

Facilities' Security


Introduction

The facilities and, in particular the educational facilities, represent the largest single
investment within the district. In order to secure the buildings against unauthorized entry
and protect records and assets, access shall be restricted to authorized persons. It is the
intent of this regulation to establish guidelines for such authority and for the supervision
of keys. Violations of this procedure shall be considered willful.

Building Restrictions

All buildings within the district are to be considered closed beyond normal working
hours. Access to district buildings outside normal working hours shall be limited to
personnel whose work requires access and who have prior approval from the site
administrator, department head or other authorized authority.

The Superintendent or designee shall ensure that campus security procedures are
developed which are consistent with the goals and objectives of the district's
comprehensive safety plan and site-level safety plans.

These procedures shall include strategies and methods to:

1.      Secure the district facilities in order to prevent criminal activity. These strategies
shall include an analysis of the building security system, lighting system, and campus
fencing. Procedures to ensure unobstructed views and eliminate blind spots caused by
doorways and landscaping shall also be considered. In addition, parking lot design may
be studied, including methods to discourage through traffic.

2.      Secure buildings from outsiders and discourage trespassing. These procedures
may include requiring visitor registration, requiring visitor, staff and student
identification tags, and patrolling places used for congregating and loitering.

(cf. 0450 - Comprehensive Safety Plan)
(cf. 1250 - Visitors/Outsiders)
(cf. 3515.2 - Disruptions)
(cf. 5112.5 - Open/Closed Campus)
3.     Discourage vandalism and graffiti. These methods may include plans to
immediately cover graffiti as well as campus beautification projects and shall also include
students and the community in these projects.

(cf. 3515.4 - Recovery for Property Loss or Damage)
(cf. 5131.5 - Vandalism, Theft and Graffiti)

4.     Control access to keys and other school inventory.

(cf. 3440 - Inventories)

5.      Detect and intervene with school crime. These procedures may include the
creation of a school watch program, an anonymous crime reporting system, analysis of
school crime incidents, and collaboration and communication with local law enforcement
agencies.

All staff shall receive training in building and grounds security procedures.

(cf. 3515.3 - District Police Department)
(cf. 4131 - Staff Development)
(cf. 4231 - Staff Development)
(cf. 4331 - Staff Development)

These procedures shall be regularly reviewed and updated in order to reflect changed
circumstances and to assess progress in achieving safe school objectives.

Key Restrictions

"Any person who knowingly makes, duplicates, causes to be duplicated, or uses, or
attempts to make, duplicate, or has in his/her possession any key to a building or other
area owned, operated or controlled by...any public school or community college without
authorization from the person in charge of such building or area or his/her designated
representative and with knowledge of the lack of such authorization is guilty of a
misdemeanor." (Penal Code, Section 469)

Responsibilities

1.     Buildings.

a.      Site administrators/department heads/custodians are responsible for the physical
security of their areas and for authorizing after hours access. Persons authorized access
after hours should be knowledgeable of the security system. They shall be accountable
for proper disarming of the system prior to entering buildings and proper arming of the
system when departing.

b.     The primary building security code should not be given to any person other than
the site/building staff. A temporary code is available from the Operations Department
and can be changed when the authorized person has completed his/her tasks.

c.     All doors, windows and security gates should be closed and locked. Locking
devices are to be considered unlocked until they are physically checked.

d.     All sites/departments will keep an active log of persons authorized to enter
buildings after normal working hours noting name, reason and arrival-departure times. In
the event of a problem, the log will be checked against security system arming/disarming
records.

e.      The cost, if any, of a false alarm fee or response thereto may be charged against
the site/department/third party who caused the false alarm whenever it is established that
the false alarm was caused by their carelessness or negligence.

2.      Keys.

a.     The overall responsibility for the management of the key control system rests with
the Assistant Superintendent, Business Services or designee.

b.      The site administrator for each facility shall be responsible for the issuance,
maintenance and return of all keys under his/her jurisdiction. Under no circumstances
shall the key be loaned, transferred or turned over to any individual, except as specified
by this procedure.

c.       Master keys shall not be loaned and the duplication of keys by others than the
district's locksmiths is prohibited.

d.     Individuals who have been issued keys are responsible for their safekeeping and
proper use at all times. If a key is lost, the person responsible shall report the loss to their
supervisor immediately and may be responsible for paying for a replacement key(s).

The building custodians are responsible for the security of the entire building, including
keeping out unauthorized persons, locking all doors, windows and gates, turning off
lights and arming security systems. In the absence of the custodian, the employee who
has been issued keys to the building will have this responsibility.

e.       The Assistant Superintendent, Business Services, or designee, shall approve all
fees, fines, forfeitures or other charges applied or waived under this procedure.

Key Distribution

1.     The number of keys to be issued will be requested by the site
administrator/department head and approved by the Assistant Superintendent, Business
Services and/or designee.
Request for Keys

1.      All requests for keys shall be made via a "Key Request" form. Requests for all
levels of master keys shall contain a "Statement of Justification." Key request requires
approval for type of key(s) requested as outlined:

a.     District Grand Master Key.

Requests for District grand master keys shall be reviewed and approved/disapproved by
the Assistant Superintendent, Business Services or designee.

b.     Site and Sub Master Key.

Request for site and sub master keys shall be reviewed and approved/disapproved by the
site administrator and by the Assistant Superintendent, Business Services or designee.

c.     Other Than Master Keys.

(1)    Requests for keys other than master keys shall be reviewed and
approved/disapproved by the Operations Department. Decision shall be based on need
and security considerations.

(2)    Contractors working on school district projects may be issued keys upon approval
by the Operations Department. In such instances, the contractor shall sign for each key
issued. The contractor shall be responsible for the key(s) and their being returned. Final
payment for services will be held until the key(s) are returned.

(3)    Other persons, upon special request to and approval by the Assistant
Superintendent, Business Services, or designee, may be issued keys. In such instances,
these persons shall post deposit with the district's Facilities Office for each key issued.
The deposit shall be that as shown for lost key charges in this administration.

Issuance of Keys

1.     Keys will be issued only when a "Key Request" form has been completed and
approved. Once approved, a copy of the "Key Request" form and district "Work
Request" will be forwarded to the Operations Department. Prior to receiving the key, the
requestor will be required to complete and sign the "Key Receipt and Agreement" form.
Copies of both forms will be maintained by the requesting site/department, Operations
Department and individual requestor.

Site administrators/department heads will use the same forms to assign keys within their
area of responsibility. Only the approval of the site administrator/department head is
required.

2.     Keys may be issued for varying lengths of time. The duration of time shall be
stated on the "Key Request" and "Key Receipt and Agreement" form for each key and at
the expiration of that time, each key must be properly returned and appropriate clearance
given.

3.       Substitutes and temporary employees, when needed, are to be issued keys by the
site or department on a daily basis and must be returned at the end of each day. This may
be waived in the event of a multiple-day assignment.

4.      Vehicle and equipment keys are issued to staff personnel assigned use of the
vehicle or equipment and, unless authorized by the site administrator, to remain at the site
at the conclusion of the work day.

Missing, Lost or Stolen Keys

1.     Missing, lost or stolen keys must be reported immediately to the Operations
Department by the responsible party and a signed statement stating the circumstances
must be forwarded to the Operations Department within twenty-four hours.

2.     Prior to issuance of replacement key(s), a "Report of Loss of Keys" and a "Key
Request" form must be completed, receive appropriate approval and replacement fee(s)
must be paid to the district's Facilities Office.

3.      Keys which are lost or stolen through the gross negligence of individuals, (i. e.,
loaning keys to students or unauthorized person, leaving keys laying around and/or not
taking appropriate action to safeguard keys, etc.) could subject the individual to
reimburse the district of any appropriate costs necessary to rekey the affected areas.

4.      The individual to whom keys are issued may be held responsible for any damage
to or loss of district property resulting from his/her loss or misuse.

Key Return and Accountability

1.      In the event of termination of employment from the district, the employee is
required to return all keys issued to him/her. An employee's final paycheck will be
retained until all keys have been returned to his/her immediate supervisor or appropriate
fees or fines paid and have a "Key Return Transmittal" completed.

The "Key Return Transmittal" form is the only acceptable proof of returned keys. A tear
off receipt will be presented by the employee to the Human Resources Department for a
final pay warrant.

2.      Employees, on extended leave or illness (one month or more), must return all
keys issued and have a "Key Return Transmittal" completed.

3.     Students shall not be issued or loaned keys under any circumstances.
4.     All keys must be returned when no longer needed by the individual or as
determined by his/her immediate supervisor.

5.      Employees on less than 12 month contracts, other than management personnel,
shall turn in keys at the end of the school year or other employment period and shall
receive appropriate clearance. Failure to do so shall result in the retention of final
paycheck(s) until the keys are returned or the district has been reimbursed.

6.     Site administrators shall make an annual accounting for all keys issued to him/her.
The Assistant Superintendent, Business Services, or designee shall schedule and
administer this accounting. The district shall be reimbursed by the accountable
individual for missing, lost, or stolen keys at the time of this accounting.

7.      Employees who are transferred or reassigned must return all keys at the time of
transfer or reassignment. "Key Return Transmittal" must be received including
reimbursement for any missing, lost or stolen keys prior to the issuance of any keys
needed for the new position.

Lock Maintenance and Key Duplication

1.     The Operations Department is responsible for the maintenance and repair of all
locks and padlocks, excluding padlocks that are the personal property of individuals.
Repair of district locks and padlocks by others, unless specifically authorized by the
Operations Department, is prohibited.

2.       The Operations Department has the sole authority to duplicate district keys.
These keys shall not be duplicated by any person, agency or company other than the
district locksmith without specific, prior written approval of the Operations
Administrator/Director of Facilities and Operations, or designee.

Key Control

1.     Records.

a.      Accurate records shall be maintained by each site and department to verify the
accountability of all keys issued or kept on file by each school site or department. A
current "Key Inventory" shall be maintained of all keys issued on file.

b.    Records to be kept on file shall include, but are not limited to, "Key Requests,"
"Key Receipts," and "Key Inventories" for that particular site or department.

c.     A "Key Inventory" report shall be prepared/retained annually by each site.

d.      The Operations Department shall maintain records indicating the key numbers
that open each door in the district. In addition to keeping a copy of all current "Key
Requests," and "Key Receipts," the Operations Department shall also keep an accounting
of total keys currently issued by key number.

2.     Key Security.

a.     Keys maintained at sites or department shall be stored in a locked key cabinet,
which shall be kept in a vault or locked closet or store room that is protected by a burglar
alarm system. Security of the keys and the keybox is the responsibility of the site
administrator or department head.

b.    Key lock box guardians will sub-issue keys to individuals via the "Key Request
and Agreement" form. Copies will be retained by the guardian, issuee and Operations
Department.

c.      File keys are those keys from which duplicate keys are made and are never to be
issued for use. File keys shall be inventoried, cataloged and maintained by the
Operations Department.

d.     The Transportation Department will maintain vehicle and equipment keys. At no
time are keys to be left in unattended vehicles.

3.     Key Duplication.

a.    Duplication of keys, except broken or badly worn keys, will be via an approved
"Key Request" and “Work Request” form.

b.      Broken or badly worn keys will be replaced by the Operations Department upon
receipt of the key with a "Work Request". All portions of the broken key(s) are to be
included with these forms.

4.     Rekeying.

a.      Requests for rekeying locks shall be approved only in situations of extreme
security risk.

b.    Requests for minor rekeying of locks shall be submitted for approval to the
Maintenance Department on the standard "Work Request" form.

Rekeying a single room or area with five or less locks or padlocks constitutes minor
rekeying.

c.     Request for major rekeying of locks shall be submitted for approval to the
Operations Administrator/Director of Facilities and Operations. Major rekeying is that
which is larger in scope than defined above in 4. b.

d.     In cases where rekeying is requested for site or departmental convenience, or due
to improper key security or negligence, the requesting site or department shall be required
to pay the rekeying costs.

Fees, Fines and Deposits

1.       Fees, fines and deposits are established to defray expenses incurred by the district
to reissue keys and rekey locks. Also, their establishment is intended to promote the
accountability, responsibility, and control that is necessary for proper security of district
facilities and property.

2.     Fees for lost keys are the responsibility of the site administrator/department head
who authorized the issuance of those keys and may be charged to the site's or
department's budget.


3.     Fees for lost keys are as follows:

a.     For a:                  Up to:

(1)    Grand Master Key        $5,000

(2)    Campus Master Key $2,500 per key

(3)    Sub Master Key          $1,500

(4)    Room Key                $150

(5)    Gate Key                $1,500

(6)    Furniture, Cabinet or
       Panel Key             $5.00

(7)    Maximum charge for any
one occurrence     $5,000

a.     Deposits.

(1)    Contractors     A minimum of $2,500
                       up to actual charge

(2)    "Approved Use of Facilities"
        permit $1,500

b.     Rekeying.

(1)    Minor Rekeying (1-5 locks) $20.00 per lock
(2)   Major Rekeying
      (6 or more locks) Actual Charges

Regulation   ONTARIO-MONTCLAIR SCHOOL DISTRICT
             Ontario, California
                                                                                                        J. STEVE GARCIA
                                                                                                        President
                                                                                                        DAVID CAMPIO
                                                                                                        Vice President
                                                                                                        MAUREEN MENDOZA
Ontario-Montclair                                                                                       Clerk
                                                                                                        PAUL VINCENT AVILA
School District                                                                                         Member
                                                                                                        SAMUEL CROWE
                                                                                                        Member


950 West D Street, Ontario, California 91762 • (909) 418-6366 •FAX (909) 459-2550                       VIRGIL D. BARNES, Ed.D.
                                                                                                        Superintendent
OPERATIONS
                                                                                                        CRAIG E. MISSO
                                                                                                        Director, Facilities Planning and
May 14, 2010                                                                                            Operations



Dear Staff Members,

This letter to inform you of your rights and responsibilities under the new Healthy Schools Act of 2000, AB 2260 (Shelley). This bill
promotes least-toxic pest management programs for school districts.

Each school year, The Ontario-Montclair School District will send out an annual update of all chemicals that may be used for the control
of pests at the district’s schools during that calendar year. Information on pesticides and pesticide use is available through the California
Department of Pesticide Regulations (CDPR) at www.cdpr.ca/gov . You may also obtain this information by writing to:

California Department of Pesticide Regulation
830 “K” Street
Sacramento, CA 95814-3510

You can also call the CDPR at (916) 445-4300 to reach its general information line.

A warning sign will be posted at the application point at your school 24 hours in advance of any pesticide application. The warning sign
will remain posted at the site for 72-hours after each pesticide application. Also, a copy of the warning sign will be filed in the school
office. The pest management product list, indicating the names of the pesticides and their active ingredients that may be used by the
district is attached to this communication.

To register for the 72-hour advance notification, complete and return the registry application form attached below.

Sincerely,
Craig Misso
Craig Misso
Director, Facilities Planning and Operation
___________________________________________________________________________________________________

                                           REGISTRY OF 72-HOUR NOTIFICATION
                                      OF REGULATED PEST MANAGEMENT CHEMICALS

There are various chemicals, including pesticides that could be used within the school environment for the maintenance of facilities.
Certain individuals may have conditions that may be aggravated by the use of these materials. As a result, the Ontario-Montclair School
District has established a registry for those who have medical conditions requiring notification prior to the use of these materials.

A list of staff members will be maintained in the Environmental Department office, with a copy at each school site. A notice will be sent
to all staff members from the site administrator via site mail. If you wish to receive written notice of planned pesticide usage.
Complete the form below.

(Detach and Return)

72-Hour notice of application of Regulated Pest Management Chemicals Registry Form

Date: ___________________________________

Name: ____________________________________________________________________________________________

Work Site: _________________________________________________________________________________________

Address: ___________________________________________________________________________________________

Telephone Number: __________________________________________________________________________________

Signature: __________________________________________________________________________________________
                   ONTARIO-MONTCLAIR SCHOOL DISTRICT
                            950 West D Street
                          Ontario, CA. 91762-3026
                          Phone: (909) 459-2500

                                  July 1, 2010




To:    All Employees

From: Purchasing Department/Switchboard /Receptionist

Re:    YOUR WORK SITE/DEPARTMENT AND PHONE NUMBER/EXTENSION




We are asking for your assistance so that we can better serve your
needs.


Each day, the district switchboard receives calls that we are unable to transfer
because an employee has given the caller the school district’s main phone number,
459-2500.

With approximately 2,300 employees in the district, it is difficult to assist the caller
when location and or extension numbers are unknown, lack of this important
information may result in calls being unable to be transferred to you.

The district does not give callers home phone numbers of employees, nor does the
district give out the name, phone number, or extension number of an employee’s
work site.

                           HELP US TO HELP YOU
When filling out forms for doctors, dentist, realtors, lawyers, banks, childcare
providers, etc. or when giving your work number, please be sure to give your
sit/department’s direct phone number, and if applicable, your extension. This
will in most cases, ensure that the caller reaches you. If you are housed at the Briggs
Center, please be sure to supply your direct number (418-XXXX)
       Ontario-Montclair School District
  950 West D Street, Ontario, California 91762

      HUMAN RESOURCES 24-Hour Job Line

                   Area Code 909:
Classified: 418-6364, In-district Certificated: 418-6365
Management: 418-6375, Website: www.omsd.k12.ca.us
 Classified & Certificated positions: www.edjoin.org

Information on all current openings within the District

								
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