ARTICLE III: CONDITIONS OF EMPLOYMENT - GENERALLY
Table of Contents
5-3.1 DRUG-FREE WORKPLACE
5-3.2 TOBACCO-FREE Schools
5-3.5 NONSCHOOL EMPLOYMENT
5-3.7 REDUCTION IN FORCE
POLICY 5-3.1 DRUG-FREE WORKPLACE
The Hanover County School Board is committed to maintaining a drug-free work place. To that end, all School Board work places, including offices, annexes, playgrounds, parking lots, vehicles, and off-campus locations, shall be maintained as drug-free workplaces. Failure of employees to adhere to this standard will result in appropriate disciplinary action, up to and including dismissal.
While on school property or at school activities and events, School Board employees shall not possess, use, distribute, sell, manufacture, dispense, or be under the influence of any narcotic, hallucinogenic, amphetamine, barbiturate, marijuana, alcoholic beverage, stimulant or intoxicant of any kind or other controlled drug as defined by state or federal law. The use of a drug authorized by a medical prescription shall not be considered a violation of this Policy when used as prescribed by the person for whom it was prescribed. Violation of this Policy may result in appropriate disciplinary action up to and including dismissal. Any employee convicted of any drug-related crime occurring under the circumstances described in this paragraph shall notify the division superintendent or his designee within five (5) days after such conviction. Compliance with this provision is a condition of employment.
Conduct prohibited by the Omnibus Transportation Employee Testing Act of 1991 and U.S. Department of Transportation Regulations shall constitute a violation of this Policy and may result in appropriate disciplinary action up to and including dismissal.
The use of alcohol, narcotics, hallucinogens, depressants, stimulants, or marijuana off School Board property which affects an employee's ability to perform his or her duties, or which generates publicity or circumstances which adversely affect the school division or its employees, may result in discipline, including possible suspension or termination.
The division superintendent and School Board will take appropriate personnel action up to and including dismissal of any employee found to be in violation of this Policy. Such actions of the division superintendent and School Board shall begin immediately on notification of a violation.
Distribution of Policy
All employees shall be given a copy of the “Alcohol and Drug-Free Work Place Acknowledgement Form” which shall constitute notice that they agree to abide by this Policy as a condition of employment.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, Sections 4-78.1, 4-112.4, 18.2-255.2, 22.1-78, 22.1-280.1; Regulations Governing Reporting Acts of Violence and Substance Abuse in Schools, 8 VAC 20-560-10. Drug Free Schools and Communities Act of 1986 (P.L. 99-570); Elementary And Secondary Education Act of 1965 (ESEA) (P.L. 100-279); Drug Free Workplace Act of 1988 (P.L. 100-690); Drug Free Schools and Communities Act Amendments of 1989 (P.L. 101-226); Crime Control Act of 1990 (P.L. 101-647).
Recodified: August 2000
REGULATION 5-3.1 DRUG-FREE WORKPLACE
The Hanover County School Board requires compliance with both the word and intent of the Drug-Free Workplace Act, acts of the Virginia General Assembly relating to drug and alcohol use, and federal, state and Virginia Department of Education regulations implementing such legislation.
As used in this regulation:
"Controlled substance" means a controlled substance in Schedules I through V of the Federal Controlled Substance Act and Schedules I through VI of the Virginia Drug Control Act.
"Conviction" means a finding of guilt by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.
"Criminal drug statute" means any federal or state criminal statute involving the manufacture, distribution, dispensing, possession or use of any controlled substance.
"School Workplace" means any site for the performance of school related work by the employee. That includes any school building and all school premises; any school-owned vehicle or any other school-approved vehicle used to transport students to and from school or school activities; and any other place which is the location of any school-sponsored or school-approved activity, event, or function, such as a field trip or athletic event, where students are under the jurisdiction of the school division.
Alcohol and Drugs on School Board Property or Any School Workplace
The illegal use, possession of, or usage of alcohol, narcotics, hallucinogens, depressants, stimulants, marijuana or other controlled substance by any School Board employee on School Board property or any school workplace is prohibited. The violation of this regulation shall result in suspension or termination of employment.
Alcohol and Drugs off School Board Property
The use of alcohol, narcotics, hallucinogens depressants, stimulants, and marijuana or other controlled substance off School Board property which affects an employee’s ability to perform his or her duties, or which generates publicity or circumstances which adversely affect the school division or its employees, shall result in discipline, including possible suspension or termination.
The School Board recognizes that alcohol and drug dependencies are illnesses and major community health problems. Early recognition and treatment of alcohol and drug abuse are essential to successful rehabilitation. The School Board may assist any employee, upon request of the employee, with alcohol and drug abuse problems as well as other personal problems by making referrals to appropriate treatment programs.
An employee voluntarily seeking assistance for a substance abuse problem through the office of human resources will not be disciplined as a result of his disclosure of prior drug or alcohol use provided that he successfully adheres to requirements of and completes the treatment program and does not thereafter violate this regulation regarding use of alcohol, illegal drugs, and unlawful prescription drugs.
The School Board is aware of its obligation to employees with respect to the use and abuse of drugs. The School Board believes that within the school division a climate which promotes abstinence from illegal drugs must be established. To achieve this goal, the division superintendent or his designee shall establish :
1. A continuing program of required inservice instruction on the nature of drugs and their proper use and on the deleterious effects of drug use on the mental, physical, social, economic and legal status of the individual employee.
2. Opportunities for the community to understand the school division's approach to a drug-free workplace.
Notification of Convictions
An employee convicted for violating any state or federal drug law must notify the assistant superintendent of human resources within five (5) days of his conviction. Failure to comply with this directive will be grounds for termination of employment.
Each employee is required to sign a form acknowledging that the employee is aware of this regulation and its requirements. Forms shall be signed by current and future employees. Department heads and principals have the responsibility for obtaining employees' signatures on the acknowledgment forms which shall be maintained in the office of human resources.
Alcohol- and Drug-Free Work Place
Acknowledgment Form for Employee
As a condition of my employment with the Hanover County Public Schools, I certify the following:
1. I am aware of the school division's Regulation 5-3.1 pertaining to an alcohol- and drug-free work place. I understand that I may be dismissed for any violation of this regulation, even if it is a first offense.
2. I am aware I shall notify the assistant superintendent of human resources, if I am convicted by a federal, state, or local court of an illegal drug-related offense. I will inform the assistant superintendent of human resources within five days of the date of such conviction. I understand that I may be dismissed for any such conviction.
POLICY 5-3.2 TOBACCO-FREE SCHOOLS
chewing or any other use of any tobacco products by staff shall be prohibited
For purposes of this Policy, the following definitions shall apply:
1. “School property” shall mean all property owned, leased, rented or otherwise used by the Hanover County School Board, including but not limited to the following:
a. All interior portions of any building or other structure used for instruction, administration, support services, maintenance or storage;
b. Any indoor facility or portion of such facility owned, leased or contracted for and utilized to provide regular or routine health care, day care or early childhood development (Head Start) services; and
c. All vehicles used by the division for transporting students, staff, visitors or other persons.
2. “Tobacco” shall include cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and all other kinds and forms of tobacco prepared in such manner as to be suitable for chewing, smoking or both. “Tobacco” shall include cloves or any other product packaged for smoking.
3. “Smoke” or “smoking” means the carrying or holding of any lighted pipe, cigar, or cigarette of any kind, or any other lighted smoking equipment, or the lighting, inhaling, or exhaling of smoke from a pipe, cigar, or cigarette of any kind.
This Policy shall be posted on bulletin boards and announced in meetings. Staff found to be in violation of this Policy shall be subject to appropriate disciplinary action.
The School Board may direct the division superintendent to issue regulations designating smoking areas on school grounds outside buildings.
LEGAL REFERENCE: Code of
Recodified: August 2000
Amended: July 16, 2002, July 16, 2003
POLICY 5-3.3 STAFF: WEAPONS IN SCHOOLS
The Hanover County School Board is committed to maintaining a safe and secure working and learning environment. Employees are prohibited from carrying, bringing, using, or possessing any weapon as defined by state and federal law in any school building, on school grounds, in any school vehicle or at any school-sponsored activity without the authorization of the school administration or the School Board. The division superintendent and School Board will take appropriate personnel action up to and including dismissal of any employee found in violation of this policy. Such action of the division superintendent and School Board shall begin immediately on notification of a violation. All incidents involving illegal carrying of a firearm shall be reported in accordance with state law.
REFERENCE: Code of
Recodified: August 2000
The Hanover County School Board encourages employees to exercise all their rights as citizens, including involvement in political activities. Employees may solicit support for political candidates or political issues outside regular work hours, but should make clear that their views and actions are made as individuals and that they do not represent the views of the Hanover County Public Schools. No employee shall use his position in the school division to promote a political cause. No employee shall attempt to indoctrinate students by virtue of his position while students are under the supervision of the School Board, as is further outlined in Policy 6-1.10.
Political posters, announcements and flyers shall not be displayed on school bulletin boards or distributed through mail or messenger facilities. These restrictions shall not apply to classroom bulletin boards and displays being used to supplement instructional units.
The School Board recognizes that employees participate in professional organizations.
LEGAL REFERENCE: Code of
Recodified: August 2000
Hanover County Public Schools recognize that employees participate in
professional organizations, the process of soliciting membership to the
organization must be guided by procedures which preserve the integrity of the
Adopted: August 14, 2001
POLICY 5-3.5 NONSCHOOL EMPLOYMENT
Employees of the Hanover County School Board may accept outside employment provided that such employment does not interfere with or affect their performance in the position for which they are employed and that the outside employment does not reflect adversely upon the school division. The division superintendent may require an employee to report all outside employment.
No employee of the School Board shall take advantage of his or her position to promote or to sell any educational aids to students or parents of students enrolled in the school division.
Professional staff members shall be prohibited during the school year from tutoring students (on a paid basis) in the school where they are employed. No teacher shall recommend that a student be tutored without first conferring with the student’s principal.
Staff Gifts and Solicitations
Exchange of gifts between students and staff shall be discouraged. No school division employee shall solicit goods or services for personal use or for student use during school hours on school property without written authorization from the division superintendent. See Policies 2-2.3 and 2-5.4.
LEGAL REFERENCE: Code
Recodified: August 2000
In order to avoid any conflict of
interest, perceived or otherwise, the following procedures are to be followed
POLICY 5-3.6 HOURS OF EMPLOYMENT/WORK DAY
Hanover County School Board licensed personnel are employed on a contractual basis to perform specific duties. The individual employee has the responsibility to spend such time as is necessary to fulfill his or her obligations both during and after school hours. Subject to School Board approval, the division superintendent or his designee shall determine specific working hours.
1. Teachers shall work a minimum of seven hours and fifteen minutes per day.
2. All teachers are expected to remain in their schools for periodic inservice training sessions, faculty meetings, etc., which normally will be in addition to the regular teaching day.
3. Teachers also are expected to assume additional responsibilities, such as assisting with the program of extracurricular activities, bus duty, etc., some of which are in excess of the normal school day.
Classified Licensed and Classified Non-licensed Personnel
The division superintendent or his designee, subject to approval by the School Board, shall determine specific working hours for classified licensed and non-licensed personnel and, through appropriate administrative regulations, shall advise these employees of their working hours.
Employees who are classified as “non-exempt” under the Fair Labor Standards Act shall not work overtime without approval of their immediate supervisors and the division superintendent or his designee. Overtime compensation shall be paid for work performed by a “non-exempt” employee in any workweek in which the employee works in excess of forty (40) hours. Overtime compensation shall be paid at a rate of one and one-half times the regular rate at which the “non-exempt” employee is actually paid. In lieu of overtime compensation, “non-exempt” employees may be granted compensatory time at a rate of one and one-half hours for each hour of employment for which overtime compensation is required under the Fair Labor Standards Act. Before a “non-exempt” employee can work overtime for which compensatory time is granted, the employee must enter into a written agreement with Hanover County Public Schools to receive compensatory time in lieu of overtime compensation. “Non-exempt” employees may not accrue more than 240 hours of compensatory time (i.e., 160 hours of overtime actually worked). Employees who have accrued and request use of compensatory time shall be permitted to use such time off within a reasonable period after making the request, if the use does not unduly disrupt the operations of Hanover County Public Schools. Upon termination of employment an employee shall be paid for unused compensatory time at the higher of: (1) the average regular rate received by the employee during his last three years of employment; or (2) the final regular rate received by the employee.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-79 (5), 22.1-291, 22.1-291.1; Regulations Governing Contractual Agreements with Professional Personnel, 8 VAC 20-430-10; Regulations Governing the Employment of Professional Personnel, 8 VAC 20-440-10; Regulations Governing Sick Leave Plan for Teachers, 8 VAC 20-460-10; Fair Labor Standards Act, 29 U.S.C. 201, et seq.; 29 CFR parts 553, 778
Recodified: August 2000, Amended: July 16, 2003
REGULATION 5-3.6 HOURS OF EMPLOYMENT/WORK DAY
Length of Teaching Day
Teachers serve under the direct supervision of their principals or designees. In establishing hours of employment, principals shall be guided by certain minimum requirements:
minimum school day for
2. Principals may adjust the time of arrival and departure of teachers to meet individual school needs.
3. All teachers are expected to remain in their schools for periodic inservice training sessions, faculty meetings, etc., which normally will be in addition to the regular teaching day.
4. Teachers are expected to assume additional responsibilities, such as assisting with the program of extra-curricular activities, bus duty, etc., some of which are in excess of the normal school day.
5. Student transportation circumstances may dictate some adjustment to the above regulations, but in no case will the teacher's day consist of less than seven hours and fifteen minutes.
POLICY 5-3.7 REDUCTION IN FORCE
An orderly and consistent plan shall be followed in the event the Hanover County School Board must reduce the number of licensed, classified licensed and classified non-licensed personnel from the school division due to a decrease in student enrollment, insufficient funding, expiration of special grants, a change in curriculum or a modification of the educational program and/or other conditions which may require a reduction in staff. In such event, the School Board authorizes the division superintendent to recommend the program adjustments to be made and the reduction in staff required in accordance with the accompanying regulation. All reductions shall be based on the best interests of the school division and the maintenance of a sound and balanced educational program consistent with the functions and responsibilities of the School Board.
Within two weeks of the approval of the School Board budget by the Board of Supervisors, but no later than June 1, the School Board will notify any teacher who may be subject to a reduction in force due to a decrease in the School Board’s budget as approved by the Board of Supervisors.
This Policy will be utilized to select individual employees to be released after efforts have been made to effect the required reductions in personnel through attrition and by reassignment or transfer of personnel.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-304, 22.1-305; Procedure for Adjusting Grievances, 8 VAC 20, 90-10.
Recodified: August 2000
Amended: July 16, 2003
REGULATION 5-3.7 REDUCTION IN FORCE
A. Licensed Personnel
The lay off of licensed Hanover County School Board personnel due to reduction in force shall be accomplished according to the following provisions:
1. The division superintendent shall recommend the specific endorsement areas or instructional programs in which reductions need to be made and the extent of those reductions.
2. The division superintendent shall then recommend the individuals, if any, who shall be laid off. Generally, the primary factor to be considered in making both the recommendation and determination shall be seniority within each class of employment, the least senior person being laid off first. Generally, within each class, probationary teachers shall be laid off prior to continuing contract teachers.
3. Seniority shall be that period of time commencing with the most recent term of continuous service as a licensed employee with the Hanover County Public Schools including authorized leave as shown by School Board minutes, but excluding temporary, interim, substitute, or part-time employment. The initial date of employment shall be the date of appointment to a licensed position (as distinguished from the date of the School Board meeting where such an appointment was approved), as shown by the School Board minutes. A leave-of-absence for two consecutive years or resignation cancels prior seniority. Licensed personnel who are on sabbatical leave shall be granted full seniority credit for the period of absence.
4. The division superintendent may recommend exceptions to the seniority rule. Examples of factors which may be considered in excepting the seniority rule are: (1) teaching endorsements on the individual's license which may meet specific school needs, (2) extended responsibilities that the school program may require, (3) teachers on probation, or (4) teachers with licensure deficiencies.
5. Each licensed employee shall be placed on the seniority list for the endorsement area or instructional program in which he is actively assigned. In addition, licensed employees to recommended for reduction in the area or program of their active assignments shall be placed on the seniority lists in any other areas or programs for which they have a right to be considered pursuant to paragraph A.6.
6. Each licensed employee who is recommended for lay off from an affected endorsement area or instructional program shall have the right to be considered, using the same criteria, in all other programs or instructional areas for which the employee has completed all endorsement requirements.
7. Released continuing contract licensed employees shall be offered reemployment as vacancies occur. The division superintendent shall determine, in order of seniority, which released employees will be offered the vacated position(s) for which they are qualified. No new licensed employee shall be employed for an area or program until all properly licensed continuing contract persons released from such assignment have been provided with the opportunity of filling the available positions. A licensed employee on continuing contract shall have the right to be offered a position by recall letter, pursuant to the provisions of this paragraph, for a period not to exceed two years from the date of the individual's release. Such recall letter shall be sent by the division superintendent or his designee. It shall be the responsibility of the released employee to keep the office of human resources informed of his current address. A licensed employee's eligibility for recall shall terminate if he:
a. fails to respond affirmatively in writing fifteen (15) calendar days after the mailing of a recall letter offering him a teaching position;
b. indicates in writing that he no longer wishes to be considered for recall; or
c. fails to maintain licensure and other employment eligibility requirements.
Upon reemployment, all rights related to salary, fringe benefits, and length of service shall be restored fully. However, time that has elapsed between release and reemployment will not count toward length of service.
Released continuing contract licensed employees may pay the total premium for group life and hospitalization insurance for a period of eighteen (18) months or the date that their eligibility for recall is terminated, whichever occurs first.
Administrative and/or classified licensed personnel shall include those persons who are employed on a full-time contractual basis by the Hanover County School Board and whose position is defined by the uniform pay scale.
1. The division superintendent shall recommend the specific position classification in which a reduction in force needs to be made and the number of positions to be reduced.
2. Where there is only one person in a position
classification recommended for mandatory reduction, that person shall be laid
off unless the division superintendent considers such employee for another
administrative or supervisory position pursuant to paragraph B.5. For purposes
of this Policy and Regulation only, an administrative licensed or classified
licensed employee with three years continuous experience in
3. Where there is more than one person in a position classification, the division superintendent shall recommend which individual(s) shall be laid off. The primary factors to be considered in making both the recommendation and the determination shall be job performance, the specific needs of the school division, and any special qualifications an individual might possess.
4. In those cases where no significant difference among individuals exists after a review of the factors listed in paragraph B.3., the recommendation and determination shall be based on seniority as described in paragraph A.3., the least senior employee within the classification being laid off first.
5. An employee who is recommended for lay off from his or her present position may be considered for other positions which the division superintendent determines to have generally similar duties and for which the person is otherwise qualified.
6. Released employees shall be offered reemployment as vacancies occur in the position which they held under the procedure set out in paragraph A.7.
1. Classified personnel are defined as those persons who hold positions that do not require licensure and who are assigned by the School Board full-time to a position on the uniform pay schedule.
2. The division superintendent shall recommend the specific position classifications in which a reduction-in-force needs to be made and the specific number of positions needed to be reduced.
3. The division superintendent shall recommend which individuals, if any, shall be laid off within the position classification. The primary factor to be considered in making both the recommendation and the determination shall be seniority, the least senior being laid off first. The procedure by which classified personnel are recommended by the division superintendent for reduction shall be as set out in paragraph B.3., with the exception that all employment with the Hanover County Public Schools, regardless of position, shall be counted toward seniority. In addition, an employee who is recommended for lay off from his or her present position shall be considered for lesser positions which the division superintendent determines to have generally similar duties and for which the person is otherwise qualified.
4. Released employees shall be offered reemployment as vacancies occur in the position which they held. The division superintendent shall make a recommendation as to the order of seniority in which released employees will be offered the positions. No new person shall be employed for a position until all persons released from such positions have been provided with the opportunity of filling the available positions. A person shall not have a right to be recalled to a position higher than the one in which he or she was working at the time of the reduction. However, the division superintendent may allow recall to a substantially similar lower position. A person may be offered a position by recall letter for a period not to exceed two years from the date of lay off. Such recall letter shall be sent by certified mail to the employee's current address as listed with the office of human resources. An employee's eligibility for recall shall terminate if he:
a. fails to respond affirmatively in writing within fifteen (15) calendar days after the mailing of a recall letter offering him a position;
b. otherwise indicates in writing that he no longer wishes to be considered for recall; or
c. fails to maintain licensure and other employment eligibility requirements, if any.
Upon reemployment, all rights related to salary, fringe benefits, and length of service shall be fully restored. However, time that has elapsed between release and reemployment will not count toward length of service.
Released classified employees may pay the total premium for group life and hospitalization insurance for a period of eighteen (18) months or the date on which the employee's eligibility for recall is terminated, whichever occurs first.
This Policy and Regulation shall not apply to the transfer of employees but shall only apply when, due to a reduction-in-force, an employee must be laid off. The division superintendent retains the authority to transfer teachers or other employees to other assignments at any time to reduce the number of persons affected by the reduction-in-force.
So that there will be no negative implications regarding the professional record of an employee laid off under this Policy, the minutes of the School Board will clearly show that such termination of employment was due to a reduction-in-force.
This Policy will be activated upon recommendation of the division superintendent to the School Board. It will not be necessary for the office of human resources to establish seniority lists, etc., until such time as notified by the division superintendent.
Nothing in this Policy shall be construed as granting an employee on a term contract the right to employment beyond the term of his or her contract or to grant such person a property interest in employment beyond the term of his present contract.
The School Board realizes that questions will arise about the application of this Policy to a specific case. Consequently, interpretations of this Policy shall be made by the division superintendent when necessary. Any such interpretations shall be presumed valid until specifically ruled otherwise by the School Board.