ARTICLE V: CONDITIONS OF EMPLOYMENT – CLASSIFEID,
NON-LICENSED AND SUPPORT PERSONNEL
Table of Contents
5-5.2 Support Staff Probation
5-5.4 Support Staff
5-5.5 Bus Drivers
POLICY 5-5.1 CLASSIFIED LICENSED AND NON-LICENSED PERSONNEL: CONDITIONS OF EMPLOYMENT
All employees of the Hanover County School Board except the division superintendent, teachers, bus drivers, and temporary and part-time employees are considered classified licensed or non-licensed personnel. The employment of classified employees is governed by the Hanover County Public Schools Uniform Pay Plan. In addition to other requirements set forth in federal and state law and elsewhere in Hanover County School Board policies, the School Board shall consider the criteria listed in this Policy in selecting classified employees.
In order to establish equitable pay levels and operate an effective system of personnel administration, the office of human resources shall identify the duties, responsibilities, and qualifications for each classified employee position. Once this is accomplished, position classification becomes a basic tool of personnel management, specifically the placing of each classified employee position on the Uniform Pay Plan. The division superintendent, with the assistance of appropriate staff, is authorized to amend the Uniform Pay Plan, as is from time to time necessary, subject to approval of the School Board. The Plan consists of classes of positions having the title, duties and responsibilities, and qualifications described in the class specifications. Each job/position is then allocated to one class. Positions are placed in the same class if they are similar enough to have approximately the same level of duties and responsibilities, deserve the same salary level, require the same basic knowledge and skills, and may appropriately be called by the same title.
General positions are included on the Uniform Pay Plan when including them does not violate the integrity of individual positions.
Class Specifications Format
The Uniform Pay Plan shall include the following factors in determining classes of positions:
A brief descriptive name meant to be easily understood.
Indicates range of pay for position classification.
The definitive description of duties; defines position in relation to organization and supervisory responsibility.
Defines the minimum education, experience or other special knowledge needed to perform the duties of the position. Qualifications may or may not apply to the present incumbent and are suggested only as guides. Consideration should be given to reasonable equivalent combinations of education/experience in future hiring. Qualities such as honesty, integrity, loyalty, and patience usually refer to character or personality traits but are assumed, for all positions, as prerequisite qualifications.
Person to Whom Employee Reports
Indicates the person to whom the employee reports.
Indicates number of employees (if any) who are supervised by the employee.
Terms of Employment
Indicates 10, 10-1/2, 11 and 12-month employment.
A list of essential job functions expected to be performed by an employee in that position.
Uniform Pay Plan
The Uniform Pay Plan is a systematic means for assigning pay ranges to levels of skill, competence, and responsibility and is described on the Basic Annual Salary Schedule.
Assignment of a position to a level on the Plan reflects the complexity of the work, the level of education, background, or experience needed to perform the job satisfactorily, the responsibilities of the job (including supervision of other workers, contact with the public, etc., dangerous or unpleasant working conditions, and the competitive market for similar skills). Change in level for an employee means promotion within an occupation or substantial changes in occupation.
Ordinarily, a general pay increase is granted to an employee each year as long as the resulting pay is within the pay range for that position. If an employee is giving satisfactory performance and is "growing with his job," recognition may be made by also giving a merit increase as of July 1 of each year. Personnel who have worked four (4) months or longer may be eligible for the performance increase.
Conditions of Work
The division superintendent or his designee shall establish work schedules, provisions for absences and other conditions of work for classified employees in keeping with the School Board's policies.
LEGAL REFERENCE: Code of
Recodified: August 2000
POLICY 5-5.2 SUPPORT STAFF PROBATION
The probationary period for all support staff shall be 18 months.
REFERENCE: Code of
12-Month Employees (261 days)
Contracts for all twelve-month classified personnel, both licensed and non-licensed, shall run from July 1 of a given year to June 30 of the following year in accordance with state law and Virginia Board of Education regulations.
11-Month Employees (239 days)
Contracts for eleven-month classified personnel shall be made for 239 days, which shall include 215 workdays, 5 workdays at the discretion of the School Board, and paid holidays and vacations as designated on the annual school calendar.
10-1/2-Month Employees (228 days)
Contracts for ten and one-half-month classified personnel shall be made for 228 days which shall include 205 workdays, 5 workdays at the discretion of the School Board, and paid holidays and vacations as designated on the annual school calendar.
10-Month Employees (217 days)
Contracts for ten-month classified personnel shall be made for 217 days, which shall include 195 workdays, 5 workdays at the discretion of the School Board, and paid holidays and vacation as designated on the annual school calendar.
Contracts for all bus drivers shall be made for 182 days.
Contracts for teacher aides shall be made for 207 days.
Calculations of deductions and allowances for all classified personnel shall be made on the basis of actual days contracted.
LEGAL REFERENCE: Code of
Recodified: August 2000
POLICY 5-5.4 SUPPORT STAFF
Support staff personnel are those Hanover County School Board employees who are not required to hold a license issued by the Virginia Board of Education in order to obtain their positions. This category includes, but is not limited to, non-licensed administrative, clerical, maintenance, transportation, food services, and paraprofessional positions.
The School Board, upon the recommendation of the division superintendent, may employ instructional paraprofessionals to assist teachers with their duties. The teacher may assign supplemental instructional assignments to the paraprofessionals. All paraprofessionals shall hold a high school diploma or the equivalent thereof.
Instructional paraprofessionals shall be entitled to the same holidays and provide services during the same work hours as teachers. The qualifications, duties and responsibilities of instructional paraprofessionals shall be defined in job descriptions developed by the division superintendent and/or his designee. Federally funded aides are subject to federal guidelines.
Paraprofessionals under this classification shall be employed under the same conditions as are instructional paraprofessionals. They shall be assigned to assist in various departments and shall be made responsible to the person in charge of their assigned department.
Cafeteria employees shall be under the general direction of the division superintendent and/or his designee. Appointment of the cafeteria manager shall be by the School Board on the recommendation of the division superintendent.
Custodial and Maintenance Employees
Maintenance employees shall be under the control and general direction of the division superintendent and/or his designee. Custodial employees shall be under the control and general direction of the division superintendent and/or his designee and shall also be accountable to the principal of the school to which assigned.
Secretarial and Clerical Personnel
Recommendation for placement of secretarial and clerical positions on the classified pay scale will be made by the division superintendent or his designee, on the basis of years of experience, educational background, job description, and professional competence.
LEGAL REFERENCE: Code of
Recodified: August 2000
Hanover County School Board bus drivers shall be under the general direction of the division superintendent and/or his designee.
In addition to other requirements set forth in federal and state law and elsewhere in school board policies, applicants for regular and substitute bus driver positions must satisfy the requirements of the Code of Virginia, specifically § 22.1-178, and of this Policy.
Before receiving a contract to drive a school bus or before being assigned as a substitute bus driver, an applicant must fulfill the requirements for training set by the Virginia Department of Education and those set by the division superintendent in the accompanying regulations.
Substitute bus drivers shall meet all qualification requirements of regular bus drivers. A substitute driver shall receive a daily rate of pay for each day of employment commensurate to his own qualifications and experience. Substitute drivers shall be employed by and paid by the School Board and not by the regular driver needing the substitute.
Drug and Alcohol Testing for Bus Drivers
The school board shall implement a drug and alcohol testing program for school bus drivers and other employees who are required to hold a commercial driver’s license (CDL) by U.S. Department of Transportation Regulations and who perform safety-sensitive functions, as required by federal and state law and regulations.
Drivers shall be prohibited from: (1) alcohol possession and/or use on the job, (2) alcohol use during the four (4) hours before performing safety-sensitive functions, (3) having legally prohibited concentrations of alcohol in their systems while on duty or performing safety-sensitive functions, (4) exhibiting behavior or appearances characteristic of alcohol misuse, and (5) use during eight (8) hours following an accident or until after the driver undergoes a post-accident alcohol test, whichever occurs first.
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substances except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect his ability to safely operate a motor vehicle.
Drivers shall be subject to pre-employment/pre-duty drug testing, reasonable suspicion alcohol and drug testing, random alcohol and drug testing, post-accident alcohol and drug testing, return-to-duty and follow-up alcohol and drug testing pursuant to procedures provided in federal and state law. Any employee who refuses to submit to a post-accident, random, reasonable suspicion or follow-up test shall not perform or continue to perform safety-sensitive functions.
Each driver shall receive educational materials that explain the legal requirements of drug testing together with a copy of the School Board’s policy and procedures for meeting these requirements. Each driver shall sign a statement certifying that he has received a copy of the above materials and the office of human resources shall maintain this signed copy.
Consequences if Testing Indicates Drug or Alcohol Misuse
If the testing of any employee confirms prohibited alcohol concentration levels or the presence of a controlled substance, the employee shall be removed immediately from safety-sensitive functions. All such employees shall be advised of available substance abuse treatment resources. Before a driver is reinstated, if at all, the driver shall undergo an evaluation by a substance abuse professional, comply with any required rehabilitation and undergo a return-to-duty test with negative urine sample.
The school division shall maintain records in compliance with federal regulations in a secure location with controlled access. With the driver’s consent, the school division may obtain any of the information concerning drug and alcohol testing from the driver's previous employer. A driver shall be entitled upon written request to obtain copies of any records pertaining to the driver’s use of alcohol or controlled substances including information pertaining to alcohol or drug tests.
The office of human resources shall make drug testing records available to subsequent employers upon receipt of a written request from an employee only as expressly authorized by the terms of the driver’s request.
The school division shall administer controlled substance tests in accordance with federal laws governing test procedures and testing sites. The school division shall take steps to insure proper training and testing procedures are provided.
LEGAL REFERENCE: Code of
Recodified: August 2000
Amended: July 16, 2003
REGULATION 5-5.5 ALCOHOL/DRUG TESTING: BUS DRIVERS/OTHERS
The Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of safety-sensitive transit industries. The Department of Transportation (DOT) published rules mandating alcohol misuse and anti-drug prevention programs in February 1994.
Applicants and employees who must be tested are those who are required to have a Commercial Driver's License (CDL) to perform their jobs and include: transportation supervisor, drivers of school and activity buses, substitute bus drivers and such other employees assigned safety-sensitive functions as recommended by the division superintendent and approved by the School Board.
Commercial Motor Vehicle (CMV)
A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle (l) has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross weight rating of more than 10,000 pounds; or (2) has a gross vehicle weight rating of 26,001 or more pounds; or (3) is designed to transport 16 or more passengers, including the driver; or (4) is of any size and is used in the transportation of hazardous materials requiring placards. This includes all school buses and qualifying vehicles in other departments.
For alcohol, a confirmation test is a second alcohol test following a screening test, that provides quantitative data of alcohol concentration. For controlled substances, confirmation testing means a second analytical procedure to identify the presence of a specific drug or metabolite. Confirmatory drug testing is independent of the screen test and uses a different technique and chemical principle in order to ensure reliability and accuracy.
A driver is any person who operates a commercial motor vehicle requiring a commercial driver’s license (CDL) or is in a position which requires a CDL as an eligibility criterion because the person must drive or be on call and ready to drive if necessary. This includes, but is not limited to, full-time, part-time, and temporary personnel. In every position requiring a CDL, the employee is either driving or in a state of readiness on call if required to drive. Drivers are subject to drug and alcohol testing under both federal laws and the School Board's policy.
Medical Review Officer (MRO)
A MRO is a licensed physician responsible for receiving laboratory results generated by an employer's drug testing program. The MRO is a physician who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result.
An employee is performing a safety-sensitive function whenever he is engaged in driving a commercial motor vehicle (CDL required) or working in any employment capacity that could affect the safe operation of the vehicle and the safety and welfare of others. This includes any period in which the employee is actually performing, ready to perform, or immediately available to perform any safety-sensitive functions.
A screening test in alcohol testing is an analytical procedure that determines whether an individual has a prohibited concentration of alcohol in his system. In controlled substance testing, a screening test is a testing of urine specimens that eliminates "negative" specimens from further testing.
Split Sample Testing
The 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.
In accordance with the Omnibus Transportation Employee Testing Act of 1991, a driver shall not report or remain on duty or perform a safety-sensitive function:
1. Having a blood alcohol level (BAL) of 0.04 or greater.
2. Using alcohol when performing a safety-sensitive function.
3. Reporting for duty or remaining on duty to perform safety-sensitive functions within 24 hours of having a blood alcohol concentration (BAC) of 0.02 or greater but less than 0.04.
4. Being on duty or operating a CMV while the driver possesses alcohol.
5. Reporting for duty to perform a safety-sensitive function within four (4) hours of using any alcohol.
6. Using alcohol within eight (8) hours following an accident or prior to undergoing a post-accident alcohol test, whichever comes first.
7. Leaving the scene of an accident before tests are conducted except as necessary to obtain medical attention or assistance in responding to the accident.
8. Refusing to submit to an alcohol or controlled substance test required by post-accident, random, reasonable suspicion or follow-up testing requirements.
9. Reporting for duty or remaining on duty, requiring the performance of safety-sensitive functions, when the driver uses any controlled substance, except when instructed by a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a CMV.
10. Reporting for duty or remaining on duty for performing a safety-sensitive function if the driver tests positive for controlled substances.
Reporting for Duty - No driver shall report for duty or remain on duty while having detectable amounts of alcohol of 0.02 breath alcohol concentration (BAC) or higher in his system. The School Board will test for alcohol using an evidential breath-testing device (EBT) approved by the National Highway Traffic Safety Administration (NHTSA). Any supervisor who has actual knowledge that an employee has violated this regulation and permits the employee to work will be in violation of this regulation.
Testing Procedure - Upon entering the test location, the employee will be asked to provide positive identification with photograph (example--driver's license) to the breath alcohol technician (BAT). The employee and the BAT will complete the Breath Testing Form distributed at the test site and follow required testing procedures. Providing incomplete information, engaging in conduct that obstructs the testing process or failing to sign the required certification may be regarded as a refusal to take the alcohol test and may constitute just cause for dismissal from employment. At the completion of the screening test, the results will be shown to the employee. If the result of the screening test shows evidence of detectable alcohol concentration, a confirmation test will be performed within specified time limits. If detectable amounts of alcohol of 0.02 BAC or higher are verified in the confirmation test, the employee will be in violation of this regulation. An individual with a verified positive confirmation test may not leave the test site without approval from the attending physician or designee.
If a screening or confirmation test cannot be completed, or an event occurs that would invalidate the test, the BAT will conduct a new screening or confirmation test, as applicable. In the event that an employee attempts and fails to provide an adequate amount of breath, the employee will be subject to disciplinary action. At the conclusion of the testing, copies of the Breath Alcohol Test form will be retained by the testing location, provided to the employee, and transmitted in a confidential manner to the assistant superintendent of human resources.
Reporting for Duty
No employees shall report for duty or remain on duty having used controlled substances except when the use is authorized as prescribed medicine by an attending licensed physician who has advised the employee that the substance does not adversely affect the employee's work performance. Any supervisor who has actual knowledge that an employee has used an illegal drug and permits the employee to work will be in violation of this regulation.
An employee's urine test is considered positive when the initial screen test and a confirmation test provide evidence of one or more of the substances prohibited by federal and state law, including but not limited to: cocaine, marijuana, opiates, amphetamines and phencyclidine.
Drivers of commercial motor vehicles taking over-the-counter or prescribed medications shall be responsible for knowing the effects or influence of such prescription or over-the-counter drugs that could impair their ability to perform their duties safely. They shall not work when under prescribed or over-the-counter medication that might impair their ability to perform their duties safely.
For controlled substances testing, employees report to a specified test location where a urine sample is collected and subject to the split sampling testing procedure. If the employee is unable to provide the specified quantity of urine, the employee will be instructed to drink not more than 24 ounces of fluid and wait up to two hours to provide another sample. If a complete sample still cannot be provided, the Medical Review Officer (MRO) will refer the employee for a medical evaluation to determine if the inability to provide a specimen is genuine or constitutes a refusal to test and then report the finding in writing to the assistant superintendent of human resources.
Strict chain of custody procedures will be followed as the samples are forwarded to the laboratory. If the primary specimen is a verified positive, the MRO will notify the employee who can request that a split specimen be tested at the employee's expense at a different department of health and human services' certified laboratory. The employee must make the request within 72 hours of notification by the MRO.
If the employee does not contact the MRO within 72 hours as required, the employee may present information to the MRO documenting a legitimate explanation for the employee's failure to contact the MRO within 72 hours. The MRO may determine to honor the employees' request to test the split specimen. The MRO's decision to permit further testing is final. Test results shall be confidential and will be reported to the employee, the assistant superintendent of human resources, and upon request, to the U.S. Department of Transportation in the case of drivers of commercial motor vehicles.
Testing shall be conducted by persons designated by the School Board. In general, the School Board shall pay the cost of required drug and alcohol testing, including screening and confirmation tests for alcohol and primary specimen tests for drugs. The School Board shall not pay if the employee's initial testing indicates the need for further examinations or consultation on a problem other than drug or alcohol use. In such case, the employee shall pay the cost of the additional tests or examinations.
Pursuant to federal law and its own authority, the School Board shall test drivers under the following circumstances:
1. Preemployment/Preduty - Prior to the first time a driver operates a commercial motor vehicle, the driver shall be tested for alcohol and controlled substances and must be found to be in compliance with this regulation.
Applicants offered positions requiring CDLs must give written consent to permit the School Board to contact all previous employers over the past two years to be certain that the applicant's work history was free of substance abuse, alcohol use, positive drug and alcohol test results, and test refusals. Furthermore, applicants offered positions must provide written consent for post accident testing and release of test(s) results to the School Board. Refusal of this consent will constitute a violation of the regulation.
2. Post Accident - A driver of a commercial motor vehicle who, while on duty, is involved in an accident must be tested for alcohol and controlled substances and found to be in compliance with this regulation. Post-accident testing will be required if: (a) there is a fatality; (b) one or more persons requires medical treatment away from the accident scene; (c) one of the vehicles must be towed from the scene; and/or (d) the driver receives a citation arising from the accident. Every reasonable effort will be made to administer alcohol tests within two (2) hours of the accident. If a test has not been performed within eight (8) hours following the accident, the efforts to test will stop. Controlled substance testing will stop if not performed within 32 hours following the accident. Supervisors are responsible to provide written documentation to include the amount of time taken between the accident and testing and the reason for the delay any time alcohol/controlled substance testing is not performed within 32 hours.
A driver who is subject to post-accident testing shall remain readily available at the accident scene for testing following the accident until he undergoes testing or he will be deemed to have refused to submit to testing. The only exception to this requirement applies when the driver leaves temporarily to obtain assistance in responding to the accident or to obtain necessary medical care. Without supervisor approval, an employee may not ingest food or drink during the period prior to testing.
Testing conducted by federal, state, or local officials at the scene of the accident having independent authority to conduct tests for alcohol and controlled substances shall meet the requirement for post-accident testing. Employees will be required to consent to testing by such officials and to release the results of such tests to the School Board.
3. Random - Controlled Substances - Alcohol and controlled substances tests shall be conducted periodically on an unannounced basis throughout the calendar year. Employees shall be randomly identified using a scientifically validated method and notified to report for testing during the work year. Under this selection process, each driver shall have an equal chance of being tested each time selections are made. Employees identified to be tested shall report directly and immediately to the test site when notified by their supervisor. Otherwise, refusal to or delay in reporting immediately and directly to the test site shall be considered a refusal to test and shall be grounds for dismissal. Drivers shall be tested just before, during, or just after performing safety-sensitive duties.
4. Random - Alcohol - For random alcohol testing, the minimum annual percentage rate of employees tested shall be 25 percent of all the commercial motor vehicle drivers. This percent may increase or decrease in any given year depending on the violation rate as determined annually for each industry by the Federal Highway Administration (FHWA) in accordance with DOT guidelines.
For random drug testing, the minimum annual percentage rate shall be 50 percent of all the commercial motor vehicle drivers. If a driver is off work due to illness, vacation, leave of absence, layoff, injury, or for any other reason for more than 30 calendar days, his name will be removed from the random pool, and prior to returning to driving, the pre-duty testing provisions of this regulation shall apply.
Disposition Alcohol Testing
If the confirmation test shows an alcohol concentration of 0.02 or greater but less than 0.04:
1. For job applicants the hiring process will terminate;
2. Employees shall not perform safety-sensitive functions until the next scheduled duty period (24 hours), or a retest shows the alcohol concentration has fallen below 0.02.
If the confirmation test shows an alcohol concentration of 0.04 or greater:
1. For job applicants the hiring process will terminate;
2. Employees shall not perform a safety-sensitive function until evaluated by the medical review officer (MRO), treated (if required) by a substance abuse professional (SAP), and retested with an alcohol concentration result below 0.02. Failure to achieve the below 0.02 concentration will result in termination of employment in the safety-sensitive position. Work days lost must be taken as sick leave (if available) and leave without pay.
Disposition Drug Testing
If the MRO reports a positive result from the primary specimen: (1) the hiring process will terminate for job applicants; and (2)employees must be removed from safety-sensitive duty. Within 72 hours after being notified of a positive test by the MRO, the employee may request the split specimen be sent to another DHHS certified laboratory for analysis. Until such time as the MRO reports the results of the split specimen testing the employee will be assigned other than safety-sensitive duties, required to take sick leave (if available) or placed on leave without pay at his supervisor's discretion. If no such request for a confirmation test is made, employment shall be terminated.
If the MRO reports a positive test of the split specimen, employment shall be terminated.
Notification and Training
Every employee assigned to a safety sensitive position is expected to be aware of the alcohol and drug testing regulation and its requirements and to abide by the requirements. Program managers have the responsibility to ensure that all such employees are made aware of this regulation. In addition, program managers should schedule a meeting with their respective staffs on an annual basis to review the provisions and requirements of this regulation. All employees in positions requiring a CDL will be provided a copy of this regulation and shall sign a statement certifying receipt of such which will be maintained in the employee's personnel file.
Supervisors of employees in positions requiring a CDL who are responsible for determining if reasonable suspicion exists will undergo two (2) one-hour training sessions, one each on substance abuse and on alcohol misuse. Training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances.
Policy or Procedural Inquiries
Questions related to this regulation should be directed to the office of human resources.
The Hanover County School Board encourages inservice training programs designed to improve the capabilities of classified employees. Specific objectives of such programs include:
1. Increasing competence of new employees through appropriate orientation program objectives of the schools, the administrative organization, and the specific duties of the employees;
2. Attaining and maintaining efficient employee performance in current assignments;
3. Developing required ability and skills to utilize new methods, material, and equipment;
4. Broadening employee skills and knowledge and assisting and preparing employees for higher level duties in accordance with needs of the schools' operation;
5. Minimizing accidents, injuries, losses from errors, spoilage and waste, and decreasing employee turnover; and
6. Increasing management competence at all levels.
Recodified: August 2000
POLICY 5-5.7 CLASSIFIED PERSONNEL: EVALUATION
The division superintendent shall oversee an evaluation program developed with and for Hanover County School Board classified personnel. The primary purposes of this program shall be to assist the employee in improving his job performance and to serve as a basis for merit salary increases.
Evaluation of classified employees shall be a cooperative and continuing process with formal appraisal periodically. The results of the evaluation shall be in writing, dated and signed by the evaluator and the person being evaluated, with one copy going to the central office personnel file and one copy to the employee.
The organizational purposes of evaluation and assistance are:
1. To raise the quality of instruction and
educational service to the children of the
2. To raise the standards of the school division as a whole; and
3. To aid the individual employee to grow and improve professionally.
LEGAL REFERENCE: Code of
Recodified: August 2000
POLICY 5-5.8 CLASSIFIED PERSONNEL: RESIGNATION
Classified employees requesting release from their positions shall give their immediate supervisor notice of their desire to be released at least two (2) weeks in advance of their desired separation date. Failure to comply with this Policy may result in the recommendation that the employee be ineligible for reemployment at a future date. Employees who terminate their employment without the approval of the School Board shall be paid only for the days of actual employment.
REFERENCE: Code of
Recodified: August 2000