Section G: Personnel

Legal References

• 29 U.S.C. § 201 et seq.
• 29 C.F.R § 516.1 et seq.
• Code of Virginia, 1950, as amended, §§ 22.1-253.13.2, 22.1-253.13.3, 22.1-291.1, 40.1-29.2 et seq.

Cross References

• ID/ID: School Year/School Day
• GCBS: Staff Leaves and Absences

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GAB/IIBEA: Acceptable Computer/Network System Usage

1. any teacher or other person employed there who has reason to suspect that a child is an abused or neglected child, including any child who may be abandoned, is required to report such suspected cases of child abuse or neglect to local or state social services agencies or the person in charge of the relevant school or his designee; and
2. all persons required to report cases of suspected child abuse or neglect are immune from civil or criminal liability or administrative penalty or sanction on account of such reports unless such person has acted in bad faith or with malicious purpose. The notice shall also include the Virginia Department of Social Services' toll-free child abuse and neglect hotline.

Complaints of Abuse and Neglect

Legal References

• Code of Virginia, 1950, as amended, §§22.1-253.13:7, 22.1-291.3, 63.2-1509, 63.2-1511.

Cross References

• EFB: Food Services
• JFHA/GBA: Prohibition Against Harassment and Retaliation
• GA: Personnel Policies Goal
• GBLA: Third Party Complaints Against Employees

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GAH: SCHOOL EMPLOYEE CONFLICT OF INTERESTS

A. Purpose

The State and Local Government Conflict of Interests Act (the Act), applies to public school employees and officials. The Act creates uniform standards of conduct for all public employees and officials. The Act also defines and prohibits inappropriate conflicts of interest and requires disclosure of economic interests in some circumstances. The purpose of this policy is to provide an introduction to the Act for employees. Additional information regarding the Act may be obtained from Policy BBFA Conflict of Interests and Disclosure of Economic Interests and from the Virginia Conflict of Interest and Ethics Advisory Council (the Ethics Council) which assists with compliance with the Act.

B. Compliance

School board employees are required to read and be familiar with the Act. The superintendent provides employees with information regarding how to access the Act and how to contact the Ethics Council. The website with additional information regarding the Virginia Conflict of Interest and Ethics Advisory Council is ethics.dls.virginia.gov. The Act’s provisions are complex and their application is fact-specific. A violation of the Act could result in civil or criminal penalties. Therefore, if an employee has any question whether an interest the employee has in a contract or transaction involving the school division is prohibited under the Act, the employee should contact the superintendent’s office or the Ethics Council for assistance.

C. Areas of Regulation

The Act prohibits school employees from having a “personal interest,” as that term is defined by the Act, in certain contracts and transactions that involve the division and from engaging in other specified conduct related to the schools. The prohibited personal interest also may be that of the school employee’s immediate family (a spouse or any other person who resides in the same household as the employee and who is a dependent of the employee).

Under the Act, an employee may be considered to have a prohibited conflict arising from:

• a personal interest in a contract;
• a personal interest in a transaction;
• business opportunities tied to official acts;
• misuse of confidential information; or
• receipt or solicitation of certain gifts.

Examples of prohibited conduct include:

• soliciting or accepting money or other thing of value for services performed within the scope of the employee’s official duties, except for the employee’s compensation, expenses or other remuneration paid by the division;
• using for the employee’s own economic benefit or that of another party, confidential information that the employee has acquired by reason of the employee’s public position and which is not available to the public;
• accepting any money, loan, gift, favor, service or business or professional opportunity that reasonably tends to influence the employee in the performance of the employee’s official duties;
• accepting any business or professional opportunity when the employee knows that there is a reasonable likelihood that the opportunity is being afforded to influence the employee in the performance of the employee’s official duties;
• entering into contracts with the school division under certain circumstances;
• accepting a gift from a person who has interests that may be substantially affected by the performance of the employee’s official duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the employee’s impartiality in the matter affecting the donor; and
• accepting gifts from sources on a basis so frequent as to raise an appearance of the use of the employee’s position for private gain.

D. Advisory Opinions

Employees may seek written opinions regarding application of the Act from the local Commonwealth’s Attorney, the local Smyth County attorney or the Ethics Council. Good faith reliance on a written opinion of the Commonwealth’s Attorney or the Ethics Council bars prosecution for a knowing violation of the Act provided the opinion was made after a full disclosure of the facts. An opinion of the local Smyth County attorney may be introduced at trial as evidence that the employee did not knowingly violate the Act.

Adopted: July 10, 2017

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3101, 2.2-3102, 2.2-3103, 2.2-3103.2, 2.2-3104.4, 2.2-3109, 2.2-3110, 2.2-3112, 2.2-3119, 2.2-3120 and 2.2-3124.

Cross References

• BBFA Conflict of Interests and Disclosure Requirements
• CBCA Disclosure Statement Required of Superintendent
• DJG Vendor Relations
• GCCB Employment of Family Members
• GCQA Nonschool Employment by Staff Members
• KGA Sales and Solicitations in Schools
• KJ Advertising in the Schools

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GB: EQUAL EMPLOYMENT OPPORTUNITY/NONDISCRIMINATION

I. Policy Statement

The Smyth County School Board is an equal opportunity employer, committed to non-discrimination in recruitment, selection, hiring, pay, promotion, retention or other personnel actions affecting employees or candidates for employment. Therefore, discrimination in employment against any person on the basis of race, color, creed,
religion, national origin, political affiliation, sex, sexual orientation, gender, gender identity, age, pregnancy, childbirth or related medical conditions, marital status, military status, genetic information or disability is prohibited. Personnel decisions are based on merit and the ability to perform the essential functions of the job, with or without reasonable accommodation.

The statement, "Smyth County School Board is an equal opportunity employer," is placed on all employment application forms.

II. Notice of Policy/Prevention

This policy is: (1) posted in prominent areas of each school division building, (2) included in employee handbooks and (3) provided to any employee or candidate for employment upon request. Training to prevent prohibited discrimination is included in employee in-service training.

III. Complaint Procedure

A. File Report

Any person who believes he has not received equal employment opportunities should report the alleged discrimination to one of the compliance officers designated in this policy. The alleged discrimination should be reported as soon as possible, and the report generally should be made within fifteen (15) school days of the occurrence. Any employee who has knowledge of conduct which may constitute prohibited discrimination shall report such conduct without unreasonable delay to one of the compliance officers designated in this policy.

The reporting party should use the form, Report of Discrimination GB-F, to make complaints of discrimination. However, oral reports and other written reports will also be accepted. The complaint must be filed with one of the compliance officers designated in this policy. Any complaint that involves the compliance officer shall be reported to the superintendent.

The complaint and the identity of the complainant and the person or persons allegedly responsible for the discrimination will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. A complainant who wishes to remain anonymous will be advised that anonymity may limit the school division's ability to fully respond to the complaint.

B. Investigation

Upon receipt of a report of alleged discrimination, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable, which generally should be not later than 14 school days after receipt of the report by the compliance officer. Upon receiving the complaint, the compliance officer will acknowledge receipt of the complaint by giving written notice that the complaint has been received to both the complainant and the Superintendent. If the compliance officer determines that more than 14 school days will be required to investigate the complaint, the complainant and the Superintendent will be notified of the reason for the extended investigation and the date by which the investigation will be concluded.

The investigation may consist of personal interviews with the complainant, the person(s) alleged to have violated the policy and any others who may have knowledge of the alleged discrimination or the circumstances giving rise to the complaint. The investigation will consider witnesses and evidence from both the complainant and the person(s) responsible for the alleged discrimination. The investigation may also include the inspection of any documents or information deemed relevant by the investigator. The school division shall take necessary steps to protect the complainant and others pending the investigation.

Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed by a complete and thorough investigation.

The compliance officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint alleges the superintendent has violated this policy, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

All employees shall cooperate with any investigation of alleged discrimination conducted under this policy or by an appropriate state or federal agency.

C. Action by Superintendent

Within 5 school days of receiving the compliance officer's report, the superintendent or superintendent's designee shall issue a written decision regarding (1) whether this policy was violated and (2) what action, if any, should be taken.

If the complaint alleges that the superintendent has violated this policy, the School Board's standing Equal Employment Opportunity/Nondiscrimination Committee shall make the decision and determine what action should be taken. If the School Board does not have such a standing committee, at its next scheduled meeting it shall appoint a committee consisting of three of its members to handle the matter. The committee shall issue a written decision within 14 calendar days of the time the School Board receives the compliance officer's report or the time a committee is appointed, if there is no standing committee. The written decision shall (1) state whether this policy was violated and (2) recommend what action, if any, should be taken.

The written decision must be mailed to or personally delivered to the complainant within five calendar days of the issuance of the decision. If the superintendent, superintendent's designee, or committee concludes that prohibited discrimination occurred, the Smyth County School Division shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence. Such action may include discipline up to and including dismissal.

D. Appeal

Employees may choose to pursue their complaints arising under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

E. Compliance Officer and Alternate Compliance Officer

The Smyth County School Board has designated:

Cole Spencer
Director of Human Resources
121 Bagley Circle Suite 300
Marion, VA 24354
(276) 783-3791

as the Compliance Officer responsible for identifying, investigating, preventing and remedying prohibited discrimination. Complaints of discrimination may also be made to the Alternate Compliance Officer:

Kim Sturgill
Director of Pupil Personnel
121 Bagley Circle Suite 300
Marion, VA 24354
(276) 783-3791

The Compliance Officer:

• receives reports or complaints of discrimination;
• conducts or oversees the investigation of any alleged discrimination;
• assesses the training needs of the school division in connection with this policy;
• arranges necessary training to achieve compliance with this policy;
• ensure that any discrimination investigation is conducted by an impartial investigator who is trained in the requirements of equal employment opportunity, and has the authority to protect the alleged victim and others during the investigation.

All employees shall be notified annually of the names and contact information of the compliance officers.

IV. Retaliation

Retaliation against employees who report discrimination or participate in the related proceedings is prohibited. The school division shall take appropriate action against any employee who retaliates against another employee or candidate for employment who reports alleged discrimination or participates in related proceedings. The compliance officer informs persons who make a complaint, who are the subject of complaints, and who participate in investigations of how to report any subsequent problems.

V. Right to Alternative Complaint Procedure

Nothing in this policy denies the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited discrimination including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

VI. Prevention and Notice of Policy

Training to prevent discrimination is included in employee orientations and in-service trainings.

This policy is (1) displayed in prominent areas of each school division building in a location accessible to school personnel, and (2) included in employee handbooks. All employees are notified annually of the names and contact information of the compliance officers.

VII. False Charges

Employees who knowingly make false charges of discrimination shall be subject to disciplinary action.

Legal References

• 20 U.S.C. § 1681 et seq.
• 29 U.S.C. § 701.
• 42 U.S.C. §§ 6101 et seq., 2000e-2 et seq., 2000ff-1(a) and 12101 et seq.
• Code of Virginia, 1950 as amended, §§ 2.2-3900, 2.2-3901, 2.2-3902, 2.2-3905.1, 22.1-23.3, 22.1-
  295.2, 22.1-306.

Cross References

• AC Nondiscrimination
• AD Educational Philosophy
• BCE School Board Committees
• GB-F Report of Discrimination
• GBA/JFHA Prohibition Against Harassment and Retaliation
• GBM Professional Staff Grievances
• GBMA Support Staff Grievances
• GCPD Professional Staff Discipline
• JB Equal Educational Opportunities/Nondiscrimination
• KKA Service Animals in Public Schools

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GBA/JFHA: PROHIBITION AGAINST HARASSMENT AND RETALIATION

I. Policy Statement

The Smyth County School Board is committed to maintaining an educational environment and workplace that is free from harassment. In accordance with law, the Board prohibits harassment against students, employees, or others on the basis of sex, sexual orientation, gender, gender identity, race, color, national origin, disability, religion, age, marital status, pregnancy, childbirth or related medical conditions, military status, genetic information or any other characteristic protected by law or based on a belief that such characteristic exists, hereinafter referred to as protected group status, at school or any school-sponsored activity.

It is a violation of this policy for any student or school personnel to harass a student or school personnel protected group status at school or any school sponsored activity. Further, it is a violation of this policy for any school personnel to tolerate harassment based on a student's or employee's protected group status at school or any school-sponsored activity, by students, school personnel or third parties participating in, observing or otherwise engaged in school sponsored activities.

For the purpose of this policy, school personnel includes school board members, school employees, agents, volunteers, contractors or other persons subject to the supervision and control of the School Division.

The school division

• promptly investigates all complaints, written or verbal, of harassment based on protected group status at school or any school-sponsored activity;
• promptly takes appropriate action to stop any harassment;
• takes appropriate action against any student or school personnel who violates this policy; and
• takes any other action reasonably calculated to end and prevent further harassment of school personnel or students.

II. Definitions

PROHIBITED CONDUCT

A. Harassment Based on Sex

Harassment based on sex consists of unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication, which may include use of cell phones or the Internet, of a sexual nature when:

1. submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining or retaining employment or education; or
2. submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting that individual's employment or education; or
3. that conduct or communication substantially or unreasonably interferes with an individual's employment or education, or creates an intimidating, hostile or offensive employment or educational environment (i.e. the conduct is sufficiently serious to limit a student's or employee's ability to participate in or benefit from the educational program or work environment).

Examples of conduct which may constitute harassment based on sex if it meets the immediately preceding definition include:

• unwelcome sexual physical contact;
• unwelcome ongoing or repeated sexual flirtation or propositions, or remarks;
• sexual slurs, leering, epithets, threats, verbal abuse, derogatory comments or sexually degrading descriptions;
• graphic comments about an individual's body;
• sexual jokes, notes, stories, drawings, gestures or pictures;
• spreading sexual rumors;
• touching an individual's body or clothes in a sexual way;
• displaying sexual objects, pictures, cartoons or posters;
• impeding or blocking movement in a sexually intimidating manner;
• sexual violence
• display of written materials, pictures, or electronic images;
• unwelcome acts of verbal, nonverbal, written, graphic, or physical conduct based on sex or sex stereotyping.

• an employee of the School Board conditioning the provision of an aid, benefit, or service of the School Board on an individual’s participation in unwelcome sexual conduct;
• unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the School Board’s education program or activity; or
•  “sexual assault” as defined in 20 U.S.C. § 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. § 12291(a)(10), “domestic violence” as defined in 34 U.S.C. § 12291(a)(8), or “stalking” as defined in 34 U.S.C. §
  12291(a)(30).

B. Harassment Based on Race, National Origin, Disability or Religion

Harassment based on race, national origin, disability or religion consists of physical or verbal conduct, which may include use of cell phones or the Internet, relating to an individual's race, national origin, disability or religion when the conduct:

1. creates an intimidating, hostile or offensive working or educational environment; or
2. substantially or unreasonably interferes with an individual's work or education; or
3. otherwise is sufficiently serious to limit an individual's employment opportunities or to limit a student's ability to participate in or benefit from the education program.

Examples of conduct which may constitute harassment based on race, national origin, disability or religion if it meets the immediately preceding definition include:

• graffiti containing racially offensive language;
• name calling, jokes or rumors;
• physical acts of aggression against a person or his property because of that person's race, national origin, disability or religion;
• hostile acts which are based on another's race, national origin, religion or disability;
• written or graphic material which is posted or circulated and which intimidates or threatens individuals based on their race, national origin, disability or religion.

C. Additional Prohibited Behavior

Behavior that is not unlawful may nevertheless be unacceptable for the educational environment or the workplace and subject to corrective action. Such unacceptable behaviors include demeaning or otherwise harmful actions, particularly if directed at personal characteristics including socioeconomic level regardless of whether the personal characteristics protected by law.

“Title IX” means 20 U.S.C. §§ 1681-1688 and the implementing regulations.

“Title IX Coordinator” means the person designated by the School Board to coordinate its efforts to comply with its responsibilities under this policy and Title IX. The Title IX Coordinator may be contacted at [email protected]

III. Complaint Procedures

1. Report

Any student or school personnel who believes he or she has been the victim of harassment prohibited by law or by this policy at school or any school-sponsored activity by a student, school personnel or a third party should report the alleged harassment to the Title IX Coordinator or to any school personnel. The alleged harassment should be reported as soon as possible, and the report generally should be made within fifteen (15) school days of the occurrence. Further, any student who has knowledge of conduct which may constitute prohibited harassment should report such conduct to the Title IX Coordinator or to any school personnel. Any school personnel who has knowledge that a student or other school personnel may have been a victim of prohibited harassment shall immediately report the alleged harassment to the Title IX Coordinator. Any complaint that involves the Title IX Coordinator should be reported to the superintendent. 

The reporting party should use the form, Report of Harassment, GBA-F or JFHA-F, to make complaints of harassment. However, oral reports and other written reports are also accepted. 

The complaint, and identity of the person allegedly harassed and alleged harasser, will be disclosed only to the extent necessary to fully investigate the complaint and only when such disclosure is required or permitted by law. Additionally, a person allegedly harassed who wishes to remain anonymous shall be advised that such confidentiality may limit the School Division's ability to fully respond to the complaint.

After receiving a complaint, the Title IX Coordinator makes an initial determination whether the allegations may be sexual harassment prohibited by Title IX. If they may be, the Title IX Grievance Process below is followed. If they cannot be sexual harassment prohibited by Title IX, then the complaint is referred to the Compliance Officer who follows the procedures below.

The Title IX Coordinator also determines whether the alleged harassment may also constitute criminal conduct and ensures that law enforcement officials are notified if necessary.

If the alleged harassment may also constitute child abuse, then it must be reported to the Department of Social Services in accordance with Policy GAE Child Abuse and Neglect Reporting.

2. Investigation by Compliance Officer 

• • receives complaints of harassment referred by the Title IX Coordinator;
  • conducts or oversees the investigation of any alleged harassment referred by the Title IX Coordinator;
  • assesses the training needs of the school division in connection with complaints referred by the Title IX Coordinator;
  • arranges necessary training; and
  • ensures that any harassment investigation is conducted by an impartial investigator who is trained in the requirements of equal employment/education opportunity and has the authority to protect the alleged victim and others during the investigation.

Upon receiving a referral of a complaint of alleged prohibited harassment from the Title IX Coordinator, the compliance officer shall immediately authorize or undertake an investigation. The investigation may be conducted by school personnel or a third party designated by the school division. The investigation shall be completed as soon as practicable, which generally should not be later than 14 school days after referral of the complaint to the compliance officer. Upon receiving the complaint, the compliance officer shall acknowledge receipt of the complaint by giving written notice that the complaint has been received to both the person complaining of harassment and the person accused of harassment. Also upon receiving the complaint, the compliance officer shall determine whether interim measures should be taken pending the outcome of the investigation. Such interim measures may include, but are not limited to, separating the alleged harasser and the person allegedly harassed. If the compliance officer determines that more than 14 school days will be required to investigate the complaint, the person allegedly
harassed and the alleged harasser shall be notified of the reason for the extended investigation and of the date by which the investigation will be concluded.

The investigation may consist of personal interviews with the person allegedly harassed, the alleged harasser, and any others who may have knowledge of the alleged harassment or the circumstances giving rise to the complaint. The investigation will consider any witnesses and evidence from both the alleged harasser and the person allegedly harassed. The investigation may also consist of the inspection of any other documents or information deemed relevant by the investigator. The school division shall take necessary steps to protect the complainant and others pending the completion of the investigation.

In determining whether alleged conduct constitutes a violation of this policy, the division shall consider, at a minimum: (1) the surrounding circumstances; (2) the nature of the behavior; (3) past incidents or past or continuing patterns of behavior; (4) the relationship between the parties; (5) how often the conduct occurred; (6) the identity of the alleged perpetrator in relation to the alleged victim (i.e. whether the alleged perpetrator was in a position of power over the alleged victim); (7) the location of the alleged harassment; (8) the ages of the parties and (9) the context in which the alleged incidents occurred. Whether a particular action or incident constitutes a violation of this policy requires a case by case determination based on all of the facts and circumstances revealed after a complete and thorough investigation.

The compliance officer shall issue a written report to the superintendent upon completion of the investigation. If the complaint involves the superintendent, then the report shall be sent to the School Board. The report shall include a determination of whether the allegations are substantiated, whether this policy was violated and recommendations for corrective action, if any.

All employees shall cooperate with any investigation of alleged harassment conducted under this policy or by an appropriate state or federal agency.

3. Action by Superintendent

Within five (5) school days of receiving the compliance officer's report, the superintendent or superintendent's designee shall issue a decision regarding whether this policy was violated. This decision must be provided in writing to the person allegedly harassed and the alleged harasser. If the superintendent or superintendent's designee determines that it is more likely than not that prohibited harassment occurred, Smyth County Public Schools shall take prompt, appropriate action to address and remedy the violation as well as prevent any recurrence. Such action may include discipline up to and including expulsion or discharge. Whether or not the superintendent or superintendent's designee determines that prohibited harassment occurred, the superintendent or superintendent's designee may determine that school-wide or division-wide training be conducted or that the person allegedly harassed receive counseling.

4. Appeal

If the superintendent or superintendent's designee determines that no prohibited harassment occurred, the employee or student who was allegedly subjected to harassment may appeal this finding to the School Board within five (5) school days of receiving the decision. Notice of appeal must be filed with the superintendent who shall forward the record to the School Board. The School Board shall make a decision within 30 calendar days of receiving the record. The School Board may ask for oral or written argument from the aggrieved party, the superintendent and any other individual the School Board deems relevant. Written notice of the School Board's decision will be given to both the alleged harasser and the person allegedly harassed, except to the extent limited by other applicable laws.

If the superintendent or superintendent's designee determines that prohibited harassment occurred and discipline is imposed, the disciplined person may appeal the disciplinary sanction in the same manner as any other such sanction would be appealed.

Employees may choose to pursue their complaints under this policy through the relevant employee grievance procedure instead of the complaint procedure in this policy.

B. COMPLIANCE OFFICER INFORMAL PROCEDURE

If the person allegedly harassed and the person accused of harassment agree, the person allegedly harassed principal or principal's designee or supervisor may arrange for them to resolve the complaint informally with the help of a counselor, teacher, or administrator.

If the person allegedly harassed and the person accused of harassment agree to resolve the complaint informally, they shall each be informed that they have the right to abandon the informal procedure at any time in favor of the initiation of the Compliance Officer Formal Procedures set fort herein. The principal or principal's designee or supervisor shall notify the person allegedly harassed and the person accused of harassment in writing when the complaint has been resolved. The written notice shall state whether prohibited harassment occurred.

A. Sexual Harassment Prohibited by Title IX

Definitions

“Actual knowledge” means notice of sexual harassment prohibited by Title IX or allegations of sexual harassment prohibited by Title IX to the Title IX Coordinator or any official of the school division who has authority to institute corrective measures or to any employee of an elementary or secondary school.

“Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment prohibited by Title IX.

“Formal complaint” means a document filed by a complainant or signed by the Title IX Coordinator alleging sexual harassment prohibited by Title IX against a respondent and requesting that the allegation be investigated. A formal complaint may be filed with the Title IX Coordinator in person, by mail, or by electronic mail. When the Title IX Coordinator signs a formal complaint, the Title IX Coordinator is not a complainant or otherwise a party. The allegations in a formal complaint must be investigated. In response to a formal complaint, the Title IX Grievance Process below is followed.

“Program or activity” includes locations, events or circumstances over which the School Board exercises substantial control over both the respondent and the context in which the sexual harassment occurs.

“Respondent” means an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment prohibited by Title IX.

“Supportive measures” means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the School Board’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the educational environment, or deter sexual harassment. Supportive measures may include counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, changes in work locations, leaves of absence, increased security or monitoring of parts of campus, and other similar measures, Any supportive measures provided to the complainant or respondent are maintained as confidential, to the extent that maintaining such confidentiality does not impair the ability to provide supportive measures. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Title IX Grievance Process

• • of the name or title, office address, electronic mail address, and telephone number of the Title IX Coordinator; and
  • that the School Board does not discriminate on the basis of sex in its education program or activity and that it is required by Title IX not to discriminate in such a manner. The notification states that the requirement not to discriminate extends to admission and employment and that inquiries about the application of Title IX may be referred to the Title IX Coordinator, the Assistant Secretary for Civil Rights of the United States Department of Education, or both.

• • notice of the grievance process, including any informal resolution process, and
  • notice of the allegations of sexual harassment potentially constituting sexual harassment prohibited by Title IX, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment prohibited by Title IX, and the date and location of the alleged incident, if known.

• • includes a statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process;
  •  informs the parties that they may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review evidence; and
  •  informs the parties of any provisions in the School Board’s code of conduct or the superintendent’s Standards of Student Conduct that prohibit knowingly making false statements or knowingly submitting false information during the grievance process.

• • would not constitute sexual harassment prohibited by Title IX even if proved,
  • did not occur in the School Board’s education program or activity, or
  • did not occur against a person in the United States.

• • a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein;
  • the respondent is no longer enrolled or employed by the School Board; or
  • specific circumstances prevent the School Board from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

• • • identification of the allegations potentially constituting sexual harassment prohibited by Title IX;
    • a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, and methods used to gather other evidence;
    • findings of fact supporting the determination;
    • conclusions regarding the application of the School Board’s code of conduct or the superintendent’s Standard of Student Conduct to the facts;
    • a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the School Board imposes on the respondent, and whether remedies designed to restore or preserve equal access to the School Board’s education program or activity
      will be provided to the complainant; and
    • the procedures and permissible bases for the complainant and respondent to appeal.

• • procedural irregularity that affected the outcome of the matter;
  • new evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
  • the Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

• • notifies the other party in writing when an appeal is filed and implements appeal procedures equally for both parties;
  • ensures that the decision-maker for the appeal is not the same person as the decision-maker that reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator; and
  • ensures that the decision-maker for the appeal complies with the standards set forth in Title IX and this policy.

• • gives both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome;
  • reviews the evidence gathered by the investigator, the investigator’s report, and the decision-maker’s written decision;
  • issues a written decision describing the result of the appeal and the rationale for the result; and
  • provides the written decision simultaneously to both parties and the Title IX Coordinator.

• • the parties are provided a written notice disclosing the allegations, the requirements of the informal resolution process, including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations; provided, however that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process, resume the grievance process with respect to the formal complaint, and be informed of any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
  • the parties, voluntarily and in writing, consent to the informal resolution process; and
  • the informal resolution process cannot be used to resolve allegations that an employee sexually harassed a student.

• • each investigation of allegations of sexual harassment prohibited by Title IX including any determination regarding responsibility and any audio or audiovisual recording or transcript, if any, required under the Title IX
    regulations, any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant designed to restore or preserve equal access to School Board’s education program or activity;
  • any appeal and the result therefrom;
  • any informal resolution and the result therefrom; and
  • all materials used to train Title IX Coordinators, investigators, decisionmakers, and any person who facilitates an informal resolution process. These materials will also be made available on the School Board’s website.

IV. Retaliation

Retaliation against students or school personnel who report harassment or participate in any related proceedings is prohibited. The School Division shall take appropriate action against students or school personnel who retaliate against any student or school personnel who reports alleged harassment or participates in related proceedings. The Title IX Coordinator will inform persons who make complaints, who are the subject of complaints, and who participate in investigations, of how to report any subsequent problems.

V. Right to Alternative Complaint Procedure

Nothing in this policy shall deny the right of any individual to pursue other avenues of recourse to address concerns relating to prohibited harassment including initiating civil action, filing a complaint with outside agencies or seeking redress under state or federal law.

VI. Prevention and Notice of Policy

Training to prevent harassment prohibited by law or this policy should be included in employee and student orientations as well as employee in-service training.

This policy is (1) displayed in prominent areas of each school division building in a location accessible to students, parents and school personnel, (2) included in the student and employee handbooks; and (3) sent to parents of all students within 30 calendar days of the start of school. Further, all students, and their parents/guardians, and employees are notified annually of the names and contact information of the compliance officers.

VII. False Charges

Students or school personnel who knowingly make false charges of harassment shall be subject to disciplinary action as well as any civil or criminal legal proceedings.

Legal References

• 20 U.S.C. §§ 1681-1688.
• 29 U.S.C. § 794.
• 42 U.S.C. §§ 2000d-2000d-7.
• 42 U.S.C. §§ 2000e-2000e-17.
• 34 C.F.R. part 106.2, 106.8, 106.9, 106.30, 106.44, 106.45, 106.71.
• Code of Virginia, 1950 as amended, §§ 2.2-3900, 2.2-3901, 2.2-3902, 22.1-23.3, 22.1-295.2.

Cross References

• AC: Nondiscrimination
• AD: Educational Philosophy
• GAB/IIBEA: Acceptable Computer Use
• GB: Equal Employment Opportunity/Nondiscrimination
• GBA-F: Report of Harassment
• GBM: Professional Staff Grievances
• GBMA: Support Staff Grievances
• JB: Equal Educational Opportunities/Nondiscrimination
• JFC: Student Conduct
• GCPD: Professional Staff Members: Contract Status and Discipline
• GAE: Child Abuse and Neglect Reporting
• KKA: Service Animals in Public Schools

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GBB: PROHIBITION OF ABUSIVE WORK ENVIRONMENTS

The Smyth County School Board prohibits abusive work environments in the school division.

Any School Board employee who contributes to an abusive work environment is appropriately disciplined.

Retaliation or reprisal against School Board employees who make allegations of abusive work environments or assist in the investigation of allegations of abusive work environments is prohibited.

Definitions

As used in this policy,
"Abusive conduct" means conduct of a School Board employee in the workplace that a reasonable person would find hostile and that is severe enough to cause physical harm or psychological harm to another School Board employee based on a determination in which the following factors are considered: the severity, nature, and frequency of the conduct and, when applicable, the continuation of the conduct after a School Board employee requests that it cease or demonstrates outward signs of physical harm or psychological harm in the face of the conduct. "Abusive conduct" includes verbal or physical conduct that a reasonable person would find threatening,
intimidating, or humiliating; the gratuitous sabotage or undermining of another School Board employee's work performance; attempts to exploit another School Board employee's known psychological or physical vulnerability; or repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, or epithets. "Abusive conduct" does not include (i) a single act, unless it is especially severe, or (ii) conduct that the School Board proves with clear and convincing evidence is necessary for the furtherance of its legitimate and lawful interests.

"Abusive work environment" means a workplace in the school division in which abusive conduct occurs.

"Physical harm" means a material impairment of a School Board employee's physical health or bodily integrity, as documented by a licensed physician or another licensed health care provider.

"Psychological harm" means a material impairment of a School Board employee's mental health, as documented by a licensed psychologist, psychiatrist, or psychotherapist or another licensed mental health care provider.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-291.4.

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GBB: STAFF INVOLVEMENT IN DECISION MAKING

Employees are encouraged to communicate their ideas and concerns in an orderly and constructive manner to the School Board and/or administrative staff. A system of two way communication shall be established by the superintendent to hear from and respond to all employees.

Adopted: September 8, 2008

Legal References

• Code of Virginia, 1950, as amended, § 22.1-253.13:7.C.1.

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GBD (Also BG): BOARD-STAFF COMMUNICATIONS

The Smyth County School Board supports and encourages two-way communication between the Board and employees. The superintendent is the official representative of the School Board in its relations and communications with its employees.

Employees are encouraged to communicate their ideas and concerns in an orderly and constructive manner to the School Board and/or the superintendent or superintendent's designee.

The School Board desires to develop and maintain the best possible working relationship with the employees of the school division. The School Board welcomes the viewpoints of employees, and allows time at its meetings for employees to be heard.

The School Board does not discriminate against any employee because of membership in an employee organization, or participation in any lawful activities of the organization.

Adopted: September 8, 2008
Revised: July 8, 2019

Legal References

• Code of Virginia, 1950, as amended, § 22.1-253.13:7.C.1, 22.1-253.13:7.

Cross References

• GBB: Staff Involvement in Decision Making

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GBE: STAFF HEALTH

As a condition of employment every new employee of the School Board shall submit a certificate signed by a licensed physician, physician assistant, advanced practice registered nurse, or registered nurse stating the employee appears free of communicable tuberculosis. 

After consulting with the local health director, the School Board may require the submission of such certificates annually, or at such intervals as it deems appropriate, as a condition to continued employment.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-300, 54.1-2952.2, 54.1-2957.02.

Cross References

• EBAB: Possible Exposure to Viral Infections
• EBBB: Personnel Training-Viral Infections
• GDQ: School Bus Drivers
• JHCC: Communicable Diseases
• JHCCA: Blood-Borne Contagious or Infectious Diseases

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GBEA: UNLAWFUL MANUFACTURE, DISTRIBUTION, DISPENSING, POSSESSION OR USE OF A CONTROLLED SUBSTANCE

The Smyth County School Board is committed to maintaining a Drug Free Workplace.

Prohibited Conduct

Employees may not unlawfully manufacture, distribute, dispense, possess or use a controlled substance on school property, at any school activity, or on any school-sponsored trip. It is a condition of employment that each employee of the Smyth County School Board will not engage in such prohibited conduct and will notify the Smyth County School Board of any criminal drug conviction for a violation occurring on school property, at any school activity, or on any school-sponsored trip no later than 5 days after such conviction. An employee who is convicted of criminal drug activity for a violation occurring on school property, at any school activity, or on any school-sponsored trip will be subject to appropriate discipline, up to and including termination, or required to satisfactorily participate in a drug abuse assistance or rehabilitation program.

Discipline

Within 30 days of receiving notice from a School Board employee as described above, the superintendent and School Board will take appropriate personnel action up to and including dismissal of any employee found to have engaged in prohibited conduct listed or require satisfactory participation in a drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law enforcement, or other appropriate agency.

Distribution of Policy

All employees are given a copy of this policy.

Drug-Free Awareness Program

The Smyth County School Board shall establish a drug-free awareness program to inform its employees about the dangers of drug abuse in the workplace, the Board's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for violations of laws and policies regarding drug abuse.

Legal References

• 41 U.S.C. §§ 8103, 8104.
• Code of Virginia, 1950, as amended, § 22.1-78.

Cross References

• GCPD: Professional Staff Members: Contract Status and Discipline
• GDPD: Support Staff Members: Contract Status and Discipline
• GDQ: School Bus Drivers

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GBEB: STAFF WEAPONS IN SCHOOL

The Smyth County School Board is committed to maintaining a safe and secure working and learning environment. No one may possess or use any firearm or any weapon, as defined in Policy JFCD Weapons in School, on school property (including school vehicles), at any school-sponsored activity, on that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place or on any school bus without authorization of the superintendent or superintendent’s designee. The superintendent or superintendent’s designee is permitted to give authority to possess a firearm on
school property only to persons expressly authorized by statute to possess a firearm on school property. 

Violation of this policy by an employee will result in appropriate personnel action up to and including dismissal.

Illegal conduct will be reported to law enforcement officials.

Legal References

• Code of Virginia, 1950, as amended, §§ 18.2-308.1, 22.1-78, 22.1-279.3:1, 22.1- 280.2:1, , 22.1-280.2:4.
• 8 VAC 20-560-10.

Cross References

• CLA: Reporting Acts of Violence and Substance Abuse
• JFCD: Weapons in School
• KGB: Public Conduct on School Property

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GBEC: TOBACCO PRODUCTS AND NICOTINE VAPOR PRODUCTS

Generally

Students are prohibited from possessing any tobacco product, nicotine vapor product, or any vapor product on a school bus, on school property, or at an on-site or off-site school sponsored activity.

In addition, the use or distribution of any tobacco product or nicotine vapor product, on a school bus, on school property, or at an on-site or off-site school sponsored activity is prohibited.

The superintendent is responsible for developing a regulation which contains

• Provisions for the enforcement of this policy among students, employees, and visitors, including the enumeration of possible sanctions or disciplinary actions, and
• Referrals to resources to help staff and students overcome tobacco addition

Definitions

“Nicotine vapor product” means any noncombustible product contains nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. “Nicotine vapor products” includes any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. “Nicotine vapor product” does not include any product regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug,
and Cosmetic Act.

“Tobacco product” means any product made of tobacco and includes cigarettes, cigars, smokeless tobacco, pipe tobacco, bidis, and wrappings.  “Tobacco product” does not include any nicotine vapor product, alternative nicotine product, or product that is regulated by the FDA under Chapter V (21 U.S.C. § 351 et seq.) of the Federal Food, Drug, and Cosmetic Act

Legal References

• 20 U.S.C. §§ 6083, 7183.
• Code of Virginia, 1950, as amended, §§ 18.2-371.2,  22.1-79.5, 22.1-279.6.

Cross References

• CLA: Reporting Acts of Violence and Substance Abuse
• JFC-R Standards of Student Conduct
• JFCH/KGC: Tobacco Products and Nicotine Vapor Products
• KG: Community Use of School Facilities
• KGB: Public Conduct on School Property

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GBEF: LACTATION SUPPORT

The superintendent shall designate a non-restroom location in each school as an area in which any mother who is employed by the Smyth County School Board or enrolled as a student in the division may take breaks of reasonable length during the school day to express milk to feed her child until the child reaches the age of one. The area must be shielded from public view.

Legal References

• 29 U.S.C. § 218d.
• 42 U.S.C. § 2000gg.
• Code of Virginia, 1950, as amended, § 2.2-3905, 22.1-79.6.

Cross Reference

• JHCL Lactation Support for Students

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GBG: STAFF PARTICIPATION IN POLITICAL ACTIVITIES

The Smyth County School Board recognizes the right of its employees to engage in political activity.

The Board also recognizes that school time and school property should not be used for partisan political purposes. Thus, when engaging in political activities, an employee may not

• use the employee’s position within the school division to further a political cause;
• engage in any activity supporting or opposing a candidate or political party while on duty, while on school property during school hours, or while representing the school division;
• suggest in any manner that the school division or any component of it supports or opposes a candidate for election to any office; or
• use any school division property to engage in any activity supporting or opposing a candidate for public office or a political party.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

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GBI: STAFF GIFTS AND SOLICITATIONS

Exchange of gifts between students and/or parents and staff is discouraged.

No school division employee solicits money, property, goods or services for personal use or use by staff or students during school hours on school property without written authorization from the superintendent or superintendent's designee.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross References

• GAH: School Employee Conflict of Interest
• JL: Fund Raising and Solicitation
• KGA: Sales and Solicitations in Schools
• JKMA: Relations With Parent Organizations
• KQ: Commercial, Promotional, and Corporate Sponsorships and Partnerships

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GBL: PERSONNEL RECORDS

Present and past employees have access to their personnel information maintained by the Smyth County School Division. 

When employment verification of a former employee of the Smyth County School Board is requested by another school board, the School Board responds within 10 working days of receiving such request. “Working days” applicable to this paragraph means every day except Saturdays, Sundays, and legal state and federal holidays. 

If information relative to employment is requested by banks or other establishments or individuals, written permission from the employee to release such information is required, except to comply with a judicial order, a lawfully issued subpoena, the Virginia Freedom of Information Act (Va. Code § 2.2-3700 et seq.), or other law or court order. The employee will be notified of the request for records.

The superintendent or superintendent's designee is responsible for maintaining a system of personnel records for all employees of the School Board. Personnel files of all school board employees may be produced and maintained in digital or paper format.

Teacher performance indicators, or other data collected by or for the Virginia Department of Education or the School Board or made available to and able to be used to judge the performance or quality of a teacher, maintained in a teacher's personnel file or otherwise is confidential but may be disclosed, in a form that does not personally identify any student or teacher, (i) pursuant to court order, (ii) for the purposes of a grievance proceeding involving the teacher, or (iii) as otherwise required by state or federal law. Nothing in this policy prohibits the release of or limits the availability of nonidentifying, aggregate teacher performance indicators or other data.

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3705.1, 2.2-3800, 22.1 295.1, 2.2-3801, 2.2-3802, 2.2-3803, 2.2-3804, 2.2-3805, 2.2-3806, 2.2-3807, 2.2-3808, 2.2-3808.1, 2.2-3809, 22.1-296.5.

Cross References

• CBA: Qualifications and Duties for the Superintendent
• GA: Personnel Policies Goals
• GBLA: Third Party Complaints Against Employees

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GBLA: THIRD-PARTY COMPLAINTS AGAINST EMPLOYEES

Any parent or guardian of a student enrolled in Smyth County Public Schools or any resident of Smyth County may file a written complaint regarding an employee of the Smyth County School Board. Such complaint should be filed with the superintendent or superintendent’s designee. If the complaint involves allegations that an employee of Smyth County School Board has abused or neglected a child in the course of his employment, the complaint will be investigated in accordance with Va. Code §§ 63.2-1503, 63.2-1505, and 63.2-1516.1.

Allegations that do not involve the abuse or neglect of a child will be reviewed by the Superintendent to determine the extent to which an investigation/review will occur. Information determined to be unfounded after a reasonable administrative review is not maintained in any employee personnel file, but may be retained in a separate sealed file by the administration if such information alleges civil or criminal offenses. Any dispute over such unfounded information, exclusive of opinions retained in the personnel file, or in a separate sealed file, notwithstanding the provisions of the Government Data Collection and Dissemination Practices Act, Va. Code §§ 2.2-3800 et seq., is settled through the employee grievance procedure as provided in Va. Code §§ 22.1-306 and 22.1-308 through 22.1-314.

Individuals lodging a complaint are notified in writing that the complaint has been received and is being investigated/reviewed.

The complaint should be filed as soon as possible after the alleged incident, usually within 15 school days, and will be processed promptly, usually within 15 school days.

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3800 et seq., 22.1-70, 22.1-78, 22.1-295.1.

Cross References

• GB: Equal Employment Opportunity/Nondiscrimination
• GBA/JFHA: Prohibition Against Harassment and Retaliation
• GBL: Personnel Records
• GBM: Professional Staff Grievances
• GBMA: Support Staff Grievances
• JB: Equal Educational Opportunities/Nondiscrimination
• GAE: Child Abuse and Neglect Reporting

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GBM: PROFESSIONAL STAFF GRIEVANCES

The School Board adopts the most recent version of Procedure for Adjusting Grievances promulgated by the Virginia Board of Education based on current statutory provisions.

Legal References

• Code of Virginia, 1950, as amended, §§  22.1-253.13:7 and 22.1 306 et seq.
• 8 VAC 20-90-10 through VAC 20-90-80 and accompanying forms.

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GBMA: SUPPORT STAFF GRIEVANCES

The Smyth County School Board adopts the following procedure in accordance with § 22.1-79(6) of the Code of Virginia, as amended. Nothing in this procedure is intended to create, nor shall it be construed as creating, a property right in employment, nor shall this procedure be interpreted to limit in any way whatsoever the School Board’s exclusive final authority over the employment and supervision of its personnel.

The following words and terms are defined as indicated when used in this procedure, unless the context clearly indicates otherwise.

"Days" means calendar days unless a different meaning is clearly expressed in this procedure. Whenever any period of time fixed by this procedure shall expire on a Saturday, Sunday or legal holiday, the period of time for taking action under this procedure shall be extended to the next day that is not a Saturday, Sunday or legal
holiday. “Working days" means those days that the Smyth County School Board office is
open for business.

"Dismissal" means the termination of employment of any covered employee with or without cause during the term of such employee's employment.

"Employee" or "employees" means all full-time employees of the Smyth County School Board who have completed the required probationary period except the superintendent and those employees covered under the provisions of Articles 2 and 3 of Chapter 15 of Title 22.1 of the Code of Virginia, as amended. "Employee" does not
mean a part-time or temporary employee.

“Grievance” means a complaint or dispute involving the dismissal or other disciplinary action of an employee. A dismissal, reassignment or other action pursuant to a Reduction in Force (RIF) is not a disciplinary action and is not grievable. Employee evaluations are not disciplinary actions and are not grievable. “Grievance” does not mean a complaint or dispute regarding the suspension of an employee. The procedure for the suspension of employees is set forth in Policy GCPF Suspension of Staff Members.

Procedure
1. Written notice of the proposed dismissal or other disciplinary action, along with a statement of the reasons for the action, shall be given to the employee by the employee’s building administrator or department head. Upon receipt of the recommendation, the employee is required to meet with a Human Resources administrator. During this meeting the employee receives a copy of this policy as notice of the employee’s grievance rights. The employee may file a written request for a hearing with the superintendent within ten (10) working days of receiving the written notice. The failure to file such a request within the prescribed time will constitute a waiver of the right to a hearing and the dismissal or other disciplinary action will become final without a hearing or further notice.

2. Upon receiving a timely written request, the superintendent shall select an impartial hearing administrator to hear the grievance. The hearing administrator will hold a hearing within fifteen (15) working days of receipt of the employee's request. Notice of the hearing shall be given orally or in writing to the employee at least five (5) working days before the hearing. The employee and the school division will share the cost of the hearing administrator and the cost of recording the hearing equally.

3. The employee and the employee’s supervisor may be represented by legal counsel or a lay advocate at the hearing, but not both. The division may also be represented by legal counsel at the hearing. The hearing will be private and the hearing administrator will have full discretion over the conduct of the hearing. However, the employee and the division representative may make opening statements, may present all material and relevant evidence, including the testimony of witnesses, and may cross examine witnesses. Witnesses may be questioned by the hearing administrator.

4. The hearing administrator shall give the employee and the division representative a written decision within ten (10) working days after the completion of the hearing. The decision shall be based on the evidence relevant to the issues produced at the hearing in the presence of each party.

5. The decision may be appealed to the School Board by providing written notice of appeal to the superintendent within five (5) working days of receiving the decision of the hearing administrator. Upon timely appeal, the School Board shall decide the appeal on the written record and render its decision within thirty (30) days of
the appeal. 

Legal References

• Code of Virginia, 1950, as amended, § 22.1-79(6).

Cross References

• GDG: Support Staff Probation
• GCPF: Suspension of Staff Members

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GBN: STAFF HIRING PROCEDURES

Application for employment in the Smyth County Public Schools shall be in writing and on forms provided by the Personnel Office. A personal interview is required of all applicants as a prerequisite to employment.

The Superintendent is responsible for developing procedures for advertising vacancies and new positions. Those procedures will be designed to ensure that all openings are properly advertised to give all interested and qualified partied the opportunity to apply. While most positions will be filled using those procedures, the School Board may, at the request of the Superintendent, fill positions in other ways. For example, the School Board may authorize the filling of a position to accommodate the disability of an employee, to transfer an employee when it is determined to be in the best interest of the school divisions, to satisfy the rights of employees returning from leave, to move an 
employee whose performance is unacceptable to a position in which the employee might be successful or to discipline an employee for conduct deficiencies.

It shall be the responsibility of the applicant to furnish accurate information, and any falsification of either information or credentials shall be cause for dismissal or refusal to employ.

It is the desire of the Smyth County School Board to recruit and retain the best possible qualified applicants. Qualified applicants within the division will be given an opportunity to apply for positions in which they are qualified. Vacancies within the division will be advertised on the school division website.

It is the responsibility of the applicant to furnish accurate information and any falsification of either information or credentials is cause for dismissal or refusal to employ.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78

Legal References

• GCCA: Posting of Professional Staff Vacancies
• GCD: Professional Staff Hiring

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GBO: VIRGINIA RETIREMENT SYSTEM

All eligible employees must be members of the Virginia Retirement System. Employee retirement benefits are governed by the rules and regulations established by the Virginia Retirement System.

Adopted: October 13, 2008
Revised: November 12, 2012

Legal References

• Code of Virginia, 1950 as amended, §§ 22.1-78, 51.1-135.

Cross References

• GBR: Voluntary Retirement Savings Program

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GBR: VOLUNTARY RETIREMENT SAVINGS PROGRAM

The Smyth County School Division offers its employees the opportunity to participate in a defined contribution retirement plan, also known as a tax sheltered annuity or 403(b) program. This program is maintained and operated pursuant to a written plan.

The written plan contains all the material terms and conditions for eligibility, benefits, applicable limitations, the contracts available under the plan, and the time and form under which benefit distributions may be made.

The written plan also addresses any optional features, including hardship withdrawal distributions, loans, plan-to-plan or annuity contract-to-annuity contract transfers, and acceptance of rollovers to the plan, which are included in the Division's program.

The written plan may:

• allocate responsibility for administrative functions, including functions to comply with the requirements of 26 U.S.C. § 403(b) and other tax requirements
• assign such responsibilities to parties other than the school division, but not to participants (unless the administration of the plan is a substantial portion of the duties of the participant)
• incorporate by reference other documents which thereupon become part of the written plan
• address termination of the program

Every employee of the school division will annually be notified about the program.

Adopted: July 31, 2008
Revised: July 29, 2015

Legal References

• 26 U.S.C. § 403(b).
• 26 CFR 1.403(b)-1 et seq.
• Code of Virginia, 1950 as amended, §§ 51.1-603, 51.1-603.1.

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GC: PROFESSIONAL STAFF

No teacher is regularly employed by the School Board or paid from public funds unless such teacher holds

• holds a license or provisional license issued by the Virginia Board of Education,
• holds a three-year license to teach high school career and technical education courses in specified subject areas or
• is hired to teach in a trade and industrial education program and for whom the teacher licensure requirements have been waived by the Virginia Department of Education.

If a teacher employed under a provisional license is activated or deployed for military service within a school year, an additional year will be added to the teacher's provisional license for each school year or portion thereof during which the teacher is activated or deployed. The additional year shall be granted the year following the return of the teacher from deployment or activation.

The superintendent may request that the Board of Education extend the three-year provisional license of a teacher for at least one year but no more than two additional years. The request must be accompanied by the superintendent’s recommendation for such extension and satisfactory performance evaluations for the teacher for each year of the original three-year license during the original three-year provisional license that such teacher was actually employed and received a filed performance evaluation.

The Virginia Board of Education prescribes, by regulation, the requirements for the licensure for teachers and other school personnel required to hold a license. On recommendation of the superintendent, the School Board may waive applicable licensing requirements as specified Va. Code § 22.1-298.1 for any individual the School Board seeks to employ as a career and technical education teacher who is also seeking initial licensure or renewal of a license with an endorsement in the area of career and technical education.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-298.1 and 22.1-299.

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GCB: PROFESSIONAL STAFF CONTRACTS

The School Board enters into written contracts with teachers, principals, assistant principals, and supervisors as defined in 8 VAC 20-441-10 before such employees assume their duties except as noted below. Contracts are in the form permitted by the Virginia Board of Education, with special covenants added by the Smyth County School Board as appropriate. Contracts are signed in duplicate, with a copy furnished to each party.

Written contracts are not required with persons who are temporarily employed. A temporarily employed teacher, is:

1. one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence, or
2. one who is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy, unless otherwise approved by the Superintendent of Public Instruction on a case-by-case basis, during one school year.

Coaching contracts and contracts for extracurricular activity sponsorship assignments where a monetary supplement is paid are separate from the employee's primary contract. Such contracts are in a form permitted by the Board of Education. Termination of the separate contract does not constitute cause for the termination of the primary contract.

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

Adopted: March 9, 2009
Revised: June 28, 2010
Revised: January 28, 2013
Revised: May 14, 2018

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-302.
• 8 VAC 20-441-10
• 8 VAC 20-441-40

Cross References

• GCBB: Supplementary Pay
• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GCE: Part-Time and Substitute Professional Staff Employment
• GCG: Professional Staff Probationary Term and Continuing Contract
• GCPB: Resignation of Staff Members
• GCPD: Professional Staff Discipline
• GCPF: Suspension of Staff Members

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GCBA: STAFF SALARY SCHEDULES

The School Board establishes and approves salaries for all school employees.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22-1.313.

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GCBB: PROFESSIONAL STAFF SUPPLEMENTARY PAY PLANS

The Smyth County School Board approves all athletic coaching and other extracurricular activity sponsorships for which supplemental pay is provided. The Board establishes the amount of compensation for employees who coach or supervise such activities.

A separate contract in a form permitted by the Virginia Board of Education is executed by the School Board with an employee who receives supplemental pay for any athletic coaching assignment or extracurricular activity sponsorship assignment. All such contracts will require a party intending to terminate the contract to give reasonable notice to the other party before termination thereof becomes effective.

For purposes of this policy, "extracurricular activity sponsorship" means an assignment requiring responsibility for any student organizations, clubs, or groups except those activities that are conducted in conjunction with regular classroom, curriculum, or instructional programs.

Adopted: March 9, 2009
Revised: April 24, 2012
Revised: May 14, 2018

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-302, and 22.1-313.

Cross References

• GCB: Professional Staff Contracts

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GCBC: STAFF BENEFITS

The Smyth County School Board recognizes the need for benefits in order to promote the employment and retention of high quality personnel and effectively serve the educational needs of students. Accordingly,  benefits are provided as established by the Board.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-85.
• 8 VAC 20-460-10.

Cross References

• GCBD: Staff Leaves and Absences
• GBO: Virginia Retirement System

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GCBD/GDBD: PROFESSIONAL/SUPPORT STAFF LEAVES AND ABSENCES

All employee leaves and absences shall be subject to school division policy and regulations. The superintendent shall establish any regulations necessary for the application of the division’s policies regarding leaves and absences.

Sick Leave

Full-time professional and support personnel with contracts of 185 days or greater, are granted one (1) sick leave day per month of employment. (10 month contract = 10 sick leave days, 11 month contract = 11 sick leave days, 12 month contract = 12 sick leave days). Full-time personnel with contracts of 184 days or less are granted nine (9) days of sick leave per year.

Sick leave days are to be credited on the first working day of a contract year. Employees who resign prior to completion of their contract will earn a prorated share of their sick leave days. Unused accumulated sick leave will not be paid out upon leaving employment through resignation or termination. However, if an employee has a break in service with Smyth County Public Schools and they have accumulated sick leave available upon leaving the school division, the sick leave may be reinstated if the employee returns to full-time employment within ten (10) years.

Sick leave accumulation will be unlimited for all Virginia Retirement System (VRS) Retirement Plan 1 and Plan 2 employees. For employees under the VRS Hybrid Plan, sick leave accumulation will be limited to 90 days. At retirement, employees may receive a reimbursement for accumulated unused sick leave payable at the rate set by the Smyth County School Board.

Sick leave shall be used in one-half (1/2) day or full day increments.

Sick leave shall be allowed for personal illness, for illness of immediate family, or death in the immediate family, and allowed for up to five (5) days per occurrence. The immediate family shall be defined as natural parents, foster parents, step-parents, stepchildren, grandparents, grandchildren, spouse, children, brother, sister, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparents-in-law, nieces, nephews, aunt, uncle, or any other relative living in the household of the employee. Paid sick leave shall be used prior to workers compensation determination. If approved for workers compensation leave, the employee has the option to buy back used sick leave.

The Smyth County School Board reserves the right to request that an employee provide medical documentation for an absence of more than five (5) consecutive days or if absences occur on a routine and/or frequent basis. Employees may be entitled to additional unpaid leave. Request should be made in writing to the superintendent or superintendent’s designee requesting such an extension.

The Smyth County School Board will accept the transfer of accumulated sick leave from an employee who has been employed in another public school system in Virginia.

Personal Leave

Full-time professional and support personnel with contracts of 185 days or greater, are granted three (3) personal leave days per year. Full-time personnel with contracts of 184 days or less are granted two (2) days of personal leave per year.

Personal leave days are to be credited on the first working day of a contract year.

Personal leave may accumulate to a maximum of five (5) days. Unused personal leave exceeding five (5) days will be carried forward as accumulated sick leave. Employees who resign prior to completion of their contract will earn a prorated share of their personal leave days. Unused accumulated personal leave will not be paid out upon leaving employment. However, the unused personal leave will be converted to sick leave and then all applicable sick leave portions of the policy would apply.

Personal leave shall be used in one-half (1/2) day or full day increments.

Scheduling of personal leave must receive prior approval from the immediate supervisor unless such leave is taken due to an emergency situation. If an emergency situation does not exist and the use of personal leave will substantially interfere with the effective operation of the school system, request for personal leave may be denied.

Vacation Leave for Twelve-Month Employees

Vacation leave for all full-time, twelve-month employees shall be determined as follows:

For this purpose, experience shall be defined as full-time, twelve-month employment in administrative, supervisory, or support positions.

Vacation leave days are to be credited on the first working day of a contract year.

Vacation leave may accumulate to a maximum of thirty (30) days. Unused vacation leave exceeding thirty (30) days will be carried forward as accumulated sick leave. Scheduling of vacation leave must receive prior approval from the immediate supervisor.

Employees who resign prior to completion of their contract or transfer to a position that is not eligible for vacation leave will earn a prorated share of their vacation leave days. Unused accumulated vacation leave will not be paid out upon leaving a position or upon leaving employment. However, the unused vacation leave will be converted to sick leave and then all applicable sick leave portions of the policy would apply. If an employee transfers to a position that is not eligible for vacation leave, the vacation leave will be converted to sick leave and transferred to the employee's sick leave balance.

Vacation leave shall be used in one-half (1/2) day or full day increments.

At no time may an employee take paid vacation leave in excess of the existing balance of accrued vacation leave.

Holiday leave will be determined by the superintendent and the School Board. The following paid holidays will be granted to all full-time, twelve-month employees:

• New Year's Day
• Good Friday
• Monday after Easter
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day
• Friday after Thanksgiving
• Christmas Eve
• Christmas Day
• New Year's Eve

If school is in session on Memorial Day, an additional day will be granted in conjunction with Independence Day. Should it be necessary for a full-time, twelve-month employee to work on a designated holiday, such employee shall be granted a compensatory day off.

VRS Hybrid Employees

Full-time employees hired on or after January 1, 2014 will be coded on the Hybrid Plan for retirement in the Virginia Retirement System unless they qualify for VRS Plan 1 or Plan 2. These employees are automatically enrolled in the Short-term (STD) and Long-term (LTD) disability program, with the monthly enrollment fee paid by Smyth County Public Schools.

Employees in this Hybrid Plan will continue to earn leave at the same rate as Plan 1 and Plan 2 employees with the following regulations included:

• A Hybrid Plan employee will only be allowed to accumulate up to 90 total days of sick and personal leave (vacation included for twelve-month employees)
• Sick leave may be used during the five working day period before STD is activated
• If qualified for STD, the employee may use a pro-rated amount of any remaining sick, personal (or vacation if twelve month employee) to cover the remaining portion of daily rate of pay not covered by STD payments.

Adopted: June 30, 2009
Revised: March 10, 2014
Revised: September 12, 2016

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78.

Cross References

• GCBE: Family and Medical Leave
• GCBEA: Leave Without Pay
• GCBEB: Military Leave and Benefits
• GCQA: Nonschool Employment by Staff Members

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GCBEA: LEAVE WITHOUT PAY

Employee's Debilitating or Life-Threatening Illness or Injury

A leave of absence, without pay, may be granted to employees of the school division who have a debilitating or life-threatening illness or injury and who are not eligible for Family and Medical Leave as described in Policy GCBE Family and Medical Leave because they have not worked for the division for 12 months and/or have not worked at least 1250 hours according to the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

Employees with a debilitating or life-threatening illness who are entitled to leave under this policy may take up to ____ days unpaid leave during their first year of employment with the school division. 

Other Work During Leave

Employees who are on unpaid leave pursuant to this policy or any other policy, except those on leave pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (see Policy GCBEB Military Leave and Benefits), may not engage in work for which they receive pay or any other type of remuneration without the prior written approval of the superintendent or superintendent’s designee.

Legal References

• 29 C.F.R. 825.216.
• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-296.

Cross References

• GCBD: Staff Leaves and Absences
• GCBE: Family and Medical Leave
• GCBEB: Military Leave and Benefits
• GCQA: Nonschool Employment by Staff Members

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GCBEB: MILITARY LEAVE AND BENEFITS

Leave

All employees of Smyth County School Board who are members of the state or federal military reserves are entitled to leaves of absence from their duties on all days during which they are engaged in federally funded military duty, including training duty, or when called forth by the Governor.

Immediately upon receipt of official notice to report to duty, the employee will notify his or her supervisor of the need for military leave. A copy of the official orders must accompany the leave request.

Pay/Paid Leave

All employees on military leave will receive up to 15 days paid leave per federally funded tour of duty. When possible, military leave for employees on less than a 12 month contract should be arranged during non-duty hours.

An employee who is scheduled for a physical examination for military service during working hours, including but not limited to pre-induction physicals, receives paid leave.

In addition, full-time employees of Smyth County Schools whose active duty service with the regular armed forces of the United States or the National Guard or other reserve component requires the employee's absence from employment will receive supplemental pay for up to 12 months per tour in the amount of the difference between the military pay and pay as a Smyth County School Board employee if the employee's military compensation is less than the regular salary paid to the employee by the school division.

The employee will be permitted, upon request, to use any vacation, annual, or similar leave that had accrued at the time military leave began.

Except as outlined above, military leave is unpaid.

Benefits

Health Benefits

If the employee so desires, the employee and the employee's dependents may continue to participate in the division's group health plan for up to 24 months while the employee is on military leave. The employee must notify the Director of Human Resources if the employee wants to continue participation in the division's group health plan. Employees who elect to continue on the division's health plan will be responsible for the full monthly premium amount.

Retirement Benefits

An employee reemployed after military leave will be treated as not having incurred a break in service. The period of military leave will be considered service to the division for purposes of vesting and benefit accrual. The division is responsible for its pension plan funding obligation. The division is not required to make its contribution until the employee is reemployed.

The employee is allowed, but not required, to make up the employee’s contributions to a contributory plan. The employee may repay employee contributions for a period of up to three times the period of military service, but not to exceed five years. If the employee's retirement plan is contributory and the employee does not make up the employee’s contributions, the employee will not receive the employer match or the accrued benefit attributable to the employee's contribution because the employer is required to make contributions that are contingent on the employee's contributions.

The employer and employee contribution will be calculated on the rate of pay the employee would have received but for the absence to serve military duty.

Reemployment

An employee who is entitled to military leave by reason of service in the federal military reserves is entitled to be reemployed by the School Board as long as the employee:

• has given advance notice of the need for military leave (unless notice is precluded by military necessity or is otherwise impossible or unreasonable);
• has not been absent for more than five years; and
• returns to work as outlined below.

If the employee was absent from work for:

• less than 31 days, the employee report back to work by the beginning of the next regularly scheduled work period after a reasonable amount of time to arrive home, rest and report to work;
• more than 30 days but less than 181 days, the employee must submit an application for reemployment within 14 days after the completion of service;
• more than 180 days, the employee must submit an application for reemployment within 90 days after the completion of service.

Employees who are entitled to military leave due to service in the Virginia military reserves must make written application for reemployment within:

1. 14 days of release from duty or from hospitalization following release if the length of the employee's absence by reason of service in the uniformed services does not exceed 180 days or
2. 90 days of his release from duty or from hospitalization following release if the length of the employee's absence by reason of service in the uniformed services exceeds 180 days.

Upon returning from duty, an employee will be restored to the same job the employee held before leaving or to a comparable job. The School Board is not obligated to reemploy persons returning from military leave in certain unusual situations specified by state and federal law.

Termination After Reemployment

A person who is reemployed after returning from more than 30 days of military duty will not be discharged except for cause

• within one year after the date of reemployment, if the person's period of military service before the reemployment was more than 180 days; or
• within 180 days after the date of reemployment, if the person's period of military service before the reemployment was more than 30 days but less than 181 days.

Discrimination Against Members of Military Reserves Prohibited

Members of the military reserves will not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of that membership.

Legal References

• 38 U.S.C. §§ 4312, 4313, 4316, 4317.
• 20 C.F.R. §§ 1002.259, 1002.261, 1002.262, 1002.267.
• Code of Virginia, 1950, as amended, §§ 22.1-289.2, 44-93, 44-93.1, 44-93.3, 44-93.4, 44-102.1.

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GCCA: POSTING OF PROFESSIONAL STAFF VACANCIES

Notices of employment vacancies within the Smyth County School Division shall be posted on our school division website. Where applicable, notice may be mailed to placement services of colleges and universities and professional publications.

Adopted: February 9, 2009

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78

Cross References

• GBN: Application for Positions

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GCCB: EMPLOYMENT OF FAMILY MEMBERS

A. The School Board may not employ or pay, and the superintendent may not recommend for employment, any family member of the superintendent or of a School Board member except as authorized in Subsection B below. This prohibition does not apply to the employment, promotion, or transfer within the school division of any family member who:

• has been employed pursuant to a written contract with the School Board or employed as a substitute teacher or teacher's aide by the School Board prior to the taking of office of the superintendent or any School Board member, or
• has been employed pursuant to a written contract with the School Board or employed as a substitute teacher or teacher's aide by the School Board prior to the inception of the family relationship, or
• was employed by the school board at any time prior to June 10, 1994, and had been employed at any time as a teacher or other employee of any Virginia school board prior to the taking of office of any member of the school board or the superintendent.

B. The School Board may employ or pay, and the superintendent may recommend for employment, any family member of the superintendent or of a School Board member provided that

1. the member certifies that he/she had no involvement with the hiring decision; and
2. the superintendent certifies to the remaining members of the school board in writing that the recommendations is based upon merit and fitness and the competitive rating of the qualifications of the individual and that no member of the board had any involvement with the hiring decision.

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

D. A family member of any employee may not be employed by the School Board if the family member is to be employed in a direct supervisory and/or administrative relationship either supervisory or subordinate to the employee. The employment and assignment of family members in the same organizational unit is discouraged.

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

Adopted: January 26, 2009
Revised: July 31, 2018

Legal References

• Code of Virginia, 1950, as amended, § 2.2-3119.

Cross References

• BBFA: Conflict of Interests and Disclosure of Economic Interests
• GCI: Professional Staff Assignments and Transfers

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GCD: PROFESSIONAL STAFF HIRING

Procedures shall be developed for filling vacancies or new positions to ensure that all openings have been properly advertised to give all interested parties the opportunity to be considered and to expedite the selection process.

It shall be the responsibility of the applicant to furnish accurate information and any falsification of either information or credentials shall be cause for dismissal or refusal to employ.

Adopted: March 9, 2009

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3119, 22.1-70, 22.1-78.

Cross References

• GCCB: Employment of Family Members
• GCCA: Posting of Professional Staff Vacancies
• GCN: Evaluation of Professional Staff

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

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

I. APPLICANTS FOR EMPLOYMENT

A. Criminal Convictions

As a condition of employment for all of its public school employees, whether full-time or part-time, permanent, or temporary, the Smyth County School Board requires on its application for employment certification of whether the applicant has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02; any offense involving the sexual molestation, physical or sexual abuse or rape of a child, or the solicitation of any such offense;  or any crime of moral turpitude.

The School Board does not employ any individual who has been convicted of any violent felony set forth in the definition of barrier crime in subsection A of Va. Code §19.2-392.02 or any offense involving the sexual molestation, physical or sexual abuse, or rape of a child or the solicitation of any such offense.

The School Board may employ any individual who has been convicted of any felony or crime of moral turpitude that is not set forth in the definition of barrier crime in subsection A of Va. Code § 19.2-392.02 and does not involve the sexual molestation, physical or sexual abuse, or rape of a child, or the solicitation of any such offense,
provided that in the case of a felony conviction, such individual’s civil rights have been restored by the Governor.

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

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

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

If an applicant is denied employment because of information appearing on the applicant's criminal history record, the School Board provides a copy of the information provided by the Central Criminal Records Exchange to the applicant.

B. Founded Complaints of Child Abuse or Neglect

The School Board requires, as a condition of employment, that any applicant who is offered or accepts employment requiring direct contact with students, whether full-time or part-time, permanent or temporary, provide written consent and the necessary personal information for the School Board to obtain a search of the registry of founded complaints of child abuse and neglect. The registry is maintained by the Department of Social Services. The School Board ensures that all such searches are requested in conformance with the regulations of the Board of Social Services. In addition, where the applicant has resided in another state within the last five years, the School Board requires as a condition of employment that such applicant provide written consent and the necessary personal information for the School Board to obtain information from each relevant state as to whether the applicant was the subject of a founded complaint of child abuse and neglect in such state. The School Board takes reasonable steps to determine whether the applicant was the subject of a founded complaint of child abuse and neglect in the relevant state. The Department of Social Services shall maintain a database of central child abuse and neglect registries in other states that provide access to out-of-state school boards for use by local school boards. The applicant may be required to pay the cost of any search conducted pursuant to this subsection at the discretion of the School Board. From such funds as may be available for this purpose, however, the School Board may pay for the search.

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

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

II. EMPLOYEE CHARGES AND CONVICTIONS

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

If a current employee is suspended or dismissed because of information appearing on the employee’s criminal history record, the School Board provides a copy of the information provided by the Central Criminal Records Exchange to the employee.

The superintendent shall inform the School Board of any notification of arrest of a school board employee received pursuant to Virginia Code §19.2-83.1. The School Board shall require such employee, whether full-time or part-time, permanent, or temporary, to submit to fingerprinting and to provide personal descriptive information to be forwarded along with the employee's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation for the purpose of obtaining criminal history record information regarding such employee. The contents of the employee's criminal record shall be used only to implement dismissal, suspension or probation in accordance with §§22.1-307 and 22.1-315 of the Code of Virginia.

Any employee of Smyth County School Board will be dismissed if the employee is or becomes the subject of a founded complaint of child abuse and neglect and after all rights to an appeal provided by Va. Code § 63.2-1526 have been exhausted. The fact of such finding, after all rights to an appeal provided by Va. Code § 63.2-1526 have been exhausted, is grounds for the school division to recommend that the Board of Education revoke such person’s license to teach. 

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

III. Costs of Fingerprinting, Criminal Record and Abuse and Neglect Checks

The applicant or employee shall pay for the fingerprinting, criminal record check and abuse and neglect check conducted pursuant to this policy.

Legal References

• Code of Virginia, as amended, §§ 18.2-251,19.2-83.1, 19.2-389, 22.1-78, 22.1-296.1, 22.1-296.2, 22.1-296.4, 22.1-315, 63.2-1515..

Cross References

• GCPD: Professional Staff Members: Contract Status and Discipline
• GDPD: Support Staff Members: Contract Status and Discipline

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GCE: SUBSTITUTE TEACHERS

Substitute Teachers must

• be at least 21 years old;
• possess good moral character;
• hold a high school diploma, or have passed a high school equivalency examination approved by the Board of Education;
• attend an orientation to school division policies and procedures.

An exception may be made to the age requirement for substitute teachers if the substitute has either an associate degree or two years of college work leading to a teaching certification.

The Smyth County School Board seeks part-time employees and substitute teachers, especially those engaged as long-term substitutes, who exceed these requirements whenever possible.

A substitute teacher, as used in this policy, is:

1. one who is employed to substitute for a contracted teacher for a temporary period of time during the contracted teacher's absence, or
2. one who is employed to fill a teacher vacancy for a period of time, but for no longer than 90 teaching days in such vacancy, unless otherwise approved by the Superintendent of Public Instruction on a case-by-case basis, during one school year. However, during the 2023-2024 and 2024-2025 school years, the Smyth County School Board may employee a substitute teacher to fill such a vacancy for a period not to exceed 180 days during one school year. 

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-302.

Cross References

• GCB: Professional Staff Contracts
• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GCPD: Professional Staff Discipline
• GCPF: Suspension of Staff Members

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GCG: PROFESSIONAL STAFF PROBATIONARY TERM AND CONTINUING CONTRACT

Teachers

Probationary Term

A probationary term of service of three years in Smyth County Public Schools is required before a teacher is issued a continuing contract. Service under a local teacher license does not count towards satisfying this probationary requirement. A mentor teacher is provided to every first year probationary teacher to assist him or her in achieving excellence in instruction. Probationary teachers shall be evaluated at least annually in accordance with policy GCN Evaluation of Professional Staff. A teacher in his/her first year of the probationary period is evaluated informally at least once during the first semester of the school year. The Superintendent shall consider such evaluations as one factor in making recommendations to the School Board regarding the nonrenewal of such teacher's contract. 

In order to achieve continuing contract status, every teacher must successfully completed training in instructional strategies and techniques for intervention for or remediation of students who fail or are at risk of failing the Standards of Learning assessments. The Smyth County School Board provides said training at no cost to teachers it employs. If such training is not offered in a timely manner, no teacher will be denied continuing contract status for failure to obtain such training.

Once a continuing contract status has been attained in a school division in this state, another probationary period need not be served unless such probationary period, not to exceed two years, is made a part of the contract of employment. If a teacher separates from service and returns to teaching service in Virginia public schools by the beginning of the third year, the person shall be required to begin a new probationary period, not to exceed two years, if made part of the contract.

If a teacher who has not achieved continuing contract status receives notice of re-employment, he must accept or reject in writing within 15 calendar days of receipt of the notice. Unless a conference with the Superintendent is requested as specified in the Code of Virginia, or in the case of reduction in force, written notice of nonrenewal of the contract must be given by the board on or before June 15 of each year. If the teacher requests a conference with the Superintendent, then written notice of non-renewal by the School Board must be given within thirty days after the Superintendent notifies the teacher of his intention with respect to the recommendation.

Continuing Contract

Teachers employed after completing the probationary period shall be entitled to continuing contracts during good behavior and competent service and prior to the age at which they are eligible or required to retire. Written notice of noncontinuation of the contract by either party must be given by June 15 of each year; otherwise the contract continues in effect for the ensuing year.

The School Board may reduce the number of teachers, whether or not such teachers have reached continuing contract status, because of decrease in enrollment or abolition of particular subjects.

Furthermore, nothing in the continuing contract shall be construed to authorize the School Board to contract for any financial obligation beyond the period for which funds have been made available.

As soon after June 15 as the school budget is approved by the appropriating body, the school board shall furnish each teacher a statement confirming continuation of employment, setting forth assignment and salary.

Within two weeks of the approval of the school budget by the appropriating body, 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 appropriating body.

Principals, Assistant Principals, and Supervisors

A person employed as a principal, assistant principal or supervisor, including a person who has previously achieved continuing contract status as a teacher, shall serve three years in such position in the same school division before acquiring continuing contract status as a principal, assistant principal or supervisor.

Continuing contract status acquired by a principal, assistant principal or supervisor shall not be construed:

1. as prohibiting the School Board from reassigning such principal, assistant principal or supervisor to a teaching position if notice of reassignment is given by the School Board by June 15 of any year or
2. as entitling any such principal, assistant principal or supervisor to the salary paid him as principal, assistant principal or supervisor in the case of any such reassignment to a teaching position. No such salary reduction and reassignment, however, shall be made without first providing such principal, assistant principal or supervisor with written notice of the reason for such reduction and reassignment and an opportunity to present his or her position at an informal meeting with the superintendent, the superintendent's designee or the School Board. Before recommending such reassignment, the superintendent shall consider, among other things, the performance evaluations for such principal, assistant principal, or supervisor. The principal, assistant principal or supervisor shall elect whether such meeting shall be with the superintendent, the superintendent's designee or the School Board. The School Board, superintendent or superintendent's designee shall determine what processes are to be followed at the meeting. The decision to reassign and reduce salary shall be at the sole discretion of the School Board.

The intent of this section is to provide an opportunity for a principal, assistant principal or supervisor to discuss the reasons for such salary reduction and reassignment with the superintendent, his designee or the School Board, and the provisions of this section are meant to be procedural only. Nothing contained herein shall be taken to require cause for the salary reduction and reassignment of a principal, assistant principal or supervisor.

As used in this policy, "Supervisor" means a person who holds an instructional supervisory provision as specified in the regulations of the Virginia Board of Education and who is required to hold a certificate as prescribed by the Virginia Board of Education.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-294, 22.1-303, 22.1-304.

Cross References

• GBM: Staff Complaints and Grievances
• GCB: Professional Staff Contracts
• GCE: Part-Time and Substiture Professional Staff Employment
• GCN: Evaluation of Professional Staff
• GCPA: Reduction in Professional Staff Work Force
• GCPB: Resignation of Professional Staff Members
• GCPD: Professional Staff Members: Contract Status and Discipline
• GCPF: Suspension of Staff Members

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GCI: PROFESSIONAL STAFF ASSIGNMENTS AND TRANSFERS

Principals and other supervisory personnel may submit recommendations to the superintendent for the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to their supervision.

Upon recommendation of the superintendent, the Smyth County School Board places all employees within the various schools and facilities located in the school division. The superintendent has the authority to assign such employees to their respective positions within the school or facility wherein they have been placed by the School Board.

The superintendent may also reassign any such employee for that school year to any school or facility within the division, provided no change or reassignment during a school year will affect the salary of such employee for that school year. However, no one will be employed in or reassigned to a situation where a family member, as defined in Policy GCCB Employment of Family Members, is directly responsible for that employee's supervision.

Any employee seeking a transfer of assignment to another work location for the next school year must make a request in writing to the superintendent or the superintendent's designee, with copies to the current supervisor. The administration shall develop procedures for the handling of voluntary teacher transfer requests. Teachers may request a change of assignment within the areas of their certification. A change of assignment within an immediate work setting is the responsibility of the immediate supervisor.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-293, 22.1-295, 22.1-297

Cross References

• GCCB: Employment of Family Members

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GCL: PROFESSIONAL STAFF DEVELOPMENT

The Smyth County School Board provides a program of high-quality professional development

1. in the use and documentation of performance standards and evaluation criteria based on student academic progress and skills for teachers and administrators to clarify roles and performance expectations and to facilitate the successful implementation of instructional programs that promote student achievement at the school and classroom levels;
2. as part of the license renewal process, to assist teachers and principals in acquiring the skills needed to work with gifted students, students with disabilities, and students who have been identified as having limited English proficiency and to increase student achievement and expand the knowledge and skills students require to meet the standards for academic performance set by the Virginia Board of Education;
3. in educational technology for all instructional personnel which is designed to facilitate integration of computer skills and related technology into the curricula;
4. for administrative personnel designed to increase proficiency in instructional leadership and management, including training in the evaluation and documentation of teacher and administrator performance based on student academic progress and the skills and knowledge of such instructional or administrative personnel; and
5. designed to educate School Board employees about bullying as defined in Va. Code § 22.1-276.01 and the need to create a bully-free environment.

In addition, the board provides teachers and principals with high-quality professional development programs each year in:

1. instructional content;
2. the preparation of tests and other assessment measures;
3. methods for assessing the progress of individual students, including Standards of Learning assessment materials or other criterion-referenced tests that match locally developed objectives;
4. instruction and remediation techniques in English, mathematics, science, and history and social science;
5. interpreting test data for instructional purposes;
6. technology applications to implement the Standards of Learning; and
7. effective classroom management.

• each elementary school principal and each teacher with an endorsement in early/primary education preschool through grade three, elementary education preschool through grade six, special education general curriculum kindergarten through grade 12, special education deaf and hard of hearing preschool through grade 12, special education blindness/visual impairments preschool through grade 12, or English as a second language preschool through grade 12, or as a reading specialist that builds proficiency in evidence-based literacy instruction
  and science-based reading research in order to aid in the licensure renewal process for such individuals;
• each teacher with an endorsement in middle education grades six through eight who teaches English that builds proficiency in evidence-based literacy instruction and science-based reading research; and
• each middle school principal and teacher with an endorsement in middle education grades six through eight who teaches mathematics, science, or history and social science that builds an awareness of evidence-based literacy
  instruction and science-based reading research

All instructional personnel are required to participate each year in professional development programs. No elementary or secondary school teacher is required to participate more than once every five years in training regarding appropriate management of student conduct and student offenses in violation of School Board policies or relating to secure mandatory test violations as set forth in Va. Code §§ 22.1-19.1 and 22.1-292.1 unless the School Board or superintendent determines that additional training is necessary to comply with federal or state law or to remediate misconduct. Each teacher who completes such training must sign a written attestation that the teacher has been trained in and understands the relevant subject matter.  Each instructional and support staff member is required to complete a mental health awareness or similar training.

Every employee holding a license issued by the Board of Education is required to complete cultural competency training, in accordance with guidance issued by the Board of Education, at least every two years. Each employee required to complete cultural competency training must complete at least one such training no later than the
beginning of the 2022-2023 school year.

The board annually reviews its professional development program for quality, effectiveness, participation by instructional personnel, and relevancy to the instructional needs of teachers and the academic achievement needs of the students in the school division.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-253.13:5, 22.1-276.01, 22.1-291.4,  22.1-298.6, 22.1-298.7, and 22.1-298.8.

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GCN: EVALUATION OF PROFESSIONAL STAFF

Every employee of the Smyth County School Board will be evaluated on a regular basis at least as frequently as required by law.

The superintendent assures that cooperatively developed procedures for professional staff evaluations are implemented throughout the division and included in the division's policy manual. 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 person being evaluated.

The primary purposes of evaluation are:

• to optimize student learning and growth;
• to contribute to the successful achievement of the goals and objectives of the division's educational plan;
• to improve the quality of instruction by ensuring accountability for classroom performance and teacher effectiveness;
• to provide a basis for leadership improvement through productive performance appraisal and professional growth;
• to implement a performance evaluation system that promotes a positive working environment and continuous communication between the employee and the evaluator that promotes continuous professional growth, leadership effectiveness, improvement of overall job performance and improved student outcomes; and
• to promote self-growth, instructional effectiveness, and improvement of overall professional performance.

Teacher, principal, and superintendent evaluations are consistent with the performance standards included in the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents. Evaluations shall include student academic progress as a significant component and an overall summative rating. Teacher evaluations include regular observation and evidence that instruction is aligned with the school's curriculum. Evaluations include identification of areas of individual strengths and weaknesses and recommendations for appropriate professional activities. Evaluations include an evaluation of cultural competency. 

Any teacher whose evaluation indicates deficiencies in managing student conduct may be required to attend professional development activities designed to improve classroom management and discipline skills.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-294, 22.1-295, 22.1-253.13:5, 22.1-253.13:7, 22.1-276.2, and 22.1-303.
• Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers (Virginia Board of Educatioapproved March 18, 2021)
• Guidelines for Uniform Performance Standards and Evaluation Criteria for Principals (Virginia Board of Education effective January 10, 2020)

Cross References

• CBG: Evaluation of the Superintendent
• GCG: Professional Staff Probationary Term and Continuing Contract

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GCPA: REDUCTION IN WORK FORCE–PROFESSIONAL STAFF

A decrease in enrollment, abolition of particular subjects, a decrease in the School Board’s budget as approved by the appropriating body, a consolidation of schools, the phasing out of programs, departments or grade levels and other conditions may cause a reduction in the number of staff needed in a building, program or department or in the entire school division. 

General reduction in total personnel and redistribution of personnel within designated programs is done in accordance with Reduction in Force (RIF) Guidelines established by the superintendent and reviewed and approved by the School Board. The Guidelines will not provide for reductions to be made solely on the basis of seniority; they will include consideration of the performance evaluations of the teachers potentially affected by the reduction in workforce. 

Adopted: February 9, 2009
Revised: April 12, 2021

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-304.

Cross References

• GCG Professional Staff Probationary Term and Continuing Contract

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GCPA-R: REDUCTION IN PROFESSIONAL STAFF WORK FORCE

If a reduction of professional staff is necessary, such reductions shall occur under the guidelines outlined below:

A. Definitions

Professional Employee

Those persons employed on a full-time basis in a position that requires them to hold a license as either a teacher, an administrator, a supervisor, and/or other related instructional position as defined by the State Board of Education under its rules and regulations.

Contract Status

Type of contract held, i.e., probationary or continuing.

Endorsements

Specific areas listed on a teaching certificate that authorize a person to teach specific subjects or grade levels in Virginia public schools.

Salary Classification

Classifications approved by the school board from which an employee's salary is derived.

Seniority

Seniority will be determined in the following order of priority:

1. Total length of continuous service in an endorsement area as a professional employee with Smyth County Public Schools. For purposes of this provision, "continuous service" shall be defined as the period of continuous, uninterrupted service from the date the employee assumed employment duties in his/her current position in the endorsement area required for that position. While time off for approved leaves of absences shall not count for seniority purposes, such leaves shall not be considered as an interruption of continuous service;
2. Total length of accumulated service in an endorsement area as a professional employee with Smyth County Public Schools. While an employee may be credited with service time in multiple endorsement areas, service credit will be earned only for actual service rendered in a given endorsement area;
3. Total years of service as a professional employee in the Commonwealth of Virginia; and
4. Total years of service as a professional employee in the United States.

For purposes of determining "seniority," for those professional employees who began employment with Smyth County Public Schools at the beginning of a school year, service shall be determined to have commenced on the date students first returned to school to begin the school year in which the professional employee was hired. For professional employees who began employment on a date after students first returned to school to begin the school year, service shall be determined to have commenced on the date the professional employee first reported to work.

B. Order of Reduction

If the School Board determines, upon recommendation of the Superintendent, that a reduction is necessary and should be accomplished through program elimination and/or the elimination of specific positions (either because the duties of the job shall be eliminated or combined with the duties of some other position(s)), then reduction shall occur by program and/or specific positions and professional employees employed in such eliminated program and/or specific positions shall be reduced based on seniority within contract status, and the procedures for reduction, as outlined in Section C of these regulations below, shall not otherwise apply.

If the School Board determines, upon recommendation of the Superintendent, that either a further reduction is necessary after eliminating one or more programs or one or more specific positions, or that a reduction is not best accomplished through program elimination and/or specific position elimination, then reduction shall occur division-wide by endorsement area based on seniority within contract status. In the event of equal seniority, the administration shall decide who will be reduced based on factors relating to the employee's job performance history and the employee's total contribution to school programs, both curricular and extracurricular. The contract status as of the date reduction is to be effective shall prevail. Continuing contract employees will be the last to be reduced within an endorsement area to be reduced. Probationary contract employees will be the first to be reduced within an endorsement area to be reduced. If a reduction is necessary and cannot be accomplished by program elimination or specific position elimination, then the procedures for reduction, as outlined in section C of these regulations below, shall be applied to all professional staff employees in the school division as a whole.

C. Procedures for Reduction

1. Under the direction of the Smyth County School Board, the Superintendent shall determine areas which must be reduced based on the needs and best interests of the school division. In accordance with state statutory notice requirements, the Superintendent shall inform those professional employees who may be affected by the recommended reduction and of the reasons for such reduction.
2. An employee who is reduced will be assigned to a vacancy within his or her areas of endorsement.
3. An employee who is reduced and not assigned to a vacancy will be assigned to a position held by the employee with the least seniority within his or her endorsement area.
4. The displacing employee shall be in the same or higher adopted salary classification as the employee to be displaced.
   1. Salary classifications shall be ranked by the amount of salary for minimum years of experience in the classifications in question, beginning with the lowest salary.
   2. All employees in an individual teacher salary classification, whether 10, 11, or 12 month employees shall be considered to be in a single classification, with years of experience as the only variable.
5. When an employee is reduced into a lower salary classification, he or she will be credited with all of his or her previous Smyth County Public School experience in the assigned classification including previous Smyth County Public School experience in a higher salary classification.
6. Employees who are reduced and cannot qualify for an existing vacancy or who are ineligible to be assigned to a displaced position based on seniority and licensure will be placed on the list of eligible substitutes and subject to call at the discretion of the particular principal or his or her designee. Group health and life insurance participation will be made available to a reduced employee during the recall period providing he/she pays the full cost of such insurance. When any position becomes available during the recall period for which a reduced employee qualifies, he or she will be offered the assignment. The recall period applies through December 31 of the year in which the RIF occurred.
7. When there is no remaining assignment available for a reduced employee, and the recall period has expired, he or she may be released from employment.

D. Reapplication

Employees released under the above procedures, and those released through program elimination or specific position elimination, who wish to be considered for employment with Smyth County Public Schools must reapply for a vacancy within the school division.

Adopted: February 9, 2009

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GCPB: RESIGNATION OF STAFF MEMBERS

The superintendent is authorized to approve resignations of employees. Any resignation must be in writing.

A teacher may resign after June 15 of any school year with the approval of the superintendent. The teacher shall request release from contract at least two weeks in advance of the intended date of resignation. Such request shall be in writing and state the cause of the resignation. The teacher may, within one week, withdraw a request to resign. Upon the expiration of the one week period, the superintendent shall notify the School Board of the decision to accept or reject the resignation. The School Board, within two weeks, may reverse the decision of the superintendent. In the event that the Board or the division superintendent declines to grant the request for release on the grounds of insufficient or unjustifiable cause, and the teacher breaches such contract, disciplinary action, which may include written reprimand, suspension, or revocation of the teacher's license, may be taken pursuant to regulations prescribed by the Board of Education.

Other employees who wish to terminate their employment must give notice at least ten school days prior to their desired separation date. Notice should be given to the employee’s immediate supervisor, who will inform the superintendent. The superintendent will inform the School Board of the resignation at its next regular meeting.

Legal References

• Code of Virginia, 1950, as amended, § 22.1-304.

Cross References

• GCPD: Professional Staff Members: Contract Status and Discipline
• GDB: Support Staff Employment Status

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GCPD: PROFESSIONAL STAFF DISCIPLINE

A. Probation and Dismissal

Teachers may be dismissed for incompetency, immorality, non-compliance with school laws and regulations, disability in accordance with State and federal law, conviction of a felony or a crime of moral turpitude or other good and just cause.

A teacher shall be dismissed if such teacher is or becomes the subject of a founded complaint of child abuse and neglect, pursuant to Va. Code § 63.2-1505, and after all rights to an appeal provided by Va. Code § 63.2-1526 have been exhausted. The fact of such finding, after all rights to an appeal provided by Va. Code § 63.2-1526 have been exhausted, shall be grounds for the School Board to recommend that the Virginia Board of Education revoke such person's license to teach.

In those instances when licensed personnel are dismissed or resign due to a conviction of any felony; any offense involving the sexual molestation, physical or sexual abuse or rape of a child; any offense involving drugs; or due to having become the subject of a founded case of child abuse or neglect, the School Board shall notify the Virginia Board of Education within 10 business days of such dismissal or the acceptance of such resignation.

If a current employee is dismissed because of information appearing on the employee’s criminal history record, the School Board shall provide a copy of the information obtained from the Central Criminal Records Exchange to the employee.

Administrative regulations shall be developed for the dismissal or placing on probation of continuing contract teachers and probationary teachers during the school year.

No teacher shall be dismissed or placed on probation solely on the basis of the teachers' refusal to submit to a polygraph examination requested by the School Board.

B. Suspension

C. Failure to Perform Non-Emergency Health-Related Services

With the exception of school administrative personnel and employees who have the specific duty to deliver health-related services, no licensed instructional employee, instructional aide, or clerical employee shall be disciplined, placed on probation, or dismissed on the basis of such employee's refusal to:

1. perform non-emergency health-related services for students or
2. obtain training in the administration of insulin and glucagon. However, instructional aides and clerical employees may not refuse to dispense oral medications.

"Health-related services" means those activities which, when performed in a health care facility, must be delivered by or under the supervision of a licensed or certified professional.

D. Effect of Probation Pursuant to Va. Code § 18.2-251

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

Legal References

• Code of Virginia, 1950, as amended, §§ 18.2-251, 22.1-274, 22.1-296.2, 22.1-307, 22.1-313, 22.1-315.

Cross References

• GBM: : Professional Staff Grievances
• GCE: Part-Time and Substitute Staff Employment
• GCG: Professional Staff Probationary Term and Continuing Contract
• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GCPF: Suspension of Staff Members
• JHC: Student Health Services and Requirements
• JHCD: Administering Medicines to Students

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GCPF: SUSPENSION OF STAFF MEMBERS

Employees of the Smyth County School Board, whether full-time or part-time, permanent or temporary, may be suspended for good and just cause

• • when the safety or welfare of the school division or the students therein is threatened or

• a felony; or
• a misdemeanor involving:
  • sexual assault as established in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, of the Code of Virginia,
  • obscenity and related offenses as established in Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2, of the Code of Virginia,
  • drugs as established in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, of the Code of Virginia,
  • moral turpitude, or
  • the physical or sexual abuse or neglect of a child;
  • or an equivalent offense in another state.

Except when an employee is suspended because of being charged by summons, warrant, indictment or information with the commission of any of the above-listed offenses, the superintendent or appropriate central office designee shall not suspend an employee for longer than sixty (60) days and shall not suspend an employee for a period in excess of five (5) days unless such employee is advised in writing of the reason for the suspension and afforded an opportunity for a hearing before the school board in accordance with Va. Code §§ 22.1-311 and 22.1-313, if applicable. Any employee so suspended shall continue to receive his then applicable salary unless and until the school board, after a hearing, determines otherwise. No employee shall be suspended solely on the basis of the employee's refusal to submit to a polygraph examination requested by the School Board.

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

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

If an employee is suspended because of information appearing on the employee’s criminal history record, the School Board provides a copy of the information obtained from the Central Criminal Records Exchange to the employee.

No employee will have his insurance benefits suspended or terminated because of suspension in accordance with this policy.

The placing of a school employee on probation pursuant to the terms and conditions of Va. Code § 18.2-251 shall be deemed a finding of guilt.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-296.2, 22.1-315.

Cross References

• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GDG: Support Staff Probationary Period
• GBMA: Support Staff Grievances
• GCPD: Professional Staff Discipline

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GCQA: NONSCHOOL EMPLOYMENT

School board employees may accept outside employment provided such employment does not interfere with or adversely affect their performance in the position for which they are employed. Employees may not use their positions in the school division to sell or solicit from pupils or their families while employed by the Smyth County School Board.

An employee who is on leave from the Smyth County School Board, in a paid or unpaid status, may not be employed by the School Board or any other employer in any capacity during the period of leave unless the leave is approved personal leave, vacation leave, or with the prior written authorization of the superintendent or superintendent's designee.

The School Board does not endorse, support, or assume liability for any activity conducted by School Board employees in which division students or employees participate which is not sponsored by the School Board.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross References

• BBFA: Conflict of Interests and Disclosure or Economic Interests
• GAA: Staff Time Schedules
• GAH: School Employee Conflict of Interests
• GCBE: Family and Medical Leave
• GCBEA: Leave Without Pay
• GCBEB: Military Leave and Benefits
• GCQAB: Tutoring for Pay
• GCQB: Staff Research and Publishing
• IICA: Field Trips

GCQAB: TUTORING FOR PAY

Staff members may not be paid by anyone other than the Smyth County School Board for tutoring students enrolled in a class under their direction.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross References

• GCQA: Nonschool Employment by Staff Members

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GCQB: PROFESSIONAL STAFF RESEARCH AND PUBLISHING

Ownership of Materials

The Board adopts the "work for hire doctrine," and shall have the copyright of all employees' work produced at the instance and expense of the Board and/or any of its administrative staff.

Works authored by employees on their own time, without expense to the Board, and without instruction, direction, or control of the employees' superiors are the copyright of the employees.

Waiver and Assignment of Proprietary Rights

Copyrights of the Board may be waived in favor of or assigned to the author by the Board upon application submitted to the Board through the superintendent.

The Board authorizes the superintendent to review materials prepared by employees for which the Board has no copyright, and to waive or assign all or part of any interest or proprietary rights therein which is alleged the Board may have, in favor of the employees producing such works.

Any materials copyrighted under this section shall be made available to Smyth County Public Schools at no charge to the system.

Work made for hire is defined as materials prepared by an employee in connection with his or her job duties, and it includes instructional texts, tests, answer sheets, and materials specifically commissioned.

Adopted: January 26, 2009

Legal References

• Title 17, Code (P.L. 94-552, 10/19/76) (Copyright law), Code of Virginia, 1950, as amended, § 22.1-78

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GD: SUPPORT STAFF

Support staff personnel are those employees who need not hold a license issued by the Virginia Department 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 instructional aide positions.

Adopted: January 26, 2009
Revised: July 9, 2012

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78

Cross References

• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GCPB: Resignation of Staff Members
• GCPF: Suspension of Staff Members
• GDB: Support Staff Employment Status

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GDB: SUPPORT STAFF EMPLOYMENT STATUS

Support staff may be issued written contracts but are not required to do so unless required by law. Annually, pay rate information regarding support staff employment will be provided to the employee and a copy will be filed in the employee's personnel file in the central office.

The school division employs three types of support staff.

1. Temporary employees who are hired for short-term needs on a daily or hourly basis. These employees do not receive benefits and are paid only for hours worked.
2. Probationary employees who are fully qualified new employees assigned to authorized positions. These employees, if full-time, are eligible for salary increases and receive benefits. Upon successful completion of the probationary period, the employee will move to regular status.
3. Regular employees who have successfully completed the prescribed probationary period and if full-time will be eligible for all employment benefits available under School Board policy. Such employees will maintain regular employment status while serving a probationary period in a new position following a transfer to a new department or a promotion to a higher position.

Adopted: December 14, 2009
Revised: July 9, 2012
Revised: June 10, 2013

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78

Cross References

• GDG: Support Staff Probationary Period
• GCDA: Effect of Criminal Conviction or Founded Complaint of Child Abuse or Neglect
• GBMA: Support Staff Grievances
• GCPF: Suspension of Staff Members

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GDBA: SUPPORT STAFF SALARY SCHEDULES

The School Board shall annually approve a salary schedule for support staff personnel.

Adopted: January 26, 2009

Legal References

• Code of Virginia, 1950, as amended, § 22.1-78

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GDD: SUPPORT STAFF HIRING

Procedures shall be developed for filling vacancies or new positions to insure that all openings have been properly advertised to give all interested parties the opportunity to be considered.

Application for employment shall be in writing and on forms provided by the Central Office. Applications for all support staff positions will be received and processed by the Central Office. A personal interview is required as a prerequisite to employment.

It shall be the responsibility of the applicant to furnish accurate information and any falsification of either information or credentials shall be cause for dismissal or refusal to employ.

Adopted: March 23, 2009

Legal References

• Code of Virginia, 1950, as amended, §§ 2.2-3119, 22.1-70, 22.1-78.

Cross References

• GCCB: Employment of Family Members

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GDG: SUPPORT STAFF PROBATIONARY PERIOD

The probationary period for all support staff positions is 90 days.

Employees who have successfully completed the probationary period for one position will serve another probationary period if they move to another position.

Adopted: February 9, 2009
Revised: July 9, 2012

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-78, 22.1-79.6.

Cross References

• GBMA: Support Staff Personnel Complaints and Grievances
• GD: Support Staff
• GDB: Support Staff Employment Status

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GDI: SUPPORT STAFF ASSIGNMENTS AND TRANSFERS

Support staff shall be assigned to positions for which their qualifications meet the needs of the school division's operations.

Support staff personnel may request a transfer to a position within their area of competence and for which they are qualified. Support staff personnel may be transferred to positions for which their qualifications best meet the needs of the school division.

Adopted: January 26, 2009
Revised: May 10, 2010

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78.

Cross References

• GA: Personnel Policies Goals
• GD: Support Staff
• GDB: Support Staff Employment Status
• GDG: Support Staff Probationary Period

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GDN: EVALUATION OF SUPPORT STAFF

Every employee of the Smyth County School Board is evaluated on a regular basis.

The superintendent ensures that cooperatively developed procedures for support staff evaluations are implemented within the division. 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 primary purposes of evaluation and assistance are:

• to optimize student learning and growth;
• to contribute to the successful achievement of the goals and objectives of the school division;
• to provide a basis for improvement through productive performance appraisal and professional growth;
• to implement a performance evaluation system that promotes a positive working environment, continuous communication between the employee and the evaluator that promotes continuous professional growth, and improvement of overall job performance and improved student outcomes; and
• to promote self-growth and improvement of overall professional performance.

Legal References

• Code of Virginia, 1950, as amended, §§ 22.1-70, 22.1-78, 22.1-313, 22.1-253.13:7.C.7, 22.1-253.13:7.

Cross References

• CBG: Evaluation of the Superintendent
• GCN: Evaluation of the Professional Staff
• GD: Support Staff
• GDB: Support Staff Employment Status
• GDG: Support Staff Probationary Period
• GCPF: Suspension of Staff Members

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GDPA: REDUCTION IN WORK FORCE–SUPPORT STAFF

The Smyth County School Board shall, in its discretion, determine when and if a reduction in support staff work force (RIF) is necessary. For purposes of this policy, "support staff" is defined as any employee other than a "professional employee" as defined in Policy GD. A RIF may be required and implemented because of any one or more of the following conditions affecting school division operations: a decrease in enrollment; insufficient student program demand; lack of sufficient funding by the appropriating body; declining revenues; a budget reduction or adjustment resulting in decreased or insufficient funds; the consolidation of schools; the phasing out of programs, departments or grade levels; expiration of special grants; and other conditions that may cause a reduction in the number of staff needed in a building, program or department, or in the entire school division.

In the event a RIF is necessary with respect to support staff, the Superintendent, or his designee, shall develop a proposal and make a recommendation to the School Board to carry out such RIF in the manner deemed to be in the best interests of the division. Any reduction and redistribution of personnel shall be done in accordance with regulations adopted by the School Board.

Adopted: February 9, 2009

Cross References

• GD: Support Staff

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GDPA-R: REDUCTION IN SUPPORT STAFF WORK FORCE

If a reduction of support staff is necessary, such reductions shall occur under the guidelines outlined below:

A. Definitions

Support Staff Employee

Any employee other than a "professional employee" as defined in Policy GD.

Salary Classification

Classifications approved by the school board from which an employee's salary is derived.

Seniority

Seniority will be determined in the following order of priority:

1. Total length of continuous, uninterrupted service as an employee of the Smyth County School Board. For purposes of this policy, "continuous service" shall be defined as the period of continuous, uninterrupted service from the date the employee started employment in his/her current position. While time off for approved leaves of absences shall not count for seniority purposes, such leaves shall not be considered as an interruption of continuous service;
2. Total length of accumulated service as an employee of the Smyth County Public Schools; and
3. Total years of service as an employee of a school board in the Commonwealth of Virginia.

For purposes of determining "seniority," for those support staff employees who began employment with Smyth County Public Schools at the beginning of a school year, service shall be determined to have commenced on the date students first returned to school to begin the school year in which the support staff employee was hired. For support staff employees who began employment on a date after students first returned to school to begin the school year, service shall be determined to have commenced on the date the support staff employee first reported to work.

B. Order of Reduction

If the School Board determines, upon recommendation of the Superintendent, that a reduction is necessary and should be accomplished through program elimination and/or the elimination of specific positions (either because the duties of the job shall be eliminated or combined with the duties of some other position(s)), then reduction shall occur by program and/or specific positions and support staff employees employed in such eliminated program and/or specific positions shall be reduced based on seniority within either the program or specific positions, and the procedures for reduction, as outlined in section C of these regulations below, shall not otherwise apply.

If the School Board determines, upon recommendation of the Superintendent, that either a further reduction is necessary after eliminating one or more programs or one or more specific positions, or that a reduction is not best accomplished through program elimination and/or specific position elimination, then reduction shall occur division-wide by job classification (e.g. bus driver, custodian, instructional aide, etc) based on seniority. In the event of equal seniority, the administration shall decide who will be reduced based on factors relating to the employee's job performance history and the employee's total contribution to school programs. If a reduction is necessary and cannot be accomplished by program elimination or specific position elimination, then the procedures for reduction, as outlined in section C of these regulations below, shall be applied to all support staff employees by job classification in the school division as a whole.

The Superintendent, or his designee, shall identify those support staff positions that are vital to the effective and efficient operation of the school division. Those positions declared vital by the Superintendent, or his designee, shall be exempt from application of the procedures outlined in this regulation.

C. Procedures for Reduction

1. Under the direction of the Smyth County School Board, the Superintendent shall determine areas which must be reduced based on the needs and best interests of the school division.
2. An employee who is reduced will be assigned to a vacancy within his or her job classification.
3. An employee who is reduced and not assigned to a vacancy will be assigned to a position held by the employee with the least seniority within his or her job classification.
4. The displacing employee shall be in the same or higher adopted salary classification as the employee to be displaced.
1. Salary classifications shall be ranked by the amount of salary for minimum years of experience in the classifications in question, beginning with the lowest salary.
2. All employees in an individual salary classification, whether 10, 11, or 12 month employees shall be considered to be in a single classification, with years of experience as the only variable.
5. When an employee is reduced into a lower salary classification, he or she will be credited with all of his or her previous Smyth County Public School experience in the assigned classification including previous Smyth County Public School experience in a higher salary classification.
6. Employees who are reduced and cannot qualify for an existing vacancy or who are ineligible to be assigned to a displaced position based on seniority will be eligible for recall if a position within the employee's job classification becomes available during the recall period. The recall period applies through December 31 of the year in which the RIF occurred. Group health and life insurance participation will be made available to a reduced employee during the recall period providing he/she pays the full cost of such insurance.
7. When there is no remaining assignment available for a reduced employee, and the recall period has expired, he or she may be released from employment.

D. Reapplication

Employees released under the above procedures, and those released through program elimination or position elimination, who wish to be considered for employment with Smyth County Public Schools must reapply for a vacancy within the school division.

Adopted: February 9, 2009

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GDQ: SCHOOL BUS DRIVERS

Eligibility for Employment

Any applicant for employment operating a school bus transporting pupils must:

1. have a physical examination of a scope prescribed by the Virginia Board of Education and furnish a form prescribed by the Virginia Board of Education showing the results of such examination;
2. furnish a statement or copy of records from the Department of Motor Vehicles showing that the applicant, within the preceding five years, has not been convicted of a charge of driving under the influence of alcohol or drugs, convicted of a felony or assigned to any alcohol safety action program or driver alcohol rehabilitation program pursuant to Va. Code § 18.2-271.1 or, within the preceding 12 months, has not been convicted of two or more moving traffic violations or required to attend a driver improvement clinic by the Commissioner of the Department of Motor Vehicles pursuant to Va. Code § 46.2-498;
3. furnish a statement signed by two reputable persons who reside in the school division or in the applicant's community that the person is of good moral character;
4. exhibit a license showing the person has successfully undertaken the examination prescribed by Va. Code § 46.2-339;
5. have reached the age of 21 on the first day of the school year;
6. submit to testing for alcohol and controlled substances as required by state and federal law and regulation.

Persons for whom registration with the Sex Offender and Crimes Against Minors Registry is required are not eligible for employment as a school bus driver.

Persons hired as school bus drivers must annually furnish the documents listed in (a) and (b) by the date requested by the Transportation Department as a condition of continued employment as a school bus operator.

The Smyth County School Board may require proof of current certification or training in emergency first aid, cardiopulmonary resuscitation, and the use of an automated external defibrillator as a condition of employment to operate a school bus transporting pupils.

The Smyth School Board does not employ drivers subject to controlled  substances and alcohol testing required by federal law without first conducting a preemployment query of the federal Drug and Alcohol Clearinghouse (the Clearinghouse) to obtain information about the driver. Drivers must give specific consent for the query.

No driver is permitted to perform any safety-sensitive function if the results of a Clearinghouse query demonstrate that the driver has a verified positive, adulterated, or substituted controlled substances test result; has an alcohol confirmation test with a concentration of 0.04 or higher; has refused to submit to a test; or that an employer has reported actual knowledge that the driver used alcohol on duty, used alcohol before
duty, used alcohol following an accident, or used a controlled substance in violation of federal regulations, except where a query of the Clearinghouse demonstrated that the driver has successfully completed the substance abuse professional (SAP) evaluation, referral, and education/treatment process required by federal regulation; achieves a negative return-to-duty test result; and completes the follow-up testing plan prescribed by the SAP.

The School Board also conducts a query of the Clearinghouse at least once per year for information for all employees subject to controlled substance and alcohol testing required by federal law and regulation to determine whether information exists in the Clearinghouse about these employees.Drug and Alcohol Testing

Drug and Alcohol Testing

Prohibited conduct

Drivers are prohibited from alcohol possession and/or use on the job, use during the four hours before performing safety-sensitive functions, having prohibited concentrations of alcohol in their systems while on duty or performing safety-sensitive functions, and use during eight hours following an accident or until after undergoing 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 licensed medical practitioner who is familiar with the driver's medical history and has advised the driver that the substance does not adversely affect his ability to safely operate a commercial motor vehicle.

Notification

The superintendent or superintendent’s designee is responsible for providing educational materials to drivers that explain the requirements of federal regulations and the divisions’ policies and procedures with regard to meeting those requirements.1 The superintendent or superintendent’s designee ensures that a copy of the materials is
distributed to each driver prior to the start of testing and to each driver subsequently hired or transferred into a position requiring driving a commercial vehicle. Those materials contain at least the following information:

• the identity of the person designated by the school division to answer driver
  questions about the materials;
• the categories of drivers subject to this policy;
• sufficient information about the safety-sensitive functions performed by those drivers to make clear what period of the work day the driver is required to be in compliance;
• specific information concerning driver conduct that is prohibited;
• the circumstances under which a driver will be tested for alcohol and/or controlled substances, including post-accident testing;
• the procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver, including post-accident information, procedures  and instructions;
• the requirement that a driver submit to alcohol and controlled substances tests;
• an explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;
• the consequences for drivers found to have violated federal law or regulations, including the requirement that the driver be immediately removed from safety-sensitive functions;
• the consequences for drivers found to have an alcohol concentration of 0.02 or greater but less than 0.04;
• information concerning the effects of alcohol and controlled substances use on an individual’s health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver’s or a co-worker’s); and available methods of intervening when an alcohol or a controlled substances problem is
  suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
• the requirement that the following personal information be reported to the Clearinghouse: a verified positive, adulterated, or substituted drug test result; an alcohol confirmation test with a concentration of 0.04 or higher; a refusal to submit to required tests; an employer’s report of actual knowledge of on duty alcohol use, pre-duty alcohol use, post-accident alcohol use, and controlled substance use; a SAP report of the successful completion of the return-to-duty process; a negative return-to-duty test; and an employer’s report of completion of
  follow-up testing.

Each driver must sign a statement certifying that the driver has received a copy of the above materials and the division maintains this signed copy.

Before performing each alcohol or controlled substances test, the division will notify the driver that the test is required by federal law or regulation.

Consequences of Prohibited Conduct

A driver who has engaged in conduct prohibited by federal regulation or for whom testing confirms prohibited alcohol concentration levels or the presence of a controlled substance is removed immediately from safety-sensitive functions. Before a driver is returned to the performance of safety-sensitive functions, if at all, the driver shall undergo an evaluation by a substance abuse professional as defined by 49 C.F.R. §40.281 ,c, comply with any required rehabilitation and undergo a return-to-duty test with negative drug test results and/or an alcohol test with an alcohol concentration of less than 0.2.

Record Retention

The division maintains records in compliance with the federal regulations in a secure location with controlled access. With the driver's consent, the division may obtain any of the information concerning drug and alcohol testing from the driver's previous employer. A driver is 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.

Records shall be made available to a subsequent employer upon receipt of a written request from a driver. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the driver's request.

Legal References

• 49 U.S.C. § 31136
• 49 CFR §§40.305, 382.105, 382.113, 382.201, 382.205, 382.207, 382.213, 382.217, 382.301, 382.303, 382.405, 382.601, 382.605, 382.701.
• Code of Virginia, 1950, as amended, § 22.1-178 46.2-339, 46.2-340.

Cross References

• GBEA: Unlawful Manufacture, Distribution, Dispensing, Possession or Use of a Controlled Substance

© 2/20 VSBA, Back to Top

GZ: NATIONAL BOARD CERTIFICATION APPLICATION

The Smyth County School Board will pay $300 toward the application fee for personnel seeking National Board Certification as well as a yearly supplement for employees with National Board Certification. Employees may also receive professional development days for participants to attend related workshops.

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GZA: Substance Abuse

Statement of Purpose

Schools are responsible for providing and maintaining an environment in which students are protected from drugs and drug-related activities. This environment must be conducive to wholesome living and effective learning. Schools are aiding and assisting parents in seeking a solution for this problem, but the parents have the first and ultimate responsibility for governing the actions of their children.

Reporting Substance Abuse by Teachers and Staff

All teachers and other staff members shall be responsible for reporting to the principal any evidence of substance abuse. Immunity from liability for school personnel who investigate or report drug abuse is provided in section 8.01-47 of the Code of Virginia. When a teacher or staff member suspects the misuse of drugs because of a student's behavior or marked difference in his daily functioning, the principal shall be notified.

Faculty Briefing on Drug Abuse Policy

Each school faculty shall be briefed on the problem of substance abuse and the implementation of this policy.

Personnel Responsibility

It is expected that all teachers and employees of Smyth County schools convey by their actions and teachings, that they do not condone or encourage substance abuse by students. The result of any proven illegal action relative to substance abuse by any Smyth County School Board employee will be grounds for immediate dismissal.

Publications

Any publication or other printed matter which advocates the illegal use of drugs or portrays the use of drugs as acceptable behavior are prohibited from distribution on school property.

Monitoring School Buildings and Grounds

Principals and such staff members as the principal may designate shall routinely monitor all areas of buildings and grounds, including parking lots, and any adjacent areas. Any trespassing or other suspicious activity shall be reported to law enforcement authorities.

Revised: March 12, 2018

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GZG: Family and Medical Leave

Leave and Entitlement

An eligible employee is entitled, pursuant to the Family and Medical Leave Act (FMLA), to unpaid leave for a combined total of twelve (12)* weeks in a 12-month period for the following situations:

1. The birth and care of a newborn child;
2. The adoption or foster placement of a child with the employee;
3. To care for an employee’s spouse, parent, or child with a serious health condition;
4. A serious health condition that makes the employee unable to perform the functions of the employee’s job;
5. For qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is on active duty or call to active duty status as a member of the Armed Forces, including National Guard or Reserves.

*Eligible employees may take up to 26 weeks of unpaid leave in a single 12-month period to care for a spouse, child, parent or next of kin who is a covered service member with a serious injury or illness.

To be eligible for leave under this policy the employee must have at least twelve (12) months of employment with the Smyth County School Board (School Board) and have worked at least 1250 hours in the twelve months preceding the commencement of the leave. Full-time teachers are presumed to meet the 1250-hour test, but their satisfaction of the hours worked requirement can be rebutted. The Director of Human Resources will provide an eligibility and rights and responsibilities notice to any employee requesting FMLA leave within five (5) work days of notice that the employee needs leave for a potentially FMLA-qualifying reason.

To determine how much FMLA leave an employee has available, the School Board uses the "rolling 12-month period method." Any leave qualifying and designated as FMLA leave taken within the 12 months prior to the start of requested leave reduces the amount of FMLA leave currently available, regardless of the qualifying reason(s) for either leave.

To the extent an employee is entitled to paid leave under other School Board policies, such paid leave shall be used concurrently with FMLA leave. Once any paid leave is exhausted, any remaining FMLA leave is unpaid.

If a workers’ compensation injury or illness qualifies as a serious health condition under the FMLA, all absences arising out of that serious health condition will be counted against the employee’s 12-week FMLA entitlement.

Types of Leave

Leave for Birth, Adoption or Foster Placement of a Child: Upon request, an eligible employee shall be granted FMLA leave for the purpose of caring for a newborn or newly adopted child or the Smyth County Schools placement of a foster child with the employee. The employee’s entitlement to leave for a birth, adoption or foster placement of a child expires at the end of the twelve (12) month period beginning on the date of the birth, adoption or foster placement. All FMLA leave for birth and care, or placement for adoption or foster care, must be taken within 12 months of the birth, adoption or placement. Leave taken for the birth, adoption or foster placement of a healthy child may be taken intermittently or on a reduced leave schedule only if the employee’s supervisor, in consultation with the Director of Human Resources, agrees to such an arrangement and consistent with the parameters outlined below.

Serious Health Condition of Employee: FMLA leave is available for an eligible employee’s serious health condition. A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that requires either (i) inpatient care in a hospital, hospice, or residential medical care facility, or (ii) continuing treatment by or under the supervision of a health care provider. The nature of the condition generally must be such that it either caused a period of incapacity requiring absence from work, school, or other regular daily activities for more than 3 calendar days and in-person treatment by a health care provider. Serious health condition also includes pregnancy and prenatal care and chronic, permanent or long-term conditions that require periodic or continuing treatments and may include substance abuse treatment. To qualify for medical leave for an employee's own serious health condition, the condition must make the employee unable to perform essential functions of his or her position. Employees may, when medically necessary, take such leave on an intermittent or reduced leave schedule except as provided below.

Serious Health Condition of Child, Spouse or Parent of Employee: FMLA leave shall be provided when an eligible employee is needed to care for his/her spouse, child or parent with a serious health condition, as defined above. Employees may, when medically necessary, take such leave on an intermittent or reduced leave schedule except as provided below. Parent does not include parent-in-law.

Qualifying Exigency Leave: As provided in 825.126, an eligible employee may take up to a total of 12 workweeks of unpaid leave during a single 12-month period for qualifying exigencies arising out of the fact the employee’s spouse, child, or parent is on covered active duty, or has been notified of an impending federal call or order to covered active duty.

Serious Injury or Illness of a Service Member: An eligible employee who is a spouse, child, parent, or next of kin of a covered service member with a serious injury or illness may take up to a total of 26 workweeks of unpaid leave during a single 12-month period if needed to care for the service member. A covered service member is (1) a current member of the Armed Forces including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on temporary disability retired list, for a serious injury or illness or (2) a veteran undergoing medical treatment, recuperation or therapy for serious injury or illness. A serious injury or illness is one (1) incurred in the line of duty on active duty or that existed before active duty and was aggravated by service in the line of duty and (2) may render the service member unfit to perform the duties of his or her office, grade, rank, or rating. An eligible employee is limited to a combined total of 26 workweeks of leave for any FMLA-qualifying Smyth County Schools reason during the single 12-month period. (Only 12 of the 26 weeks total may be for a FMLA-qualifying reason other than to care for a covered service member.)

Rules for Intermittent and Reduced Schedule Leave: Intermittent and/or reduced schedule leave may be used until the aggregate amount of such leave equals twelve weeks. Except for FMLA for qualifying exigencies, intermittent or reduced schedule leave must be certified by a health care provider as medical necessary. Intermittent or reduced schedule leave is available for birth, adoption or foster placement only if the School Board agrees. An employee using intermittent or reduced schedule leave must make reasonable efforts to schedule treatments so as not to unduly disrupt the School Board’s operations.

If an instructional employee requests intermittent or reduced leave for planned medical treatment for more than 20% of the total number of work days a week, the employee may be required to elect either to (1) take leave for a particular duration of time, not greater than the duration of the planned treatment, or (2) be transferred to an alternative but equal position. An instructional employee is a teacher, but not an instructional assistant, a curriculum specialist, a counselor, or another administrator or specialist.

Under certain circumstances, the School Board may assign an employee to an alternative position with equivalent pay and benefits if that better accommodates the employee’s intermittent or reduced schedule leave.

Rules for Married Employees who are both Employed by the School Board: Married employees who are both eligible for FMLA leave and are employed by the School Board shall be granted FMLA leave for a combined total of twelve weeks per year when the leave is taken for the birth, foster placement, adoption of a child or to care for the child after birth, adoption or foster placement, or to care for a parent with a serious health condition (or 26 weeks if leave to care for a covered service member with a serious injury or illness is also used).

Employee Notice of the Need for Leave: Employees must provide at least thirty (30) days’ notice of the need for FMLA leave if the need for leave is foreseeable. If the need for the leave is not foreseeable, the employee or his/her designee must give notice as soon as is practicable. In requesting leave, employees shall not be required to use the words family and medical leave, but shall provide sufficient information to make the employee’s supervisor or the Human Resources Department aware of the need for the leave. The Human Resources Department shall inquire further of the employee if it is necessary to determine whether FMLA leave applies. Employees are expected to consult with the Director of Human Resources when planning treatments, and to make reasonable efforts to schedule treatments so as not to unduly disrupt School Board operations.

Certification of the Need for Leave: The School Board may require, and the employee must provide, certification of the need for FMLA leave. Such certification shall be forms provided by the Human Resources Department. The employee will be allowed at least fifteen (15) days to provide the required certification. If any required medical certifications are not timely provided, leave may be denied until the certification is provided. The medical certification for the employee’s personal illness must identify the nature of the illness, the date the illness began and the projected return-towork date. For leave to care for a child, spouse, or parent, the medical certification must include an estimate of the amount of time the employee is needed to provide care.

At the discretion of the Director of Human Resources and the School Board’s expense, a second medical opinion may be required. Any dispute between the two opinions shall be resolved by the opinion of a third, jointly selected provider and paid for by the School Board. Any re-certification requested by the School Board shall be at the employee’s expense.

Designation of Leave: The Director of Human Resources or designee shall decide whether the employee is eligible and qualifies for FMLA leave. Leave shall be designated as qualifying for FMLA leave and the employee provided a response within five (5) business days of receipt of sufficient information to determine whether the leave qualifies for FMLA. The response shall be on forms provided by the DOL and shall inform the employee that paid leave shall be used concurrently with FMLA leave.

Benefits During FMLA Leave: Employees may continue their health insurance coverage for the duration of FMLA leave. During FMLA that is paid leave, there is no change in the procedure used by employees to pay for health insurance coverage. Once in unpaid status or if pay is insufficient to cover the employee’s share of premiums, the employee must submit a check for the amount of the employee’s portion of the health insurance premium (for dependents or self, if any) in order to continue coverage. Employees who fail to timely submit payment may lose health insurance coverage.

Employees who fail to return to work for the School Board for at least thirty (30) days upon the expiration of FMLA leave may be required to reimburse the School Board for the cost of health premiums paid by the School Board on behalf of the employee or the employee’s family while the employee was on unpaid FMLA leave unless the employee qualifies for an exemption under the Family and Medical Leave Act. Such employees, however, shall be eligible to continue health insurance coverage under COBRA from the point at which they notify the school system that they will not be returning to employment. When an employee whose coverage has already terminated during FMLA due to the employee’s failure to make the required premium payments fails to return to work, the employee shall have no entitlement to continued health insurance coverage under COBRA.

Return to Work: An employee on FMLA leave shall provide the School Board at least two (2) work days notice of the intent to return to work. The employee shall be returned to the same or equivalent position at the end of FMLA leave unless the School Board shows the employee would not otherwise have been employed at the time reinstatement is requested. An employee who does not plan to return to work shall notify Human Resources as soon as the decision is made but no later than at the expiration of the leave. Failure to return to work with Smyth County Schools without giving notice at the expiration of the leave without good cause may result in an unsatisfactory service separation.

In order to minimize disruption to instruction, if an instructional employee requests FMLA leave that would begin or end three weeks or less from the end of a term, the School Board may prescribe certain rules about the timing of the employee’s return to work.

The School Board may require a fitness for duty certification prior to an employee’s return to work if FMLA leave was occasioned by the employee’s own serious health condition.

For additional information about the FMLA, please see the notices posted in the Human Resources Department and in individual schools, as well as the Department of Labor’s regulations at 34 C.F.R. § 825.100 et seq.

Adopted: December 13, 2018

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GZH: Reprimand, Suspension, Demotion, or Dismissal

The Smyth County School Board may reprimand, suspend, demote or dismiss an employee for reasonable cause including, but not limited to, the following:

1. Absence without notification; excessive absence or tardiness; abuse of illness leave privileges;
2. Discourteous, offensive or abusive conduct or language toward other employees, students or the public;
3. Unethical or obscene actions, gestures or statements toward other employees, students or any other person while on division property, during working hours, or at any time and place to the extent the conduct may adversely affect the operations of the division or the employee's fitness to perform his or her duties;
4. Dishonesty, including violations of the Virginia Conflict of Interest Act.
5. Possessing, using, transmitting, addiction to or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcoholic beverage, chemical, controlled substance or intoxicant of any kind not prescribed by a physician, while on duty or while on division property at any time as an employee;
6. Falsifying any information supplied to the school division including, but not limited to, information supplied on application forms, employment records or any other school division records;
7. Incompetency or inefficiency in the performance of duties including, but not limited to, failure to follow or carry out instructions or failure to perform a job assignment in a satisfactory manner; For the purpose of this policy, "incompetency" is defined as "including consistent failure to meet the endorsement requirements for the position or performance that is documented through evaluation to be consistently less than satisfactory."
8. Insubordination including, but not limited to, refusal to promptly perform assigned work;
9. Failure to possess a valid driver's license when it is a requirement of the position;
10. Failure to follow division policies, safety regulations, procedures or practices or failure to report conditions or situations which could be injurious to personnel or equipment;
11. Provoking, instigating or participating in a fight or scuffle on division property or while on duty;
12. Temporary or permanent removal, use or possession of division property without proper authorization;
13. Conduct by an employee at any time or in any place which may adversely affect the health, safety or welfare of students or personnel, the operation of the division or the employee's fitness to perform his or her duties.
14. Conviction of a criminal offense as outlined in 5.18 of this policy manual.
15. Refusal to submit to drug and alcohol testing as prescribed under the Omnibus Transportation Employee Testing Act and Virginia Department of Transportation and Federal Highway Administration regulations.
16. Inappropriate use of school property, such to include credit cards, charge accounts and/or abuse of fiduciary responsibility.
17. Violation of the confidentiality provisions contained in policy section 5.58.

School Bus Drivers

The Smyth County School Board will maintain zero tolerance for inappropriate action taken by school bus drivers, and/or the failure of a school bus driver to take appropriate action, such creating an environment in which students safety is threatened, or a risk to public safety is created.

Additional grounds for dismissal of a school bus driver will include, although not necessarily limited to the following:

1. Conviction of driving in excess of the legal speed limit for buses.
2. Conviction of operating a school bus in a reckless manner.
3. Leaving a student on board a bus due to failure to complete the post-trip inspection.
4. Involvement in an accident for which failure to perform the required pre-trip inspection was a contributing factor.
5. Failure to promptly and appropriately report any accident, incident, or situation in which a student may have sustained an injury while a passenger on a school bus, or in which property damage has occurred.
6. Conviction of driving a motor vehicle under the influence of alcohol or drugs.

All provisions of Section 5.15 Policy GZH will continue to apply to bus drivers just as to all school board employees.

Written notice must be provided to an employee stating the reasons for disciplinary action.

Adopted: December 13, 2018

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GZI: Uniform Hiring of Teachers

Phase One covers employment sought for the next school year and covers the period from the beginning of the current school year to the close of business on April 14 of the current school year. The end of the phase on April 14 corresponds to the provisions of Section 22.1- 304 of the Code of Virginia allowing written notice of non-continuation of contract by April 15. If April 14 ends on a Saturday, Sunday, or legal holiday, the end of Phase One will be the last administrative working day prior to the Saturday, Sunday, or legal holiday.

During phase one, a teacher may apply and be interviewed for employment for the next school year in other school divisions without notice to or permission from the Smyth County School Board.

During phase one, a teacher accepting employment in another division for the next school year must resign by giving written notice to the Smyth County School Board. The notice should specify that the resignation is applicable for the next school year only.

Phase Two begins on April 15 and ends of May 31 or the date the teacher contract is final, whichever is later. The contract is final when the date of signature and, at a minimum, the salary terms are finally known.

During Phase Two, teachers, whether probationary or continuing contract, may seek employment and file applications for the next school year with other school divisions. Teachers may seek employment during this phase without notification to the Smyth County School Board.

During Phase Two, the prospective employer may offer a contract without proof of release from contract from the Smyth County School Board. The teacher must obtain a written release from the contract with the current employer prior to signing a contract with the prospective employer. Releases should be liberally granted during this phase.

Phase Three begins on June 1 or the date the salary is finally set by the local school board, whichever occurs later. In Phase Three, the contract is a firm and binding obligation on the teacher and the school division.

During Phase Three, teachers may seek employment and file applications for the next school year with other school divisions; however, a prospective employer should not offer a contract to any teacher during Phase Three until the teacher has secured a written release from the contract with the Smyth County School Board, and a teacher should not accept a contract until a written release has been secured.

The Smyth County School Board at its discretion, may release a teacher from the contract. The Board will release teachers for good cause.

Good cause is determined by the Smyth County School Board. It should reflect a consideration of all the factors affecting both the employee and the school board. Factors in determining good cause may include the employee's reason for leaving, contractual terms and agreements, and the overall effect of the resignation on the employee and the school division.

In the event the Smyth County School Board declines to grant a request for release from a contract on the grounds of insufficient or unjustifiable cause, and the teacher breaches or expresses an intent to breach the contract, the school board may, within 30 days of the breach, file a petition with the Board of Education setting forth all the facts in the case and requesting that the teacher's license be suspended for the next school year or apply other remedies appropriate under law or contract.

Adopted: December 13, 2018

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GZJ: Virginia Education Association Delegates

Professional leave may be granted by the superintendent for a maximum of two days for elected delegates to the annual convention of the Virginia Education Association. The location of the meeting and the convention schedule will determine the amount of time approved.

Adopted: December 13, 2018

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GZK: Tuition—Staff Development/Relicensure

The Smyth County School Board will pay the tuition for professional personnel taking graduate-level classes to renew licensure, staff development purposes, and provisionally licensed teachers under the following conditions:

1. Two three-hour graduate level courses during the 10-year renewal period per professional employee.
2. Courses approved by the superintendent for specific identified needs of the school system and/or staff development.
3. Two three-hour courses required for a provisionally licensed teacher in order to obtain a 10-year renewable license
4. Any exception to this policy will require prior approval of the superintendent.

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GZL: Jury Duty/Court Subpoena

Leave with pay shall be granted if an employee is called to serve on jury duty, or subpoenaed to attend court pertaining to school board business. Payment made for jury service will be returned to the county. Payment made for travel will be retained by the employee.

Adopted: December 13, 2018

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GZM: Sabbatical Leave

The Smyth County School Board may grant an academic year sabbatical leave to licensed personnel.

Acceptable Purposes

1. Full time study in a planned program.
2. Related work in education which would enhance the employee's professional credentials.
3. Full time approved educational travel.
4. Accompany spouse who may be on sabbatical leave.

Provisions

1. Must be a tenured teacher/administrator with three consecutive years experience in Smyth County.
2. No salary while on sabbatical.
3. Return to same, comparable, or better position.
4. May continue health insurance coverage at the employee's expense.
5. One year of experience granted for salary purposes.
6. All requests in writing with supporting documentation (e.g., statement of acceptance into planned program) to superintendent by May 15 preceding academic year sabbatical requested.
7. Sabbatical leave must be recommended by the superintendent and approved by the school board.

Adopted: December 13, 2018

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GZQ: Drug-Free Workplace Policy

The unlawful manufacture, dispensing, possession, use, and/or distribution of alcohol and illicit drugs, including anabolic steroids by an employee of the Smyth County School Board is prohibited.

Drug-Free Awareness

Drug abuse in the workplace has major adverse effects on the welfare of all citizens of the United States, and it results in lost productivity each year. Employees who use illegal drugs have three to four times more accidents while at work.

Employees with drug abuse problems are encouraged to seek help. Employees desiring more information on the dangers of drug abuse in the workplace and those employees needing drug counseling, rehabilitation, or other employee assistance should contact any of the following for assistance.

1. Alcohol/Narcotics Anonymous 783-9005
2. Smyth County Community Hospital 782-1234
3. Smyth County Health Department 781-7460
4. Smyth County Mental Health Clinic 783-8185
5. Transitions 783-9005

Employees will be referred to the appropriate resource for available counseling, rehabilitation or other assistance.

Notice of Potential Personnel Action for Illegual Drug Use On-the-Job

Penalties may be imposed upon employees for drug use violations occurring in the workplace.

1. The superintendent shall request that a drug screening test be performed on any employee who demonstrates reasonable suspicion to be under the influence of drugs or alcohol in the workplace. Failure to comply with this request or a positive determination of drug use will result in the appropriate personnel action up to and including termination.
2. Employees must notify this employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. The Smyth County School Board certifies that it will notify any agency requiring a Smyth County Schools drug-free workplace certification, within ten days after receiving such notice, either from an employee or otherwise, of such a conviction.
3. Within 30 days of receiving notice of any criminal drug statute conviction for a violation occurring in the workplace, The Smyth County School Board will take appropriate personnel action against such employee, up to and including termination; or within 30 days of receiving notice of any criminal drug statute conviction for a violation occurring in the workplace, the board may require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.

Employee Assistance

Employees voluntarily seeking assistance for a substance abuse problem will not be disciplined as a result of their disclosure of prior drug or alcohol use and treatment by a substance abuse specialist will be handled in confidence. An employee may not avoid discipline for violation of the drug-free workplace policy by participating in a treatment program unless he or she does the following:

1. Volunteers for such treatment prior to being confronted by a supervisor concerning violation of the drug-free workplace policy.
2. Successfully adheres to requirements of and completes the prescribed treatment program.
3. Does not thereafter engage in conduct violating this policy regarding use of alcohol, illegal drugs, and unauthorized prescription drugs.

In the case of employees returning to work after successful completion of a treatment program, the school system reserves the right to test for controlled substances and alcohol on a random or periodic basis, for one year after the employee's return to work.

Adopted: December 13, 2018

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GZN: Compensation for Substitute Personnel

After ten (10) consecutive working days as a substitute for a specific employee on extended leave, the substitute will receive the level of compensation to which he/she, based on certification, would earn as a full-time, regular employee at step zero (0) on the current Smyth County School Board Pay Scale. The substitute, as a temporary employee, will not be entitled to any additional benefits to which regular, full-time employees are entitled, except as prescribed by law.

Adopted: December 13, 2018

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GZO: Employee Dress Policy Statement

The Smyth County School Board, in keeping with its philosophy of providing quality education and encouraging professional staff to present themselves as role models, hereby establishes a standard of dress which requires each employee of the school system to dress appropriately for the position and/or activity in which she/he is engaged. Staff will dress in a manner as to avoid any health or safety problems or any disruption to the educational process.

Adopted: December 13, 2018

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GZP: Employee Identification Badges

In order to secure compliance with the requirements of the Virginia School Safety Audit and as a security measure, each school employee will be issued an identification badge.

This badge is to be worn by all employees at all times while working on school board property. The identification badge will also be used when making on-site school board and/or school-related purchases. Additionally, the identification badge will be necessary for the employee to be admitted free of charge to events in which students participate and are sponsored by any of the schools in the Smyth County school district.

Adopted: December 13, 2018

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