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YISD Employee Handbook - Ysleta Independent School District ...

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<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong>Executive CabinetRicardo LopezArea I Associate SuperintendentSusanna RussellArea II Associate SuperintendentDr. Tom MillerArea III Associate SuperintendentTBAAssociate Superintendent of FinanceJerry MolinoskiAssociate Superintendent of Human ResourcesTBAAssociate Superintendent of AcademicsDana DeRouenExecutive Director of Administrative ServicesGloria ChavezChief Technology OfficerMike WilliamsDirector of AthleticsScott ThorsonDirector of Fine ArtsPatricia AyalaDirector of Public RelationsJR MartinezDirector of Security and SafetyAnn M. MillerBoard LiaisonMonica ThorntonExecutive Assistant to Superintendentii


Office of the Superintendent ............................................................ 434-0031Internal Auditor ................................................................................ 434-0040Public Relations ................................................................................ 434-0698Mail/Printing Services...................................................................... 434-0140Volunteer Services .......................................................................... 434-0694Area I, Del Valle, Riverside and <strong>Ysleta</strong> ................................................ 434-0063Area II, Bel Air and Eastwood .............................................................. 434-0065Area III, Parkland and Hanks ............................................................... 434-0067Technology Information Systems ..................................................... 434-1000Finance System ............................................................................. 434-1029Student System (SASI) .................................................................. 434-1030Applications Support ...................................................................... 434-1010Network Services ........................................................................... 434-1064Telecommunications/Operations ..................................................... 434-1085Security & Safety ................................................................................ 434-0190Athletics .............................................................................................. 434-0630Division of Academics ....................................................................... 434-0843Assessment, Research, Evaluation and Accountability................... 434-0710Advanced Academics...................................................................... 434-0543AVID................................................................................................ 434-0543Bilingual Education/ESL/Dual Language ........................................ 434-0760Career and Technology Education .................................................. 434-0657Department of Elementary Education ............................................. 434-0600Department of Secondary Education .............................................. 434-0540Dyslexia Program ............................................................................ 434-0572Early Education ............................................................................... 434-0570Federal Programs ........................................................................... 434-0790Fine Arts .......................................................................................... 434-9715Health Services .............................................................................. 434-0810Guidance, Counseling & Student Advocacy Services ..................... 434-0748Instructional Media/Technology ...................................................... 434-0671JROTC ............................................................................................ 434-0731Library Services .............................................................................. 434-0675Magnet <strong>School</strong>s/Small Learning Communities ................................ 434-0551Math and Science Education .......................................................... 434-0601Office of Competitive Grants ........................................................... 434-0512Professional Development .............................................................. 434-0560Pupil and Parent Services ............................................................... 434-0743Division of Finance ............................................................................ 434-0050Accounting ...................................................................................... 434-0253Student Attendance Accounting ...................................................... 434-0213iii


Records Management ..................................................................... 434-0211Budgeting Services ......................................................................... 434-0220Purchasing Services ....................................................................... 434-0285Payroll Services .............................................................................. 434-0270Division of Operations ....................................................................... 434-0074ACAC/Building Events ..................................................................... 434-0160ACAC/Custodians ........................................................................... 434-0161Facilities/Construction ..................................................................... 434-0108Warehouse Services ....................................................................... 434-1791Maintenance ................................................................................... 434-1791Energy Managers ............................................................................ 434-0055Food and Nutrition ........................................................................... 434-0120Transportation ................................................................................. 434-1729Division of Human Resources ......................................................... 434-0401Personnel ....................................................................................... 434-0441Employment/Compensation ........................................................... 434-0435<strong>Employee</strong> Relations ....................................................................... 434-0411Risk Management .......................................................................... 434-0460Fraud, Abuse & Waste Hotline .......................................................... 595-4367<strong>YISD</strong> Tip Line ...................................................................................... 434-0111iv


Table of ContentsIntroduction ..................................................................................................... 1<strong>District</strong> Information ....................................................................................... 1Description of the <strong>District</strong> ............................................................................. 1Vision Statement .......................................................................................... 2<strong>District</strong> Goals and Core Beliefs .................................................................... 2Board of Trustees ........................................................................................ 3Employment ..................................................................................................... 5Equal Employment Opportunity ................................................................... 5Job Vacancy Announcements ...................................................................... 5Employment after Retirement ...................................................................... 5Contract and Non-contract Employment ...................................................... 5Searches and Alcohol and Drug Testing ...................................................... 6Health Safety Training.................................................................................. 7Reassignments and Transfers ..................................................................... 7Workload and Work Schedules .................................................................... 8Notification of Parents Regarding Qualifications .......................................... 8Outside Employment and Tutoring ............................................................... 9Performance Evaluation ............................................................................... 9<strong>Employee</strong> Involvement ............................................................................... 10Staff Development ..................................................................................... 10Compensation and Benefits ......................................................................... 10Salaries, Wages, and Stipends .................................................................. 10Pay Statements .......................................................................................... 11Automatic Payroll Deposit .......................................................................... 11Payroll Deductions ..................................................................................... 11Overtime Compensation ............................................................................ 11Travel Expense Reimbursement ................................................................ 12Health, Dental, and Life Insurance ............................................................. 12Supplemental Insurance Benefits .............................................................. 13Cafeteria Plan Benefits (Section 125) ........................................................ 13Workers’ Compensation Insurance ............................................................ 13Unemployment Compensation Insurance .................................................. 14Teacher Retirement ................................................................................... 14Other Benefit Programs ............................................................................. 14Leaves and Absences ................................................................................... 15Personal Leave .......................................................................................... 16State Sick Leave ........................................................................................ 17v


Local Leave................................................................................................ 17Sick Leave Bank ........................................................................................ 18Temporary Disability Leave........................................................................ 18Family and Medical Leave ......................................................................... 19Workers’ Compensation Benefits ............................................................... 23Assault Leave ............................................................................................ 24Jury Duty .................................................................................................... 24Other Court Appearances .......................................................................... 24Military Leave ............................................................................................. 24USERRA .................................................................................................... 25Job Abandonment ...................................................................................... 26<strong>Employee</strong> Relations and Communications ................................................. 27<strong>Employee</strong> Recognition and Appreciation ................................................... 27<strong>District</strong> Communications ............................................................................ 27Complaints and Grievances ....................................................................... 27Definitions .................................................................................................. 28Specific Complaints ................................................................................... 29Other Review Processes............................................................................ 29Notice to <strong>Employee</strong>s .................................................................................. 29Freedom from Retaliation........................................................................... 29Whistleblower Complaints .......................................................................... 30General Provisions ..................................................................................... 30Consolidation ............................................................................................. 30Untimely Filing ........................................................................................... 30Initiating Grievance .................................................................................... 30Level One................................................................................................... 30Level Two................................................................................................... 31Level Three ................................................................................................ 31Binding Arbitration ...................................................................................... 33Closed Meeting .......................................................................................... 33<strong>Employee</strong> Conduct and Welfare ................................................................... 33Standards of Conduct ................................................................................ 33Code of Ethics ............................................................................................ 34Enforceable Standards .............................................................................. 34Suspension ................................................................................................ 37Discrimination, Harassment & Retaliation .................................................. 37Harassment of Students ............................................................................ 43Reporting Suspected Child Abuse ............................................................. 47Child Sexual Abuse .................................................................................... 49Technology Resources .............................................................................. 49Personal Use of Electronic Media .............................................................. 50vi


Use of Electronic Media with Students ....................................................... 51Alcohol and Drug-Abuse Prevention .......................................................... 53Fraud and Financial Impropriety ................................................................ 55Conflict of Interest ...................................................................................... 55Gifts and Favors ......................................................................................... 56Prizes, Gifts and Gift Certificates ............................................................... 56Associations and Political Activities ........................................................... 56Charitable Contributions ............................................................................ 57Dress and Grooming .................................................................................. 57Cell Phone Use .......................................................................................... 57Safety ......................................................................................................... 57Tobacco Use .............................................................................................. 58Criminal History and Background Checks .................................................. 58<strong>Employee</strong> Arrests and Convictions ............................................................ 58Possession of Firearms and Weapons ...................................................... 59Visitors in the Workplace............................................................................ 59Copyrighted Materials ................................................................................ 59Asbestos Management Plan ...................................................................... 60Pest Control Treatment .............................................................................. 60General Procedures ...................................................................................... 60Bad Weather Closing ................................................................................. 60Emergencies .............................................................................................. 61Purchasing Procedures .............................................................................. 61Name and Address Changes ..................................................................... 61Personnel Records .................................................................................... 61Building Use ............................................................................................... 62Car Rental/Auto Liability Insurance ............................................................ 62Termination of Employment ......................................................................... 62Resignations .............................................................................................. 62Dismissal or Non-renewal of Contract <strong>Employee</strong>s ..................................... 63Dismissal of Non-contract <strong>Employee</strong>s ....................................................... 63Exit Interviews and Procedures .................................................................. 64Reports to the Texas Education Agency .................................................... 64Reports Concerning Court-Ordered Withholding ....................................... 64Student Issues ............................................................................................... 65Equal Education Opportunities ................................................................... 65Student Records ........................................................................................ 65Parent and Student Complaints ................................................................. 66Administering Medication to Students ........................................................ 66Dietary Supplements .................................................................................. 66vii


Psychotropic Drugs .................................................................................... 66Student Conduct & Discipline ..................................................................... 67Student Attendance ................................................................................... 67Bullying ...................................................................................................... 67Hazing ........................................................................................................ 67<strong>Employee</strong> <strong>Handbook</strong> Receipt ...................................................................... 69Acceptable Use Guidelines Receipt ............................................................ 70Personal Use of Electronic Media Receipt .................................................. 71Use of Electronic Media with Students Receipt .......................................... 73<strong>School</strong> Calendar ........................................................................................ 77Campus Directory ...................................................................................... 78Index ............................................................................................................... 84viii


INTRODUCTIONThe <strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong> stands as a monument to perseveranceand determination in its commitment to providing a quality education. Thesuccess of our students is our primary concern; all that we do is centered aroundthat goal. To perform our duties effectively and to help our students achievesuccess, it is important that all employees be aware of the policies andprocedures that relate to their positions.The purpose of this handbook is to provide information that will help withquestions and pave the way for a successful year. Not all <strong>District</strong> policies andprocedures are included. Those that are have been summarized. Suggestions foradditions and improvements to this handbook are welcome and may be sent tothe <strong>Employee</strong> Relations Department.This handbook is neither a contract nor a substitute for the official <strong>District</strong> policymanual. Nor is it intended to alter the at-will status of noncontract employees inany way. Rather, it is a guide to and a brief explanation of <strong>District</strong> policies andprocedures related to employment. These policies and procedures can change atany time; these changes shall supersede any handbook provisions that are notcompatible with the change. For more information, employees may refer to thepolicy codes that are associated with handbook topics, confer with theirsupervisor, or call the appropriate <strong>District</strong> office. Policy manuals are located oneach campus and in each division office. They are available for employee reviewduring normal working hours and are accessible on the <strong>District</strong>’s web page atwww.yisd.netDISTRICT INFORMATIONFrom its beginnings in the 1930s as a rural education district with one highschool and a handful of middle and elementary schools, the <strong>Ysleta</strong> <strong>Independent</strong><strong>School</strong> <strong>District</strong> has grown into one of the major school districts in the state withover 40,000 students and 6000 administrators, teachers and staff. The <strong>District</strong>has 62 campuses, which sprawl through an urban area stretching from northeastEl Paso to the east and southeast areas of the city. A nationally recognized areaof historic missions, homes and Indian settlements can be found within the<strong>District</strong>'s boundaries. Within the Mission Trail can be found structures dating backto the early 1600s and which are among the oldest examples of Europeancolonization in the United States.The <strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong> is known across the state and nationallyfor its educational initiatives, as evidenced by its being chosen for the past 2years as a finalist for the Broad Prize, given to the one district nationwide whichbest exemplifies educational excellence. The <strong>District</strong> takes great pride in itshighly qualified faculty and staff, who are dedicated to implementing theseprograms and delivering a world-class education to all of our students. With thatin mind, the <strong>District</strong> makes every effort to ensure that our teachers and support1


staff have the guidance, assistance and encouragement to lead our students toacademic excellence.Vision Statement and <strong>District</strong> GoalsPolicy AE AE (Exhibit)All students who enroll in our schools will graduate from high school, fluent in twoor more languages, prepared and inspired to continue their education in a fouryearcollege, university or institution of higher education so that they becomesuccessful citizens in their community.Goals:Curriculum/InstructionGoal 1: Improve student learning and performance through curriculum alignmentand technology integration.1.1 Ensure that both district and campus improvement plans includestrategies to utilize technology to improve student performance.1.2 Ensure that both district and campus improvement plans includestrategies to improve performance of all sub-populations, including Englishlearners and students served by Special Education and Dyslexia.1.3 Ensure that both district and campus improvement plans use data todrive instruction, especially in mathematics and science.1.4 Ensure that both district and campus improvement plans includeliteracy-based strategies to improve student achievement in reading andwriting.1.5 Conduct a study regarding the need to expand the International<strong>School</strong>s Model.1.6 Develop a plan to align foreign language courses district-wide.1.7 Conduct a study of PSAT/SAT/Accuplacer to ensure students arecollege ready.<strong>School</strong> SafetyGoal 2: All students will be educated in learning environments that areappropriate, safe, drug and violence-free, and conducive to learning.2.1 Ensure that both district and campus improvement plans includestrategies to ensure learning environments are safe and free of bullying,intimidation, and distractions.2


2.2 Develop and implement a plan to deter risky and dangerous studentbehavior.2.3 Maintain security surveillance program and ensure program operateseffectively 24/7.2.4 Develop a traffic study with recommendations for each of thecampuses, including bus and parent drop off areas.Community RelationsGoal 3: Build strong relationships with students, families, and the business andcivic community to increase trust and shared responsibility.3.1 Develop and implement a plan to improve public relationscommunications and marketing strategies.3.2 Develop and implement a plan to increase opportunities forcommunity members to provide input, including increasing the number ofcommunity meetings.3.3 Develop and implement a plan to utilize social media to communicatethe <strong>District</strong>’s goals and accomplishments.3.4 Develop and implement a comprehensive plan to train volunteercoordinators.Board of TrusteesPolicies BA, BB series, BD series, and BE seriesTexas law grants the Board of Trustees the power to govern and oversee themanagement of the <strong>District</strong>’s schools. The Board is the policy-making body withinthe <strong>District</strong> and has overall responsibility for the curriculum, school taxes, annualbudget, employment of the superintendent and other issues relating toprofessional staff and facilities. The Board has complete and final control overschool matters within limits established by state and federal law and regulations.The Board of Trustees is elected by the citizens of the <strong>District</strong> to represent thecommunity’s commitment to a strong educational program for the <strong>District</strong>’schildren. Board members are elected in intervals and serve four-year terms.Board members serve without compensation, must be registered voters, andmust reside in the <strong>District</strong>.3


EMPLOYMENTEqual Employment OpportunityPolicies DAA, DIAThe <strong>Ysleta</strong> ISD does not discriminate against any employee or applicant foremployment because of race, color, religion, gender, national origin, age,disability, military status, genetic information, or on any other basis prohibited bylaw. Additionally, the district does not discriminate against an employee orapplicant who acts to oppose such discrimination or participates in theinvestigation of a complaint related to a discriminatory employment practice.Employment decisions will be made on the basis of each applicant’s jobqualifications, experience, and abilities.<strong>Employee</strong>s with questions or concerns relating to discrimination for any of thereasons listed above should contact the Director of Administrative Services at(915) 434-0411.Job Vacancy AnnouncementsPolicy DCAnnouncements of job vacancies by position and location or pool postings areadvertised on a regular basis and posted at the central administration building,campus offices, and on the <strong>District</strong>’s website.Employment After RetirementPolicy DCIndividuals receiving retirement benefits from the Teacher Retirement System(TRS) may be employed in limited circumstances on a full- or part-time basiswithout affecting their benefits, according to TRS rules and state law. <strong>Employee</strong>scan contact TRS for additional information by calling 800-223-8778 or 512-542-6400. Information is also available on the TRS Web Site (www.trs.state.tx.us).Contract and Noncontract EmploymentPolicy DC seriesState law requires the <strong>District</strong> to employ all full-time professional employees inpositions requiring a certificate from the State Board for Educator Certification(SBEC) and nurses under probationary, term, or continuing contracts.<strong>Employee</strong>s in all other positions are employed at-will or by a contract that is notsubject to the procedures for nonrenewal or termination under Chapter 21 of theTexas Education Code. The paragraphs that follow provide a general descriptionof the employment arrangements used by the <strong>District</strong>.Probationary contracts. Nurses and full-time professional employees new tothe <strong>District</strong> and employed in positions requiring SBEC certification must receive aprobationary contract during their first year of employment. Former employees5


transport 16 or more people, counting the driver; drivers of large vehicles; ordrivers of vehicles used in the transportation of hazardous materials. Teachers,coaches, or other employees who primarily perform duties other than driving aresubject to testing requirements when their duties include driving a commercialmotor vehicle.Drug testing will be conducted before an individual assumes drivingresponsibilities. Alcohol and drug tests will be conducted when reasonablesuspicion exists, at random, and as a follow up measure. Testing will beconducted following accidents.All employees are required to have a CDL or who otherwise are subject toalcohol and drug testing will receive a copy of the <strong>District</strong>’s policy, the testingrequirements, detailed information on alcohol and drug abuse, and access to the<strong>Employee</strong> Assistance Program (EAP). <strong>Employee</strong>s with questions or concernsrelating to alcohol and drug policies and related educational material shouldcontact Risk Management (915) 434-0482.Health Safety TrainingPolicies DBA, DMACertain employees who are involved in physical activities for students mustmaintain and submit to the <strong>District</strong> proof of current certification in first aid andcardiopulmonary resuscitation (CPR), the use of an automated externaldefibrillator (AED), concussion, and extracurricular athletic activity safety.Certification must be issued by the American Red Cross, the American HeartAssociation, or another organization that provides equivalent training andcertification. <strong>Employee</strong>s subject to this requirement must submit their certificateto: Coaches to the Athletic Director; Nurses to the Coordinator of HealthServices; and HS Band Directors to the Director of Fine Arts. Information onTexas Education Agency (TEA) requirements is available on the TEA websitehttp//ritter.tea.state.tx.us/taa/health042109.html.Reassignments and TransfersPolicy DKAll personnel are subject to assignment and reassignment by the superintendentor designee when the superintendent determines that the assignment orreassignment is in the best interest of the <strong>District</strong>. Reassignment is a transfer toanother position, department, or facility that does not necessitate a change in theemployment contract. Campus reassignments must be approved by the principalat the receiving campus except when reassignments are due to enrollment shiftsor program changes. Extracurricular or supplemental duty assignments may bereassigned at any time. <strong>Employee</strong>s who object to a reassignment may follow the7


child’s teacher. NCLB also requires that parents be notified if their child has beenassigned, or taught for four or more consecutive weeks (or 20 consecutive days)by, a teacher who is inappropriately certified and is not highly qualified.Texas law requires that parents be notified if their child is assigned for more than30 consecutive instructional days to a teacher who does not hold an appropriateteaching certificate. This notice is not required if parental notification under NCLBis sent. Inappropriately certified or uncertified teachers include individuals on anemergency permit (including individuals waiting to take a certification exam) andindividuals who do not hold any certificate or permit. Information relating toteacher certification will be made available to the public upon request.<strong>Employee</strong>s who have questions about their certification status can call the<strong>District</strong>’s Certification Supervisor at (915) 434-0414.Outside Employment and TutoringPolicy DBD<strong>Employee</strong>s who wish to accept outside employment or engage in other activitiesfor profit must submit a written request to their supervisor. Approval for outsideemployment will be determined by the Campus Principal or DepartmentSupervisor and based on whether outside employment interferes with the dutiesof the regular assignment. The written request should include the type of work,the location of the job, the days/hours required for that outside employment andany other pertinent information to assist in determining whether or not the outsideemployment interferes with the duties of the regular assignment. Teachers arenot allowed to privately tutor their students for pay, except during the summermonths.Performance EvaluationPolicy DN SeriesEvaluation of an employee’s job performance is a continuous process thatfocuses on improvement. Performance evaluation is based on an employee’sassigned job duties and other job related criteria. All employees will participate inthe evaluation process with their assigned supervisor as outlined in <strong>District</strong> policyand regulation DNA-R. Written evaluations will be completed on forms approvedby the <strong>District</strong>. Reports, correspondence, and memoranda also can be used todocument performance information. All employees will receive a copy of theirwritten evaluation, participate in a performance conference with their supervisor,and have the opportunity to respond to the evaluation.Any document evaluating the performance of a teacher or administratoremployed under a Chapter 21 contract is confidential.9


<strong>Employee</strong> InvolvementPolicies BQA, BQBAt both the campus and <strong>District</strong> levels, <strong>Ysleta</strong> ISD offers opportunities for input inmatters that affect employees and influence the instructional effectiveness of the<strong>District</strong>. As part of the <strong>District</strong>’s planning and decision-making process,employees are elected to serve on <strong>District</strong>- or campus-level advisory committees.Plans and detailed information about the shared decision-making process areavailable in each campus office or from Division of Academics at (915) 434-0843.Staff DevelopmentPolicy DMAStaff development activities are organized to meet the needs of employees andthe <strong>District</strong>. Staff development for instructional personnel is predominantlycampus-based, related to achieving campus performance objectives, addressedin the campus improvement plan (CIP), and approved by a campus-leveladvisory committee. Staff development for non-instructional personnel isdesigned to meet specific licensing requirements (e.g., bus drivers) andcontinued employee skill development.Individuals holding renewable SBEC certificates are responsible for obtaining therequired training hours and maintaining appropriate documentation.COMPENSATION AND BENEFITSSalaries, Wages, and StipendsPolicy DEA, DEAA<strong>Employee</strong>s are paid in accordance with administrative guidelines and anestablished pay structure. The <strong>District</strong>’s pay plans are reviewed by theadministration each year and adjusted as needed. All <strong>District</strong> positions areclassified as exempt or nonexempt according to federal law. Professional andadministrative employees, including academic administrators, are generallyclassified as exempt and are paid monthly salaries. They are not entitled toovertime compensation. Other employees are generally classified as nonexemptand are paid an hourly wage or salary and receive compensatory or overtime payfor each hour worked beyond 40 hours in a workweek. (See OvertimeCompensation, page 11.)All employees will receive written notice of their pay and work schedules beforethe start of each school year. Classroom teachers, full-time librarians, full-timenurses, and full-time counselors will be paid no less than the minimum statesalary schedule. Contract employees who perform extracurricular orsupplemental duties may be paid a stipend in addition to their salary according tothe <strong>District</strong>’s extra-duty pay schedule.10


<strong>Employee</strong>s should contact the <strong>District</strong>’s Compensation Supervisor at (915) 434-0437 for more information about the <strong>District</strong>’s pay schedules or their own pay.Pay StatementsAncillary employees are paid every 2 weeks. All other employees are paidmonthly.Pay statements are delivered via personal <strong>YISD</strong> email accounts. <strong>Employee</strong>swithout <strong>YISD</strong> email access will receive printed copies of their pay statements.Pay statements will not be released to any person other than the <strong>District</strong>employee named on the check without the employee’s written authorization.An employee’s payroll statement contains detailed information includingdeductions, withholding information, and the amount of leave accumulated.Automatic Payroll DepositThe <strong>District</strong> requires all new employees to sign up for direct payroll deposit. Anotification period of one month is necessary to activate this service. Contact thepayroll department in the Business Office at (915) 434-0270 for more informationabout the automatic payroll deposit service.Payroll DeductionsPolicy CFEAThe district is required to make the following automatic payroll deductions: Teacher Retirement System of Texas (TRS) Federal income tax Medicare tax (applicable only to employees hired after March 31,1986.)Part-time, seasonal, temporary, and retire/rehirees who are not eligible for TRSmembership must contribute to a FICA alternative plan.Other payroll deductions that employees may elect include deductions for theemployee’s share of premiums for health, dental, life, and vision insurance;annuities; higher education savings plans; and loan payments to the Teacher’sFederal Credit Union only. <strong>Employee</strong>s may also request payroll deductions forpayment of membership dues to professional organizations. Salary deductionsare automatically made for unauthorized or unpaid leave.Overtime CompensationPolicy DEAThe <strong>District</strong> compensates overtime for non-exempt employees in accordancewith federal wage and hour laws. All employees are classified as exempt or non-11


exempt for purposes of overtime compensation. Professional and administrativeemployees are ineligible for overtime compensation. Only non-exemptemployees (hourly employees and paraprofessional employees) are entitled toovertime compensation. Non-exempt employees are not authorized to workbeyond their normal work schedule without prior approval from their supervisor.Overtime is legally defined as all hours worked in excess of 40 hours ina work week and is not measured by the day or by the employee’sregular work schedule. Nonexempt employees that are paid on a salarybasis are paid for a 40-hour workweek and do not earn additional payunless they work more than 40 hours. For the purpose of calculatingovertime, a workweek begins at 12:01 a.m. Saturday and ends atmidnight Friday.Compensatory time off in lieu of overtime payment will be the <strong>District</strong>’sstandard method of compensating for overtime unless there is a prioragreement between the employer and the employee for overtimecompensation. <strong>Employee</strong>s may be compensated for overtime at timeand-a-halfrate with compensatory time off (comp time) or direct pay.The following applies to all nonexempt employees:<strong>Employee</strong>s can accumulate up to 60 hours of comp time with priorapproval from their supervisorComp time must be used in the duty year that it is earned.Use of comp time may be at the employee’s request with supervisorapproval as workload permits, or at the supervisor’s direction.An employee will be required to use comp time before using availablepaid leave (e.g., sick, personal, vacation).Weekly time sheets will be maintained on all nonexempt employees forthe purpose of wage and salary administration.Travel Expense ReimbursementPolicy DEEBefore any travel expenses are incurred by an employee, the employee’ssupervisor must give approval. For approved travel, employees will bereimbursed for mileage and other travel expenditures according to the currentrate schedule established by the <strong>District</strong>. <strong>Employee</strong>s must submit receipts, to theextent possible, to be reimbursed for expenses other than mileage.Health, Dental, and Life InsurancePolicy CRDGroup health insurance coverage is available to all full-time employees. The<strong>District</strong>’s contribution to employee insurance premiums is determined annually bythe Board of Trustees. Detailed descriptions of insurance coverage, prices, and12


eligibility requirements are provided to all employees in the <strong>Employee</strong> HealthBenefit booklet issued to each employee at the New <strong>Employee</strong> Orientation.The health insurance plan year is from January through December. Newemployees must complete enrollment forms within the first 30 days ofemployment. Current employees can make changes in their insurance coverageduring the annual open enrollments generally held in October and/or when aqualifying event occurs. <strong>Employee</strong>s should contact Risk Management at 434-0460 for more information.Supplemental Insurance BenefitsPolicy CRDAt their own expense, employees may enroll in supplemental insuranceprograms such as dental, vision, and disability optional life, to name a few. Allhealth benefit premiums are payroll deducted. <strong>Employee</strong>s should contact RiskManagement at 434-0460 for more information.Cafeteria Plan Benefits (Section 125)<strong>Employee</strong>s may be eligible to participate in the Cafeteria Plan (Section 125) and,under IRS regulations, must either accept or reject this benefit. This plan enableseligible employees to pay certain insurance premiums on a pretax basis (i.e.,disability, medical, vision, and dental). A third-party administrator handlesemployee claims made on these accounts.New employees must accept or reject this benefit during their first month ofemployment. All employees must accept or reject this benefit on an annual basisand during the specified time period.Workers’ Compensation InsurancePolicy CREThe <strong>District</strong>, in accordance with state law, provides workers’ compensationbenefits to employees who suffer a work-related illness or are injured on the job.The Workers’ Compensation program is self-funded. Benefits include paymentsfor approved medical treatment and indemnity wages for time lost away fromwork directly resulting from a compensable workers’ compensation injury orillness. Specific benefits are prescribed by law depending on the circumstancesof each case. A third party administrator handles all workers’ compensationclaims for the <strong>District</strong>.All work-related accidents or injuries must be reported immediately to your directsupervisor before the end of your shift. <strong>Employee</strong>s who are unable to work due toa work-related injury will be notified of their rights and responsibilities under the13


Texas Labor Code. See Workers’ Compensation benefits, page 23 forinformation on use of paid leave for such absences.Unemployment Compensation InsurancePolicy CRF<strong>Employee</strong>s who have been laid off or terminated through no fault of their ownmay be eligible for unemployment compensation benefits. <strong>Employee</strong>s are noteligible to collect unemployment benefits during regularly scheduled breaks in theschool year or the summer months if they have employment contracts orreasonable assurance of returning to service. <strong>Employee</strong>s with questions aboutunemployment benefits should contact Risk Management at 434-0460.Teacher RetirementAll personnel employed on a regular basis for at least four and one-half monthsare members of the Teacher Retirement System of Texas (TRS). Substitutes notreceiving TRS service retirement benefits who work at least 90 days a year arealso eligible for TRS membership and to purchase a year of creditable service.TRS provides members with an annual statement of their account showing alldeposits and the total account balance for the year ending August 31, as well asan estimate of their retirement benefits.<strong>Employee</strong>s who plan to retire under TRS should notify TRS as soon as possible.Information on the application procedures for TRS benefits are available fromTRS at Teacher Retirement System of Texas, 1000 Red River Street, Austin,TX 78701-2698, or call 800-223-8778 or 512-542-6400. TRS information is alsoavailable on the Web (TRS Home Page, www.trs.state.tx.us). See page 5 forinformation on restrictions of employment of retirees in Texas public schools.Other Benefit ProgramsPolicy DECRetirement Benefit. <strong>District</strong> employees whose most recent date of hire (orrehire) was on or before August 31, 1996, who retire under the TeacherRetirement System of Texas shall be eligible for the following benefits:1. The eligible employee shall receive payment for accumulated sick leaveas provided below, after documentation is given to the <strong>District</strong> by theemployee lending proof to the retiring employee's receipt and negotiationof initial TRS annuity payment.2. The employee shall be compensated on the basis of full salary based onthe last contract preceding retirement, or the last hourly rate under whichthe employee worked, if applicable. In no case shall an employee receivecompensation exceeding 80 days of accumulated paid leave nor at a ratehigher than the master degree teachers' salary schedule plus Career14


Ladder 2.3. In the event of the death of a <strong>District</strong> employee who is eligible for absenceand sick leave privileges, the <strong>District</strong> shall compensate the beneficiary orthe estate of that employee for all unused absence and sick leave asprovided above for retired employees.<strong>Employee</strong> Assistance Program. The <strong>Employee</strong> Assistance Program (EAP), abenefit provided by the <strong>District</strong>, is designed to provide free confidentialassessments and short term counseling to employees and their family memberswho have problems that can affect job performance or home life. <strong>Employee</strong>swith questions about the employee assistance program should contact RiskManagement at 434-0460.LEAVES AND ABSENCESPolicy DEC,DECA, DECBThe <strong>District</strong> offers employees paid and unpaid leaves of absence in times ofpersonal need. This handbook describes the basic types of leave available andrestrictions on leaves of absence. <strong>Employee</strong>s who expect to be absent for anextended period of more than five consecutive days should call RiskManagement at 434-0460 for information about applicable leave benefits,payment of insurance premiums, and requirements for communicating with thedistrict.Use of Leave: Leave is available for the employee’s use at the beginning of thecontract year. However, state personal and local leave is earned at a rate of .5days of sick and personal leave per month. If an employee leaves the districtbefore the end of the work year, the cost of any unearned leave days taken shallbe deducted from the employee’s final paycheck.Leave must be used in half day or one-hour increments, as authorized by thesupervisor or campus administrator. However, if an employee is taking familyand medical leave, leave shall be recorded in one hour increments. Earnedcomp time must be used before any available state and local leave. Unless anemployee requests a different order, available state and local leave will be usedin the following order:Local LeaveState Sick LeaveState Personal LeaveIn case of religious leave, state personal leave shall be taken first, followed bylocal leave and then state sick leave.15


<strong>Employee</strong>s must follow <strong>District</strong> and department or campus procedures to reportor request any leave of absence and complete the appropriate leave requestform or certification.Medical Certification: Any employee who is absent more than 5 days becauseof a personal or family illness must submit a medical certification from a qualifiedhealth care provider, licensed in the United States, confirming the specific datesof the illness, the reason for the illness, and --in the case of personal illness-- theemployee’s fitness to return to work.The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibitsemployers from requesting or requiring genetic information of an individual orfamily member of the individual, except as specifically allowed by this law. Tocomply with this law, we ask that employees and health care providers do notprovide any genetic information in any medical certification. ‘Geneticinformation’, as defined by GINA, includes an individual’s family medical history,the results of an individual’s or family members’ genetic tests, the fact that anindividual or individual’s family member sought or received genetic services, andgenetic information of a fetus carried by an individual or an individual’s familymember or an embryo lawfully held by an individual or family member receivingassistive reproductive services.Continuation of Health Insurance: <strong>Employee</strong>s who take an unpaid leave ofabsence other than family and medical leave may continue their insurancebenefits at their own expense. Health insurance benefits for employees on paidleave and authorized under the Family and Medical Leave Act will be paid by the<strong>District</strong> as they were when actively working. Otherwise, the <strong>District</strong> does not payany portion of insurance premiums for employees who are on unpaid leave.Under TRS-Active Care rules, an employee is no longer eligible for insurancethrough the district after 6 months of unpaid leave other than FML. If anemployee’s unpaid leave extends for more than 6 months, the district will providethe employee with notice of COBRA rights.Personal LeaveState law entitles all employees to 5 days of paid personal leave per year.Personal leave is earned at a rate of .5 monthly. A day of earned personal leaveis equivalent to an assigned workday. State personal leave accumulates withoutlimit, is transferable to other Texas school <strong>District</strong>s and is generally transfers toeducation service centers. There are 2 types of personal leave: nondiscretionaryand discretionary.16


Nondiscretionary. Leave taken for personal or family illness, family emergency,a death in the family, or active military service is considered nondiscretionaryleave. Reasons for this type of leave allows very little, if any, advance planning.Nondiscretionary leave will be granted to employees in the same manner as sickleave.Discretionary. Leave taken at an employee’s discretion that can be scheduled inadvance is considered discretionary leave. An employee wishing to takediscretionary personal leave must submit a request to his or her supervisor 5days in advance of the anticipated absence. Discretionary personal leave will begranted on a first-come, first-served basis. The effect of the employee’s absenceon the educational program or department operations, as well as the availabilityof substitutes, will be considered by the principal or supervisor.Except in extenuating circumstances approved by the Superintendent or hisdesignee(s), discretionary leave shall not be allowed on the first 5 and last 5teaching days of each semester, the day before or after a school holiday,days scheduled for end-of-semester or end-of-year exams, days scheduledfor state testing, or professional or staff development days. Discretionaryleave used for the observance of religious holidays is exempt from the abovelisted restrictions.State Sick LeaveState sick leave accumulated before 1995 is available for use and may betransferred to other school <strong>District</strong>s in Texas. State sick leave can be used in ¼hour increments.If an employee uses more sick leave than he or she has earned, the cost ofunearned sick leave will be deducted from the employee’s next paycheck.State sick leave may be used for the following reasons only:<strong>Employee</strong> illness;Illness in the employee’s immediate family (as defined in Policy DECLocal DEC-R);Family emergency (i.e., natural disasters or life-threatening situations);Death in the immediate family;Active military service;Offsetting workman’s compensation payments.Local LeaveA full-time employee shall earn local leave based on his or her contract orassignment schedule as follows:17


0–201 (10 months) 5 days of local leave per year202–225 (11 months) 6 days of local leave per year226–260 (12 months) 7 days of local leave per yearAll full-time employees with an effective hired date of or prior to September 1,2008, shall earn 7 days of local leave after 3 years of service.Sick Leave BankA catastrophic sick leave bank has been established for all full-time employeeswho wish to participate. To join, an employee must contribute one day of localleave per school year. This leave is solely for the use of participating employees.An employee who is a member of the bank may request leave from the bank ifthe employee or a member of the employee’s immediate family experiences acatastrophic illness or injury and the employee has exhausted all paid leave. Noemployee may exceed the lifetime maximum benefit of one full employment year.Details on eligibility, cancellation or loss of eligibility, and directions for applyingfor catastrophic leave may be found in <strong>District</strong> Policy DEC (Local) or by callingRisk Management at 434-0460.The <strong>District</strong> also offers a limited bank of leave through “donation of days”. The“Donation of Days Bank” is a donor program based on goodwill in whichqualifying full-time employees may request up to 30 local sick leave days perschool year. Details on eligibility and appeals procedures may be found in PolicyDEC (Local).Temporary Disability LeaveCertified <strong>Employee</strong>s. Any full-time employee whose position requirescertification from the State Board for Educator Certification (SBEC) is eligible fortemporary disability leave. The purpose of temporary disability leave is to providejob protection to full-time educators who cannot work for an extended period oftime because of a mental or physical disability of a temporary nature. Temporarydisability leave must be taken as a continuous block of time. It may not be takenintermittently or on a reduced schedule. Pregnancy and conditions related topregnancy are treated the same as any other temporary disability.<strong>Employee</strong>s must request approval for temporary disability leave. An employee’snotification of need for extended absence due to the employee’s own medicalcondition shall be accepted as a request for temporary disability leave. Therequest must be accompanied by a physician’s statement confirming theemployee’s inability to work and estimating a probable date of return. If disabilityleave is approved, the length of leave is no longer than 180 calendar days.18


If an employee is placed on temporary disability leave involuntarily, he or she hasthe right to request a hearing before the Board of Trustees. The employee mayprotest the action and present additional evidence of fitness to work.When an employee is ready to return to work, Risk Management should benotified at least 30 days in advance. The return-to-work notice must beaccompanied by a physician’s statement confirming that the employee is able toresume regular duties and perform the essential functions of their job. Certifiedemployees returning from leave will be reinstated to the school to which theywere previously assigned if an appropriate position is available. If an appropriateposition is not available, the employee may be assigned to another campus,subject to the approval of the campus principal. If a position is not availablebefore the end of the school year, the employee will be reinstated to a position atthe original campus at the beginning of the following school year.Family and Medical Leave (FML)General Provisions. The following text is from the federal notice, <strong>Employee</strong>Rights and Responsibilities Under the Family and Medical Leave Act. Specificinformation that the district has adopted to implement the FMLA follows thisgeneral notice.Basic Leave Entitlement. The FMLA requires covered employers to provide upto 12 weeks of unpaid, job-protected leave to eligible employees for the followingreasons:For incapacity due to pregnancy, prenatal medical care or child birth;To care for the employee’s child after birth, or placement for adoption orfoster care;To care for the employee’s spouse, son or daughter, or parent, who hasa serious health condition; orFor a serious health condition that makes the employee unable toperform the employee’s job.Military Family Leave Entitlements. Eligible employees with a spouse, son,daughter, or parent on active military duty or deployed to a foreign country mayuse their 12-week leave entitlement to address certain qualifying exigencies.Qualifying exigencies may include attending certain military events, arranging foralternative childcare, addressing certain financial and legal arrangements,attending certain counseling sessions, and attending post-deploymentreintegration briefings.The FMLA also includes a special leave entitlement that permits eligibleemployees to take up to 26 weeks of leave to care for a covered service memberduring a single 12-month period. An eligible employee under this provision is the19


spouse, son, daughter, parent, or next of kin of the covered service member. Acovered service member is a current member of the Armed Forces, including amember of the National Guard or Reserves, who has a serious injury or illnessincurred in the line of duty on active duty that may render the service membermedically unfit to perform his or her duties for which the service member isundergoing medical treatment, recuperation, or therapy; or is in outpatient status;or is on the temporary disability retired list. It also includes a family member whois a veteran with an illness or injury that occurs in the line of duty while on activeduty and manifests itself before or after the service member became a veteran.The veteran must have been on active duty during the 5 years preceding theneed for treatment, recuperation, or therapy.Benefits and Protections. During FML, the employer must maintain theemployee’s health coverage under any “group health plan” on the same terms asif the employee had continued to work. Upon return from FML, most employeesmust be restored to their original or equivalent positions with equivalent pay,benefits, and other employment terms.Use of FML cannot result in the loss of any employment benefit that accruedprior to the start of an employee’s leave.Eligibility Requirements. <strong>Employee</strong>s are eligible if they have worked for acovered employer for at least one year, for 1,250 hours over the previous 12months, and if at least 50 employees are employed by the employer within 75miles.Definition of Serious Health Condition. A serious health condition is an illness,injury, impairment, or physical or mental condition that involves either anovernight stay in a medical care facility, or continuing treatment by a health careprovider for a condition that either prevents the employee from performing thefunctions of the employee’s job, or prevents the qualified family member fromparticipating in school or other daily activities.Subject to certain conditions, the continuing treatment requirement may be metby a period of incapacity of more than 3 consecutive calendar days combinedwith at least two visits to a health care provider or one visit and a regimen ofcontinuing treatment, or incapacity due to pregnancy, or incapacity due to achronic condition. Other conditions may meet the definition of continuingtreatment.Use of Leave. An employee does not need to use this leave entitlement in oneblock.Leave can be taken intermittently or on a reduced leave schedule whenmedically necessary. <strong>Employee</strong>s must make reasonable efforts to schedule20


leave for planned medical treatment so as not to unduly disrupt the employer’soperations. Leave due to qualifying exigencies may also be taken on anintermittent basis.Substitution of Paid Leave for Unpaid Leave. <strong>Employee</strong>s may choose oremployers may require use of accrued paid leave while taking FML. In order touse paid leave for FML, employees must comply with the employer’s normal paidleave policies.<strong>Employee</strong> Responsibilities. <strong>Employee</strong>s must provide 30 days advance noticeof the need to take FML when the need is foreseeable. When 30 days notice isnot possible, the employee must provide notice as soon as practicable andgenerally must comply with an employer’s normal call-in procedures.<strong>Employee</strong>s must provide sufficient information for the employer to determine ifthe leave may qualify for FMLA protection and the anticipated timing and durationof the leave. Sufficient information may include that the employee is unable toperform job functions, the family member is unable to perform daily activities, theneed for hospitalization or continuing treatment by a health care provider, orcircumstances supporting the need for military family leave. <strong>Employee</strong>s alsomust inform the employer if the requested leave is for a reason for which FMLwas previously taken or certified. <strong>Employee</strong>s also may be required to provide acertification and periodic recertification supporting the need for leave.Employer Responsibilities. Covered employers must inform employeesrequesting leave whether they are eligible under FMLA. If they are the noticemust specify any additional information required as well as the employees’ rightsand responsibilities. If they are not eligible, the employer must provide a reasonfor the ineligibility.Covered employers must inform employees if leave will be designated as FMLand the amount of leave counted against the employee’s leave entitlement. If theemployer determines that the leave is not FML, the employer must notify theemployee.Unlawful Acts by Employers. The FMLA makes it unlawful for any employer to:Interfere with, restrain, or deny the exercise of any right protected underthe FMLA;Discharge or discriminate against any person for opposing any practicemade unlawful by the FMLA or for involvement in any proceeding underor relating to the FMLA.EnforcementAn employee may file a complaint with the U.S. Department of Labor or maybring a private lawsuit against an employer.21


The FMLA does not affect any Federal or State law prohibiting discrimination, orsupersede any State or local law or collective bargaining agreement whichprovides greater family or medical leave rights.FMLA section 109 (29 U.S.C. § 2619) required FMLA covered employers to postthe text of this notice.Regulations 29 C.F.R. § 825.300 (a) may require additional disclosures.For additional information:1-866-4US-WAGE (1-866-487-9243) TTY: 1-877-889-5627www.wagehour.dol.govLocal Family and Medical Leave ProvisionsEligibility<strong>Employee</strong>s who have been employed by the <strong>District</strong> for at least 12 months andhave worked at least 1,250 hours in the 12 months immediately preceding theneed for leave are eligible for family and medical leave. Eligible employees cantake up to 12 weeks of unpaid leave on a rolling year basis for the followingreasons:The birth, adoption, or foster placement of a child;To care for a spouse, parent, or child with a serious health condition;An employee’s serious health condition;A qualifying exigency resulting from active military service of a spouse,child, or parent; andA husband and wife who are both employed by the <strong>District</strong> are limited toa combined total of 12 weeks of FML to care for a parent with a serioushealth condition or for the birth, adoption, or foster placement of a child;or to care for a covered military service member.Military Service Family LeaveAn eligible employee is entitled to leave to care for an active duty military servicemember who incurs a serious illness or injury in the line of duty. The servicemember must be the employee’s spouse, child, parent, or next of kin. An eligibleemployee may take up to 26 weeks on a one-time basis to provide care to acovered service member.Continuation of Benefits and Job RestorationEligible employees are entitled to continue their health care benefits under thesame terms and conditions as when they were on the job and are entitled toreturn to their previous job or an equivalent job at the end of their leave. Undersome circumstances, teachers who are able to return to work at or near the22


conclusion of a semester may be required to continue their leave until the end ofthe semester.Use of Paid LeaveFamily and medical leave runs concurrently with accrued sick and personalleave, temporary disability leave, and absences due to a work-related illness orinjury. The <strong>District</strong> will designate the leave as family and medical leave, ifapplicable, and notify the employee that accumulated leave will run concurrently.Intermittent LeaveIn some circumstances, employees may take family and medical leave in blocksof time or by reducing their normal weekly or daily work schedule. Intermittentleave may be taken under the following circumstances:An employee is needed to care for a seriously ill spouse, child, orparent;An employee requires medical treatment for a serious illness;An employee is seriously ill and unable to work.Requests for FMLAWhen the need for family and medical leave is foreseeable, employees mustprovide 30 days advance notice to the district. When the need for leave is notforeseeable, employees must contact Risk Management as soon as possible.<strong>Employee</strong>s may be required to provide the following: Medical certification from a qualified health care provider supporting theneed for leave due to a serious health condition affecting the employeeor an immediate family member; Second or third medical opinions and periodic recertification of theneed for leave; Periodic reports during the leave regarding the employee’s status andintent to return to work; Medical certification from a qualified health care provider at theconclusion of leave of an employee’s ability to return to work; Certification of the need for family military leave.<strong>Employee</strong>s requiring family and medical leave should contact Risk Managementat 434-0460 for details on eligibility, requirements, and limitations.Workers’ Compensation BenefitsAn employee absent from duty because of a work-related illness or injury may beeligible for Workers’ Compensation weekly income benefits if the absenceexceeds 7 calendar days.An employee receiving Workers’ Compensation wage benefits for a work-relatedillness or injury may choose to use available, partial-day increments of sick leave23


or any other paid leave benefits to make up the difference between wagebenefits and pre-injury or pre-illness wages. While an employee is receivingWorkers’ Compensation wage benefits, the <strong>District</strong> will charge available leaveproportionately so that the employee receives an amount equal to theemployee’s regular salary.Assault LeaveAssault leave provides extended job income and benefits protection to anemployee who is injured as the result of a physical assault suffered during theperformance of his or her job. An injury is treated as an assault if the personcausing the injury could be prosecuted for assault or could not be prosecutedonly because that person’s age or mental capacity renders the person nonresponsiblefor purposes of criminal liability.An employee who is physically assaulted at work may take all the leave timemedically necessary, up to 2 years, to recover from the physical injuries he orshe sustained. At the request of an employee, the <strong>District</strong> will immediately assignthe employee to assault leave. Days of leave granted under the assault leaveprovision will not be deducted from accrued personal leave and must becoordinated with Workers’ Compensation benefits. Upon investigation the <strong>District</strong>may change the assault leave status and charge leave used against theemployee’s accrued paid leave. The employee’s pay will be deducted if accruedpaid leave is not available.Jury Duty<strong>Employee</strong>s will receive leave with pay and without loss of accumulated leave forjury duty. <strong>Employee</strong>s must present documentation of the service and may retainany compensation they receive. <strong>Employee</strong>s are required to return to workimmediately if jury duty responsibilities end at least 4 hours prior to the end of thework day.Other Court Appearances<strong>Employee</strong>s will be paid while on leave to comply with a valid subpoena to appearin a civil, criminal, legislative, or administrative proceeding and will not berequired to use paid leave. Absences for court appearances related to anemployee’s personal business, absent a subpoena, must be taken as personalleave or leave without pay (if no personal leave is available). <strong>Employee</strong>s will berequired to submit documentation of their need for leave for court appearances.Military LeavePaid leave for military service. Any employee who is a member of the TexasNational Guard, Texas State Guard, or reserve component of the United StatesArmed Forces will be granted a paid leave of absence without loss of any24


accumulated leave for authorized training or active duty orders. Paid militaryleave will not exceed 15 days each federal fiscal year (October 1- September30). In addition, an employee is entitled to use available state and local personalor sick leave during a time of active military service.Reemployment after military leave. <strong>Employee</strong>s who leave the <strong>District</strong> to enterinto the United States uniformed services or who are ordered to active statemilitary duty (Texas National Guard or Texas State Guard) may return toemployment if they are honorably discharged. <strong>Employee</strong>s who wish to return tothe <strong>District</strong> will be reemployed in the position they would have held if employmenthad not been interrupted or reassigned to an equivalent or similar positionprovided they can be qualified to perform the required duties. To be eligible forreemployment, employees must provide notice of their obligation or intent toperform military service, provide evidence of honorable discharge or release, andsubmit an application for reemployment to the Human Resources Department. Inmost cases, the length of military service cannot exceed 5 years, and theemployee must apply for reemployment within the period of time specified in law.Continuation of health insurance. <strong>Employee</strong>s who perform service in theuniformed services may elect to continue their health plan coverage at their owncost for a period not to exceed 24 months. <strong>Employee</strong>s should contact RiskManagement at 434-0460 for details on eligibility, requirements, and limitations.Uniformed Services Employment and Reemployment Rights Act(USERRA)The Uniformed Services Employment and Reemployment Rights Act (USERRA)protects the job rights of individuals who voluntarily or involuntarily leaveemployment positions to undertake military service. USERRA also prohibitsemployers from discriminating against past and present members of theuniformed services, and applicants to the uniformed services.Reemployment rights. You have the right to be reemployed in your civilian job ifyou leave that job to perform service in the uniformed service and:you ensure that your employer receives advance written or verbal noticeof your service;you have 5 years or less of cumulative service in the uniformed serviceswhile with that particular employer;you return to work or apply for reemployment in a timely manner afterconclusion of service; andyou have not been separated from service with a disqualifying dischargeor under other than honorable conditions.If you are eligible to be reemployed, you must be restored to the job and benefitsyou would have attained if you had not been absent due to military service or, insome cases, a comparable job.25


Right to be free from discrimination and retaliation. If you are a past orpresent member of the uniformed service, have applied for membership in theuniformed service, or are obligated to serve in the uniformed service, then anemployer may not deny you any of the following because of this status: initial employment; reemployment; retention in employment; promotion; or any benefit of employment.In addition, an employer may not retaliate against anyone assisting in theenforcement of USERRA rights, including testifying or making a statement inconnection with a proceeding under USERRA, even if that person has no serviceconnection.Health insurance protection. If you leave your job to perform military service,you have the right to elect to continue your existing employer-based health plancoverage for you and your dependents for up to 24 months while in the military.Even if you don't elect to continue coverage during your military service, youhave the right to be reinstated in your employer's health plan when you arereemployed, generally without any waiting periods or exclusions (e.g., preexistingcondition exclusions) except for service-connected illnesses or injuries.Enforcement. The U.S. Department of Labor, Veterans Employment andTraining Service (VETS) is authorized to investigate and resolve complaints ofUSERRA violations. For assistance in filing a complaint, or for any otherinformation on USERRA, contact VETS at 1-866-4-USA-DOL (or 1-866-487-2365) or visit its website at http://www.dol.gov/vets. An interactive onlineUSERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm. Ifyou file a complaint with VETS and VETS is unable to resolve it, you may requestthat your case be referred to the Department of Justice or the Office of SpecialCounsel, depending on the employer, for representation. You may also bypassthe VETS process and bring a civil action against an employer for violations ofUSERRA.Job Abandonment<strong>Employee</strong>s absent from work for 5 consecutive days without good cause or priorapproval, or who fail to provide immediate notice to the school principal orimmediate supervisor of an acceptable reason for absence, will be considered ashaving quit without notice, and the position will be declared vacant. Walking offthe job (leaving the job site without authorization) is also interpreted as “quitting.”26


EMPLOYEE RELATIONS AND COMMUNICATIONS<strong>Employee</strong> Recognition and AppreciationContinuous efforts are made throughout the year to recognize employees whomake an extra effort to contribute to the success of the <strong>District</strong>. <strong>Employee</strong>s arerecognized at Board meetings, in the <strong>District</strong> newsletter, and through specialevents and activities.<strong>District</strong> CommunicationsThroughout the school year, the Public Relations office publishes newsletters,brochures, fliers, calendars, news releases, and other communication materials.These publications offer employees and the community information pertaining toschool activities and achievements.COMPLAINTS AND GRIEVANCESPolicy DGBAIn an effort to hear and resolve employee concerns or complaints in a timelymanner and at the lowest administrative level possible, the Board has adoptedan orderly process that all employees must follow when bringing formalcomplaints and grievances. <strong>Employee</strong>s are encouraged to discuss concerns orcomplaints with their supervisors or an appropriate administrator at any time.The formal grievance process provides all employees with an opportunity to beheard up to the highest level of management if they are dissatisfied with anadministrative response. Once all administrative grievance procedures areexhausted, employees can bring concerns or complaints to the Board ofTrustees. For ease of reference, the <strong>District</strong>’s policy concerning the process ofbringing complaints and grievances is reprinted as follows:Principles. The Board encourages employees to discuss their concerns andcomplaints through informal conferences with their supervisor, principal, or otherappropriate administrator.Informal Process. Concerns should be expressed as soon as possible to allowearly resolution at the lowest administrative level.Formal Process. If an informal conference regarding a complaint fails to reachthe outcome requested by the employee, he or she may initiate the formalprocess described below by timely filing a written complaint form.Even after initiating the formal complaint process, employees are encouraged toseek informal resolution of their concerns. An employee whose concerns areresolved may withdraw a formal complaint at any time.27


This policy provides employees an orderly process for the prompt and equitableresolution of grievances when a concern has not been resolved. The Boardintends that, whenever feasible, grievances be resolved at the lowest possibleadministrative level. This policy shall not be construed to create new oradditional rights beyond those granted by Board policy or law.DefinitionsFor purposes of this policy, terms are defined as follows:Days. "Days" shall mean <strong>District</strong> business days unless otherwise noted. Incalculating time lines under this policy, the day a document is filed is “day zero,”and all deadlines shall be determined by counting the following day as “day one.”Complaint/Grievance. The terms "complaint" and "grievance" shall have thesame meaning. A grievance under this policy may address, but are not limited to,an employee’s wages, hours, conditions of work, or complaints arising thedismissal or termination of an at-will employee. The following are specificallyexcluded from the grievance policy:1. Complaints alleging discrimination, including violations of Title IX(gender), Title VII (sex, race, color, religion, national origin), ADEA(age), or Section 504 (disability). [See DIA];2. Complaints alleging certain forms of harassment, including harassmentby a supervisor and violations of Title VII. [See DIA];3. Complaints concerning retaliation relating to discrimination andharassment. [See DIA];4. Complaints concerning instructional materials. [See EFA];5. Complaints concerning a commissioned peace officer who is anemployee of the <strong>District</strong>. [See CKE];6. Complaints arising from the proposed non-renewal of a term contractissued under Chapter 21 of the Education Code. [See DFBB];7. Complaints arising from the proposed termination or suspension withoutpay of an employee on a probationary, term, or continuing contractissued under Chapter 21 of the Texas Education Code during thecontract term. [See DFAA, DFBA, or DFCA respectively].Filing. Complaint forms and appeal notices may be filed by hand-delivery, fax, orU.S. Mail. Hand-delivered filings shall be timely filed if received by theappropriate administrator or designee by the close of business on the deadline.Fax filings shall be timely filed if they are received on or before the deadline, asindicated by the date/time shown on the fax copy. Mail filings shall be timely filedif they are postmarked by U.S. Mail on the deadline and received by theappropriate administrator or designated representative no more than three daysafter the deadline.28


employee for bringing a concern or complaint. [See DG]Whistleblower Complaints<strong>Employee</strong>s who allege adverse employment action in retaliation for reporting aviolation of law to an appropriate authority shall initiate a grievance under thispolicy within the time specified by law. [See DG(LEGAL)]The complaint shall first be filed in accordance with LEVEL TWO, below. Timelines for the employee and the <strong>District</strong> set out in this policy may be shortened toallow the Board to make a final decision within 60 days of the initiation of thecomplaint.General ProvisionsA grievance must specify the individual harm alleged. An employee is prohibitedfrom bringing separate or serial grievances regarding the same event or action.All time limits shall be strictly complied with unless modified by mutual consent.Costs of any grievance shall be paid by the party incurring them.ConsolidationWhen the Superintendent or designee determines that 2 or more individualgrievances are sufficiently similar in nature and remedy to permit their resolutionthrough one proceeding, he or she may consolidate the grievances.Untimely filingAll time limits shall be strictly followed unless modified by mutual written consent.If a complaint form or appeal notice is not timely filed, the complaint may bedismissed, on written notice to the employee, at any point during the complaintprocess. The employee may appeal the dismissal by seeking review in writingwithin 14 days, starting at the level at which the complaint was dismissed. Suchappeal shall be limited to the issue of timeliness.Initiating GrievanceUnless otherwise specified in policy, an employee shall initiate a grievance asprovided at LEVEL ONE, below.Level OneAn employee who has a grievance shall request a conference with the principalor immediate supervisor by submitting the grievance in writing on a form providedby the <strong>District</strong>. The form must be completed and filed within 15 days of the timethe employee first knew or should have known of the event or series of eventsabout which the employee is complaining. [See DGBA (EXHIBIT)]30


scheduled Board meeting after all requested information is submitted and thematter is finally considered.Binding ArbitrationProvisions for binding arbitration shall be made with consent of the employee andthe Board of Trustees.Closed MeetingThe Board shall determine whether the complaint will be presented in open orclosed meeting in accordance with the Texas Open Meetings Act and otherapplicable law. [See BE].EMPLOYEE CONDUCT AND WELFAREStandards of ConductPolicy DHAll employees are expected to work together in a cooperative spirit to serve thebest interests of the <strong>District</strong> and to be courteous to students, one another, andthe public. <strong>Employee</strong>s are expected to observe the following standards ofconduct:Recognize and respect the rights of students, parents, other employees,and members of the community.Maintain confidentiality in all matters relating to students and coworkers.Report to work according to the assigned schedule.Notify their immediate supervisor in advance or as early as possible inthe event that they must be absent or late. Unauthorized absences,chronic absenteeism, tardiness, and failure to follow procedures forreporting an absence may be cause for disciplinary action.Know and comply with department and <strong>District</strong> procedures and policies.Comply with the directives of a supervisor or <strong>District</strong> official, including,but not limited to, requests to sign for receipt of any document(s).Failure to comply with directives is insubordination and will be cause fordisciplinary action.Comply with and answer truthfully in all <strong>District</strong> investigations.Dishonesty or evasiveness during a district investigation is grounds fortermination.Express concerns, complaints, or criticism through appropriatechannels.Observe all safety rules and regulations and report injuries or unsafeconditions to a supervisor immediately.Use <strong>District</strong> time, funds, and property for authorized <strong>District</strong> businessand activities only.33


<strong>District</strong> Policy (DF Legal) strictly prohibits the solicitation of a romanticrelationship with a current student. <strong>District</strong> Policy (DH Local) forbids anemployee from dating a former student until such student is twenty-oneyears of age and has been graduated from high school at least twoyears.All <strong>District</strong> employees should perform their duties in accordance withstate and federal law, <strong>District</strong> policies and procedures, and ethicalstandards. Violation of policies, regulations, or guidelines may result indisciplinary action, including termination. Alleged incidents of certainmisconduct by educators, including having a criminal record, must bereported to SBEC not later than the seventh day after thesuperintendent first learns of the incident. See Reports to the TexasEducation Agency, page 64 for additional information.The Educators’ Code of Ethics, adopted by the State Board for EducatorCertification, which all <strong>District</strong> employees must adhere to, is reprinted below:Code of Ethics and Standard Practices for Texas EducatorsPurpose and ScopeThe Texas educator shall comply with standard practices and ethical conducttoward students, professional colleagues, school officials, parents, and membersof the community and shall safeguard academic freedom. The Texas educator, inmaintaining the dignity of the profession, shall respect and obey the law,demonstrate personal integrity, and exemplify honesty and good moral character.The Texas educator, in exemplifying ethical relations with colleagues, shallextend just and equitable treatment to all members of the profession. The Texaseducator, in accepting a position of public trust, shall measure success by theprogress of each student toward realization of his or her potential as an effectivecitizen. The Texas educator, in fulfilling responsibilities in the community, shallcooperate with parents and others to improve the public schools of thecommunity. (19 TAC 247.1(b))Enforceable Standards1. Professional Ethical Conduct, Practices, and PerformanceStandard 1.1 The educator shall not intentionally, knowingly, orrecklessly engage in deceptive practices regarding official policies of theschool <strong>District</strong>, educational institution, educator preparation program,the Texas Education Agency, or the State Board for EducatorCertification (SBEC) and its certification process.Standard 1.2 The educator shall not knowingly misappropriate,divert, or use monies, personnel, property, or equipment committed tohis or her charge for personal gain or advantage.34


Standard 1.3 The educator shall not submit fraudulent requests forreimbursement, expenses, or pay.Standard 1.4 The educator shall not use institutional or professionalprivileges for personal or partisan advantage.Standard 1.5 The educator shall neither accept nor offer gratuities,gifts, or favors that impair professional judgment or to obtain specialadvantage. This standard shall not restrict the acceptance of gifts ortokens offered and accepted openly from students, parents of students,or other persons or organizations in recognition or appreciation ofservice.Standard 1.6 The educator shall not falsify records, or direct orcoerce others to do so.Standard 1.7 The educator shall comply with state regulations,written local school Board policies, and other state and federal laws.Standard 1.8 The educator shall apply for, accept, offer, or assign aposition or a responsibility on the basis of professional qualifications.Standard 1.9 The educator shall not make threats of violenceagainst school district employees, school board members, students, orparents of students.Standard 1.10 The educator shall be of good moral character and beworthy to instruct or supervise the youth of this state.Standard 1.11 The educator shall not intentionally or knowinglymisrepresent his or her employment history, criminal history, and/ordisciplinary record when applying for subsequent employment.Standard 1.12 The educator shall refrain from the illegal use ordistribution of controlled substances and/or abuse of prescription drugsand toxic inhalants.Standard 1.13 The educator shall not consume alcoholic beverageson school property or during school activities when students arepresent.2. Ethical Conduct toward Professional ColleaguesStandard 2.1 The educator shall not reveal confidential health orpersonnel information concerning colleagues unless disclosure serveslawful professional purposes or is required by law.Standard 2.2 The educator shall not harm others by knowinglymaking false statements about a colleague or the school system.Standard 2.3 The educator shall adhere to written local schoolBoard policies and state and federal laws regarding the hiring,evaluation, and dismissal of personnel.Standard 2.4 The educator shall not interfere with a colleague'sexercise of political, professional, or citizenship rights andresponsibilities.35


Standard 2.5 The educator shall not discriminate against or coercea colleague on the basis of race, color, religion, national origin, age,gender, disability, family status, or sexual orientation.Standard 2.6 The educator shall not use coercive means orpromise of special treatment in order to influence professional decisionsor colleagues.Standard 2.7 The educator shall not retaliate against any individualwho has filed a complaint with the SBEC or who provides informationfor a disciplinary investigation or proceeding under this chapter.3. Ethical Conduct toward StudentsStandard 3.1 The educator shall not reveal confidential informationconcerning students unless disclosure serves lawful professionalpurposes or is required by law.Standard 3.2 The educator shall not intentionally, knowingly, orrecklessly treat a student or minor in a manner that adversely affects orendangers the learning, physical health, mental health, or safety of thestudent or minor.Standard 3.3 The educator shall not intentionally, knowingly, orrecklessly misrepresent facts regarding a student.Standard 3.4 The educator shall not exclude a student fromparticipation in a program, deny benefits to a student, or grant anadvantage to a student on the basis of race, color, gender, disability,national origin, religion, family status, or sexual orientation.Standard 3.5 The educator shall not intentionally, knowingly, orrecklessly engage in physical mistreatment, neglect, or abuse of astudent or minor.Standard 3.6 The educator shall not solicit or engage in sexualconduct or a romantic relationship with a student minor.Standard 3.7 The educator shall not furnish alcohol orillegal/unauthorized drugs to any person under 21 years of age unlessthe educator is a parent or guardian of that child or knowingly allow anyperson under 21 years of age unless the educator is a parent orguardian of that child to consume alcohol or illegal/unauthorized drugsin the presence of the educator.Standard 3.8 The educator shall maintain appropriate professionaleducator-student relationships and boundaries based on a reasonablyprudent educator standard.Standard 3.9 The educator shall refrain from inappropriatecommunication with a student or minor, including, but not limited to,electronic communication such as cell phone, text messaging, email,instant messaging, blogging, or other social network communication.Factors that may be considered in assessing whether the36


communication is inappropriate include, but are not limited to:i. the nature, purpose, timing, and amount of the communication;ii. the subject matter of the communication;iii. whether the communication was made openly or the educatorattempted to conceal the communication;iv. whether the communication could be reasonably interpreted assoliciting sexual contact or a romantic relationship;v. whether the communication was sexually explicit; andvi. whether the communication involved discussion(s) of thephysical or sexual attractiveness or the sexual history,activities, preferences, or fantasies of either the educator orthe studentSuspensionProfessional employees may be suspended with pay or placed on administrativeleave by the Superintendent or his designee during an investigation of allegedmisconduct by the employee or at any time the Superintendent or designeedetermines that the <strong>District</strong>'s best interest will be served by the suspension oradministrative leave.At-will employees may be suspended with or without pay during an investigationof alleged misconduct by the employee or at any time the Superintendent or hisdesignee determines that the <strong>District</strong>’s best interest will be served by thesuspension or administrative leave.Any employee who is suspended or placed on administrative leave will beexpected to comply with the terms and conditions of thesuspension/administrative leave. Failure to do so will result in disciplinary action,up to and including termination of employment.Discrimination, Harassment and RetaliationPolicies DH, DIA<strong>Employee</strong>s shall not engage in prohibited harassment, including sexualharassment, of other employees or students. While acting in the course of theiremployment, employees shall not engage in prohibited harassment of otherpersons, including Board members, vendors, contractors, volunteers, or parents.A substantiated charge of harassment will result in disciplinary action.<strong>Employee</strong>s who believe they have been discriminated or retaliated against orharassed are encouraged to promptly report such incidents to the campusprincipal, supervisor, or appropriate <strong>District</strong> official. If the campus principal,supervisor or district official is the subject of a complaint, the employee should37


eport the complaint directly to the superintendent.superintendent may be made directly to the board.A complaint against theThe <strong>District</strong>’s policy that includes definitions and procedures for reporting andinvestigating discrimination, harassment, and retaliation is reprinted below:Note: This policy addresses discrimination,harassment and retaliation involving <strong>District</strong>employees. In this policy, the term “employees”includes former employees and applicants foremployment. For discrimination, harassment, andretaliation involving students, see FFH. For reportingrequirements related to child abuse and neglect, seeFFGSTATEMENT OFNONDISCRIMINATIONDISCRIMINATIONHARASSMENTThe <strong>District</strong> prohibits discrimination, includingharassment, against any employee on the basis ofrace, color, religion, gender, national origin, age,disability, or any other basis prohibited by law.Retaliation against anyone involved in the complaintprocess is a violation of <strong>District</strong> policy.Discrimination against an employee is defined asconduct directed at an employee on the basis ofrace, color, religion, gender, national origin, age,disability or any other basis prohibited by law, hatadversely affects the employee’s employment.Prohibited harassment of an employee is defined asphysical, verbal, or nonverbal conduct based on anemployee’s race, color, religion, gender, nationalorigin, age, disability, or any other basis prohibited bylaw, when the conduct is so severe, persistent, orpervasive that the conduct:1. Has the purpose or effect of unreasonablyinterfering with the employee’s workperformance;2. Creates an intimidating, threatening, hostile, oroffensive work environment; or3. Otherwise adversely affects the employee’sperformance, environment or employmentopportunities.38


EXAMPLESSEXUALHARASSMENTExamples of prohibited harassment may includeoffensive or derogatory language directed at anotherperson’s religious beliefs or practices, accent, skincolor, gender identity, or need for workplaceaccommodation; threatening or intimidating conduct;offensive jokes, name calling, slurs, or rumors;physical aggression or assault; display of graffiti orprinted material promoting racial, ethnic, or otherstereotypes; or other types of aggressive conductsuch as theft or damage to property.Sexual harassment is a form of sex discriminationdefined as unwelcome sexual advances; requests forsexual favors; sexually motivated physical, verbal, ornonverbal conduct; or other conduct orcommunication of a sexual nature when:1. Submission to the conduct is either explicitlyor implicitly a condition of an employee’semployment, or when submission to orrejection of the conduct is the basis for anemployment action affecting the employee;or2. The conduct is so severe, persistent, orpervasive that it has the purpose or effect ofunreasonably interfering with the employee’swork performance or creates anintimidating, threatening, hostile, oroffensive work environment.EXAMPLESRETALIATIONExamples of sexual harassment may include sexualadvances; touching intimate body parts; coercing orforcing a sexual act on another; jokes orconversations of a sexual nature; and other sexuallymotivated conduct, communication, or contact.The <strong>District</strong> prohibits retaliation against an employeewho makes a claim alleging to have experienceddiscrimination or harassment, or another employeewho, in good faith, makes a report, serves as awitness, or otherwise participates in an investigation.39


An employee who intentionally makes a false claim,offers false statements, or refuses to cooperate witha <strong>District</strong> investigation regarding harassment ordiscrimination is subject to appropriate discipline.EXAMPLESPROHIBITEDCONDUCTREPORTINGPROCEDURESExamples of retaliation may include termination,refusal to hire, demotion, and denial of promotion.Retaliation may also include threats, unjustifiednegative evaluations, unjustified negative references,or increased surveillance.In this policy, the term “prohibited conduct” includesdiscrimination, harassment and retaliation as definedby this policy, even if the behavior does not rise tothe level of unlawful conduct.An employee who believes that he or she hasexperienced prohibited conduct or believes thatanother employee has experienced prohibitedconduct should immediately report the alleged acts.The employee may report the alleged acts to his orher supervisor or campus principal.Alternatively, the employee may report the allegedacts to one of the <strong>District</strong> officials below.DEFINITION of theDISTRICTOFFICIALSTITLE IXCOORDINATORFor the purposes of this policy, <strong>District</strong> officials arethe Title IX coordinator, the ADA/Section 504coordinator, and the Superintendent.Reports of discrimination based on sex, includingsexual harassment, may be directed to the Title IXcoordinator. The <strong>District</strong> designates the followingperson to coordinate its efforts to comply with Title IXof the Education Amendments of 1972, as amended:Position: Executive Director of Administrative ServicesAddress: 9600 Sims Drive, El Paso, TX 79925Telephone: (915) 434-0417ADA / SECTION 504COORDINATORReports of discrimination based on disability may bedirected to the ADA/Section 504 coordinator. The<strong>District</strong> designates the following person to coordinate40


its efforts to comply with Title II of the Americans withDisabilities Act of 1990, which incorporates andexpands upon the requirements of Section 504 of theRehabilitation Act of 1973:Position: Executive Director of Administrative ServicesAddress: 9600 Sims Drive, El Paso, TX 79925Telephone: (915) 434-0417.SUPERINTENDENTALTERNATIVEREPORTINGPROCEDURESThe Superintendent shall serve as coordinator forpurposes of <strong>District</strong> compliance with all otherantidiscrimination laws.An employee shall not be required to reportprohibited conduct to the person alleged to havecommitted it. Reports concerning prohibited conduct,including reports against the Title IX coordinator orADA/Section 504 Coordinator, may be directed to theSuperintendent.A report against the Superintendent may be madedirectly to the Board. If a report is made directly tothe Board, the Board shall appoint an appropriateperson to conduct an investigation.TIMELY REPORTINGNOTICE OFREPORTINVESTIGATION OFTHE REPORTReports of prohibited conduct shall be made as soonas possible after the alleged act or knowledge of thealleged act. A failure to promptly report may impairthe <strong>District</strong>’s ability to investigate and address theprohibited conduct.Any <strong>District</strong> supervisor who receives a report ofprohibited conduct shall immediately notify theappropriate <strong>District</strong> official listed above and take anyother steps required by this policy.The <strong>District</strong> may request, but shall not insist upon, awritten report. If a report is made orally, the <strong>District</strong>official shall reduce the report to written form.Upon receipt or notice of a report, the <strong>District</strong> officialshall determine whether the allegations, if proven,would constitute prohibited conduct as defined by thispolicy. If so, the <strong>District</strong> official shall immediately41


authorize or undertake an investigation, regardless ofwhether a criminal or regulatory investigationregarding the same or similar allegations is pending.If appropriate, the <strong>District</strong> shall promptly take interimaction calculated to prevent prohibited conduct duringthe course of an investigation.The investigation may be conducted by the <strong>District</strong>official or a designee, such as the campus principal,or by a third party designated by the <strong>District</strong>, such asan attorney. When appropriate, the campus principalor supervisor shall be involved in or informed of theinvestigation.The investigation may consist of personal interviewswith the person making the report, the person againstwhom the report is filed, and others with knowledgeof the circumstances surrounding the allegations.CONCLUDING THEINVESTIGATIONAbsent extenuating circumstances, the investigationshould be completed within ten <strong>District</strong> business daysfrom the date of the report; however, the investigatorshall take additional time if necessary to complete athorough investigation.The investigator shall prepare a written report of theinvestigation. The report shall be filed with the <strong>District</strong>official overseeing the investigation.DISTRICT ACTIONIf the results of an investigation indicate thatprohibited conduct occurred, the <strong>District</strong> shallpromptly respond by taking appropriate disciplinaryor corrective action reasonably calculated to addressthe conduct The<strong>District</strong> may take action based on the results of aninvestigation, even if the conduct did not rise to thelevel of prohibited or unlawful conduct.CONFIDENTIALITYTo the greatest extent possible, the <strong>District</strong> shallrespect the privacy of the complainant, personsagainst whom a report is filed, and witnesses. Limited42


disclosures may be necessary in order to conduct athorough investigation and comply with applicablelaw.APPEALA complainant who is dissatisfied with the outcome ofthe investigation may appeal through DGBA(LOCAL), beginning at the appropriate level.The complainant may have a right to file a complaintwith appropriate state or federal agencies.RECORDSRETENTIONACCESS TO POLICYCopies of reports alleging prohibited conduct,investigation reports, and related records shall bemaintained by the <strong>District</strong> for a period of at leastthree years.This policy shall be distributed annually to <strong>District</strong>employees. Copies of the policy shall be readilyavailable at each campus and the <strong>District</strong>administrative offices.Harassment of StudentsPolicies DF, DH, FFG, FFHSexual and other harassment of students by employees are forms ofdiscrimination and are prohibited by law. Romantic or inappropriate socialrelationships between students and district employees are prohibited. <strong>Employee</strong>swho suspect a student may have experienced prohibited harassment areobligated to report their concerns to the campus principal or other appropriatedistrict official. All allegations of prohibited harassment or abuse of a student by anemployee or adult will be reported to the student’s parents and promptlyinvestigated. An employee who knows of or suspects child abuse must also reporthis or her knowledge or suspicion to the appropriate authorities, as required bylaw. See Reporting suspected child abuse, page 47 and Bullying, page 67 foradditional information.The district’s policy that includes definitions and procedures for reporting andinvestigating harassment of students is reprinted below:Note: This policy addresses bullying of <strong>District</strong>students. For provisions regarding discrimination,harassment, and retaliation involving <strong>District</strong> students,see FFH. For reporting requirements related to childabuse and neglect, see FFG.43


BULLYINGPROHIBITEDDEFINITION.The <strong>District</strong> prohibits bullying as defined by this policy.Retaliation against anyone involved in the complaintprocess is a violation of <strong>District</strong> policy.Bullying occurs when a student or group of studentsengages in written or verbal expression or physicalconduct that:1. Will have the effect of physically harming astudent, damaging a student’s property, orplacing a student in reasonable fear of harmto the student’s person or of damage to thestudent’s property; or2. Is sufficiently severe, persistent, or pervasivethat the action or threat creates anintimidating, threatening, or abusiveeducational environment for a student.EXAMPLESTIMELY REPORTINGREPORTINGPROCEDURESNOTICE OF REPORTINVESTIGATION OFBullying of a student may include hazing, threats,taunting, teasing, confinement, assault, demands formoney, and destruction of property, theft of valuedpossessions, name calling, rumor spreading, andostracism.Reports of bullying shall be made as soon as possibleafter the alleged act or knowledge of the alleged act. Afailure to promptly report may impair the <strong>District</strong>’sability to investigate and address the prohibitedconduct.Any student who believes that he or she hasexperienced bullying or believes that another studenthas experienced bullying should immediately reportthe alleged acts to a teacher, counselor, principal, orother <strong>District</strong> employee. A report may be made orallyor in writing.Any <strong>District</strong> employee who receives notice that astudent has or may have experienced bullying shallimmediately notify the campus principal or designee.If a report is made orally, the campus principal or44


REPORTdesignee shall reduce the report to written form.The campus principal or designee shall determinewhether the allegations in the report, if proven, wouldconstitute prohibited conduct as defined by policyFFH, and if so proceed under that policy instead.The campus principal or designee shall conduct anappropriate investigation based on the allegations inthe report. The campus principal or designee shallpromptly take interim action calculated to preventbullying during the course of an investigation, ifappropriate.NOTICE OF REPORTINVESTIGATION OFREPORTAny <strong>District</strong> employee who receives notice that astudent has or may have experienced bullying shallimmediately notify the campus principal or designee.If a report is made orally, the campus principal ordesignee shall reduce the report to written form.The campus principal or designee shall determinewhether the allegations in the report, if proven, wouldconstitute prohibited conduct as defined by policyFFH, and if so proceed under that policy instead.The campus principal or designee shall conduct anappropriate investigation based on the allegations inthe report. The campus principal or designee shallpromptly take interim action calculated to preventbullying during the course of an investigation, ifappropriate.CONCLUDING THEINVESTIGATIONAbsent extenuating circumstances, the investigationshould be completed within ten <strong>District</strong> business daysfrom the date of the report; however, the campusprincipal or designee shall take additional time ifnecessary to complete a thorough investigation.The campus principal or designee shall prepare awritten report of the investigation, including adetermination of whether bullying occurred, and senda copy to the Superintendent or designee.45


DISTRICT ACTIONCONFIDENTIALITYAPPEALRECORDSRETENTIONACCESS TO POLICYIf the results of an investigation indicate that bullyingoccurred, the <strong>District</strong> shall promptly respond by takingappropriate disciplinary or corrective actionreasonably calculated to address the conduct inaccordance with the <strong>District</strong>’s Student Code ofConduct. [For in-formation on student transfers due tobullying, see FDB.]To the greatest extent possible, the <strong>District</strong> shallrespect the privacy of the complainant, personsagainst whom a report is filed, and witnesses. Limiteddisclosures may be necessary in order to conduct athorough investigation.A student who is dissatisfied with the outcome of theinvestigation may appeal through FNG (LOCAL),beginning at the appropriate level.Retention of records shall be in accordance with CPC(LOCAL).Information regarding this policy shall be distributedannually to <strong>District</strong> employees and included in theStudent <strong>Handbook</strong>. Copies of the policy shall bereadily available at each campus and the <strong>District</strong>’sadministrative offices.New additions to DF Legal include a definition of “solicitation of a romanticrelationship.” This portion of the policy is printed below:“Solicitation of a romantic relationship” means deliberate or repeatedacts that can be reasonably interpreted as soliciting a relationshipcharacterized by an ardent emotional attachment or pattern ofexclusivity. Acts that constitute the solicitation of a romantic relationshipinclude:1. Behavior, gestures, expressions, communications, or a pattern ofcommunication with a student that is unrelated to the educator’s jobduties and that may reasonably be interpreted as encouraging thestudent to form an ardent or exclusive emotional attachment to the46


educator, including statements of love, affection, or attraction.When evaluating whether communications constitute the solicitationof a romantic relationship, the following may be considered:a. The nature of the communications;b. The timing of the communications;c. The extent of the communications;d. Whether the communications were made openly orsecretly;e. The extent to which the educator attempted toconceal the communications;f. If the educator claims to be counseling a student,TEA staff may consider whether the educator’s jobduties included counseling, whether the educatorreported the subject of the counseling to the student’sguardians or to the appropriate school personnel, or,in the case of alleged abuse or neglect, whether theeducator reported the abuse or neglect to theappropriate law enforcement agencies; andg. Any other communications tending to show that theeducator solicited a romantic relationship with astudent.2. Making inappropriate comments about a student’s body.3. Making sexually demeaning comments to a student.4. Making comments about a student’s potential sexualperformance.5. Requesting details of a student’s sexual history.6. Requesting a date.7. Engaging in conversations regarding the sexual problems,preferences, or fantasies of either party.8. Inappropriate hugging, kissing, or excessive touching.9. Suggestions that a romantic relationship is desired after thestudent graduates, including post-graduation plans fordating or marriage.10. Any other acts tending to show that the educator solicited aromantic relationship with the student, including providingthe student with drugs or alcohol.Reporting Suspected Child AbusePolicies DF, DG, DH, FFG, GRAAll employees are required by state law to report any suspected child abuse orneglect to a law enforcement agency, Child Protective Services, or appropriatestate agency (e.g.: state agency operating, licensing, certifying, or registering afacility) within 48 hours of the event that led to the suspicion. Abuse is defined by47


SBEC and includes the following acts or omissions:Mental or emotional injury to a student or minor that results in anobservable and material impairment in the student’s or minor’sdevelopment, learning, or psychological functioning;Causing or permitting a student or minor to be in a situation in which thestudent or minor sustains a mental or emotional injury that results in anobservable and material impairment in the student’s or minor’sdevelopment, learning, or psychological functioning;Physical injury that results in substantial harm to a student or minor, orthe genuine threat of substantial harm from physical injury to the studentor minor, including an injury that is at variance with the history orexplanation given and excluding an accident or reasonable discipline; orSexual conduct harmful to a student’s or minor’s mental, emotional, orphysical welfare.Reports to Child Protective Services can be made to the Texas Abuse Hotline(800-252-5400) or on line at https://www.txabusehotline.org/. You will be requiredto create a user name and password the first time you make a report on the site.State law specifies that an employee may not delegate to or rely on anotherperson to make the report.Under state law, any person reporting or assisting in the investigation of reportedchild abuse or neglect is immune from liability unless the report is made in badfaith or with malicious intent. In addition, the <strong>District</strong> is prohibited from retaliatingagainst an employee who, in good faith, reports child abuse or neglect or whoparticipates in an investigation regarding an allegation of child abuse or neglect.An employee’s failure to report suspected child abuse may result in prosecutionas a Class A Misdemeanor. In addition, a certified employee’s failure to reportsuspected child abuse may result in disciplinary procedures by SBEC for aviolation of the Texas Educators Code of Ethics.<strong>Employee</strong>s who suspect that a student has been or may be abused or neglectedshould also report their concerns to the campus principal. This includes studentswith disabilities who are no longer minors. <strong>Employee</strong>s are not required to reporttheir concern to the principal before making a report to the appropriate agencies.In addition, employees must cooperate with child abuse and neglectinvestigators.Reporting the concern to the principal does not relieve the employee of therequirement to report to the appropriate state agency. In addition, employeesmust cooperate with investigators of child abuse and neglect. Interference with a48


child abuse investigation by denying an interviewer’s request to interview astudent at school or requiring the presence of a parent or school administratoragainst the desires of the duly authorized investigator is prohibited.Child Sexual AbuseThe <strong>District</strong> has established a plan for addressing child sexual abuse, which maybe accessed at the <strong>Employee</strong> Relation’s website. As an employee, it isimportant for you to be aware of warning signs that could indicate a child mayhave been or is being sexually abused. Sexual abuse in the Texas Family Codeis defined as any sexual conduct harmful to a child’s mental, emotional, orphysical welfare as well as to make a reasonable effort to prevent sexual conductwith a child. Anyone who suspects that a child has been or may be abused orneglected has a legal responsibility under state law for reporting the suspectedabuse or neglect to law enforcement or to Child Protective Services (CPS).<strong>Employee</strong>s are required to follow the procedures described above in ReportingSuspected Child Abuse.Technology ResourcesPolicy CQThe <strong>District</strong>’s technology resources, including its network access to the Internetare primarily for administrative and instructional purposes. The systems includeInternet access, printing, e-mail, server-based document storage, administrativesystems and <strong>District</strong> websites. Regardless of the system accessed, there areguidelines that must be followed by those who utilize these resources. Listedbelow are guidelines for the use of these resources:Supports instructional purposes and goals;Does not disrupt or damage technology resources or the educationalprocess;Does not violate the Student Code of Conduct or Educator’sProfessional Ethics;Includes student access only under staff supervision;Complies with all local, state, and federal laws, including copyright laws;Does not involve threatening behavior, harassment, or offensivematerials;Excludes commercial activity;Excludes political activity;Excludes distributing unsolicited mass e-mails;Conserves resources such as bandwidth, disk space, and paper;Respects network security as well as individual’s files, documents, andpasswords;Respects network security as well as individual’s files, documents, andpasswords;49


Includes an obligation to report inappropriate activity or security issuesto a teacher or supervisor;Avoids websites that promote pornography, computer hacking,intolerance, drug culture, gross depictions, militant/extremist, illegalactivities, gambling, or violence/profanity; andProtects the identities of students and avoids unnecessary disclosure ofpersonal information as defined by the Federal Family Education Rightsand Privacy Act (FERPA).Limited personal use is permitted if the use:Imposes no tangible cost to the district;Does not unduly burden the district’s technology resources; andHas no adverse effect on job performance or on a student’s academicperformance.Electronic mail transmissions and other use of technology resources are notconfidential and can be monitored at any time to ensure appropriate use.<strong>Employee</strong>s who are authorized to use the systems are required to abide by theprovisions of the <strong>District</strong>’s acceptable use policy and administrative procedures.Any user violating these provisions is subject to loss of network access and/orother disciplinary measures consistent with the Student or <strong>Employee</strong> Codes ofConduct, and/or criminal prosecution. <strong>Employee</strong>s with questions about computeruse and data management can contact the Executive Director of Technology at434-1001.Personal Use of Electronic MediaPolicy DHElectronic media includes all forms of social media, such as text messaging,instant messaging, electronic mail (e-mail), web logs (blogs), electronic forums(chat rooms), video sharing websites (e.g. YouTube), editorial comments postedon the internet, and social network sites (e.g. Facebook, MySpace, Twitter,LinkedIn). Electronic media also includes all forms of telecommunication such asland lines, cell phones, and web-based applications.As role models for the <strong>District</strong>’s students, employees are responsible for theirpublic conduct even when they are not acting as <strong>District</strong> employees. <strong>Employee</strong>swill be held to the same professional standards in their public use of electronicmedia as they are for any other public conduct. If an employee’s use ofelectronic media interferes with the employee’s ability to effectively perform his orher job duties, the employee is subject to disciplinary action, up to and includingtermination of employment. If an employee wishes to use a social network site orsimilar media for personal purposes, the employee is responsible for the content50


on the employee’s page, including content added by the employee, theemployee’s friends, or members of the public who can access the employee’spage, and for Web links on the employee’s page. The employee is alsoresponsible for maintaining privacy settings appropriate to the content.An employee who uses electronic media for personal purposes shall observe thefollowing:The employee shall not use the <strong>District</strong>’s logo or other copyrightedmaterial of the <strong>District</strong> without express, written consent.The employee continues to be subject to applicable state and federallaws, local policies, administrative regulations, and the Code of Ethicsand Standard Practices for Texas Educators, even whencommunicating regarding personal and private matters, regardless ofwhether the employee is using private or public equipment, on or offcampus. These restrictions include:o Confidentiality of student records. [See Policy FL]o Confidentiality of health or personnel information concerningcolleagues, unless disclosure serves lawful professionalpurposes or is required by law. [See Policy DH (EXHIBIT)]o Confidentiality of <strong>District</strong> records, including educatorevaluations and private e-mail addresses. [See Policy GBA]o Copyright law [See Policy CY]o Prohibition against harming others by knowingly making falsestatements about a colleague or the school system. [SeePolicy DH (EXHIBIT)]See Use of Electronic Media with Students, below, for regulations on employeecommunication with students through electronic media.Use of Electronic Media with StudentsPolicy DHA certified or licensed employee, or any other employee designated in writing bythe superintendent or a campus principal, may communicate through electronicmedia with students who are currently enrolled in the district. The employeemust comply with the provisions outlined below. All other employees areprohibited from communicating with students who are enrolled in the districtthrough electronic media.An employee is not subject to these provisions to the extent the employee has asocial or family relationship with a student. For example, an employee may havea relationship with a niece or nephew, a student who is the child of an adultfriend, a student who is a friend of the employee’s child, or a member or51


participant in the same civic, social, recreational, or religious organization.The following definitions apply for the use of electronic media with students:Electronic media includes all forms of social media, such as textmessaging, instant messaging, electronic mail (e-mail), web logs(blogs), electronic forums (chat rooms), video-sharing websites (e.g.YouTube), editorial comments posted on the internet, and socialnetwork sites (e.g. Facebook, MySpace, Twitter, LinkedIn). Electronicmedia also includes all forms of telecommunication such as landlines,cell phones, and web-based applications.Communicate means to convey information and includes a one-waycommunication as well as a dialogue between two or more people. Apublic communication by an employee that is not targeted at students(e.g., a posting on the employee’s personal social network page or blog)is not a communication; however, the employee may be subject todistrict regulations on personal electronic communications. SeePersonal Use of Electronic Media, above. Unsolicited contact from astudent through electronic means is not a communication.Certified or licensed employee means a person employed in a positionrequiring SBEC certification or a professional license, and whose jobduties may require the employee to communicate electronically withstudents. The term includes classroom teachers, counselors,administrators, librarians, paraprofessionals, nurses, educationaldiagnosticians, licensed therapists and athletic trainers.An employee who uses electronic media to communicate with students shallobserve the following:The employee may use any form of electronic media except textmessaging. Only a teacher, trainer, or other employee who has anextracurricular duty may use text messaging, and then only tocommunicate with students who participate in the extracurricular activityover which the employee has responsibility.The employee shall limit communications to matters within the scope ofthe employee’s professional responsibilities (e.g. for classroomteachers, matters relating to class work, homework, and tests; for anemployee with an extracurricular duty, matters relating to theextracurricular activity.The employee is prohibited from knowingly communicating withstudents through a personal social network page; the employee mustcreate a separate social network page (“professional page”) for thepurpose of communicating with students. The employee must enableadministration and parents to access the employee’s professional page.52


The employee does not have a right to privacy with respect tocommunications with students and parents.The employee continues to be subject to applicable state and federallaws, local policies, administrative regulations, and the Code of Ethicsand Standard Practices for Texas Educators, including:o Compliance with the Public Information Act and the FamilyEducational Rights and Privacy Act (FERPA), includingretention and confidentiality of student records. [See PoliciesCPC and FL]o Copyright Law [Policy CY]o Prohibitions against soliciting or engaging in sexual conduct ora romantic relationship with a student. [See Policy DF]Upon request from administration, an employee will provide the phonenumber(s), social network site(s), or other information regarding themethod(s) of electronic media the employee uses to communicate withany one or more currently-enrolled students.Upon written request from a parent or student, the employee shalldiscontinue communicating with the student through e-mail, textmessaging, instant messaging, or any other form of one-to-onecommunication.An employee may request an exception from one or more of the limitationsabove by submitting a written request to his or her immediate supervisor.Alcohol- and Drug-abuse PreventionPolicies DH, DI<strong>Ysleta</strong> ISD is committed to maintaining an alcohol- and drug-free environmentand will not tolerate the use of alcohol and illegal drugs in the workplace and atschool related or school-sanctioned activities on or off school property.<strong>Employee</strong>s who use or are under the influence of alcohol or illegal drugs asdefined by the Texas Controlled Substances Act during working hours may bedismissed. The <strong>District</strong>’s policy regarding employee drug use follows:Alcohol and DrugsA copy of this policy, the purpose of which is to eliminate drug abuse from theworkplace, shall be provided to each employee at the beginning of each year orupon employment.<strong>Employee</strong>s shall not manufacture, distribute, dispense, possess, use, or beunder the influence of any of the following substances during working hours whileat school or at school-related activities during or outside of usual working hours:1. Any controlled substance or dangerous drug as defined by law,53


including but not limited to marijuana, any narcotic drug,hallucinogen, stimulant, depressant, amphetamine, or barbiturate.2. Alcohol or any alcoholic beverage.3. Any abusable glue, aerosol paint, or any other chemical substancefor inhalation.4. Any other intoxicant, or mood-changing, mind-altering, or behavioralteringdrugs.An employee need not be legally intoxicated to be considered “under theinfluence” of a controlled substance.ExceptionAn employee who manufactures, possesses, or dispenses a substance listedabove as part of the employee’s job responsibilities, or who uses a drugauthorized by a licensed physician prescribed for the employee’s personal useshall not be considered to have violated this policy.Drug-Free Workplace RequirementsThe <strong>District</strong> prohibits the unlawful manufacture, distribution, dispensation,possession, or use of controlled substances, illegal drugs, inhalants, and alcoholin the workplace. 41 U.S.C. 702(a)(1)(A); 28 TAC 169.2.The <strong>District</strong> shall establish a drug-free awareness program to inform employeesabout the dangers of drug abuse in the workplace, the <strong>District</strong>'s policy ofmaintaining a drug-free workplace, any available drug counseling, rehabilitation,and employee assistance abuse programs, and the penalties that may beimposed upon employees for drug abuse violations. 41 U.S.C. 702(a)(1)(B); 28TAC 169.2.<strong>Employee</strong>s who violate this prohibition shall be subject to disciplinary sanctions.Such sanctions may include referral to drug and alcohol counseling orrehabilitation programs or employee assistance programs, termination fromemployment with the <strong>District</strong>, and referral to appropriate law enforcement officialsfor prosecution. [See policies at DH and DHE] 41 U.S.C. 702(a)(1)(A); 28TAC169.2.Compliance with these requirements and prohibitions is mandatory and is acondition of employment. As a further condition of employment, an employeeshall notify the Superintendent of any criminal drug statute conviction for aviolation occurring in the workplace no later than five days after such conviction.Within ten days of receiving such notice-from the employee or any other sourcethe<strong>District</strong> shall notify the granting agency of the conviction. 41 U.S.C.702(a)(1)(D), (EXHIBIT)54


Within 30 calendar days of receiving notice from an employee of a conviction forany drug statute violation occurring in the workplace, the <strong>District</strong> shall either (1)take appropriate personnel action against the employee, up to and includingtermination of employment, or (2) require the employee to participatesatisfactorily in a drug abuse assistance or rehabilitation program approved forsuch purposes by a federal, state, or local health agency, law enforcementagency, or other appropriate agency. 41 U.S.C. 703[This notice complies with notice requirements imposed by the federal Drug-FreeWorkplace Act (41 U.S.C. 702) and notice requirements imposed by the TexasWorkers' Compensation Commission rules at 28 TAC 169.2]Fraud and Financial ImproprietyPolicy CAAAll employees should act with integrity and diligence in duties involving the<strong>District</strong>’s financial resources. The <strong>District</strong> prohibits fraud and financialimpropriety, as defined below. Fraud and financial impropriety includes thefollowing: Forgery or unauthorized alteration of any document or accountbelonging to the <strong>District</strong>; Forgery or unauthorized alteration of a check, bank draft, or anyother financial document; Misappropriation of funds, securities, supplies, or other <strong>District</strong>assets, including employee time; Impropriety in the handling of money or reporting of <strong>District</strong> financialtransactions; Profiteering as a result of insider knowledge of <strong>District</strong> informationor activities; Unauthorized disclosure of confidential or proprietary information tooutside parties; Unauthorized disclosure of investment activities engaged in orcontemplated by the <strong>District</strong>; Accepting or seeking anything of material value from contractors,vendors, or other persons providing services or materials to the<strong>District</strong>; Destroying, removing, or inappropriately using records, furniture,fixtures, or equipment; Failing to provide financial records required by state or localentities; Failing to disclose conflicts of interest as required by policy; and Any other dishonest act regarding the finances of the <strong>District</strong>.Conflict of InterestPolicy, DBD<strong>Employee</strong>s are required to disclose to their supervisor any situation that creates55


a potential conflict of interest with proper discharge of assigned duties andresponsibilities or creates a potential conflict of interest with the best interests ofthe <strong>District</strong>. This includes the following:A personal financial interest;A business interest;Any other obligation or relationship; orNon-school employmentGifts and FavorsPolicy DBD<strong>Employee</strong>s may not accept gifts or favors that could influence, or be construed toinfluence, the employee’s discharge of assigned duties. The acceptance of a gift,favor, or service by an administrator or teacher that might reasonably tend toinfluence the selection of textbook, electronic textbook, instructional materials ortechnological equipment may result in prosecution of a Class B Misdemeanoroffense. This does not include staff development, teacher training, or instructionalmaterials, such as maps or worksheets, that convey information to students orcontribute to the learning process.Prizes, Gifts and Gift CertificatesIn order to remain in compliance with Federal law, the following guidelines are inplace for reporting the acceptance of prizes, gifts, and gift certificates from theemployer to the employee:All prizes, gifts and gift certificates in excess of $25.00 will beconsidered taxable earning and must be reported on the W-2.Any gift certificate, regardless of dollar amount, that are cashequivalents will be considered taxable earning and must be reported onthe W-2. For example, a $5.00 gift card from Wal-Mart.The source of the gift does not affect the above.The payroll department has developed a form whereby the employeewill accept the gift and acknowledge the tax consequences. This formwill be used to increase their earnings accordingly.Associations and Political ActivitiesPolicy DGAThe <strong>District</strong> will not directly or indirectly discourage employees from participatingin political affairs or require any employee to join any group, club, committee,organization, or association. <strong>Employee</strong>s may join or refuse to join anyprofessional association or organization.An individual’s employment will not be affected by membership or a decision notto be a member of any employee organization that exists for the purpose of56


dealing with employers concerning grievances, labor disputes, wages, rates ofpay, hours of employment, or conditions of work.Use of <strong>District</strong> resources, including work time, for political activities is prohibited.Charitable ContributionsPolicy DGThe Board or any employee may not directly or indirectly require or coerce andemployee to make a contribution to a charitable organization or in response to afundraiser. <strong>Employee</strong>s cannot be required to attend a meeting called for thepurpose of soliciting charitable contributions. In addition, the Board or anyemployee may not directly or indirectly require or coerce an employee to refrainfrom making a contribution to a charitable organization or in response to afundraiser or attending a meeting called for the purpose of soliciting charitablecontributions.Dress and GroomingPolicy DHThe dress and grooming of <strong>District</strong> employees shall be clean, neat, in a mannerappropriate for their assignments, and in accordance with any additionalstandards established by their supervisors.Cell Phone UsePersonal cell phones are not to be used during the instructional day or duringscheduled working hours, unless it is a <strong>District</strong>-related business matter. Cellphones may be used during lunch breaks, designated break times, andconference periods.SafetyPolicy CK seriesThe <strong>District</strong> has developed and promotes a comprehensive program to ensurethe safety of its employees, students, and visitors. The safety program includesguidelines and procedures for responding to emergencies and activities to helpreduce the frequency of accidents and injuries. To prevent or minimize injuries toemployees, co-workers, and students and to protect and conserve <strong>District</strong>equipment, employees must comply with the following requirements:Observe all safety rules.Keep work areas clean and orderly at all times.Immediately report all accidents to their supervisor.Operate only equipment or machines for which they have training andauthorization.<strong>Employee</strong>s with questions or concerns relating to safety programs and issues57


can contact the Risk Management Department at 434-0482.Tobacco UsePolicies DH, GKA, FNCDState law prohibits smoking or using tobacco products on all district- ownedproperty and at school-related or school-sanctioned activities, on or off campus.This includes all buildings, playground areas, parking facilities, and facilities usedfor athletics and other activities. Drivers of district-owned vehicles are prohibitedfrom smoking while inside the vehicle. Notices stating that smoking is prohibitedby law and punishable by a fine are displayed in prominent places in all schoolbuildings.Criminal History Background ChecksPolicy DBAA<strong>Employee</strong>s may be subject to a review of their criminal history record informationat any time during employment. National criminal history checks based on anindividual’s fingerprints, photo, and other identification will be conducted oncertain employees and entered into the Texas Department of Public Safety(DPS) Clearing house. This database provides the district and SBEC withaccess to an employee’s current national criminal history and updates to theemployee’s subsequent criminal history.<strong>Employee</strong> Arrests and ConvictionsPolicy DHAn employee must notify his or her principal or direct supervisor within threecalendar days of ANY arrest, in addition to indictment, conviction, no contest orguilty plea, or adjudication of any felony, and any other of the offenses listedbelow.Crimes involving school property or funds;Crimes involving attempt by fraudulent or unauthorized means to obtainor alter any certificate or permit that would entitle any person to hold orobtain a position as an educator;Crimes that occur wholly or in part on school property or at a schoolsponsoredactivity;Crimes involving moral turpitude.Moral turpitude includes the following:Dishonesty;Fraud;Deceit;Theft;Misrepresentation;Deliberate violence;58


Base, vile, or depraved acts that are intended to arouse or;Gratify the sexual desire of the actor;Crimes involving any felony possession or conspiracy to possess, orany misdemeanor or felony transfer, sale, distribution, or conspiracy totransfer, sell, or distribute any controlled substance;Felonies involving driving while intoxicated (DWI) or driving under theinfluence (DUI) of drugs or alcohol;Acts constituting abuse or neglect under the SBEC rules;If an educator is arrested or criminally charged, the Superintendent isalso required to report the educator’s criminal history to the Division ofInvestigations at TEA.The supervisor will immediately notify <strong>Employee</strong> Relations for review of thematter. An employee who is convicted of or receives deferred adjudicationfor any such offense must also report that event to the principal, directsupervisor, or <strong>Employee</strong> Relations within 3 calendar days.Possession of Firearms and WeaponsPolicies FNCG, GKA<strong>Employee</strong>s, visitors, and students, including those with a license to carry aconcealed handgun, are prohibited from bringing firearms, knives, clubs or otherprohibited weapons onto school premises (i.e., building or portion of a building)or any grounds or building where a school-sponsored activity takes place. Toensure the safety of all persons, employees who observe or suspect a violationof the <strong>District</strong>’s weapons policy should report it to their supervisors or call the<strong>District</strong>’s Security Office at (915) 434-0193 immediately.Visitors in the WorkplacePolicy GKCAll visitors are expected to enter any <strong>District</strong> facility through the main entranceand sign in or report to the building’s main office. Authorized visitors will receivedirections or be escorted to their destination. <strong>Employee</strong>s who observe anunauthorized individual on district premises should immediately direct him or herto the building office or contact the administrator in charge.Copyrighted MaterialsPolicy CY<strong>Employee</strong>s are expected to comply with the provisions of federal copyright lawrelating to the unauthorized use, reproduction, distribution, performance, ordisplay of copyrighted materials (i.e., printed material, videos, computer data andprograms, etc.). Electronic media, including motion pictures and otheraudiovisual works, are to be used in the classroom for instructional purposesonly. Duplication or backup of computer programs and data must be made withinthe provisions of the purchase agreement.59


Asbestos Management PlanPolicy CKAThe <strong>District</strong> is committed to providing a safe environment for employees. Anaccredited management planner has developed an asbestos management planfor each piece of <strong>District</strong> property. A copy of the <strong>District</strong>’s management plan iskept in the Facilities office and is available for inspection during normal businesshours.Pest Control TreatmentPolicies DI, CLB<strong>Employee</strong>s are prohibited from applying any pesticide or herbicide withoutappropriate training and prior approval of the integrated pest management (IPM)coordinator. Any application of pesticide or herbicide must be done in a mannerprescribed by law and the <strong>District</strong>’s integrated pest management program.Notices of planned pest control treatment will be posted in a <strong>District</strong> building 48hours before the treatment begins. Notices are generally located in the Custodialoffice. In addition, individual employees may request in writing to be notified ofpesticide applications. An employee who requests individualized notice will benotified by telephone, written, or electronic means. Pest control informationsheets are available from campus principals or facility managers upon request.GENERAL PROCEDURESBad Weather ClosingThe <strong>District</strong> may close schools because of bad weather or emergency conditions.When such conditions exist, the superintendent will make the official decisionconcerning the closing of the <strong>District</strong>’s facilities. When it becomes necessary toopen late, to release students early, or to cancel school, district officials will posta notice on the district’s website and notify the following radio and televisionstations:Clear Channel CommunicationsKHEY 1380 AM/96.3 FM 351-5400 or 880-9696KPRR 102.1 FM 351-5400 or 880-5777KTSM 690 AM/99.9 FM 351-5400 or 880-9909KLAQ 95.5 FM 880-4955KROD 600 AM 880-5763 or 544-9550KSII 93.1 FM 880-939360


Regent BroadcastingKINT 93.9 FM 581-1126KOFX 92.3 FM 581-1126 or 880-9292KHRO 1650 AM 581-1126KBNA 920 AM/97.5 FM 544-0235 or 880-9736KTEP 88.5 FM 747-5153 or 880-5837EmergenciesPolicies CKC, CKDAll employees should be familiar with the safety procedures for responding to amedical emergency and the evacuation diagrams posted in their work areas.Emergency drills will be conducted to familiarize employees and students withsafety and evacuation procedures. Each campus is equipped with an automaticexternal defibrillator. Fire extinguishers are located throughout all <strong>District</strong>buildings. <strong>Employee</strong>s should know the location of these devices and proceduresfor their use.Purchasing ProceduresPolicy CHAll requests for purchases must be submitted to the Purchasing department onan official <strong>District</strong> purchase order (PO) form with the appropriate approvalsignatures. No purchases, charges, or commitments to buy goods or services forthe <strong>District</strong> can be made without a PO number. The <strong>District</strong> will not reimburseemployees or assume responsibility for purchases made without authorization.<strong>Employee</strong>s are not permitted to purchase supplies or equipment for personal usethrough the <strong>District</strong>’s business office. Contact the <strong>District</strong>’s Director of PurchasingServices at 434-0288 for additional information on purchasing procedures.Name and Address ChangesIt is important that employment records be kept up to date. <strong>Employee</strong>s mustnotify the Risk Management Department if there are any changes or correctionsto their name, home address, contact telephone number, marital status,emergency contact, or beneficiary. Forms to process a change in personalinformation can be obtained from Risk Management.Personnel RecordsPolicy GBAMost <strong>District</strong> records, including personnel records, are public information andmust be released upon request. <strong>Employee</strong>s may choose to have the followingpersonal information withheld:61


AddressPhone numberSocial Security numberInformation that reveals whether they have family membersThe choice to not allow public access to this information may be made at anytime by submitting a written request to Records Management. New or terminatingemployees have 14 days after hire or termination to submit a request. Otherwise,personal information will be released to the public.Building UsePolicies DGA, GKD<strong>Employee</strong>s who wish to use <strong>District</strong> facilities after school hours must followestablished procedures. The Operations Department is responsible forscheduling the use of facilities after school hours. Contact the <strong>District</strong>’sOperations Department Secretary to request to use school facilities and to obtaininformation on the fees charged.Car Rental/Auto Liability InsuranceWhen an employee rents a car for <strong>District</strong> business, the following precautions arerecommended to ensure the <strong>District</strong>’s Auto Liability Insurance is the primarycoverage: The rental agreement should include the employee’s name and “<strong>YISD</strong>”(i.e. John Doe/<strong>YISD</strong>). If “<strong>YISD</strong>” is not shown with the employee’s name,then the contract is between the rental company and the individual. Therefore, the <strong>District</strong>’s auto policy will not provide coverage. The renter should purchase Collision Damage Waiver (CDW). Thisensures that if the vehicle is damaged in any way, the rental company’sinsurance pays all the damages.As for liability of an employee driving a rental car, the <strong>District</strong>’s policy will respondon behalf of the employee, up to the <strong>District</strong>’s policy limits, but only if “<strong>YISD</strong>” isshown as a named renter with the individual.As per regulation CNA-R, rental and/or transportation of students in 15passenger vans shall be prohibited at all times, regardless of the number ofstudents to be transported.TERMINATION OF EMPLOYMENTResignationsPolicy DFEContract employees. Contract employees may resign their position without62


penalty at the end of any school year if written notice is received 45 days beforethe first day of instruction of the following school year. A written notice ofresignation should be submitted to the Human Resources office. Contractemployees may resign at any other time only with the approval of theSuperintendent or the Board of Trustees or its designee. Resignation withoutconsent may result in disciplinary action by the State Board for EducatorCertification (SBEC).The superintendent will notify SBEC when an employee resigns and reasonableevidence exists to indicate that the employee has engaged in any of the actslisted in Reports to Texas Education Agency, on page 64.Noncontract employees. Noncontract employees may resign their positions atany time. A written notice of resignation should be submitted to the HumanResources office at least two weeks prior to the effective date. <strong>Employee</strong>s areencouraged to include the reasons for leaving in the letter of resignation but arenot required to do so.Dismissal or Nonrenewal of Contract <strong>Employee</strong>sPolicies DFAA, DFAB, DFBA, DFBB, DFCA, DFD, DFF, DFFA, DFFB, DFFC<strong>Employee</strong>s on probationary, term, and continuing contracts can be dismissedduring the school year according to the procedures outlined in <strong>District</strong> policies.<strong>Employee</strong>s on probationary or term contracts can be non-renewed at the end ofthe contract term. Contract employees dismissed during the school year,suspended without pay, or subject to a reduction in force are entitled to receivenotice of the recommended action, an explanation of the charges against them,and an opportunity for a hearing. Advance notification requirements do notapply when a contract employee is dismissed for failing to obtain or maintainappropriate certification or when the employee’s certification is revoked formisconduct. Information on the time lines and procedures can be found in theDF policies that are available to employees on the <strong>District</strong> website www.yisd.net.Dismissal of Noncontract <strong>Employee</strong>sPolicy DCDNoncontract employees are employed at-will and may be dismissed withoutnotice, a description of the reasons for dismissal, or a hearing. It is unlawful forthe <strong>District</strong> to dismiss any employee for reasons of race, color, religion, gender,national origin, age, disability, military status, genetic information, any other basisprotected by law, or in retaliation for the exercise of certain protected legal rights.Noncontract employees who are dismissed have the right to grieve thetermination. The dismissed employee must follow the <strong>District</strong> process outlined inthis handbook when pursuing the grievance. (See Complaints and grievances,page 27.)63


Exit interviews and ProceduresPolicies DC and CYExit interviews will be scheduled for all employees leaving the <strong>District</strong>.Information on the continuation of benefits, release of information, andprocedures for requesting references will be provided at this time. Separatingemployees are asked to provide the <strong>District</strong> with a forwarding address and phonenumber and complete a questionnaire that provides the <strong>District</strong> with feedback onhis or her employment experience.All district keys, books, property including intellectual property, and equipmentmust be returned upon separation from employment.Reports to the Texas Education AgencyPolicy DFThe dismissal of a certified employee must be reported to the Division ofInvestigations at TEA whenever the termination is based on a determination thatthe employee was involved in any of the following:Any form of sexual or physical abuse of a minor or any other unlawfulconduct with a student or a minor;Soliciting or engaging in sexual conduct or a romantic relationship with astudent or minor;The possession, transfer, sale, or distribution of a controlled substance;The illegal transfer, appropriation, or expenditure of district property orfunds;An attempt by fraudulent or unauthorized means to obtain or alter anycertificate or permit for the purpose of promotion or additionalcompensation;Committing a criminal offense or any part of a criminal offense ondistrict property or at a school-sponsored event;The Superintendent is also required to notify TEA when a certified employeeresigns and there is reasonable evidence that would support a recommendationto terminate employment because of the conduct listed above.The reporting requirements above are in addition to the Superintendent’songoing duty to notify TEA when a certified employee has a reported criminalhistory. “Reported criminal history” means any formal criminal justice systemcharges and disposition including arrests, detentions, indictments, criminalinformation, convictions, deferred adjudications, and probations in any state orfederal jurisdiction.Reports Concerning Court-Ordered WithholdingThe <strong>District</strong> is required to report the termination of employees that are undercourt order or writ of withholding for child support or spousal maintenance to the64


court and the individual receiving the support (Texas Family Code §8.210,158.211).Notice of the following must be sent to the court and support recipient:Termination of employment not later than the seventh day after the dateof termination;<strong>Employee</strong>’s last known address;Name and address of the employee’s new employer, if known.STUDENT ISSUESEqual Educational OpportunitiesPolicies FB, FFHThe <strong>Ysleta</strong> ISD does not discriminate on the basis of race, color, religion,national origin, gender, genetic information or disability in providing educationservices, activities, and programs, including vocational programs, in accordancewith Title VI of the Civil Rights Act of 1964, as amended; Title IX of theEducational Amendments of 1972; and Section 504 of the Rehabilitation Act of1973, as amended.Questions or concerns about discrimination of students based on sex, includingsexual harassment should be directed to the <strong>District</strong>’s Title IX coordinator.Questions or concerns about discrimination on the basis of a disability should bedirected to the Executive Director of Special Education at 434-0905, the <strong>District</strong>ADA/Section 504 coordinator.Student RecordsPolicy FLStudent records are confidential and are protected from unauthorized inspectionor use. <strong>Employee</strong>s should take precautions to maintain the confidentiality of allstudent records.The following people are the only people who have general access to a student’srecords:Parents: Married, separated, or divorced, unless parental rights havebeen legally terminated and the school has been given a copy of thecourt order terminating parental rights;The student: The rights of parents transfer to a student who turns 18 orwho is enrolled in an institution of post-secondary education. A districtis not prohibited from granting the student access to the student’srecords before this time;<strong>School</strong> officials with legitimate educational interests.65


The student handbook provides parents and students with detailed informationon student records. Parents or students who want to review student recordsshould be directed to the campus principal or registrar for assistance.Parent and Student ComplaintsPolicy FNGIn an effort to hear and resolve parent and student complaints in a timely mannerand at the lowest administrative level possible, the Board has adopted orderlyprocesses for handling complaints on different issues. Any campus office or theSuperintendent’s office can provide parents and students with information onfiling a complaint.Parents are encouraged to discuss problems or complaints with the teachers orthe appropriate administrator at any time. Parents and students with complaintsthat cannot be resolved to their satisfaction should be directed to the campusprincipal. The formal complaint process provides parents and students with anopportunity to be heard up to the highest level of management if they aredissatisfied with a principal’s response.Administering Medication to StudentsPolicy FFACOnly designated employees may administer prescription medication,nonprescription medication, and herbal or dietary supplements to students.Exceptions apply to the self-administration of asthma medication, medication foranaphylaxis (e.g. EpiPen), and medication for diabetes management, if themedication is self-administered in accordance with <strong>District</strong> policy and procedures.A student who must take any other medication during the school day must bringa written request from his or her parent and the medicine, in its original, properlylabeled container. Contact the principal or school nurse for information onprocedures that must be followed when administering medication to students.Dietary SupplementsPolicies DH, FFAC<strong>District</strong> employees are prohibited by state law from knowingly selling, marketing,or distributing a dietary supplement that contains performance-enhancingcompounds to a student with whom the employee has contact as part of his orher school <strong>District</strong> duties. In addition, employees may not knowingly endorse orsuggest the ingestion, intranasal application, or inhalation of a performanceenhancingdietary supplement to any student.Psychotropic DrugsPolicy FFACA psychotropic drug is a substance used in the diagnosis, treatment, orprevention of a disease or as a component of a medication. It is intended to66


have an altering effect on perception, emotion, or behavior and is commonlydescribed as a mood- or behavior-altering substance.<strong>District</strong> employees are prohibited by state law from doing the following:Recommending that a student use a psychotropic drug;Suggesting a particular diagnosis; orExcluding from class or school-related activity a student whose parentrefuses to consent to a psychiatric evaluation or to authorize theadministration of a psychotropic drug to a studentStudent Conduct and DisciplinePolicies in the FN and FO seriesStudents are expected to follow the classroom rules, campus rules, and ruleslisted in the Student <strong>Handbook</strong> and Student Code of Conduct. Teachers andadministrators are responsible for taking disciplinary action based on a range ofdiscipline management strategies that have been adopted by the <strong>District</strong>. Otheremployees that have concerns about a particular student’s conduct shouldcontact the classroom teacher or campus principal.Student AttendancePolicy FEBTeachers and staff should be familiar with the <strong>District</strong>’s policies and proceduresfor attendance accounting. These procedures require minor students to haveparental consent before they are allowed to leave campus. When absent fromschool, the student, upon returning to school, must bring a note signed by theparent that describes the reason for the absence. These requirements areaddressed in campus training and in the student handbook. Contact the campusprincipal for additional information.BullyingPolicy FFIAll employees are required to report student complaints of bullying to the Directorof Pupil and Parent Services. The district’s policy includes definitions andprocedures for reporting and investigating bullying of students and is reprinted onpage 44 of the <strong>Employee</strong> <strong>Handbook</strong>.HazingPolicy FNCCStudents must have prior approval from the principal or designee for any type of“initiation rites” of a school club or organization. While most initiation rites arepermissible, engaging in or permitting “hazing” is a criminal offense. Anyteacher, administrator, or employee who observes a student engaged in any formof hazing, who has reason to know or suspect that a student intends to engage in67


hazing, or has engaged in hazing must report that fact or suspicion to a campusadministrator.68


<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong><strong>Handbook</strong> 2012-2013Name: ___________________________<strong>Employee</strong> ID: ______________________Location: __________________________EMPLOYEE HANDBOOK RECEIPTI hereby acknowledge the receipt of the <strong>Ysleta</strong> ISD <strong>Employee</strong> <strong>Handbook</strong> in ahard copy or in an electronic format. I agree to read the handbook and abide bythe standards, policies, and procedures defined and referenced in this document.The information in this handbook is subject to change. I understand thatchanges in <strong>District</strong> policies may supersede, modify, or render obsolete theinformation summarized in the booklet. As the <strong>District</strong> provides updated policyinformation, I accept responsibility for reading and abiding by the changes.I understand that no modification to contractual relationships or alterations of atwillemployment relationships is intended by this handbook.I understand that I have an obligation to inform Risk Management and mysupervisor or department head of any changes in personal information, such asphone number, address, etc. I also accept responsibility for contacting mysupervisor or the <strong>Employee</strong> Relations Department if I have questions orconcerns or need further explanation.Please sign your name as it appears on the top of this page.____________________________ ____________________SignatureDate69


<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong><strong>Handbook</strong> 2012-2013Name: ___________________________<strong>Employee</strong> ID: ______________________Location: __________________________YSLETA ISD ACCEPTABLE USE GUIDELINES<strong>Ysleta</strong> ISD makes no guarantee of any kind, whether expressed or implied, forthe technology services it is providing with regard to computers, networks, and/orinternet services. <strong>Ysleta</strong> ISD will not be responsible for any damages a user maysuffer, including loss of data or interruptions in service. <strong>Ysleta</strong> ISD will not beresponsible for the accuracy or quality of information obtained through <strong>Ysleta</strong>technology resources or the Internet.“I understand and will abide by the <strong>Ysleta</strong> ISD Acceptable Use Guidelines. Ifurther understand that any violation of the Acceptable Use Guidelines isunethical and may constitute a criminal offense. Should I commit any violationmy access privileges will be revoked and/or appropriate disciplinary actions maybe taken.”Please sign your name as it appears on the top of the first page.____________________________ ____________________SignatureDate70


<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong><strong>Handbook</strong> 2012-2013Name: ___________________________<strong>Employee</strong> ID: ______________________Location: __________________________PERSONAL USE OF ELECTRONIC MEDIAElectronic media includes all forms of social media, such as text messaging,instant messaging, electronic mail (e-mail), web logs (blogs), electronic forums(chat rooms), video sharing websites (e.g. YouTube), editorial comments postedon the internet, and social network sites (e.g. Facebook, MySpace, Twitter,LinkedIn). Electronic media also includes all forms of telecommunication such asland lines, cell phones, and web-based applications.As role models for the <strong>District</strong>’s students, employees are responsible for theirpublic conduct even when they are not acting as <strong>District</strong> employees. <strong>Employee</strong>swill be held to the same professional standards in their public use of electronicmedia as they are for any other public conduct. If an employee’s use ofelectronic media interferes with the employee’s ability to effectively perform his orher job duties, the employee is subject to disciplinary action, up to and includingtermination of employment. If an employee wishes to use a social network siteor similar media for personal purposes, the employee is responsible for thecontent on the employee’s page, including content added by the employee, theemployee’s friends, or members of the public who can access the employee’spage, and for Web links on the employee’s page. The employee is alsoresponsible for maintaining privacy settings appropriate to the content.An employee who uses electronic media for personal purposes shall observe thefollowing:The employee shall not use the <strong>District</strong>’s logo or other copyrightedmaterial of the <strong>District</strong> without express, written consent.The employee continues to be subject to applicable state and federallaws, local policies, administrative regulations, and the Code of Ethicsand Standard Practices for Texas Educators, even when71


communicating regarding personal and private matters, regardless ofwhether the employee is using private or public equipment, on or offcampus. These restrictions include:ooConfidentiality of student records. [See Policy FL]Confidentiality of health or personnel information concerningcolleagues, unless disclosure serves lawful professionalpurposes or is required by law. [See Policy DH (EXHIBIT)]o Confidentiality of <strong>District</strong> records, including educatorevaluations and private e-mail addresses. [See Policy GBA]ooCopyright law [See Policy EFE]Prohibition against harming others by knowingly making falsestatements about a colleague or the school system. [SeePolicy DH (EXHIBIT)]See Use of Electronic Media with Students, below, for regulations on employeecommunication with students through electronic media.____________________________ ____________________SignatureDate72


<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong><strong>Handbook</strong> 2012-2013Name: ___________________________<strong>Employee</strong> ID: ______________________Location: __________________________USE OF ELECTRONIC MEDIA WITH STUDENTSA certified or licensed employee, or any other employee designated in writing bythe superintendent or a campus principal, may communicate through electronicmedia with students who are currently enrolled in the district. The employeemust comply with the provisions outlined below. All other employees areprohibited from communicating with students who are enrolled in the districtthrough electronic media.An employee is not subject to these provisions to the extent the employee has asocial or family relationship with a student. For example, an employee may havea relationship with a niece or nephew, a student who is the child of an adultfriend, a student who is a friend of the employee’s child, or a member orparticipant in the same civic, social, recreational, or religious organization.The following definitions apply for the use of electronic media with students:Electronic media includes all forms of social media, such as textmessaging, instant messaging, electronic mail (e-mail), web logs(blogs), electronic forums (chat rooms), video-sharing websites (e.g.YouTube), editorial comments posted on the internet, and socialnetwork sites (e.g. Facebook, MySpace, Twitter, LinkedIn). Electronicmedia also includes all forms of telecommunication such as landlines,cell phones, and web-based applications.Communicate means to convey information and includes a one-waycommunication as well as a dialogue between two or more people. Apublic communication by an employee that is not targeted at students(e.g., a posting on the employee’s personal social network page or blog)is not a communication; however, the employee may be subject todistrict regulations on personal electronic communications. SeePersonal Use of Electronic Media, above. Unsolicited contact from astudent through electronic means is not a communication.73


Certified or licensed employee means a person employed in a positionrequiring SBEC certification or a professional license, and whose jobduties may require the employee to communicate electronically withstudents. The term includes classroom teachers, counselors,administrators, librarians, paraprofessionals, nurses, educationaldiagnosticians, licensed therapists and athletic trainers.An employee who has written designation and uses electronic media tocommunicate with students shall observe the following:The employee may use any form of electronic media except textmessaging. Only a teacher, trainer, or other employee who has anextracurricular duty may use text messaging, and then only tocommunicate with students who participate in the extracurricular activityover which the employee has responsibility.The employee shall limit communications to matters within the scope ofthe employee’s professional responsibilities (e.g. for classroomteachers, matters relating to class work, homework, and tests; for anemployee with an extracurricular duty, matters relating to theextracurricular activity).The employee is prohibited from knowingly communicating withstudents through a personal social network page; the employee mustcreate a separate social network page (“professional page”)_for thepurpose of communicating with students. The employee must enableadministration and parents to access the employee’s professional page.The employee does not have a right to privacy with respect tocommunications with students and parents.The employee continues to be subject to applicable state and federallaws, local policies, administrative regulations, and the Code of Ethicsand Standard Practices for Texas Educators, including:oooCompliance with the Public Information Act and the FamilyEducational Rights and Privacy Act (FERPA), includingretention and confidentiality of student records. [See PoliciesCPC and FL]Copyright Law [Policy EFE]Prohibitions against soliciting or engaging in sexual conduct ora romantic relationship with a student. [See Policy DF]74


ooUpon request from administration, an employee will provide thephone number(s), social network site(s), or other informationregarding the method(s) of electronic media the employeeuses to communicate with any one or more currently-enrolledstudents.Upon written request from a parent or student, the employeeshall discontinue communicating with the student through e-mail, text messaging, instant messaging, or any other form ofone-to-one communication.An employee may request an exception from one or more of the limitationsabove by submitting a written request to his or her immediate supervisor. Suchexceptions shall not apply unless it is granted in writing.____________________________ ___________________SignatureDate75


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YSLETA INDEPENDENT SCHOOL DISTRICT9600 SIMS DRIVE - EL PASO, TEXAS 79925-7225PHONE (915) 434-0000CAMPUSES7 – HIGH SCHOOLSCampus/Address/Area Phone/FAX PrincipalBel Air HS / 001731 Yarbrough Dr. (15)Area IIDel Valle HS / 008950 Bordeaux Dr. (07)Area IEastwood HS / 0022430 McRae Blvd (25)Area IIJ.M. Hanks HS / 0072001 Lee Trevino Dr. (35)Area IIIParkland HS / 0035932 Quail Lane (24)Area IIIRiverside HS / 005301 Midway Dr. (15)Area I<strong>Ysleta</strong> HS / 0048600 Alameda Ave. (07)Area I434-2000593-6110 - F434-3000858-1427 - F434-4000594-8014 – F434-5000598-4621 - F434-6000434-6291 - F434-7000779-6983 - F434-8000858-3299 – FDr. Dora De La RosaCarmen CrosseArmenia SmithLouis MartinezMiles HumeMichael MartinezFrank Burton11 - MIDDLE SCHOOLSCampus/Address/Area Phone/FAX PrincipalCamino Real MS / 0519393 Alameda Ave. (07)Area IDesert View MS / 0481641 Billie Marie Dr. (36)Area III434-8300858-3743 – F434-5300591-9327 – FDolores ChaparroMichelle Kehrwald78


Eastwood MS / 0432612 Chaswood St. (35)Area IIHillcrest MS / 0458040 Yermoland Dr. (07)Area IIIndian Ridge MS / 05011201 Pebble Hills Blvd. (36)Area IIIParkland MS / 0426045 Nova Way (24)Area IIIRanchland Hills MS / 0497615 Yuma Dr. (15)Area IIRio Bravo MS / 052525 Greggerson Dr. (07)Area IRiverside MS / 0447615 Mimosa Ave. (15)Area IValley View MS / 0478660 North Loop Dr. (07)Area I<strong>Ysleta</strong> MS / 0468691 Independence Dr. (07)Area I434-4300591-9426 – F434-2200591-9439 - F434-5400591-9447 – F434-6300757-6608 – F434-2300592-0036 – F434-8400872-0269 – F434-7300772-7549 – F434-3300858-3615 - F434-8200858-0261 - FMalinda Carri-VillalobosDr. Lucy LozanoGraciela MartinezJavier SalgadoCarmen CrawfordAntonio AcuñaMaria AnayaDr. Catherine KennedyIrene Medina1 - EARLY COLLEGE HIGH SCHOOLCampus/Address/Area Phone/FAX PrincipalValle Verde Early CollegeHS / 017919 Hunter Dr. (15)Area III434-1500594-3900594-7112 – FPaul Covey79


3 – ALTERNATIVE CAMPUSESCampus/Address/Area Phone/FAX PrincipalCesar Chavez Academy /0147814 Alameda Ave. (15)Area IIIPlato Academy /0338441 Alameda Ave. (07)Area IIITejas <strong>School</strong> of Choice /0107500 Alpha Street (07)Area III434-9600434-9800779-2068 - F434-9000772-8366 – F434-9900772-8366 - FAustin BurtonJuan Contreras2 – ELEMENTARY / K-8 CAMPUSESCampus/Address/Area Phone/FAX PrincipalAlicia R. Chacon Intn’lLanguage <strong>School</strong> / 138221 Prado Rd. (07)Area IEastwood Knolls / 10610000 Buckwood Ave. (25)Area II434-9200859-2131-F434-4400592-0339 - FGloria I. Polanco-McNealyHomero Silva35-ELEMENTARY CAMPUSESCampus/Address/Area Phone/FAX PrincipalAscarate / 1017090 Alameda Ave. (15)Area ICadwallader / 1027988 Alameda Ave. (15)Area ICapistrano / 127240 Mecca St. (07)Area I434-7400772-8051 – F434-7500858-0873 – F434-8600860-2750 – FMauricio CanoRuben FloresLynn Musel80


Cedar Grove / 103218 Barker Rd. (15)Area IConstance Hulbert / 1397755 Franklin Dr. (15)Area IDel Norte Heights / 1041800 Winslow Rd. (15)Area IIDel Valle / 1459251 Escobar (07)Area IDesertaire / 1366301 Tiger Eye Dr. (24)Area IIIDolphin Terrace / 1059790 Pickerel Dr. (24)Area IIIEast Point / 1202400 Zanzibar (25)Area IIEastwood Heights / 12410530 Janway Dr. (25)Area IIEdgemere / 10710300 Edgemere Blvd. (25)Area IIGlen Cove / 12910955 Sam Snead Dr. (36)Area IIIHacienda Heights / 1087530 Acapulco Ave. (15)Area IILancaster / 1339230 Elgin Dr. (07)Area ILeBarron Park / 130920 Burgundy Ave. (07)Area ILoma Terrace / 1098200 Ryland Ct. (07)Area II434-7600772-8092 – F434-6900772-8166 – F434-2400591-8862 – F434-9300858-1281 – F434-6400821-0634 - F434-6500757-8073 – F434-4500591-8958 – F434-4600591-8960 – F434-4700590-8335 – F434-5500591-9024 – F434-2500591-9044 – F434-3400860-2315 – F434-3500860-2817 –F434-2600591-9111 – FGloria Olivas LevinsFrances CoxWendy BanegasLisa LopezMary Ann OlivasDeborah VasquezDana BoydEmilio QuirozJose PerezElizabeth OrtizMaria AguilarDolores AcostaNorma SierraSusanna Gonzalez81


Marian Manor / 1108300 Forrest Haven Ct. (07)Area IMesa Vista / 1218032 Alamo Ave. (07)Area IMission Valley / 1358674 North Loop Dr. (07)Area INorth Loop / 112412 Emerson St. (15)Area IINorth Star / 1425950 Sean Haggerty (24)Area IIIParkland / 1136330 Deer Ave. (24)Area IIIPasodale / 1228253 McElory Ave. (07)Area IPebble Hills / 13111145 Edgemere Blvd. (36)Area IIIPresa / 123128 Presa Place (07)Area IRamona / 114351 Nichols Rd. (15)Area IREL Washington / 1413505 Lee Trevino Dr. (36)Area IIISageland / 1167901 Santa Monica Ct. (15)Area IIScotsdale / 1172901 McRae Blvd. (25)Area IISouth Loop / 118520 Southside Rd. (07)Area I434-3600591-9131 – F434-2700591-9171434-2800860-0049 – F434-2800591-9202 – F434-6700822-9386 – F434-6600757-9458 – F434-8500858-1269 – F434-5600591-9222 – F434-8700860-2810 – F434-7700772-8153 – F434-5900590-6535 – F434-2900591-9228 – F434-4800591-9270 – F434-8800860-9075 – FVirginia PadillaConnie Fattorini-VasquezRuben CadenaDenise JonesMaritza BalderamaRoxanne MerfaDavid MedinaRobert MartinezRosa LujanIrene MedlinPauline MuelaElisa AguilarGloria OlivasGloria Magallanez82


Thomas Manor / 1117900 Jersey St. (15)Area ITierra Del Sol / 1321832 Tommy Aaron Dr. (36)Area IIIVista Hills / 12810801 La Subida Dr. (35)Area III<strong>Ysleta</strong> / 1198624 Dorbandt Cir. (07)Area I434-7800772-8301 – F434-5800591-9271434-5700591-9305 – F434-8900252-1261 – FMarcelino FrancoElizabeth CastroMo BatresNorma Corral3 – PRE-KINDERGARTEN CAMPUSESCampus/Address/Area Phone/FAX PrincipalParkland Pre-K Center/1135920 Quail (24)Area IIIRFK Pre-K Center / 1409009 Alameda Ave. (07)Area III<strong>Ysleta</strong> Pre-K Center / 1347940 Craddock (15)Area III435-7800TBA - F434-9100860-7530 – F434-9500591-9325 - FAP – Dr. Martha Murguia-GarciaEspie FloresSandra Perez1 – ADULT LEARNING CENTERCampus/Address/Area Phone/FAX Principal<strong>Ysleta</strong> CommunityLearning Center / 013121 Padres (07)Area III434-9400858-6307 – FFred Anaya83


IndexAAdministering medication to students 66AED 7Alcohol and drug testing 6, 7, 53, 54Arrests and convictions 58Asbestos management plan 60Assault leave 24Associations 56At-will employment 1, 5, 6, 8, 28, 37, 63, 69Automatic payroll deposits 11Ancillary 6, 8, 11BBad weather closing 60Benefitscafeteria plan 13leave 15other 14teacher retirement 5, 11, 14workers’ compensation 13, 14, 23, 24, 55Binding Arbitration 33Boardgeneral meeting information 4meeting schedule 4members 4of Trustees 3, 4, 27Building use 62CCafeteria plan benefits 13Calendar 77Campus directory 78-83Car rental/auto liability insurance 62Catastrophic Leave 18CDL 6, 7Cell phone 57Certificationfirst aid and CPR 7parent notification 8teacher 5, 6Change of address 61Child abuse reporting 47Code of ethics 3484


Committees/Councils 10Communication 27Compensation 10-14Complaintsemployee 27parent and student 66specific 29whistle blower 30Compliance Coordinators 40, 41Conflict of Interest 55Contractemployment 5noncertified employees 6probationary 5, 6, 28, 29, 63term & continuing 6Copyrighted materials 59Court appearances 24Court Ordered Withholdings 64Credit Union 11Criminal background 58DDietary supplements 66Directories 78-83Disclaimer 1Discretionary 16, 17Discrimination 5,16, 22, 26, 28, 29, 37, 38, 39, 40, 43, 65Dismissalcontract employees 7, 62, 63noncontract employees 63<strong>District</strong>communications 27goals and objectives 2information 1vision statement 2Donation of days 18Dress and grooming 57Drug-abuse prevention 53Drug free workplace 53Drugs, psychotropic 66, 67Duty free lunch 8EEAP 7, 1585


Electronic Media 50, 51, 52, 53, 59, 71-75Emergencies 61<strong>Employee</strong>arrests and convictions 58assistance program 7, 15conduct and welfare 33involvement 10recognition 27responsibility for reading handbook 69standard of dress 57Employmentafter retirement 5at-will 1, 5, 6, 8, 28, 37, 63, 69contract 5, 6, 7, 9, 10, 14, 15, 17, 28, 29, 62, 63outside 9Enforceable standards 34Equal educational opportunities 65Equal employment opportunity 5Exit interviews 64FFamily and Medical Leave 15, 16, 19, 22, 23Firearms 59Fraud 55, 58First Aid and CPR Certification 7GGeneral procedures 60-62Gift certificates 56Gifts and favors 56GINA 16Goals and objectives 2Grievances 27-33H<strong>Handbook</strong> receipt 69-75Harassment 28, 29, 37, 38, 39, 40, 43, 49, 65student 43Hazing 44, 67, 68Health insurance 12, 13IInsurancecontinuation 16health, dental, and life 12, 1386


supplemental 13unemployment 14workers’ compensation 13, 14Investigation 41, 42JJob Abandonment 26Job vacancy announcements 5Jury duty 24LLeaveAccumulated 14assault 24court appearances 24discretionary 17earned 15, 16, 17, 18family and medical 15, 16, 19, 22, 23jury duty 24local sick 18medical certification 16, 23military 17, 19, 20, 24, 25nondiscretionary 17personal 16religious observances 15, 17sick leave bank 18state sick 17temporary disability 18, 19workers’ compensation 23, 24use of 15Leaves and absences 15, 16MMedical certification 16, 23Medication to students 66Military leave 17, 19, 20 - 26NName and address changes 61News Media 60, 61No Child Left Behind Act 8Non-certified 6Non-discretionary 17Non-discrimination 38Non-renewal 6387


Notice to employee 29OOutside employment 9Overtimecompensation 12compensatory time off 12pay 12PParent and student complaints 66Parent notification 8Pay statementsdeductions 11Payrollschedule 11statements 11Performance evaluation 9Personal leave 16, 17Personnel records 61, 62Pest control treatment 60Planning periods 8Policy changes 1Political activities 56, 57Possession of weapons 59Prizes 56Psychotropic drugs 66, 67Purchasing procedures 61RReassignments 7, 8Religious observances 15, 16Reports to TEA 64Resignationscontract employees 62, 63noncontract employees 63Retaliation 26, 28, 29, 30, 37, 38, 39, 40, 43, 44, 63Retirementbenefits 14employment 5teacher 14Return to work 1988


SSafety 2, 3, 7, 33, 57, 58, 59, 61Salaries 10SBEC 5, 10<strong>School</strong>calendar 77closing 60directory 78-83Sexual harassment 29, 37, 39, 40, 65Sick leave 18Staff development 10Standards of conduct 33Stipends 10Studentattendance 67bullying 44, 67complaints 66discipline 67hazing 44, 67issues 65medication 66records 65Student harassment 43Supplemental insurance 13Suspension 37TTeacher retirement 5, 11, 14, 15Temporary disability leave 18Terminationdismissal during contract term 62-65exit interviews 64noncontract employees 63nonrenewal 63reports 64reports to TEA 64resignations 62, 63Tobacco use 58Transfers 8Travel expense reimbursement 12Tutoring 9UUSERRA 25, 2689


Unemployment compensation insurance 14VVision Statement 2Visitors 59WWages 10Weapons 59Whistle blower 30Workers’ Compensationbenefits 13insurance 13Work load 8Work schedules 890


JulyS M T W Tr F Sa1 2 3 4 5 6 78 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31AugustS M T W Tr F Sa1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31SeptemberS M T W Tr F Sa12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930OctoberS M T W Tr F Sa1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31NovemberS M T W Tr F Sa1 2 34 5 6 7 8 9 1011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30DecemberS M T W Tr F Sa12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930 31<strong>Ysleta</strong> <strong>Independent</strong> <strong>School</strong> <strong>District</strong>July2-6 <strong>District</strong> Holiday9-13 TAKS Exit Level Retest2012-2013August13-17 Student Registration21-24 Professional Development/Conference/Teacher Prep Day27 First Instructional Day/ First Day of the First SemesterSeptember3 Labor day/<strong>District</strong> Holiday21 Campus Professional DevelopmentOctober3 Student Early Release Day/ Campus Professional Development19 <strong>District</strong> Professional Development22-25 TAKS Exit Level Retests26 End of 1st Nine Weeks31 Student Early Release Day/ Campus Professional DevelopmentNovember1 Parent Conference (Elementary)6 Parent Conference (Middle)8 Parent Conference (High)12-16 Eng. I, II, III EOC19-23 Thanksgiving BreakDecember3-14 EOC for Math, Science, Social Studies Courses24-31 Winter BreakJanuary1-3 Winter Break4, 7 Holiday Exchange Days/Professional Development8 Students Report to <strong>School</strong>18 End of First Semester / End of 2nd Nine Weeks21 Martin Luther King Jr. Day/ <strong>District</strong> Holiday22 First Day of Second Semester30 Student Early Release Day/ Campus Professional DevelopmentFebruary27 Student Early Release Day/ Campus Professional DevelopmentMarch4-7 TAKS Exit Level Retests18-22 Spring Break28 End of 3rd Nine Weeks29 <strong>District</strong> Holiday / Inclement Weather Make-up DayApril1-5 Eng. I, II, III EOC; Grades 4 & 7 Writing; Grades 5 & 8 Reading and Math11 Parent Conference (Elementary)16 Parent Conference (Middle)18 Parent Conference (High)22-26 TAKS Exit Level Retests; Grades 3,4,6,7 Rdg & Math, 5 & 8 Science, 8 SocialStudiesMay6-17 EOC for Math, Science, Social Studies Courses14-15 Grade 5 & 8 Rdg & Math Retest27 Memorial Day/ <strong>District</strong> Holiday/ Inclement Weather Make-up DayJune7 Last Instructional Day25-26 Grade 5 & 8 Rdg & Math RetestJuly1-5 <strong>District</strong> Summer Holiday8-12 Eng. I, II, III EOC; TAKS Exit Level Retests8-19 EOC for Math, Science, Social Studies CoursesInstructional DaysSemester 1 86 Semester 2 92Legend:Holiday/Non-Duty DayBeginning/End of SemesterProfessional DevelopmentEnd of Grading PeriodSTAAR/TAKS TestingEarly Release DayStudent RegistrationParent ConferenceInclement Weather Make-up DayStudents Return from Winter BreakThis academic calendar is intended for use by <strong>YISD</strong> students, parents and guardians, district employees, and the community for planning.It is not intended for payroll purposes.<strong>Employee</strong>s should confirm with Payroll/HR their actual days of employment per their assigned schedule.JanuaryS M T W Tr F Sa1 2 3 4 56 7 8 9 10 11 1213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31FebruaryS M T W Tr F Sa1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28MarchS M T W Tr F Sa1 23 4 5 6 7 8 910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031AprilS M T W Tr F Sa1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30MayS M T W Tr F Sa1 2 3 45 6 7 8 9 10 1112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31JuneS M T W Tr F Sa12 3 4 5 6 7 89 10 11 12 13 14 1516 17 18 19 20 21 2223 24 25 26 27 28 2930JulyS M T W Tr F Sa1 2 3 4 5 67 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31Board Approved: 2/08/2012

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