4000 Personnel
Click below to view policies regarding Personnel.
- 4000 Concepts and Roles in Personnel
- 4010 Affirmative Action
- 4011 Prohibition of Sex Discrimination and Sexual Harassment in the Workplace
- 4012 Assurances - Discipline
- 4013 Assurances - Association Membership
- 4014 Assurances - Grievances
- 4020 Employee Smoking and Other Tobacco Use
- 4030 Recruitment and Selection
- 4040 Nepotism; Employment of Relatives
- 4050 Assignment
- 4070 Employee Drug Policy
- 4080 Public Communication
- 4080-R Use of Social Media
- 4090 Employee Use of Technology
- 4100 Family And Medical Leave
- 4110 Contract
- 4120 Personnel Records
- 4130 Dismissal/Suspension
- 4140 Professional Development
- 4150 Exchange Teaching
- 4160 Publication or Creation of Materials; Copyrights and Patents
- 4170 Tutoring/Counseling
- 4180 Moving Expenses
- 4190 Insurance/Health and Welfare Benefits
- 4210 Substitute Teachers
- 4220 Student Teachers/Internships
- 4230 Homebound Teachers
- 4240 Continuing Education Teachers
- 4250 Prohibition on Recommendations for Psychotropic Drugs
- 4300 Employees and Section 504 of The Rehabilitation Act of 1973 and Title ll of The Americans With Disabilities Act of 1990
- 4400 Plan for Minority Educator Recruitment
- 4500 Evaluation, Termination, and Non-Renewal of Athletic Coaches
4000 Concepts and Roles in Personnel
Through its personnel policies, the Board of Education wishes to establish conditions that will attract and hold the highest qualified personnel who will devote themselves to the education and welfare of our students.
To keep its personnel policies and the corresponding administrative regulations in the highest state of effectiveness to achieve the above purposes, the Superintendent of Schools is directed to establish the procedures needed.
Adopted: December 7, 1987
Reviewed: March 15, 2016
4010 Affirmative Action
It is the commitment of the West Hartford Board of Education that all persons be provided equal employment opportunities and conditions, regardless of race, color, sex, sexual orientation, gender identification or expression, age, religion, ancestry, marital status, national origin, or disability except in the case of a bona fide occupational qualification or need.
Further, the District shall make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless the accommodation would impose undue hardship on the operation of the business of the District.
Legal Reference: Connecticut General Statutes:
10-153 Discrimination on account of marital status
46a-60 Discriminatory employment practices prohibited.
46a-81a Discrimination on the basis of sexual orientation Affirmative Action Plan – West Hartford Public Schools Title VII, Civil Rights Act 42 U.S.C. 2000e, et seq.
Adopted: December 7, 1987
Revised: June 4, 2013
Revised: April 19, 2016
4011 Prohibition of Sex Discrimination and Sexual Harassment in the Workplace
It is the policy of the Board of Education (the “Board”) for the West Hartford Public Schools (the “District”) that any form of sex discrimination or sexual harassment is prohibited in the Board’s education programs and activities, whether by students, Board employees or third parties subject to substantial control by the Board. It is the policy of the Board to maintain a working environment free from harassment, insults or intimidation on the basis of an employee's sex and free from discrimination based on sex.
The Board does not discriminate on the basis of sex in the education programs or activities that it operates and the Board is required by Title IX of the Education Amendments of 1972 and its implementing regulations (“Title IX”), Title VII of the Civil Rights Act of 1964 (“Title VII”), and Connecticut law not to discriminate in such a manner. Discrimination or harassment on the basis of sex includes discrimination or harassment on the basis of gender identity or sexual orientation. Students, Board employees and third parties are required to adhere to a standard of conduct that is respectful of the rights of all parties. Any employee or student who engages in conduct prohibited by this Policy shall be subject to disciplinary action, up to and including termination or expulsion, respectively. Third parties who engage in conduct prohibited by this Policy shall be subject to other sanctions, which may include exclusion from Board property and/or activities. Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties.
For conduct to violate Title IX, the conduct must have occurred in an education program or activity of the Board; the conduct must have occurred within the United States of America; and the complainant must be participating in or attempting to participate in the education program or activity of the Board. Conduct that does not meet these requirements still may constitute a violation of Title VII, Connecticut law, and/or another Board policy.
The Superintendent of Schools shall develop Administrative Regulations implementing this Policy and in accordance with Title IX, Title VII, and Connecticut law (the “Administrative Regulations”).
Sex discrimination occurs when an employer refuses to hire, disciplines or discharges any individual, or otherwise discriminates against an individual with respect to his or her compensation, terms, conditions, or privileges of employment on the basis of the individual’s sex. Sex discrimination also occurs when a person, because of the person’s sex, is denied participation in or the benefits of any education program or activity receiving federal financial assistance.
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:
(1) An employee of the Board conditioning the provision of an aid, benefit, or service of the Board on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
(2) Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the Board’s education programs or activities; or
(3) “Sexual assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v), “dating violence” as defined in 34 U.S.C. 12291(a)(10), “domestic violence” as defined in 34 U.S.C. 12291(a)(8), or “stalking” as defined in 34 U.S.C. 12291(a)(30).
Sexual harassment under Title VII and Connecticut law means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;
(2) Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or
(3) Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Reporting Sex Discrimination or Sexual Harassment
It is the express policy of the Board to encourage victims of sex discrimination and/or sexual harassment to report such claims. Employees are encouraged to report complaints of sex discrimination and/or sexual harassment promptly in accordance with the appropriate process set forth in the Administrative Regulations. The Board directs its employees to respond to such complaints in a prompt and equitable manner.
Violations of this Policy by employees will not be permitted and may result in discipline up to and including discharge from employment. Individuals who engage in acts of sex discrimination or sexual harassment may also be subject to civil and criminal penalties. Retaliation against any employee for complaining about sex discrimination or sexual harassment is prohibited under this Policy and illegal under state and federal law.
Any Board employee with notice of sex discrimination and/or sexual harassment allegations shall immediately report such information to the building principal and/or the Title IX Coordinator, or if the employee does not work in a school building, to the Title IX Coordinator
The West Hartford Public Schools administration (the “Administration”) shall provide training to Title IX Coordinator(s), investigators, decision-makers, and any person who facilitates an informal resolution process (as set forth in the Administrative Regulations), which training shall include, but need not be limited to, the definition of sex discrimination and sexual harassment, the scope of the Board’s education program and activity, how to conduct an investigation and implement the grievance process, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias. The Administration shall make the training materials used to provide these trainings publicly available on the Board’s website. The Administration shall also periodically provide training to all Board employees on the topic of sex discrimination and sexual harassment under Title IX, Title VII, and Connecticut law, which shall include but not be limited to when reports of sex discrimination and/or sexual harassment must be made. The Administration shall distribute this Policy and the Administrative Regulations to employees, union representatives, students, parents and legal guardians and make the Policy and the Administrative Regulations available on the Board’s website to promote an environment free of sex discrimination and sexual harassment.
The Board’s Title IX Coordinator is the Director of Human Resources. Any individual may make a report of sex discrimination and/or sexual harassment to any Board employee or directly to the Title IX Coordinator using any one, or multiple, of the following points of contact.
OFFICE ADDRESS:
Director of Human Resources
50 South Main Street, Suite 408
West Hartford, CT 06107
ELECTRONIC MAIL ADDRESS
TELEPHONE NUMBER: 860-561-6000
Any Board employee in receipt of allegations of sex discrimination or sexual harassment, or in receipt of a formal complaint, shall immediately forward such information to the Title IX Coordinator. Board employees may also make a report of sexual harassment and/or sex discrimination to the U.S. Department of Education: Office for Civil Rights, Boston Office, U.S. Department of Education, 8th Floor, 5 Post Office Square, Boston, MA 02109-3921 (Telephone: 617-289-0111).
Employees may also make a report of sexual harassment and/or sex discrimination to the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Boulevard, Hartford, CT 06103-1835 (Telephone: 860-541-3400 or Connecticut Toll Free Number: 1-800-477-5737).
Legal References:
Civil Rights Act of 1964, Title VII, 42 U.S.C. § 2000e-2(a).
Equal Employment Opportunity Commission Policy Guidance on Current Issues of Sexual Harassment (N-915.050), March 19, 1990.
Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681, et seq.
Title IX of the Education Amendments of 1972, 34 CFR § 106, et seq.
Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57 (1986)
Conn. Gen. Stat. § 46a-54 - Commission powers Connecticut
Conn. Gen. Stat. § 46a-60 - Discriminatory employment practices prohibited.
Conn. Gen. Stat. § 46a-81c - Sexual orientation discrimination: Employment
Conn. Gen. Stat. § 10-153 - Discrimination on the basis of sex, gender identity or expression or marital status prohibited
Conn. Agencies Regs. §§ 46a-54-200 through § 46a-54-207
Adopted: December 6, 1993
Revised: May 19, 2016
Revised: November 15, 2022
4012 Assurances - Discipline
4013 Assurances - Association Membership
4014 Assurances - Grievances
The Superintendent will provide procedures for alleged violations of board policies, of administrative regulations, or unfair employment practices, and school system operations in general when not otherwise covered in employee organization agreements.
Legal Reference: Connecticut General Statutes:
10-151 Employment of teachers . . .
46a-60 Discriminatory employment practices prohibited.
46a-82 Complaint: Filing
46a-89 Petition for temporary injunctive relief
46a-95 Enforcement by Superior Court of order of presiding officer . . .
Adopted: December 7, 1987
Reviewed: March 15, 2016
4020 Employee Smoking and Other Tobacco Use
In accordance with the law and to promote staff health and well-being, the Board of Education prohibits all employees from smoking or using tobacco or tobacco products or from using electronic nicotine delivery systems or vapor products (that may or may not include nicotine) anywhere in school buildings and buses, on school grounds, in the vicinity of the school, or at school-sponsored activities.
Tobacco includes, but is not limited to, cigarettes, cigars, snuff, smoking tobacco, or smokeless tobacco. Nicotine includes, but is not limited to, nicotine, nicotine delivery systems or vapor products, chemicals, or devices that produce the same flavor or physical effect of nicotine substances.
This policy is not intended to prohibit the use of smoking cessation products such as skin patches, lozenges, and gum.
Legal reference: Connecticut General Statutes:
19a-342 Smoking Prohibited
Adopted: October 5, 1987
Revised: May 5, 2015
4030 Recruitment and Selection
The Superintendent of Schools shall be responsible for the selection, assignment, promotion, and tenure of all certified and non-certified personnel of the West Hartford Public Schools.
The Board of Education intends to employ and retain the best qualified teachers and other personnel. This shall be accomplished through careful consideration of qualifications, merit selection, adequate salary schedules, and other forward-looking personnel policies.
(cf. 4010 – Affirmative Action)
Legal Reference: Connecticut General Statutes:
10-151 Employment of teachers. Notice and hearing on termination of contract
10-153 Discrimination on account of marital status
10-155f Residency requirement prohibited
46a-60 Discriminatory employment practices prohibited.
Adopted: December 7, 1987
Reviewed: March 15, 2016
4040 Nepotism; Employment of Relatives
Board of Education members and school administrators, in order to avoid both the reality and appearance of conflict of interest, will immediately make public any relationship the Board members or administrators have with any possible candidate for a position for which the Board member or administrator must give approval or has influence in such appointment.
A Board member shall not vote on any action of the Board which will directly affect a member of the immediate family of the member.
Individuals shall not be appointed to any full-time, part-time, or temporary position which would create a supervisor/employee relationship within any one department between two individuals who are related by blood, marriage, or law.
As used in this policy, the word “Department” shall mean and include those levels of organization under the Superintendent’s office into which the various structural areas of operation of the school district are divided.
In the event of marriage between employees of the district, creating a relationship which violates this policy, one of the persons affected must transfer to a location compatible with policy provisions, or in cases of refusal to transfer, be terminated from that location by the end of the school/fiscal year or within six months from the date the relationship was established, whichever is the greater period.
The degrees of relationship included in the above restrictions are as follows:
- By Blood: Parent, child, grandparent, grandchild, brother, sister, uncle, aunt, nephew, niece, first cousin
- By Marriage: Husband, wife, stepparent, stepchild, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, half-sister, half-brother, uncle, aunt, nephew, niece
- By Law: Guardianship relationships, adoptive parent/child relationships
In the appointment and selection of new employees, the district shall adhere to this policy. All current supervisor/employee relationships established prior to the adoption of this policy will not be affected by this policy as long as they remain in present assignments.
Legal Reference: Connecticut General Statutes:
7-479 Conflicts of Interest
Adopted: December 7, 1987
Revised: February 21, 2018
4050 Assignment
The assignment of all personnel in the West Hartford Public Schools shall be the responsibility of the Superintendent of Schools. In accordance with Policy 4030 of this manual, the Superintendent shall make these assignments for the best educational interest of the school system.
These assignments shall be made in accordance with 4010 of the Board policy and without regard to membership or activity in any labor organization.
Legal Reference: Connecticut General Statutes:
10-151 Employment of teachers . . .
Adopted: December 7, 1987
Reviewed: June 6, 2017
4070 Employee Drug Policy
4080 Public Communication
Personnel Certified/Non Certified
The Board of Education recognizes and respects the First Amendment Rights of its employees and acknowledges that its employees have the right to speak out on matters of public concern through any and all media, including social media. The Board of Education also recognizes that inappropriate content authored by employees can interfere with the educational process. Therefore, West Hartford Public school employees who engage in any public communication, including social media, should be aware that any use which interferes with the educational mission of the district, breaches confidentiality obligations of school district employees, or harms the goodwill and reputation of the school district in the community is not acceptable.
Policy Presented: June 1, 2010
Adopted: September 7, 2010
4080-R Use of Social Media
Personnel—Certified/Non-Certified
Public Communications
Use of Social Media
Employees are to maintain appropriate professional boundaries. For example, it is not appropriate for a teacher or an administrator to “friend” a student or otherwise establish special relationships with selected students through personal social media. It is not appropriate for an employee to give students access to personal postings unrelated to school. There can be no preferential relationship for some students and not others.
An employee in mentioning, discussing or referencing the Board of Education, the school district or its individual schools, programs or teams on personal social networking sites, should be aware of Board Policy 4080, which states “The Board of Education recognizes and respects the First Amendment Rights of its employees and acknowledges that its employees have the right to speak out on matters of public concern through any and all media, including social media. The Board of Education also recognizes that inappropriate content authored by employees can interfere with the educational process. Therefore, West Hartford Public school employees who engage in any public communication, including social media, should be aware that any use which interferes with the educational mission of the district, breaches confidentiality obligations of school district employees, or harms the goodwill and reputation of the school district in the community is not acceptable.”
Employees are required to use appropriately respectful speech in their personal social media posts and to refrain from inappropriate communications. Such posts reflect poorly on the school district’s reputation and can affect the educational process.
All posts on personal social media must comply with the Board of Education’s policies concerning confidentiality, including the confidentiality of student information. Employees must refrain from mentioning students by name on personal social networking sites.
An employee may not link a personal social media site or webpage to the Board of Education’s website or the websites of individual schools, programs or teams; or post Board of Education material on a social media site or webpage.
Rules Concerning District-Sponsored Social Media Activity
If an employee wishes to use Facebook or other similar social media sites to communicate meetings, activities, games, responsibilities, announcements, etc., for a school-based club, a school-based activity, an official school-based organization, or an official sports team, the employee must also comply with the following rules:
- Approval for the establishment of such a site must be obtained from the district.
- The employee must set up the club, etc., as a group list which will be "closed and moderated."
- Members will not be established as "friends," but as members of the group list.
- Anyone who has access to the communications conveyed through the site may only gain access by the permission of the employee (e.g. teacher, administrator, supervisor or coach). Persons desiring to access the page may join only after the employee invites them and allows them to join.
- Parents shall be permitted to access any site that their child has been invited to join.
- Access to the site may only be permitted for educational purposes related to the club, activity, organization or team.
- The employee responsible for the site will monitor it regularly and will report any violation to a supervisor immediately.
- The administration shall be permitted access to any site established by the employee for a school-related purpose.
An employee may not link a district-sponsored social media site or webpage to any personal social media sites or sites not sponsored by the school district.
An employee may not use district-sponsored social media communications for private financial gain, political, commercial, advertisement, proselytizing or solicitation purposes.
An employee may not use district-sponsored social media communications in a manner that misrepresents personal views as those of the Board of Education, individual school or school district, or in a manner that could be construed as such.
Disciplinary Consequences
Violation of this policy may lead to discipline up to and including the termination of employment.
Created: January 2012
4090 Employee Use of Technology
Personnel Certified/Non Certified
The West Hartford School system provides and maintains an extensive technology network that is intended solely for the purpose of enhancing the education of our students. Email communication between teachers and students, and teachers and parents, is an important part of a collaborative learning environment. All staff members will exclusively use their district-provided employee email account when communicating by email with students and parents. Staff members may also utilize their teacher/department/team webpages and district-provided online resources to post information for students.
West Hartford Public Schools’ technology shall not be used for the creation, publication, posting, or distribution of any personal and/or non-school related written, visual, and/or audio correspondence or materials.
Adopted: June 15, 2010
Revised: May 5, 2015
4100 Family And Medical Leave
PURPOSE
The purpose of this policy is to establish guidelines for leaves taken by employees of the West Hartford Board of Education (the “Board”) under the Federal Family and Medical Leave Act of 1993 (“FMLA”).
ELIGIBILITY
Employees who have worked for the Board for at least twelve (12) months, and who have worked at least 1,250 actual work hours, or, in the case of school paraprofessionals in an educational setting, who have worked at least 950 actual hours of work, during the twelve (12) months immediately preceding the start of a leave, are eligible for unpaid leave under the FMLA.
REASONS FOR LEAVE
Leaves under the FMLA may be taken for the following reasons:
- incapacity due to pregnancy, prenatal medical care or child birth; or
- to care for the employee's newborn child; or
- the placement of a child with the employee by adoption or for foster care; or
- to care for the employee's spouse, child or parent who has a serious health condition; or
- to care for the employee's own serious health condition that renders the employee unable to perform the functions of his or her position; or
- to care for an injured or ill service member (see below – Length of Leave – for further information); or
- a qualifying exigency arising out of a family member’s military service, including one or more of the following reasons (more detailed information on the following categories is available from the Human Resources Department).
- short -notice deployment;
- military events and related activities;
- childcare and school activities;
- financial and legal arrangements;
- counseling;
- rest and recuperation;
- post-deployment activities;
- parental care leave for military member’s parent who is incapable of self-care and care is necessitated by the member’s covered active duty;
- additional activities that arise out of the active duty or call to active duty status of a covered military member, provided that the Board and the employee agree that such leave qualifies as an exigency, and agree to both the timing and the duration of such leave.
LENGTH OF LEAVE
(a) Basic FMLA Leave Entitlement
If a leave is requested for one of the above-listed reasons, each eligible employee may take up to a total of twelve (12) weeks unpaid family or medical leave in any 12-month entitlement period.
The 12-month entitlement period for family or medical leave is measured on the basis of the 12-month period measured forward from the initial date of an employee's first leave under this policy;
(b) Leave to Care for an Injured or Ill Service Member
In addition to the reasons for leave listed above, an eligible employee may take up to twenty-six (26) workweeks of FMLA leave during a 12-month period to care for (i) an injured or ill service member who is the employee’s spouse, parent, child or next of kin, and who incurred the injury or illness in the line of duty and while on active duty in the Armed Forces or had a preexisting injury or illness prior to beginning active duty that was aggravated by service in the line of duty on active duty in the Armed Forces; or, (ii) an injured or ill covered veteran who is the employee’s spouse, parent, child or next of kin.
For service members, the injury or illness must render the service member medically unable to perform the duties of his/her office, grade, rank or rating. This provision applies to service members who are undergoing medical treatment, recuperation, or therapy, are in outpatient status, or who are on the temporary disability retired list, for a serious injury or illness.
For covered veterans, the veteran must be undergoing medical treatment, recuperation or therapy for a serious injury or illness and s/he (1) was a member of the Armed Forces (including the National Guard or Reserves); (2) was discharged or released under conditions that were other than dishonorable; and (3) was discharged within the five-year period before the eligible employee first takes FMLA military caregiver leave to care for the veteran.1
For covered veterans, serious injury or illness means any of the following:
(i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the service member unable to perform the duties of the service member's office, grade, rank, or rating; or
(ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service-Related
Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or
(iii) a physical or mental condition that substantially impairs the covered veteran's ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or
(iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.
When combined with any other type of FMLA qualifying leave, total leave time may not exceed twenty-six (26) weeks in a single twelve (12) month period. Standard FMLA leave procedures described below apply to all requests for and designation of leave for this purpose. However, in the case of leave to care for an injured or ill service member, the 12 -month period begins on the day such leave actually commences.
TYPES OF LEAVE AND CONDITIONS
(a) Full-Time, Intermittent and Reduced Schedule Leave
Full-time unpaid leave may be taken for any of the reasons permitted by the FMLA. Full-time leave excuses the employee from work for a continuous period of time.
Intermittent leave means leave taken in separate periods of time rather than for one continuous period of time. Examples of intermittent leave include: leave taken one day per week over a period of a few months; or leave taken on an occasional/as-needed basis for medical appointments.
Reduced schedule leave is leave that reduces the employee's usual number of work hours per day for some period of time. For example, an employee may request half-time work for a number of weeks so the employee can assist in the care of a seriously ill parent.
An employee may take full-time, intermittent or reduced schedule leave whenever it is medically necessary for a serious health condition of the eligible employee, his or her spouse, child or parent. Intermittent leave or reduced schedule leave for other reasons will be permitted only with the approval of the Superintendent or his/her designee.
If intermittent or reduced schedule leave is medically required, the Board may, in its sole discretion, temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates the type of leave requested. Also, special arrangements may be required of an instructional employee who needs to take intermittent or reduced-schedule leave which will involve absence for more than twenty (20) percent of the work days in the period over which the leave will extend (for example, more than five days over a five-week period). For purposes of this policy, an instructional employee is defined as a teacher or other employee of the Board who is employed principally in an instructional capacity and whose principal function is to teach and instruct students in a class, a small group, or an individual setting, and includes athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired. The term does not include teacher assistants or aides who do not have as their principal function actual teaching or instructing, nor auxiliary personnel such as counselors, psychologists, curriculum specialists, cafeteria workers, maintenance workers, bus drivers, or other primarily non-instructional employees.
(b) Both Spouses Working for the Same Employer
If both spouses are employees of the Board and request leave for the birth, placement of a child by adoption or for foster care, or to care for a seriously ill parent, they only will be entitled to a maximum combined total leave equal to twelve (12) weeks in any 12-month entitlement period. If either spouse (or both) uses a portion of the total 12-week entitlement for one of the purposes in the preceding sentence, each is entitled to the difference between the amount he or she has taken individually and the 12 weeks for FMLA leave for their own or their spouse's serious health condition in the 12-month entitlement periods.
(c) Leave Taken by Instructional Employees Near the End of an Academic Term
If a leave taken by an instructional employee for any reason begins more than five (5) weeks before the end of an academic term, the Board may require that employee to continue the leave until the end of the term if the leave will last at least three (3) weeks and the employee would return to work during the three-week period before the end of the term.
If the employee begins a leave during the five-week period preceding the end of an academic term for a reason other than the employee's own serious health condition, the Board may require the employee to continue taking leave until the end of the term if the leave will last more than two (2) weeks and the employee would return to work during the two-week period before the end of the term.
If the employee begins a leave during the three-week period preceding the end of an academic term for a reason other than the employee's own serious health condition, the Board may require the employee to continue taking leave until the end of the term if the leave will last more than five (5) working days.
REQUESTS FOR LEAVE
Requests for a family or medical leave must be submitted to the personnel department at least thirty (30) days before the leave is to commence, if possible. If thirty (30) days’ notice is not possible, requests must be submitted as soon as practicable under the circumstances.
For leaves taken because of the employee's or a qualifying family member's serious health condition, the employee must submit a completed "Physician or Practitioner Certification" form before the leave begins, if possible. This form may be obtained from the personnel department. If such advance certification is not possible, the medical certification must be provided by the employee within fifteen (15) calendar days of the Board's request for the medical certification.
If an employee takes leave to care for his or her own serious health condition, immediately upon return to work the employee must provide medical certification that the health condition which created the need for the leave no longer renders the employee unable to perform the functions of the job. This certification must be submitted to the personnel department.
In connection with the Board’s request for medical information, employees must be aware that the Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits employers and other entities covered by Title II of GINA from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, the Board requests that employees not provide any genetic information when responding to a request for medical information. ‘“Genetic information,’” as defined by GINA, includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.
USE OF PAID LEAVE
Accrued paid personal leave and accrued paid vacation will be substituted (in that order) for any unpaid portions of family or medical leave taken for any reason. However, where the leave is for the employee's own serious health condition, accrued paid sick leave shall be substituted for unpaid portions of family or medical leave prior to the substitution of accrued paid personal and accrued paid vacation leave. The amount of unpaid family or medical leave entitlement is reduced by the amount of paid leave that is substituted.
In addition, in cases involving absences due to a Workers’ Compensation injury that also qualifies as an FMLA serious health condition, and if the employee agrees with the Board to do so, the Board will apply the employee’s available accrued paid leave in increments as a supplement to the Workers’ Compensation weekly benefit in an appropriate amount so that the employee can maintain his or her regular weekly income level.
MEDICAL INSURANCE AND OTHER BENEFITS
During approved family or medical leaves of absence, the Board will continue to pay its portion of medical insurance premiums for the period of unpaid family or medical leave. The employee must continue to pay his/her share of the premium, and failure to do so may result in loss of coverage. If the employee does not return to work after expiration of the leave, the employee will be required to reimburse the Board for payment of medical insurance premiums during the family or medical leave, unless the employee does not return because of a serious health condition or circumstances beyond the employee's control.
During an FMLA leave, an employee shall not accrue pension benefits, or sick or vacation leave, unless otherwise required by any applicable collective bargaining agreement or Board policy. However, unused employment benefits accrued by the employee up to the day on which the leave begins will not be lost upon return to work. Leave taken under this policy does not constitute an absence under Board's attendance policy.
REINSTATEMENT
Except for circumstances unrelated to the taking of a family or medical leave, an employee who returns to work following the expiration of a family or medical leave is entitled to return to the job such employee held prior to the leave or to an equivalent position with equivalent pay and benefits.
ADDITIONAL INFORMATION
Questions regarding family or medical leave may be directed to the Superintendent or his/her designee. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family or medical leave rights.
Legal References:
Connecticut General Statutes:
Conn. Gen. Stat. § 31-51rr Family and medical leave benefits for employees of political subdivisions
Regs. Conn. State Agencies 31-51rr-1, et seq.
United States Code:
Family and Medical Leave Act of 1993, 29 U.S.C. Section 2601 et seq., as amended
29 CFR Part 825.100 et seq.
Title II of the Genetic Information Nondiscrimination Act of 2008, 42 USC 2000ff et seq.
29 CFR 1635.1 et seq.
Adopted: January 17, 2023
4110 Contract
Personnel - Certified
Contract of Employment
A contract shall be issued to all regular teachers. The superintendent of schools shall be authorized to sign contracts, and teachers shall be allowed a reasonable length of time to sign and return the contract to the superintendent's office. Contracts shall be invalid if a teacher fails to hold a teaching certificate or subjects taught for the period covered by said contract.
An interim contract shall be issued to all teachers employed in the same assignment for forty or more consecutive days.
Legal Reference: Connecticut General Statutes
10-145 Certificate necessary to employment
Renewal
10-145b Provisional and standard teaching certificates
10-151 Employment of teachers. Notice and hearing on termination of or failure to renew contract. Appeal
31-126 Unfair employment practices
Policy adopted: December 7, 1987
4120 Personnel Records
Personnel – Certified/Non-Certified
Personnel Records
Personnel records on all current employees shall be kept in the Human Resources Office.
A file shall be kept for all resigned or retired employees, including such essential information as shall seem appropriate to the administration.
All personnel files will be considered confidential and will not be available to persons other than the employee and those authorized by the Superintendent.
All written materials filed (except for third party reports or recommendations) shall be made available for inspection by the employee involved at an off-duty time in the presence of an administrator. Employees shall be notified of any evaluations, additions, or changes in their personnel file. Upon request, an employee will be provided a copy of supervisory records and reports of competencies, personal character and efficiency maintained in said employee’s personnel file as a guide to evaluation of performance.
Legal Reference: Connecticut General Statutes:
1-19b Agency administration. Disclosure of personnel and tax records. Judicial records and proceedings
10-151a Access of teacher to supervisory records and reports in personnel file
Adopted: December 21, 1987
Reviewed: June 6, 2017
4130 Dismissal/Suspension
Personnel - Certified
Dismissal/Suspension
Dismissal
No certified employee shall be dismissed from the service of the school system without cause. Procedures for termination shall be those itemized in C.G.S. 10-151(b).
Suspension
A certified employee may be suspended by the board of education for an alleged or actual violation of any of the reasons for termination in C.G.S. 10-151(d). The superintendent may suspend an employee pending board action when, in the opinion of the superintendent, continuation of the employee in the position presents a clear danger to the students, staff, property or reputation of the school system, or to the employee.
Legal Reference: Connecticut General Statutes
10-151. Employment of teachers. Notice and hearing on termination of contract.
46a-60. Discriminatory employment practices prohibited.
Policy adopted: December 7, 1987
4140 Professional Development
Personnel - Certified
Staff Development
“Staff development” is viewed by the Board of Education (Board) as a continuous systemic effort to improve educational programs in this school district through (1) staff involvement in organized program planning, implementation and evaluation efforts, and (2) activities to upgrade the skills, knowledge, and ability of educators to improve student learning.
Each certified employee shall annually participate in a program of professional development, of not fewer than eighteen hours in length, of which a preponderance is in a small group or individual group settings. The professional development program shall:
- be a comprehensive, sustained, and intensive approach to improving teacher and administrator effectiveness in increasing knowledge and achievement;
- focus on refining and improving various effective teaching methods that are shared between and among educators;
- foster collective responsibility for improved student performance; and
- be comprised of professional learning that is aligned with state student academic achievement standards, conducted among educators and facilitated by principals, coaches, mentors, and distinguished educators or other appropriate teachers, occurs frequently on an individual basis or among groups of teachers and includes a repository or best practices for teaching methods developed by educators within each school.
Staff development experiences, made available by the Board directly, shall be guided by activities designed to:
- improve the integration of reading instruction, literacy and numeracy enhancement and cultural awareness into instructional practice,
- include strategies to improve English language learner instruction into instructional practice,
- improve teacher and administrator practice based on general results and findings from teacher evaluations reported by the Superintendent or his/her designee,
- be comprehensive, sustained, and intensive enough to improve teacher and administrator effectiveness in raising student performance,
- be aligned with state student academic achievement standards,
- foster collective responsibility for improved student performance.
Teachers must constantly review curricular content, teaching methods and materials, educational philosophy and goals, social change, and other topics related to education to enhance the capabilities of educators to improve student learning. The Board of Education recognizes that it shares with its certified staff responsibility for the upgrading and updating of teacher performance and skills. The Board of Education and teachers’ organizations support the principles of continuing training of teachers and the improvement of instruction.
The Board, in order to determine its professional development program seeking the advice and assistance of teachers, shall establish a professional development and evaluation committee, consisting of certified employees, including representatives of the exclusive bargaining representative for such employees. Committee membership shall consist of at least one representative from each of the teachers’ and administrators’ unions and other school personnel the Board deems appropriate. The duties of the committee shall include, but not be limited to, participation in the development of a teacher evaluation and support program for the District, the development, evaluation and annual updating of a comprehensive local professional development plan, in fulfillment of the statutes, for certified employees of the District. Such plan shall (1) be directly related to the educational goals proposed by the Board pursuant to C.G.S. 10-220(b), (2) be developed in full consideration of the priorities and needs related to student outcomes as determined by the State Board of Education, and (3) provide for the ongoing and systemic assessment and improvement of both teacher evaluation and professional development of the Board’s professional staff members, including personnel management and evaluation training or experiences for administrators, shall be related to general and special student needs and may include provisions concerning career incentives and parent involvement.
Staff development activities should respond directly to the educational needs of the student body, including, (a) content areas such as language arts, including reading, writing, speaking, listening, viewing and enacting; math, social studies and science; (b) methodological areas such as motivation, teaching techniques, including the use of computers in the classroom and classroom management; and second language acquisition and (c) affective areas of interpersonal relations of students and faculty, student growth and development and staff communication, problem solving, and decision making. The in-service program shall fulfill all applicable statutory requirements, especially those delineated in C.G.S. 10-220a.
The Board will allow any paraprofessional or noncertified employee of the District to participate, on a voluntary basis, in any in-service training program provided to certified staff on those topics mandated per C.G.S. 10-220a, subsection (a)
The District, as required, will participate in compliance audits of the professional development program, as required and conducted by the State Department of Education.
The Superintendent is to report annually to the Board of Education on the professional development program and its effect with recommendations for changes as needed.
Professional Development Pertaining to Teacher Evaluations and Support Program
Prior to any evaluation conducted under the teacher evaluation and support program contained within P.A. 12-116, as amended, An Act Concerning Educational Reform, the Board shall provide training for all evaluators and orientation to all certified District employees relating to the provisions of such teacher evaluation and support program. Such training shall provide instruction to evaluators in how to conduct proper performance evaluations prior to the use of the new evaluation and support program. Such orientation shall be completed by all certified personnel, below the rank of Superintendent, before the certified employee receives an evaluation under the teacher evaluation and support program.
Legal Reference: Connecticut General Statutes:
10-27 Exchange of professional personnel and students.
10-220a In-service training. (amended by PA 04-227, PA 08-160, June 19 Special Session, Public Act 09-1 and PA 10-91 and PA 12-116. An Act Concerning Educational Reform, PA 13-145, An Act Concerning Revision to the Education Reform Act of 2012 and PA 15-215, An Act Concerning Various Revisions and Additions to the Education Statutes).
10-153b Selection of teachers’ representatives.
10-226f Coordinator of intergroup relations.
10-226g Intergroup relations training for teachers.
10-145b Teaching certificates (as amended by PA 01-173).
10-151(b) Employment of teachers. Definitions. Tenure, etc. (as amended by PA 12-116, An Act Concerning Educational Reform).
Adopted: December 21, 1987
Revised: June 7, 2016
4150 Exchange Teaching
The Board of Education recognizes that teacher exchange programs provide an excellent means of bringing about cultural exchange and understanding. The best interests of the West Hartford Public Schools shall constitute the basis for participation in these programs.
Adopted: December 7, 1987
Reviewed: May 17, 2016
4160 Publication or Creation of Materials; Copyrights and Patents
Publication or Creation of Materials
Staff members are encouraged to contribute professional articles and news items to local, state, and national agencies. As a matter of professional ethics, all professional articles should be cleared through the office of the Superintendent of Schools in the event that the school system or any of its separate departments is mentioned.
The school system retains the right to legal claim on all products created by its employees on the job with the assistance of school system funds.
Copyrights and Patents
The Board of Education recognizes that staff members under contract to the school system may, in carrying out their professional responsibilities, develop patentable or copyrightable educational materials for use in the school program. It is understood by the Board of Education and the staff members that such materials developed as part of regular employment are equally the properties of the school system and the employees.
The school system retains the right to legal claim on all products created by its employees on the job with the assistance of school system funds.
Adopted: December 7, 1987
Revised: February 21, 2018
4170 Tutoring/Counseling
Tutoring - Counseling
It is the Board’s policy that teachers’ responsibility for educating students extends past the last minute of the classroom day and that students requiring additional assistance be rendered such during the school year in a reasonable fashion. Therefore, no West Hartford teacher shall receive any remuneration during the school year from the parents of such students that they teach.
Private Counseling
The private counseling of West Hartford students by certified West Hartford professionals is prohibited in that such private contact could be in conflict with professional duties and may put the professional in an adversarial position with the school district.
Adopted: December 7, 1987
Reviewed: May 2, 2017
4180 Moving Expenses
Personnel - Certified
Employee-Related Accommodations
Moving Expenses of Teachers
Reimbursement of moving expenses may be made to personnel with established households entering the system, the amount to be left to the discretion of the Superintendent of Schools at the time of the initial employment.
Adopted: December 7, 1987
Reviewed: May 17, 2016
4190 Insurance/Health and Welfare Benefits
Personnel – Certified/Non-Certified
Insurance/Health and Welfare Benefits
Insurance
- Liability Protection for Employees: As provided by law, the Board of Education shall protect and save harmless any member of the Board of any teachers or other employee thereof or any member of its supervisory or administrative staff, from financial loss and expense arising out of any claim, demand, suit, or judgment by reason of alleged negligence or other act resulting in accidental bodily injury to or death of any person, or without the school building, provided such teacher, member, or employee, at the time of the accident resulting in such injury, damage or destruction, was acting in the discharge of his/her duties within the scope of his/her employment or under the direction of the Board of Education.
- Liability Insurance: The Board of Education shall cause the town director of finance to insure against any liability imposed upon it by the General Statutes, in an insurance company organized in this state.
All accidents shall be reported in writing to the Superintendent on forms provided.
Worker’s Compensation
Injury leave, as distinguished from sick leave, shall mean paid leave given to an employee due to absence from duty caused by an accident or injury that occurred while the employee was engaged in the performance of his/her duties. Employees of the Board are covered by Worker’s Compensation Insurance, and are paid stated amounts due to injuries sustained on the job.
Legal Reference: Connecticut General Statutes:
10-235 Indemnification of teachers, board members, employees and certain volunteers and students in damage suits; expenses of litigation
10-236a Indemnification of educational personnel assaulted in the line of duty
52-557b “Good Samaritan law.” Immunity from liability for emergency medical assistance, first aid or medication by injection. School personnel not required to administer or render. Immunity from liability re: automatic external defibrillators.
Adopted: December 7, 1987
Reviewed: February 6, 2018
4210 Substitute Teachers
Personnel – Certified – Temporary/Part-Time
Substitute Teachers
A substitute teacher shall be a person who has earned a Bachelor’s Degree, is fully qualified to instruction in our schools, and who is employed for short periods of time in the absence of the regular teacher.
Suitable programs for training, assigning, orienting, and evaluating the work of substitute teachers shall be provided by the certified staff under the direction of the Superintendent.
Rates of compensation for substitute teachers will be set by the Board of Education.
It will be the responsibility of the Principal or his/her designee to assign a substitute to fill any vacancy created by the temporary absence of a regular staff member. The substitute teacher will be selected from a list of approved substitutes.
Retired teachers may be employed as substitute teachers without jeopardizing their retirement salary within the limits as prescribed by law.
Legal Reference: Connecticut General Statutes:
10-183v Reemployment of teachers.
10-145a Certificates of qualifications for teachers, as amended by PA 11-27, An Act Concerning Substitute Teachers. June 19 Special Session, PA 09-1, An Act Implementing the Provisions of the Budget Concerning Education, Authorizing State Grant Commitments for School Building Projects and Making Changes to the Statutes Concerning School Building Projects and Other Education Statutes. (Section 48) PA 09-6 September Special Session
Adopted: December 7, 1987
Revised: June 7, 2016
4220 Student Teachers/Internships
Personnel – Certified – Temporary/Part Time
Student Teachers/Interns
Student Teachers
The Board of Education endorses participation in undergraduate student teaching programs with colleges and universities for the purpose of training competent future teachers. Student teachers will be accepted on a limited basis and placed according to availability of competent cooperating teachers
The Board of Education authorizes the Superintendent of Schools to create appropriate procedures for the selection and supervision of these teachers.
Legal Reference : Connecticut General Statutes:
10-221d Criminal history records checks of school personnel. Fingerprinting. Termination or dismissed. (as amended by PA 01-173, PA 04-181 and June 19 Special Session, PA 09-1)
29-171 Criminal history checks. Procedure. Fees.
Adopted: December 7, 1987
Revised: June 7, 2016
4230 Homebound Teachers
Personnel – Certified – Part-Time
Homebound Teachers
Teachers of homebound children are employed on a fee basis and shall be paid an hourly rate established by the Board of Education. They shall hold state certification for the grade level or subject area for which they are assigned to teach.
Assignment of teachers of homebound children shall be made by the Director of Pupil Services.
Adopted: December 21, 1987
Reviewed: May 17, 2016
4240 Continuing Education Teachers
Personnel – Certified – Temporary/Part-Time
Continuing Education Teachers
Continuing education teachers shall be required to hold an appropriate certificate qualifying them to teach mandated or credit adult classes for which they have been employed.
Legal Reference: Connecticut General Statutes:
10-9 Adult Education
10-70 Rooms and personnel
10-73a Adult Education
Adopted: December 7, 1987
Reviewed: June 6, 2017
4250 Prohibition on Recommendations for Psychotropic Drugs
In accordance with Conn. Gen. Stat. § 10-212b, the Board of Education prohibits school personnel from recommending the use of psychotropic drugs for any child. Moreover, personnel may not require that a child obtain a prescription for a controlled substance (as defined in the Controlled Substances Act, 21 U.S.C. § 801 et seq.) in order for the child to: 1) attend school; 2) receive an initial evaluation or reevaluation to determine a child's eligibility for special education; or 3) receive special education and related services. Notwithstanding the foregoing, school health or mental health personnel may recommend that a child be evaluated by an appropriate medical practitioner and school personnel may consult with such practitioner with the consent of the parent(s) or guardian(s) of such child, in accordance with the procedures outlined below.
I. Definitions
For purposes of this policy, the following definitions apply:
A. Psychotropic drugs means prescription medications for behavioral or social-emotional concerns, such as attentional deficits, impulsivity, anxiety, depression and thought disorders, and includes, but is not limited to, stimulant medication and antidepressants.
B. Recommend means to directly or indirectly suggest that a child should use psychotropic drugs.
C. School health or mental health personnel means:
1. school nurses or nurse practitioners appointed pursuant to Conn. Gen. Stat. § 10-212;
2. school medical advisors appointed pursuant to Conn. Gen. Stat. § 10-205;
3. school psychologists;
4. school social workers;
5. school counselors;
6. school administrators;
7. other school personnel (such as a teacher designated as a child's Case Manager) who have been identified by a Planning and Placement Team, Section 504 team, Student Assistance Team or similar group of district professionals as the person responsible for communication with a parent or guardian about a child’s need for medical evaluation;
8. a school professional staff member designated by the Superintendent to communicate with a child's parent or guardian about a child’s need for medical evaluation.
II. Procedures
A. A school health or mental health personnel, as defined above, may communicate with other school personnel about a child who may require a recommendation for a medical evaluation, provided that 1) there is a legitimate educational interest in sharing such information; and 2) such communication shall remain confidential, to the extent required by law.
B. A school health or mental health personnel, as defined above, may communicate a recommendation to a parent or guardian that a child be evaluated by a medical practitioner provided that 1) based on such person’s professional experience, objective factors indicate that a medical evaluation may be necessary to address concerns relating to the child’s education and overall mental health; and 2) any communication includes the basis for the recommendation.
C. If a parent or guardian determines that it is necessary to share medical information, including results of any medical evaluation, with school personnel, he or she may do so at any time. School personnel who receive such information directly from a parent must maintain the confidentiality of such information, to the extent required by law.
D. Any school personnel with a legitimate educational interest in obtaining information from a child’s medical practitioner outside the school who is not a school employee must obtain prior, written consent from the child’s parent or guardian to communicate with such outside medical practitioners. Any school health or mental health personnel, as defined above, may request written consent from the parent or guardian. To be valid, the written consent must: 1) be signed by the child’s parent or guardian; 2) be dated; 3) provide the child’s name; 4) provide the name of the medical practitioner and relevant contact information, to the extent known; and 5) indicate the scope of the consent.
Nothing in this policy shall be construed to prevent school personnel from consulting with a medical practitioner who has information concerning a child, as long as the school district has obtained consent from the parent(s) or guardian(s) of the child, in accordance with Section II.D., above. Nothing in this policy shall prevent a Planning and Placement Team from recommending a medical evaluation as part of an initial evaluation or reevaluation, as needed to determine a child's (i) eligibility for special education and related services, or (ii) educational needs for an individualized education program.
Legal References:
Conn. Gen. Stat. § 10-76d Duties and powers of boards of education to provide special education programs and services
Conn. Gen. Stat. § 10-212b Policies prohibiting the recommendation of psychotropic drugs by school personnel
34 C.F.R. § 300.174 Prohibition on mandatory medication.
Adopted: June 16, 2001
Reviewed: June 20, 2007
Revised: November 15, 2022
4300 Employees and Section 504 of The Rehabilitation Act of 1973 and Title ll of The Americans With Disabilities Act of 1990
Section 504 of the Rehabilitation Act of 1973 (“Section 504”) prohibits discrimination against individuals with a disability in any program receiving Federal financial assistance. Similarly, Title II of the Americans with Disabilities Act of 1990 (“Title II” or “ADA”) prohibits discrimination against individuals with a disability by state and local governments. To be protected under Section 504 and the ADA (“collectively, “Section 504/ADA”), an individual must (1) have a physical or mental impairment that substantially limits one or more major life activities; (2) have a record of such an impairment; or (3) be regarded as having such an impairment.
In order to fulfill its obligation under Section 504/ADA, the West Hartford Board of Education (the “Board”) recognizes a responsibility to avoid discrimination in policies and practices regarding its personnel, students, parents/guardians and members of the public who participate in school sponsored programs. In this regard, the Board prohibits discrimination against any person with a disability in any of the services, programs or activities of the school system.
Employees who are interested in requesting or discussing reasonable accommodations for a disability should contact:
The Director of Human Resources
West Hartford Public Schools
50 South Main Street, Suite 408
West Hartford, CT 06107
860-561-6694
Any employee may file an internal grievance/complaint regarding discrimination on the basis of disability by or within the district by utilizing the grievance/complaint procedures outlined in the Board’s Administrative Regulations Regarding Employees and Section 504 of Rehabilitation Act of 1973 and Title II of Americans with Disabilities Act, and/or may file a complaint with the Office for Civil Rights, U.S. Department of Education (“OCR”):
Office for Civil Rights, Boston Office
U.S. Department of Education
8th Floor
5 Post Office Square
Boston, MA 02109- 3921
(617) 289-0111
Employees may also file a complaint regarding employment discrimination on the basis of disability with the Equal Employment Opportunity Commission, Boston Area Office, John F. Kennedy Federal Building, 15 New Sudbury Street, Room 475, Boston, MA 02203-0506 (TELEPHONE NUMBER 800-669-4000).
Employees may also file a complaint with the Connecticut Commission on Human Rights and Opportunities, 450 Columbus Blvd., Hartford, CT 06103-1835 (TELEPHONE NUMBER 800-477-5737).
Anyone who wishes to file a grievance/complaint with the district, or who has questions or concerns about this policy, should contact the Pupil Personnel Director, the Section 504/ADA Coordinator for the West Hartford Public Schools, at phone number 860-561-6606.
Legal References:
29 U.S.C. §§705, 794
34 C.F.R. Part 104
42 U.S.C. §12101 et seq.
28 C.F.R. Part 35
Adopted: December 20, 2022
4400 Plan for Minority Educator Recruitment
In accordance with Sections 10-4a(3), 10-220(a), and 10-156ee of the Connecticut General Statutes, the West Hartford Board of Education (the “Board”) has developed the following written plan for minority educator recruitment:
1. All recruiting sources will be informed in writing of the Board's non-discrimination policy.
2. The Board will develop contacts with local training and educational institutions, including those with high minority enrollments, to publicize job openings within the school district and to solicit referrals of qualified minority candidates.
3. The Board will develop contacts with local minority community organizations to publicize job openings within the school district and to solicit referrals of qualified minority candidates.
4. The Board will maintain, or expand, as appropriate, its help-wanted advertising to include print and/or broadcast media that is targeted to minorities.
5. The Board will participate in local job fairs, including those that are sponsored by minority community organizations or otherwise targeted toward minorities.
6. The Board, or its designee, will maintain records documenting all actions taken pursuant to this plan, including correspondence with recruitment agencies and other referral sources, job fair brochures and advertising copy.
7. The Board will review on an annual basis the effectiveness of this plan in increasing minority applicant flow and attracting qualified candidates for employment.
Legal References:
Connecticut General Statutes §10-4a (3) Educational interests of state identified
Connecticut General Statutes §10-220(a) Duties of boards of education
Connecticut General Statutes §10-156ee Duties re minority teacher recruitment
Adopted: December 20, 2022
4500 Evaluation, Termination, and Non-Renewal of Athletic Coaches
It is the policy of the West Harford Board of Education (the “Board”) that an athletic coach employed by the Board shall:
1) adhere to all Board policies, rules and regulations;
2) conduct himself or herself in a professional manner;
3) serve as a role model for students; and
4) demonstrate competence and proficiency in his or her role as an athletic coach of a particular sport.
For purposes of this policy, the term “athletic coach” means any person holding (and required to hold) a coaching permit issued by the Connecticut State Board of Education who is hired by the Board to act as a coach for a sport season. The term “athletic coach” under this policy shall include only coaches who have direct responsibility for one or more teams (including assistant coaches if they serve as a coach to another team (e.g., JV)), and the term shall not include other assistant coaches and volunteer coaches.
For purposes of this policy, the term “athletic director” means an individual responsible for administering the athletic program of a school or school district under the jurisdiction of the Board, and who is responsible for the supervision of athletic coaches.
The Superintendent may adopt administrative regulations in accordance with this policy.
I. Evaluations
Pursuant to state law, the Board requires that an athletic coach employed by the Board be evaluated on an annual basis by the athletic director or the coach’s immediate supervisor. An athletic coach shall be provided with a copy of any such evaluation. Other assistant and volunteer coaches may be evaluated as directed by the Superintendent of Schools or his/her designee.
II. Employment of an Athletic Coach
A. Athletic coaches serve at the discretion of the Superintendent, and their employment in their specific coaching positions (e.g., basketball, golf) may be non-renewed or terminated at any time, subject to the provisions set forth below which apply to athletic coaches who have served in the same coaching position for three or more consecutive school years.
B. If the Superintendent non-renews or terminates the coaching contract of an athletic coach who has served in the same coaching position for three or more consecutive school years, the Superintendent shall inform such coach of the decision within ninety (90) calendar days of the end of the athletic season covered by the contract. In such cases, the athletic coach will have an opportunity to appeal the decision of the Superintendent in accordance with the procedures set forth below in Section III.
C. Notwithstanding any rights an athletic coach may have to a hearing, nothing prohibits a Superintendent from terminating the employment contract of any athletic coach at any time, including an athletic coach who has served in the same coaching position for three or more consecutive school years:
1) for reasons of moral misconduct, insubordination, failure to comply with the Board’s policies, rules and regulations; or
2) because the sport has been canceled by the Board.
D. If a decision to terminate a coach’s employment is made during the athletic season, the Superintendent shall remove the coach from duty during the pendency of any hearing conducted pursuant to this policy.
III. Hearing Procedures:
An athletic coach who has served in the same coaching position for three or more consecutive school years may appeal any such non-renewal or termination decision (except if such decision was due to cancellation of the sport) to the Board in accordance with the following procedures:
A. The athletic coach must file a written appeal with the Board within ten (10) calendar days of the Superintendent’s written notification of non-renewal or termination. Such appeal shall set forth the basis on which the athletic coach seeks review of that decision, and a copy of said appeal shall be sent to the Superintendent. Failure to submit a timely written appeal shall constitute a waiver of said appeal opportunity.
B. Within a reasonable period of time of its receipt of a written appeal of the Superintendent’s decision, the Board or a committee of the Board as designated by the Chairperson shall conduct a hearing to consider such appeal. Reasonable notice of the time and place for such hearing shall be issued to the athletic coach prior to the commencement of the hearing.
C. At the hearing, the athletic coach shall have an opportunity to present facts and evidence in support of renewal and/or reinstatement, and the Superintendent shall have the opportunity (but shall not be obligated) to present facts and evidence in support of the decision of non-renewal and/or termination. For good cause shown, the athletic coach may call a limited number of witnesses to testify if there is a clear need for witnesses to present factual information (rather than simply expressing an opinion on the skill or competence of the athletic coach). In any event, cumulative or redundant testimony shall not be allowed.
D. The decision of non-renewal or termination shall be affirmed unless the Board determines that the decision is arbitrary and capricious. The coach shall bear the burden of proof on this point.
E. Within a reasonable period of time following the hearing, the Board shall determine whether the Superintendent acted in an arbitrary and capricious manner in making his/her decision not to renew and/or to terminate, and shall provide a written decision to the coach. The decision of the Board shall be final.
Legal References:
Conn. Gen. Stat. §10-222e Policy on evaluation and termination of athletic coaches
Conn. Gen. Stat. §10-149d Athletic directors. Definitions, Qualifications and hiring. Duties.
Adopted: December 20, 2022