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TC-5000-1
5000—PERSONNEL
5010 Goals and Objectives
5020 Equal Employment Opportunity and Multiracial
Understanding
5030 Non-Discrimination and Complaint Procedure
5035 Discriminatory Harassment of Employees or Applicants
5040 Retaliation and Whistle Blowing
5160 Qualifications and Duties
5175 Criminal History and Background Checks
5180 Unauthorized Release of Information
5185 Social Security Number Confidentiality
5190 Staff Development Opportunities
5200 Staff Conduct
5203 Use of District Equipment, Supplies and Materials
5205 Possessing, Transporting or Transmitting Dangerous
Weapons
5210 Staff Complaints (Cf. 5030, 5040)
5220 Staff-Student Relations
5230 Conflict of Interest (Cf. 5695)
5235 Nepotism
5245 Political Activities
5250 Employee Use of Electronic Communication Devices
5300 Personnel Records
5310 HIPPA
5340 Staff Health and Safety
5345 Staff Smoking and Tobacco Products
5350 Drug-Free Workplace
5355 Employee Assistance Program
5357 Family and Medical Leave
5358 Employees Performing Safety-Sensitive Functions and
Alcohol and Drug Testing
5370 Communicable Diseases – Staff and Students
5410 Professional Staff Contracts
5430 Hiring and Terminating Employment of Staff
5500 Administrative Tenure
5520 Evaluation
5521 Compensation for Non-Union Staff
5540 Suspension and/or Dismissal of Professional Staff
5640 Non-School Employment/Outside Activities of Staff
5645 Consulting
5695 Ethics (Cf. 5230)
5710 Compensation Guides and Contracts
5725 Qualifications and Duties
5780 Non-Certified Staff Probation
5800 Evaluation of Non-Certified Staff
Policy Manual
Section 5000 - Personnel
TC-5000-2
Policy Manual
Section 5000 - Personnel
5010 Goals and Objectives 5010
Since each child is the reason the Lenawee Intermediate School District
exists (District’s Vision) and since the Board desires to make this a good place
for people to work, the goals of the personnel policies set forth in this section are
to further the District’s Vision and to create the best possible educational climate
for the students of the District. To this end, these personnel policies are
and privileges.
Policy Manual
Section 5000 - Personnel
5020 Equal Employment Opportunity and Multiracial Understanding 5020
Board is to attract and retain individuals qualified and/or trainable for the
the different cultures, races, and religions of its students, staff and communities,
Policy Manual
Section 5000 - Personnel
5030 Non-Discrimination and Complaint Procedure (Cf. 2450, 8015) 5030
It is the policy of the Board of Education that the District will not
discriminate against any person based on sex, race, color, national origin,
disability. The District reaffirms its long-standing policy of compliance with all
including, but not limited to, Titles VI and VII of the Civil Rights Act of 1964, 42
of 1990, 42 U.S.C. §§ 1210, et seq.; the Handicappers’ Civil Rights Act, MCL §§
37.1101, et seq.; and the Elliott-Larsen Civil Rights Act, MCL §§ 37.2101, et seq.
Policy Manual
Section 5000 - Personnel
5030 Non-Discrimination and Complaint Procedure (Cf. 2450, 8015) 5030-2
origin, religion, height, weight, age, sexual orientation, or marital status should be
directed to:
receive and resolve complaints from any person who believes that he/she may
have been discriminated against in violation of this policy. Any person who
believes he/she has been discriminated against in violation of this policy should
file a written complaint with the Civil Rights Coordinator within ten (10) calendar
days of the alleged violation. The Civil Rights Coordinator will take, then, the
Second, arrange for a meeting to occur with the complainant, which may include
school District staff who are knowledgeable of the facts and circumstances of the
particular complaint or who have particular expertise that will assist in resolving
Policy Manual
Section 5000 - Personnel
5030 Non-Discrimination and Complaint Procedure (Cf. 2450, 8015) 5030-3
the complaint. Third, complete the investigation of the complaint and provide, in
he/she shall propose a fair resolution of the complaint and deliver the
The Board President may elect to secure the services of an outside party
to investigate the facts and circumstances surrounding any complaint against the
Superintendent.
the Superintendent, shall affirm or reverse the Civil Rights Coordinator’s decision
be final.
complainants have the right to file a complaint with the Office for Civil Rights, US
Policy Manual
Section 5000 - Personnel
5030 Non-Discrimination and Complaint Procedure (Cf. 2450, 8015) 5030-4
Policy Manual
Section 5000 - Personnel
5035 Discriminatory Harassment of Employees or Applicants 5035
individuals’ sex, race, color, national origin, age, religion, height, sexual
employee/applicant’s employment; or
Superintendent of Schools
Lenawee Intermediate School District
4107 N. Adrian Highway
Adrian, MI 49221
Phone: (517) 265-1628
Policy Manual
Section 5000 - Personnel
5035 Discriminatory Harassment of Employees or Applicants 5035-2
reprisal.
harassment, the totality of the circumstances, the nature of the harassment and
the context in which the alleged incident(s) occurred will be investigated. The
race, color, national origin, age, sex, height, weight, sexual orientation, marital
may range from Board of Education public censure to removal of the Board
Policy Manual
Section 5000 - Personnel
5035 Discriminatory Harassment of Employees or Applicants 5035-3
Notification
and departments within the District, and incorporated in teacher, student and
shall be held periodically for all Board members, administrators, teachers and
employees of the District. In addition, students will have available as part of their
curriculum and instructional program, sessions on this policy and the prevention
Sexual harassment, may include, but is not limited to, the following:
public duties.
LEGAL REF: MCL 37.2101 et seq., (Elliott-Larsen Civil Rights Act); 380.11a; 20
USCA §1681; 34 CFR §106.8; 34 CFR §106.9 (Title IX of the Education
Amendments)
Policy Manual
Section 5000 - Personnel
5035-R Discriminatory Harassment of Employees or Applicants 5035-R
or believe they have been discriminated against, that person may make a
The person who believes they have a valid basis for the complaint shall
discuss the matter informally and verbally with the local Title coordinator, who
shall investigate the complaint and answer the complaint within two business
Policy Manual
Section 5000 - Personnel
5040 Retaliation and Whistle-Blowing 5040
basis of sex, race, color, national origin, age, religion, height, sexual
regulation to a public body (unless the employee knew that the report
body or a court.
assures that no employee or applicant for employment who makes such a report
will suffer any form of reprisal, retaliation or discrimination for making the report.
by the Superintendent. Such job description shall be on file in the central office
Policy Manual
Section 5000 - Personnel
5175 Criminal History and Background Checks 5175
certified or support positions, and any volunteers working directly with students in
any capacity shall have undergone both a criminal history and records check
performed by the State Police and FBI. The results shall have been received
before the individual is employed unless, under the guidelines in current law, the
No later than July 1, 2008, the Board shall have requested both a criminal
history and records check through the State Police and the FBI for all individuals,
Only those persons who have been offered a position or contract by the
Board and/or Superintendent must undergo a criminal history check, not all
applicants.
1
A listed offense includes any of the following:
1) Accosting or soliciting a child for immoral purposes (MCL 750.145a-c);
2) Sodomy if the victim is an individual less than 18 years of age (MCL 750.158);
3) A third or subsequent violation of any combination of the following:
a. Being engaged in indecent or obscene conduct in a public place (MCL 750.167(1)(f))
b. Indecent exposure (MCL 750.335a)
c. A local ordinance of a municipality substantially corresponding to the above;
4) Except for a juvenile disposition or adjudication, gross indecency between males, females, or
between a male and female, if the victim was under 18 years of age (MCL 750.338-338b);
5) Kidnapping (MCL 750.349);
6) Kidnapping under age 14 (MCL 750.350);
7) Soliciting and accosting (MCL 750.448);
8) Pandering (MCL 750.455);
9) 1st, 2nd, 3rd and 4th degree criminal sexual assault, and second or subsequent offenses (MCL 520b-
e);
10) Assault with intent to commit criminal sexual assault (MCL 750.520g);
11) Sexually delinquent persons (MCL 750.10a);
12) The attempt or conspiracy to commit any of the above offenses;
13) Any other violation of a law of this state or a local ordinance of a municipality that by its nature
constitutes a sexual offense against an individual who is less than 18 years of age; and (Continued
next page)
14) Any offense substantially similar to the above offenses under a law of the United States, any state,
or any country or under tribal or military law.
Policy Manual
Section 5000 - Personnel
An individual shall not be employed, in any capacity, who has been convicted of
a felony, unless the Superintendent and the Board specifically approve the work
assignment in writing.
has been convicted of a listed offense, the individual shall not be employed, in
any capacity, or allowed to work under contract regularly and continuously in any
2
MCL 380.1535a(1) includes a conviction for any felony and any of the following misdemeanors: 1)
criminal sexual conduct in the fourth degree or an attempt to commit criminal sexual conduct in the fourth
degree; 2) child abuse in the third or fourth degree, or any attempt to commit child abuse in the third or
fourth degree; 3) a misdemeanor involving cruelty, torture, or indecent exposure involving a child; 4) a
misdemeanor violation of Section 7410 of the Public Health Code (concerning distribution of marijuana to
minors near school property); 5) a violation of section 115, 141a, 145a, 335a, or 359 of the Michigan Penal
Code (concerning breaking and entering; consumption or possession of alcohol by minors, or controlled
substances at social gatherings; soliciting a child for immoral purposes; indecent exposure; and damage to
vacant buildings); or a misdemeanor violation of section 81, 81a, or 145d of the Michigan Penal Code
(including assault and battery; domestic assault; assault and infliction of serious injury; and using the
Internet to commit a crime against a minor); 6) a misdemeanor violation of Section 701 of the Michigan
Liquor Control Act (concerning the prohibition of liquor sales to minors); 7) any misdemeanor that is a
listed offense; and 8) a violation of a substantially similar law of another state, of a political subdivision of
this state or another state, or of the United States – as amended by 2005 PA 130.
MCL 380.1535a(2) includes the following offenses:
a) Criminal sexual conduct in any degree, assault with the intent to commit criminal sexual
conduct, or an attempt to commit criminal sexual conduct in any degree;
b) Felonious assault on a child2, child abuse in the first degree, or an attempt to commit child abuse
in the first degree;
c) Cruelty, torture, or indecent exposure involving a child;
d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410, or 7416 of the Public Health Code
(concerning unlawful manufacture, delivery, or possession of controlled substances or controlled
substance analogues; distribution of marijuana to minors near school property; and recruiting or
inducing a minor to commit a felony);
e) A violation of section 83, 89, 91, 145a-c, 316-17, 350, 448, 455, or 529 of the Michigan Penal
Code (concerning assault with intent to commit murder or to steal while armed; attempt to
murder; consumption or possession of alcohol by minors, or controlled substances at social
gatherings; first and second degree murder; armed robbery; and using the Internet when
committing a crime against a minor);
f) A violation of section 158 of the Michigan Penal Code if the victim was an individual less than
18 years of age (concerning crimes against nature or sodomy);
Policy Manual
Section 5000 - Personnel
5175 Criminal History and Background Checks 5175-3
purposes only. No Board member or employee shall disclose the report or its
or physical abuse, to any person other than those directly involved in evaluating
Upon an offer of initial employment by the Board, all persons shall have
g) Except for a juvenile disposition or adjudication, a violation of section 338, 338a, or 338b of the
Michigan Penal Code if the victim was an individual less than 18 years of age (concerning gross
indecency between males, females, and between males and females);
h) A violation of section 349 of the Michigan Penal Code if the victim was an individual less than
18 years of age (concerning kidnapping);
i) An offense committed by a person who was, at the time of the offense, a sexually delinquent
person – any person whose sexual behavior is characterized by repetitive or compulsive acts
which indicate a disregard of consequences or the recognized rights of others, or by the use of
force upon another person in attempting sex relations of either a heterosexual or homosexual
nature, or by the commission of sexual aggressions against children under the age of 16;
j) An attempt or conspiracy to commit an offense listed in (a) or (e-i);
k) A violation of a substantially similar law of another state, of a political subdivision of this state
or another state, or of the United States; Any crime listed in 1535(1), if the superintendent of
public instruction determines the public health, safety or welfare requires emergency action
based on the circumstances underlying the conviction.
3
Any person that violates this policy may be found guilty of a crime.
Policy Manual
Section 5000 - Personnel
5180 Unauthorized Release of Information 5180
confidential information or records that are only available to the general public on
is confidential, and law governs its release; for example, driver record and
checks.
It is the policy of the Board that employees are prohibited from divulging
information contained in the records and files of the District, except to other,
authorized, employees who may need such information in connection with their
duties and to authorized persons in accordance with law, District policies, and
administrative rules.
court order. In all cases, the employee’s immediate supervisor shall be informed,
District for personal reasons or private gain, will be disciplined in accordance with
Disciplinary action may include severe penalties, up to, and including, discharge.
The District shall apply the requirements set forth in this policy, equally, to
Policy Manual
Section 5000 - Personnel
5180 Unauthorized Release of Information 5180-2
Policy Manual
Section 5000 - Personnel
5180-R Unauthorized Release of Information 5180-R
Employee Competence
1. The District will take steps, through the interview, selection, assignment,
and hiring process, to see that any employee, or data processing
subcontractor employee, if any, who is authorized to access driver, vehicle
and related records, or who has access to information regarding criminal
background checks or unprofessional conduct checks and related records
will:
1.) Be adequately trained to access such records,
2.) Be competent to perform that task, and
3.) Conduct each record inquiry in accordance with the standards of
technical competency that are generally recognized in the data
service industry.
Security of Data
The District will implement the following security requirements whenever
and wherever records and/or information obtained through any means, electronic
or otherwise, is accessed, stored or disseminated:
1. Use software and hardware that is technologically adequate to prevent
unauthorized access to the information.
2. Establish operational programs to prohibit unauthorized inquiries from any
terminal or other access site.
3. Institute operational programs to detect unauthorized attempts to
penetrate the District’s system of electronic records.
4. Provide for the physical security of the District’s computer system, with
procedures and devices designed to protect against the theft of records
and information.
5. Secure from each employee (or Subcontractor employee) a signed and
approved System Access Request form (or other equivalent form) that
grants authority and permission to directly access driver, vehicle, criminal,
or related records.
Policy Manual
Section 5000 - Personnel
5185 Social Security Number Confidentiality (Cf. 5180) 5185
Pursuant to both state and federal law, it is the policy of this school District
knowingly disclose, transfer, or unlawfully use the social security number of any
practicable;
2. The unlawful disclosure of social security numbers is prohibited;
limited; and
This policy and its rules shall be published in the appropriate handbooks,
manuals, and other similar documents. The published document(s) may also be
Persons who violate this policy, or the rules that implement it, may be
Policy Manual
Section 5000 - Personnel
5185-R Social Security Number Confidentiality (Cf. 5180) 5185-R
Public Records
Information Collected
for the social security number shall be used such as a District-created student
inform the individual of the purpose for the collection, the intended use, whether
the law requires the number to be provided, and the consequences of not
Public Display
badges, time cards, employee rosters, bulletin boards, or any other materials or
numbers or other sensitive information shall be kept out of public view at all
times.
4
A social security number may be included in a mailed document where: 1) It is sent as part of an
application or enrollment process initiated by the individual. 2) It is sent to establish, confirm the status of,
service, amend, or terminate an account, contract, employee, or health insurance benefit - or to confirm the
accuracy of a social security number of an individual who has a account, contract, policy, or employee or
health insurance benefit. 3) It is contained in a public record and is mailed in compliance with the freedom
of information act. 4) It is a copy of a vital record, which was recorded according to law, and is mailed to a
Policy Manual
Section 5000 - Personnel
5185-R Social Security Number Confidentiality 5185-R-2
Documents containing social security numbers, that are sent through the mail,
shall not reveal the number through the envelope window or otherwise be visible
Social security numbers shall not be sent through email unless the
Telephonic Communications
District employees shall not disclose any social security number over the
telephone or leave a voice mail message disclosing any social security number.
privileged and confidential, and that it is only intended for the use of the individual
will any student have access to social security number information for either
person entitled to receive that record. 5) It is mailed by, or at the request of, an individual whose social
security number appears in the document or information or his or her parent or legal guardian.
5
Cf. 4260
Policy Manual
Section 5000 - Personnel
5185-R Social Security Number Confidentiality 5185-R-3
other sensitive information shall not be thrown away in the trash; they shall be
as shredding.
Policy Availability
All current and future District employees shall be given a copy of the
available electronically.
Accountability
Any person who fails to comply with the District’s Privacy Policy shall be
advisable.
Policy Manual
Section 5000 - Personnel
5190 Staff Development Opportunities 5190
new learnings and anticipates future conditions. All members of the staff should
continue to grow and learn while employed at the District. Through providing
learning opportunities for local educators the District promotes quality learning for
will work cooperatively to promote and establish programs and activities which
Policy Manual
Section 5000 - Personnel
5200 Staff Conduct 5200
All staff members have the responsibility to become familiar with, and
abide by, the laws of the state of Michigan as they affect their work, the policies
of the Board, and the administrative regulations designed to implement them. All
staff members shall be expected to carry out their assigned duties, support and
protect District property, oversee students, and contribute to the education and
will be provided that defines approved actions, and informs employees that they
may be liable for harm when they engage in criminal, grossly negligent or
reckless conduct, or act with flagrant indifference to the rights and safety of
another person who suffers harm as a result. The Superintendent will develop
rules that prescribe the circumstances under which the District administration
Staff Appearance
Staff dress and grooming must not disrupt the educational process,
Policy Manual
Section 5000 - Personnel
5203 Use of District Equipment, Supplies and Materials (Cf. 9250) 5203
equipment, supplies and materials provided that use is in the best interests of the
District. Staff using District equipment, supplies, materials and software shall be
in compliance with all copyright laws. Staff members authorized to use District
equipment assigned to them for use off school grounds (such as, but not limited
to, laptop computers, cellular telephones, printers or the like) shall assume
responsibility for said equipment. Unless specifically authorized otherwise, all
Recognized bargaining units may use District equipment as provided for in the
6
MCL 19.141 Care, preservation, and protection of state buildings and property. The Department of
Education, among others named in the act, may prescribe rules and regulations for the care, preservation,
and protection of buildings and property dedicated and appropriated to the public use and the control and
conduct of those coming upon the property. The act authorizes those having control over property and
buildings to file a misdemeanor complaint against those who misuse the property. MCL 750.362 - Larceny
by conversion. Any person to whom any money, goods or other property, which may be the subject of
larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall
secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part
thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as
provided under the Michigan Penal Code. (Underlining added.)
Policy Manual
Section 5000 - Personnel
5205 Possessing, Transporting or Transmitting Dangerous Weapons 5205
No person shall possess, transport or transmit a dangerous weapon on
District property, property used by the District for a school-related purpose, or in
a motor vehicle used for a District-related purpose unless: (a) Prior permission
has been granted by the Superintendent; (b) The person in an on-duty law
enforcement officer or, if off duty, the officer is otherwise required by the law
enforcement agency to carry a weapon or; (c) or as otherwise allowed by law.7
A dangerous weapon is defined in the law. Pursuant to federal law, the
term firearm includes, but is not limited to, any weapon designed to expel a
projectile by the action of an explosive, the frame or receiver of any such
weapon, a muffler or silencer for such a weapon, or destructive device.8 Any
person, including a student, who violates this Policy, will be reported to law
enforcement authorities. Employees who violate this policy will be severely
disciplined, up to and including discharge.
The Board policy prohibiting students from possessing dangerous
weapons is contained in the Student Code of Conduct. The Board, pursuant to
state law, shall expel students who violate the weapons laws and rules unless
one of the statutory exceptions is established.9 To comply with federal law, any
such exception shall be reduced to writing.
LEGAL REF: MCL 380.1311; 750.237a; 18 USCA 921; 20 USCA 7151 (No Child
Left Behind Act)
7
28.425o. added Premises on which carrying concealed weapon prohibited; violation. Sec. 5o. (1) An
individual licensed under this act to carry a concealed pistol, or who is exempt from licensure under section
12a(f), shall not carry a concealed pistol on the premises of any of the following: (a) A school or school
property except that a parent or legal guardian of a student of the school is not precluded from carrying a
concealed pistol while in a vehicle on school property, if he or she is dropping the student off at the school
or picking up the child from the school. As used in this section, “school” and “school property” mean those
terms as defined in section 237a of the Michigan penal code, 1931 PA 328, MCL 750.237a.
8
Pursuant to federal law, the term destructive device means: any explosive, incendiary, or poison gas:
bomb, grenade, rocket having a propellant charge of more than four ounces, missile having an explosive or
incendiary charge of more than one-quarter ounce, mine, or device similar to any or the devices described
in the preceding clauses.
9
To establish a statutory exception, state law requires clear and convincing evidence that: 1) The object or
instrument possessed by the pupil was not possessed by the pupil for use as a weapon, or for direct or
indirect delivery to another person for use as a weapon, or 2) the weapon was not knowingly possessed by
the pupil, or 3) the pupil did not know or have reason to know that the object or instrument possessed by
the pupil constituted a dangerous weapon, or 4) the weapon was possessed by the pupil at the suggestion,
request, or direction of, or with the express permission of, school or police authorities.
Policy Manual
Section 5000 - Personnel
5210 Staff Complaints and Grievances (Cf. 5030, 5040) 5210
the need to provide for orderly resolution of any grievance arising from an alleged
procedures. Any non-union school employee shall have the right of access to the
a high level of staff morale is important for the smooth operation of the
organization. Therefore, all LISD employees are strongly encouraged to keep
subordinates.
that directly affect the employee, the complaint or request shall be processed
Policy Manual
Section 5000 - Personnel
5210-R Staff Complaints and Grievances (Cf. 5030, 5040) 5210-R
be taken:
resolution is obtained within three days, the employee shall write an account of
the grievance on the LISD Grievance Form. This written account shall include:
a. A summary of the facts giving rise to the alleged occurrence.
f. If the grievant is not satisfied with the decision made at any level, he/she
must state in writing why the disposition by the supervisor at the previous
grievance form.
The immediate supervisor shall provide a copy of the grievance form upon
request.
A copy of the written grievance form shall be filed with the employee's
supervisor's decision. Within five days after receiving the written grievance form,
the employee's immediate supervisor shall arrange a meeting with the grievant if
necessary (see Step I). Within five days following that meeting, the immediate
supervisor shall render his/her decision in writing, giving a copy to the grievant.
Policy Manual
Section 5000 - Personnel
5210-R Staff Complaints and Grievances (Cf. 5030, 5040) 5210-R-2
he/she may file a copy of the written grievance with the supervisor directly above
the grievant’s immediate supervisor within three days after the immediate
supervisor's written response has been received or should have been received.
Within five days after receiving the written grievance form, the supervisor
shall arrange a meeting with the grievant. Within five days following that meeting,
the supervisor shall render his/her decision in writing, giving a copy to the
grievant.
Step IV - Superintendent:
is unsatisfactory to the grievant, he/she may file a copy of the written grievance
with the Superintendent within three days after the Assistant Superintendent's
Within five days after receiving the written grievance form, the
Superintendent shall arrange a meeting with the grievant. Within five days
following that meeting, the Superintendent shall render his/her decision in writing,
giving a copy to the grievant. The grievance may proceed to the Superintendent
unsatisfactory to the grievant, the grievant may appeal to the Board of Education
by filing the written grievance form with the Superintendent not less than five
Policy Manual
Section 5000 - Personnel
5210-R Staff Complaints and Grievances (Cf. 5030, 5040) 5210-R-3
meeting. Within one month from the hearing of the grievance, the Board shall
The term "days" as used herein shall mean any days in which the District
is in operation.
procedure.
Time elements in the grievance steps may be shortened or extended upon
Should the grievant fail to meet the timelines' specified, the grievance shall
response.
The Board guarantees that there shall be no reprisals by the Board or any
LISD employee against a staff member who uses this grievance procedure.
Policy Manual
Section 5000 - Personnel
5220 Staff-Student Relations 5220
provides: ―Each student is the reason the LISD exists. The dignity and well-being
responsible for the regulation of student conduct consistent with this Vision.
Threats to Students
could result in liability to the District and personal liability to the staff members.
A. Each staff member must maintain a standard of care for supervision, control
responsibilities.
curriculum/area.
D. Each staff member must not send students on any personal errands.
E. A staff member must not transport students in a personal vehicle without the
Policy Manual
Section 5000 - Personnel
5220 Staff-Student Relations 5220-2
Pursuant to the laws of the state, each teacher and other ―mandatory
reporter‖ must report to the proper authorities, immediately, any reasonable sign
Policy Manual
Section 5000 - Personnel
5230 Conflict of Interest 5230
District employees are prohibited from engaging in activities which may be
construed as a conflict of interest and detract from the effective performance of
their duties. No employee shall attempt, during the school day or on school
property, to sell or endeavor to influence any employee or student to buy any
product, article, instrument, service or other such item, which would directly or
indirectly benefit said school employee.
In any 1 month period, any Intermediate School District employee shall not
accept from a person who does business or seeks to do business of any kind
with the Intermediate School District any money, goods, or services with a value
10
in excess of $44.00 if the employee does not provide goods or services of
equal value in exchange. This subsection does not apply to a gift or reward
already prohibited under section 1805.11
Employees shall not serve privately for profit, those students whom they
are assigned to serve publicly in the same capacity.
Any District employee shall report alleged violations of the conflict of
interest policy to the Superintendent. The Superintendent shall make an initial
investigation to determine whether said policy has been violated.
10
Adjusted annually via CPI. The Board of Education deliberately extends this statutory requirement listed
below to be an ethical standard for all employees. As established at MCL 380.634(4):
(4) Subject to subsection (8), in any 1-month period, an intermediate school board member or intermediate
school district administrator shall not accept from a person who does business or seeks to do business of
any kind with the intermediate school district any money, goods, or services with a value in excess of
$44.00 if the board member or administrator does not provide goods or services of equal value in exchange.
This subsection does not apply to a gift or reward already prohibited under section 1805.
11
See also, policy 1155, Board Member could be included in “school officer” term below:
380.1805 Acting as agent; receiving gift or reward; penalty.
Sec. 1805.
(1) A superintendent of public instruction, intermediate superintendent, school officer, superintendent,
principal, or teacher of schools shall not act as agent for an author, publisher, or seller of schoolbooks or
school apparatus, or receive a gift or reward for his or her influence in recommending the purchase or use
of a schoolbook, apparatus, or furniture in this state.
(2) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than
$500.00 or imprisonment for not more than 3 months, or both.
History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Policy Manual
Section 5000 - Personnel
5230-R Conflict of Interest 5230-R
services shall sign and file the "Conflict of Interest Disclosure Form" shown
below.
APPROPRIATE EMPLOYEES
shall not have a personal financial interest either directly or indirectly in any
contract or purchase of the District or benefit directly or indirectly from any
financial transaction or contract of the District unless that interest has been fully
disclosed and the person involved has removed himself from the decision-
making process.
entity that supplies materials, equipment, real estate or services to the District.
Policy Manual
Section 5000 - Personnel
5230-R Conflict of Interest 5230-R-2
purpose provided all the following conditions are met: (1) the securities are
counter quotations in the financial press, (2) the securities owned by you and to
your knowledge or belief, owned by your near relatives do not exceed 1% of the
outstanding securities of such corporation of the same class, and (3) the market
value of the securities of such corporation so owned does not exceed 50% of
sisters and brothers of yourself and your spouse, and the spouses of your
family. It is sufficient to give the facts as you know them or believe them to be.
submit this form. Section 2 or Public Act 317, 1968 (MCL 15.321 - 323) makes it
a misdemeanor for any public servant to: "…..directly or indirectly solicit any
contract between the public entity of which he/she is an officer or employee and
outstanding stock of any class where such stock is not listed on a stock
or employee; or (d) any trust of which he/she is a beneficiary or trustee; nor shall
he/she take any part in the negotiations for such a contract or the renegotiations
Policy Manual
Section 5000 - Personnel
5230-R Conflict of Interest 5230-R-3
later time there is a transaction involving that company to come before the Board,
you have a clear obligation to make your interest in that company known. If after
the statement is signed you acquire an interest in a company doing business with
the Board, that interest should be made public at or before such time as a
1. At any time since January 1, , have you, or to your knowledge and belief
has any NEAR RELATIVE of yours had any direct of indirect FINANCIAL
2. At any time since January 1, , have you or any member of your household
such business exceeds 10% of the business' capital or the income from which
3. At any time, since January 1, , have you been a Director, officer, sole
advisor to, or the recipient of any fee or commission from any business
Policy Manual
Section 5000 - Personnel
5230-R Conflict of Interest 5230-R-4
as last report", instead, any questions that cannot be answered "yes" or 'no"
form or by attachment.
I declare that to the best of my knowledge and belief, the answers I have given
and the statements attached are true and correct.
Legal Signature
Date _________________________
Policy Manual
Section 5000 - Personnel
5235 Nepotism 5235
conduct employment practices that do not give the appearance of, or result in
as of the date this policy is adopted, without the approval of the Superintendent.
Policy Manual
Section 5000 - Personnel
5245 Political Activities 5245
political office must notify the Superintendent no less than five days prior to the
Policy Manual
Section 5000 - Personnel
5250 Employee Use of Electronic Communications Devices 5250
Superintendent.
Personally Owned Communications Devices
by the Superintendent.
Policy Manual
Section 5000 - Personnel
5250-R Employee Use of Electronic Communications Devices 5250-R
responsible for the safekeeping of the equipment and exercise reasonable efforts
the employee having to reimburse the District for any associated costs of
replacement or repair.
Any such devices issued shall be with the expectation that they are to be
used for District-related business purposes and are not intended for personal use
except for incidental personal use and in emergencies involving employee health
or safety.
Policy Manual
Section 5000 - Personnel
5250-R Employee Use of Electronic Communications Devices 5250-R-2
and PDA’s or laptops with ―beaming capabilities‖ during the school day on school
property.
but such use is allowable during normal break times, lunch times, and
action.
Policy Manual
Section 5000 - Personnel
5300 Personnel Records 5300
employee. This file is the property of the District not the employee. Personnel
files kept by the District concerning employees shall be kept in a secured location
employees who have left the District shall be similarly kept either as a complete
file or by other means, but in an inactive file, for not less than seven years. A
personnel file unless the employee has had the opportunity to review the
material. A copy provided to the employee shall be sufficient for providing this
opportunity to review.
shall be retained for a minimum of the duration of employment plus thirty years.
The written consent must specify the records to be released and to whom
Policy Manual
Section 5000 - Personnel
5300 Personnel Records 5300-2
The Director of Staff Resources shall notify the employee when a request
to access records has been made. Such notice may be provided before or after
times, i.e., during regular office hours. The Director of Staff Resources will be
given notice prior to such review and must be present during such review.
Records Management
The Director of Staff Resources shall have the overall responsibility for
maintaining and preserving the confidentiality of the personnel files. The Director
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310
Flexible Spending Account Plan (the ―Plan‖). Certain employees of the District’s
business office may have access to the individually identifiable health information
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its
implementing regulations restrict the Plans ability to use and disclose protected
health information (PHI):
information that is created or received by the Plan and relates to the past,
for the provision of health care to a participant; and that identifies the participant
or for which there is a reasonable basis to believe the information can be used to
end, the District hereby designates itself as a Hybrid Entity, within the meaning of
HIPAA.
Hybrid entity. Under HIPAA, ―Hybrid Entity‖ means a single legal entity: (1)
that is a Covered Entity; (2) whose business activities include both covered and
non-covered functions; and (3) that designates its health care components.
All members of the District workforce who have access to PHI must
comply with this Privacy Policy and Procedures. For purposes of this Policy and
Procedures, the health care components of the District with access to PHI
include:
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-2
Structure.‖
No third party rights (including but not limited to rights of Plan participants,
procedures at any time (and even retroactively) without notice. To the extent this
beyond those required by HIPAA, the policy and procedures shall be aspirational
and shall not be binding upon the District. This policy and procedures do not
II. Purpose
This policy is established to comply with the regulatory provisions
promulgated under HIPAA, and to provide guidance for the Plan’s Operational
Structure.
III. Policy
It is the policy of the District that reasonable steps shall be taken to
safeguard PHI in connection with the Plan subject to the regulations, standards,
Plan shall take reasonable steps to (1) protect health information in its
whatever form, whether written, oral or electronic; and (2) meet or exceed the
standards for protecting health information set forth in the HIPAA rules to the
extent that the same are applicable to the Plan. The Plan shall comply with
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-3
standards and in implementing this policy for compliance with the HIPAA rules.
Consistent with the provisions of HIPAA, the Plan shall assure the rights of
information;
information; and
The Plan shall restrict its uses and disclosures of and requests for PHI to
identifiable health information by any person working for or within the Plan’s
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-4
Members of the Plan Operational Structure shall have access to PHI only
to the extent minimally necessary for them to perform their functions on behalf of
the Plan.
VI. Training.
District employees who are part of the Plan’s Operational Structure shall
receive training enabling them to understand and fulfill their duties and
obligations with respect to privacy and confidentiality of health information in their
possession. Initial training shall be completed no later than April 14, 2004, and
persons hired after April 14, 2004 shall receive appropriate training as soon as
possible after hire. All training shall be documented in each workforce member’s
HIPAA occur.
District’s HIPAA policies, to their supervisor or to the Privacy Officer. There shall
Privacy Officer and the contact person for participants and beneficiaries under
the Plan.
under HIPAA. Employees may disclose PHI to the Plan’s business associates
and allow the Plan’s business associates to create or receive PHI on its behalf.
However, prior to doing so, the Plan must first obtain assurances from the
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-5
sharing PHI with outside consultants or contractors who meet the definition of a
―business associate,‖ employees must contact the Privacy Officer and verify that
who:
health information. Physical safeguards may include locking doors and file
cabinets.
privacy practices. The privacy notice will inform participants that the District office
will have access to PHI in connection with its plan administrative functions. The
privacy notice will also provide a description of the Plan’s complaint procedures,
the name and telephone number of the contact person for further information,
and the date of the notice. The notice of privacy practices will be individually
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-6
delivered to all participants. The Plan will also provide notice of availability of the
law impacts the privacy notice, it shall promptly be revised and made available to
participants. Any such change shall only be effective with respect to PHI created
shall be maintained for a period of at least six years from the date of creation or
implement this policy. This policy and the manual of policies and procedures may
If a change in law impacts the privacy notice the privacy policy and
change is effective only with respect to PHI created or received after the effective
regarding Plan participants, then the Plan document shall be amended to include
Policy Manual
Section 5000 - Personnel
5310 HIPAA 5310-7
provisions to describe the limitations and the permitted and required uses and
XV. Complaints
The Privacy Officer shall be the Plan’s contact person for purposes of
receiving complaints. The Privacy Officer shall develop a process for individuals
to submit complaints about the Plan’s Privacy policy and procedures and for
handling such complaints in a manner that is consistent with the HIPAA rules.
take other retaliatory action against individuals for exercising their rights, filing a
under HIPAA.
Plan.
Policy Manual
Section 5000 - Personnel
5340 Staff Health and Safety (Cf. 5370) 5340
The Board shall promote staff health, safety, and protection during
working hours.
Policy Manual
Section 5000 - Personnel
5345 Staff Smoking and Tobacco Products (Cf. 8230, 9300) 5345
District employees shall not smoke or use tobacco products at any time
when they are involved with students or when supervising student activities
Policy Manual
Section 5000 - Personnel
5350 Drug-Free Workplace 5350
concerned about the health and productivity of its employees, and the education
and welfare of its students. Criminal drug abuse in the workplace cannot be
Assistance Program). Illegal student activities are governed under the Board of
The unlawful possession, use (including being under the influence of),
statute occurring in the workplace within five days after such conviction.
shall:
Policy Manual
Section 5000 - Personnel
5350 Drug-Free Workplace 5350-2
District within ten days after receiving notice of a workplace related drug
request assistance for drug counseling and/or rehabilitation shall direct their
programs; and,
4. The penalties that may be imposed upon employees for drug abuse
violations.
utilize the services and assistance of the District's insurance carrier, local or
This policy shall be published in the District's faculty and staff handbooks.
Policy Manual
Section 5000 - Personnel
5350-R Drug-Free Workplace 5350-R
about:
will:
Policy Manual
Section 5000 - Personnel
5350-R Drug-Free Workplace 5350-R-2
(e) Notifying the District within ten days after receiving notice under
(f) Taking one of the following actions within thirty (30) days of
Policy Manual
Section 5000 - Personnel
5355 Employee Assistance Program 5355
personal problems can affect his/her job. Alcoholism, drug abuse, physical or
mental illness; financial, marital, or family distress; legal problems, etc., can all
The Board believes that each employee should be offered the opportunity
to assist employers and employees, any LISD staff member can seek diagnosis
or treatment before substandard work performance jeopardizes his/her job.
E.A.P. services are designed to help working people and their families with their
personnel program. E.A.P. services are also available to the spouse and family
This policy should not be interpreted as a waiver of the Board's and the
limit the employee's right to the grievance procedure described in Board Policy
Information about E.A.P. services can be obtained through the LISD Staff
Policy Manual
Section 5000 - Personnel
5357 Family and Medical Leave 5357
The Board shall comply with the 1993 Family and Medical Leave Act.
Employees with at least 1,250 hours of work and 12 months are entitled to
unpaid leave of up to 12 weeks in any one year period for the birth/adoption of a
employee and the Superintendent. Benefits shall continue during the leave upon
Upon conclusion of the leave, the employee shall be returned to the same
position or an equivalent position. If the employee does not return as scheduled,
Policy Manual
Section 5000 - Personnel
5358 Employees Performing Safety-Sensitive Functions and 5358
Alcohol and Drug Testing
The Board may enter into partnership agreements with other Agencies to comply
The purposes of the testing program are 1) to preserve the safety and
wellbeing of students; 2) to help prevent accidents and injuries resulting from the
alcohol use, which could affect on-the-job performance. Such use includes: use
of alcohol on the job; alcohol use during the four hours before driving; having
Employees shall not report for duty or remain on duty which requires the
physician who has advised the employee that the controlled substance does not
alcohol and drug testing pursuant to procedures set out in the federal regulations.
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R
Alcohol and Drug Testing
contracts with the following entities/individuals for the services outlined herein:
Agencies/persons to:
Standards of Conduct
Workplace and standards for keeping a drug free school contained in the Policy
distribution or being under the influence of illicit drugs and alcohol by all
function.
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-2
Alcohol and Drug Testing
4. While using or under the influence (in any degree) of alcohol or any
controlled substances;
licensed medical practitioner has advised the employee in writing that the
substance does not adversely affect the individual's ability to safely perform
Compliance with the standards of conduct as well as with the alcohol and
controlled substances testing procedures in this policy is mandatory and shall not
violates these standards of conduct or who fails to submit to and/or comply with
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-3
Alcohol and Drug Testing
Failure to comply with testing procedures includes, but is not limited to:
specimen;
the validity of the test results, including but not limited to switching or
responsible for being aware of any potential effects such medications may have
on their ability to safely perform their duties. A covered employee shall not report
the individual's ability to safely perform her/his duties or when the employee uses
practitioner unless the licensed medical practitioner has advised the employee
that the substance does not adversely affect the individual's ability to perform
her/his duties. Upon request of the program supervisor, the covered employee
shall provide a written opinion as to whether the medication will adversely affect
the individual's ability to safely perform her/his duties. This written opinion must
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-4
Alcohol and Drug Testing
appropriate, if required, shall pay the cost of such independent medical opinion
or examination.
of the employee's positive test for controlled substances. This verification shall be
1. Immediately removed from any duty, without pay, which involves the
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-5
Alcohol and Drug Testing
programs;
evaluation;
only if the employee's conduct does not result in discharge and if the
regulations;
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-6
Alcohol and Drug Testing
familiar with the employee's medical history and assigned duties provides
a written opinion that the employee's condition does not adversely affect
regulations;
and treatment), however, does not obligate the Lenawee Intermediate School
services.
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-7
Alcohol and Drug Testing
controlled substances. All alcohol and/or controlled substances testing will follow
The Lenawee Intermediate School District shall provide for or arrange for
the provision of such testing services as are required in this policy. Reasonable
efforts will be made to secure testing in a timely manner; however, the District will
not guarantee that no loss of time, wages, or benefits will occur while timely
testing is sought.
positive, the applicant will not be hired. This testing is not required if it is
determined that:
Testing Act of 1991 and its promulgated regulations within the previous
30 days; and
within the past six months (from the date of application for
program for the previous 12 months (from the date of application for
employment); and
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-8
Alcohol and Drug Testing
months.
employee for a moving traffic violation arising from the accident. The
submit to testing. Both Drug and Alcohol test are required and test must
undergo appropriate testing, with an alcohol test result of less than 0.02 or
function. Any employee who has violated the prohibited drug standards,
use of controlled substances, and who has returned to duty involving the
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-9
Alcohol and Drug Testing
testing (consisting of at least six tests) over the first 12 months following
supervisor shall file a written report stating the reasons the alcohol
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-10
Alcohol and Drug Testing
6. Random testing: Each year, random testing will be used at the rate of at
are made.
Recordkeeping
Employee Testing Act of 1991 and its promulgated regulations, the Lenawee
Intermediate School District or its designee will maintain all records related to the
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-11
Alcohol and Drug Testing
than 0.02 alcohol concentrations must be maintained for at least one (1)
year.
and records indicating an alcohol level of 0.02 or greater must be kept for
five years.
Training
materials that explain the requirements of the alcohol and controlled substances
testing rules, as well as the Board of Education's policy and procedures with
Lenawee Intermediate School District shall maintain the original of the signed
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-12
Alcohol and Drug Testing
4. Specific information about prohibited conduct;
5. The circumstances under which a covered employee will be tested for
alcohol and/or controlled substances;
6. The procedures that will be used to test for the presence of alcohol and
controlled substances, protect the employee and the integrity of the testing
process, safeguard the validity of the test results, and ensure that those
results are attribute to the correct employee;
7. The requirement that a covered employee will submit to alcohol and
controlled substances tests administered according to this policy;
8. An explanation of what constitutes a refusal to submit to an alcohol or
controlled substances test and the attendant consequences;
9. The consequences for covered employees found to have violated the
standards of conduct, including the requirement that the employee be
removed immediately from safety sensitive functions and the procedures
for such removal;
10. The consequences for covered employees found to have an alcohol
concentration of 0.02 or greater but less than 0.04;
11. Information concerning the effects of alcohol and controlled substances
use on an individual's health, work, and personal life; signs and symptoms
of an alcohol or a controlled substances problem; and available methods
of intervening when an alcohol or a controlled substances problem is
suspected, including confrontation, referral to any employee assistance
program and/or referral to supervisory personnel;
12. Information concerning additional Board of Education policies regarding
the use or possession of alcohol or controlled substances, including any
consequences for a covered employee found to have a specified alcohol
or controlled substances level.
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-13
Alcohol and Drug Testing
School District will ensure that education and training programs for supervisors
substances;
Lenawee Intermediate School District nor any person/entity contracting with it for
regarding an employee's test results without the employee's written consent. The
As part of the hiring process, the District shall obtain written consent from
previous employer(s) within the preceding two (2) years. The District shall
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-14
Alcohol and Drug Testing
Controlled Substance: means any illegal drug and any drug that is being used
illegally (e.g., a prescription drug that was not legally obtained or not used for its
or of the entity with whom the District contracts for transportation services who
purposes of this policy, all references to "employee" include individuals who are
Illegal Drug: means any drug or substance, the possession or use of which is
unlawful pursuant to federal, state and local statute, regulation and/or ordinance.
Transportation Employee Testing Act of 1991, as signed into law on October 28,
1991, and its promulgated regulations, and as may be amended from time to
comparable purpose.
function" when doing these tasks, when ready to perform them; or, when
on-duty functions performed from the time a covered employee begins work or is
required to be ready to work until he/she is relieved from work and all
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-15
Alcohol and Drug Testing
loading and unloading; repairing or obtaining and waiting for help with a disabled
other work for the Lenawee Intermediate School District or paid work for any
other entity.
While on Duty: means the time from which the covered employee begins to work
or is required to be in readiness for work until the time the covered employee is
Policy Manual
Section 5000 - Personnel
5358-R Employees Performing Safety-Sensitive Functions and 5358-R-16
Alcohol and Drug Testing
Policy Manual
Section 5000 - Personnel
5370 Communicable Diseases - Students and Staff (Cf. 5370) 5370
A student or staff member with or carrying a communicable and/or chronic
infectious disease has all rights, privileges, and services provided by law and the
district’s policies.1
An individual communicable disease that is considered to be a serious
concern to the school community and/or to the afflicted individual will be
reviewed on a case-by-case basis. The student’s/staff member’s 1) current
status of communicable disease, 2) current health condition, 3) ability to
communicate, 4) ability to perform self care routines, 5) ability to follow
directions/instructions, 6) manage own behavior, and 7) typical educational/work
setting will all be considered as part of the case-by-case review. Some case-by-
case reviews may require consultation with the Lenawee County Health
Department medical staff and/or a formal review panel called a Communicable
Disease Review Panel (CDRP).
A CDRP would not routinely be convened for a student or staff infected
with HIV, HBV or other Bloodborne pathogens unless it is determined by the
Superintendent that additional consultation and/or guidance is needed from the
Lenawee County Health Department and/or the students/staff’s physician.
―Universal Precautions‖ is a method of practicing infection control that
treats all human blood and other potentially infectious materials as capable of
transmitting HIV, HBV and other Bloodborne pathogens. All LISD staff must
utilize work practices using Universal Precautions to control the likelihood of
exposure to Bloodborne pathogens.
1
A student with a contagious disease is probably a “handicapped individual” under Section 504 of the
Rehabilitation Act (29 U.S.C. § 794(a). See Thomas v Atascadero Unified School district, 662 F. Supp.376
(C.D. Cal 1986) (a child with Aids was a “handicapped person” under Section 504.
Students with contagious diseases may also qualify for special education under the Individuals with
Disabilities Education Act (20. U.S.C. § 1400 et seq.)
Decisions to place a student in a class outside regular classes due to infectious disease must be based on
medical evaluations indicating a need to protect the health and safety of others. Community High School
district 155 v Denz, 463 N.E.2nd 998 (2nd Dist. 1984).
Cases involving contagious diseases are highly fact-specific. Generally, the appropriate treatment of a
student depends on the severity of the disease and the risk of infecting others, but in all cases, legal counsel
should be consulted.
Policy Manual
Section 5000 - Personnel
5370 Communicable Diseases - Students and Staff (Cf. 5370) 5370 - 2
In order to minimize the spread of contagious diseases among students
and staff, the district will cooperate with the Lenawee County Health Department
to enforce adherence to the Michigan Public Health Code for the prevention,
control, and containment of communicable diseases.
A decision to close schools due to communicable disease outbreaks shall
be made by the Superintendent after consultation with the Lenawee County
Health Department medical staff.
LEGAL REF: MCL 333.5111; 333.5131; Family Educational Rights and Privacy
Act of 1974, MDE Bulletin, September 23, 1999
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R
D. An LISD Program Supervisor will not permit a student to enter school who is
out of compliance with the required immunization schedule, unless waived
for a student that is homeless or the family completes the State approved
waiver process. School personnel shall cooperate and assist in completing
and coordinating all immunization dates, waivers, and exclusions, including
the necessary Immunization Assessment forms, to provide for preventable
communicable disease control. 12
1
A student with a contagious disease is probably a ―handicapped individual‖ under Section 504 of the Rehabilitation Act (29
U.S.C. § 794(a). See Thomas v Atascadero Unified School district, 662 F. Supp.376 (C.D. Cal 1986) (a child with Aids was a
―handicapped person‖ under Section 504. Students with contagious diseases may also qualify for special education under
the Individuals with Disabilities Education Act (20. U.S.C. § 1400 et seq.) Decisions to place a student in a class outside
regular classes due to infectious disease must be based on medical evaluations indicating a need to protect the health and
nd nd
safety of others. Community High School district 155 v Denz, 463 N.E.2 998 (2 Dist. 1984). Cases involving contagious
diseases are highly fact-specific. Generally, the appropriate treatment of a student depends on the severity of the disease
and the risk of infecting others, but in all cases, legal counsel should be consulted.
12
See Board Policy 8480 and LEGAL REF: MCL 333.9208, 333.9209, 333.9215, et seq.; 380.1177
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-2
1. HBV (Hepatitis)
2. Vancomyacin-resistant Enterococci.
5. HIV
7. Bacterial meningitis
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-3
The district’s CDRP may not routinely be convened for a student or staff
infected with HIV, HBV or other Bloodborne pathogens unless it is
determined by the Superintendent that additional consultation and/or
guidance is needed from the Lenawee County Health Department and/or
the students/staff’s physician.
F. The Superintendent will inform the Board when a CDRP is formed to review
the unique situation involving a person with a communicable disease in the
district. The Board shall be notified initially that the CDRP is meeting and of
the recommendation of the CDRP when a recommendation is made
concerning the person with a communicable disease.
B. CDRP Membership
The CDRP shall have a membership that will be limited to the following
representatives:
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-4
A. The Superintendent within three (3) business days upon his/her notification
of the existence or suspicion of an affected student or staff communicable
disease status shall consult with the LISD school nurse and/or a physician
from the Lenawee County Health Department and then determine if the
district’s CDRP is needed.
If it is determined to use the district’s CDRP, then within two (2) business
days of that decision the Superintendent informs in writing the affected staff
person, parent/guardian of an affected student or an affected student who is
18 years of age or older,1) of that decision and 2) if the affected person may
or may not attend work/school or any school sponsored activity until the
CDRP’s recommendation and Superintendent’s consideration of the
CDRP’s recommendation have been received and determined. A possible
alternative delivery of school programs/services shall be made available to
the affected student during this process.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-5
individual as it relates to the communicability of the disease. The
student’s/staff member’s 1) current status of communicable disease, 2)
current health condition, 3) ability to communicate, 4) ability to perform self
care routines, 5) ability to follow directions/instructions, 6) manage own
behavior, and 7) typical education or work setting will all be considered as
part of the case-by-case review. The CDRP shall consider existing federal,
state, and local guidelines and have the authority to consult any experts, as
they deem necessary.
2. The expected type of interaction with others in the school setting; and
3. The impact on both the affected school staff and others in that setting.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-6
CDRP Case Review Process
B. The Superintendent shall obtain the name of the physician treating the
affected person and shall request that the physician be a part of the CDRP.
The affected staff, student, or parent/guardian may choose to make this
request of the physician to attend the CDRP.
C. The Superintendent shall call, within five (5) business days, a meeting of the
CDRP, at which time the case shall be reviewed. The affected staff person,
parent/guardian of an affected student, or an affected student 18 years of
age or older will have an opportunity to present written reports and verbal
testimony to the CDRP.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-7
five (5) business days, a written request to the LISD Board asking it to hear
their appeal. The LISD Board shall establish a date for such a hearing
within three (3) business days upon receipt of said appeal and the LISD
Board level hearing shall be held no later than 25 business days upon
receipt of said appeal.
Upon the conclusion of the hearing, the LISD Board shall render its decision
within five (5) business days and send copies of their decision to the
affected staff member, the parents/guardian of the affected student or to an
affected student 18 years of age or older.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-8
Communicable Diseases Checklist
All persons involved in these procedures will be required to treat all proceedings,
deliberation, and documents in compliance with the provisions of the Family
Education Rights and Privacy Act (FERPA), the Freedom of Information Act, and
the Employees Right to Know Act.
Confirm suspicion of a communicable disease serious in nature:
HBV (Hepatitis)
AVancomyacin-resistant Enterococci
Escherichia Coli (E. Coli)
Methicillin Resistant Staphloccocus Aerus (MRSA)
HIV
Tuberculosis infection (both latent and active)
Bacterial meningitis
Other like diseases that may be included by the Health Department that may
present potentially serious health problems for those who are exposed to the
disease and/or the disease carrier.
Special Education Student? General Education Student? Staff Person?
Inform Superintendent immediately.
If applicable, Superintendent contacts the Lenawee County Health Department
(Susan Dice, Health Educator - 264-5209), and consults with the county health
department physician (Mike Kight, Health Officer - 264-5205) within 24 hours.
If applicable, Superintendent, at their discretion makes the decision to close schools
due to communicable disease outbreaks.
Superintendent informs in writing affected staff person/student that they may or may
not attend work/school or any school sponsored activity until the Communicable
Disease Review Panel’s (C.D.R.P) or Superintendent’s written recommendations are
received.
Enclosure: Interagency Release of Information form and copy of Policy 8510.
Possible alternative delivery of school programs shall be made to available to the
affected student.
Superintendent informs LISD Board of Education when a Communicable Disease
Review Panel (C.D.R.P.) is formed. Membership is limited to:
The Superintendent’s designee who will serve as chairperson
Physician with expertise in the related disease or physician treating the individual
Physician from the Lenawee County Health Department
School Nurse (if such a staff person is available)
Staff person affected (or his/her representative), or
Parent/guardian (if individual student case), or
Affected student at 18 years of age or older (or his/her representative)
It would be permissible for both parents/guardians to attend or for a person to bring a
representative as long as it is with the understanding that they only have one vote.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-9
Superintendent shall obtain the name of the physician treating the affected person
and shall request the physician be part of the C.D.R.P.
The parent/guardian or affected person shall provide the district with a signed
Release of Information Form so that the C.D.R.P. may review the needed
information.
The Superintendent shall call a meeting within five business days to review the case.
If C.D.R.P. recommendation is unanimous:
Within three business days inform in writing that decision to the affected staff person,
or parent/guardian of an affected student, or an affected student 18 years or older.
Continue school/work with precautions
Exclude from school with conditions needed to reconsider
Recommendations as to the need to review the case on a periodic
basis and the timelines for such review.
Copy of the C.D.R.P.’s decision sent to the LISD Director of Special Education.
IEPT (Individualized Education Program Team) convened by LISD Assistant
Superintendent of Instruction within five business days of receipt of report.
IEPT Team shall consider the recommendation of the C.D.R.P. in determining
programs/services
If parent/guardian of student requests a hearing, a placement of the student in the
interim will be based on the recommendation of the C.D.R.P.
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-10
______________________________ ______________________________
(Agency’s address) (SS# or birth date)
_______________________________ ______________________________
(Client’s address
______________________________
This consent is subject to revocation at any time except to the extent that action
authorized by it has been already taken.
_______________________________ _________________________________
(Date signed) (Client’s Signature)
_________________________________
Parents or Legal Guardian’s signature
(Check one if applicable)
Note: Persons or agencies receiving information released by this form may not further
release it without the informed written consent of the client.
_________________________ ________________________________
(Date) (Request Worker’s signature)
Policy Manual
Section 5000 - Personnel
5370-R Communicable Diseases - Students and Staff 5370-R-11
Sample Letter
(Date)
Dear name),
This letter is to inform you that based on information the Lenawee Intermediate
School District (LISD) received with regards to your health condition, and
accordance with LISD board policy 5370—Communicable Diseases—Students
and Staff (copy enclosed), you and/or your representative are requested to
attend a meeting of the LISD Communicable Disease Review Panel (CDRP) on:
(date)
(time)
(location)
(address)
Please contact Alan Burg at 517-265-1610 if you have any questions or need
additional information.
Sincerely,
Policy Manual
Section 5000 - Personnel
5410 Professional Staff Contracts (Cf. 2400) 5410
Policy Manual
Section 5000 - Personnel
5430 Hiring and Terminating Employment of Staff (Cf. 5020) 5430
Assistant Superintendents. Once the Board through the budget adoption process
has approved staffing levels, the Board delegates to the Superintendent the
authority to recruit, screen, select, offer, and hire for the employment of all staff
members to fill the positions approved in the budget, and to sign employment
on behalf of the Board of Education. The Superintendent shall report each hiring,
any terminations and resignations at the next regularly scheduled meeting of the
Board.
Any non-union staff member desiring to resign from his/her position with
twenty working days prior to the effective date of the resignation. Failure to give
at least twenty working days notice will void any potential benefits that might
Policy Manual
Section 5000 - Personnel
5500 Administrative Staff Tenure 5500
Administrative Tenure
Policy Manual
Section 5000 - Personnel
5520 Evaluation 5520
evaluation.
Policy Manual
Section 5000 - Personnel
5521 Compensation for Non-Union Staff 5521
that a clearly defined compensation policy can provide stability, integrity and
credibility to the compensation practices of the District. The Board also views its
organization as a whole.
exchange between the District and its employees and takes the position that the
climate where the District's mission and expectations of its employees are
compensation program:
organization.
organizations.
Policy Manual
Section 5000 - Personnel
5521 Compensation for Non-Union Staff 5521-2
The compensation program will attempt to protect employees from the risks
and other contingencies of life via provision for disability, retirement, due
process, etc.
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R
In meeting the six (6) standards identified in the Board policy, the following
point-factoring system has been selected which will compare all non-union
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R-2
These positions will be assigned a level called "degree" for each factor,
with each degree having predetermined number of points. The total points for
each factor is the point score for that position. Positions are organized in
established for each classification grouping. Placement within that range will
March 1 of the current school year. Reviews may be requested for any legitimate
reason, but should be based upon a significant change in the job description or
duties for that position. The Director of Staff Resources shall provide information
Staff Resources shall prepare materials relevant for the review of the position’s
Committee will consider the review request at one or more meetings, and may
decision on appeal, the employee may appear before the Board of Education for
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R-3
Position reclassifications usually take effect the first day of the next fiscal
Young Children’s Services will be a position supervising the same programs with
STANDARD #3 - CONTROL
To ensure that the compensation program will operate efficiently within the
budgetary constraints of the district, proposed budgets for all three divisions
the budgets will be reviewed by a Board committee and/or total Board prior to
setting compensation levels for the fiscal year. Compensation adjustments will
not be made that will put the budgets in an unacceptable fund equity projection.
STANDARD #4 - SECURITY
To ensure that employees will be reasonably protected from the risks and
unemployment.
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R-4
health insurance;
allowed;
employee.
to have certain payroll deductions such as tax sheltered annuities, credit union
carrier.
STANDARD #5 - INCENTIVE
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R-5
and will be paid during the fiscal year. The payment of a bonus will be separate
and distinct from the employee's base annual salary and will not be considered in
the calculation of staff benefits and future salary increases, except as required by
law.
STANDARD #6 - ACCEPTABILITY
salaried and hourly staff from across the service areas, and others as
are volunteers and are asked to serve a three-year term on the Committee.
reason during their regularly scheduled work day, so long as such efforts do
compensation by:
1. The first step for appeal shall be a written statement from the non-
Policy Manual
Section 5000 - Personnel
5521-R Compensation for Non-Union Staff 5521-R-6
considered.
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Staff 5540
upon any staff member, with the exception of discipline which only the Board of
Education has the non-delegated authority to impose under Michigan law (i.e.,
Superintendent may proceed with charges filed with the Board to dismiss or
demote any tenured teacher in accordance with the Michigan Teachers Tenure
Act. All discipline imposed upon a staff member shall be consistent with the
administrator who does not have tenure in his/her position, including action for
Superintendent is authorized by the Board to suspend from active duty any staff
against whom formal charges are anticipated being filed or have already been
Employee Convictions
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Staff 5540-2
Tenure Act, the teacher’s salary shall continue during the suspension,
Board shall discontinue the teacher’s salary effective upon the date
of conviction.
An employee who holds a teaching certificate that is valid in this State who
certificate.
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Staff 5540-3
An employee who holds State Board approval that is valid in this State
who has entered a plea of guilt or no contest to, or who is the subject of a
dismissal.
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Staff 5540-4
Teacher Convictions
conviction.13
conviction. 13
13
A listed offense includes any of the following:
1) Accosting or soliciting a child for immoral purposes (MCL 750.145a-c);
2) Sodomy if the victim is an individual less than 18 years of age (MCL 750.158);
3) A third or subsequent violation of any combination of the following:
a. Being engaged in indecent or obscene conduct in a public place (MCL 750.167(1)(f))
b. Indecent exposure (MCL 750.335a)
c. A local ordinance of a municipality substantially corresponding to the above;
4) Except for a juvenile disposition or adjudication, gross indecency between males, females, or
between a male and female, if the victim was under 18 years of age (MCL 750.338-338b);
5) Kidnapping (MCL 750.349);
6) Kidnapping under age 14 (MCL 750.350);
7) Soliciting and accosting (MCL 750.448);
8) Pandering (MCL 750.455);
9) 1st, 2nd, 3rd and 4th degree criminal sexual assault, and second or subsequent offenses (MCL 520b-
e);
10) Assault with intent to commit criminal sexual assault (MCL 750.520g);
11) Sexually delinquent persons (MCL 750.10a);
12) The attempt or conspiracy to commit any of the above offenses;
13) Any other violation of a law of this state or a local ordinance of a municipality that by its nature
constitutes a sexual offense against an individual who is less than 18 years of age; and (Continued
next page)
14) Any offense substantially similar to the above offenses under a law of the United States, any state,
or any country or under tribal or military law.
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Professional Staff 5540-5
teacher’s salary.14
14
MCL 380.1535a(2) includes the following offenses:
a) Criminal sexual conduct in any degree, assault with the intent to commit criminal sexual conduct,
or an attempt to commit criminal sexual conduct in any degree;
b) Felonious assault on a child14, child abuse in the first degree, or an attempt to commit child abuse
in the first degree;
c) Cruelty, torture, or indecent exposure involving a child;
d) A violation of section 7401(2)(a)(i), 7403(2)(a)(i), 7410, or 7416 of the Public Health Code
(concerning unlawful manufacture, delivery, or possession of controlled substances or controlled
substance analogues; distribution of marijuana to minors near school property; and recruiting or
inducing a minor to commit a felony);
e) A violation of section 83, 89, 91, 145a-c, 316-17, 350, 448, 455, or 529 of the Michigan Penal
Code (concerning assault with intent to commit murder or to steal while armed; attempt to murder;
consumption or possession of alcohol by minors, or controlled substances at social gatherings;
first and second degree murder; armed robbery; and using the Internet when committing a crime
against a minor);
f) A violation of section 158 of the Michigan Penal Code if the victim was an individual less than 18
years of age (concerning crimes against nature or sodomy);
g) Except for a juvenile disposition or adjudication, a violation of section 338, 338a, or 338b of the
Michigan Penal Code if the victim was an individual less than 18 years of age (concerning gross
indecency between males, females, and between males and females);
h) A violation of section 349 of the Michigan Penal Code if the victim was an individual less than 18
years of age (concerning kidnapping);
i) An offense committed by a person who was, at the time of the offense, a sexually delinquent
person – any person whose sexual behavior is characterized by repetitive or compulsive acts which
indicate a disregard of consequences or the recognized rights of others, or by the use of force upon
another person in attempting sex relations of either a heterosexual or homosexual nature, or by the
commission of sexual aggressions against children under the age of 16;
j) An attempt or conspiracy to commit an offense listed in (a) or (e-i);
k) A violation of a substantially similar law of another state, of a political subdivision of this state or
another state, or of the United States; Any crime listed in 1535(1), if the superintendent of public
instruction determines the public health, safety or welfare requires emergency action based on the
circumstances underlying the conviction.
Policy Manual
Section 5000 - Personnel
5540 Suspension and/or Dismissal of Professional Staff 5540-6
dismissal.
Policy Manual
Section 5000 - Personnel
5640 Non-School Employment/Outside Activities of Staff 5640
Non-School Employment
interests, activities and associations may conflict with the interests of the District.
A. Staff members should not give school time to an outside activity without
B. Staff members shall not use school property or work time to solicit or
permission.
D. Staff members may not accept fees for tutoring when such tutoring is
E. Staff members may not accept fees for remedial tutoring of students
District, the Board reserves the right to evaluate the impact of such activity upon
Policy Manual
Section 5000 - Personnel
5645 Consulting 5645
who as a part of their assigned duties regularly consult with public and private
special permission.
Policy Manual
Section 5000 - Personnel
5695 Ethics 5695
integrity, high ideals, and human understanding. To maintain and promote these
essentials, all staff members of the District are expected to maintain high
impassioned dream.
F. Ensure that their actions or those of another on their behalf are not made
District employee shall not accept from a person who does business or
seeks to do business of any kind with the intermediate school District any
This subsection does not apply to a gift or reward already prohibited under
section 1805.16
16
See also, Board Member could be included in “school officer” term below:
380.1805 Acting as agent; receiving gift or reward; penalty.
Sec. 1805.
(1) A superintendent of public instruction, intermediate superintendent, school officer, superintendent,
principal, or teacher of schools shall not act as agent for an author, publisher, or seller of schoolbooks or
school apparatus, or receive a gift or reward for his or her influence in recommending the purchase or use
of a schoolbook, apparatus, or furniture in this state.
(2) A person who violates this section is guilty of a misdemeanor punishable by a fine of not more than
$500.00 or imprisonment for not more than 3 months, or both.
History: 1976, Act 451, Imd. Eff. Jan. 13, 1977
Policy Manual
Section 5000 - Personnel
5710 Compensation Guides and Contracts 5710
No public funds will be spent by the Board in the form of wages or salary
Policy Manual
Section 5000 - Personnel
5725 Qualifications and Duties 5725
Policy Manual
Section 5000 - Personnel
5780 Staff Probation17 5780
employment.
of the employee prior to the end of said periods. If a person other than the
member.
Probationary status does not affect the Boards rights concerning at-will
employment status.
17
“Non-union staff” includes hourly, salaried, and administrative personnel not included in the recognition
clauses of any collectively bargained employment contract.
Policy Manual
Section 5000 - Personnel
5800 Non-Union Staff Evaluation18 5800
and administrative staff shall be evaluated on an annual, formal basis during their
probationary period.
least annually. Salaried staff shall be evaluated at least once every two years.
Administrative staff shall be evaluated at least once every three years.
18
“Non-union staff” includes hourly, salaried, and administrative personnel not included in the recognition
clauses of any collectively bargained employment contract.
Policy Manual
Section 5000 - Personnel
5800-R Evaluation of Non-Union Staff 5800-R
evaluation.
Policy Manual
Section 5000 - Personnel
5830 At-Will Employees 5830
19
Does not include persons employed under administrative contracts contemplated under the Revised
School Code at Section 380.1229 and its successors.
Policy Manual
Section 5000 - Personnel
5860 Reduction of Non-Union Staff20 5860
20
“Non-union staff” includes hourly, salaried, and administrative personnel not included in the recognition
clauses of any collectively bargained employment contract.
Policy Manual
Section 5000 - Personnel
5860-R Reduction of Non-Union Staff 5860-R
2. Taking into account the work record and other factors regarding the
for which he/she is qualified within the District. The Board of Education
feasible, but no later than two weeks prior to the established date of layoff.
4. If a vacancy (as determined by the Board) occurs for a position for which
(as determined by the Board) occurs. Staff on layoff status will be notified
of all vacant non-union positions for which they are qualified for a period of
21
“Non-union staff” includes hourly, salaried, and administrative personnel not included in the recognition
clauses of any collectively bargained employment contract.
Policy Manual
Section 5000 - Personnel
5930 Jury Duty and Witness Absence 5930
Jury duty leaves of absence shall be provided for employees. Time off of
Policy Manual
Section 5000 - Personnel
5930-R Jury Duty and Witness Absences 5930-R
School District at a legal proceeding, including but not limited to a court hearing,
committee hearing, it will be without pay unless the staff member chooses to
Unless otherwise excluded from being paid while testifying against the
district, the employee shall be paid the difference between the amount received
for jury duty or a subpoenaed witness, and his/her full salary. This may be
accomplished by the employee endorsing his/her jury duty pay or the amount
his/her regular salary or the period of time spent in court. If mileage is paid to a
subpoenaed witness for travel expenses, an employee shall turn over any
additional monies paid above the Lenawee ISD's current mileage rate.
Policy Manual
Section 5000 - Personnel
5935 Military Leave 5935
Rights Act (USERRA), the Superintendent shall grant military leave to employees
for voluntary or involuntary service in the uniformed services of the United States,
upon receipt of the required notice. Benefits shall be maintained for these
service member who returns to the District for work following a period of active
military duty must be reinstated to the same or similar position and at the same
22
For further guidance under USERRA, please see the Department of Defense’s USERRA regulations at
http://www.dol.gov/vets.
Policy Manual
Section 5000 - Personnel
5935-R Military Leave 5935-R
submitted at least one full month in advance of the date military service is to
begin.
If at all possible, persons returning from military leave are asked to give
notice of intent to return to the Superintendent, in writing, at least one full month
in advance of the return date.
Policy Manual