EMPLOYEE HANDBOOK
FEBRUARY 2012
Employee Handbook
Table of Contents
I. POLICIES
ABOLISHING A POSITION………………………………………………………………………………………
1
ACCEPTABLE USE OF ROSE TREE MEDIA NETWORK RESOURCES…………………………………....
1
ACCEPTABLE USE OF DISTRICT INFORMATION TECHNOLOGY POLICY………………………………. 4
CREATING A POSITION………………………………………………………………………………………....
6
DISCIPLINARY PROCEDURES………………………………………………………………………………….
6
DISQUALIFICATION BY REASON OF HEALTH……………………………………………………………...
7
DRESS AND GROOMING ……………………………………………………………………………………….
7
DRUG AND SUBSTANCE ABUSE………………………………………………………………………………
8
FREEDOM OF SPEECH IN NON-SCHOOL SETTINGS………………………………………………….…….
9
GIFTS……………………………………………………………………………………………………………… 10
HARASSMENT POLICY……………………………………………………………………………………….… 10
HIRING OF COACHES…………………………………………………………………………………………… 15
HIV INFECTION………………………………………………………………………………………………….. 15
JOB RELATED EXPENSES…………………………………………………………………………………….… 17
JURY DUTY……………………………………………………………………………………………………….. 17
FAMILY MEDICAL LEAVE……………………………………………………………………………………… 18
MEDIA RELATIONS POLICY……………………………………………………………………........................ 27
NONDESCRIMINATING IN SCHOOL AND CLASSROOM PRACTICES…………………………………..… 29
NONDISCRIMINATING IN EMPLOYMENT/CONTRACT PRACTICES……………………………………… 29
NOTIFICATION OF ARREST OR VEHICLE DRIVING VIOLATION…………………………………………. 30
OUTSIDE ACTIVITIES………………………………………………………………………………………….… 30
PENALTIES FOR TARDINESS…………………………………………………………………………………... 31
PERSONAL LEAVE/BEREAVEMENT LEAVE……………………………………………………………….… 31
PERSONNEL FILES……………………………………………………………………………………………..… 31
PHYSICAL EXAMINATION …………………………………………………………………………………....... 32
POLITICAL ACTIVITIES……………………………………………………………………………………….… 32
RESPONSIBILITY OF STAFF FOR STUDENT WELFARE……………………………………………………. 33
RIGHT TO KNOW ..................................................................................................................................................... 34
SMOKING………………………………………………………………………………………………………….. 38
TRANSPORTATION PERSONNEL – DRUG AND ALCOHOL TESTING……………………………………... 38
UNCOMPENSATED LEAVE…………………………………………………………………………………….... 38
II. PROCEDURES AND NOTIFICATIONS
PENNSYLVANIA’S CODE OF PROFESSIONAL PRATICE AND CONDUCT FOR EDUCATION…………. 40
CERTIFICATION………………………………………………………………………………………………….. 42
HIPPA NOTIFICATION…………………………………………………………………………………………… 43
PROCEDURE FOR REPORTING SUSPECTED CHILD ABUSE………………………..……………………... 47
PROCEDURE FOR REPORTING SUSPECTED STUDENT ABUSE……………………………….................... 49
TAX SHELTERED ANNUITIES………………………………………………………………………………….. 51
TITLE IX NON DISCRIMINATORY NOTICE…………………………………………………………………... 58
TUITION REIMBURSEMENT PROCEDURES………………………………………………………………….. 58
PROFESSIONAL STAFF PAY SCHEDULE……………………………………………………………………... 59
WORK RELATED INJURIES……………………………………………………………………………………... 60
PENNSYLVANIA WORKERS’ COMPENSATION ACT……………………………………………………….. 60
HEALTH PROVIDER PANEL WORKERS’ COMPENSATION………………………………………………... 61
WHEN YOU TERMINATE EMPLOYMENT CONTINUATION COVERAGE PROVISIONS COBRA…….… 63
FLEXIBLE SPENDING ACCOUNTS……………………………………………………………………………... 65
ACT 32 ........................................................................................................................................................................ 65
ACT 24 ........................................................................................................................................................................ 67
ELECTRONIC W-2’s ................................................................................................................................................. 71
VERIFICATION OF RECIEPT OF HANDBOOK………………………………………………………………… 72
Employee Handbook
I. Policies
Employee Handbook
ABOLISHING A POSITION
Policy #1010
It is the responsibility of the Board to provide the staff necessary for the implementation of the education program for the
children of the district and for the proper operation of the schools and to do so efficiently and economically.
The Board recognizes its responsibility to maintain staff positions consistent with the need of the district.
In the exercise of its authority to reduce staff or abolish positions, the Board shall give primary consideration to the effect
upon the educational program and shall ascertain that elimination of a program is approved by the Department of Education.
The Superintendent shall recommend to the Board annually the number of positions needed for the district to function
efficiently. The Superintendent should also be responsible for recommending the abolishment of unnecessary positions.
Reduction in staff as a result of the abolishment of positions shall be in accordance with law and the procedures set forth in
Board policy.
ACCEPTABLE USE OF ROSE TREE MEDIA NETWORK RESOURCES
Policy #815
Purpose
The School Board of School Directors supports the use of the Internet and other computer networks in the School District’s
instructional program in order to facilitate teaching and learning through interpersonal communications, access to
information, research and collaboration.
The use of the School District’s network facilities and the Internet shall be consistent with and used to support the School
District’s curriculum adopted by the School District as well as the varied instructional needs, learning styles, ability and
developmental levels of students and support services. In addition, use of these facilities shall be to support communications
and research for teachers, administrators, and support staff.
Authority
The electronic information available to students and staff from various sources does not imply endorsement of the content by
the School District, nor does the district guarantee the accuracy of information received on the Internet. The District shall not
be responsible for any information that may be lost, damaged or unavailable when using the network or for any information
that is retrieved via the Internet.
The School District shall not be responsible for any unauthorized charges or fees resulting from access to the Internet.
The District reserves the right to monitor and log network use and to monitor fileserver space utilization by district users,
while respecting the privacy rights of both district users and outside users; however, all data stored or transmitted on Rose
Tree Media Network can and may be reviewed, if necessary.
The Rose Tree Media School Board establishes that use of the Internet and the network facilities is a privilege, not a right;
therefore, inappropriate, unauthorized and/or illegal use will result in a cancellation of those privileges. Appropriate
disciplinary action may be taken in accordance with established disciplinary policies and procedures.
Responsibility
The district shall make every effort to ensure that this educational resource is used responsibly by students and staff. The
district reserves the right to utilize electronic devices and other media to determine that users are in compliance with this
policy.
Administrators, teachers, and staff have a professional responsibility to work together to help students develop the
information literacy skills necessary to discriminate among information sources, to identify information appropriate to their
age and developmental levels, and to evaluate and use the information to meet their educational goals. Administrators,
teaches, librarians and other staff will collaborate to ensure that students develop the information literacy skills necessary to
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identify when they need information, and to locate, evaluate and effectively use the information to answer questions, solve
problems and make decisions.
Students and staff have the responsibility to learn the rules and guidelines for the use of computers, computer facilities,
computer networks, and computer resources and to abide by them.
The building and/or department administrator or the district Superintendent, with the Technology Department, shall have the
authority to determine what constitutes inappropriate use.
Students and a parent or guardian will sign a form acknowledging receipt of the Acceptable use Policy (AUP). This Policy
will be disseminated to all students via the website, the handbook and staff.
Students will receive Internet safety instruction; including all rules and guidelines for the use of computers, computer
facilities, computer networks, and computer resources.
Employees will be responsible for safeguarding passwords and held accountable for the unauthorized or negligent disclosure
of this information
Definitions
(CIPA) Key terms are as defined in the Children’s Internet Protection Act.
Technology: Electronic devices of communication of any kind; including, but not limited to: desktop computers, laptops,
PDA’s, cell phones, MP3 players, email, instant messaging, blogs.
RTM Network: Any wired or wireless access to resources provided by and through RTM.
Personally Identifiable Information: May include, but is not limited to, Social Security Number, address, phone number
and/or password.
(CIPA) Filters: The term “technology protection measure” means a specific technology that blocks or filters Internet access
to visual depictions that are: 1. Obscene, as that term is defined in section 1460 of title 18, United States Code; 2. Child
Pornography, as that term is defined in section 2256 of title 18, United States Code; or 3. Harmful to minors.
Harmful to minors and inappropriate material: both mean any text, audio file, picture, image, graphic image file, or other
visual depiction that:
1.
Taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion.
2.
Taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
Hacking refers to the act of gaining unauthorized entry or attempting to gain unauthorized entry into a computer system for
the purpose of:
1.
Determining the data structure and security restrictions of the computer system.
2.
Making unauthorized changes in the data structure and security restrictions of the computer system.
3.
To make unauthorized use of services provided by the computer system to share information regarding all of the
above with other authorized users.
Guidelines
Network accounts will be used only the authorized owner of the account for its authorized purpose. All communications and
information accessible via the network should be assumed to be personal property and shall not be disclosed. Network users
shall respect the rights of other users on the system.
A.
Prohibitions
Students and staff are expected to act in a responsible, ethical and legal manner in accordance with district policy, accepted
rules of network etiquette, and federal and state law. Specifically, the following uses are prohibited and constitute
inappropriate use:
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
B.
Use of the network to facilitate illegal activity.
Use of the network for commercial or for-profit purposes
Use of the network for non-work or non-school related work.
Use of the network for product advertisement or political lobbying.
Use of the network for hate mail, discriminatory remarks, and offensive or inflammatory communication.
Unauthorized or illegal installation, distribution, reproduction, or use of copyrighted materials.
Use of the network to access obscene or pornographic material.
Use of inappropriate language or profanity on the network.
Use of the network to transmit material likely to be offensive or objectionable to recipients.
Use of the network to intentionally obtain or modify files, passwords, and data belonging to other users.
Impersonation of another user, or anonymity, or use of pseudonyms.
Use of network facilities for fraudulent copying, communications, or modification of materials in violation of
copyright laws.
Loading or use of unauthorized games, programs, files, or other electronic media.
Use of the network to disrupt the work of other users.
Destruction, modification, or use of network hardware, and data by physical or electronic means (viruses,
worms, etc.).
Quoting personal communications in a public forum without the original author’s prior consent.
Circumventing or disabling the filter or any security measure.
Disclosing, using or disseminating any personal identifiable information of themselves or other staff or students.
Engaging in the practice of “hacking” in order to bypass computer and network security for any purpose
whatsoever.
Security
System security is protected through the use of “passwords.” Failure to adequately protect or update passwords could
result in unauthorized access to personal or district files. To protect the integrity of the system, the following policies
shall be followed:
1.
Employees and students shall not reveal their passwords to another individual
2.
Users are not to use a computer that has been logged in under another student’s or teacher’s name.
3.
Any user identified as a security risk or having a history of problems with other computer systems may be
denied access to the network.
C.
Safety
To the greatest extent possible, users of the network will be protected from harassment or unwanted or unsolicited
communication. Any network user who receives threatening or unwelcome communications shall immediately bring
them to the attention of a teacher or administrator.
Network users shall not reveal personal addresses or telephone numbers to other users on the network.
The district will take appropriate measures through the use of hardware and/or software tools in an effort to prevent any
user from being exposed to graphic, text, and any other form of obscene, child pornography, or other material that is
harmful to minors. This includes using one or more Internet content filtering agents that will remove and/or block
inappropriate Internet content related to, but not limited to, any of the following topics.









“Adults only” sites
Alcohol
Drugs
Sexual content
Nudity
Violence
Weapons
Tobacco
Gambling








Games (non-educational)
Hate or discrimination
Illegal Activities
Computer “hacking”
Pornography
Unethical use of information
Sites that require personal identifiable information from students
These Internet content filtering agents may not be deactivated or
circumvented by any RTM computer user for any purpose. Notwithstanding
filter implementations, the user retains full responsibility for his/her actions.
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D.
Consequences for Inappropriate Use
The network user shall be responsible for damages to the equipment, systems, and software resulting from deliberate or
willful acts.
Illegal use of the network; intentional deletion or damage to files of data belonging to others; copyright violations or
theft of services will be reported to the appropriate legal authorities for possible prosecution.
General rules for behavior and communications apply when using the Internet, in addition to the stipulations of this
policy. Loss of access and other disciplinary actions shall be consequences for inappropriate use.
Vandalism will result in cancellation of access privileges. Vandalism is defined as any malicious attempt to harm or
destroy data of another user, Internet or other networks. This includes, but is not limited to, the uploading or creation of
computer viruses.
E.
Copyright
The illegal use of copyrighted software by School District employees and students is prohibited. Any data uploaded to
or downloaded from the School District’s network facilities shall be subject to “fair use” guidelines.
F.
Disclaimer
The school District makes no warranties of any kind, whether express or implied, for the service it is providing. The
School District is not responsible, and will not be responsible for any damages, including loss of data resulting from
delays, non-deliveries, missed deliveries, or service interruption. Use of any information obtained through the use of the
School District’s computers is at the user’s risk. The School District disclaims responsibility for the accuracy or quality
of information obtained through the Internet or email.
ACCEPTABLE USE OF DISTRICT INFORMATION TECHNOLOGY POLICY
Policy #815.1
The Board of School Directors supports the use and monitoring of the school district’s information technology which
includes the Student Management System, Financial Management System and Special Education Management System. This
policy is applicable to all district management system users and prescribes how data will be maintained in compliance with
applicable federal and state laws. The primary use of the Rose Tree Media Information Management Systems shall be in
support of education and consistent with the purposes of the school district.
All school district information management systems shall be retained in accordance with federal, state, and local law and
regulations, as well as, school district policies. The school district reserves the right to monitor and log information
management systems’ use and to monitor access by school district staff. Use of Information Management Systems is a
privilege, not a right; inappropriate, unauthorized, and illegal use will result in the cancellation of those privileges.
Access – viewing, editing, printing, downloading, copying, or retrieving data from a computer, computer system, computer
network.
Information Management Systems – includes the Student Management System, Financial Management System and Special
Education Management System.
School District Staff – users who are granted access to Information Management Systems in Rose Tree Media School
District for purposes defined above.
Systems Administrator - the management systems administrator who provides technology support services to staff in
Pentamation FMS and SMS within the schools and throughout the district as required.
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Use Guidelines and Requirements
The Information Management Systems will be used to support the school district’s managerial, financial, and educational
needs as they pertain to district students, teachers, and administrators. Access by school district staff shall be utilized in a
manner free from discrimination, harassment, prejudice, and racism.
Security
Information Management System user accounts will be provided for approved personnel only.
Information Management System accounts are to be used only by the authorized owner of the account for the authorized
purpose.
System security is protected through the use of passwords. School district staff will be responsible for safeguarding
passwords and held accountable for the unauthorized or negligent disclosure of this information.
Upon termination of employment in the Rose Tree Media School District, all access rights to any Information Management
Systems are immediately terminated.
All data accessible via the Rose Tree Media Information Management Systems shall be district property and shall not be
disclosed except for school district purposes consistent with the objectives of this policy.
Safety
Diligent efforts must be made to delete all unused reports or obsolete files created from the Rose Tree Media Information
Management Systems.
The school district may terminate the availability of any or all of the Rose Tree Media Information Management Systems at
any time.
Prohibitions
The Rose Tree Media Information Management Systems shall not be used in violation of any federal, state, or local statute or
regulation or school district policy or to engage in, promote or assist activities or conduct prohibited by law or school district
policy.
Users shall not intentionally seek information, obtain copies, or modify files without proper authorization from the Systems
Administrator.
Users shall not intentionally seek passwords belonging to other users, or misrepresent other users on the Rose Tree Media
Information Management Systems.
No use of one (1) Rose Tree Media Information Management System shall serve to disrupt the use of another Rose Tree
Media Management System.
Data shall not be destroyed or abused in any way.
Monitoring Notification
All management systems and all communications and stored information transmitted, received, or contained in the school
district’s Information Management Systems are the school district’s property and are to be used primarily for job-related
purposes. To ensure proper use of the management systems, the school district may monitor the use of these systems. Such
monitoring may include, but not be limited to, entering a staff member’s data files whenever there is a school district business
need to do so.
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Violations, Limitation of Liability and Acknowledgement
Staff that violate this policy are subject to discipline up to and including termination from employment.
In no event shall the school district be liable to any staff member for any damages, whether direct, indirect, special, or
consequential, arising out of the use or the accuracy or correctness of data bases or information contained therein or related,
directly or indirectly, to any failure or delay of the school district in providing access to the Information Management
Systems.
CREATING A POSITION
Policy #1001
Positions will be established by the Board in order to provide effective operation of the District.
The need for creating positions shall be determined by the Board. Recommendations for continuing, new, or additional
positions will include:
Position description clearly descriptive of the duties for which the positions were created.
A title that conforms with the appropriate certificate if such certification is required.
Supporting data and other rationale incidental to the recommendation for such a position.
The initial salary or salary range for new positions shall be determined by the Board at the time of creating such positions,
based upon the recommendation of the Superintendent or designee and supporting documentation. Where a new position
falls within a bargaining unit, salaries will be negotiated in accordance with the plan.
In the exercise of its authority to create new positions, the Board shall give primary consideration to:
The most effective management of the affairs of the district.
The number of students enrolled.
The special needs of students.
The operational needs of the district.
The financial resources of the district.
The Board expects that the Superintendent shall normally be responsible for recommending new or additional positions. The
Board reserves for itself the final determination as to the number and kind of positions deemed necessary for the effective
management of the district.
The Board instructs the Superintendent to maintain a comprehensive and up-to-date set of job descriptions for all positions in
the school system. Job descriptions shall be ADA specific.
DISCIPLINARY PROCEDURES
Policy #1017
Effective operation of the district’s programs requires the cooperation of all district employees in working together under a
system of policies and rules applied fairly and uniformly to all employees. The orderly conduct of the district’s business
requires uniform compliance with these policies and rules, and uniform penalties and disciplinary procedures for violations.
There shall be established procedures whereby employees shall be informed as to the disciplinary actions that are considered
appropriate, and that are to be applied, for violation of district policies and regulations.
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In the event it is necessary to demote or dismiss, a hearing shall be provided as required by statute.
When charges are filed against an employee pursuant to the School Code, the Board after hearing the case in accordance with
the procedures established in the School Code, may vote to discharge any such employee or authorize a lesser punishment
short of discharge such as a suspension without pay or lesser degrees of punishment.
The vote to discharge shall be by a two-thirds vote of all members of the Board. A vote to provide a degree of punishment
less than a discharge shall be by a majority of a quorum present at a meeting at which such vote is to be taken.
DISQUALIFICATION BY REASON OF HEALTH
Policy #1015
Consistent with law with respect to equal opportunity and nondiscrimination, it is the policy of the Board to ensure that the
programs of the district are supported by classified employees who are physically and mentally fit to perform the duties
assigned to them.
A classified employee may be placed on sick leave or retired for physical or mental disability to perform assigned duties.
When a classified employee, in the opinion of the Superintendent, is unfit to work in this district by reason of physical or
mental condition the following procedure shall be followed:
The Superintendent shall present to the Board reasons for questioning the condition of the employee.
Should the Board determine that the reasons giving constitute sufficient cause to order the employee to be examined,
said employee shall be given written notice of the need for such examination and an opportunity to appear before the
Board, a committee of the Board, or a hearing officer designated by the Board.
The hearing will be privately held.
Employees may present witnesses on their behalf.
Employees may be represented by counsel or an individual of their own choice.
Witnesses need not present testimony under oath and will not be subject to cross-examination, but may be
questioned by the person presiding.
Witnesses will be called individually and excused after making their statement.
Should the Board, following a hearing, order an examination, said examination may be conducted by a
physician selected by the employee from a list provided by the Board.
The examination shall be conducted within ten (10) days following the hearing.
If as a result of such examination, the employee is found to be unfit to perform assigned duties, the
employee shall be placed on mandatory sick leave for such period as may be indicated and with such
compensation to which s/he is entitled until proof of recovery, satisfactory to the Board, is furnished.
Should an employee refuse to submit to examination following the exhaustion of proper appeals, the Board
shall consider such refusal as cause for dismissal.
DRESS AND GROOMING
Policy #1025
Employees set an example in dress and grooming for students to follow. Employees should present an image of dignity and
encourage respect for authority.
The Board has the authority to specify reasonable dress and grooming guidelines for all employees.
Employees should be physically clean, neat, well groomed, and should be dressed in a manner reflecting his/her assignment.
If an employee feels that an exception to this policy would enable him/her to carry out assigned duties more effectively, a
request should be made to the Superintendent.
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DRUG AND SUBSTANCE ABUSE
Policy #1051
The Board recognizes that the misuse of drugs is a serious problem with legal, physical and social implications for the whole
school community. As such, the Board is very much concerned about the problem that may be caused by drug use by
employees, especially as the use relates to the safety, efficiency and productivity of the employees.
The primary purpose and justification for any action on the part of the school staff would be the protection of the health,
safety and welfare of students, staff and school property.
The district prohibits the possession, use and/or distribution of any illicit drugs or alcoholic beverages on district premises or
as part of any of the district’s activities.
For the purposes of this policy, drugs shall be defined as those outlined in the Controlled Substance, Drug, Device and
Cosmetic Act.
Conviction shall be defined as finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by
any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statute. Any
employee convicted of delivery of a controlled substance or convicted of possession of a controlled substance with the intent
to deliver shall be terminated from his/her employment with the district.
Criminal drug statute shall be defined as a federal or nonfederal criminal statute involving the manufacture, distribution,
dispensing, use or possession of any controlled substance.
A statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the employee’s workplace shall be provided and shall specify the actions that will be taken against
the employee for violation of this policy up to and including termination and referral for prosecution.
The Board requires that each employee be given notification that, as a condition of employment, the employee will abide by
the terms of this policy and notify the district of any criminal drug statute conviction for a violation occurring in the
workplace no later than five (5) days after such conviction.
The district shall be responsible for taking one of the following actions within thirty (30) days of receiving notice, with
respect to any convicted employee.
In establishing a drug-free awareness program, the Superintendent or his/her designee shall inform employees about:
1. The dangers of drug abuse in the workplace.
2. The district’s policy of maintaining a drug-free workplace.
3. The availability of drug counseling, drug rehabilitation, and employee assistance programs available.
4. The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace.
The district shall make a good faith effort to continue to maintain a drug-free workplace through the implementation of this
policy.
The process consists of five (5) phases as follows:
1.
Self-Referral
An employee may use the process when s/he identifies the need for assistance because of substance abuse.
2.
Identification
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When an employee’s supervisor suspects that the employee is having a problem with substance abuse as evidenced
by poor or diminished work performance, the supervisor shall counsel the employee to seek professional evaluation
and treatment.
3.
Referral
An employee who wishes to have information on services for substance abuse evaluation and/or treatment may
contact the Director of Human Resources. In the alternative, if the employee’s supervisor determines that the
employee may be suffering from substance abuse as a result of poor or diminished work performance, the supervisor
may refer the employee to the Human Resource Administrator to obtain information for substance abuse evaluation
and/or treatment.
4.
Diagnosis and Referral
Upon request by the employee, the Human Resource Administrator will refer the employee to the appropriate
evaluation and/or treatment service.
5.
Counseling and Treatment
An employee may voluntarily submit to counseling and/or treatment for substance abuse at a facility selected by the
employee.
All employees entering an assistance program will be required to sign a letter of agreement with the district which specifies
the terms of the employee’s status with the district regarding his/her participation in the rehabilitation program and the
employee’s obligations subsequent to the completion of the program.
It will be the responsibility of the employee to comply with the referrals for diagnosis of his/her problem and to cooperate
and follow the recommendation of the diagnostician or counseling agent.
Any employee who successfully completes a rehabilitation program and has maintained a good record may request that all
records pertaining to his/her participation in the assistance program be removed from his/her file. Such a request can be
made no sooner than three (3) years from the date of the employee’s completion of the rehabilitation program. The request
must be made in writing to the Director of Human Resources.
Failure to satisfactorily complete a voluntary substance abuse program, or conduct requiring the employee to enter a
rehabilitation program for a third time, will result in the district moving for dismissal in accordance with the Public School
Code of 1949, as amended.
FREEDOM OF SPEECH IN NON-SCHOOL SETTINGS
Policy #1020
The Board acknowledges the right of its employees as citizens in a democratic society to speak out on issues of public
concern. When those issues are related to the school system and its programs, however, the employee’s freedom of
expression must be balanced against the interests of this district.
The following guidelines are adopted by the Board to help clarify and therefore avoid situations in which an employee
expression could conflict with the district’s interests. In situations in which an employee is not engaged in the performance
of professional duties, s/he should:
State clearly that his/her expression represents personal views and not necessarily those of the school district.
Not direct his/her expression toward any individual(s) with whom s/he would normally be in contact in the
performance of duties, in order to avoid the disruption of cooperative staff relationships.
Refrain from expressions that would interfere with the maintenance of student discipline.
Refrain from making public expressions which s/he knows to be false or made without regard for truth or accuracy.
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Not make threats against co-workers, supervisors or district officials.
Violations of these guidelines may result in disciplinary action up to and including dismissal.
GIFTS
Policy #1022
The Board considers the acceptance of gifts by staff members an undesirable practice.
It is the policy of the Board that employees may accept gifts of a consumable nature or a nominal value only from students or
parents.
The Board shall consider as always welcome, and in most circumstances more appropriate, the writing of letters to staff
members expressing gratitude or appreciation.
The Superintendent may approve acts of generosity to individual staff members in unusual situations and shall report such
instances to the Board on a timely basis.
HARASSMENT POLICY
Policy #1048
The Board strives to provide a safe, positive working climate for its employees. Therefore, it shall be the policy of the
district to maintain an employment environment in which harassment in any form is not tolerated.
The Board prohibits all forms of harassment of employees and third parties by all district students and staff members,
contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages employees and third
parties who have been harassed to promptly report such incidents to the designated employees.
The Board directs that complaints of harassment shall be investigated promptly, and corrective action shall be taken when
allegations are verified. Confidentiality of all parties shall be maintained, consistent with the district’s legal and investigative
obligations.
No reprisals or retaliation shall occur as a result of good faith charges of harassment.
For purposes of this policy, harassment, sexual racial, ethnic, religious, or otherwise, shall consist of verbal, written,
graphic or physical conduct when such conduct:
1.
Is a repeated pattern of unprovoked aggressive behaviors of a physical and/or psychological nature carried out
by an individual or group against an individual or a group with the effect of causing harm or hurt. Harassing
behaviors are all those behaviors that are unwelcome, unwanted and uncomfortable in the view of the
recipient.
2.
Is sufficiently severe, persistent, or pervasive that it affects an individual’s ability to perform job functions or
creates an intimidating, threatening, or abusive work environment.
3.
Has the purpose or effect of substantially or unreasonably interfering with an individual’s work performance
or
4.
Otherwise adversely affects an individual’s employment opportunities.
For the purposes of this policy, sexual harassment shall consist of unwelcome sexual advances, requests for sexual favors;
and other inappropriate verbal, written, graphic, or physical conduct of a sexual nature when:
1.
Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s continued
employment.
2.
Submission to or rejection of such conduct is the basis for employment decisions affecting the individual.
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3.
Such conduct is sufficiently severe, persistent, or pervasive that it has the purpose or effect of substantially
interfering with the employee’s job performance or creating an intimidating, hostile, or offensive work
environment.
Examples of conduct that may constitute sexual harassment include, but are not limited to, sexual flirtations, advances,
touching or propositions, verbal abuse of a sexual nature, graphic or suggestive comments about an individual, jokes, pinups, calendars, objects, graffiti, vulgar statements, abusive language, innuendoes, references to sexual activities, overt
sexual conduct, or any conduct that has the effect of unreasonably interfering with an employee’s ability to work or
creates an intimidating, hostile, or offensive working environment.
Racial, ethnic, or religious harassment/intimidation means any alleged or confirmed act directed against or occurring to a
person, private property, or public property on the basis of race, ethnicity, or religious affiliation. An incident need not
involve an act that constitutes a criminal offense.
Individuals or groups are in violation of this policy if they engage in harassing or intimidating conduct at school, on school
grounds, while engaging in school-sanctioned activities or while traveling to or from school. Unacceptable conduct includes,
but is not limited to:
1.
2.
3.
Making remarks directly or indirectly, such as name-calling, fighting words, racial slurs or “jokes,” that
demean individuals or groups.
Physically threatening or harming individuals or groups.
Damaging, defacing or destroying the private property of any person because of that person’s race, ethnicity,
or religious affiliation.
Individuals who are not the direct recipient of harassment or intimidation may also experience a hostile environment. Third
party individuals shall, therefore, have the same right to act under this policy as those directly victimized.
Actual or threatened retaliation against a person who complains or intends to complain of racial, ethnic, or religious
harassment or intimidation will be prohibited and will be subject to appropriate disciplinary action.
In order to achieve a work environment that discourages and prohibits harassment, the Board designates the Director of
Human Resources, or her designee, as the district’s Compliance Officer.
The Compliance Officer shall publish and disseminate this policy and complaint procedure at least annually to students,
parents, employees, independent contractors, vendors, and the public. The publication shall include the position, office
address, and telephone number of the Compliance Officer.
The administration shall be responsible to provide training for students and employees regarding all aspects of harassment.
The building principal or designee shall be responsible to complete the following duties when receiving a complaint of
harassment:
1.
2.
3.
Inform the employee or third party of the right to file a complaint and the complaint procedure.
Refer the complainant to the Compliance Officer.
Compliance Officer, or designee, will notify the complainant and the accused of the progress at appropriate stages of
the procedure.
Complaint Procedure – Employee/Third Party
Step 1 – Reporting
An employee or third party who believes she/he has been subject to conduct that constitutes a violation of this policy is
encouraged to report the incident immediately to the district sexual harassment liaison or Compliance Officer.
If the building principal is the subject of a complaint, the employee or third party shall report the incident to the Compliance
Officer.
The complainant or reporting employee is encouraged to use the report form available from the building principal, or Human
Resources Department, but oral complaints shall be acceptable.
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Employee Handbook
Step 2 – Investigation
Upon receiving a complaint of harassment, the building principal shall immediately notify the Compliance Officer. The
Compliance Officer, or the designee, will investigate the complaint.
The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative
to the incident. The investigator may also evaluate any other information and materials relative to the investigation.
The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is
pending or has been concluded.
Step 3 – Investigative Report
The investigating administrator shall prepare a written report within fifteen days, unless additional time to complete the
investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint
had been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint.
The findings of the investigation shall be provided to the complainant, the accused, and the Compliance Officer.
Step 4 – District Action
If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall
take prompt, corrective action to ensure that such conduct ceases and will not recur.
Disciplinary action shall be consistent with Board policies and district procedures, applicable collective bargaining
agreements, and state and federal laws.
If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to
disciplinary action.
Appeal Procedure
1.
2.
3.
If the complainant is not satisfied with a finding that no violation of the policy has occurred or with the corrective
action recommended in the investigative report, she/he may submit a written appeal to the Superintendent within
fifteen days.
The Superintendent shall review the investigation and the investigative report and may also conduct a reasonable
investigation.
The Superintendent office shall prepare a written response to the appeal within fifteen days. Copies of the response
shall be provided to the complainant, the accused, and the administrator who conducted the initial investigation.
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Employee Handbook
ROSE TREE MEDIA SCHOOL DISTRICT
REPORTING FORM FOR COMPLAINTS OF HARASSMENT
Complainant:
Home Address:
School Building:
Date of Alleged Incident(s):
Alleged harassment was based on: (circle those that apply)
Race
Color
National Origin
Gender
Age
Disability
Religion
Sexual
Other (please specify)
Name of Person you believe violated the district’s harassment policy:
Describe the incident as clearly as possible, including what force, if any, was used: verbal statements
(i.e., threats, requests, demands, etc.); what, if any, physical contact was involved. (Attach additional
pages if necessary:
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Employee Handbook
When and where incident occurred:
List any witnesses who were present:
This complaint is based on my honest belief that
has harassed
me or another person. I certify that the information I have provided in this complaint is true, correct,
and complete to the best of my knowledge.
Name (Print)
Signature
Send the completed form to the Building Principal and/or the
Director of Human Resources
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Date
Employee Handbook
HIRING OF COACHES
Policy #123.1
The district recognizes the value and benefits to its interscholastic sports program when qualified professional employees of the
district also serve as coaches. In recruiting and hiring professional employees, the Superintendent or designee shall ascertain
the qualifications and interest of candidates to serves as interscholastic coaches and may take such information into
consideration in recommending to the Board the appointment of professional employees.
The Superintendent or designee shall recommend to the Board for appointment as interscholastic coaches only those
individuals who possess the qualifications listed below and who are the most qualified candidates for the position. Due
consideration shall be given to district employees who are qualified for the position, but such consideration shall not be
construed to alter the purpose of this policy to select the most qualified candidate.
Interscholastic coaches shall possess knowledge and competencies relating to the following:
1.
2.
3.
4.
5.
6.
First Aid.
Care and prevention of athletic injury and rehabilitation following injury.
Impact of sports on the behavior of the athlete and his or her relationship with culture and society.
Theory and techniques necessary to coach sports at the interscholastic level.
Anatomical and mechanical principles of sport skills.
Scientific principles as applied to strength, muscular and cardio-respiratory endurance in training and conditioning for
sports.
Personnel employed for coaching positions shall qualify with an appropriate level of competency from either formal training or
coaching experience. If past formal training or coaching experience does not qualify the coach with required competencies,
s/he shall enroll in and successfully complete a school district approved training program as soon as possible following Board
approval for employment. Costs for the training are the responsibility of the district.
HIV INFECTION
Policy #1014.1
The Board is committed to providing a safe, healthy environment for its students and employees. The purpose of this policy
shall be to safeguard the health and well-being of students and employees while protecting the rights of the individual.
This policy is based on current evidence that the HIV virus is not transmissible by infected individuals within the school
setting, except as noted in this policy.
HIV – refers to the disease caused by the HIV or human immunodeficiency virus.
AIDS – Acquired Immune Deficiency Syndrome.
CDC – United States Public Health Service Centers for Disease Control.
Infected employee – refers to employees diagnosed as having the HIV virus, including those who are asymptomatic.
This policy shall apply to all employees in all programs conducted by the school district.
The Board establishes that the established district policies and procedures that relate to illnesses among employees shall also
apply to infected students.
The Board shall not require routine screening tests for HIV infection in the school setting, nor will such tests be a condition for
employment.
The Superintendent or a designee shall serve as the central contact for handling and releasing all information concerning
infected employees.
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Employee Handbook
All district employees shall maintain a respectful working climate and shall not participate in physical or verbal harassment of
any individual or group, including infected employees.
All employees shall be required to consistently follow infection control/universal precautions in all settings and at all times.
Employees shall notify the Superintendent and/or the designated central contact of all incidents of exposure to bodily fluids.
On an annual basis, building administrators shall notify district employees, students, and parents about current Board policies
concerning HIV infection and shall provide reasonable opportunities to discuss such policies and concerns.
The Superintendent or a designee shall report periodically to the Board regarding the effectiveness of this policy and shall
make recommendations for revision in accordance with developments in medical research and treatments.
Assignment
District authorities shall determine the assignment of infected employees on a case-by-case basis.
A Screening Team comprised of the Superintendent and/or designated central contact, district physician, employee and his/her
attending physician shall evaluate the assignment of the infected employee. Such decisions shall be based on the employee’s
physical condition, type of interaction with others in the performance of job functions, and the risks to the infected employee
and others in the school setting.
First consideration shall be given to maintaining the infected employee in the regular assignment. Any decision for an
alternative placement must be supported by specific facts and data.
The recommendation of the Screening Team shall be presented to the Board by the Superintendent. The board shall approve
all assignments and medical leaves of absences for infected employees.
Infected employees whose employment is interrupted or terminated shall be entitled to available medical leave and medical
disability benefits. Such employees shall be informed by the appropriate administrator of benefits, leave and alternatives
available to them through state and federal laws, district policies, the collective bargaining agreement and the retirement
system.
Confidentiality
The Superintendent or a designee shall determine which school personnel will receive information about an infected employee.
The number of individuals informed of an infected employee’s status shall be kept to the minimum required to assure
protection of the infected employee as well as the school population. Anonymity shall have high priority.
All district employees have a duty to preserve the confidentiality of all information concerning an infected employee. Serious
consequences shall result from a breach of confidentiality by an employee.
Information about infected employees in the district shall not be disclosed to the general public, other school employees or
other groups without a court order or the informed, written, signed and dated consent of the infected employee.
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Employee Handbook
Infection Control
Universal precautions, as recommended by the CDC, shall be followed for exposure to bodily fluids. Employees shall treat all
body fluids as hazardous and follow universal precautions.
The school district shall maintain and keep reasonably accessible all designated equipment and supplies necessary for infection
control.
Staff Development
All district employees shall participate in a planned HIV education program on a periodic basis.
Designated district employees shall receive additional, specialized training appropriate to their positions and responsibilities.
JOB RELATED EXPENSES
Policy #1031
Payment of the actual and necessary expenses, including traveling expenses, of any employee of the district that are incurred in
the course of performing services for the district whether within or outside the district, shall be reimbursed in accordance with
this policy.
The validity of payments for job related expenses shall be determined by the Superintendent.
The use of a personal vehicle shall be considered a legitimate job expense if travel is among schools to which the employee is
assigned and travel is authorized in advance by the responsible supervisor.
Use of a personal vehicle for approved school purposes is reimbursable at the current I.R.S. rate per mile.
Actual and necessary expenses incident to attendance at functions outside the district shall be reimbursable to an employee if
approval has been obtained in advance from the appropriate supervisor.
Attendance at district approved events outside of the district shall be without loss of regular pay unless otherwise stipulated
prior to attendance.
The Superintendent shall prepare procedures for the reimbursement of travel expenses.
Travel shall be by the most direct and economical route.
In all instances of travel and job related expense reimbursement, full itemization of expenditures shall be required.
JURY DUTY
Policy #1042
Employees shall be protected against loss of pay occasioned by jury duty in accordance with the following guidelines.
Employees shall be paid the difference between their per diem salary and the jury duty salary.
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Employee Handbook
FAMILY MEDICAL LEAVE
(Official Dept. of Labor Notification is included beginning on pg. 23)
Policy #1035
The Family and Medical Leave Act of 1993 was signed into law and became effective in August 1993. The following
procedures are to be followed in the application of Family/Medical Leave for Rose Tree Media School District employees.
Eligibility
All employees who have worked for at least one (1) year, and for 1,250 hours over the previous twelve (12) months.
Reasons for Leave:
The birth and first year care of a child.
The adoption or foster parent placement of a child.
The care of the employee’s spouse, child, or parent who has a serious health condition.
A serious health condition that make the employee unable to perform the employee’s job.
Procedures:
All employees requesting leave under the Family Medical Leave Act of 1993 must submit the request (30) days in
advance on the Rose Tree Media School District Request for Family Medical Leave Form whenever the leave is
foreseeable. If any emergency situation exists, notice will be given as far in advance as possible.
All disability leaves; maternity leaves; extended sick leaves; and unpaid leaves of absence for purposes of health of an
employee; his/her spouse, parent or child, or for childrearing, will be counted as Family/Medical Leave under the
Family and Medical Leave Act of 1993.
Medical certification is required to support a request for leave due to a serious health condition of either the employee
or his/her immediate family member. In the case of an employee’s own illness, Rose Tree Media School District may
require a second and even third opinion at its discretion and at school district expense.
Maternity Leave – up to twelve (12) weeks of medical leave will be granted for the birth of a child in one continuous
block. Leave will consist of a combination of sick leave, disability leave, and unpaid leave, if necessary.
Family leave for the first year care of a child or for the adoption or placement for foster care of a child with an
employee must be taken within 12 months following the birth or placement. Leave may be taken by either parent. If
both parents are employed by Rose Tree Media School District, leave will be limited to a combined total of 12 weeks
leave for this purpose.
Employee must produce a Fitness for Duty Report from his/her doctor before returning to work when leave has been
taken for personal health reasons.
All applicable paid leave (sick, personal, disability, vacation) will be applied toward the leave requested under the
Family Medical Leave Act after which the employee may take unpaid leave for a combined total of 12 weeks leave.
Rose Tree Media School District will continue to pay its share of medical premiums during the 12 weeks of leave.
Employee will continue to be responsible for any portion of the medical premiums which he/she had to pay prior to
the leave. Medical insurance will be discontinued if premium has not been paid within 30 days of the due date.
Leave eligibility will be determined by counting backward 12 months from the start of the requested leave.
Employee will be sent a form letter notifying him/her that requested leave is being counted toward Family/Medical
Leave eligibility under the Family Medical Leave Act of 1993, at the time leave is approved, along with a notice of
the employee’s rights under Family Medical Leave Act.
Employees may take leave for personal illness or the serious illness of an eligible family member in a continuous 12
week block, or they may take intermittent leave such as a day or two off for medical treatment or to take care of an
eligible family member. When instructional employees seek intermittent leave and when such leave would constitute
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Employee Handbook
more than 20% of the total number of working days in the period during which leave would extend, the school district
may require the employee to elect to take leave in a block for the entire period.
If a teacher requests family medical leave, the leave will last more than two weeks, and the employee would return
during the two week period before the end of the semester, that employee may be required to continue his/her leave
until the end of the semester. This decision will be made based on whatever will cause the least amount of disruption
to the students and the program.
If a week of recess (such as winter recess or spring recess) falls within the requested period of family/medical leave,
the recess will not be counted as part of the 12 weeks of leave to which the employee is entitled.
Rose Tree Media School District reserves the right to assign a returning employee to the grade level, building, or
course where needed upon return to work after Family/Medical Leave.
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Employee Handbook
REQUEST FOR FAMILY OR MEDICAL LEAVE
Employees requesting leave for maternity, birth, or adoption of a child, or beginning care of a
foster child or other new child, should complete PART I of this form.
Employees or their representatives requesting leave for the employee’s own serious health
condition or the serious health condition of the employee’s spouse, child, or parent should
complete PART II and have the attending physician complete PART III.
This form must be submitted to ROSE TREE MEDIA SCHOOL DISTRICT, Personnel
Department, thirty (30) days in advance of beginning leave, if possible, or as soon as
practicable.
PART I. REQUEST FOR LEAVE BECAUSE OF NEW CHILD
NAME of employee requesting leave: __________________________________________
JOB TITLE: ______________________________________________________________
DATE leave will (or did) begin: _______________________________________________
EXPECTED DATE of termination of leave and return to work: ______________________
Is your request for complete time off between the dates of the beginning of leave and
termination of leave; or do you require certain hours or days off while continuing to work:
_____________
Complete Time Off
_____________
Specific days or hours off. Please
explain. Be as exact as possible in
describing the days or hours you
will need to miss work: _________
BY MY SIGNATURE PLACED BELOW, I certify that my request for leave time is based upon
maternity, delivery of baby, or care for a new child. I promise to provide proof of maternity,
delivery or new child, if requested by the employer.
__________________________________
EMPLOYEE’S SIGNATURE
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Employee Handbook
PART II. REQUEST FOR LEAVE BECAUSE OF SERIOUS HEALTH CONDITION OF EMPLOYEE OR
FAMILY MEMBER OF EMPLOYEE
In compliance with the Family and Medical Leave Act of 1933, Employer’s policy requires employees (or
their representatives) requesting leave because of their own major health problem or a major health
problem of a member of the immediate family, including parents, to see that all sections of PARTS II and
III of this form are completed and the form submitted to the employer. PART III must be completed and
signed by the attending physician.
TO BE COMPLETED BY EMPLOYEE BEFORE ATTENDING PHYSICIAN COMPLETES.
1.
NAME of employee requesting leave: ______________________________________
2.
JOB title or position: __________________________________________________
3.
I am requesting leave time for (check one):
4.
a. ______ My own serious health condition
b. ______ A serious health condition of my spouse
c. ______ A serious health condition of a son or daughter. Please state name and age of
child: _______________________________________
d. ______ A serious health condition of my father. Please state name and address of father:
_____________________________________________________
___________________________________________________________
e. ______ A serious health condition of my mother. Please state name and address of
mother: __________________________________________________
___________________________________________________________
NAME of disease or briefly describe the nature of the serious health condition:
____________________________________________________________________
5.
DATE leave will (or did) begin: __________________________________________
6.
EXPECTED DATE of termination of leave and return to work: __________________
7.
Is your request for complete time off between the dates of the beginning of leave and
termination of leave; or do you require certain hours or days off while continuing to work?
_____________ Complete Time Off
_____________ Specific days or hours off. Please explain.
Be as exact as possible in describing the
days or hours you will need to miss work:
_______________
I hereby certify that the foregoing information is, to the best of my knowledge, completely factual and
truthful.
_____________________________________
EMPLOYEE’S SIGNATURE
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Employee Handbook
PART III. TO BE COMPLETED BY ATTENDING PHYSICAN
8.
NAME of patient: ___________________________________________________
9.
DATE upon which serious medical condition began: _______________________
10.
PROBABLE DURATION of serious medical condition (please estimate if unsure):
____________________________________________________________________
11.
Briefly describe the nature of the individual’s serious medical condition:
____________________________________________________________________
12.
Please refer to PART II, QUESTION 3, to see if A. B, C, D, or E is checked.
(1)
If A is checked, can you certify that the named patient is unable to perform the
functions of the individual’s current job?
________ YES
________ NO If the answer is NO, but the patient might need time off from work to
obtain medical treatment, please explain the nature and timing of
required treatment: ______________________________________
_________________________________________________
(2)
If B, C, D, or E is checked, can you certify that the person named in answer to PART
II, QUESTION 1, is needed, either physically or psychologically, to aid in caring for
your patient whose name is listed in answer to question number 8?
________ YES If your answer is YES, please estimate the duration for which the
person in Question Number 1 will be needed to offer care:
_________________________________________________
________ NO
________________________________
PHYSICIAN’S SIGNATURE
________________________________
________________________________
________________________________
NAME, ADDRESS, AND PHONE
NUMBER OF PHYSICIAN
__________
APPROVED
__________
NOT APPROVED
_______________________________
DIRECTOR OF HUMAN RESOURCES
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Employee Handbook
U.S. Department of Labor
Employment Standards Administration Wage and Hour Division
FACT SHEET #28: The Family and Medical Leave Act of 1993
THE FAMILY AND MEDICAL LEAVE ACT OF 1993
The U.S. Department of Labor's Employment Standards Administration, Wage and Hour Division, administers and enforces
the Family and Medical Leave Act (FMLA) for all private, state and local government employees, and some federal
employees. Most Federal and certain congressional employees are also covered by the law and are subject to the jurisdiction of
the U.S. Office of Personnel Management or the Congress.
FMLA became effective on August 5, 1993, for most employers. If a collective bargaining agreement (CBA) was in effect on
that date, FMLA became effective on the expiration date of the CBA or February 5, 1994, whichever was earlier. FMLA
entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and
medical reasons. The employer may elect to use the calendar year, a fixed 12-month leave or fiscal year, or a 12-month period
prior to or after the commencement of leave as the 12-month period.
The law contains provisions on employer coverage; employee eligibility for the law's benefits; entitlement to leave,
maintenance of health benefits during leave, and job restoration after leave; notice and certification of the need for FMLA
leave; and, protection for employees who request or take FMLA leave. The law also requires employers to keep certain
records.
EMPLOYER COVERAGE
FMLA applies to all:


public agencies, including state, local and federal employers, local education agencies (schools), and
private-sector employers who employed 50 or more employees in 20 or more workweeks in the
current or preceding calendar year and who are engaged in commerce or in any industry or activity
affecting commerce — including joint employers and successors of covered employers.
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
1.
2.
3.
4.
work for a covered employer;
have worked for the employer for a total of 12 months;
have worked at least 1,250 hours over the previous 12 months; and
work at a location in the United States or in any territory or possession of the United States where at least 50
employees are employed by the employer within 75 miles.
* See special rules for returning reservists under USERRA.
LEAVE ENTITLEMENT
A covered employer must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month
period for one or more of the following reasons:
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Employee Handbook




for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
Spouses employed by the same employer are jointly entitled to a combined total of 12 work-weeks of family leave for the birth
and care of the newborn child, for placement of a child for adoption or foster care, and to care for a parent who has a serious
health condition.
Leave for birth and care, or placement for adoption or foster care must conclude within 12 months of the birth or placement.
Under some circumstances, employees may take FMLA leave intermittently — which means taking leave in blocks of time, or
by reducing their normal weekly or daily work schedule.


If FMLA leave is for birth and care or placement for adoption or foster care, use of intermittent leave is subject to the
employer's approval.
FMLA leave may be taken intermittently whenever medically necessary to care for a seriously ill family member, or
because the employee is seriously ill and unable to work.
Also, subject to certain conditions, employees or employers may choose to use accrued paid leave (such as sick or vacation
leave) to cover some or all of the FMLA leave.
The employer is responsible for designating if an employee's use of paid leave counts as FMLA leave, based on information
from the employee.
"Serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either:


any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or
residential medical-care facility, and any period of incapacity or subsequent treatment in connection with such
inpatient care; or
Continuing treatment by a health care provider which includes any period of incapacity (i.e., inability to work, attend
school or perform other regular daily activities) due to:
(1) A health condition (including treatment there for, or recovery there from) lasting more than three consecutive days, and any
subsequent treatment or period of incapacity relating to the same condition, that also includes:


treatment two or more times by or under the supervision of a health care provider; or
one treatment by a health care provider with a continuing regimen of treatment; or
(2) Pregnancy or prenatal care. A visit to the health care provider is not necessary for each absence; or
(3) A chronic serious health condition which continues over an extended period of time, requires periodic visits to a health care
provider, and may involve occasional episodes of incapacity (e.g., asthma, diabetes). A visit to a health care provider is not
necessary for each absence; or
(4) A permanent or long-term condition for which treatment may not be effective (e.g., Alzheimer's, a severe stroke, terminal
cancer). Only supervision by a health care provider is required, rather than active treatment; or
(5) Any absences to receive multiple treatments for restorative surgery or for a condition which would likely result in a period
of incapacity of more than three days if not treated (e.g., chemotherapy or radiation treatments for cancer).
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Employee Handbook
"Health care provider" means:





doctors of medicine or osteopathy authorized to practice medicine or surgery by the state in which the doctors practice;
or
podiatrists, dentists, clinical psychologists, optometrists and chiropractors (limited to manual manipulation of the spine
to correct a subluxation as demonstrated by X-ray to exist) authorized to practice, and performing within the scope of
their practice, under state law; or
nurse practitioners, nurse-midwives and clinical social workers authorized to practice, and performing within the scope
of their practice, as defined under state law; or
Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; or
Any health care provider recognized by the employer or the employer's group health plan benefits manager.
MAINTENANCE OF HEALTH BENEFITS
A covered employer is required to maintain group health insurance coverage for an employee on FMLA leave whenever such
insurance was provided before the leave was taken and on the same terms as if the employee had continued to work. If
applicable, arrangements will need to be made for employees to pay their share of health insurance premiums while on leave.
In some instances, the employer may recover premiums it paid to maintain health coverage for an employee who fails to return
to work from FMLA leave.
JOB RESTORATION
Upon return from FMLA leave, an employee must be restored to the employee's original job, or to an equivalent job with
equivalent pay, benefits, and other terms and conditions of employment.
In addition, an employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or
was entitled to before using FMLA leave, nor be counted against the employee under a "no fault" attendance policy.
Under specified and limited circumstances where restoration to employment will cause substantial and grievous economic
injury to its operations, an employer may refuse to reinstate certain highly-paid "key" employees after using FMLA leave
during which health coverage was maintained. In order to do so, the employer must:




notify the employee of his/her status as a "key" employee in response to the employee's notice of intent to take FMLA
leave;
notify the employee as soon as the employer decides it will deny job restoration, and explain the reasons for this
decision;
offer the employee a reasonable opportunity to return to work from FMLA leave after giving this notice; and
make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee
then requests restoration.
A "key" employee is a salaried "eligible" employee who is among the highest paid ten percent of employees within 75 miles of
the work site.
NOTICE AND CERTIFICATION
Employees seeking to use FMLA leave are required to provide 30-day advance notice of the need to take FMLA leave when
the need is foreseeable and such notice is practicable.
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Employee Handbook
Employers may also require employees to provide:



medical certification supporting the need for leave due to a serious health condition affecting the employee or an
immediate family member;
second or third medical opinions (at the employer's expense) and periodic recertification; and
periodic reports during FMLA leave regarding the employee's status and intent to return to work.
When intermittent leave is needed to care for an immediate family member or the employee's own illness, and is for planned
medical treatment, the employee must try to schedule treatment so as not to unduly disrupt the employer's operation.
Covered employers must post a notice approved by the Secretary of Labor explaining rights and responsibilities under FMLA.
An employer that willfully violates this posting requirement may be subject to a fine of up to $100 for each separate offense.
Also, covered employers must inform employees of their rights and responsibilities under FMLA, including giving specific
written information on what is required of the employee and what might happen in certain circumstances, such as if the
employee fails to return to work after FMLA leave.
UNLAWFUL ACTS
It is unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by FMLA. It is also
unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of
involvement in any proceeding, related to FMLA.
ENFORCEMENT
The Wage and Hour Division investigates complaints. If violations cannot be satisfactorily resolved, the U.S. Department of
Labor may bring action in court to compel compliance. Individuals may also bring a private civil action against an employer
for violations.
OTHER PROVISIONS
Special rules apply to employees of local education agencies. Generally, these rules provide for FMLA leave to be taken in
blocks of time when intermittent leave is needed or the leave is required near the end of a school term.
Salaried executive, administrative, and professional employees of covered employers who meet the Fair Labor Standards Act
(FLSA) criteria for exemption from minimum wage and overtime under Regulations, 29 CFR Part 541, do not lose their FLSAexempt status by using any unpaid FMLA leave. This special exception to the "salary basis" requirements for FLSA's
exemption extends only to "eligible" employees' use of leave required by FMLA.
The FMLA does not affect any other federal or state law which prohibits discrimination, nor supersede any state or local law
which provides greater family or medical leave protection. Nor does it affect an employer's obligation to provide greater leave
rights under a collective bargaining agreement or employment benefit plan. The FMLA also encourages employers to provide
more generous leave rights.
FURTHER INFORMATION
The final rule implementing FMLA is contained in the January 6, 1995, Federal Register. For more information, please contact
the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, Department of
Labor.
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Employee Handbook
MEDIA RELATIONS POLICY
Policy # 911
The Superintendent and the Community Relations Coordinator are designated as the only official spokespersons of the district.
The Superintendent or designee shall coordinate the release of information concerning the district and the actions of the Board.
All media inquiries, other than those to Board Members, shall be routed to the Superintendent or designee. Upon request, other
staff may be asked to talk to the media as official representatives of the district, depending on the circumstances.
All employees have the right to talk to the media, and the right to refrain from talking to the media. However, unless the
employee has been asked by the district to talk to the media, s/he should indicate that the views expressed are his/her own
views and not necessarily those of the district.
The media are welcome to attend any public board or district committee meetings and will be provided copies of the agenda
and/or backup information upon request. At board meetings, space will be provided for media representatives. Should
members of the media have questions about obtaining materials or about the meetings, they may contact the community
relations coordinator.
The media have a right of access to all public documents under the Public Records Act (Government Code Sections 6250 et
seq.). The district shall not release information which is privileged from disclosure or confidential by law, without prior Board
authorization.
The Superintendent or designee and principal or designee of each school may provide the media with information related to
district programs and needs, student awards, school accomplishments and events of special interest.
Access to Schools
While the District appreciates the role of the media and will cooperate with the media in their efforts to fulfill that role to the
extent possible, the District’s primary responsibility is to its students and their parents/guardians, to provide a solid education
and a secure and safe educational environment. The District will maintain a responsible balance between these two roles.
The Superintendent, designee, or school principal has the authority when deemed necessary to take such action as is reasonably
needed to maintain order, continuity of instruction, and assure a safe educational environment, including but not limited to,
closing the campus to all persons other than students, district staff or law enforcement officers.
Representatives of the media are welcome on school campuses, subject to Board policy and these regulations:
1.
During special school events open to the public such as open houses, public performances, and sporting events,
members of the media are welcome to attend without any requirements for advance notification or checking in at the
office. However, if any special arrangements are needed, such as access to electrical outlets or other types of needs,
those should be arranged with the school or community relations coordinator in advance. The school district will
work with the media to enable it to cover the event, and it is expected that the media will work with the district to
avoid any undue disruption. Media representatives are encouraged to wear badges identifying them as members of the
media.
2.
Representatives of the media who desire to have access to school sites during times when students are present, other
than for public events, need to obtain permission from the school principal or person in charge of the school in the
absence of the principal, or the community relations coordinator. Members of the media will be welcomed and
permission will be granted if the purpose of the visit is consistent with the school’s educational purpose, and school
officials believe the visitor’s presence on campus will not disrupt the school or threaten the safety of students or staff.
To ensure minimum interruption of the regular classroom program, classroom visits will be first arranged with the
teacher and principal or designee. Administrators should be familiar with the guidelines issued by the Superintendent
to assist them in determining whether the stated purpose is consistent with the school’s educational purpose.
Administrators may not deny access based upon the administrator’s disagreement with the content of the reporter’s
anticipated story, nor should the determination be delayed as a means of denying timely access.
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Employee Handbook
3.
In order to assure that the school campuses are safe, all media representatives need to check in at the school office
upon arrival on the campus, and to furnish upon request their name and business affiliation and be prepared to show
identification. The principal may decide whether the media representative should be escorted by a district staff
member.
4.
Media representatives who have been granted access to be on a school campus may photograph, film, and conduct
interviews within the following guidelines:
A.
Representatives may not disrupt the educational program or school activities and may not enter classes in
session except with the explicit permission of the principal or designee.
B.
The interview, photographing or filming must be related to the stated purpose of the visit. The media may
not question students on campus on subjects that the District is legally prohibited from asking them pursuant
to state or federal law (see Education Code Sections 51513 and 60614). These restricted subjects include
questions about the student’s personal beliefs or practices in sex, family life, morality, and religion or the
parents’/guardians’ beliefs and practices in sex, family life, morality, and religion.
C.
Subject to the media representative’s visit to a school site being consistent with the School District’s
educational purpose and the reason for which the media representative has requested to be at the school, staff
may provide the name of a student, the grade level, honors, activities and the name of the school the student
attends, unless the student’s parent/guardian has submitted a written request to the school requesting that
such information not be disclosed. No other access to student records or personally identifiable student
information may be provided without written parent/guardian permission.
D.
If the media representative desires to photograph students while on campus, s/he must make arrangements
with the principal or school administrator. The purpose of this is to protect the privacy and safety of students
since, for example, there are students whose school attendance is concealed from a parent/guardian under
domestic violence restraining orders. There may also be students whose parents/guardians have indicated to
the school that they do not want their child/ren questioned or photographed by the media.
E.
Students or staff have the option to agree or not to be interviewed or photographed. Principals/designees
may advise students and staff of this right.
F.
Prior written parent permission is necessary to photograph, film or interview special education students.
G.
Students who choose to speak with media representatives approved to be on campus may do so without
district restraint on the students’ right of free speech. Parents/guardians may decide whether or not they want
their child/ren to communicate with media representatives, and may inform the school in writing of their
objection to such communication or to having their child’s picture taken by the media. The school will
attempt to honor such requests.
Staff and students shall not touch news media representatives, cameras or recording equipment, unless invited to do so.
Disruptions
Whenever in the professional judgment of the principal or person in charge of the school a disruption to the educational
program or a threat to the safety of students or staff is occurring or is or may be imminent, the principal/designee has the
authority to close the campus to anyone other than students, staff and law enforcement, or such other persons as may be needed
for the assistance of the school. Any visitor, including a media representative, who is requested to leave the school grounds
must depart promptly. In such circumstances, the community relations coordinator will work with the media to arrange access
to information and persons with whom the media may talk, while ensuring that the principal is in charge of the school and is
able to take such action as is needed under the circumstances.
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NONDISCRIMINATING IN SCHOOL AND CLASSROOM PRACTICES
Policy #103
The Board declares it to be the policy of this district to provide an equal opportunity for all children to achieve their maximum
potential through the programs offered in these schools regardless of race, color, creed, religion, sex, ancestry, national origin
or handicap/disability.
In order to achieve the aforesaid goal, the Board directs the Superintendent or his/her designee to assume the responsibility of
coordinating all implementing activities including the monitoring of:
Curricula Content - Review current and proposed curriculum guides and textbooks to detect any bias based upon race, sex,
religion, national origin, ancestry, culture, or handicap/disability; ascertain supplemental materials, fairly depict the
contribution to society of both sexes and the various races and ethnic groups.
Staff Training - Develop an ongoing program of inservice training for school personnel designed to identify and resolve
problems of racial, sexual, religious, national, cultural or disability bias in all aspects of the school program.
Student Access - Review current and proposed programs, activities and practices to ensure that all students have equal access
and are not segregated on the basis of race, color, creed, sex, national origin, or handicap/disability in any duty, work, play,
classroom or school practice except as may be permitted under State Regulations.
District Support - Ensure that like aspects of the school program receive like support as to staff size and compensation,
purchase and maintenance of facilities and equipment, access to facilities and equipment, and related matters.
Student Evaluation - Ensure that tests, procedures and guidance and counseling materials designed to evaluate student progress,
rate aptitudes, analyze personality, or in any manner establish or tend to establish a category by which a student may be judged
are not differentiated or stereotyped on the basis of race, color, creed, sex, national origin, or handicap/disability.
NONDISCRIMINATING IN EMPLOYMENT/CONTRACT PRACTICES
Policy #104
The Board declares it to be the policy of this district to guarantee to all persons equal access to all categories of employment in
this district, regardless of race, color, age, creed, religion, sex, ancestry, national origin or handicap/disability.
In order to achieve the aforesaid goal, the Board directs the Superintendent or his/her designee to assume the responsibility of
coordinating all implementing activities as Compliance Officer.
It shall be the duty of the Compliance Officer to monitor:
1.
Job analysis – Study periodically all existing job descriptions, required job qualifications, characteristics of
employees filling said positions, and salary guides for any discrimination, inadvertent or otherwise, that
might exist.
2.
Employment Analysis – Develop methods to access sources of personnel and recommend methods that will
encourage minority, female and handicapped/disabled applications. Review copy used in recruiting ads and
application forms.
The Compliance Officer may be assisted in these duties by a committee.
The Compliance Officer shall report to the Board on progress made in the affirmative action program for employment/contract
practices as needed.
COMPLAINT PROCEDURE
A complainant has the right to be accompanied by a third party during all steps of this procedure.
Step One
1.
The complaint shall be presented in writing, within ten (10) calendar days of the occurrence, to the
building principal.
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2.
Step Two
1.
2.
Step Three
1.
2.
Step Four
1.
2.
The principal shall discuss, review, attempt to resolve the complaint and issue a decision within ten (10)
calendar days after receipt of the complaint.
If not satisfied with the principal’s decision, the complainant shall appeal the decision in writing to the
Compliance Officer within ten (10) days after receipt of the decision.
The Compliance Officer shall conduct a review and issue a decision within ten (10) calendar days after
receipt of the appeal.
If not satisfied with the decision of the Compliance Officer, the complainant may appeal the decision in
writing to the superintendent within ten (10) calendar days after receipt of the decision.
The Superintendent shall conduct a review and issue a decision within ten (10) calendar days after
receipt of the appeal.
If not satisfied with the decision of the Superintendent, the complainant may appeal the decision to the
Board at its next regular Board meeting by notifying the Board Secretary in writing within ten (10)
calendar days after receipt of the Superintendent’s decision.
The Board shall conduct a review and issue a decision within thirty (30) days following the Board
meeting at which the complaint was presented.
NOTIFICATION OF ARREST OR VEHICLE DRIVING VIOLATION
Policy #1053
An employee who is arrested or charged with a felony or misdemeanor is required to notify his/her immediate supervisor as
soon as possible but not later than within seventy-two (72) hours of such arrest or charge. Any employee who drives a district
vehicle in the course of his/her employment with the district that received a traffic citation is to notify his/her immediate
supervisor as soon as possible but not later than within seventy-two (72) hours of the citation. Failure to report such incidents
will result in disciplinary action up to and including termination.
OUTSIDE ACTIVITIES
Policy #1019
The Board recognizes that members of the staff must enjoy private lives and may associate with others outside of school for
political, economic, religious, cultural or personal reasons. The Superintendent, however, has a responsibility to evaluate
employees in terms of their faithfulness to, and effectiveness in, discharging school duties and responsibilities.
Therefore, when non-school activities impinge upon an employee’s effectiveness within the school system, the Board reserves
the right to evaluate the impact of such activities upon his/her responsibilities to the students and to the district’s programs.
The Superintendent shall be responsible for the direction of employees under the following guidelines:
Do not utilize school material for personal gain. Copyrights to materials or equipment developed, processed, or tested
by district employees in the performance of district activities in fulfillment of the terms of their employment, reside
with and may be claimed by the district.
The school district does not endorse, support, nor assume liability for any staff member from this school district who
conducts non-school outside activities in which students and employees of this district may participate.
Do not campaign on school property in behalf of any candidate for local, state or national office.
Do not use school time for outside activities when there is no valid reason to be excused from assigned duties.
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PENALTIES FOR TARDINESS
Policy #1018
Punctual and reliable attendance by employees of the district is essential to the proper operation of district programs.
Timely attendance by district employees is a matter of primary concern to the Board.
It shall be the responsibility of the Superintendent or his/her designee to assess penalties when an employee fails to meet
attendance requirements.
PERSONAL LEAVE/BEREAVEMENT LEAVE
Policy #1036
This policy shall provide for an employee’s absence for personal leave when not otherwise covered by sick leave or disability
policies.
The Board has the authority to specify reasonable conditions under which personal leave may be granted, the type of situations
in which such leave will be permitted and the total number of days which may be used in any school year for personal leave.
The total number of days used for personal necessity leave in any school year may not exceed the amount specified in the
bargaining unit agreement or handbook of each employee group.
Request for personal necessity leave shall be made in advance to the immediate supervisor.
Advance permission is not required in emergency situations.
Personal leave may be taken for the following reasons:
1.
Death of a member of the employee’s immediate family to a maximum of (5) days. Immediate family shall be
defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law or near relative who resides in
the same household, or any person with whom the employee has made his/her home.
2.
Death of an employee’s near relative to a maximum of one (1) day. Near relative shall be defined as first cousin,
grandfather, grandmother, grandchild, aunt, uncle, niece, nephew, son-in-law, daughter-in-law, brother-in-law, sisterin-law or ex-spouse.
3.
Personal/Emergency leave days are to be used for emergency or personal business that could not be otherwise
scheduled for non-school hours.
4.
Such other good and sufficient reason as may be determined by the Superintendent.
PERSONNEL FILES
Policy #1024
It is necessary for the orderly operation of the school district to maintain a file for the retention of all papers bearing upon an
individual’s duties and responsibilities as an employee of the district.
The Board requires that sufficient records be maintained to ensure an employee’s qualifications for the job held, compliance
with federal and state statutes, local benefit program, and conformance with district rules and evidence of completed
evaluations.
The Board delegates the establishment and maintenance of official personnel records to the Superintendent or his/her designee.
Only that information which pertains to the role of the employee and is submitted by duly authorized school administrative
personnel and the Board may be entered in the official record file.
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Personnel records shall not be available to the Board except as may be required in the performance of its functions as a Board.
Investigation files in matter of school harassment claims or employee’s misconduct are not part of the personnel file and no
reference to them will be included in the personnel file unless disciplinary action is taken.
Employees shall have access to their own file, except that certain information in the file shall not be available for review by the
employee.
Personnel wishing to review their own records shall review the record in the presence of the administrator designated to
maintain said records, his/her designee and shall make no alterations or additions to the record, nor remove any material there
from.
Personnel who wish to appeal material in their records shall make a request in writing to the administrator delegated to
maintain the records and specify therein name and date, material to be appealed, and reason for appeal.
PHYSICAL EXAMINATION
Policy #1014
In order to certify the fitness of employees to discharge efficiently the duties which they will be performing and to protect the
health of students from the transmission of communicable diseases, physical examinations of all employees will be required
prior to employment.
For purposes of this policy, a physical examination shall mean a general examination by a licensed physician.
All candidates for employment, after receiving an offer of employment but prior to being placed on the rolls of the district,
shall undergo a medical examination, as required by law.
The Board requires that all employees undergo a tuberculosis examination upon initial employment in accordance with the
regulations of the Advisory Health Board.
The Board may require that all employees undergo a physical examination.
The results of all required medical examinations shall be made known to the Superintendent on a confidential basis and
discussed with the employee. Such medical records shall be kept in a file separate from the employee’s personnel file. In the
event of an unsatisfactory report, the Superintendent shall follow Board policy relating to “Disqualification by Reason of
Health.”
POLITICAL ACTIVITIES
Policy #1021
The Board recognizes and encourages the right of its employees, as citizens, to engage in political activity. However, school
property and school time, paid for by all the people, may not be used for political purposes.
The Board adopts the following guidelines for those staff members who intend to engage in political activities:
No employees shall engage in political activities upon property under the jurisdiction of the Board, unless permission
has been granted for that purpose through the “Use of Facilities” policy of the Board.
Political circulars or petitions may not be posted or distributed in school.
The collection of and/or the solicitation for campaign funds or campaign workers is prohibited on school property.
The use of pupils for writing or addressing political materials or the distribution of such materials to or by pupils is
forbidden.
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District employees who hold elective or appointive office are not entitled to time off from school duties for reason incident to
such offices, except as such time may qualify under the leave policies of the Board.
The following situations are exempt from the provisions of this policy:
The discussion and study of politics and political issues, when such discussion and study are appropriate to classroom
studies, such as history, current events, and political science.
The conduct of student elections and campaigning connected therewith.
The conduct of employee representative elections.
Violations of any of the foregoing shall, at the discretion of the Board, constitute cause for reprimand, penalty, or dismissal.
RESPONSIBILITY OF STAFF FOR STUDENT WELFARE
Policy #1040
The purpose of this policy is to establish guidelines whereby adequate consideration of student welfare is achieved.
The Superintendent shall prepare and promulgate guidelines to ensure the maintenance of the following standards:
Each employee must maintain a standard of care and concern for supervision, control and protection of students
commensurate with assigned duties and responsibilities.
An employee should not voluntarily assume responsibility for duties s/he cannot reasonably perform. Such voluntary
assumption carries the same responsibilities as assigned duties.
A teacher must provide proper instruction in the safety matters presented in assigned curriculum guides.
Each employee has the responsibility to immediately report to the principal an accident or a safety hazard s/he detects.
A teacher may not send students on any personal errands.
A pupil shall not be required to perform work or services that may be detrimental to his/her health.
Teachers and other professional employees are responsible for the safety of pupils in their charge within the building and on
school property. Each teacher must be in the classroom or at any other assigned station at all times or must make sure that
another teacher is temporarily in charge. The following guidelines are provided to minimize the occurrence of situations in
which staff members may incur liability for their acts with relation to students.
Never leave class unattended while pupils are in room.
Never leave class with an unqualified person in charge.
Accompany class wherever it is assigned and remain with it until supervision is assumed by another responsible
person.
Do not permit pupils to use equipment in the classroom which has not been approved for school use. (Some teachers
or pupils bring personal equipment which may be dangerous.)
Do not permit use of machinery except for the instructional purpose for which it was provided.
Do not permit students to work in a shop, kitchen, or laboratory at other than the regularly scheduled period, and then,
only under qualified supervision and in accordance with the prescribed safety procedures.
Report promptly unsafe equipment or conditions to immediate supervisor.
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Employee Handbook
Do not permit pupils not enrolled in shop classes or laboratory classes to use power tools or other dangerous
equipment.
Never permit equipment to be operated in an unsafe manner.
Organize classroom materials and equipment so as to minimize danger of injury to pupils and to self.
Ensure that proper safety gear is used wherever safety equipment is specified.
In general, exercise good judgment when assigning tasks to children to prevent bodily harm and damage to property.
RIGHT TO KNOW
Policy #801
The Board recognizes the importance of public records as the record of the district's actions and the repository of information
about this district. The public has the right to access and procure copies of public records, with certain exceptions, subject to
law, Board policy and administrative regulations.
Business day - A day when the district’s administrative offices are open.
Financial record - any account, voucher or contract dealing with the receipt or disbursement of funds or acquisition, use or
disposal of services, supplies, materials, equipment or property; or the salary or other payments or expenses paid to an officer
or employee, including the individual’s name and title; and a financial audit report, excluding the audit’s underlying work
papers.
Public record - a record, including a financial record, that is not protected by a defined privilege or is not exempt from being
disclosed under one of the exemptions in Pennsylvania’s Right-to-Know Law or under other federal or state law or regulation,
or judicial decree or order.
Record - information, regardless of physical form or characteristics, that documents a district transaction or activity and is
created, received or retained pursuant to law or in connection with a district transaction, business or activity, including: a
document; paper; letter; map; book; tape; photograph; film or sound recording; information stored or maintained electronically;
and a data-processed or image-processed document.
Response - the district’s notice informing a requester of a granting of access to a record or the district’s written notice to a
requester granting, denying, or partially granting and partially denying access to a requested record.
Requester - a legal resident of the United States, or an agency, who requests access to a record.
The Board shall make the district's public records available for access and duplication to a requester, in accordance with law,
Board policy and administrative regulations.
The Board designates the Director of Management Services as the Open Records Officer, who shall be responsible to:
1. Receive written requests for access to records submitted to the district.
2. Review and respond to written requests in accordance with law, Board policy and administrative regulations.
3. Direct requests to other appropriate individuals in the district or in another agency.
4. Track the district’s progress in responding to requests.
5. Issue interim and final responses to submitted requests.
6. Maintain a log of all record requests and their disposition.
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Employee Handbook
7. Ensure district staff are trained to perform assigned job functions relative to requests for access to records.
Upon receiving a request for access to a record, the Open Records Officer shall:
1. Note the date of receipt on the written request.
2. Compute and note on the written request the day on which the five-day period for response will expire.
3. Maintain an electronic or paper copy of the written request, including all documents submitted with the request, until the
request has been fulfilled.
4. If the written request is denied, maintain the written request for thirty (30) days or, if an appeal is filed, until a final
determination is issued or the appeal is deemed denied.
Requesters may access and procure copies of the public records of the district during the regular business hours of the
administration offices
A requester’s right of access does not include the right to remove a record from the control or supervision of the Open Records
Officer.
The district shall not limit the number of records requested.
When responding to a request for access, the district is not required to create a record that does not exist nor to compile,
maintain, format or organize a record in a manner which the district does not currently use.
Information shall be made available to individuals with disabilities in an appropriate format, upon request and with sufficient
advance notice.
The district shall post at the administration office and on the district’s web site the following information:
1. Contact information for the Open Records Officer.
2. Contact information for the state’s Office of Open Records or other applicable appeals officer.
3. The form to be used to file a request, with a notation that the state Office of Open Records form may also be used if the
district decides to create its own form.
4. Board policy, administrative regulations and procedures governing requests for access to the district’s public records.
Request for Access:
A written request for access to a public record shall be submitted on the required form(s) and addressed to the Open Records
Officer.
Written requests may be submitted to the district in person, by mail, to a designated facsimile machine, and to a designated email address.
Each request must include the following information:
1.
Identification or description of the requested record, in sufficient detail.
2.
3.
Medium in which the record is requested.
Name and address of the individual to receive the district's response.
The district shall not require an explanation of the reason for the request or the intended use of the requested record, unless
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Employee Handbook
otherwise required by law.
Fees:
The district shall keep current a list of reasonable fees relative to requests for Public Records.
No fee may be imposed for review of a record to determine whether the record is subject to access under law.
Prior to granting access, the district may require prepayment of estimated fees when the fees required to fulfill the request are
expected to exceed $100.
The Superintendent may waive duplication fees when the requester duplicates the record or the Superintendent deems it is in
the public interest to do so.
Response to Requester:
District employees shall be directed to immediately forward requests for access to public records to the Open Records Officer.
Upon receipt of a written request for access to a record, the Open Records Officer shall determine if the requested record is a
public record and if the district has possession, custody or control of that record.
The Open Records Officer shall respond as promptly as possible under the existing circumstances, and the initial response time
shall not exceed five (5) business days from the date the written request is received by the Open Records Officer.
The initial response shall grant access to the requested record; deny access to the requested record; partially grant and partially
deny access to the requested record; notify the requester of the need for an extension of time to fully respond; or request more
detail from the requester to clearly identify the requested material.
If the district fails to respond to a request within five (5) business days of receipt, the request for access shall be deemed denied
Extension of Time:
If the Open Records Officer determines that an extension of time is required to respond to a request, in accordance with the
factors stated in law, written notice shall be sent within five (5) business days of receipt of request. The notice shall indicate
that the request for access is being reviewed, the reason that the review requires an extension, a reasonable date when the
response is expected, and an estimate of applicable fees owed when the record becomes available.
Up to a thirty (30) day extension for one (1) of the listed reasons does not require the consent of the requester. If the response is
not given by the specified date, it shall be deemed denied on the day following that date.
A requester may consent in writing to an extension that exceeds thirty (30) days, in which case the request shall be deemed
denied on the day following the date specified in the notice if the Open Records Officer has not provided a response by that
date.
Granting of the Request:
If the Open Records Officer determines that the request will be granted, the response shall inform the requester that access is
granted and either include information on the regular business hours of the administration office, provide electronic access, or
state where the requester may go to inspect the records or information electronically at a publicly accessible site. The response
shall include a copy of the fee schedule in effect, a statement that prepayment of fees is required in a specified amount if access
to the records will cost in excess of $100 and the medium in which the records will be provided.
A public record shall be provided to the requester in the medium requested if it exists in that form; otherwise, it shall be
provided in its existing medium. However, the district is not required to permit use of its computers.
The Open Records Officer may respond to a records request by notifying the requester that the record is available through
publicly accessible electronic means or that the district shall provide access to inspect the record electronically. If the requester,
within thirty (30) days following receipt of the district’s notice, submits a written request to have the record converted to paper,
the district shall provide access in printed form within five (5) days of receipt of the request for conversion to paper.
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A public record that the district does not possess but is possessed by a third party with whom the district has contracted to
perform a governmental function and which directly relates to that governmental function shall be considered a public record
of the district. When the district contracts with such a third party, the district shall require the contractor to agree in writing to
comply with requests for such records and to provide the district with the requested record in a timely manner to allow the
district to comply with law.
If the Open Records Officer determines that a public record contains information both subject to and not subject to access, the
Open Records Officer shall grant access to the information subject to access and deny access to the information not subject to
access. The Open Records Officer shall redact from the record the information that is not subject to access. The Open Records
Officer shall not deny access to a record if information is able to be redacted.
If the Open Records Officer responds to a requester that a copy of the requested record is available for delivery at the
administration office and the requester does not retrieve the record within sixty (60) days of the district’s response, the district
shall dispose of the copy and retain any fees paid to date.
Notification to Third Parties:
When the district produces a record that is not a public record in response to a request, the Open Records Officer shall notify
any third party that provided the record to the district, the person that is the subject of the record, and the requester.
The Open Records Officer shall notify a third party of a record request if the requested record contains a trade secret or
confidential proprietary information, in accordance with law and administrative regulations.
Denial of Request:
If the Open Records Officer denies a request for access to a record, whether in whole or in part, a written response shall be sent
within five (5) business days of receipt of the request. The response denying the request shall include the following:
1.
Description of the record requested.
2.
Specific reasons for denial, including a citation of supporting legal authority.
3.
Name, title, business address, business telephone number, and signature of the Open Records Officer on whose authority
the denial is issued.
4.
Date of the response.
5.
Procedure for the requester to appeal a denial of access.
The Open Records Officer may deny a request for access to a record if the requester has made repeated requests for that same
record and the repeated requests have placed an unreasonable burden on the district.
The Open Records Officer may deny a request for access to a record when timely access is not possible due to a disaster, or
when access may cause physical damage or irreparable harm to the record. To the extent possible, a record’s contents shall be
made accessible even when the record is physically unavailable.
Information that is not subject to access and is redacted from a public record shall be deemed a denial.
If a written request for access to a record is denied or deemed denied, the requester may file an appeal with the state’s Office of
Open Records within fifteen (15) business days of the mailing date of the Open Records Officer’s response or deemed denial.
References:
School Code – 24 P.S. Sec. 408, 518
Right-to-Know Law – 65 P.S. Sec. 67.101 et seq.
Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq.
Accessibility to Communications, Title 28, Code of Federal Regulations – 28 CFR
37
Sec. 35.160, 35.164
Employee Handbook
SMOKING
Policy #1023
The Board recognizes that smoking during school hours and on school property presents a health and safety hazard which can
have serious consequences for the smoker and the nonsmoker. It is the intent of the Board to provide a safe and healthful
environment for all students and employees of the district and to comply with state law.
For purposes of the policy, smoking shall mean all uses of tobacco, including cigars, cigarettes, pipes and smokeless tobacco.
In order to protect students and staff from an environment that may be harmful to them, the Board prohibits smoking by
employees in school buildings, on school grounds, on school buses, and vehicles utilized by the school district or in any
classroom. Tobacco use is also prohibited at any meetings held in district facilities or by employees sponsoring, chaperoning,
or coaching school activities, inside or outside, on school grounds or away from school grounds.
A violation of this policy shall be punishable by a civil fine of not more than fifty dollars ($50.00).
The Board encourages students and district personnel to break their dependence on tobacco through voluntary participation in
an educational program to stop smoking and other forms of tobacco use.
The K-12 health education curriculum shall contain lessons and units of study on the hazards of smoking and tobacco use.
The Superintendent shall develop procedures to implement this policy, which includes informing staff of this policy, making
available smoking cessation programs, posting signs that notify all people of the ban on tobacco use and adopting appropriate
measures for those violating this policy.
TRANSPORTATION PERSONNEL – DRUG AND ALCOHOL TESTING
Policy #810.1
Rose Tree Media School District shall conduct mandatory drug and alcohol testing of CDL drivers in accordance with the
United States Department of Transportation Safety Regulations, Code of Federal Regulation Title 49.
It is the duty of Rose Tree Media School District to transport students safely to and from school. Therefore, a CDL driver with
a confirmed positive drug test will be suspended immediately pending a recommendation for termination
A CDL driver with a confirmed positive alcohol test will be suspended immediately pending a recommendation for
termination.
UNCOMPENSATED LEAVE
Policy #1039
The Board recognizes that in certain instances an employee may wish extended leave for personal reasons, and the district
could benefit from the return of said employee. This policy establishes guidelines for the award of uncompensated leaves of
absence.
The Board reserves the right to specify the conditions under which uncompensated leave may be taken.
Purpose
Uncompensated leave may be taken in accordance with the terms of a current Collective Bargaining Agreement.
Application
Request for uncompensated leave shall be made to the Superintendent in advance of the desired start date. The Superintendent
will make recommendations to the Board for all uncompensated leaves.
All applications are subject to final approval by the Board.
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Employee Handbook
Commitment of Employee
Whenever possible, the employee granted an uncompensated leave of absence shall inform the Board within sixty (60) days of
the scheduled return date as to his/her intentions.
Commitment of Employer
At the expiration of the uncompensated leave, the employee shall be offered the same position previously held or a like
position to that previously held.
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Employee Handbook
II. Procedures & Notifications
Employee Handbook
PENNSYLVANIA’S CODE OF PROFESSIONAL PRACTICE AND CONDUCT FOR EDUCATORS
Section 1. Mission
The Professional Standards and Practices Commission is committed to providing leadership for improving the quality of
education in this Commonwealth by establishing high standards for preparation, certification, practice and ethical conduct in
the teaching profession.
Section 2. Introduction
(a) Professional conduct defines interactions between the individual educator and students, the employing agencies and other
professionals. Generally, the responsibility for professional conduct rests with the individual professional educator.
However, in this Commonwealth, a Code of Professional Practice and Conduct (Code) for certificated educators is
required by statute and violation of specified sections of the Code may constitute a basis for public or private reprimand.
Violations of the Code may also be used as supporting evidence, though may not constitute an independent basis, for the
suspension or revocation of a certificate. The Professional Standards and Practices Commission (PSPC) was charged by
the act of December 12, 1973 (P.L. 397, No. 141) (24 P.S. §§ 12-1251 - 12-1268), known as the Teacher Certification
Law, with adopting a Code by July 1, 1991. See 24 P.S. § 12-1255(a)(10).
(b) This chapter makes explicit the values of the education profession. When individuals become educators in this
Commonwealth, they make a moral commitment to uphold these values.
Section 3. Purpose
(a) Professional educators in this Commonwealth believe that the quality of their services directly influences the Nation and its
citizens. Professional educators recognize their obligation to provide services and to conduct themselves in a manner
which places the highest esteem on human rights and dignity. Professional educators seek to ensure that every student
receives the highest quality of service and that every professional maintains a high level of competence from entry through
ongoing professional development. Professional educators are responsible for the development of sound educational
policy and obligated to implement that policy and its programs to the public.
(b) Professional educators recognize their primary responsibility to the student and the development of the student’s potential.
Central to that development is the professional educator’s valuing the worth and dignity of every person, student and
colleague alike; the pursuit of truth; devotion to excellence; acquisition of knowledge; and democratic principals. To those
ends, the educator engages in continuing professional development and keeps current with research and technology.
Educators encourage and support the use of resources that best serve the interests and needs of students. Within the
context of professional excellence, the educator and student together explore the challenge and the dignity of the human
experience.
Section 4. Practices
(a) Professional practices are behaviors and attitudes that are based on a set of values that the professional education
community believes and accepts. These values are evidenced by the professional educator’s conduct toward students and
colleagues, and educator’s employer and community. When teacher candidates become professional educators in this
Commonwealth, they are expected to abide by this section.
(b) Professional educators are expected to abide by the following:
(1) Professional educators shall abide by the Public School Code of 1949 (24 P.S. §§ 1-101 - 27-2702), other school
laws of the Commonwealth, sections 120(a)(1), (2) and (4) and (b)(1), (2) and (4) of the Public Employee
Relations Act ((43 P.S. §§ 1101.1201(a)(1), (2) and (4) and (b)(1), (2) and (4) and this chapter.
(2) Professional educators shall be prepared, and legally certified, in their areas of assignment. Educators may not be
assigned or willingly accept assignments they are not certified to fulfill. Educators may be assigned to or accept
assignments outside their certification area on a temporary, short-term, emergency basis. Examples: a teacher
certified in English filling in a class for a physical education teacher who has that day become ill; a substitute
teacher certified in elementary education employed as a librarian for several days until the district can locate and
employ a permanent substitute teacher certified in library science.
(3) Professional educators shall maintain high levels of competence throughout their careers.
(4) Professional educators shall exhibit consistent and equitable treatment of students, fellow educators and parents.
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Employee Handbook
They shall respect the civil rights of all and not discriminate on the basis of race, national or ethnic origin, culture
religion, sex or sexual orientation, marital status, age, political beliefs, socioeconomic status, disabling condition
or vocational interest. This list of bases or discrimination is not all-inclusive.
(5) Professional educators shall accept the value of diversity in educational practice. Diversity requires educators to
have a range of methodologies and to request the necessary tools for effective teaching and learning.
(6) Professional educators shall impart to their students principles of good citizenship and societal responsibility.
(7) Professional educators shall exhibit acceptable and professional language and communication skills. Their verbal
and written communications with parents, students and staff shall reflect sensitivity to the fundamental human
rights of dignity, privacy and respect.
(8) Professional educators shall be open-minded, knowledgeable and use appropriate judgment and communication
skills when responding to an issue within the educational environment.
(9) Professional educators shall keep in confidence information obtained in confidence in the course of professional
service unless required to be disclosed by law or by clear and compelling professional necessity as determined by
the professional educator.
(10) Professional educators shall exert reasonable effort to protect the student from conditions which interfere with
learning or are harmful to the student’s health and safety.
Section 5. Conduct
Individual professional conduct reflects upon the practices, values, integrity and reputation of the profession. Violation of §§
235.6-235.11 may constitute an independent basis for private or public reprimand, and may be used as supporting evidence in
cases of certification suspension and revocation.
Section 6. Legal Obligations
(a) The professional educator may not engage in conduct prohibited by the act of December 12, 1973 (P.L. 397, No. 141) (24
P.S. §§ 12-1251-12-1268), known as the Teacher Certification Law.
(b) The professional educator may not engage in conduct prohibited by:
(1) the Public School Code of 1949 (24 P.S. §§ 1-101-27-2702) and other laws relating to the schools or the education
of children.
(2) The applicable laws of the Commonwealth establishing ethics of public officials and public employees, including
the act of October 4, 1978 (P.L. 883, No. 170) (65 P.S. §§ 401 -413), known as the Public Official and Employee
Ethics Law.
(c) Violation of subsection (b) shall have been found to exist by an agency of proper jurisdiction to be considered an
independent basis for discipline.
Section 7. Certification
The professional educator may not:
(1) Accept employment, when not properly certificated, in a position for which certification is required.
(2) Assist entry into or continuance in the education profession of an unqualified person.
(3) Employ, or recommend for employment, a person who is not certificated appropriately for the position.
Section 8. Civil Rights
The professional educator may not:
(1) Discriminate on the basis of race, National or ethnic origin, culture, religion, sex or sexual orientation, marital
status, age, political beliefs, socioeconomic status; disabling condition or vocational interest against a student or
fellow professional. This list of bases of discrimination is not all-inclusive. This discrimination shall be found to
exist by an agency of proper jurisdiction to be considered an independent basis for discipline.
(2) Interfere with a student’s or colleague’s exercise of political and civil rights and responsibilities.
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Employee Handbook
Section 9. Improper personal or financial gain
(1) Accept gratuities, gifts or favors that might impair or appear to impair professional judgment.
(2) Exploit a professional relationship for personal gain or advantage.
Section 10. Relationships with students
The professional educator may not:
(1) Knowingly and intentionally distort or misrepresent evaluations of students.
(2) Knowingly and intentionally misrepresent subject matter or curriculum.
(3) Sexually harass or engage in sexual relationships with students.
(4) Knowingly and intentionally withhold evidence from the proper authorities about violations of the legal obligations as
defined within this section.
Section 11. Professional relationships
The professional educator may not:
(1) Knowingly and intentionally deny or impede a colleague in the exercise or enjoyment of a professional right or privilege in
being an educator.
(2) Knowingly and intentionally distort evaluations of colleagues.
(3) Sexually harass a fellow employee.
(4) Use coercive means or promise special treatment to influence professional decisions of colleagues.
(5) Threaten, coerce or discriminate against a colleague who in good faith reports or discloses to a governing agency actual or
suspected violations of law, agency regulations or standards.
The Code of Professional Practice
and Conduct for Educators can be
found at 22 Pa. Code §§ 235,1-235,11,
All questions should be directed to the
Professional Standards and Practices
Commission at
717-787-6576
CERTIFICATION – Professional Employee
Your PA Professional Certificate is your license to teach or work as an administrator in the district. It is the responsibility of
the employee to maintain a valid PA Certificate.
Any Professional Employee whose certificate expires will be prohibited from teaching or working as an administrator until the
certificate is renewed. This could result in the loss of pay. Any fines levied against Rose Tree Media School District by the
PA Department of Education due to an invalid certificate will be passed on to the employee.
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Employee Handbook
HIPPA NOTIFICATION
The federal government recently adopted regulations that impose numerous requirements upon the Rose Tree Media School
District with respect to the privacy of health information. These requirements are generally referred to as the HIPAA Privacy
Rule. As a result of the HIPAA Privacy Rule, the District will have to adopt a number of practices that will ensure compliance
with the HIPAA Privacy Rule. Moreover, certain companies with whom we deal are also covered by the HIPAA Privacy Rule
and will not be allowed to provide information that they are required to keep confidential. This notice is to advise you of
certain procedures with respect to coverage questions that are being implemented by us due to HIPAA requirements. Notices
with respect o other topics will be sent by us to you from time to time.
Questions concerning coverage are to be handled in accordance with the following rules:
1.
Questions about:
a. Your eligibility to be covered by a particular plan
b. Whether you are enrolled for coverage in a particular plan
c. The name of the plan in which you are enrolled or should be enrolled can be posed to the Personnel
Office.
If our insurance carrier or third party administrator (TPA) advises you that you are not covered at all, or that your plan
is different than you think it should be, feel free to contact the Personnel Office. The Personnel Office can answer
questions whether you are enrolled in applicable plans and which plan is applicable to you. The Personnel Office
cannot answer any other questions and cannot tell you whether particular services are covered or whether the insurer
or TPA is properly adjusting or administering a particular claim. These questions must be posed to the insurer or to
the TPA, as applicable.
2.
Questions about:
a. The coverage available under any particular plan in which you are enrolled,
b. Why a particular claim was adjusted or administered as it was are to be posed to the insurer or TPA as
follows: PCS health Systems for prescription benefits; Delta Dental for dental benefits, and; Benefit
Allocation Systems, Inc. for the Section 125 Plan.
If you disagree with how any claim has been handled by any insurer or TPA, there are complaint procedures in the applicable
plan that must be followed. We cannot get involved in such complaints.
NOTE: DO NOT SEND ANY HEALTH INFORMATION TO US IN CONNECTION WITH ANY HEALTH CARE
CLAIMS. IF YOU SEND SUCH HEALTH CARE INFORMATION TO US IN CONNECTION WITH A HEALTH
CARE CLAIM, WE WILL RETURN IT TO YOU.
Described below is how medical information about you may be used and disclosed and how you can get access to this
information.
Purpose:
Pursuant to the Health Insurance Portability and Accountability Act of 1996, this NOTICE explains how the Rose
Tree Media School District’s GROUP HEALTH PLAN may use and disclose YOUR PROTECTED HEALTH
INFORMATION. This NOTICE describes the types of information that is collected and YOUR rights with regards to
that information.
Definition:
“GROUP HEALTH PLAN” refers to all self-insured employee welfare benefit plans established by the Rose Tree
Media School District (The “district”) that provides, or pays the costs of, medical care. For the purposes of this
NOTICE and YOUR rights under the Health Insurance Portability and Accountability Act of 1996, the GROUP
HEALTH PLAN refers to the health care component designated as the GROUP HEALTH PLAN by the District.
“INCLUDES” and/or “INCLUDING” means inclusive of and not limited to and by way of example and not
limitation.
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Employee Handbook
“NOTICE” means this Notice of Privacy Practices.
“PLAN SPONSOR” refers to the District that establishes and maintains the GROUP HEALTH PLAN.
“PROTECTED HEALTH INFORMATION” means YOUR individual identifiable health information maintained in
any form or medium by the District’s GROUP HEALTH PALN. PROTECTED EHALTH INFORMATION
INCLUDES the following: YOUR health history; YOUR medical records; YOUR name, address, and date of birth;
YOUR marital status; YOUR sex; YOUR social security number; information regarding YOUR dependents; and,
other similar information that relates to past, present or future medical care.
PROTECTED HEALTH INFORMATION does not include YOUR individual identifiable health information that is
part of employment records held by the District in its role as employer, INCLUDING medical certifications required
by the Family and Medical leave Act, requests for accommodations under the Americans with Disabilities Act, and
health information submitted in connection with Workers’ Compensation claims.
“YOU” and “YOUR” refers to the person entitled to receive this NOTICE as a participant in the District’s
GROUP HEALTH PLAN.
3.
Permitted uses and Disclosures of PROTECTED HEALTH INFORMATION
A.
Uses and Disclosures for Payment:
The District’s GROUP HEALTH PLAN may use and disclose YOUR PROTECTED HEALTH
INFORMATION without YOUR authorization for its own payment activities as allowed by law,
including to obtain premiums or to fulfill its responsibilities for coverage and provision of benefits
under the GROUP HEALTH PLAN. For example, the district’s GROUP HEALTH PLAN may
provide YOUR PROTECTED HEALTH INFORMATION to health insurers or third party
administrators for billing, claims management, collection activities, utilization review, and review of
health care services with respect to medical necessity.
B.
Uses and Disclosures for Operations:
The District’s GROUP HEALTH PLAN may use and disclose YOUR PROTECTED HEALTH
INFORMATION without your authorization for all of its own health care operations as allowed by
law, including conducting or arranging for medical review, legal services, obtaining stop loss or other
insurance for the GROUP HEALTH PLAN, and auditing functions, including fraud and abuse
detection and compliance programs.
4.
Uses and Disclosures for Which YOU’RE A=Authorization is Not Required:
In the situations described below, the District’s GROUP HEALTH PLAN may disclose YOUR PROTECTED
HEALTH INFORMATION without obtaining YOUR consent:
 For workers’ compensation purposes as authorized by, and to the extent necessary to comply with, applicable
workers’ compensations law.
 When requested by a public health authority for the purpose of preventing or controlling disease, injury, or
disability;
 When requested by a public health authority in connection with reporting of child abuse or neglect;
 To a government authority if the District GROUP HEALTH PLAN: (1) reasonably believes that YOU may
be the victim of abuse, neglect, or domestic violence; (2) is required by law to make the disclosure; (3) YOU
are unable to consent to the disclosure; and, (4) reasonably believes, in the exercise of professional judgment,
that informing YOU of the disclosure would place YOU at risk of serious harm;
 To a health oversight agency for oversight activities authorized by law, including: audits; civil,
administrative, or criminal investigations; inspections; licensure or disciplinary actions; civil, administrative,
or criminal proceedings or actions; or other activities necessary for appropriate oversight of the health care
system;
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Employee Handbook

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








5.
In response to an order of court or administrative tribunal, but only to the extent required by the order;
In response to a subpoena, discovery request, or other lawful process, if the requesting party demonstrates
that it made a good faith attempt to notify YOU of the request;
To a law enforcement official, as required by law, pursuant to a warrant, subpoena, or other administrative
summons;
To a law enforcement official, upon request for the purpose of identifying or locating a suspect, fugitive,
material witness, or mission person;
To a law enforcement official, upon request, for identification of a victim of a crime, where YOU are unable
to consent, where such information is not intended to be used against YOU, where immediate law
enforcement activity depends upon the disclosure, and where the district GROUP HEALTH PLAN
determines that it is in YOUR best interest to make the disclosure;
To a law enforcement official, for the purpose of altering law enforcement of the death of the individual if
the District GROUP HEALTH PLAN has a suspicion that such death may have resulted from criminal
conduct;
To a law enforcement official, where the district GROUP HEALTH PLAN believes in good faith that the
PROTECTED HEALTH INFORMATION constitutes evidence of criminal conduct that occurred on the
premises of the district;
To a law enforcement official to avert a serious threat to health and safety.
To a coroner, medical examiner or funeral director as required by, or consistent with, applicable law;
To organ procurement organizations or other entities engaged in the procurement, banking, or transplantation
of cadaver organs, eyes, or tissue for the purpose of facilitating organ, eye or tissue donation and
transplantation;
To military, national security, and intelligence officials, as required by law;
Statement of Privacy Policy and Practices
It is the policy and practice of the district GROUP HEALTH PLAN to maintain YOUR PROTECTED
HEALTH INFORMATION confidential and to not use or disclose YOUR PROTECTED HEALTH
INFORMATION unless YOU authorize such use or disclosure, or such use or disclosure is permitted to
required by law as described in the “Permitted Uses and Disclosures of PROTECTED HEALTH
INFORMATION.” Any use or disclosure of YOUR PROTECTED HEALTH INFORMATION by the
District’s GROUP HEALTH PLAN, other than as listed in the “Permitted Uses and Disclosures of
PROTECTED HEALTH INFORMATION” and “Uses and Disclosures for Which YOUR Authorization is
Not Required” sections of this NOTICE, will only be made with YOUR prior written authorization. In
situations where YOU authorize the District’s GROUP HEALTH PLAN TO DISCLOSE your protected
health information, YOU may revoke that authorization. Such revocation must be in writing to the Contact
Person designated in this NOTICE. IF YOU provide proper written NOTICE of revocation of authorization,
the District’s GROUP HEALTH PLAN is bound by that revocation except to the extent that it has acted in
reliance on the authorization.
The District’s GROUP HEALTH PLAN has adopted appropriate administrative, technical and physical
safeguards to prevent unauthorized uses or disclosures of YOUR PROTECTED EHALTH INFORMATION.
6.
Provision of information to the PLAN SPONSOR:
The District’s GROUP HEALTH PLAN may disclose YOUR PROTECTED HALTH INFORMATION to
the PLAN SPONSOR. Disclosures of YOUR PROTECTED HEALTH 9INFORMATION to the PLAN
SPONSOR will be limited as needed for the PLAN SPONSOR to carry out its administrative responsibilities.
Information provided to the PLAN SPONSOR will not be used for the purpose of any employment-related
actions or decisions in connection with any other benefit or employee benefit plan of the PLAN SPONSOR.
7.
YOUR Rights Under the Health Insurance Portability and Accountability Act of 1996.
a.
Restrictions
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Employee Handbook
YOU have the right to request restrictions on how the District’s GROUP HEALTH PLAN uses or
discloses YOUR PROTECTED HEALTH INFORMATION. Such requests must be in writing to
the Contact Person designated in the NOTICE. The District’s GROUP HEALTH PLAN is not
bound by YOUR request, and may refuse to accept the requested restriction. If the District’s
GROUP HEALTH PLAN agrees to YOUR request for a restriction, the District’s GROUP
HEALTH PLAN will notify YOU IN WRITING of its acceptance of the restriction.
b.
Communication.
YOU may request to receive communications of YOUR PROTECTED HEALTH INFORMATION
by reasonable alternative means or at reasonable alternative locations, if disclosure of all or part of
that information could endanger YOU. Such request must be made in writing to the Contact Person
designated in this NOTICE, must specify how the alternative communication is to be made, and
must explain that the reasonable alternative means or reasonable alternative locations are requested
because disclosure of all or part of the information could endanger YOU.
c.
Right to Inspect
YOU have the right to inspect and/or copy YOUR PROTECTED HEALTH INFORMATION that is
maintained in a designated record set by the District’s GROUP HEALTHPLAN. A request to
inspect or copy must be made in writing to the Contact Person designated in this NOTICE. The
District’s GROUP HEALTH PLAN will act on YOUR request within 30 days of receipt. If the
District’s GROUP HEALTH PLAN grants YOUR request, YOU may be charged a reasonable fee
for copying and postage. If the district’s GROUP HEALTH PLAN denies YOUR request, the
District’s GROUP HEALTH PLAN will inform YOU in writing and will explain how YOU may
contest the denial.
d.
Right to Amend
YOU have the right to request an amendment of YOUR PROTECTED HEALTH INFORMATION
maintained by the District’s GROUP HEALTH PLAN. A request for an amendment of YORU
PROTECTED HEALTH INFORMATION must be made in writing to the Contact Person
designated in this NOTICE and must explain in sufficient detail the reason for the amendment. The
district’s GROUP HEALTH PLAN will act on the request for amendment writing 60 days of
receipt. If the District’s GROUP HEALTH PLAN denies YOUR request for amendment, the
District’s GROUP HEALTH PLAN will inform YOU in writing of the denial and will explain how
YOU may contest the denial.
e.
Right to an Accounting.
YOU have the right to request an accounting of all disclosures by the district’s GROUP HEALTH
PLAN of YOUR PROTECTED HEALTH INFORMATION in the six years prior to the date on
which the accounting is requested, or since April 14, 2003, whichever period is shorter. A request
for an accounting must be made in writing to the contact Person designated in this NOTICE. The
District’s GROUP HEALTH PLAN will provide an accounting of all disclosures of YOUR
PROTECTED HEALTH INFORMATION, except those that it is not required by law to disclose.
f.
Right to Receipt of this NOTICE
YOU have the right to receive a written copy of this NOTICE by requesting a copy from the
Contact Person designated in this NOTICE.
8.
This District GROUP HEALTH PLAN’S Duties
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Employee Handbook
The District’s GROUP HEALTH PLAN is required by law to maintain the privacy of PROTECTED
HEALTH INFORMATION and to provide individuals with NOTICE of its legal duties and privacy practices
with respect to PROTECTED HEALTH INFORMATION.
The District’s GROUP HEALTH PLAN will abide by the terms of the NOTICE in effect at the time action is
taken.
9.
Right to Change NOTICE
The District’s GROUP HEALTH PLAN reserves the right to change the terms of its NOTICE and to make
the new NOTICE provisions effective for all PROTECTED EHALTH INFORAMTION that it maintains. If
the district’s GROUP HEALTH PLAN revises its NOTICE in any substantive manner, the District’s GROUP
HALTH PLAN will notify YOU by regular mail of the revision. YOU may obtain a copy of the revised
NOTICE by requesting it from the Contact Person designated in this NOTICE.
10.
Complaint Procedure
YOU may complain to the District’s GROUP HEALTH PLAN and to the Secretary of the United States
Department of Health and Human Services if YOU wish to initiate a complaint with the district’s GROUP
HEALTH PLAN. YOU may do so by writing to the contact person designated in this NOTICE, stating the
grounds for YOUR complaint and the individual(s) or entity(ies) that YOU believe violated your PRIVACY
RIGHTS. The District’s GROUP HEALTH PLAN will investigate YOUR complaint and will take
appropriate action.
The District will not retaliate against YOU for filing a complaint, either with the district’s GROUP HALTH
PLAN or with the secretary of the United States Department of Heath and Human Services.
11.
Contact Person
The contact Person for the district’s GROUP HEALTH PLAN designated by this NOTICE is Human
Resource Administrator/HIPAA, 308 N. Olive Street, Media, PA 19063-2403; telephone number 610-6276000. In the event that YOUR complaint concerns actions by the contact Person, YOU may alternatively
contact the Privacy Officer: Director of Pupil Services. 308 N. Olive Street, Media, PA 19063-2403;
telephone number 610-627-6000.
12.
Effective Date
Effective date, April 14, 2003.
PROCEDURE FOR REPORTING SUSPECTED CHILD ABUSE
The Rose Tree Media School District is concerned with the welfare of each child and participates in the identification of
suspected abuse of children, in accordance with Pennsylvania State Law, Child Protective Services Law, Act 151 of 1994, the
following child abuse procedure is to be practiced.
Requirement to Report
School employees who in the course of their employment come into contact with children shall report or cause a
report to be made when they have reasonable cause to suspect, on the basis of their medical, professional, or other
training and experience, that a child coming before them in their professional or official capacity is an abused child.
Privileged communication between any professional person required to report and the patient or client of that person
shall not apply to situations involving child abuse and shall not constitute grounds for failure to report.
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Employee Handbook
Definition of Child Abuse
The term “child abuse” shall mean any of the following:
·
Any recent act or failure to act by a perpetrator which causes non-accidental serious physical injury to a child
under eighteen (18) years of age.
·
Any act or failure to act by a perpetrator which causes non-accidental serious mental injury to or sexual abuse or
sexual exploitation of a child under eighteen (18) years of age.
·
Any recent act, failure to act, or series of such acts or failures to act by a perpetrator which creates an imminent
risk of serious physical injury to or sexual abuse or sexual exploitation of a child under eighteen (18) year of age.
·
Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to
provide essentials of life, including adequate medical care, which endangers a child’s life or development or
impairs the child’s functioning.
No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental
factors that are beyond the control of the parent or person responsible for the child’s welfare, such as inadequate
housing, furnishings, income, clothing, and medical care.
Penalties for Failure to Report
“A person or official required by this chapter to report a case of suspected child abuse who willfully fails to do so
commits a summary offense for the first violation and a misdemeanor of the third degree for a second or subsequent
violation.”
“A person, hospital, institution, school, facility, agency or agency employee that participates in good faith in the
making of a report, cooperating with an investigation, testifying in a proceeding arising out of an instance of suspected
child abuse, the taking of photographs or the removal or keeping to a child pursuant to section 6315 (relating to taking
child into protective custody), and any official or employee of a county agency who refers a report of suspected abuse
to law enforcement authorities or provides services under this chapter, shall have immunity from civil and criminal
liability that might otherwise result by reason of those actions.”
Child Abuse Referral Procedures
A school employee, having reason to believe that a child coming before him in his professional or official capacity is
an abused child, will bring it to the attention of the principal or his designee, who will consult with the school nurse
and/or guidance counselor.
The nurse or counselor will examine or interview the child. They will examine the pupil on the same day that the
report of suspected child abuse is received. In some circumstances the principal/his designee may wish to call a
parent of the child to seek clarifying information.
After the pupil is examined and abuse is still suspected: the principal (or his designee), or the guidance counselor, or
the nurse shall complete and sign Form CY 47-5-86 and send it to Child Protective Services within 48 hours. The
principal will determine the “official” reporter to follow through with the case.
The official reporter will contact Children and Youth Services (610-891-4800) and CHILDLINE (1-800-932-0313)
and will be the liaison for follow-through. This should occur on the same day as the suspicion of abuse is established.
If the principal decides that it is in the best interest of the pupil to notify the parents of this referral, the counselor or
official reporter will telephone the parents, followed up by a written communication by the principal.
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Employee Handbook
Procedures for Special Circumstances
To determine the risk to the child, a Child Protective Services worker may ask to see the child in school. If a Child
Protective Services worker comes to the school, a staff member involved in reporting the case may be present in the
room during the interview, subject to mutual agreement by the agency representative, student and school personnel.
The law requires that authorized personnel be permitted to interview a student without prior parent permission.
On occasion, the Child Protective Services unit may contact a school requesting that the school nurse examine a child
about whom a suspected child abuse report has been received from another source. When deemed appropriate, the
School District will comply with this request, considering it a “health or safety emergency.”
PROCEDURE FOR REPORTING SUSPECTED STUDENT ABUSE
The Rose Tree Media School District is concerned with the welfare of each child and participates in the identification of
suspected abuse of children, in accordance with Pennsylvania State Law, Child Protective Services Law, Act 151 or 1994, the
following child abuse procedure is to be practiced.
Definition of Student Abuse/Requirement Report
“A school employee who has reasonable cause to suspect, on the basis of professional or other training and
experience, that a student coming before the school employee in the employee’s professional or official capacity is
victim of serious bodily injury or sexual abuse or sexual exploitation by a school employee shall immediately contact
the administrator. If the school employee accused is the administrator, the school employee shall immediately report
to law enforcement officials and the district attorney. The school employee may not reveal the existence or content of
the report to any other person.
Penalties for Failure to Report
“A school employee who willfully violates . . . (reporting requirement) . . . commits a summary offense.”
Confidentiality
“The school employee may not reveal the existence or content of the report to any other person.”
Immunity
“A school employee who refers a report under . . . (reporting requirement) . . . shall be immune from civil and
criminal liability arising out of the report.”
Student Abuse Reporting Procedure
A school employee having reasonable cause to suspect that student abuse has occurred will immediately file with the
Director of Pupil Services a report of suspected student abuse. This will be done on the “Employee Report of
Suspected Student Abuse Form.” If the school employee accused is the Director of Pupil Services the employee will
immediately report the incident directly to law enforcement and the Delaware County District Attorney.
Director of Pupil Services upon receiving the report will
(1)
Immediately inform local law enforcement and Delaware County District Attorney and give each
copy of the “Report of Suspected Student Abuse” form.
(2)
Director of Pupil Services will inform the Superintendent who will institute an internal investigation
as provided for in employee contracts and agreements.
Cooperation with Investigations
School employees will cooperate in all resulting investigations by Delaware County local law enforcement, Delaware
County District Attorney’s office and Children and Youth Services.
Definitions
“School employee” – An individual employed by a public or private school, intermediate unit or area vocationaltechnical school. The term includes independent contractor and employees. The term excludes an individual who has
no direct contact with students.
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Employee Handbook
“Student” – An individual enrolled in a public or private school, intermediate unit or area vocational-technical school
who is under 18 years of age.
“Required Report Concerning School Employees” – A school employee who has reasonable cause to suspect, on the
basis of professional or other training and experience, that a student coming before the school employee in the
employee’s professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation
by a school employee shall immediately contact the administrator. If the school employee accused is the
administrator, the school employee shall immediately report to law enforcement officials and the district attorney.
The school employee may not reveal the existence or content of the report to any other person.
“Administrator” – The person responsible for the administration of a public or private school, intermediate unit or area
vocational-technical school.
“Serious bodily injury” – Bodily injury which creates a substantial risk of death or which causes serious permanent
disfigurement of protracted loss or impairment of function of any bodily member or organ.
“Sexual abuse or exploitation” – The employment, use, persuasion, inducement, enticement or coercion of any child
to engage in or assist any other person to engage in any sexually explicit conduct, or any simulation of any sexually
explicit conduct, for the purpose of producing any visual depiction or any sexually explicit conduct, or the rape
molestation, incest, prostitution or other form of sexual exploitation of children.
“Founded report for school employee: - A report relating to students in public and private schools if there has been
any judicial adjudication based on a finding that the victim has suffered serious bodily injury or sexual abuse or
exploitation, including the entry of a plea of guilty or nolo contendere or a finding of guilt to a criminal charge
involving the same factual circumstances involved in the allegation of the report.
“Indicated report for school employee” – A report made relating to students in public and private schools if an
investigation by the county agency determines that substantial evidence of serious bodily injury or sexual abuse or
exploitation exists based on any of the following:
(1)
(2)
(3)
available medical evidence
the county agency’s investigation
an admission of the acts of abuse by the school employee
“”Substantial evidence” – Evidence which outweighs inconsistent evidence and which a reasonable person would
accept as adequate to support a conclusion.
“Unfounded report” – Any report made pursuant to this chapter unless the report is a ‘founded report’ or an ‘indicated
report.’
“Secretary of DPW” – The Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania or a
designated agent of the secretary.
“County agency” – The county children and youth social service agency established and supervised pursuant to the
Public Welfare Code.
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Employee Handbook
TAX-SHELTERED ANNUITIES
The Rose Tree Media School District adopted a new 403(b) Plan Document and appointed a Third Party Administrator,
Employer Admin Services, Inc. (EASI), to administer our 403(b) accounts. Employees can access forms and information
concerning TSA accounts at www.employeradmin.com.
Under this plan, an employee authorizes the district to deduct an amount from his/her pay and make regular payments to the
company for the purchase of an annuity in his/her behalf. These payments are not subject to Federal Income Tax until paid to
the employee in the form of an annuity, or are withdrawn by him/her prior to reaching annuity age.
Deductions for tax-sheltered annuities will be withheld from the first two pays in each month. (In months with three pay, no
deduction will be taken from the third pay.)
Employees having more than $10,000 withheld in a calendar year under the so-called “catch-up” provision of the code, must
have their annuity companies justify the extra withholding in writing each calendar year of the “catch-up.”
A Summary of the Rose Tree Media School District’s 403(b) Tax Sheltered Account Program
This Summary Plan Document (SPD) booklet is a brief description of the 403(b) Tax Sheltered Account (TSA) Plan and
program for our school district. A copy of the complete 403(b) Plan Document is available in the Business Office. All of our
school district employees, without exception, are eligible to participate in the district’s 403(b) TSA. We urge you to read
this booklet and familiarize yourself with its contents so you can take advantage of a benefit that is authorized by the Internal
Revenue Service and made available to you through your school district. The Internal Revenue Service permits employers to
include or exclude various optional provisions in the district’s 403(b) TSA Plan Document. The list of our district’s available
optional provisions is contained in APPENDIX A.
What is a 403(b) Tax Sheltered Account?
403(b) is a section of the IRS Code that permits the establishment of Tax Sheltered Accounts (TSA) for school employees to
supplement their retirement income. A 403(b) TSA allows you to voluntarily set aside money from each paycheck to be put
into a tax‐ deferred account. It’s called an “elective deferral;” you notify the payroll office, by completing the Salary
Reduction Agreement at the back of this SPD, that you wish (“elective”) to have funds taken out of your pay (“deferral”) and
contributed to your 403(b) TSA. You may begin your contribution, change the amount of your contribution, or stop your
contribution at any time. All school employees are eligible to participate in the district’s 403(b) TSA program, including
substitute teachers, part‐ time employees and periodic employees. (NOTE: Those employees who receive a regular bi‐ weekly
pay check may select either a fixed dollar amount per pay or a percentage of pay to be contributed to their 403(b) TSA. Any
employee who works variable hours or who does not have a regular bi‐ weekly paycheck must select a percentage of pay.) The
funds withheld from your paycheck are then invested with a 403(b) provider that you choose from our list of approved
companies (see APPENDIX B). You control how your funds are invested by consulting with a representative from the
investment provider you select. Saving for retirement with a TSA is convenient and easy to do!
Why should you participate in a 403(b) TSA program?
Retirement Income
First: It reduces your current income taxes. It is the first tax shelter that nearly every tax professional recommends.
Second: It provides for tax‐ deferred growth. Instead of paying income taxes on your bank interest earnings, all of your
contributions, and the earnings on those contributions, are tax deferred until you take out the money. That will usually be after
retirement when you will most likely be in a lower tax bracket.
Third: It supplements other retirement benefits, like your personal savings, Social Security and the PA School Employees
Retirement System (PSERS). Who knows if any of us will get all the Social Security we’re entitled to, given the budget
shortfall of Social Security and Medicare? And, even though PSERS is one of the best retirement systems, you still have to live
on the amount of that check from PSERS for the rest of your life. And many of today’s employees will live longer retired than
they worked. It is not uncommon for people to live to their late 80’s, 90’s or even 100. In fact, 20% of current PSERS retiree’s
are 80 and above and nearly 200 PSERS retirees are above 100. Considering future scientific and medical advances, that
PSERS check may have to last you 30 years or more. You need to supplement it with your TSA, which should reflect any
economic growth during your career and retirement years.
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Employee Handbook
How does a 403(b) TSA work?
Here’s a simplified example of how a 403(b) TSA defers your taxes. Let’s assume you’re married and your adjusted gross
income is $70,000. By putting just $50 a pay into your TSA your Federal tax bill will be reduced by $325. And, any taxes on
earnings are deferred until you withdraw your money. You’ll have $1,300 (plus any earnings) put away for retirement, and will
have paid $325 less to Uncle Sam. Because of the tax advantage, putting $50/pay into a TSA will only reduce take home pay
by about $37.50.
NOTE: For low and moderate income employees, the IRS offers the Savers Credit: a tax credit for contributing to a 403(b)
TSA. Talk to one of the representatives of our approved companies (See APPENDIX B) if you think you might qualify for this
credit.
How much can you contribute to your 403(b) TSA?
The maximum amount you can contribute for 2009 is shown in this box. Everyone can contribute up to $16,500 or 100% of
salary if you make less than $16,500. Beginning on January 1 of the year you turn 50, you may contribute an additional $5,500,
each year. If you’re able and desire to contribute more than the maximum, refer to APPENDIX A to see if the district offers a
457 Deferred Compensation program. If a 457 Plan is available, then all employees would be allowed to contribute similar
amounts to that tax sheltered program.
When can I get my money out of my 403(b) TSA?
You may request a distribution when you retire, terminate your employment with the employer, or become disabled.
Distributions prior to age 59 ½ may be subject to a 10% IRS tax penalty; however, if you separate service and are age 55 you
may withdraw your funds without incurring an IRS penalty. If you do not request a distribution, IRS regulations require that
you begin distributions at age 70 ½ or upon retirement, if later. You should check with your investment provider representative
to see if you are subject to any contractual withdrawal fees from the investment program you’ve selected. In the event of your
death, 100% of your account balance is payable to your designated beneficiary.
When should you start contributing to your TSA?
The longer you wait to save, the more money you will need to save later. This chart compares two 25 year olds who both
contribute $200 a month (or $2,400 per year) to a TSA and receive an 8% annual effective rate of return. Joy contributes for 10
years and then stops. Ed waits 10 years before getting started at age 35 and then contributes every year until retiring at age 62.
Even though Ed contributes more money than Joy, his savings will never catch up with hers because his money has earned
interest for 27 years compared to Joy’s 37. This is due to the power of compounding your interest for long periods of time. This
example clearly illustrates that investing is most advantageous when you get started as early in your career as possible.
Where can I invest my 403(b) TSA contributions?
There are several investment providers available to you; however 403(b) TSA accounts may only be invested in fixed and
guaranteed annuities, variable annuities, and mutual funds under a custodial agreement.
The list of all of the district approved investment providers for your 403(b) TSA appears in APPENDIX B.
Under IRS 403(b) regulations, our district employees may only invest their 403(b) TSA funds with the investment providers
listed in APPENDIX B as long as the employee remains with our district. Fees associated with your investments will vary
based on the investment provider you select. Refer to the prospectus and other materials provided by the investment providers
for more information on any fees. Typical fees of the investment providers include:
• Recordkeeping fees (may be charged annually or quarterly)
• Investment management and administration fees
• Front‐ end or Back‐ end load charges
• Distribution fees
Before investing, you should carefully consider the investment objectives, risks, and charges and expenses of the mutual funds
or annuity contracts available under your employer’s plan. Also, an investment in a mutual fund or variable annuity involves
risk, including loss of principal, and is not a deposit or obligation of, or guaranteed by any bank. The investment return and
principal value of an investment in a mutual fund or variable annuity will fluctuate so that you may have a gain or loss at
redemption.
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Employee Handbook
What company is administering the district 403(b) TSA Program?
Employer Admin Services, Inc.
11440 N. Jog Road
Palm Beach Gardens, FL 33418
Toll Free: 1-866-425-7991
www.employeradmin.com
Third Party Administrator (TPA):
The district has chosen Employer Admin Services, Inc. as the third party administrator because of their experience and
reliability. They employ a full service flexible technology platform that provides secure Internet access by both employers and
employees. You can get immediate answers to your questions regarding all contributions and transaction processing requests,
as well as access all necessary forms on their website www.employeradmin.com. (NOTE: The TPA charges no fees to
employees. There may be fees associated with your investment that your investment provider and/or investment fund may
charge as indicated in the previous section.)
How do you get your 403(b) started?

Contact one of the investment provider representatives listed in APPENDIX B of this SPD to open a TSA account.

Remove and complete the Salary Reduction Agreement in the back of the SPD, download a copy from the EAS website:
www.employeradmin.com, or obtain a copy from your payroll office.

Complete and turn the Salary Reduction Agreement into the district payroll office.
APPENDIX A
Optional Provisions Included in our district’s 403(b) TSA Plan
Eligibility
Under our 403(b) TSA Plan document, all of our school employees, without exception, are immediately eligible to make
contributions under our 403(b) TSA Plan. This includes full time employees, part-time employees, substitute teachers, periodic
employees and any other employee that will receive compensation reported on the IRS W-2 Wage and Tax Statement form.
Changing Your Investment Provider
Exchanges
Our 403(b) TSA Plan does permit exchanges. An “exchange” is defined by the IRS as moving your 403(b) TSA account
from one of our approved investment providers to another of our approved investment providers, as listed in APPENDIX B.
Under IRS 403(b) TSA regulations, you may only invest your 403(b) TSA funds with the investment providers listed in
APPENDIX B, as long as you are employed by our district.
Transfers
Our 403(b) TSA Plan does permit transfers, both into our plan and out of our plan. A “transfer” is defined by the IRS as
moving your 403(b) TSA account from one employer’s 403(b) TSA Plan to another employer’s 403(b) TSA Plan when you
change employment. If you have a 403(b) TSA with a previous employer, and that employer’s 403(b) TSA Plan permits
transfers out of their 403(b) TSA Plan, you may transfer the account with the previous employer to our 403(b) TSA Plan.
However, you must transfer the account to one of our district approved investment providers listed on APPENDIX B. If you
leave employment with our district, you may transfer your account to a subsequent employer’s 403(b) TSA (if that employer’s
403(b) TSA Plan allows for incoming transfers) or you may rollover your account (see below).
Rollovers
As required by IRS regulations, our 403(b) TSA Plan does permit rollovers. A “rollover” is defined by the IRS as moving
your 403(b) TSA account upon the occurrence of a “distributable event” (age 59 ½, death, disability, separation from service,
etc.). Once you leave employment with our district, (or upon another distributable event) you are permitted to rollover your
403(b) TSA account to any other IRS permitted account, such as an IRA. To begin the process for an exchange, transfer or
rollover, meet with the representative of the investment provider you wish to move your account to, open an account with that
new provider and complete the necessary paperwork the new provider requires. [NOTE: There may be fees associated with
investing with the new investment provider and/or fees associated with withdrawing funds from the previous investment advisor
(surrender charges, etc.). Be sure you obtain, understand and accept any fees the new, and previous, investment providers are
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Employee Handbook
charging.] Then, download and complete a Transaction Authorization Form from the district’s TPA website
(www.employeradmin.com) (or obtain a copy from the payroll office). Transmit the completed Transaction Authorization Form
along with other documentation to the TPA.
Loans
Our 403(b) TSA Program does permit you to borrow funds from your 403(B) TSA; however, you need to check with your
investment provider to determine if your investment provider permits loans. To begin the process, download a Transaction
Authorization Form from the district’s TPA website (www.employeradmin.com) (or obtain a copy from the payroll office); then
meet with the representative of your investment provider. Transmit the completed Transaction Authorization Form along with
other documentation to the TPA. Loans are subject to IRS regulations and Section 4 of the school district’s 403(b) Plan
Document.
Financial Hardship Distributions
Our 403(b) TSA Program does permit you to apply for a Hardship Distribution from your 403(B) TSA. To begin the
process, download a Transaction Authorization Form from the district’s TPA website (www.employeradmin.com) (or obtain a
copy from the payroll office); then meet with the representative of your investment provider. Transmit the completed
Transaction Authorization Form along with other documentation to the TPA. Hardship Distributions are subject to IRS
regulations and Section 5 of the school district’s 403(b) Plan Document.
Roth 403(b)
Our 403(b) TSA Program does permit you to contribute to a Roth 403(b). Like a Roth IRA, Roth 403(b) contributions do
not tax shelter current income; they are funded with after‐ tax dollars. One advantage of a Roth is the earnings grow tax free;
there are no taxes on withdrawals from a Roth 403(b) if all of the Roth and 403(b) rules are followed. The maximum annual
contribution for a Roth 403(b) is combined with the traditional 403(b) TSA: In 2009, $16,500 and $5,500 for the age 50 catchup. For example: if you’re under 50 years of age, you could contribute $9,000 to a traditional 403(b) TSA and up to $7,500 to a
Roth 403(b). Contact one of the investment providers listed in APPENDIX B for more information about the Roth 403(b).
Roth 403(b) contributions are subject to IRS regulations and Section 2.2 (b) and Section 10 of the school district’s 403(b) Plan
Document.
457(b) Deferred Compensation Plan
While not part of our district’s 403(b) TSA Plan Document and program, the district does permit employees to contribute to
a 457(b) Deferred Compensation Program. A 457(b) Plan is similar in operation to a 403(b) TSA in that:




It allows for a voluntary payroll salary reduction program, i.e., an elective deferra
All contributions are federal income tax sheltered
FICA, state & local taxes are paid when contribution is made
Income taxes on contributions and earnings are deferred until withdrawn
One major difference is if you separate from service with the district, you can withdraw your funds without a 10% penalty,
regardless of your age. What’s good about the 457(b) program is that school employees are now permitted to participate in
both 403(b) TSA and 457(b) plans; there’s no longer any offset. And the contribution limits are the same as the 403(b) TSA:
Up to 100% of salary or $16,500 in 2009, and the same catch‐ up contributions for aged 50+ ($5,500 in 2009). There’s also a
special catchup available in your final 3 years of service with the district that you may be eligible for. So, if you want to
maximize your tax shelters, and you’re under age 50, you can contribute $16,500 to your 403(b) and $16,500 to a 457(b), for a
total tax shelter of $32,000. If you’re age 50 or above, you can tax shelter up to $42,000.
APPENDIX B
Authorized Investment Providers This 403(b) TSA Plan
AXA EQUITABLE LIFE INS CO
800-628-6673
COMMONWEALTH ANNUITY & LIFE
800-533-7881
ING LIFE INS & ANN CO
800-369-5303
LINCOLN INVESTMENT PLANNING
800-242-1421
MASSACHUSETTS MUTUAL LIFE
800-272-2216
KADES MARGOLIS CORP-MONEY BY DES. 800-433-1828
METLIFE INVESTORS INS CO
SECURITY BENEFIT
SYMETRA LIFE INS CO
THE VAR. ANN. LIFE INS.
VANGUARD
54
800-560-5001
800-888-2461
800-796-3872
800-448-2542
800-662-2003
Employee Handbook
Salary Reduction Agreement for 403(b) Programs
Part 1. Employee Information:
Name: ______________________________________________________________
SS#:____________________________________________
Address: ______________________________________________________________________________________________
Home Phone: ______________________ Date of Birth: ________________________ Date of Hire: ___________________
Part 2. Agreement:
The above named Employee elects to become a participant of the _______________________________ (Employer Name)
403(b) Plan and agrees to be bound by all the terms and conditions of the plan. By executing this agreement employee
authorizes the employer to reduce his or her compensation and have that amount contributed as an elective deferral and/or as a
salary reduction contribution to the Roth 403(b) option if permitted in the plan, on his or her behalf into the annuity or
custodial accounts as selected by the employee. It is intended that the requirements of all applicable state or federal income tax
rules and regulations (Applicable Law) will be met. The Employee understands and agrees to the following:
1) this Salary Reduction Agreement is legally binding and irrevocable with respect to amounts paid or available while this
agreement is in effect;
2) this Salary Reduction Agreement may be terminated at any time for amounts not yet paid or available, and that a termination
request is permanent and remains in effect until a new Salary Reduction Agreement is submitted; and
3) this Salary Reduction Agreement may be changed with respect to amounts not yet paid or available in accordance
with the Employer’s administrative procedures.
Employee is responsible for providing the necessary information at the time of initial enrollment and later if there are any
changes in any information necessary or advisable for the employer to administer the plan. Employee is responsible for
determining that the salary reduction amount does not exceed the limits set forth in applicable law and for selecting annuities or
custodial accounts. Furthermore, Employee agrees to indemnify and hold Employer harmless against any and all actions,
claims and demands whatsoever that may arise from the purchase of annuities or custodial accounts. Employee acknowledges
that Employer has made no representation to Employee regarding the advisability, appropriateness or tax consequences of the
purchase of the annuity and/or custodial account described herein. Employee agrees Employer shall have no liability
whatsoever for any and all losses suffered by Employee with regard to his/her selection of the annuity and/or custodial account.
Nothing herein shall affect the terms of employment between Employer and Employee. This agreement supersedes all prior
salary reduction agreements and shall automatically terminate if Employee’s employment is terminated.
Employee is responsible for setting up and signing the legal documents to establish an annuity contract or custodial account.
However, in certain group annuity contracts, the Employer is required to establish the contract.
Employee is responsible for naming a death beneficiary under annuity contracts or custodial accounts. Employee acknowledges
that this is normally done at the time the contract or account is established and reviewed periodically.
Employee is responsible for all distributions and any other transactions with vendor. All rights under contracts or accounts are
enforceable solely by Employee, Employee beneficiary or Employee’s authorized representative. Employee must deal directly
with the vendor to make loans, transfers, apply for hardship distributions, begin regular distributions, or any other transactions.
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Employee Handbook
Part 3. Representation by Employee for Calendar Year:
A.
Participation in other employer plans: (you must check only one)
_______ I do not and will not have any other elective deferrals, voluntary salary reduction contributions, or nonelective contributions with any other employer.
_______ I do participate in another employer’s 403(b), 401(k), SIMPLE IRA/401(k), or Salary Reduction SEP. The
following information pertains to all of my other employers for the current calendar year: Includible Earnings
$_________; Elective Deferrals and/or salary reduction contributions to a Roth 403(b) or Roth 401(k) plan
$__________; Non-elective Contributions $__________.
B.
I have not received a Hardship Distribution from a plan of this Employer within the last six months. I further agree to
provide notification to the employer prior to initiating a request, if I plan to elect a hardship distribution during the
term of this agreement.
C.
Maximum Elective Deferral or Roth 401(k)/403(b) salary reduction contribution: (you must check only one)
_______ My elective deferral/salary reduction contribution does not exceed the Basic Limit (the lesser of my
includible compensation or $16,500).
_______ My elective deferral exceeds the Basic Limit, however; I certify I am eligible for the additional Age 50
Catch-up of $5,500.
Part 4. Voluntary Salary Reduction Information: (Check all that apply)
Initiate new salary reduction
Please complete Part 5.
Change salary reduction
This is notification to change the amount of my elective deferral to the new
amount listed in Part 5.
Change Funding Vehicle Vendor
This is notification to change my Funding Vehicle – Complete Part 5.
Discontinue salary reduction
Please discontinue my elective deferral to the following Funding Vehicle:
__________________________________________________.
Implementation Date (next available pay on or after): _________________________________________.
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Employee Handbook
Part 5. Funding Vehicle & Amount of Pre-Tax Elective Deferrals:
1.
Contribution Per Pay Period (select one)
_____________ % or
Funding Vehicles (annuity contracts or custodial accounts)
$_____________
2.
_____________ % or
$____________
3.
_____________ % or
$ ___________
Part 5a. Funding Vehicle & Amount of After-Tax Salary Reduction Contributions to the Roth 403(b):
1.
Amount Per Pay (select one)*
_____________ % or
Funding Vehicles (annuity contracts or custodial accounts)
$_____________
2.
_____________ % or
$____________
3.
_____________ % or
$ ___________
* NOTE: Any employee who works variable hours or who does not have a regular bi-weekly paycheck must select “%
of pay.”
Part 6. Employee Signature
I certify that I have read this complete agreement and provided the information necessary for the employer to administer the
plan and that my salary reductions will not exceed the elective deferral or contribution limits as determined by Applicable Law.
I understand my responsibilities as an Employee under this Program, and I request that Employer take the action specified in
this agreement. I understand that all rights under the annuity or custodial account established by me under the Program are
enforceable solely by my beneficiary, my authorized representative or me. I understand that certain information about my
403(b) account is necessary to properly maintain and administer my account under the 403(b) plan. I authorize the holder of
that information to make it available to the plan sponsor, the administrator of the plan and/or their representative(s) so long as
the information is used exclusively for purposes of complying with legal and regulatory requirements and proper
administration of the plan and my account there under.
Employee Signature: _______________________________________________________________ Date: _______________
Part 7. Employer Signature
Employer hereby agrees to this Salary Reduction Agreement:
Employer Signature: ___________________________ Title: __________________________ Date:_____________________
Part 8. Representative Signature
Signature: ________________________________Company Name: _________________________ Date:________________
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Employee Handbook
TITLE IX – NON DISCRIMINATORY NOTICE
Rose Tree Media School District is an Equal Employment Opportunity Employer. Rose Tree Media School District does not
discriminate on the basis of gender, race, religion, ethnicity or any other form of illegal discrimination in its educational
program or in its hiring practices. Those wishing to make inquiries to RTMSD concerning the application of Title IX and its
implementing regulations may contact the district Title IX coordinator or the Office of civil Rights.
Title IX Officer:
Anne Callahan
Director of Human Resources
Rose Tree Media School District
308 N. Olive Street
Media, PA 19063
610-627-60000
Office of Civil Rights
Office of Civil Rights, Philadelphia Office
U.S. Department of Education
The Wanamaker Building
100 Penn Square East, Suite 515
Philadelphia, PA 19107
215-656-8541 – Fax: 215-656-8605
TDD: 215-656-8604
E-mail: OCR.Philadelphia@ed.gov
TUITION REIMBURSEMENT PROCEDURES
Teachers
The following are the procedures to follow when applying for tuition reimbursement from Rose Tree Media School District:
Submit tuition reimbursement request form to your principal prior to taking the course. The principal’s office will
forward the form to Personnel. Deadlines for submission are as follows:
Fall courses
Winter/Spring courses
Summer courses
- October 1
- February 1
- June 1
NOTE: Pre-approval forms do not replace the tuition reimbursement form (see contract).
Allowances for reimbursement will be calculated according to the procedures outlined in the agreement.
Reimbursement will be paid only after a paid receipt from the college and an official transcript has been received.
Please request a paid receipt at the time tuition payment is made. Deadlines for submission of receipts and transcripts
are as follows:
Fall courses
Winter/Spring courses
Summer courses
- January 31
- June 30
- September 30
Reimbursement will be made for tuition only. Rose Tree Media School District does not reimburse for fees.
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Employee Handbook
TUITION REIMBURSEMENT PROCEDURES
Secretary/Support Staff
Tuition reimbursement will be paid to association members on a first come, first served basis to an individual maximum equal
to the cost of three undergraduate credits at Penn State University Main Campus. The annual budget for tuition reimbursement
will be as follows:
2008-2009
2009-2010
2010-2011
2011-2012
$6,000
$6,500
$7,000
$7,500
There will be no roll-over of any remaining funds from one year into the next year.
All applicants will receive full or partial reimbursement for the first course taken each school year depending on total requests
made. Requests must be submitted by January 31st of each school year. If total requests exceed annual fund maximum, an
average of all requests made will determine reimbursement amount to each applicant. Remaining annual funds will be divided
equally among those applicants applying for additional courses during the school year then in effect.
The following are the procedures to follow to apply for tuition reimbursement:
Prior to starting the course, the employee must complete a Tuition Reimbursement Request and submit it to his/her
principal or supervisor and forward to the Human Resource Office for processing.
Human Resource Office will review for appropriateness and approve request and forward to the Superintendent for
approval. A copy of the approved request will be returned to the employee.
Upon completion of the course, employee must submit a paid receipt and verification of satisfactory completion of the
course to the Human Resource Office. In the case of a college course, this verification must be an official college
transcript and satisfactory completion means a grade of C or better. Only after receipt of this paperwork, will the
Human Resource Office process the tuition reimbursement request for payment.
Tuition reimbursement covers tuition only and will not reimburse the cost of registration, books or other fees required
by the school.
Course Criteria: The course must have a relation to the work the employee is currently doing for Rose Tree Media
School District or may do in the future for Rose Tree Media School District.
PROFESSIONAL STAFF PAY SCHEDULE
The professional staff shall be paid over a 12 month (26 pay) schedule with the final pay in the month of June to include the
amounts for July and August. The actual pay dates will be published on a yearly schedule prior to the beginning of each school
year.
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Employee Handbook
WORK-RELATED INJURIES – Reporting Requirements
Any employee who sustains a work-related injury is reminded to report that injury immediately to the department supervisor.
After a work-related injury has been reported, the proper contact person for all claims information is:
Anne D. Callahan, Director of Human Resources
610-627-6040
or
Barbara Harmon, Benefits Clerk
610-627-6037
Your employer’s Workers’ Compensation Carrier is AmeriHealth Casualty Services, Inc., 1717 Arch Street, 45th Floor,
Philadelphia, PA 19103.
REMEMBER, IT IS IMPORTANT TO TELL THE EMPLOYER ABOUT THE INJURY.
Medical Treatment
Any employee who sustains a work-related injury is obligated to treat with one of the designated health care providers set forth
on the attached list for a period of ninety (90) days from the date of first treatment.
After ninety (90) days, you are permitted to continue treatment with a designated provider, or to begin treatment with a nondesignated provider of your choice. However, if you elect to treat with a non-designated provider, please be advised that your
medical bills will be paid only if: (a) you notify the employer of this action or choice within five (5) days of your visit to the
non-designated provider; and (b) your provider files reports as required. These reports must be filed within ten (10) days after
your visit to the new provider and at least once a month thereafter, for as long as the treatment continues.
PLEASE NOTE THAT FAILURE TO TREAT WITH A DESIGNATED PROVIDER FOR THE FIRST NINETY (90)
DAYS SHALL RELIEVE THE EMPLOYER OF RESPONSIBILITY FOR PAYMENT OF MEDICAL BILLS
INCURRED DURING THAT PERIOD. ALSO, FAILURE OF ANY NON-DESIGNATED PROVIDER TO PROVIDE
REPORTS SHALL RELIEVE THE EMPLOYER OF RESPONSIBILITY FOR PAYMENT OF MEDICAL BILL
UNTIL THE APPROPRIATE REPORT IS FILED.
PENNSYLVANIA WORKERS’ COMPENSATION ACT – Section 306 (f.1)(1)(1)
The employer shall provide payment in accordance with this section for reasonable surgical and medical services, services
rendered by physicians or other health care providers, medicines and supplies, as and when needed. Provided an employer
establishes a list of at least six designated health care providers, no more than two of whom may be a coordinated care
organization and no fewer than three of whom shall be physicians, the employee shall be required to visit one of the physicians
or other health care providers so designated and shall continue to visit the same or another designated physician or health care
provider for a period of ninety (90) days from the date of the first visit. Provided, however, that the employer shall not include
on the list a physician or other health care provider who is employed, owned or controlled by the employer or the employer’s
insurer unless employment, ownership or control is disclosed on the list. Should the employee not comply with the foregoing,
the employer will be relieved from liability for the payment for the services rendered during such applicable period. It shall be
the duty of the employer to provide a clearly written notification of the employee’s rights and duties under this section to the
employee. The employer shall further ensure that the employee has been informed and that he understands these rights and
duties. This duty shall be evidenced only by the employee’s written acknowledgment of having been informed and having
understood his rights and duties. Any failure of the employer to provide and evidence such notification shall relieve the
employee from any notification duty owed, notwithstanding any provision of this act to the contrary, and the employer shall
remain liable for all rendered treatment. Subsequent treatment may be provided by any health care provider of the employee’s
own choice. Any employee who, next following termination of the applicable period, is provided treatment from a nondesignated health care provider shall notify the employer within five (5) days of the first visit to said health care provider.
Failure to so notify the employer will relive the employer from liability for the payment for the services rendered prior to
appropriate notice if such services are determined pursuant to paragraph six (6) to have been unreasonable or unnecessary.
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Employee Handbook
ROSE TREE MEDIA SCHOOL DISTRICT
WORKERS’ COMPENSATION PROGRAM: DESIGNATED HEALTH CARE PROVIDERS
THE FOLLOWING PROCEDURE MUST BE FOLLOWED IN CASE OF WORK RELATED INJURY OR ILLNESS:
A.
IMMEDIATELY REPORT THE INJURY TO YOUR SUPERVISOR.
Any injury you sustain at work must be reported immediately to your supervisor. Failure to do so may delay
your benefits or cause you to lose your rights to benefits. Supervisors must promptly report injuries to the
appropriate personnel office.
B.
OBTAIN MEDICAL CARE FROM A PROVIDER LISTED BELOW.
Provider
1. Anthony Mela, DO
Address
Crozer Centers For OccHealth Urgent Care @ Park
Care, 8 Morton Avenue #206, Ridley Park. PA 19078
Crozer Centers For OccHealth, 196 West Sproul Road
#110, Springfield, PA 19064
Phone
Number
Specialty
610-595-6811
OCCUPATIONAL
MEDICINE
3. Charles Roman, MD
WorkNet, 100 Diplomat Dr., Lester, PA 19113
610-521-6880
OCCUPATIONAL
MEDICINE
OCCUPATIONAL
MEDICINE
4. Doctors Express
737 West Chester Pike, Havertown, PA 19083
610-853-9900
URGENT CARE
5. Joseph R. Schneider, DC
477 Baltimore Pike Springfield, PA 19064
610-544-9800
CHIROPRACTIC
6. Express Dental Care
For the nearest location, please call the toll free number.
888-539-0577
DENTIST
7. Progressive Medical, Inc.
For the nearest location, please call the toll free number.
800-777-3574
DURABLE MEDICAL
EQUIPMENT
8. Robert W. Frederick, MD
Rothman Institute, 1118 W. Baltimore Pike, Media, PA
19063
267-339-3776
ORTHOPEDIC
SURGERY
Rothman Institute, 1118 W. Baltimore Pike, Media, PA
19063
267-339-3776
SPORTS MEDICINE
Rothman Institute, 830 Old Lancaster Rd, #201, Bryn
Mawr, PA 19010
267-339-3776
ORTHOPEDIC
SURGERY
Liberty Orthopedic Sports Medical Associates 1 Bartol
Avenue, Ridley Park, PA 19078
610-565-6780
ORTHOPEDIC
SURGERY
Premier Orthopedics, 300 Evergreen Drive, Suite 200,
Glen Mills PA 19342
610-876-0347
ORTHOPEDIC
SURGERY
13. National Pharmaceutical
Services (NPS)
for the nearest location, please call the toll free number
800-546-5677
PHARMACY
14. Universal Smart Comp
For the nearest location, please call the toll free number.
877-362-3391
PHYSICAL THERAPY
15. NovaCare Rehabilitation
For the nearest location, please call the toll free number.
800-770-6682
PHYSICAL THERAPY
16. Raytel Imaging
For the nearest location, please call the toll free number.
800-453-0574
RADIOLOGY
17. Crozer-Chester Medical
Center
1 Medical Center Blvd., Upland, PA, 19013
610-447-2000
(FOR EMERGENCY
SERVICES ONLY)
610-566-9400
(FOR EMERGENCY
SERVICES ONLY)
2. Susan Dornstein, DO
(All Providers and All Locations)
9. Christopher J. Mehallo, DO
(All Providers and All Locations)
10. Christopher C. Dodson, MD
(All Providers and All Locations)
11. Armando Mendez, MD
(All Providers and All Locations)
12. James M. Zurbach, MD
(All Providers and All Locations)
18. Riddle Memorial Hospital
1068 West Baltimore Pike, Media, PA 19063
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610-328-8760
HOSPITAL
HOSPITAL
Employee Handbook
C.
MEDICAL EMERGENCY:
If you are faced with a medical emergency, you may secure initial emergency treatment from any emergency
facility. However, any follow-up care to the emergency treatment must be with a designated health care provider.
D.
IF YOU CHOOSE TO TREAT WITH AN OUT OF STATE PROVIDER, YOU MAY BE SUBJECT TO
BALANCE BILLING.
E.
FOR MEDICAL TREATMENT TO BE PAID BY YOUR EMPLOYER:
1.
2.
3.
4.
You must select one of the physicians or physician groups listed above.
You must continue to visit one of the physicians listed above or any specialist to which that provider refers
you, if you need treatment, for Ninety (90) days from the date of your first visit. This requirement is in
conformance with the Pennsylvania Workers’ Compensation Act, Section 306 (F) (1) (i)
After Ninety (90) days, if you still need treatment, you may continue with the same physician or you may
choose to go to another physician or health care provider for treatment. If you decide to go to another
provider, you must notify your employer of this action within five (5) days of your visit.
Your bills will be paid if your physician or health care provider reports as required (within ten days after your
first visit and at least once a month as long as treatment continues). You must notify the new provider that
these reports are to be submitted to the following address:
AmeriHealth Casualty Services
1717 Arch Street, 45th Floor
Philadelphia, PA 19103
07/15/2011
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Employee Handbook
WHEN YOU TERMINATE EMPLOYMENT - CONTINUATION OF COVERAGE PROVISIONS – COBRA
COBRA continuation coverage may become available to you and your family. The following is important information
about what you need to do to protect the right to receive it.
The right to COBRA continuation coverage was created by a federal law, the Consolidated Omnibus Budget Reconciliation Act
of 1985 (COBRA). COBRA continuation coverage can become available to you when you would otherwise lose your group
health coverage. It can also become available to other members of your family who are covered under the Plan when they
would otherwise lose their group health coverage. For additional information about your rights and obligation under the Plan
and under federal law, you should review the Plan’s Summary Plan Description or contact the Plan Administrator.
What is COBRA Continuation Coverage:
COBRA continuation coverage is a continuation of Plan coverage when coverage would otherwise end because of a life event
known as a “qualifying event.” Specific qualifying events are listed later. After a qualifying event, COBRA continuation
coverage must be offered to each person who is a “qualified beneficiary.” You, your spouse, and your dependent children could
become qualified beneficiaries if coverage under the Plan is lost because of the qualifying event. Under the Plan, qualified
beneficiaries who elect COBRA continuation coverage must pay for COBRA continuation coverage.
If you are an employee, you will become a qualified beneficiary if you lose your coverage under the Plan because either one of
the following qualifying events happens:
 Your hours of employment are reduced, or
 Your employment ends for any reason other than your gross misconduct.
If you are the spouse of an employee, you will become a qualified beneficiary if you lose your coverage under the Plan because
any of the following qualifying events happen:
 Your spouse dies
 Your spouse’s hours of employment are reduced
 Your spouse’s employment ends for any reason other than his or her gross misconduct
 You spouse becomes entitled to Medicare benefits (under Part A, pat B, or both); or
 You become divorced or legally separated from your spouse
Your dependent children will become qualified beneficiaries if they lose coverage under the Plan because any of the following
qualifying events happens:
 The parent-employee dies
 The parent-employee’s hours of employment are reduced
 The parent-employee’s employment ends for any reason other than his or her gross misconduct
 The parent-employee becomes entitled to Medicare benefits (Part A, Part B, or both)
 The parent becomes divorced or legally separated; or
 The child stops being eligible for coverage under the plan as a “dependent child.’
When is COBRA coverage Available?
The Plan will offer COBRA continuation coverage to qualified beneficiaries only after the Plan Administrator has been notified
that a qualifying event has occurred. When the qualifying event is the end of employment or reduction of hours of employment,
death of the employee, or the employee’s becoming entitled to Medicare benefits (under Part A, Part B, or both), the employee
must notify the Plan Administrator of the qualifying event.
You Must Give Notice of Some Qualifying Events
For the other qualifying events (divorce or legal separation of the employee and spouse or a dependent child’s losing eligibility
for coverage as a dependent child), you must notify the Plan Administrator within 60 days after the qualifying event occurs.
You must provide this notice to: Anne D. Callahan, 610-672-6040.
How is COBRA Coverage Provided?
Once the Plan Administrator receives notice that a qualifying event has occurred, COBRA continuation coverage will be offered
to each of the qualified beneficiaries. Each qualified beneficiary will have an independent right to elect COBRA continuation
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Employee Handbook
coverage. Covered employees may elect COBRA continuation coverage on behalf of their spouses, and parents may elect
COBRA continuation coverage on behalf of their children.
COBRA continuation coverage is a temporary continuation of coverage. When the qualifying event is the death of the
employee, the employee’s becoming entitled to Medicare benefits (under Part A, Part B, or both), your divorce or legal
separation, or a dependent child’s losing eligibility as a dependent child, COBRA continuation coverage lasts for up to a total of
36 months. When the qualifying event is the end of employment or reduction of the employee’s hours or employment, and the
employee became entitled to Medicare benefits less than 18 months before the qualifying event, COBRA continuation coverage
for qualified beneficiaries other than the employee lasts until 36 months after the date of Medicare entitlement. For example, if
a covered employee becomes entitled to Medicare 8 months before the date on which his employment terminates, COBRA
continuation coverage for his spouse and children can last up to 36 months after the date of Medicare entitlement, which is equal
to 28 months after the date of the qualifying event (36 months minus 8 months). Otherwise, when the qualifying event is the
end of employment or reduction of the employee’s hours of employment, COBRA continuation coverage generally lasts for
only up to a total of 18 months. There are two ways in which this 18-month period of COBRA continuation coverage can be
extended.
Disability extension of 18-month period of continuation coverage
If you or an hone in your family covered under the Plan is determined bye the social Security Administration to be
disabled and you notify the Plan Administrator in a timely fashion, you and your entire family may be entitled to
receive up to an addition 11 months of COBRA continuation coverage, for a total maximum of 29 months. The
disability would have to have started at some time before the 60 th day of COBRA continuation coverage and must last
at least until the end of the 18 month period of continuation coverage.
Second qualifying event extension of 18-month period of continuation coverage
If your family experiences another qualifying event while receiving 18 months of COBRA continuation coverage, the
spouse and dependent children in your family can get up to 18 additional months of COBRA continuation coverage,
for a maximum of 36 months, if notice of the second qualifying event is properly given to the Plan. This extension
may be available to the spouse and any dependent children receiving continuation coverage if the employee or former
employee dies, becomes entitled to Medicare benefits (under Part A, pat B, or both), or gets divorced or legally
separated, or if the dependent child stops being eligible under the Plan as a dependent child, but only if the event would
have caused the spouse or dependent child to lose coverage under the Plan had the first qualifying event not occurred.
If You Have Questions
Questions concerning your Plan or your COBRA continuation coverage rights should be addressed to the contractor contacts
identified below. For more information about your rights under ERISA, including COBRA, the Health Insurance Portability
and Accountability Act (HIPPA), and other law affect in group health plans, contact the nearest Regional or District Office of
the U.S. Department of Labor’s Employee Benefit’s Security Administration (EBSA) in your area or visit the EBSA website at
www.dol.gov/ebsa. (Addresses and phone numbers of Regional and District EBSA Offices are available through EBSA’s
website.)
Keep Your Plan Informed of Address Changes
In order to protect your family’s rights, you should keep the Plan Administrator informed of any changes in the addresses of
family members. You should also keep a copy, for your records, of any notices you send to the Plan Administrator.
Plan contact Information
Anne D. Callahan
308 N. Olive Street
Media, PA 19063-1495
610-627-6040
Cobra Central Services L.L.C.
PO Box 62407
King of Prussia, PA 19406
888-887-6187
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Employee Handbook
FLEXIBLE SPENDING ACCOUNTS
Flexible Spending Accounts Can Save You Money
Rose Tree Media School District offers you two valuable benefits to help save money
• Medical Spending Accounts (MSA)
• Dependent/Elder Care Spending Accounts (DSA)
These flexible spending accounts allow you to set aside Before-tax dollars from your paycheck to pay for uninsured out-ofpocket health and dependent/elder care expenses that you and your family incur. If you are not currently participating in either
account, then you are paying for these expenses with After-tax dollars. By using a Flexible Spending Account, you can save
money on taxes and benefit from more of the money you earn.
• Increase the buying power of your income
• Reimbursement checks paid weekly
• Easy to enroll
• Annual election made through pre-tax payroll deductions
• MSA annual election available from day one of plan year
• DSA - One claim form per year (claimant must have contractual agreement with provider)
• Simple claim form submission
What Type of Expenses Qualify?
•
•
•
•
•
•
•
•
Health Care:
Insurance Deductibles
Insurance Co-payments
Charges Not Covered Under Insurance Policies
Orthodontics
Eyeglasses & Contact Lenses
Chiropractic Care
Dental Care
And More!
Dependent/Elder Care:
• Nursery School
• Preschool/Kindergarten
• Summer Day Camps
• Elder/Adult Care
• Nanny Services
• Dependent Grandchildren
• Family Day Care Providers
Don’t miss out on this great opportunity to save money!
ACT 32
In accordance with Act 32 of 2008, Pennsylvania law requires that all employers withhold local earned income tax from their
employees’ place of residence effective with the first pay of January 2012. If the employee’s municipality does not have a local
tax, the tax is to be withheld based on their place of employment.
The new law requires every employee to complete a Local Earned Income Tax Residency Certification Form. There is a list of
municipalities for the surrounding five counties on the staff section of the district website at www.rtmsd.org. Municipalities are
listed by county to make it easier for you to locate your home municipality. You will find the PSD Code on the list. The list is
titled PSD Codes. If you live in a county not listed, please contact Roxanne Schupp at extension 6143 for assistance.
Each time an employee moves, he/she must complete a new Local Earned Income Tax Residency Certification and submit it to
the Human Resource Office. The form can be found on our website on the staff section titled ACT 32 Form. The top section
should be completed along with the employer name and address.
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Employee Handbook
ACT 24
All current school employees were required to complete form PDE 6004 by December 27, 2011. In addition, school employees
will be required to report to the school administrator (HR Director), within 72 hours, any arrest or conviction of an offense listed
in section 111 (e) that occurs after September 28, 2011. Form PDE 6004 should be used to report these arrests or convictions.
The list of reportable offenses is contained on the back of form PDE 6004 which can be found on our website, www.rtmsd.org
under the staff section titled ACT 24.
I.
Changes to Section 111of School Code are Effective Sept. 28, 2011.
Act 24 of 2011(Act 24) contains a number of significant changes to the Pennsylvania Public School Code that are
designed to enhance the safety for school children. Among these changes, Act 24 amends Section 111of the School
Code, which provides for background checks for employees of public and private schools, intermediate units (IU) and
area vocational-technical schools (AVTS). Section 111 also applies to independent contractors and their employees who
have direct contact with children and to student teacher candidates assigned to public and private schools. The changes
to Section 111go into effect Sept. 28, 2011.
II.
Changes to Section 111(e) Crimes: Former Five-Year ban on School Employment is Now a Permanent
Ban on School Employment.
Act 24 adds several additional crimes to the list of Section 111(e) offenses that disqualify individuals from school
employment. The amendment also increases the period of disqualification for employment for Section 1ll (e) offenses.
The wording of the previous version of the law prohibited anyone convicted of a crime listed in Section 111 (e) from
being hired for a period of five (5) years from the date of conviction. Under the amendments to Act 24, a person
convicted of a Section 111(e) crime will be permanently excluded from school employment.
III.
New 10-Year, Five-Year and Three-Year Bans on Prospective Employment for Certain Offenses.
Act 24 also amends Section 111 to now prohibit the prospective employment of anyone who has been convicted of any
felony of the first, second or third degree not listed in Section 111(e) from school employment for 10 years after the
expiration of the sentence. Further, conviction of any first degree misdemeanor will prohibit employment for five (5) years
after the completion of the sentence. The law now also states that a second offense of driving under the influence of
alcohol or a controlled substance, graded as a first·degree misdemeanor, will result in a three (3) year prohibition on hiring
from the date of the completion of the sentence for the most recent offense.
IV.
Availability of a new PDE Form for Employees to Report Section 111(e) Offenses to School Administrators.
The new law includes an important mechanism to help ensure that current school employees, who may not have been
subject to a previous background check, are now required to provide assurances that they have not been previously
arrested or convicted of a Section 111(e) offense. Accordingly, under Act 24, all current school employees are required
to complete and return to their school administrator, or other person responsible for school employment decisions (the
school administrator) a form developed by PDE to report prior arrests or convictions for any offense listed in Section
111(e). This form PDE-6004 is now available on PDE's website:
http://www. portal.state .pa.us/portal/server.pt/community/background checks (act 114)/7493
All current school employees of a public or private school, intermediate unit or AVTS must complete PDE-6004 and return
it to the school administrator by Dec. 27, 2011. School administrators are responsible for making sure that all employees
complete this form. If an employee refuses to submit the form, Act 24 allows for a school administrator to require that the
employee submit to a current background check under Section 111. In addition, school employees will be required to report
to the school administrator within 72 hours of any arrest or conviction of an offense listed in Section 111(e) that occurs after
Sept. 28, 2011. PDE -6004 should be used to report these arrests or convictions to the school administrator.
School administrators are advised to notify their employees of the availability of PDE-6004 as soon as possible,
as well as inform their employees as to whom the form must be returned and the applicable deadlines for return
of the form.
67
V.
School Administrator Required to Order Background Check Upon Reasonable Belief That an Employee was
Arrested or Convicted of a Section 111(e) Offense.
The new law requires that if a School Administrator has a reasonable belief that an employee was arrested or convicted of
a Section 111(e) offense and the employee has not notified the School Administrator of such arrest or conviction, the
School Administrator must require the school employee to submit to a current Section 111 background check. That
background check shall be at the expense of the employing entity.
VI.
Other Changes to Section 111 under Act 24
Act 24 also eliminates the exemptions which had permitted certain persons under 21 in a job training program in which
summer or seasonal students are hired by the district, to work at schools for up to 90 days without a background check.
VII.
School Districts Required to Report all Crimes Noted on "PDE-6004" to the Professional Standards and Practices
Commission (PSPC)
Under Section 2070.9a of the Professional Educator Discipline Act, the superintendent, assistant superintendent,
executive director of an. IU, chief administrator of an AVTS or career and technology center, administrator of a charter
school or their designees will be required to report to PSPC all instances of employees reporting any arrest or conviction
noted on PDE-6004 or which is otherwise known to them as the result of a background check or otherwise. Contact
information for the PSPC as well as mandatory reporting forms, can be found on PDE's website: http://www.
portal.state.pa. us/portal/server .pt/community/professional standards practices commissions/8829
For additional information please contact Denise Wolfgang in PDE's School Services Office at 717-783-3750 or
dwolfgang@pa.gov.
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Employee Handbook
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Employee Handbook
ELECTRONIC W-2’S
Starting with the calendar year 2012, W-2 information will be available electronically via the secure
Employee Access Center (EAC). EAC can be accessed from any computer in the District. If you
choose to access EAC from home, you must have adobe PDF on your computer. Accessing W-2
information using the secure EAC system is exactly like accessing payroll vouchers.
Electronic W-2’s will not be provided if an employee is no longer employed by the Rose Tree Media
School District. Upon separation of employment, a final W-2 will be printed and mailed to the last
address on file. It is important to always have your contact information up to date with the Human
Resource Department.
Providing a signature gives consent to receive W-2 information electronically. If consent is not
given, a paper copy of W-2 information will be provided. Once consent has been provided, W-2
information will be furnished electronically. To revoke this consent an employee must provide
written notification to the Human Resource Department.
Rose Tree Media School District will notify all employees of any changes to this procedure.
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Employee Handbook
ROSE TREE MEDIA SCHOOL DISTRICT
VERIFICATION OF RECEIPT OF EMPLOYEE HANDBOOK
I have received the Employee Handbook including the following policies and notifications:
ABOLISHING A POSITION
ACCEPTABLE USE OF ROSE TREE MEDIA NETWORK RESOURCES
ACCEPTABLE USE OF DISTRICT INFORMATION TECHNOLOGY
CREATING A POSITION
DISCIPLINARY PROCEDURES
DISQUALIFICATION BY REASON OF HEALTH
DRESS AND GROOMING
DRUG AND SUBSTANCE ABUSE
FREEDOM OF SPEECH IN NON-SCHOOL SETTINGS
GIFTS
HARASSMENT POLICY
HIRING OF COACHES
HIV INFECTION
JOB RELATED EXPENSES
JURY DUTY
FAMILY MEDICAL LEAVE
MEDIA RELATIONS POLICY
NONDISCRIMINATING IN SCHOOL AND CLASSROOM PRACTICES
NONDISCRIMINATING IN EMPLOYMENT/CONTRACT PRACTICES
NOTIFICATION OF ARREST OR VEHICLE DRIVING VOLATION
OUTSIDE ACTIVITIES
PENALTIES FOR TARDINESS
PERSONAL LEAVE/BEREAVEMENT LEAVE
PERSONNEL FILES
PHYSICAL EXAMINATION
POLITICAL ACTIVITIES
RESPONSIBILITY OF STAFF FOR STUDENT WELFARE
RIGHT TO KNOW
SMOKING
TRANSPORTATION PERSONNEL – DRUG AND ALCOHOL TESTING
UNCOMPENSATED LEAVE
PENNSYLVANIA’S CODE OF PROFESSIONAL PRATICE AND CONDUCT FOR EDUCATION
CERTIFICATION
HIPPA NOTIFICATION
PROCEDURE FOR REPORTING SUSPECTED CHILD ABUSE
PROCEDURE FOR REPORTING SUSPECTED STUDENT ABUSE
TAX SHELTERED ANNUITIES
TITLE IX NON DISCRIMINATORY NOTICE
TUITION REIMBURSEMENT PROCEDURES
WORK RELATED INJURIES
PROFESSIONAL STAFF PAY SCHEDULE
PENNSYLVANIA WORKERS’ COMPENSATION ACT
HEALTH PROVIDER PANEL WORKERS’ COMPENSATION
WHEN YOU TERMINATE EMPLOYMENT CONTINUATION COVERAGE PROVISIONS COBRA
FLEXIBLE SPENDING ACCOUNTS
ACT 32
ACT 24
ELECTRONIC W-2’s – check box below if you agree to receive your W-2’s electronically
Providing a signature gives consent to receive W-2 information electronically. If consent is not given, a paper copy of W-2
information will be provided. Once consent has been provided, W-2 information will be furnished electronically. To revoke this
consent an employee must provide written notification to the Human Resource Department.
________________________________________________
NAME
____________________________________________
SIGNATURE
____________________________________________
DATE
Please sign this form indicating your receipt of the handbook and return it to the principal’s office in your building or to the director of your
department. After collecting signature sheets for all employees in the building, the principal/director will send the forms to the Human
Resource Office. Thank you for your cooperation in this matter. I hope the handbook is helpful to you.
72