Personnel Policies Goals
          Personnel Policies Priority Objectives



General Personnel Policies
         Equal Opportunity Employment
         Staff Involvement in Decision Making (Also ABB)
         Staff Ethics
                  Staff Conflict of Interest
                  Staff Conduct
Board-Staff Communications (Also BG)
         Staff Health and Safety
                  Transitional Work Procedures
                  Pre-employment Drug Screening
                  Workers’ Comp Eligibility –Chemical Testing & Wage Continuation
                  HIV/AIDS (Human Immunodeficiency Virus/Acquired Immune
                  Deficiency Syndrome) (Also JHCCA)
                  Chemical Dependency
        Pre-School Employee Medical Statement
        Staff Participation in Community Activities (Also KE)
        Staff Participation in Political Activities
        Staff-Student Relations (Also JM)
        Staff Gifts and Solicitations
        Staff Funds Management
        Smoking on District Property by Staff Members
        Personnel Records
        Staff Complaints and Grievances
        Extended Group Health Coverage
        Verification of Employment Eligibility
        Verification, I-9 Form & Documentation
        Drug-Free Workplace
        Criminal Record Check
        Family and Medical Leave
        Family Medical Leaves and Absences
        Health Insurance Portability and Accountability (HIPAA)
        Notice of Privacy Practices

 *These topics are not currently covered by Board policy.



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File:  GA


The Board recognizes that a dynamic and efficient staff dedicated to education is necessary to maintain a constantly improving educational program.  The Board is interested in its personnel as individuals, and it recognizes its responsibility for promoting the general welfare of the staff.

The Board is committed to providing a coordinated staff or specially trained personnel to the end that each discipline or area of responsibility be properly designed with a procedure for assessment so that each may have proper emphasis in the total curriculum and school system organization.

Duties of these personnel shall be outlined by the Superintendent and approved by the Board.

Additionally, the Board’s specific Personnel Service goals include:

    1.    conducting an employee appraisal program that will contribute to the continuous
            improvement of staff performance;

    2.    developing and managing a staff compensation program sufficient to attract
           and retain qualified employees;

    3.    providing an in-service training program for all employees which will improve
           their rates of performance, retention and promotion;

    4.    administering effective teacher negotiation efforts;

    5.    recruiting, selecting and employing the best qualified personnel to staff the
           school system;

    6.    developing the quality of human relationships necessary to obtain maximum
           staff performance and satisfaction;

    7.    deploying available personnel and insuring that they are utilized as effectively as
           possible within the budget and

    8.    encouraging all employees to be cognizant of their roles in instilling ethical
           principles and democratic ideals in all students.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    124.11
                                            3319.01; 3319.02; 3319.081; 3319.11; 3319.111
                                            Chapter 4117

CROSS REF.:    GBB, Staff Involvement in Decision Making (Also ABB)



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File:  GBA


The District adheres to all applicable federal, state, and city laws and regulations regarding nondiscrimination in employment including Title VII of the Civil Rights Act of 1964, Sections 503 and 504 of the Rehabilitation Act of 1973 and Section 402 of the Vietnam Veterans Readjustment Act of 1974.

The District will take positive steps to ensure that all applicants will have an equal opportunity for employment, without regard to race, color, religion, gender, national origin, disability of status as a Vietnam-era or special disabled veteran, and that all employees are treated equally during their employment, without regard to the same. 

In order to achieve this objective, the District shall engage in recruiting, mentoring, training and development that will promote the employment, support and retention of employees without regard to race, color, religion, gender, national origin, disability or status as a Vietnam-era or special disabled veteran.  The District will work to advance the employment of members of historically underrepresented and protected classes, by engaging in the following actions:

    1.    carefully selecting and training personnel involved in the recruiting, screening,
           selection, promotion, disciplinary and related processes to insure elimination of
           bias in personnel actions;

    2.    refraining from the use of selection techniques that have been recognized as
           having the effect of discriminating against minority groups, veterans, disabled
           persons and women;

    3.    inviting applications from certain specialized organizations prepared to reach
           out to minority, veteran, disabled and/or women applicants, such as the Urban
           League, Job Corps, Equal Opportunity Programs, Inc., etc.;

    4.    inviting applications from certain colleges, junior and city colleges with a high
           enrollment or minority, veteran, disabled and or female individuals;

    5.   providing all teaching colleges in the area with notices affirmatively indicating
          that the District is seeking qualified minorities, women, veterans or disabled
          persons for employment;

    6.   actively encouraging minority, veteran, disabled and women employees to refer
          to similar applicants and

    7.   expanding all advertising for employment to include minority news media,
          including magazines, trade publications and newspapers with high minority

[Adoption date:  October 21, 2004]

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File:  GBA

LEGAL REFS.:    Civil Rights Act, Title VI; 42 USC 2000d
                               Executive Order 11246, as amended by Executive Order 11375
                               Equal Employment Opportunity Act, Title VII; 42 USC 2000e et seq.
                               Education Amendments of 1972, Title IX; 20 USC 1681
                               Rehabilitation Act; 29 USC 794
                               Age Discrimination in Employment Act; 29 USC 623
                               Immigration Reform and Control Act; 8 USC 1324a et seq.
                               Americans with Disabilities Act; 42 USC 12101 et seq.
                               ORC    4112.02

CROSS REFS.:    AC, Nondiscrimination
                                ACA, Nondiscrimination on the Basis of Sex
                                ACAA, Sexual Harassment
                                ACB, Nondiscrimination on the Basis of Disability

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File:  GBB (Also ABB)


The District involves the efforts of many people and functions best when all personnel are informed of the major activities and concerns.

There should be an exchange of ideas and pertinent information among all elements of a school district.  Problems and unfavorable attitudes develop when employees are denied information essential for the performance of their respective assignments or when they feel that their ideas and concerns are not heard.  Morale is enhanced when employees are assured that their voices are heard by those in positions of administrative authority.

A pattern of decision making and problem solving close to the task also contributes to efficiency and high morale.

While all employees have the opportunity to bring their ideas or grievances to the Board, they are expected to proceed through the recognized administrative channels.  Final authority for all decisions rests with the Board.

[Adoption date:  October 21, 2004]

LEGAL REF.:    OAC    3301-35-03

CROSS REFS.:    BCE, Board Committees
                                BCF, Advisory Committees to the Board
                                BF, Board Policy Development and Adoption
                                CCB, Staff Relations and Lines of Authority
                                CE, Administrative Councils, Cabinets and Committees
                                DBD, Budget Planning
                                GCD, Certificated Staff Hiring
                                GDD, Classified Staff Hiring
                                IF, Curriculum Development

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement



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File:  GBCA


Employees shall not engage in, nor have a financial interest in, any activity which conflicts with their duties and responsibilities in the District, including business conducted by the District as a sponsor of a community school. Employees who have actual knowledge of an activity which conflicts with their duties must notify the Treasurer in writing.
To disclose potential or existing conflicts of interest, when an employee files a disclosure statement with the Ethics Commission he or she shall file a copy of the disclosure statement with the Board within 90 days. If an employee identifies a conflict of interest, then the Treasurer, in conjunction with the Superintendent, shall consult legal counsel to determine the permissibility of the conduct.

Employees shall not engage in work of any type in which information concerning a customer, client or employer originates from any information available to them through District sources.

Employees shall not sell textbooks, instructional supplies, equipment, reference books or any other products to the District.  They shall not furnish the names of students or parents to anyone selling these materials.

In order that there is no conflict of interest in the supervision and evaluation of employees, at no time shall any administrator responsible for the supervision and/or evaluation of an employee be directly related to that employee.

[Adoption date:  October 21, 2004]
[Revised: April 20, 2017]

LEGAL REFS.:    ORC    2921.42

CROSS REFS.:    GBL, Personnel Records
    JO, Student Records
    KBA, Public’s Right to Know




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File:  GBCB


All staff members have a responsibility to make themselves familiar with, and to abide by, the laws of the State of Ohio and the Negotiated Agreement, the policies of the Board and the administrative regulations designed to implement them.

The Board expects staff members to conduct themselves in a manner which not only reflects credit to the District, but also presents a model worthy of emulation by students.  Staff members are not permitted to bring a deadly weapon or dangerous ordnance into a school safety zone.

All staff members are expected to carry out their assigned responsibilities.  Essential to the success of ongoing operations and the instructional program are the following specific responsibilities which are required of all personnel:

    1.    faithfulness and promptness in attendance at work;

    2.    support and enforcement of policies of the Board and regulations of the

    3.    diligence in submitting required reports promptly at the times specified;

    4.    care and protection of District property and

    5.    concern and attention toward their own and the District’s legal responsibility for
           the safety and welfare of students, including the need to ensure that students are
           under supervision at all times.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    124.34
                                            2923.1212; 2923.122
                                            3319.081; 3319.16; 3319.31; 3319.36

CROSS REFS.:    JFC, Student Conduct (Zero Tolerance)
                                 KGB, Public Conduct on District Property



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File:  GBD (Also BG)


The Board wishes to maintain open channels of communication with the staff.  The basic line of communication is through the Superintendent.  Staff members should utilize the Superintendent to communicate to the Board or its subcommittees.

Accordingly, all official communications, policies and directives of staff interest and concern are communicated to staff members through the Superintendent.  The Superintendent develops appropriate methods to keep staff members informed of the Board’s issues, concerns and actions.

Board members must recognize that their presence in school buildings could be subject to a variety of interpretations by school employees.  If a visit to a school or classroom is being made for other than general interest, Board members shall inform the Superintendent of such visit and make arrangements for visitations through the principals of the various schools.  General interest visits are defined as informal expressions of interest in school affairs and not as inspections or visits for supervisory or administrative purposes.  Board members will indicate to the principal the reason(s) for the visit.  Official visits by Board members are carried out only under Board authorization.

[Adoption date:  October 21, 2004]

LEGAL REF.:    ORC    3313.20

CROSS REFS.:    BDDH, Public Participation at Board Meetings (Also KD)
                                GBM, Staff Complaints and Grievances
                                 KK, Visitors to the Schools



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File:  GBE


Through its overall safety program and various policies pertaining to school personnel, the Board will try to assure the safety of employees during their working hours and assist them in the maintenance of good health.

All employees are expected to observe commonly recognized practices that promote the health and safety of school personnel.

Bus drivers will have an annual examination in accordance with Ohio law.  The results of all physical examinations will be filed with the Superintendent.

The Board may require an individual examination of an employee whenever, in its judgment, it is necessary to protect the health and safety of students, teachers or other employees.  The Superintendent shall be authorized to retain the services of physicians and/or specialists to make such examinations.  Whenever the Board requires an employee to submit to a physical examination other than those required by law, the Board will assume the cost of the examination.  All health examinations required by employees will be made by one of the physicians approved for this purpose by the Board.

Alcohol and Chemical Abuse Intervention and Treatment

Philosophical Bases
The District recognizes that alcoholism and related chemical dependency is a primary, progressive, chronic and fatal disease that affects the lives of employees both directly and indirectly.  Dependency is often preceded by abuse and misuse of alcohol and other mood altering chemicals and often leads to inappropriate behavior by the victim.

The District realizes that the disease is treatable, but by its very nature—and particularly in its later stages—renders the victim incapable of the spontaneous insight required to volunteer himself/herself for remedial care.

Therefore, it shall be the policy of the District to take positive action through education and appropriate referral, where cases of dependency, abuse and misuse are detected.

Employee Assistance and Intervention
The District recognizes that a wide range of problems not directly associated with an employee’s job function can have an effect on an employee’s performance.  In most instances, the employee will overcome such personal problems independently and the effect on performance will be negligible.  In other instances, normal supervisory assistance will serve either as motivation or guidance by which such problems can be resolved so the employee’s performance will return to an acceptable level.  In some cases, however, neither the efforts of the employee nor the supervisor will have the desired effect of resolving the employee’s problems and unsatisfactory performance persists over a period of time, either constantly or intermittently.

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File:  GBE

This District believes it is in the best interest of the employee, the employee’s family and the District to provide an employee service which deals with such persistent problems.  Therefore, it is the District’s policy to deal with such problems within the following guidelines:

    1.    It is recognized that almost any human problem can be successfully treated
           provided it is identified in its early stages and referral is made to an appropriate
           type of care and remediation.  This applies whether the problem is one of
           physical illness, mental or emotional illness, finances, marital or family distress,
           alcoholism, drug abuse, legal problems or other concerns.

    2.    When an employee’s performance or attendance is unsatisfactory and the
           employee is unable or unwilling to correct the situation either alone or with
           normal supervisor assistance, this is an indication that there may be some
           cause outside of the realm of his/her position responsibilities which is the basis
           of his/her problem.

    3.    The purpose of this policy shall be to assure employees that if personal
           problems are the cause of unsatisfactory performance, they shall receive careful
           consideration and an offer of assistance to help resolve such problems in an
           effective and confidential manner.

    4.    Employees shall be assured that their job futures and reputations will not be
            jeopardized by utilizing this employee assistance and intervention program.

    5.    The District’s medical, health and personnel administrative procedures shall
            govern the process and the action of administrators in dealing with employees’
            problems which cause unsatisfactory performance.  Records associated with
            this action shall be preserved in the strictest confidence and shall be disclosed
            only to the appropriate parties if such action leads to dismissal.

    6.    Sick leave shall be granted for treatment or rehabilitation on the same basis as
            it is granted for ordinary health problems.

    7.    Employees who have a problem which they feel may affect work performance
           are encouraged to voluntarily seek counseling and information on a confidential
           basis by contacting a principal or the Superintendent, the District’s designated

    8.    Employees referred through this program by their supervisors may be required
           by the District to secure medical, rehabilitative counseling or other services as
           may be necessary to resolve their problems.

    9.    It shall 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.  An employee’s continued refusal to
           accept diagnosis and treatment shall be dealt with in the same way that similar
           refusals are dealt with in other employee problems, when the results of such
           refusals continue to affect position performance or attendance.
 10.    Because employee work performance can be affected by the problems of an
           employee’s spouse or other dependents, this assistance and intervention
           program shall be available to the families of employees.

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File:  GBE

Pre-Employment Drug Screening

All regularly scheduled employees of the District shall undergo/pass a pre-employment drug screening before an offer of employment becomes effective.  Also included in this policy are all Board-approved volunteers who may have care and custody of students.  Examples of Board-approved volunteers would include volunteer athletic coaches, band/guard instructors and coaches, etc.  Individuals employed through recognized booster/parent organizations who work directly with students shall also be required to comply with this policy.

The Superintendent or his/her designated representative shall develop administrative procedures to implement this policy.

Workers’ Compensation

In case of injury while pursuing duties in keeping with the employee’s contract, the employee may be eligible for payment of medical expenses under the Workers’ Compensation Act of Ohio.

Any employee who receives an injury while at work should immediately report this injury to the central office and request the necessary forms to make application for payment under this act.

An employee has two options when requesting payment for lost wages on a workers’ compensation claim.  The first option is to elect to take accrued sick leave.  This option does not preclude an employee from filing for payment of temporary total disability after his/her sick leave has been exhausted.  Please note that sick leave cannot be reimbursed back to an employee.  The second option is to not use accrued sick leave but wait for payment of temporary total disability from the State of Ohio Bureau of Workers’ Compensation.  An employee must make his/her election of options known as soon as he/she is off work due to a work-related injury.

It is expected that an employee making claim to temporary disability payment (either sick leave or workers’ compensation) will return to their work site as soon as they are medically able.  In order to facilitate this process, the Board hereby directs the Superintendent or his/her designee to develop a Transitional Work Administrative Procedure.  The principle purpose of the Miamisburg City Schools’ Transitional Work Procedure shall be to return injured employees to gainful employment activities as soon as possible.

The injured employee may be requested to undergo chemical testing, as established by law and administrative regulation, in order to prove that the injury was not proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician. 


The provisions of this policy that pertain to alcohol and chemical abuse intervention and treatment do apply to administrators.                                                                                

[Adoption date:  October 21, 2004]

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File:  GBE

LEGAL REFS.:    ORC    3313.643; 3313.71; 3313.711
                                            4123.01 et seq.
                              Asbestos School Hazard Abatement Act; 20 USC 4011 et seq.
                              Asbestos Hazard Emergency Response Act; 15 USC 2641 et seq.
                              Comprehensive Environmental Response, Compensation and Liability Act;
                                            42 USC 9601 et seq.

CROSS REFS.:    EB, Safety Program
                                EBBC, Bloodborne Pathogens
                                EBD, Crisis Management
                                EEACD, Drug Testing for District Personnel Required to Hold a
                                                Commercial Driver’s License
                               GBP, Drug-Free Workplace
                               GBQ, Criminal Record Check
                               GCBC, Certificated Staff Fringe Benefits
                               GDBC, Classified Staff Fringe Benefits

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File:  GBE-1-R


Transitional Work Procedure

Policy:  The principle purpose of the Miamisburg City Schools’ transitional work procedure is to return injured employees to gainful employment activities as soon as possible.

    1.    Miamisburg City Schools’ Transitional Work Program is overseen by the
           Director of Human Resources in conjunction with the appropriate first line
           supervisor.  Together, they will coordinate the employee’s participation in the

    2.    The injury or accident must be reported verbally to the job site supervisor
            immediately.  The injured employee must submit a written incident report in
            their own handwriting within 48 hours.  If the employee does not submit the
            report within the required time frame, disciplinary action may be taken. 
            Additionally, the Director of Human Resources or his/her designee may contact
            the employee within 72 hours.  The primary purpose of this contact is to
            determine if the employee is doing well and collect any supplemental facts
            about the injury.  The Director of Human Resources or his/her designee will
            also discuss with the injured worker procedures for filing the claim and meeting
            with the facility selected physician.  It is our desire to establish an open and a
            positive line of communication with the injured employee.

    3.    Immediately after the injury occurs, the employee may be required to submit to a
           drug and alcohol test.  Should the test return positive, the employee’s claim may
           be deemed uncompensable and his/her participation in the Transitional Work
           Program may be terminated.

    4.    Subsequent to the alcohol and drug testing, the injured employee will be
           required to be evaluated by a facility elected physician.  When contacting the
           physician, we will share with the physician results of the injury/accident
           investigation, and, if completed, the requirements of the injured worker’s current
           job and the opportunities within the Transitional Work Program.

    5.    An accident/injury investigation will be completed by the assistant
           superintendent for business affairs or school administrator.  The investigation
           will also include a review of the injured employee’s personnel file to determine if
           prior medical conditions were present.  The personnel file review will also
           include reasons for prior absences, recent disciplinary action and any
           questionable claims such as:
           A.    reports which are submitted late;
           B.    minor incidents which become major injuries;
           C.    physical injuries which do not match the incident;
           D.    various parts are injured, especially the entire back;

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File:  GBE-1-R

            E.    outside activities that could cause the injury (i.e. participation in sports);

            F.    misconduct such as horseplay and

            G.    intoxication or drug use.

    6.    After receiving approval for a transitional or modified job from the physician, a
           verbal job offer will be made which will be followed up in writing via certified
            mail.  The employee must respond to the written follow-up within 48 hours.  The
            written follow up will specify the exact report to work date and time.  Should the
            employee not respond, that fact will be construed as a refusal of the offer.

    7.    Prior to the employee’s start date in the Transitional Work Program, the
           employee will be scheduled to meet with the Director of Human Resources or
           his/her designee to review and sign a Transitional Work Contract.  The contract
           will include at a minimum the following:

           A.    A specific start and stop date for the Transitional Work Program.  These
                   dates will be, in part, based on information provided by the physician
                   relative to the nature of the injury and the anticipated recuperation time.  In
                   no case will a Transitional Work Contract extend past a 90-day limit.  Bear
                   in mind that current District policies permit a leave without pay benefit.

           B.    Reporting requirement relative to the progress of prescribed treatment and
                   the frequency of those reports.

           C.    Specific treatment modalities ordered by the physician.

           D.    A specific listing of limits established by the physician which may include,
                   but is not limited to:
                   1)    limit in the number of hours per day the employee can work;
                   2)    climbing limitations (ladders, steps, etc.);
                   3)    limitations in the use of equipment;
                   4)    walking and/or standing limitations;
                   5)    stooping and/or twisting limitations;
                   6)    lifting limitations both for weight and height, as well as frequency and
                   7)    pushing and/or pulling limitations.

           E.    Specific steps developed in conjunction with the physician to “condition” the
                   employee so that he/she can return to their regular work as quickly as
                   possible.  An example of a conditional objective may be to gradually
                   increase the number of hours per day an injured employee works or
                   gradually increase the number of days per week the injured employee
                   participates in normal job duties versus transitional work.

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File:  GBE-1-R

    8.    Should an employee refuse approved transitional work, CompManagment, Inc.
            will be notified immediately, and will file a C-86 motion with the Bureau of
            Workers’ Compensation to deny compensation based on refusal of suitable
            employment within the employee’s physical restrictions.  At Miamisburg City
            Schools discretion, disciplinary action may be taken.

    9.    If the attending physician will not authorize transitional work,
           CompManagement, Inc. will be notified immediately in order to take appropriate

(Approval date:  October 21, 2004)

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File:  GBE-2-R


Pre-Employment Drug Screening

The Board is committed to ensuring that our students are educated, transported, supervised and otherwise cared for by a quality work force.  One component of our quality assurance program is the requirement that all regularly scheduled employees and designated volunteers undergo and pass pre-employment drug screening.  No person who tests positive for nonprescription or illegal substances will be employed or permitted to supervise our students.

    1.    Pre-employment/volunteer drug screening will be scheduled with the District’s
           contracted service provider.

    2.    The personnel director or appropriate supervisor will provide
            instructions/scheduling information to the prospective employee/volunteer.

    3.    Negative results of drug screening will be communicated directly by the
           contractor to the Personnel Secretary.

    4.    Positive results will be communicated only to the Director of Human Resources
           or, in his/her absence, the Superintendent.

Pre-employment drug screening will not be required for employees who have had less than a 13-month break in service to the District.  Designated volunteers, regardless of previous service to the District, will be required to undergo drug screening prior to serving in their first volunteer assignment.

(Approval date:  October 21, 2004)



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File:  GBE-3-R


Workers’ Compensation Benefits Eligibility – Chemical Testing

Under Ohio’s Workers’ Compensation Law, every employee who is injured in the course of employment is entitled to benefits, if necessary, to compensate him/her for lost work time, payment for medical, nursing and hospital services, medicines and funeral expenses, unless the injury was proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician. 

Testing Procedures

An injury is deemed to have been proximately caused by the employee being intoxicated or under the influence of a controlled substance not prescribed by a physician if any of the following apply.

       1.     Within eight hours of the injury, the employee’s blood alcohol level tests equal to or greater than .10%*.

       2.     Within eight hours of the injury, the employee’s breath alcohol level tests equal to or greater than .10g/210L*.

       3.     Within eight hours of the injury, the employee’s urine alcohol level tests equal to or greater than .14g/100 ml*.

       4.     Within 32 hours of the injury, the employee tests above both the following levels established for an enzyme multiplied immunoassay technique screening test (EMIT) and above the following levels established for a gas chromatography/mass spectrometry test, or in the alternative, above the levels established for a gas chromatography/mass spectrometry test (GC/MS) alone as follows, for substances not prescribed by a physician:

               A.     for amphetamines, 1000ng/ml of urine for the EMIT test and 500 ng/ml of urine for the GC/MS test;

               B.      for cannabinoids, 50 ng/ml of urine for the EMIT test and 15 ng/ml of urine for the GC/MS test;

               C.      for cocaine, including crack cocaine, 300 ng/ml of urine for the EMIT test and 150 ng/ml of urine for the GC/MS test;

               D.     for opiates, 2000 ng/ml of urine for the EMIT test and 2000 ng/ml of urine for the GC/MS test and

               E.      for phencyclidine, 25 ng/ml of urine for the EMIT test and 25 ng/ml of urine for the GC/MS test.

      5.     The employee, through a chemical test administered within 32 hours of the injury, is determined to have barbiturates, benzodiazepines, methadone or propoxyphene in the employee’s system that tests above levels established by laboratories certified by the U.S. Department of Health and Human Services.

Wage Continuation

The District (at its sole discretion) may offer an employee who suffers a compensable work-related injury or illness, and subject to the below-mentioned items, regular wages instead of workers' compensation lost-time benefits.  Payment for related medical benefits is the responsibility of the District’s Managed Care Organization (MCO).  The implementation of this policy with respect to one employee should in no way obligate the District to implement said policy with regards to any other employee.


       1.     The injury or illness must be determined to be compensable by the District or, in the case of dispute, the Ohio Industrial Commission.  In no event will compensation commence before all initial paperwork is completed and filed with the appropriate agencies. 

       2.     Competent medical proof of disability must be provided via Form C-84 or Physician's Update and Physical Capabilities form.  The attending physician must complete the form in its entirety and affix his/her original signature to the form.  Copies are unacceptable.  The employee must complete a FRO1-1 (First Report of Injury application) and sign a wage agreement, medical release and an election form. 

       3.     The District reserves the right to have the employee examined by a physician of its choice at the District's cost to confirm the medical diagnosis and/or the period of disability.  Failure to submit to examination will result in termination of wage continuation benefits. 

       4.     Wage continuation benefits will be paid only for those periods of lost time that otherwise would qualify the employee for receipt of workers' compensation lost time benefits, subject to the following limitations.

Termination Conditions

Wage continuation payments will cease upon any of the following conditions:

       1.     attending physician releases employee to return to work;

       2.     employee returns to work for another employer;

       3.     employee fails to return to a transitional "limited duty" assignment consistent with his/her medical restrictions as approved by the injured worker’s treating physician;

       4.     employee fails to appear for employer-sponsored medical examination;

       5.     employee has reached maximum medical recovery and/or the condition has become permanent;

       6.     the claim is found to be fraudulent after payment has been commenced;

       7.     the injured worker attempts to collect both wage continuation and temporary total compensation;

       8.     employment termination or

       9.     violation of any District policy or guideline.

Regardless of the above conditions of termination, management may, at its sole discretion, terminate wage continuation benefits at any time after an agreed period of wage continuation has ended.

The wage continuation plan and all benefits can be terminated at management's discretion at any time without regard to past practice. 

Legal Protections

All testing will be conducted by a qualified, federally certified testing laboratory selected by the Board, and any positive test result will be confirmed by a medical review officer.


All test results will remain confidential as between the employee, the Board and the Bureau of Workers’ Compensation.

*This represents the minimum testing level used to establish intoxication under current State law prohibiting the operation of a motor vehicle while intoxicated, otherwise known as the state “OMVI” law.

[Approval date:  October 21, 2004]

[Revised date: September 18, 2014]

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File:  GBEA (Also JHCCA)

(Human Immunodeficiency Virus/
Acquired Immune Deficiency Syndrome)

General Principles

The Board recognizes that the human immunodeficiency virus (HIV) and the condition of acquired immune deficiency syndrome (AIDS), which is caused by the HIV infection, are significant medical, legal, educational and social issues.  The Board desires to protect the rights of all students and employees and does not discriminate against students and employees who are HIV-infected.  The Board works cooperatively with State and local health organizations in assessing the needs of HIV-infected students or staff and keeping updated on current educational information to be included in the District’s educational plan.

Current medical information available indicates that HIV cannot be transmitted from one individual to another by casual contact, i.e., the type of contact that occurs in the school setting, such as shaking hands, sharing an office or a classroom, coughing, sneezing or the use of drinking fountains.  Students who are infected with HIV are entitled to all rights, privileges and services accorded to other students.  Decisions about any changes in the educational program of an HIV-infected student shall be made on a case-by-case basis, relying on the best available scientific evidence and medical advice.

There shall be no discrimination against employees who are HIV-infected.  The District provides equal opportunities for employment, retention and advancement for all staff members.  Employees who are unable to perform their duties due to an illness, such as those related to HIV, shall retain eligibility for all benefits that are provided for other employees with long-term diseases or disabling conditions, utilizing the information/rights in any Negotiated Agreements or Board policies as appropriate.  Changes in employment status or location due to HIV complications are made on a case-by-case basis.

Evaluating Students and Staff Who Are Infected with HIV

The Superintendent is the designee regarding all HIV incidences.  When an individual is found to be infected with HIV, the Superintendent shall attempt to ascertain, in consultation with the infected individual, whether he/she has a secondary infection such as tuberculosis that constitutes a recognized risk of transmission in the school setting.  This is a medical question that can only be determined by the infected person's physician.  The Superintendent shall also attempt to determine ways that the District may help anticipate and meet the needs of the student or staff member infected with HIV.

If there is no secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall not alter the education program or job assignment of the infected person.  The Superintendent shall periodically review the case with the infected person (and the parent(s) of the student) and with the medical advisors described above.
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File:  GBEA (Also JHCCA)

If there is a secondary infection that constitutes a medically recognized risk of transmission in the school setting, the Superintendent shall consult with the physician, public health official and the infected person (and the parent(s) of the student).  If necessary, they will develop an individually tailored plan for the student or staff member.  Additional persons may be consulted, if this is essential for gaining additional information, with the consent of the infected staff member or the student’s parent(s).  The Superintendent should consult with the school attorney to make sure that any official action is consistent with Ohio and Federal laws.  When the Superintendent makes a decision about the case, there shall be a fair and confidential process for appealing the decision. 

If an individually tailored plan is necessary, it shall have a minimal impact on either education or employment.  It must be medically, legally, educationally and ethically sound.  The Superintendent periodically reviews individual cases and oversees implementation of the plan in accordance with local, Ohio and Federal laws.


Information regarding a student or staff member infected with HIV is classified, by law, as confidential.  Those individuals who have access to the proceedings, discussions or documents must treat such information as confidential.  Only with the written consent of the staff member or the student’s parent(s) shall other school personnel, individuals and agencies be informed of the situation/condition.  All information pertaining to the case shall be kept by the Superintendent in a locked file; access to this file is granted only to those people who have the written consent of the infected staff member or the infected student’s parent(s).

HIV Advisory Committee

The President of the Board may appoint an HIV Advisory Committee.  The committee consists of one member of the Board, the Superintendent, one principal, one teacher, the District’s legal counsel, the school physician and a doctor who specializes in communicable diseases.  Other persons who may be considered as members include a guidance counselor, a student and an official of the County Department of Health.  The function of the HIV Advisory Committee is:

    1.    to keep informed regarding the latest medical developments and information
           regarding HIV;

    2.    to advise the Board regarding policies and regulations and any changes which
           the committee recommends in such policies to the Board;

    3.    to advise the Board regarding the HIV education program;

    4.    to develop guidelines for Board consideration on hygienic practices in schools

    5.    to assist any student, parent or employee who is seeking information about HIV.

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File:  GBEA (Also JHCCA)

HIV Education Program

The Board may direct the administration, with the advice of the HIV Advisory Committee, to develop a program for educating persons regarding HIV.  The program should provide a plan for making information about HIV available to students as a part of the health curriculum.  HIV education should be developmentally appropriate to the grade level.

The Board directs the administration to develop an educational plan to inform employees about HIV-related issues and safety.  In developing such programs, it is expected that information from sources such as the National Centers for Disease Control, the Ohio Department of Health and the Ohio Department of Education is utilized.

The educational program should ensure that, at a minimum, students and staff are informed in a consistent manner about:

    1.    the nature of HIV infection, including how it is and is not transmitted according to
           current scientific evidence;

    2.    District guidelines related to students and employees with diseases such as
           HIV infection;

    3.    resources within the District and the surrounding community for obtaining
           additional information or assistance and

    4.    procedures to prevent the spread of all communicable diseases at school.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Family and Medical Leave Act; 29 USC 2611 et seq.
                              ORC    3313.67; 3313.68; 3313.71
                                           3319.13; 3319.141; 3319.321
                                           3701.13; 3701.14
                                           3707.06; 3707.08; 3707.20; 3707.21; 3707.26
                                           3709.20; 3709.21
                              OAC    3301-35-02

CROSS REFS.:    AC, Nondiscrimination
                                ACB, Nondiscrimination on the Basis of Disability
                                EBBC, Bloodborne Pathogens
                                GBA, Equal Opportunity Employment
                                GBE, Staff Health and Safety
                                GBL, Personnel Records
                                JB, Equal Educational Opportunities
                                JO, Student Records
                                Staff and Student Handbooks

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File: GBEC


Each director and preschool staff member shall be examined by a licensed physician not more than thiry days before employment. An employment medical statement shall be on file and be available for review by the department. Employee medical statements shall be updated every three (3) years. The medical statement shall be provided either by a physician, physician's assistant, clinical nurse specialist, or certified nurse.

[Adoption date: September 17, 2009]

LEGAL REFS.:    ORC  3301-37-04

OTHER REF,;  July 1, 2009 Ohio Pre-School Revised Compliance Guidelines

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File: GBED (Also JHCE)


Studies have shown that hand washing and personal hygiene are the most important measures a person can use to prevent illness and communicable disease. Many germs can live for long periods on tables, counters and other hard surfaces. Hand washing with soap and warm water for a minimum of twenty (20) seconds, paying close attention to the surfaces between the fingers and on the back of the hands, is best for removing dirt and germs. The proper use of hand sanitizers is also useful in controlling the spread of germs.

It is the policy of Miamisburg City Schools that students and staff will implement the best practices of hand washing. Some of the best practices of hand washing outlined by the Ohio Department of Health include:

1.    After using the rest room;
2.    Before and after eating;
3.    If their hands are visibly soiled;
4.    If the student or staff member has encountered chemicals or other items, such as soil, in a science lab, art room, vocational facility or other educational venue that soils hands;
5.    If the student or staff member encountered chemicals during cleaning the school environment;
6.    After cleaning animal habitats or handling animals;
7.    Before and after each task when preparing food in any class such as family science or an integrated class;
8.    After athletic practices and games;
9.    If the student or staff member has encountered bodily fluids (e.g. blood, nasal discharge, mucous from coughing, etc.;
10.    After recess;
11.    After sneezing or coughing.

When soap and water are not available and hands are not visibly soiled, CDC guidance adds that alcohol-based, waterless disposable hand wipes or gel sanitizers may be used in place of hand washing on most occasions. Not all sanitizers are effective, however. A 60 percent minimum alcohol concentration is necessary to kill most harmful bacteria and viruses.

Hand washing signs will be posted at all rest rooms and/or hand sinks.

Soap, warm water and towels or an air dryer will be located at all hand washing areas.

The school will provide education in hand washing and hand hygiene at least once every school year.

[Adoption date:  September 17, 2009]

CROSS REF.:  GBED, Hand Washing

OTHER REF.: Ohio Department of Health, Montgomery County Combined Health DistrictFile:  GBF (Also KE)

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Employees are encouraged to live in the District and to participate actively in community affairs.

[Adoption date:  October 21, 2004]



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File:  GBG


Employees have the same fundamental civic responsibilities and privileges as other citizens.  Among these are campaigning for an elective public office and holding an elective or appointive public office.

The terms and conditions under which the employee may continue employment as he/she seeks or holds such office is determined by the Board and law.

Employees are not permitted to use District time, moneys, facilities, equipment or supplies to campaign nor are the employees to actively campaign while on duty.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Intergovernmental Personnel Act; 42 USC 4701 et seq.
                              ORC    124.57



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File:  GBH (Also JM)


The relationship between the District’s staff and students must be one of cooperation, understanding and mutual respect.  Staff members have a responsibility to provide an atmosphere conducive to learning and to motivate each student to perform to his/her capacity.

Staff members should strive to secure individual and group discipline, and should be treated with respect by students at all times.  By the same token, staff members should extend to students the same respect and courtesy that they, as staff members, have a right to demand.

Although it is desired that staff members have a sincere interest in students as individuals, partiality and the appearance of impropriety must be avoided.  Excessive informal and/or social involvement with individual students is prohibited.  Such conduct is not compatible with professional ethics and, as such, will not be tolerated.

Staff members are expected to use good judgment in their relationships with students both inside and outside of the school context including, but not limited to, the following guidelines.

    1.    Staff members shall not make derogatory comments to students regarding the
           school and/or its staff.

    2.    The exchange of purchased gifts between staff members and students is

    3.    Staff-sponsored parties at which students are in attendance, unless they are a
           part of the school’s extracurricular program and are properly supervised, are

    4.    Staff members shall not fraternize, written or verbally, with students except on
           matters that pertain to school-related issues.

    5.    Staff members shall not associate with students at any time in any situation or
           activity which could be considered sexually suggestive or involve the presence
           or use of tobacco, alcohol or drugs.

    6.    Dating between staff members and students is prohibited.

    7.    Staff members shall not use insults or sarcasm against students as a method of
           forcing compliance with requirements or expectations.

    8.    Staff members shall maintain a reasonable standard of care for the supervision,
            control and protection of students commensurate with their assigned duties and

    9.    Staff members shall not send students on personal errands.

 10.    Staff members shall, pursuant to law and Board policy, immediately report any
           suspected signs of child abuse or neglect.

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File:  GBH (Also JM)

 11.   Only appropriately certificated/licensed personnel may attempt to counsel,
          assess, diagnose or treat a student’s personal problem relating to sexual
          behavior, substance abuse, mental or physical health and/or family
          relationships.  Other staff members should refer the student to the appropriate
          individual or agency for assistance.

 12.   Staff members shall not disclose information concerning a student, other than
          directory information, to any person not authorized to receive such information. 
          This includes, but is not limited to, information concerning assessments, ability
          scores, grades, behavior, mental or physical health and/or family background

[Adoption date:  October 21, 2004]

CROSS REFS.:    GBCA, Staff Conflict of Interest
                                GBCB, Staff Conduct
                                GBI, Staff Gifts and Solicitations
                                JHG, Reporting Child Abuse
                                JL, Student Gifts and Solicitations
                               JO, Student Records
                                KBA, Public’s Right to Know

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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File:  GBI



The Board authorizes the expenditure of public funds to purchase meals, refreshments and favors for employees and Board members in the completion of their responsibilities.  The Board believes that such expenditures are necessary, on occasion, to further a public purpose in the general operation of the District.  Such public purpose includes, but may not be limited to, employee development activities, employee recognition activities and certain routine meetings that may be enhanced by such amenities.

Such expenditures shall be consistent with the Board’s purchasing policy and within the appropriation limits established by the Board.

Presentation of gifts to, and the arrangement of social affairs for, employees leaving the system are governed by the following.

    1.    Each building principal appoints, or employees may volunteer for, a small social
           committee to plan social affairs such as teas and luncheons.

    2.    Any gifts to be presented to departing employees by their respective groups
           are at the discretion of the group involved.

Travel Vendor Compensation

Any compensation paid by a private travel vendor to a District official or employee, after the official or employee has participated in selecting the vendor to provide a field trip, is considered “public money” and must be returned to the District.

All travel arrangements must be in compliance with District field trip regulations and approved by the Superintendent or his/her designee.

Personal Benefits from Travel Agents or Vendors

All cash, discounted tickets, vouchers and other items for personal use of a teacher or other employee from a travel agent or other vendor who is making or has made arrangements for travel for student trips are “public funds” and must be paid to the Treasurer promptly upon receipt.  This policy does not prohibit a teacher who is acting as a chaperone for a student trip from receiving a discounted or free ticket or lodging for that trip because the teacher is performing a school-related function on the trip rather than simply receiving a personal benefit.

If the District spends public funds for the purchase of tickets or other travel expenses for students, it may violate Ohio’s ethics laws for employees to receive a discounted or free ticket or lodging even for the trip on which he/she will be the chaperone, unless the District first receives the discounted or free ticket or lodging night and then makes the ticket and/or lodging available to the teacher.                                                                                       
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File:  GBI

All employees who receive cash, discounted tickets, vouchers or other items for personal use must complete the appropriate form and file it with the Treasurer’s office and submit such compensation to the Treasurer as “public funds” within two workdays of the receipt of the compensation.


The Superintendent annually approves all solicitations which are to be permitted in the schools.  No organization may solicit funds of staff members in the schools, nor may anyone distribute flyers or other materials related to fund drives through the schools, without the prior approval of the Superintendent.

Employees may not engage in the sale of products to the schools, even if the proceeds of such sales are intended for charitable or civic purposes.  No staff member is to collect any money or distribute any fund-raising literature without the expressed approval of the Superintendent.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    117.10
                                            3313.81; 3313.811

CROSS REFS.:    IGDG, Student Activities Funds Management
                                IICA, Field Trips
                               JL, Student Gifts and Solicitations

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File:  GBK


The Board recognizes that the use of tobacco represents a health and safety hazard which can have serious consequences for tobacco users and tobacco nonusers.  In order to protect the students, staff, employees, volunteers, visitors, parents and guests from an environment that may be harmful, the Board prohibits the use of tobacco products in any building, in any vehicle including vehicles owned, leased rented or chartered by the school district; and any school grounds, athletic grounds or parking lots; and at any school-sponsored or school-related event, whether such event occurs on-campus or off-campus. No facility is permitted to use tobacco products at any time, including non-school hours.  

For the purpose of this policy, “tobacco products” is defined to include any product that contains tobacco, is derived from tobacco or contains nicotine that is intended for human consumption, or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, or ingested by other means.  The term “tobacco products” includes e-cigarettes and other electronic smoking devices.

Appropriate signs indicating that tobacco product use is not permitted will be posted throughout the district and entrances and other appropriate locations on all academic buildings, administrative spaces, parking lots, and athletic fields.
Each building administrator and/or supervisor posts the policy and provides each employee with a copy of the policy.

Compliance is required by ORC Chapter 3794.  Violations are subject to disciplinary measures in accordance with Board policy and the negotiated agreement.

[Adoption date:  October 21, 2004]
[Revised date:     December 21, 2006]
[Revised date:  September 18, 2014]

LEGAL REFS.:    ORC    3313.20; 3313.47
    Goals 2000:  Educate America Act; 20 USC 6081-6084
    ORC 3794.01 – 3794.09

CROSS REFS.:    JFCG, Tobacco Use by Students
    KGC, Smoking on District Property

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File:  GBL


The Superintendent develops and implements a comprehensive and efficient system of personnel records.  The Superintendent/designee is hereby designated as the employee directly responsible for the personnel records system.  The following guidelines govern such records.

    1.    Personnel files contain records and information relative to compensation,
           payroll deductions, evaluations and such information as may be required by the
           state or federal government or considered pertinent by the Superintendent. 
           Anonymous material or material from an unidentified source are not placed in a
           staff member’s file.

    2.    A personnel file for each employee is accurately maintained in the District office
           in accordance with administrative regulations incorporating the requirements
           set forth under the Ohio Privacy Act for the protection of employees. 
           Employees will be notified whenever personal information concerning them is
           placed in their file.

    3.    Ohio law requires that all public records be promptly prepared and made
           available for inspection to any member of the general public at all reasonable
           times during regular business hours.  Upon request, the person directly
           responsible for the personnel records is required to make copies available at
           cost, within a reasonable period of time.

    4.    The public has access to all records in the personnel file with the following
            A.    medical records;
            B.    records pertaining to adoption, probation or parole proceedings;
            C.    trial preparation records;
            D.    confidential law enforcement investigatory records;
            E.    social security number and
            F.    records of which the release is prohibited by State or Federal law.

    5.    Each employee has the right, upon written request, to review the contents of
           his/her own personnel file.  If a document is not disclosed to the employee
           because it is determined by a physician, psychiatrist or psychologist to be likely
           to have an adverse effect upon the employee, the document will be released to
           the designated medical authority.  Requests are made to the Superintendent
           and scheduled for a time convenient for the parties involved.

    6.    Employees may make written objections to any information contained in the
            file.  Any written objection must be signed by the staff member and becomes
            part of the employee’s personnel file after the appeal procedure outlined in the
            Ohio Revised Code.  The appeal procedure permits any employee who
            disputes the accuracy, relevance, timeliness or completeness of information
            maintained in his/her file to compel the District to investigate the current status
            of the information.

    7.    Personnel records should be reviewed only within the confines of the Board

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File:  GBL

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    9.01; 9.35
                                           149.41; 149.43
                                           1347.01 et seq.
                              OAC    3301-35-03(A)(10)

CROSS REF.:    KBA, Public’s Right to Know

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement

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File:  GBM


The Board encourages the administration to develop effective means for resolving differences that may arise among employees, reducing potential areas of grievances and establishing and maintaining recognized channels of communication.

Grievance procedures should provide for prompt and equitable adjustment of differences at the lowest possible administrative level.  Each employee should be assured the opportunity for an orderly presentation and review of complaints and concerns.

The procedures established for the resolution of grievances in contracts negotiated with recognized employee bargaining units applies only to “grievances” as defined in the particular contract(s).

[Adoption date:  October 21, 2004]

LEGAL REFS.:    ORC    4117.09; 4117.10

CROSS REF.:    GBB, Staff Involvement in Decision Making (Also ABB)

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement



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File:  GBN


The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides for certain employees of the District and their dependents to be allowed to purchase extended group health insurance coverage for a limited period of time following their cessation of employment with the District.  The Board contracts with a plan administrator who coordinates the program and provides the notices which are necessary.

    1.    Initial Notices

           A.    The plan administrator must give a written notice describing the extended
                   coverage rights to all employees and spouses covered by the group health
                   insurance plan.

           B.    The plan administrator must give a written notice describing extended
                   coverage rights to each newly covered employee and spouse at the time
                   their group health plan coverage begins.  If a covered employee marries
                   following the effective date of this policy, it is the employee’s responsibility
                   to inform the Board.  The Board informs the plan administrator, who is then
                   responsible for providing the new spouse with the proper notice. 

    2.    Notices Related to Event Triggering Continuation Coverage and Election by

           A.    The Board is responsible for notifying the plan administrator, within 30
                   days, of the death, separation of employment or reduction of hours (leading
                    to less coverage) of an employee and of an employee’s entitlement to
                    Medicare benefits.

          B.    The employee or beneficiary is responsible for notifying the plan
                  administrator of the divorce or legal separation of the employee and spouse
                  and of the termination of eligibility of a dependent child.

          C.    The plan administrator must notify the affected employee and dependents
                  of their extended coverage rights within 14 days after the plan administrator
                  is notified of the event which could lead to loss of coverage.

          D.    The employee or dependent is given a period of 60 days after this notice is
                  given in order to elect the extended coverage and to present payment of
                  any applicable premium costs back to the cessation of coverage.

    3.    Employees’ and Dependents’ Rights Upon Loss of Coverage

           A.    The extended coverage offered to eligible employees and their dependents
                   is the same coverage as that provided under the current group plan to
                   “similarly situated” individuals who remain eligible for regular (i.e.,
                   nonextended) coverage.

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File:  GBN

          B.    If an employee incurs a termination of employment, whether voluntary or
                  involuntary (other than for “gross misconduct”), or a reduction of hours which
                  results in loss of coverage, he/she will be offered the extended coverage
                  (including extended coverage for dependents who would otherwise lose
                  existing coverage) for up to 18 months.

          C.    If an employee’s spouse or children who are covered as dependents under
                  the group health plan would lose coverage because of the death of the
                  employee, divorce, legal separation or the employee’s becoming eligible
                  for Medicare, the spouse and children will be offered the extended
                  coverage for up to 36 months.

          D.    If an employee’s dependent child who is covered by the group health plan
                  ceases to be a dependent child under the terms of the plan and thereby
                  loses coverage, the child must be offered extended coverage for up to 36

    4.   Early Retirement of Coverage

           Extended coverage elected by an eligible employee or dependent is terminated
           before the expiration of the relevant 18- or 36-month period if the covered

           A.    becomes covered by another employer-sponsored group health plan as a
                   result of employment, re-employment or remarriage;

           B.    becomes covered by Medicare or

           C.    fails to pay for the coverage.

    5.    Cost of Coverage to the Employee and/or Dependents

            A.    Eligible individuals who elect extended coverage can be charged 102% of
                    the cost of the extended coverage.  The cost of the extended coverage is
                    the cost for the same period of coverage for similarly situated employees
                    or dependents who remain eligible for regular coverage.
            B.    The health care coverage to which this policy applies includes major
                    medical, hospitalization, surgical and dental insurance but does not
                    include life insurance.

[Adoption date:  October 21, 2004]

LEGAL REF.:    Consolidated Omnibus Budget Reconciliation Act; 42 USC 300bb-1 et seq.

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File:  GBO


The Board complies with all aspects of the Immigration Reform and Control Act.  The Board delegates to the Superintendent the responsibility of establishing procedures to ensure compliance with this act.

Federal law requires that all employers and employees hired after November 6, 1986 complete an Employment Eligibility Verification Form (Form I-9) provided by the U.S. Immigration and Naturalization Service.  All such employees must provide documents which establish both identity and employment eligibility in order for Form I-9 to be completed and signed by both the employee and the appropriate District official.

The Employment Eligibility Verification Form (Form I-9) must be retained for three years or for one year past the end of the employment of an individual, whichever is longer.  Such forms must be made available for inspection to an Immigration and Naturalization Service (INS) or Department of Labor (DOL) officer upon request.

[Adoption date:  October 21, 2004]

LEGAL REF.:    Immigration Reform and Control Act; 8 USC 1324a et seq.

CROSS REF.:    AC, Nondiscrimination



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File:  GBO-R


In order to comply with Federal law the following verification of employment eligibility procedures will apply:

Completion of Form I-9

The Superintendent or his/her designee will have the following employees complete Form I-9’s:

    1.    persons hired after May 31, 1987 Form I-9 must be completed within three
           business days of the date of the hire.  If an individual is employed for less than
           three days, the form must be completed before the end of the employee’s first
           working day or

    2.    persons hired between November 7, 1986 and May 31, 1987 Form I-9 must
           have been completed before September 1, 1987.

The following individuals do not need to complete Form I-9:

    1.    persons hired before November 7, 1986;

    2.    persons hired after November 6, 1986, who left your employment before June 1,

    3.    persons who provide labor to you who are employed by a contractor providing
           contract services or

    4.    persons who are independent contractors.

The Superintendent or designee is also responsible for reverifying employment eligibility of employees who employment eligibility documents carry an expiration date.

Acceptable Documents for Verifying Employment Eligibility

All employees hired after November 6, 1986 will need to provide a document or documents that establish identity and employment eligibility.  The following lists identify acceptable documents:

List A

Documents that establish identify and employment eligibility:

    1.    United States passport;

    2.    Certificate of United States Citizenship (INS Form N-560 or N-561);

    3.    Certificate of Naturalization (INS Form N-550 or N-570);

    4.    unexpired foreign passport which:

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File:  GBO-R

             A.    contains an unexpired stamp which reads “Processed for I-551. 
                     Temporary Evidence of Lawful Admission for permanent residence.  Valid
                     until ______.  Employment authorized” or

             B.    has attached thereto a Form I-94 bearing the same name as the passport
                    and contains an employment authorization stamp, so long as the period of
                    endorsement has not yet expired and the proposed employment is not in
                    conflict with any restrictions or limitations identified on the Form I-94.

    5.    Alien Registration Receipt Card (INS Form I-151) or Resident Alien Card (INS
           Form I-551), provided that it contains a photograph of the bearer;

    6.    Temporary Resident Card (INS Form I-68) or

    7.    Employment Authorization Card (INS Form I-688A).

List B

Documents that establish identity for individuals 16 years of age or older:

    1.    state-issued driver’s license or state-issued identification card containing a
           photograph.  If the driver’s license or identification card does not contain a
           photograph, identifying information should be in included, such as name, date of
           birth, sex, height, color of eyes and address;

    2.    school identification card with a photograph;

    3.    voter’s registration card;

    4.    United States Military card or draft record;

    5.    identification card issued by federal, state or local government agencies;

    6.    military dependent’s identification card;

    7.    Native American tribal documents;

    8.    United States Coast Guard Merchant Mariner Card or

    9.    driver’s license issued by a Canadian government authority.

For individuals under age 16 who are unable to produce one of the documents listed above:

    1.    school record or report card;

    2.    clinic doctor or hospital record or

    3.    daycare or nursery school record.

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File:  GBO-R

List C

Documents that establish eligibility:

    1.    Social Security number card, other than one which has printed on its face “not
            valid for employment purposes”;

        NOTE:  This must be a card issued by the Social Security Administration; a
        facsimile (such as a metal or plastic reproduction that people can buy) is not

    2.    an original or certified copy of a birth certificate issued by a state, county or
           municipal authority bearing an official seal;

    3.    unexpired INS employment authorization;

    4.    unexpired reentry permit (INS Form I-327);

    5.    unexpired Refugee Travel Document (INS Form I-571);

    6.    Certification of Birth issued by the Department of State (Form FS-DS-1350);

    7.    Certification of Birth Abroad issued by the Department of State (Form

    8.    United States Citizen Identification Card (INS Form I-197);

    9.    Native American tribal document or

    10.    identification card for use of Resident Citizen in the United States (INS Form

Retention of Employment Eligibility Verification Form (Form I-9)

The Superintendent or designee must retain Form I-9 for three years or for one year past the end of the employment of the individual, whichever is longer.  Such forms will be retained in a separate file and shall be considered to be confidential and used only for employment eligibility verification purposes.

Preparation of Documents for Inspection

U.S. Immigration and Naturalization Service (INS) or Department of Labor (DOL) Officers are required to give employers three days advance notice before an inspection.  Failure to provide the I-9 Forms could result in civil penalties for each employee for whom the form was not completed, retained or presented.

(Approval date:  October 21, 2004)

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No employee shall unlawfully manufacture, distribute, dispense, possess or use any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, alcohol or any other controlled substance, as defined in Federal and Ohio law, in the workplace.

“Workplace” is the site for the performance of any work done in connection with the District.  The workplace includes any District building, property, vehicles or Board-approved vehicle used to transport students to and from school or school activities (at other sites off District property) or any school-sponsored or District activity, event or function, such as a field trip or athletic event in which students are under the jurisdiction of District authorities.

As a condition of employment, each employee shall notify his/her supervisor, in writing, of his/her conviction of any criminal drug statute for a violation occurring in the workplace as defined above, not later than five days after such conviction.

Employees are given a copy of the standards of conduct and the statement of disciplinary sanctions and are notified that compliance with the standards of conduct is mandatory.  Employees who violate the policy shall be subject to disciplinary proceedings in accordance with prescribed administrative regulations, local, Ohio and Federal laws and/or the Negotiated Agreement, up to and including termination.  Any employee in violation of this policy may be required to participate in a drug-abuse assistance or rehabilitation program approved by the Board.

Employees may be provided the opportunity to participate in a drug-free awareness program to inform them of requirements, services and penalties.

A list of local drug and alcohol counseling, rehabilitation and re-entry programs and services offered in the community is made available to employees.  Lists are available in the central office.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Drug-Free Workplace Act of 1988; 41 USC  701 et seq.;
                               20 USC 3474, 1221e-3(a)(1)
                               Drug-Free Campus and Schools Act; 20 USC 3224(a)

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                       Classified Staff Negotiated Agreement



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The Board shall request from the Superintendent of the Bureau of Criminal Identification and Investigation (BCII) criminal record checks including an FBI check of candidates under final consideration for employment or appointment in the District if the candidates are responsible for the care, custody or control of students.

The Board may employ persons responsible for the care, custody or control of students on the condition that the candidate submit to and pass a BCII and FBI criminal record check in accordance with the Ohio Revised Code.  Applicants are given a separate written statement informing them that the Board may use a criminal record check as part of the initial hiring process and at various times during the employment career.  This notice must be on a separate document which only contains this notice.  The applicant’s written authorization to obtain the criminal record check will be obtained prior to obtaining the criminal record check.

Prior to taking an adverse action against an applicant or employee (such as declining to employ, reassigning an employee, denying a promotion, suspension, nonrenewal or termination) based in whole or in part on a criminal record check, the applicant or employee will be given a written pre-adverse action disclosure statement which will include a copy of the criminal record check and the Federal Trade Commission’s notice entitled “A Summary of Your Rights Under the Fair Credit Reporting Act.”

After taking an adverse action, the applicant or employee will be given a written adverse action notice which includes the name, address and telephone number of BCII, a statement that BCII did not make the decision to take the adverse action and cannot give specific reasons for it, the individual’s right to dispute the accuracy or completeness of any information furnished by BCII and the individual’s right to an additional free criminal record check from BCII upon request within 60 days.  Any person conditionally hired who fails to pass a BCII and FBI criminal background check shall be released from employment.

An applicant for employment may provide a certified copy of a BCII and FBI criminal background check to the District in compliance with the Ohio Revised Code.  The District may accept this background check in place of its own background check if the date of acceptance by the District is within one year after the date of issuance by the BCII.

For bus driving applicants, a BCII, FBI, county or local law enforcement agency records check is required.  For currently employed bus drivers, a new report is required every six years.

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Current and prospective volunteers who have or will have unsupervised access to children on a regular basis may, at any time, be subject to a criminal record check (BCII/FBI).
Any and all information obtained by the Board or persons under this policy is confidential and shall not be released or disseminated.  Any applicant not hired because of information received from the record check shall be assured that all records pertaining to such information are destroyed.

[Adoption date:  October 21, 2004]
[Revised:    February 21, 2008]

LEGAL REFS.:    Fair Credit Reporting Act; 15 USC 1681 et seq.
                              ORC    109.57; 109.572
                              OAC    3301-83-06

CROSS REFS.:    GCD, Certificated Staff Hiring
                                GCPD, Suspension and Termination of Certificated Staff Members
                                GDD, Classified Staff Hiring
                                GDPD, Suspension, Demotion and Termination of Classified Staff 
                                 IICC, School Volunteers
                                 LEA, Student Teaching and Internships

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The Board provides leave to eligible employees consistent with the Family and Medical Leave Act (FMLA).  Eligible employees are entitled to up to 12 work weeks of unpaid family and medical leave in any 12-month period.  The Board continues to pay the District’s share of the employee’s health benefits during the leave.  In addition, the District restores the employee to the same or a similar position after the termination of the leave in accordance with Board policy.

In complying with the FMLA, the District adheres to the requirements of applicable Federal and State laws.

Additional information is contained in the regulations which follow this policy.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    Family and Medical Leave Act; 29 USC 2611 et seq.
                               ORC    124.38
                                             3319.08; 3319.09; 3319.13; 3319.131; 3319.141

CROSS REFS.:    GCBD, Certificated Staff Leaves and Absences
                                GDBD, Classified Staff Leaves and Absences

CONTRACT REFS.:    Teachers’ Negotiated Agreement
                                        Classified Staff Negotiated Agreement



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Family Medical Leaves and Absences

An employee who has worked for the District for at least 12 months is eligible for 12 work weeks of FMLA Leave during a 12-month period, provided the employee worked at least 1,250 hours it the 12 months preceding the beginning of the leave.

Types of Leave

An eligible employee may take FMLA Leave for:

    1.    the birth and first-year care of a child;

    2.    adoption or foster placement of a child;

    3.    the serious illness of an employee’s spouse, parent or child or

    4.    the employee’s own serious health condition that keeps the employee from
           performing the essential functions of his/her job.

An employee may elect, or the District may require an employee, to use accrued paid vacation, personal or sick leave for purposes of a family leave.  An employee cannot compel the District to permit the employee to use accrued medical/sick leave in any situation which the leave could not normally be used.

Spouses Employed by the District

If a husband and wife eligible for leave are employed by the District, their combined amount of leave for birth, adoption, foster care placement and parental illness may be limited to 12 weeks.  An employee may not take FMLA Leave to care for a parent-in-law.

Intermittent and Reduced Leave

Intermittent leave is leave taken in separate blocks of time due to a single illness or injury.

Reduced leave is a leave schedule that reduces the employee’s usual number of hours per work week or hours per workday.

Intermittent or reduced leave is available only for the employee’s own serious health condition or to care for seriously ill spouse, child or parent.  Such leave may not be used for the birth or adoption/placement of a child.

The employee who wishes to use intermittent or reduced leave must have the prior approval of the District.  Although the District and employee may agree to an intermittent or reduced leave plan, the employee who uses family leave is not automatically entitled to use such leave on an intermittent basis or on a reduced leave schedule.

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The District may provide such leave for medical leave but the District may transfer the employee to a position which is equivalent, but more suitable for intermittent periods of leave.  The employee must furnish the District with the expected dates of the planned medical treatment and the duration of the treatment.  The Superintendent must authorize such leave in writing.


The District will maintain the employee’s health coverage under the District’s group health insurance plan during the period of FMLA leave.  The employee should make arrangements with the District to pay the employee’s share of health insurance (e.g. family coverage) prior to the beginning of the FMLA leave.

The employee will not lose any other employment benefit accrued prior to the date on which leave began but is not entitled to accrue seniority or employment benefits during the leave period.  Employment benefits could include group life insurance, sick leave, annual leave, educational benefits and pensions.


When the FMLA leave is foreseeable, the employee must notify the District of his/her request for leave at least 30 days prior to the date when the leave is to begin.  If the leave is not foreseeable, the employee must give notice as early as is practical.  When the employee requests medical leave, the employee must make reasonable attempts to schedule treatment so as not to disrupt the District’s operations.

The District may deny the leave if the employee does not meet the notice requirements.


The District may require the employee to provide certification from a health care provider containing specific information required under the law if he/she requests a medical leave.  If there is a question concerning the validity of such certification, a second and if necessary, a third opinion can be required both at the expense of the District.

Upon the employee’s return to work, the District will require that the employee present a fitness statement from the employee’s health care provider certifying that the employee is able to return to work.


When the employee returns from the leave, the District will restore the employee to the same or an equivalent position with equivalent benefits, pay, terms and conditions of employment in accordance with Board policy.

Under certain circumstances, the District may deny restoration to a key employee.  The District will comply with the notice requirements of the FMLA in denying restoration.  A key employee is one who is among the highest paid 10% of the employees and whose absence would cause the District to experience a substantial and grievous economic injury.

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Instructional Employees

Special leave rules apply to instructional employees.  Instructional employees are those employees whose principal function is to teach and instruct students in a small group or an individual setting.  This term includes teachers, athletic coaches and special education assistants such as signers for the hearing impaired.  It does not include teacher assistants or aides who do not have as their principal job actual teaching or instruction, nor does it include auxiliary personnel such as counselors, psychologists or curriculum specialists.  It also does not include cafeteria workers, maintenance workers or bus drivers.

Limitations apply to instructional employees who take intermittent or reduced leave.  If the leave requested is:

    1.    to care for a family member or

    2.    for the employee’s own serious health condition and

    3.    is foreseeable based on planned medical treatment and

    4.    the employee would be on leave for more than 20% of the total number of
           working days over the period the leave would extend.

Then the District may require the employee to choose either to:

    1.    take the leave for a period or periods of a particular duration, not greater than
           the planned treatment or

    2.    transfer temporarily to an available alternative position for which the employee
           is qualified, which has equivalent pay and benefits and which better
           accommodates recurring periods of leave than does the employee’s regular

Limitations also apply to instructional employees who take leave near the end of a semester.  When an instructional employee begins leave more than five weeks before the end of a semester, the District may require the employee to continue taking leave until the end of the semester if:

    1.    the leave will last at least three weeks and

    2.    the employee would return to work during the three week period before the end
           of the semester.

When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the five week period before the end of the semester, the District may require the employee to continue taking leave until the end of the semester if:

    1.    the leave will last more than two weeks and

    2.    the employee would return to work during the two week period before the end of
           the semester.

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When an instructional employee begins leave for a purpose other than the employee’s own serious health condition during the three week period before the end of a semester and the leave will last more than five working days, the District may require the employee to continue taking leave until the end of the semester.

Failure to Return

The District is entitled to recover health care premiums paid during the leave if the employee fails to return from leave.  However, recovery cannot occur if the employee fails to return because of the continuation, recurrence, or onset of a serious health condition or due to circumstances beyond the control of the employee.

(Approval date:  October 21, 2004)

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The Health Insurance Portability and Accountability Act of 1996 (HIPAA) grants individuals the right to receive notice of the uses and disclosures of their protected health information that may be made by the District, and sets forth the individual's rights and the District's legal obligations with respect to protected health information. The purpose of this policy is to assist the District in complying with the HIPAA privacy standards, to ensure that individuals receive adequate notice of the District's practices with regard to the dissemination and use of protected health information, and to protect the confidentiality and integrity of protected health information.

Confidentiality of Individually Identifiable Health Information

All officers, employees and agents of the District must preserve the confidentiality and integrity of individually identifiable health information pertaining to any individual. Individually identifiable health information is protected health information and shall be safeguarded to the extent possible in compliance with the requirements of the security and privacy rules and standards established by the HIPAA.

The District and its employees will not use or disclose an individual's protected health information for any purpose without the properly documented consent or authorization of the individual or his/her authorized representative unless required or authorized to do so under State or Federal law or this policy, unless an emergency exists or unless the information has been sufficiently de identified that the recipient of the information would be unable to link the information to a specific individual.

All employees of the District are expected to comply with and cooperate fully with the administration of this policy. The District will not tolerate any violation of the HIPAA privacy or security standards or this policy. Any such violation constitutes grounds for disciplinary action, up to and including termination of employment.

Any employee of the District who believes that there has been a breach of these privacy and security policies and procedures or a breach of the integrity or confidentiality of any person's protected health information shall immediately report such breach to his/her immediate supervisor or the Board-appointed privacy/security officer. The privacy/security officer shall conduct a thorough and confidential investigation of any reported breach and notify the complainant of the results of the investigation and any corrective action taken.

The District will not retaliate or permit reprisals against any employee who reports a breach to the integrity or confidentiality of protected health information.  Any employee involved in retaliatory behavior or reprisals against another individual for reporting an infraction of this policy is subject to disciplinary action up to and including termination of employment.

Prior to releasing any protected health information for the purposes set forth above, the District representative disclosing the information shall verify the identity and authority of the individual to whom disclosure is made. This verification may include the examination of official documents, badges, driver's licenses, workplace identity cards, credentials or other relevant forms of identification or verification.

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If the privacy/security officer determines that there has been a breach of this privacy policy or of the procedures of the District, he/she shall make a determination of the potentially harmful effects of the unauthorized use or disclosure and decide upon a course of action to minimize the harm.  Any individual responsible for the unauthorized use or disclosure is referred to the Superintendent or his/her designee for appropriate disciplinary measures.

Privacy/Security Officer

The Treasurer shall be the privacy/security officer for the District. The privacy/security officer is responsible for overseeing all ongoing activities related to the development, implementation, maintenance and adherence to the District's policies and procedures concerning the security and privacy of protected health information.


The District shall distribute a Notice of Privacy Practices to individuals at the time of their enrollment in the health plan and within 60 days of any material revision. The notice shall also be posted in a clear and prominent location in each facility in the District and be printed in staff handbooks and the health plan booklet. The District will also notify individuals covered by the health plan of the availability of and how to obtain the notice at least once every three years.


All employees shall receive training regarding the District's privacy policies and procedures as necessary and appropriate to carry out their job duties. Training shall also be provided when there is a material change in the District's privacy practices or procedures.


Documentation shall be required in support of the policies and procedures of the District and all other parts of the HIPAA privacy regulations that directly require documentation, including, but not limited to, all authorizations and revocations of authorizations, complaints and disposition of complaints. All documentation is kept in written or electronic form for a period of six years from the date of creation or from the date when it was last in effect, whichever is later.

[Adoption date:  October 21, 2004]

LEGAL REFS.:    45 C.F.R.
                              ORC    9.01; 9.35
                                           149.41; 149.43
                                           1347.01 et seq.
                              OAC    3301-35-03(A)(10)

CROSS REF.:    KBA, Public’s Right to Know

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(Effective Date: April 14, 2003)


If you have any questions about this notice, please contact the school’s Chief Fiscal Officer.

Who Will Follow the Requirement of This Notice?  This notice describes the District's practices and those of its employees and business associates.  The District, its employees, and its business associates may share medical information with each other for the purposes of treatment, payment or other operations of the District as described in this notice.

Privacy of Health Information.  We understand that medical information about you and your health is personal.  This notice tells you about the ways in which we may use and disclose medical information about you.  We also describe your rights and certain obligations that we have, regarding the use and disclosure of medical information.  We are required by law to:

    1.    assure the medical information that identifies you is kept private;

    2.    give you this notice of our legal duties and privacy practices with respect to
            medical information about you and

    3.    follow the terms of the notice that is currently in effect.

Use and Disclosure of Medical Information.  The following describes the different ways that we may use and disclose medical information.  Generally, private health information may be released without your authorization for the purposes of treatment, payment or other healthcare operations of the District.  Medical information may also be released for the following purposes:
    1.    as required by law;

    2.    for public health services;

    3.    in connection with the investigation of abuse, neglect or domestic violence;

    4.    to health oversight agencies in connection with health oversight activities;

    5.    for judicial and administrative proceedings;

    6.    for law enforcement purposes;

    7.    to coroners, medical examiners and funeral directors;

    8.    for research if a waiver of authorization has been obtained;

    9.    to prevent serious and imminent harm to the health or safety of a person or the

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    10.    for specialized governmental functions;

    11.    for military and veterans activities;

    12.    for national security and intelligence;

    13.    for protective services for the President and others;

    14.    to the Department of State to make medical suitability determinations;

    15.    to correctional institutions and law enforcement officials regarding an inmate

    16.    for workers' compensation if necessary to comply with the laws relating to
             workers' compensation and other similar programs.

Rights Regarding Medical Information.  You have the following rights regarding medical information that we maintain about you:

    1.    Right to Inspect and Copy.  You have the right to inspect and copy medical
           information that may be used to make decisions about you, including medical
           and billing records.  To inspect and copy medical information about you, you
           must submit your request in writing to the CFO.  If you request a copy of this
           information, we may charge a fee for the costs of copying, mailing or other
           supplies associated with your request.  We may deny your request to inspect
           and copy in certain very limited circumstances.  If you are denied access to
           medical information, you may request that the denial be reviewed by the Board 
           of Education.

    2.    Right to Amend.  If you feel that the medical information we have about you is
           incorrect or incomplete, you may ask us to amend the information.  You have the
           right to request an amendment for as long as the information is kept by or for the
           District.  To request an amendment, your request must be made in writing and
           submitted to the CFO.  In addition, you must provide a reason that supports your
           request.  We may deny your request if the information:
           A.    is not in writing or properly supported by a reason;
           B.    was not created by us;
           C.    is not part of the medical record kept by the District;
           D.    is not part of the information that you would be permitted to inspect and
                   copy or
           E.    is accurate and complete.

    3.    Right to an Accounting.  You have the right to request an "accounting of
           disclosures."  This is a list of the disclosures we have made of medical
           information about you.  To request this list, you must submit your request in
           writing to the CFO.  Your request must state a time period that may not be
           longer than six years and may not include dates before April 14, 2003.  Your
           request must also indicate in what form you want the list (for example, on paper
           or electronically).  The first list that you request within a 12 month period is free. 
           For additional lists, we may charge you for the cost of providing the list.  We will
           notify you of the cost involved and you may choose to withdraw or modify your
           request before any cost is incurred.

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    4.    Right to Request Restrictions.  You have the right to request a restriction or
           limitation on the medical information that we use or disclose about you for
           treatment, payment or healthcare operations.  You also have the right to request
           a limit on the medical information that we disclose about you to someone who is
           involved in your care or the payment for your care.  However, we are not
           required to agree to your request.  If we do agree, we will comply with your
           request unless the information is needed to provide you with emergency
           treatment.  To request restrictions, you must make a written request to the CFO
           telling us what information you want to limit; whether you want to limit our use,
           disclosure or both; and to whom you want the limits to apply, for example,
           disclosures to your spouse.

    5.    Right to Request Confidential Communications.  You have the right to request
           that we communicate with you about medical matters in a certain way or at a
           certain location, for example, by mail or only at work.  To request confidential
           communications, you must make your request in writing to the CFO and specify
           how or where you wish to be contacted.  We will not ask you the reason for your
           request and will accommodate all reasonable requests.

    6.    Right to a Paper Copy of This Notice.  You have the right to a paper copy of this
           notice.  You may ask us to give you a copy of this notice at any time.  Even if you
           have agreed to receive this notice electronically, you are still entitled to a paper
           copy.  You may obtain a copy of this notice by contacting the CFO’s office.

Changes to This Notice.  We reserve the right to make changes to this notice, and to make the revision or change applicable to medical information we already have about you, We will post a copy of the current notice in each building in the District.

Complaints.  If you believe your privacy rights have been violated, you may file a complaint with the District.  To file a complaint, please contact the school CFO.

All complaints must be submitted in writing.  You can also complain to the Office for Civil Rights, U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Room 509F, HHH Building, Washington, DC 20201 0004; (800) 368 1019.

Other Uses of Medical Information. Other uses and disclosures of medical information not covered by this notice will be made only with your written permission.  If you provide us with permission to use or disclose medical information about you, you may revoke that permission in writing at any time.  If you revoke your permission, we will no longer use or disclose medical information about you for the reason covered by your written authorization.  However, we will not be able to take back any disclosures that we already made during any period in which your permission was in effect.

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