2025-2026 DPS Employee Handbook by Durham Public Schools

EMPLOYEE HANDBOOK OVERVIEW

This online Employee Handbook provides information about employee rights and responsibilities related to employment with Durham Public Schools (DPS). These rights and responsibilities are based on state and federal law, Board Policies and/or district practices, and it is the employee’s responsibility to be familiar with and comply with all these rules and regulations. Although the Employee Handbook summarizes many detailed provisions about employment, benefits, and other related matters, the official policies, laws, regulations, and procedures will always govern when questions arise. DPS Board Policies are located here and are aligned with other NC public school districts associated with the North Carolina School Boards Association. The contents of this handbook are not intended to create or imply any contract rights or additional benefits beyond what is provided by law or policy.

STATE AND FEDERAL WORKPLACE RIGHTS POSTERS

Employees can access all required federal and state posters concerning their rights by clicking here (English version) or aqui (en Espanol).

NEW & IMPORTANT INFORMATION FOR 2025-2026

• Changes to Student Cellphone Use Starting this school year, a new law requires that all North Carolina students must keep their cellphones and other wireless communication devices turned off and put away during instructional time. This means that devices cannot be used for texting, calling, accessing social media, or any other purpose while classes are in session. Devices may be used during non-instructional time. House Bill 959 also requires schools to teach social media literacy skills to students.

• New Student Information System Beginning in the 2025-26 school year, Durham Public Schools is transitioning to a new student information system, NCSIS powered by Infinite Campus. This system will replace PowerSchool as your one-stop-shop for grades, attendance, and other important school information.

• School-to-Home Communication This year, Durham Public Schools will launch a districtwide two-way messaging tool that will make communicating with families easier and more efficient. The new tool, called Rooms, is part of the same platform that runs the district website and app, which will integrate and streamline the process for teachers and district leaders to communicate with families. From now on, communication from our schools will all exist in one place: The DPS district app. Parents and guardians can also receive messages from their teachers via text and email or can check notifications via a web browser.

• New Technology Fee Beginning this school year, a $15 annual technology fee is required for students in grades K-5 and a $30 annual technology fee is required for students in grades 6-12. The technology fee can be paid at the DPS Online Pay Portal. The technology fee is being assessed to support device sustainability and repair. This fee covers one accidental damage repair per school year (e.g., cracked screen, keyboard damage). It does not cover:

• Lost devices, intentional damage, or multiple incidents of damage.

• Lost or damaged charger. Students can purchase replacement chargers through the DPS Online Pay Portal If a second accidental damage occurs in the same school year:

• The family will be responsible for the full cost of repairs or replacement.

• The student will be issued a school-use-only device that remains on campus.

• Every DPS student is entitled to free breakfast and lunch every day due to our participation in the Community Eligibility Provision program. CEP allows every scholar to eat two delicious meals each day without application.

• Durham Public Schools is in its second year of Growing Together, a districtwide academic initiative that provides access to excellent programs that are designed to prepare our scholars for success beyond graduation. Secondary school boundary and pragmatic changes begin this year.

DURHAM PUBLIC SCHOOLS: WHO WE ARE

Mission

Durham Public Schools embraces, educates, and empowers every student to innovate, serve, and lead.

Vision

Igniting Limitless Potential

Core Beliefs

Equity: Our students and schools deserve equitable access to the resources and opportunities they need to succeed. Durham Public Schools and the community must distribute those resources in a manner that eliminates inequities.

Shared Responsibility: Durham Public Schools must be intentional in acting collaboratively and involving all stakeholders, ensuring that our community utilizes its collective resources to support every child. The Durham community shares responsibility with DPS for the success of our children.

High Expectations: Durham Public Schools will challenge every stakeholder, especially our students and educators, to embrace a growth mindset: the belief that every child can be academically successful. It is our expectation that all of our students will excel globally and reach their highest potential.

A Child-centered Approach: Our students deserve an education that is caring, is culturally responsive and embraces the whole child. Durham Public Schools will address the social, emotional, and academic needs of each student.

About DPS:

Thank you for choosing Durham Public Schools and welcome to the DPS family!

Your name has now been added to the list of reasons why we’re one of the best places to work. You, our outstanding educators and staff, are the heartbeat of our district. Our students, of course, are coupled with you at the top of the list because we could not exist without either of you.

You’ve joined a school system–one of the 10 largest in North Carolina proudly serving over 31,000 students across both the city and county of Durham – that is rapidly gaining recognition as one of the South's most vibrant communities, celebrated for its rich history, diverse culture, and commitment to excellence in education.

As an employee of Durham Public Schools, you have become part of a community that is dedicated to fostering an environment of growth, inclusivity, and academic achievement.

Our district reflects the diversity and dynamism of Durham's population of more than 300,000 residents, close to the celebrated Research Triangle Park (RTP) which is home to more than 170 high-tech companies. Our schools include traditional settings, innovative magnet programs, year-round calendar schools, an online academy, and specialized high schools tailored to specific interests and career paths. We offer a wide array of educational opportunities designed to meet the needs of every kind of learner

Durham Public Schools offers robust professional development opportunities designed to help staff succeed in their roles, ensuring they are equipped with the latest educational strategies and tools.

Our commitment to excellence is evident. Over 80.8 percent of our district’s schools met or exceeded growth goals in the 2023-24 school year. Seventeen schools are ranked in the top 20 percent of North Carolina schools for academic growth. Five schools are ranked in the top 100 of all schools in the state.

We also provide exceptional support for our students through robust programs for academically and intellectually gifted individuals, comprehensive services for exceptional children, and two unique partnerships with Duke University – one with Duke Children's Hospital that allows chronically ill and hospitalized children to continue their education seamlessly and a traditional school partnership with Duke and Durham Technical Community College to offer an Early College in August 2025. We’re also beginning our second year of the Growing Together initiative designed expressly to strengthen academic outcomes by providing districtwide access for all scholars to experience rigor, STEM programs, and college learning opportunities.

Our school nutrition program is a state leader in offering healthy meal options, ensuring that all students have access to nutritious meals, including free breakfast and lunch for every school courtesy of our Community Eligibility Provision program participation for the second year in a row

At Durham Public Schools, we are committed to embracing every child with compassion and dedication, meeting them where they are on their educational journey, and growing together from there. Our mission is to ignite limitless possibilities. Your role as an employee is crucial in upholding this commitment and contributing to the ongoing success and vibrancy of our school community.

Welcome and thank you!

EMPLOYMENT WITH DURHAM PUBLIC SCHOOLS

It is the policy of the board to provide all applicants for employment with equal and equitable employment opportunities and to provide current employees with training, compensation, promotion, and other benefits of employment without regard to race, color, religion, national origin, military affiliation, genetic information, sex, gender, gender identity, sexual orientation, age, or disability, except when sex, age, or physical requirements are essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions. All employment decisions will be consistent with the board’s objective of providing students with the opportunity to receive a sound basic education, as required by state law.

The board also is committed to diversity throughout the programs and practices of the school system. To further this goal, the recruitment and employment program should be designed to encourage a diverse pool of qualified applicants. See Policy 7100 Recruitment and Selection of Personnel

EMPLOYMENT PROCESS

All candidates for employment must apply for positions through the Office of Human Resource Services and online job postings, including internal candidates seeking lateral or promotional opportunities. The Superintendent will recommend, and the Board will hire candidates for employment based on the following factors: application; education and training; licensure and certification (when applicable); record of student teaching (when applicable); relevant experience and performance history; personal interviews; references; and background checks and information.

Individuals employed in a position requiring State Board of Education license/certification will be given a contract. This includes Teachers, Principals, and Assistant Principals per policy and law. Employees who are not required to be employed under contracts by the statutes or who are not offered contracts by local board prerogative are at-will employees. Examples of at-will employees include most non-certified personnel such as custodians, bus drivers, instructional assistants, clerical staff, maintenance staff, transportation coordinators, etc. Administrators not required by statute to be employed under contract are also at-will employees unless the local board has chosen to offer contracts. At DPS, administrators who oversee an instructional program are offered two-year contracts.

All permanent part-time/full-time employees are required to complete an employment benefits packet. This packet is given once the official offer of employment has been extended. The completed packet must be submitted to the Benefits Office within five days of receipt.

An onboarding checklist is recommended for all new employees.

Employee Health Certificate

All new employees, as well as employees who have been separated from public school employment for more than a year or who have been absent for more than 40 successive school days because of a communicable disease, must provide a fully completed health certificate. An employee that has been offered a position with the school system is not permitted to begin employment until a statutorily valid health certificate is provided to human resources.

The health certificate must be prepared by a licensed health care practitioner in the state of North Carolina. See Policy 7120.

Identification Badges

All permanent or interim employees are expected to visibly display, attached to their person, the approved Durham Public Schools photo identification badge while on any property owned or leased by the Board. Identification badges will be provided by the school district upon employment and remain the property of Durham Public Schools. Persons who leave employment with Durham Public Schools are required to turn in their identification badge to their immediate supervisor. Replacement of lost badges can be obtained by calling the Office of Human Resource Services at (919) 560-2000.

TYPES OF EMPLOYEES

Permanent Employee

A permanent employee is one who is employed to fill a position that is to be permanent, if needs and funds continue. A permanent employee is eligible to receive full or pro-rata benefits.

A permanent employee is also one who is employed for at least six full consecutive months to either replace one or more employees who are on an approved leave of absence without pay, or to fill a vacancy until a qualified replacement is employed. A person employed for at least six full consecutive months is eligible to receive full or pro-rata benefits, therefore the eligibility for benefits must be determined at the time of the initial assignment, or when the assignment status changes.

Permanent employees who work at least 30 hours per week must be enrolled in the Teachers’ and State Employees’ Retirement System and must receive employer-paid medical insurance for self.

Part-time Employee:

A part-time employee regularly works at least 20 hours per week, but less than the number of hours set as full time for that class of work. Any permanent employee who works at least 30 hours per week must be enrolled in the Retirement System and receive employer-paid medical insurance for self.

Full-time Employee

A full-time employee is a person employed to fill a vacancy whose regular work week is the number of hours established as full-time for the class of work assigned, but not less than 30 hours per week.

Two or more part-time assignments with the same LEA may be combined to satisfy requirements to become a full-time employee. An employee working in two or more positions may not earn more benefits than those allowed for a single, full-time position.

Temporary Employee

A temporary employee is a person who is either employed to fill a vacancy working less than 20 hours per week or employed to fill a vacancy for less than six full consecutive months of employment.

Temporary employees may be classified as full-time or part-time. They are not eligible to earn paid leave, participate in the retirement system, or receive or purchase health benefits through the State Health Plan. Temporary employees may not use leave earned during any previous employment.

Interim Employee

An interim employee may be employed when an opening occurs in a position by absence from employment, leave without pay, workers’ compensation, short-term disability or absence caused by an episode of violence in the school. An interim employee may not be employed to replace a permanent employee who is using paid leave.

An interim employee is a person employed for less than six full consecutive months to replace an employee who is on an approved leave of absence and is expected to return.

Return to Work Retired Teachers & State Employees

As a Teachers’ and State Employees’ Retirement System (TSERS) retiree, if one wishes to return to work with a TSERS employer and continues to receive TSERS monthly retirement benefits, one must meet the following conditions:

• Be retired at least 6 months before returning to work for a TSERS employer in any capacity (except as a bona fide volunteer in a local school administrative unit or a school board member).

• Work in a position that does not require membership in TSERS. (NOTE: If one is reemployed in a TSERS position which requires one to be a permanent employee who works at least 30 hours per week for 9 months per year, one’s retirement payment must be stopped and will again become a contributing TSERS member.)

• Be subject to the earnings restrictions below. One can earn whichever is greater: 50% of one’s gross preretirement salary (excluding termination payments) or $31,140 (2014 amount). These earnings restrictions apply for the 12 months immediately following retirement and for each calendar year of retirement.

The responsibility of maintaining bona fide volunteer status or the earnings restrictions resides with the retiree, not with the local school district. Retirees should consult the retirement system if they have questions about their retirement status.

Instructional Personnel

Instructional personnel are all teachers as defined by G.S. 115C-325 (a) (6), with the exception of supervisors, and non-teaching principals, assistant principals, social workers, counselors, and psychologists. The term could include principals, assistant principals or counselors who teach any part of the day. Instructional personnel who require substitutes are prohibited from using annual vacation leave on student attendance days, except as provided in the DPI Policy Manual, Section 3.

Substitute Employees

A substitute employee is a person employed to fill in for a permanent employee who is using paid leave. Substitute employees are considered temporary/variable hour employees and are not eligible to earn leave, participate in the retirement system, or use leave earned during any previous employment while assigned as a temporary employee.

Volunteers

A bona fide volunteer means an individual who: (a) volunteers of his/her own free will; (b) does not receive and does not expect to receive compensation (with no agreement or expectation of payment at a later date); and (c) provides services which would normally be provided by an (unpaid) volunteer.

Volunteering is not employment; therefore, volunteers cannot be used to fill or hold any vacancies. Volunteering also must not affect or influence any future decisions the employer may make with regard to the volunteer’s possible employment in the local education agency.

A TSERS (retiree) may return to work as an unpaid bona fide volunteer in a local school administrative unit during the first 6 months after his effective retirement date without affecting the TSERS retirement benefits. This service cannot be paid, cannot be holding a paid position open or helping one secure paid work in the future and must be work that would typically be done by a volunteer. See DPI Policy Manual Section 14.1

AT-WILL EMPLOYMENT

Employees who are not required to be employed under contracts or who are not offered contracts by local board prerogative are at-will employees. At-will employees include most non-certified personnel such as custodians, bus drivers, instructional assistants, clerical staff, maintenance supervisors, and transportation coordinators. Administrators not required by statute to be employed under contract are also at-will employees, unless the local board has chosen to offer contracts.

At-will employees serve at the pleasure of the local board of education. General Statute 115C-45 gives employees the right to appeal against all decisions made by school personnel to the local board of education. Atwill employees cannot be dismissed or demoted for illegal reasons. See DPI Policy Manual Section 14.5

TEACHER CONTRACTS

The Board recognizes the importance of establishing a clear contractual relationship with teachers employed by the school system. All teacher employment contracts entered into by the Board will meet the requirements of state law and State Board of Education policy. Nothing in this policy is intended to grant or confer any employment rights beyond those existing in law.

For the purposes of this policy, the term “teacher” is defined as a person who meets the requirements of G.S. 115C-325.1(6). An individual who is employed under a part-time teacher contract (less than 100%) or employed under a temporary teacher contract does not meet this definition of a teacher and does not have a guarantee of continuing employment for the next school year. However, the Board’s established performance and conduct expectations still apply to such individuals.

Contracts for employment are between the Durham Public Schools Board of Education and the employee and do not guarantee assignment to a particular school.

Contracts may include special conditions of employment. It is the responsibility of the individual employee to provide all information necessary for proper licensure and credit for prior work experience to the appropriate division of the North Carolina Department of Public Instruction or licensing agency. Contracts for any position requiring licensure will be valid only after such licensure has been secured. The employee must sign and submit the contract to the Durham Public Schools Human Resources office within 14 calendar days from the date of the contract was issued, or the offer may be withdrawn.

Teacher Performance Expectations

The Board expects teachers to meet all performance standards established by the Board, Superintendent or designee, state law, and State Board of Education Policy and to pursue professional development as provided in

Board policy. Employment contracts for teaching will be granted or renewed for individuals who demonstrate proficient performance and of proven ability who strive for excellence. At a minimum, teachers are responsible for facilitating student learning in a safe and orderly environment in which students become college and/or career ready. Teachers must also be familiar with the current statewide instructional standards for their teaching assignment and able to teach the curriculum effectively.

Superintendent’s Recommendation

The Board will employ teachers upon the recommendation of the Superintendent. The Superintendent is expected to be able to substantiate with supporting information any recommendation for a new or renewed contract for an applicant or current teacher. The Superintendent’s recommendation for a renewed contract must include the length of the term of the contract, which must be consistent with state law and Board requirements as described in Section C, below. The Board will follow a recommendation of the Superintendent regarding the length of the contract that is consistent with law and this policy unless specific circumstances justify offering the teacher a contract of a different term. In considering the Superintendent’s recommendation, the Board may review any information that was in the teacher’s personnel file at the time of the Superintendent’s recommendation or is included in the teacher’s file, with the proper notice to the teacher, prior to the Board’s decision.

Determination of Contract Length

This section applies when the Superintendent has decided to recommend that the Board offer a teacher a new or renewed contract.

For purposes of determining a teacher’s years of employment by the board in this section, a year is at least 120 workdays performed as a teacher in a full-time permanent position. If a teacher in a full-time permanent position did not work for at least 120 workdays as a teacher in a year for any reason, including because the teacher was on approved or legally entitled leave, that year will not be deemed to constitute a year of employment for the teacher unless required by law. Furthermore, a year in which a teacher in a full-time permanent position did not work for at least 120 workdays as a teacher because the teacher was on approved or legally entitled leave will not be considered a break in the continuity of employment for the teacher. A suspension will not constitute approved or legally entitled leave for purposes of this policy.

A new or renewed contract will be for a term of one school year for teachers who have been employed by the Board as a teacher for less than three consecutive years. For current teachers who have been employed by the Board as a teacher for three or more consecutive years and who are in good standing, a renewed contract will be for a term of four school years. A teacher will be considered in good standing for purposes of this policy if: (1) the teacher received a rating of at least “proficient” on all standards of the teacher evaluation instrument on the two most recent annual evaluations; (2) the teacher is not currently on a monitored, directed, or mandatory improvement plan or corrective action plan, and has not been on any such plan at any time during the current or previous school year; (3) the teacher has not received a written reprimand or warning included in the teacher’s official personnel file, a demotion, suspension without pay, or other documented disciplinary action included in the teacher’s official personnel file during the current school year; and (4) there is no other relevant performance or conduct information in the personnel file that would support a decision to disqualify the teacher from a multi-year contract. A contract for a teacher who is not in good standing will be for a term of one year only, if the teacher’s contract is renewed.

Dismissal and Nonrenewal

This policy is not intended to limit the Superintendent’s discretion to recommend dismissal, demotion, a shorter contract length, or nonrenewal of any teacher for any basis allowed by law, including but not limited to reduction in force due to school system reorganization, decreased enrollment, reduced funding, or other budgetary issues. See Policy 7410.

SCHOOL ADMINISTRATOR CONTRACTS

School administrator contracts will be granted, extended, or renewed only for individuals of proven ability who strive for excellence. School administrators should be able to facilitate student learning and effectively carry out the responsibilities of providing for school safety and enforcing student discipline.

Initial contracts between a school administrator and the board will be for a term of two to four years. Absent unusual circumstances, two-year initial contracts will be granted for individuals who do not have experience as school administrators. One-year contracts may be granted to individuals who hold a provisional assistant principal’s license.

Subsequent contracts between a principal or assistant principal and the board will be granted for a term of four years.

An employee who has a school administrator contract with the school system is expected to continue to strive for excellence, meet all performance standards established by the board, and pursue professional development as provided in policy 1610/7800, Professional and Staff Development. Any employee who does not demonstrate the expected standards may be subject to demotion, dismissal, or nonrenewal as provided in Board Policy and statutorily prescribed procedures. See Policy 7425

ASSIGNMENTS/REASSIGNMENTS/TRANSFER

Assignments and Reassignments

The superintendent may assign or reassign school employees in any manner that the superintendent deems appropriate, consistent with legal requirements. The superintendent is authorized to reorganize and arrange the administrative and supervisory staff so as to best serve the school system. All assignments and transfers of employees to schools are the responsibility of the superintendent. In assigning professional employees to an alternative school, the superintendent shall consider the experience and evaluation ratings of the professional employees, as provided in policy 3470/4305, Alternative Learning Programs/Schools. The board must be promptly notified of all employee transfers authorized by the superintendent.

Transfers

School-based instructional personnel will have the option to apply for a transfer to another school for the following year through the annual transfer process. In-school transfers are the responsibility of the principal. The superintendent shall consult with and advise the board before transferring any principal.

Transfers of employees will be made in accordance with course requirements, fluctuating enrollments, allotment, efforts to improve student performance, and the general welfare of the school system. The interests and aspirations of employees will be considered in making assignments and transfer decisions;

however, such interests must be weighed against what is in the best interest of the students, school, or school system. Employees will be informed of transfer decisions as soon as is reasonably feasible and will be provided with written notice via email or letter.

Non-school based employees may submit a written request for a transfer to a supervisor at any time.

The superintendent may establish any necessary procedures for employee-initiated transfer requests. See Policy 7440.

LICENSURE

Requirements

State law requires that all employees in licensed positions hold appropriate licensure for their subject(s), grade level(s) or professional assignment(s). "Appropriate" may mean a regular five-year license or a provisional license or endorsement valid only for the school year specified. All licensed employees are responsible for maintaining a valid license in the area of assignment. Employees holding a license that is due to expire during the year must furnish documentation of completion of the required renewal credits, Praxis/Pearson test scores, semester hours of coursework, etc. See NC State Licensure Policy.

Alternative licensed candidates needing support to complete state requirements may have access to CCTI WakeDurham, a program funded by Durham Public Schools and Wake County Public School System to assist such candidates with meeting licensure requirements. Please click here for more information.

Decisions regarding the employment of teachers who fail to meet the required proficiency standard for renewal of a continuing professional license will be made in accordance with G.S. 115C-270.30(b)(4) and applicable State Board of Education requirements.

Disclosure of Criminal Convictions

Licensed employees must provide information on any conviction of a felony or crime other than a minor traffic offense to obtain and maintain a N.C. license. This is done online using the state-mandated form that is submitted to the North Carolina Department of Public Instruction.

License Conversion and Renewal

Teachers must meet all requirements of the State Board of Education in order to move from an initial professional license or residency license to a continuing professional license. Licensing is a state decision and cannot be appealed at the local level.

Licensure renewal and retention is the responsibility of the individual, not of the school system Any employee who allows a license to expire must have it reinstated prior to the beginning of the next school year. A teacher whose license has expired is subject to dismissal. The school system may offer courses, workshops, and independent study activities to help school personnel meet license renewal requirements. Any renewal activity offered must be consistent with the State Board of Education policy. In addition, the superintendent or designee shall develop a procedure to determine the appropriateness of any credit offered in advance of renewal activities.

Board of Education requirements.

Renewal Guidelines

The number of continuing education units (CEUs) required to renew a Continuing North Carolina Professional Educator’s license is currently 8.0. See Chart of Renewal Guidelines for Continuing Licenses for more information.

Beginning Teacher Support Program

The Durham Public Schools District Beginning Teacher Mentors are guided by a clear mission to support and grow beginning teachers through intentional services, professional learning, and aligned support structures. In alignment with the 2023-2028 Strategic Plan, the mentoring program focuses on orienting new educators to the profession, fostering their emotional and instructional growth, and building their capacity to positively impact student achievement. This program plan outlines the mission, organizational structure, commitment to mentoring, guiding policies, and areas of focus for the year, as well as how the program measures success. The program is grounded in collaboration, trust, and adherence to North Carolina law and Beginning Teacher Support Program standards. This is a three-year program that extends professional education preparation and offers the support necessary for an individual's professional growth.

Out-of-State Applicants:

If you are an out-of-state applicant, you are not subject to BTSP requirements if your North Carolina license results from reciprocity or completion of a National Council for Accreditation of Teacher Education (NCATE), approved education program, and if you have three or more years of appropriate experience. Not all states have NC reciprocity, and not all out-of-state colleges and universities are NCATE approved. If you are an out-of-state applicant with less than three years’ experience, you must participate in BTSP.

Individuals Renewing Licenses:

If you renew your expired license, you do not have to participate in BTSP if you have three or more years of appropriate experience at the time of license renewal. Without this experience, you are subject to BTSP requirements.

Mentor Support:

Year 1, Year 2, and Year 3 Beginning Teachers (BT) in Durham Public Schools are assigned a Mentor/Support Team, consisting of the principal/supervisor (or designee) and a trained mentor, usually from the same subject area or grade level. A minimum of six consecutive months of participation is required per school year for the "year" to count toward fulfillment of the BTSP requirement.

Parental Notification

At the beginning of each school year, school system officials shall notify the parents or guardians of each student attending a Title I school or participating in a Title I program of their right to request the following information about qualifications of their child’s teacher: whether the teacher has met NC qualification and licensing criteria for the grade level(s) and subject area(s) in which the teacher provides instruction; whether the teacher is teaching under emergency or other provisional status through which North Carolina qualification or licensing criteria have been waived; whether the teacher is teaching in the field of discipline of his or her certification; and whether the child is provided services by a paraprofessional, and if so, the paraprofessional’s qualifications.

The school system will give notice within 10 school days to the parents of children who have been assigned or, after four consecutive weeks, have been taught by a teacher who does not meet applicable State

certification or licensure requirements at the grade level and subject area in which the teacher has been assigned.

See Policy 7130 for more information and contact the Human Resources Office at (919) 560-2000 to speak to a Licensure Specialist.

EMPLOYEE WORKDAY

Work Schedules

The length of the school day for licensed and professional building-level staff will be from at least 30 minutes before the student instructional day begins and will continue until all professional responsibilities are completed. Professional responsibilities include but are not limited to administrative meetings, curriculum development, student supervision, assigned duties, parent conferences, group or individual planning, and extracurricular activities. Work schedules for other employees will be defined by the superintendent or designee, consistent with the Fair Labor Standards Act and the provisions of this policy.

Workweek Defined

Working hours for all employees not exempt from the provisions of the Fair Labor Standards Act (FLSA), including but not limited to instructional assistants, secretarial, cafeteria, custodial, and maintenance personnel, will conform to federal and state regulations. The superintendent shall ensure that job positions are classified as exempt or non-exempt and that employees are made aware of such classifications. Supervisors shall make every effort to avoid circumstances that require non-exempt employees to work more than 40 hours each week. For purposes of FLSA Compliance, the workweek for school system employees will be 12:01 a.m. Saturday until midnight the following Saturday. However, the superintendent is authorized to designate different workweeks for different classes of employees. A copy of the FLSA and any administrative procedures established by the superintendent will be available to employees either on the DPS website or may be obtained from the human resources office. Click here for more information about the FLSA. The superintendent or designee will set an employee’s daily work schedule, consistent with the Fair Labor Standards Act and the provisions of Policy 7500

Overtime and Compensatory Time

The board of education discourages overtime work by non-exempt employees. A non-exempt employee may not work overtime without the express approval of his or her supervisor. All overtime work must be approved by the superintendent or designee. All supervisory personnel shall monitor overtime use on a weekly basis and report such use to the superintendent or designee. Principals and supervisors shall monitor employees’ work, shall ensure that overtime provisions of this policy and the FLSA are followed, and shall ensure that all employees are compensated for any overtime worked. Principals or supervisors may need to adjust daily schedules to prevent non-exempt employees from working more than 40 hours in a workweek. Accurate and complete timesheets of actual hours worked during the workweek must be signed by each employee, the employee’s supervisor, and then submitted to the finance officer or designee. The finance officer or designee shall review work records of employees on a regular basis to make an assessment of overtime use.

Superintendent has the discretion to permit overtime payment for employees if deemed in the best interest of the school system. No supervisor shall allow an employee to accumulate more than 40 hours of compensatory time without prior approval of the superintendent or designee. Compensatory time off will be the first option for compensating an employee for overtime. Employees must be allowed to use compensatory time within a reasonable period after requesting such use (see policy 7510, Leave). Supervisors may direct employees to use compensation time in order to reasonably manage the accrued compensation time. Employees may accrue a maximum of 240 compensatory time hours before they must be provided overtime pay at the appropriate rate. In addition, upon leaving the school system, an employee must be paid for any unused compensatory time at the rate of not less than the higher of (1) the average regular rate received by the employee during his or her last three years of employment or (2) the final regular rate received by the employee.

Non-exempt employees whose workweek is less than 40 hours will be paid at the regular rate of pay for time worked up to 40 hours. Such employees will be provided overtime pay or compensatory time as provided above for working more than 40 hours in a workweek.

Employees will be provided access to this policy and be required to sign an acknowledgement of their understanding of overtime and compensatory time provisions. The employee’s signature will constitute the agreement required in this section.

Instructional Assistants

The workweek for Instructional assistants shall be five (5) workdays per week, 7.5 hours per day and 37.5 hours per week. Instructional Assistants do not work on all teacher workdays unless they are classified as 100%. At all times that instructional assistants are assisting teachers or supervising students, they must be paid.

Volunteer Work

Non-exempt employees may volunteer for the school system only if the work is clearly at the employee’s option, is in a different capacity from the employee’s regularly-assigned duties, and is performed on an occasional or sporadic basis. Non-exempt employees may not volunteer to provide the same type of service they are employed to perform for the school system. Such work will be treated as regular work and be subject to hourly employment compensation. See Policy 7500.

Attendance Expectations

The Board recognizes the vital importance of having a low absentee rate among school personnel in order to provide consistent services and instruction to students. Regular attendance is a duty of employment and an essential function of the job for all school system employees. All employees are expected to comply with their assigned work schedule and all applicable absence procedures, including the reporting of absences. All employees are expected to be present during all working hours.

Absences taken without approval and/or in excess of an employee’s entitled leave (which does not include donated leave) may be considered in assessing the employee’s performance or conduct and result in disciplinary action up to and including dismissal. Habitual tardiness abuses of designated working hours or failing to properly report absences may also be considered neglect of duty and will result in disciplinary action up to and including dismissal.

To the extent permitted by law the school system may consider chronic absences, which may or may not exceed an employee's legal leave amount in assessing the employee's job performance. To the extent permitted by law, an employee absent without approval or authorization shall be subject to dismissal.

EMPLOYEE CALENDARS

Durham Public School has a variety of employee work calendars including ones for traditional schools, yearround schools, and other schools such as City of Medicine Academy, J. D. Clement Early College High School, Durham Early College of Health Sciences, and Durham School ofTechnology Please click here to view all DPS school calendars.

DURHAM PUBLIC SCHOOLS EMPLOYEE INCLEMENT WEATHER PROCEDURES

On a day that an employee has the option to report for a workday, but students are not required to attend school due to inclement weather, the employee must account for the day using one or more of the following options:

1. report to work;

2. take accumulated annual (vacation) leave;

3. take accumulated personal leave, if available (teachers only);

4. take leave without pay;

5. use compensatory leave already accumulated (non-exempt employees); or

6. make arrangements to make up the time missed.

If an employee elects to make up time, it must be at a mutually agreed upon time between the employee and the immediate supervisor. Make up time must be completed within the regular employment calendar period. Employees are encouraged to make up the time as soon as possible, preferably by the end of the following pay period.

Buildings Closed to Employees and Students

When the school system is closed to staff and students due to inclement weather, the board will consider options for addressing the missed days, giving the greatest weight to how to best maintain the opportunity and environment for student learning.

On a day that school is closed to employees and students due to inclement weather, an employee shall work on the board designated inclement weather makeup day. See Policy 7550

EVALUATIONS

Evaluations are a tool to recognize and grow all employees, as well as a vehicle to document job performance that needs improvement. All employees are expected to be evaluated at least once a year. Annual evaluations must be completed before June 24 of the current school year. This evaluation is typically called an annual or summative evaluation.

Classified Evaluations

Classified employees are expected to meet standards in all performance areas. Classified employees are subject to a probationary evaluation within sixty workdays after being hired or moving to a new position, assignment, or

location. Classified employees are also subject to a conditional evaluation within sixty workdays after being formally notified of performance concerns by a supervisor. The same classified evaluation form is used for all three types of evaluations and is located on the HR Forms page. See Policy 7815, Evaluation of Non-Licensed Employees.

Licensed Evaluations

Licensed employees are expected to demonstrate, at a minimum, proficiency in all performance standards. The evaluation for most licensed employees are located in the online NCEES system and all state regulations shall be followed. See Policy 7810, Evaluation of Licensed Employees.

Growth Plans (Professional Development Plans)

Every licensed employee shall be on a growth plan every year as they serve as valuable tools to improve performance and promote professional development. Examples of growth plans, or professional development plans, include individual (personal), monitored, directed, and mandatory. See Policy 7811, Growth and Improvement Plans for Licensed Employees

LESSON PLANNING

Each teacher shall prepare daily lesson plans based on the current statewide instructional standards and applicable curriculum and instructional guides developed by the school system. Daily lesson plans may be required to be presented to a school administrator before instruction occurs and all lesson plans should be accessible to the school administration at any time. Teachers should also have 3-5 days of emergency lesson plans available and accessible in the event of sudden or intermittent absences.

If teachers are out on extended approved medical leaves, they cannot be required to do work such as lesson planning, grading, etc. That responsibility will ultimately fall to the school administrator or department to help facilitate instruction and progress monitoring.

Teachers shall maintain electronic or hard copy lesson plans for one year in order to allow the teacher and supervisory staff the opportunity to assess instructional delivery and evaluate whether there are gaps in the curriculum.

Pursuant to the school improvement plan, every full-time assigned classroom teacher must be provided dutyfree instructional planning time with the goal of providing an average of at least five hours of planning time per week to the extent possible with respect to funding, assuring proper supervision of students, and the operational safety of the school. See Policy 3120.

EXTRACURRICULAR AND NON-INSTRUCTIONAL DUTIES

Teachers and other employees may also be required to perform certain non-instructional and extracurricular duties as part of their responsibilities. However, assignment of additional duties to teachers should be minimized to allow time for teachers to plan, collaborate with colleagues, conduct conferences with parents, tutor students, and perform any other activities that have a direct impact on student achievement.

Extracurricular duties include those duties performed by a teacher outside the regular school day that involve students and are not directly related to the instructional program. Examples of extracurricular activities for which consent is required include such things as coaching duties, taking tickets at sporting events, and acting as a faculty sponsor for a student club. Extracurricular duties do not include such things as time spent in parent-teacher conferences or activities related to courses taught by the teacher, such as band concerts that are performed as a part of band class.

Principals shall minimize the assignment of non-instructional duties to all teachers, including initially licensed teachers. Specifically, teachers should not be required to use their daily planning periods on an ongoing and regular basis to supervise students although some periodic use is permissible. Planning periods generally should be reserved for course planning, activities related to teaching and assessment, and meetings with other professional staff regarding the instructional program.

Initially licensed teachers may not be assigned extracurricular duties unless they request the assignments in writing. In cases of compelling need, initially licensed teachers may be required to perform extracurricular duties if the procedures set forth in this paragraph are followed. See Policy 7405.

Lunch Duty

Certified personnel are generally expected to be provided with a duty-free lunch to the extent possible with respect to funding, ensuring proper supervision of students, and the operational safety of the school. Reasonable lunch duty assignments are acceptable.

PROFESSIONAL AND STAFF DEVELOPMENT

The goal of professional and staff development programs and opportunities for licensed professional employees and support staff is to improve the instructional program and create a safe learning environment for all students by improving and expanding the skills of the professional staff and support personnel. Licensed employees are to engage in self-directed activities to improve their professional skills. These employees are encouraged to seek information and training through professional development programs as well as other opportunities in order to meet this responsibility.

The superintendent shall provide ongoing development opportunities for licensed and support staff and shall require participation by such personnel as appropriate. Supervisors and principals also may require licensed employees to enter into growth plans for professional growth and improving performance, which could involve participation in a professional development program or encompass a variety of strategies. See Policy 7811, Growth and Improvement Plans for Licensed Employees

The school system will consider paying reasonable costs, within budget limits, for any courses, workshops, seminars, conferences, in-service training sessions, or other sessions an employee is required to attend by the local administration. The employee must seek prior approval for payments. The school system will not bear the responsibility of the cost of training taken solely for the purposes of licensure renewal. See Policy 1610/7800.

Beginning Teacher Support Program (BTSP)

The BTSP provides support services for all teachers who have not attained a North Carolina continuing license, usually those with fewer than four years of public-school teaching experience. The program includes a system and building level orientation, mentor support, in-field assignment, limited extracurricular and noninstructional duties, professional development programs targeted to the needs of novice teachers and

assistance meeting the performance-based requirements for continuing licensure.

PERSONNEL FILES

Personnel files, which may consist of paper or electronic records, will be maintained in the human resources office for all employees as provided by law. The following records shall be maintained in an employee’s personnel file: evaluation reports made by the administration; commendations for and complaints against the employee; written suggestions for corrections and improvements made by the administration; certificates; employee’s standard test scores; employee’s academic records; application forms; any request to the State Board of Education to revoke the employee’s teaching license; and other pertinent records or reports.

Certain records, such as confidential pre-employment information, criminal record checks, medical information, must be filed separately from the employee’s general personnel information and must not be made available to the employee.

All evaluations, commendations, complaints, or suggestions for correction or improvement must be placed in the employee’s central office personnel file after the following requirements are met:

• the comment is signed and dated by the person who made the evaluation, commendation, complaint, or suggestion;

• if the comment is a complaint, the employee’s supervisor has attempted to resolve the issue raised therein and documentation of such efforts is attached with the supervisor’s recommendation to the superintendent as to whether the complaint contains any invalid, irrelevant, outdated, or false information; and

• the employee has received a copy of the evaluation, commendation, complaint, or suggestion five days before it is placed in the file.

All written complaints that are signed and dated must be submitted regardless of whether the supervisor considers the complaint to be resolved.

The supervisor is expected to use good judgment in determining when a document should be submitted to the file immediately and when a delay is justified, such as when there exists a plan of improvement that is frequently revised. However, all evaluations, commendations, complaints, or suggestions for correction or improvement should be submitted by the end of the school year or in time to be considered in an evaluation process, whichever is sooner. The employee may offer a denial or explanation of the evaluation, commendation, complaint, or suggestion, and any such denial or explanation will become part of his or her personnel file, provided that it is signed and dated.

The superintendent may exercise statutory authority not to place in an employee’s file a letter of complaint that contains invalid, irrelevant, outdated, or false information, or a letter of complaint when there is no documentation of an attempt to resolve the issue.

ACCESS TO PERSONNEL FILE

Every employee has the right to inspect his or her personnel file, including any portions of the file maintained in electronic format only, during regular working hours, provided that three days’ notice is given to Human

Resources. The following persons may be permitted to access a personnel file without the consent of the employee about whom the file is maintained:

• school officials involved in the screening, selection, or evaluation of the individual for employment or other personnel action;

• members of the board of education, if the examination of the file relates to the duties and responsibilities of the board member;

• the board attorney;

• the superintendent and other supervisory personnel;

• the hearing officer in a demotion or dismissal procedure regarding the employee; and

• law enforcement and the District Attorney to assist in the investigation of a report made to law enforcement pursuant to G.S. 115C-288(g) or regarding an arson; an attempted arson; or the destruction of, theft from, theft of, embezzlement from, or embezzlement of any personal or real property owned by the board. Five days’ written notice will be given to the employee prior to such disclosure.

No other person may have access to a personnel file except under the following circumstances:

• when an employee gives written consent to the release of his or her records, which specifies the records to be released and to whom they are to be released;

• pursuant to a subpoena or court order;

• when the board has determined, and the superintendent has documented, that the release or inspection of information is essential to maintaining the integrity of the board or the quality of services provided by the board; or

• the superintendent or designee determines that disclosure to a court of law, or a state or federal administrative agency having a quasi-judicial function, is necessary to adequately defend against a claim filed by a current or former employee.

For more information, see Policy 7820.

CORPORAL PUNISHMENT

No principal, teacher, substitute teacher, voluntary teacher, teacher assistant, student teacher, staff member or other school system employee or volunteer may use corporal punishment to discipline a student. Corporal punishment is any kind of punishment inflicted on the body, including, but not limited to, spanking, paddling, or slapping. See Policy 1510/4200/7270.

RULES FOR USE OF SECLUSION AND RESTRAINT IN SCHOOLS

The following rules will govern the use of seclusion and restraint by school personnel. As used in this policy, “school personnel” means employees of the board and any persons working on school grounds or at a school function (1) under a contract or written agreement with the school system to provide educational or related services to students or (2) for another agency providing educational or related services to students.

Physical Restraint

Physical restraint means the use of physical force to restrict the free movement of all or a part of a student’s body.

Physical restraint will be considered to be a reasonable use of force when used in the following circumstances:

1. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;

2. as reasonably needed to maintain order or to prevent or break up a fight;

3. as reasonably needed for self-defense;

4. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person present;

5. as reasonably needed to teach a skill, to calm or comfort a student, or to prevent selfinjurious behavior;

6. as reasonably needed to escort a student safely from one area to another;

7. if used as provided for in an IEP, Section 504 plan, or behavior intervention plan; or

8. as reasonably needed to prevent imminent destruction to school or another person’s property.

Except as set forth above, physical restraint of students will not be considered a reasonable use of force, and its use is prohibited. In addition, physical restraint will not be considered a reasonable use of force when used solely as a disciplinary consequence.

While the use of temporary prone (facedown) restraint may be required in exceptional cases to protect a student or others, the use of prone restraints is strongly discouraged.

Appropriate personnel, as identified by the superintendent or designee, will be provided restraint training that explains the risks involved in using prone restraints, strongly discourages it use, and provides instruction in alternative methods of restraints.

Mechanical Restraint

Mechanical restraint means the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove.

Mechanical restraint of a student by school personnel is permissible only in the following circumstances:

1. when properly used as an assistive technology device included in the student’s IEP, Section 504 plan, or behavior intervention plan or as otherwise prescribed by a medical or related service provider;

2. when using seat belts or other safety restraints to secure a student during transportation;

3. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;

4. as reasonably needed for self-defense;

5. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person.

Except as set forth above, mechanical restraint, including the tying, taping, or strapping down of a student, will not be considered to be a reasonable use of force, and its use is prohibited.

Seclusion

Seclusion means the confinement of a student alone in an enclosed space from which the student is (a) physically prevented from leaving by locking hardware or other means or (b) incapable of leaving due to physical or intellectual capacity.

Seclusion of a student by school personnel may be used in the following circumstances:

1. as reasonably needed to respond to a person in control of a weapon or other dangerous object;

2. as reasonably needed to maintain order or prevent or break up a fight;

3. as reasonably needed for self-defense;

4. as reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person’s property; or

5. when used as specified in the student’s IEP, Section 504 plan, or behavior intervention plan; and

6. the student is monitored by an adult in close proximity who is able to see and hear the student at all times while the student is in seclusion;

7. the student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student’s IEP, Section 504 plan, or behavior intervention plan;

8. the confining space has been approved for such use by the local education agency;

9. the space is appropriately lighted, ventilated, and heated or cooled; and

10. the space is free from objects that unreasonably expose the student or others to harm.

Except as set forth above, the use of seclusion is not considered to be reasonable force, and its use is prohibited. In addition, seclusion will not be considered a reasonable use of force when used solely as a disciplinary consequence.

Isolation

Isolation means a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving.

Isolation is permitted as a behavior management technique provided that:

1. the isolation space is appropriately lighted, ventilated, and heated or cooled;

2. the duration of the isolation is reasonable in light of the purpose for the isolation;

3. the student is reasonably monitored while in isolation; and

4. the isolation space is free from objects that unreasonably expose the student or others to harm.

Time-Out

Time-out means a behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting. Teachers are authorized to use time-out to regulate behavior within their classrooms.

Aversive Procedures

Aversive procedure means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability that causes or reasonably may be expected to cause one or more of the following:

1. significant physical harm, such as tissue damage, physical illness, or death;

2. serious and foreseeable long-term psychological impairment;

3. obvious repulsion on the part of observers who cannot reconcile such extreme procedures with acceptable standard practice, for example:

The use of aversive procedures in public schools is prohibited

Notice, Reporting, and Documentation

Annual Notice to School Personnel and Parents

• The superintendent or designee will provide copies of this policy and G.S. 115C-391.1 to school personnel and parents and guardians at the beginning of each school year.

• School Employee Reporting

• School employees must promptly notify the principal or designee of any of the following:

o any use of aversive procedures;

o any prohibited use of mechanical restraint;

o any use of physical restraint resulting in observable physical injury to a student;

o any prohibited use of seclusion; or

o any seclusion exceeding 10 minutes the amount of time specified in a student’s behavior intervention plan.

• Notice to Parents of an Event

• When a principal or designee has personal or actual knowledge of any of the events listed in subsection G.1, above, he or she shall promptly notify the student’s parent or guardian and shall provide the name of the school employee whom the parent or guardian may contact regarding the incident. Such notice shall be provided by the end of the workday during which the incident occurred when reasonably possible, but no later than the end of the following workday. Such notice also shall be provided in addition to the written incident report required in subsection G.3, below.

• Written Report to Parents

• Within a reasonable period of time not to exceed 30 days after any incident involving the use of physical restraint, mechanical restraint, seclusion, isolation, or aversive procedures, the principal or designee shall also provide the parent or guardian with a written incident report. This report must include the following:

o the date, time of day, location, duration, and description of the incident and interventions;

o the events or events that led up to the incident;

o the nature and extent of any injury to the student; and

o the name of a school employee the parent or guardian can contact regarding the incident.

• Reporting to State Board

• The board will maintain a record of incidents reported under the procedure described in subsection G.3, above and will provide this information annually to the State Board of Education.

• Non-Retaliation for Reporting

• Any employee making a report alleging a prohibited use of physical or mechanical restraint, seclusion, or aversive procedure will not be discharged, threatened, or retaliated against through compensation, terms, conditions, location, or privileges of employment unless the employee knew or should have known that the report was false.

See Policy 4326.

ADMINISTRATION OF MEDICATION TO STUDENTS

The Durham Public School Board of Education discourages administration of medication to students during the school day when medicine could be taken outside of school hours.

Pursuant to G.S. 115C-307(c) and 115C-375.1, school employees may administer medication, including over-thecounter medication, when prescribed by a licensed health care practitioner, upon written request of a student's parent or guardian, or, pursuant to G.S. 115C-375.2A, in cases of suspected anaphylaxis as described in policy. Administration of medication during school hours by school personnel is discouraged.

Only school personnel, parents, or guardians will be allowed to administer medicine to a student during the school day. Self-medication by students is allowed only in accordance with the provision of this policy. Students are prohibited from sharing medication with other students.

It is the parent or guardian's responsibility to alert school personnel to any possible adverse reaction to medication. The first dose of any medication must be given at home to help prevent an adverse reaction occurring at school. See Policy 6125 for more information.

EMPLOYEE DRESS AND APPEARANCE

It is expected that all personnel will be professionally, neatly, and appropriately attired for the work to be done. An employee’s dress must not disrupt or distract from the educational process and must be in accordance with health and safety standards. The superintendent or designee is authorized to develop and communicate to employees the guidelines for appropriate dress and appearance.

An employee's supervisor will make an initial determination of whether an employee’s dress or appearance is inappropriate. In making this determination, the supervisor will consider the following:

1. the nature of the work;

2. whether the dress is consistent with a professional environment;

3. health and safety factors;

4. the nature of the employee's public contact and the normal expectations of outside parties with whom the employee will work;

5. the employee's interaction with students;

6. the prevailing practices of other workers in similar jobs; and

7. any properly established guidelines for dress or appearance.

If the supervisor determines that the employee’s dress or appearance is disruptive or distracting to the educational process, violates the established guidelines, or is hazardous to the health or safety of the employee or others, the supervisor shall counsel the employee regarding attire that is consistent with this policy and shall

determine whether the employee is allowed to remain at work or must leave work to change his or her dress. Any failure to follow the supervisor’s directive and/or blatant or repeated violations of this policy will subject the employee to disciplinary action up to, and including, dismissal.

See Policy 7340.

ATTENDANCE EXPECTATIONS

Absences taken without approval and/ormore than an employee’s entitled leave (which does not include donated leave) may be considered in assessing the employee’s performance or conduct and result in disciplinary action up to and including dismissal. Habitual tardiness, abuses of designated work hours, or failing to properly report absences may also be considered neglect of duty and will result in disciplinary action up to and including dismissal.

To the extent permitted by law, the school system may consider chronic absences which may or may not exceed an employee's legal leave amount in assessing the employee's job performance. To the extent permitted by law, an employee absent without approval or authorization shall be subject to dismissal. See Policy 7500.

SUBSTITUTE TEACHERS

The Human Resources department will coordinate the recruitment, selection, and maintain the official list of substitute teachers for the school system. Every effort will be made to employ only those substitute teachers whose training and experience are comparable to the training and experience required for a North Carolina professional educator’s license. Preference will be given to college graduates with prior teaching experience, teacher training, or other special qualifications in the subject area. Qualified candidates will be recommended to the superintendent, who shall then recommend qualified applicants to the board. A criminal history check will be conducted on applicants for substitute teaching positions.

The pay rate for substitute teachers is $138.00/day for individuals who hold a current or expired teaching license from any state, and a copy of such license has been submitted to Human Resources. The pay rate is $127.50/day for individuals who do not have a current or expired teaching license. Substitute teachers who work as an Exceptional Children Instructional Assistant are paid at an hourly rate of $15.00 for the hours actually worked.

Selection of a Substitute by the Principal

Principals and teachers can select substitutes from Frontline, the online database maintained by the Human Resources only if they have communicated with that substitute and the substitute has agreed to take the position A teacher assistant may serve as a substitute teacher in the classroom(s) in which the assistant is regularly assigned and will be paid additional compensation according to state policies. Student teachers may not be used as substitute teachers. Any use of student teachers as substitutes must be approved by the Human Resources Department.

School principals shall notify the parent of any child who receives instruction for four or more consecutive weeks from a substitute teacher who does not meet the certification and licensure standards for the grade level and subject area to which the substitute teacher has been assigned.

Procedure for Requesting a Substitute

Absences may be recorded at any time, 24 hours a day, seven days a week, up to 365 days in advance.

Web Access

Any new employee who requires a substitute must request access to the system by sending an email to Karen_Coffee@dpsnc.net. Once that is done, the employee will receive a personal invitation email with the subject line: Durham Public Schools invites you to Absence Management. If you have an existing Frontline ID account, click “Sign in with your Frontline ID.” Otherwise, click “Create a Frontline ID.” Enter a username, password, email address, and click “I accept the terms and conditions." Then click “Create Frontline ID” and you are in!

To access the Frontline website, go to https://app.frontlineeducation.com. Here, you can enter absences, check your absence schedule, update personal information, and upload your lesson plans for substitutes to view online.

Mobile App Access

After you have created your Frontline ID, you can download the Frontline Education mobile app. The four- digit invitation code is 7354. After entering the invitation code, enter your Frontline ID credentials to sign in. For more information regarding the mobile app, click here

Dial-In Access

You can call Frontline toll-free at 1-800-942-3767. Simply follow the voice menu to enter and manage absences. We recommend that you call in to check the computer recording of your name and title. To do this, press Option 5 and follow the prompts. You will have to enter your Id number and pin for Dial-In Access.

Note: You are NOT required to create a Frontline ID for dial-in access (you automatically have dial-in access). However, to access the website, you must create a Frontline ID via your personal invitation email.

Substitute Teacher Information

To enable substitute teachers to provide better services to students during planned and/or emergency absences, all teachers who require substitutes must have accessible information for substitutes available, in an emergency substitute teacher folder. Check with the school principal for school-specific procedures. Generally, relevant information should include:

• Attendance procedures and an up to date class roster

• Lesson plans along with texts, guides, handouts, equipment, etc.

• Instructions for using any required electronic equipment such as SmartBoards, etc.

• Daily schedule for students and teacher (pull-out programs, etc.)

• Discipline/management procedures (group and/or individual plans)

• Any necessary medical plans and/or procedures for students

• Lunch procedures, money, student lunch cards, etc. (mainly for elementary)

• Accident procedures, and other frequently used reporting procedure

• Any extra duties that the absent teacher may have (carpool, bus, lunch duty)

When teachers are on extended medical leave, they cannot be required to perform work (i.e. lesson plans, interim reports, grades, IEP meetings, etc.) although they are expected, to the extent possible, to ensure continuation of their work by returning DPS materials and providing information as necessary. For long- term situations, if the teacher has not left adequate information for the substitute, the responsibility falls upon the individual teams, department chairs and other staff members to provide the necessary lesson plans. Substitutes cannot be required to work beyond the regular school hours or on teacher workdays.

Employees cannot work as a substitute teacher during regular school hours on days that they are taking annual vacation leave, including any days on their calendar that are designated as annual vacation leave days. Each employee is responsible for knowing which days are designated for annual vacation leave on his/her calendar.

Substitute Restriction Request Form

In the event that a substitute does not work out at a particular school, the school administrator may submit a “Substitute Restriction Request (SRR)” form to the Substitute Office in Human Resources requesting that the substitute’s name be removed from the list of available substitutes for that particular school. The school administrator must inform the substitute teacher of the reasons for the SRR form verbally or in writing before submitting to HR. The SRR form is located on the HR Forms page.

If the Substitute Restriction Request is approved by Human Resources, the substitute teacher will no longer be able to substitute at that particular school and will receive a warning letter copied to the HR personnel file. If a second Substitute Restriction Request Form from another school is submitted to Human Resources and approved, the substitute teacher will be blocked from substitute teaching at that school, receive another warning letter copied to the HR personnel file stating that his/her continued status as a substitute teacher is in jeopardy, and that receipt of a third Substitute Restriction Request can result in termination of employment.

A substitute teacher may submit a letter of rebuttal to the school administrator and Substitute Office for any SRR form received. The school administrator will consider all rebuttals and inform the substitute teacher if the SRR will be rescinded or not. If a substitute teacher receives a third SRR, she or he will be removed permanently from the official substitute teaching list. The substitute may submit a written appeal to the Assistant Superintendent for Human Resources or designee within 30 calendar days to meet and discuss the termination of services. Such a meeting shall occur within 10 working days of receipt of the appeal request unless it is not feasible to mutually agree on a time for the meeting. This meeting with Human Resources shall occur before the start of any other DPS appeal process. A substitute teacher will be blocked from taking additional substitute teaching jobs during the time of such an appeal. See Policy 7430.

HEALTH AND SAFETY

Occupational Exposure to Bloodborne Pathogens

It is the policy of the board to comply with federal and state regulations and standards regarding bloodborne pathogens as set forth in the Federal Register, 29 C.F.R. 1910.1030, and the North Carolina Administrative Code, 13 N.C.A.C. 7F .0207 by attempting to limit or prevent occupational exposure of employees to blood or other potentially infectious bodily fluids and materials that may transmit bloodborne pathogens and lead to disease or death. Universal precautions must be used at all times. Employees should handle all blood, bodily fluid, and

other potentially infectious material as if the material is infected.

The superintendent shall ensure that an Exposure Control Plan is developed in accordance with OSHA regulations or the most current available federal and/or state standards. Each employee shall be familiar with the provisions of the Exposure Control Plan. Failure to comply with the provisions of the Plan may subject an employee to disciplinary action.

An employee who suspects that he or she has been exposed to blood or bodily fluid on the job may request to be tested, at the school system’s expense, provided that the suspected exposure poses a significant risk of transmission as defined in the rules of the Commission for Public Health.

The school system shall not discriminate against any applicant or employee who has or is suspected of having a communicable disease, including tuberculosis, HBV, HIV infection, or Acquired Immune Deficiency Syndrome (AIDS). An employee may continue to work as long as the employee is able to satisfactorily perform the essential functions of the job and there is no medical evidence indicating that the employee's condition poses a significant, direct threat to co-workers, students, or the public. See Policy 7260.

Communicable Diseases

It is the policy of the board to attempt to provide a safe and secure environment for all students and employees. In an effort to maintain a balance between the need to protect the rights of students and employees and the need to control the spread of serious communicable diseases and conditions, the superintendent shall make decisions regarding the employment status of employees with communicable diseases or conditions on a caseby-case basis, in accordance with this policy. An employee suffering from a communicable disease or condition is encouraged to inform the employee’s supervisor so that appropriate accommodation may be made, and appropriate precautions may be taken.

In order to prevent the spread of communicable disease and conditions, universal health and safety precautions, including precautions regarding the handling and cleanup of blood and other bodily fluids, must be distributed by the human resources office and followed by all school system employees. Employees are also required to follow the school system’s bloodborne pathogens exposure control plan that contains universal precautions and specific work practice controls relating to the handling, disposal, and cleanup of blood and other potentially infectious materials. The bloodborne pathogens exposure control plan will be made available at each school or department. All employees are required to review and be familiar with the plan within a reasonable time, not exceeding 30 days, after assuming employment. Faculty should not allow students to be involved in the handling, disposal, and cleanup of potentially infectious materials unless the students have been specifically trained in the handling of such materials and are qualified to perform first aid services.

Failure to follow universal health and safety precautions or applicable provisions of the bloodborne pathogens exposure control plan may result in disciplinary action against the offending employee. All employees have a duty to report to the school principal or the assistant superintendent of human resources any failure by a staff member or a student to follow the universal precautions, including their own.

Any employee suffering from a communicable disease or condition is required to follow all control measures given to the employee by the health director and take all necessary precautions to prevent the transmission of the disease or condition. Any school system employee who has reason to believe that a fellow employee is not following safe practices must report this failure to the employee’s principal or supervisor. Supervisory personnel shall report unsafe conduct to the health department when they have a reasonable concern that such conduct

may cause or may have caused the spread of a communicable disease.

The board will follow all applicable state and federal laws and regulations and this policy in determining when an employee with a communicable disease or condition will be required to take leave from position or otherwise be restricted from beginning or continuing employment.

Any employee may request that the superintendent or designee consider altering the employee’s duties or other conditions of employment if the employee: believes that he or she is unable to continue to perform the regular duties of the position due to a communicable disease or condition or believes that he or she may risk transmitting the communicable disease to others by continuing to perform assigned duties.

The employee seeking alteration in the conditions of employment must apprise the superintendent or designee of the employee’s condition, submit medical documentation regarding such condition, suggest possible accommodations known to the employee, and cooperate in any ensuing discussion and evaluation regarding whether there are possible reasonable accommodations.

If the superintendent requests, the employee must give the superintendent written permission either to consult with appropriate medical personnel or to convene an interdisciplinary committee to receive medical information regarding the employee to the extent necessary to assist the superintendent in determining whether alternative employment opportunities reasonably can be provided to the affected employee. The committee may include appropriate school system personnel, appropriate medical personnel, including the employee’s personal physician, when possible, the health director or designee, and the employee.

Nothing in this policy is intended to grant or confer any employment rights beyond those existing by law or contract. See Policy 7262

SEPARATION OF EMPLOYMENT WITH DPS

Professional employees who intend to resign for any reason are encouraged to indicate their plans in writing at as early a date in the school year as possible, such as when plans become firm and/or the decision to leave the school system is made. A resignation becomes effective at the end of the school year in which it is submitted. A resignation for any other time requires 30 days’ notice unless the superintendent or designee consents to a shorter notice period.

Resignations must be submitted in writing to the superintendent or designee. Electronic mail (email) is an acceptable method of written submission. Resignations may be accepted, on behalf of the board, by the superintendent or designee. To help ensure the smooth operation of the schools, 30 days’ notice is requested whenever possible.

Each employee who is leaving the school system may arrange to meet with any director, supervisor, or administrator to discuss his or her reasons for leaving and to identify any practices or policies that he or she feels are detrimental to the objectives of the school system. To the extent possible, statements made by employees will be confidential. However, should another North Carolina local school board, charter school, or regional school inquire as to the reason for any employee’s resignation, the superintendent or designee must indicate if criminal history was relevant to the employee’s resignation. See Policy 7900 for more information.

If an employee’s performance or conduct is concerning enough to warrant a dismissal recommendation, all such actions will be done in accordance with Policy 7930, Professional Employees: Demotion and Dismissal; Policy 7940, Classified Personnel: Suspension and Dismissal; or Policy 7950, Non-Career Status Teachers: Nonrenewal.

RETIREMENT

Retirement System Teachers' and State Employees' Retirement System

All permanent full-time employees are required to join the Teachers' and State Employees' Retirement System. Eligible employees contribute 6% of gross salary (pre-tax) to the Retirement System. Durham Public Schools makes a contribution as established by the North Carolina General Assembly for each permanent full-time employee. Monthly benefits at retirement are based upon the employee's four (4) highest consecutive years of salary, years of state service and/or age at retirement.

Employees hired on or after Jan. 1, 2021 who enroll in either the Teachers’ and State Employees’ Retirement System (TSERS) or the University of North Carolina Optional Retirement Plan (ORP) will not be able to continue health insurance coverage under the North Carolina State Health Plan (State Health Plan) when they retire. This change will not affect current employees, retirees, or anyone hired before Jan. 1, 2021, who has retained their retirement account plan.

Orbit

The online retirement system portal is provided by the NC Retirement System. Active employees may register at www.myncretirement.com and gain access to current account information as well as perform calculations for retirement planning. Additional resources and retirement information may be found in the Teachers' and State Employees' Retirement System of North Carolina Member Handbook at TSERSHandbook.pdf.

Employee Eligibility

After five (5) years of creditable service, an employee is considered "vested" and may be eligible for lifetime monthly retirement benefits from the retirement system.

Full, unreduced retirement benefits are available at age 65 with five years of service; age 60 with 25 years of service, or at any age with 30 years of service. Reduced benefits are available beginning at age 50 with 20 years of service or age 60 with five years of service.

If an employee was hired before October 1, 2006 and meets the age and service requirements for full or reduced retirement, the employee may be eligible for health insurance. For employees first hired on or after October 1, 2006, the following conditions apply:

• In order to receive individual coverage at no additional cost, an employee must retire with 20 or more years of retirement service credit.

• Employees with 10 years but less than 20 years of retirement service credit will be eligible for coverage under the Plan on a partially contributory basis (50/50).

• Employees with less than 10 years of retirement service credit are eligible for coverage under the Plan on a fully contributory basis.

Retirement Planning

Click here to visit the retirement planning section to the Teachers’ and State Employees’ Retirement System’s website. Employees should discuss retirement plans with Human Resources between 90 to 120 calendar days prior to retirement. Application for retirement may submitted online through ORBIT. Be sure HR is aware of your plans.

All retirements are effective the first day of the month. Regardless of your last day of work, your retirement date must be the first day of the next month. For example: If the last day you work is Oct. 15, 2019 (or any day in Oct 2019), your retirement date will be Nov. 1, 2019. The resignation form with notification to supervisor is required at the time of the retirement application submission.

Beneficiaries

It is extremely important that permanent full-time employees designate beneficiaries with the retirement system. Change of retirement beneficiaries is possible at any time prior to retirement and under certain option provisions after retirement.

EMPLOYEE RIGHTS

RECRUITMENT AND SELECTION OF PERSONNEL

NONDISCRIMINATION ON THE BASIS OF DISABILITIES

The board of education will not discriminate against qualified persons with disabilities on the basis of a disability. This non-discrimination policy includes, but is not limited to, benefits of and participation in system programs and activities. The system will provide aids, benefits, and school services to a person with disabilities in the most integrated school setting appropriate to his or her needs so that he or she may have an opportunity commensurate to that provided to persons without disabilities to obtain the same results, gain the same benefit, or reach the same level of achievement.

The superintendent is directed to develop appropriate procedures to implement this nondiscrimination policy. See Policy 1730/4022/7231

ACCOMMODATION REQUESTS

Employees have the right to request temporary medical accommodations. The employee should complete the Request Form and submit it to the Human Resources Leave Team at hrleaves@dpsnc.net along with a medical note from a licensed health care provider that details the necessary medical restrictions. Human Resources will engage in an interactive process with the supervisor and the employee, as needed, to make reasonable accommodations.

Requests for other accommodations, such as lactation needs, can be addressed by the supervisor and/or Human Resources to ensure compliance with all relevant laws, policies, and guidelines.

PROHIBITION AGAINST DISCRIMINATION, HARASSMENT, AND BULLYING

The board acknowledges the dignity and worth of all students and employees and strives to create a safe, orderly, caring, and inviting school environment to facilitate student learning and achievement. The board prohibits discrimination on the basis of race, color, national origin, sex, disability, or age and will provide equal access to the Boy Scouts and other designated youth groups as required by law. The board will not tolerate any form of unlawful discrimination, harassment, or bullying in any of its educational or employment activities or programs. Any violation of this policy will be considered serious and school officials shall promptly take appropriate action to address the violation.

Students are expected to comply with the behavior standards established by board policy, the Code of Student Conduct, and school and classroom rules. Employees are expected to comply with board policy, school system regulations, and school rules. Volunteers and visitors on school property also are expected to comply with board policy, school system regulations, and school rules and procedures.

This policy applies to behavior that takes place: (1) in any school building or on any school premises before, during or after school hours; (2) on any bus or other vehicle as part of any school activity; (3) at any bus stop; (4) during any school-sponsored activity or extracurricular activity; (5) at any time or place when the individual is subject to the authority of school personnel; or (6) at any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools.

Discrimination

Discrimination means any act or failure to act, whether intentional or unintentional, that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, pregnancy, religion, age, disability, sexual orientation, or gender identity.

Harassment and Bullying

Harassment or bullying behavior is deliberate conduct intended to harm another person or group of persons. Such conduct violates this policy when any pattern of gestures or written, electronic, or verbal communications, or any physical act or any threatening communication:

1. places a student or school employee in actual and reasonable fear of harm to his or her person or damage to his or her property; or

2. creates or is certain to create a hostile environment by substantially interfering with or impairing a student’s educational performance, opportunities, or benefits or by adversely altering the conditions of an employee’s employment.

“Hostile environment” means that the victim subjectively views the conduct as harassment or bullying and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that it is harassment or bullying. A hostile environment may be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe.

Harassment and bullying include, but are not limited to, behavior described above that is reasonably perceived as being motivated by any actual or perceived differentiating characteristic or motivated by an individual’s association with a person who has or is perceived to have a differentiating characteristic, such as race, color, religion, ancestry, national origin, gender, socioeconomic status, academic status, gender identity, physical appearance, sexual orientation, or mental, physical, developmental, or sensory disability. Examples of behavior that may constitute bullying or harassment include, but are not limited to, acts of disrespect, intimidation, or threats, such as verbal taunts, name-calling and put-downs, epithets, derogatory comments or slurs, lewd propositions, exclusion from peer groups, extortion of money or possessions, implied or stated threats, assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Harassment and bullying may occur through electronic means (“cyberbullying”), such asthrough the Internet, emailing, or text messaging, or by use of personal websites to support deliberate and repeated behavior intended to cause harm to persons or groups. Legitimate age-appropriate pedagogical techniques are not considered harassment or bullying.

Harassment, including sexual or gender-based harassment, as described below, is not limited to specific situations or relationships. It may occur between fellow students or co-workers, between supervisors and subordinates, between employees and students, or between non-employees, including visitors, and employees or students. Harassment may occur between members of the opposite sex or the same sex.

Sexual Harassment

Sexual harassment is a form of harassment that violates this policy. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

1. submission to the conduct is made, either explicitly or implicitly, a term or condition of an individual’s employment, academic progress, or completion of a school-related activity;

2. submission to or rejection of such conduct is used as the basis for employment decisions affecting the individual, or in the case of a student, submission to or rejection of such conduct is used in evaluating the student’s performance within a course of study or other school-related activity; or

3. such conduct is sufficiently severe, persistent, or pervasive that it has the purpose or effect of unreasonably interfering with an employee’s work or performance or a student’s educational performance, (b) limiting a student’s ability to participate in or benefit from an educational program or environment, or (c) creating an abusive, intimidating, hostile, or offensive work or educational environment.

Sexually harassing conduct includes, but is not limited to, deliberate, unwelcome touching that has sexual connotations or is of a sexual nature, suggestions or demands for sexual involvement accompanied by implied or overt promises of preferential treatment or threats, pressure for sexual activity, continued or repeated offensive sexual flirtations, advances or propositions, continued or repeated verbal remarks about an individual’s body, sexually degrading words used toward an individual or to describe an individual, sexual assault, sexual violence, or the display of sexually suggestive drawings, objects, pictures, or written materials.

Acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex, but not involving sexual activity or language, may be combined with incidents of sexually harassing conduct to determine if the incidents of sexually harassing conduct are sufficiently serious to create a sexually hostile environment.

As provided in policy 4040/7310, Staff-Student Relations, employees are strictly prohibited from engaging in a romantic or sexual relationship with any student enrolled in the school system, whether or not the relationship is consensual. Such conduct is prohibited whether or not it constitutes sexual harassment.

Gender-based harassment is also a type of harassment that violates this policy. Gender-based harassment may include acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sexstereotyping, sexual orientation, or gender identity but not involving conduct of a sexual nature.

Reporting and Investigating Complaints of Discrimination, Harassment, or Bullying

Any person who believes that he or she has been discriminated against, harassed, or bullied in violation of this policy by any student, employee, or other person under the supervision and control of the school system, or any third person who knows or suspects conduct that may constitute discrimination, harassment, or bullying, should inform a school official designated to receive such complaints, as described in policy 1720/4015/7225, Discrimination, Harassment, and Bullying Complaint Procedure.

Any employee who has witnessed, or who has reliable information that another person may have been subjected to discrimination, harassment, or bullying in violation of this policy has a duty to report such conduct in accordance with policy 1720/4015/7225. Employees who observe an incident of harassment or bullying are expected to intervene to stop the conduct in situations in which they have supervisory control over the perpetrator and it is safe to do so. If an employee knows of an incident involving discrimination, harassment, or bullying and the employee fails to report the conduct or take proper action or knowingly provides false information in regard to the incident, the employee will be subject to disciplinary action up to, and including, dismissal.

Reports, except mandatory employee reports, may be made anonymously, and all reports will be investigated in accordance with policy 1720/4015/7225.

Responding to Occurrences of Discrimination, Harassment, or Bullying

Disciplinary Consequences for Students

Students will be disciplined in accordance with the school’s student behavior management plan (see policy 4302, School Plan for Management of Student Behavior). Based on the nature and severity of the offense and the circumstances surrounding the incident, the student will be subject to appropriate consequences and remedial actions ranging from positive behavioral interventions up to, and including, expulsion. In addition, the violation may also be reported to law enforcement, as appropriate. This policy will not be construed to allow school officials to punish student expression or speech based on undifferentiated fear or apprehension of a disturbance or out of a desire to avoid the discomfort and unpleasantness that may accompany an unpopular viewpoint.

Disciplinary Consequences for Employees

Employees who violate this policy will be subject to disciplinary action up to, and including, dismissal. In addition, the violation may also be reported to law enforcement, as appropriate. Nothing in this policy will preclude the school system from taking disciplinary action against an employee when the evidence does not establish unlawful discrimination, harassment, or bullying, but the conduct otherwise violates board policy or expected standards of employee behavior.

Consequences for Other Perpetrators

Volunteers and visitors who violate this policy will be directed to leave school property and/or reported to law enforcement, as appropriate, in accordance with policy 5020, Visitors to the Schools. A third party under the supervision and control of the school system will be subject to termination of contracts/agreements, restricted from school property, and/or subject to other consequences, as appropriate.

Consideration of Need for More Extensive Response

School administrators shall consider whether the misconduct warrants more than just a response at the individual level. Given the nature and severity of the misconduct, the administrators may determine that a classroom, school-wide, or school system-wide response is necessary. Such classroom, school-wide, or school system-wide responses may include additional staff training, harassment and bullying prevention programs, and other measures deemed appropriate by the superintendent to address the behavior. The actions taken must be reasonably calculated to end the behavior, eliminate a hostile environment and its effects if one has been created, and prevent recurrence of the behavior.

Retaliation Prohibited

The board prohibits reprisal or retaliation against any person for (a) reporting or intending to report violations of this policy, (b) supporting someone for reporting or intending to report a violation of this policy, or (c) participating in the investigation of reported violations of this policy.

After consideration of the nature and circumstances of the reprisal or retaliation and in accordance with applicable federal, state, or local laws, policies, and regulations, the superintendent or designee shall determine the consequences and remedial action for a person found to have engaged in reprisal or retaliation.

Training and Programs

The board directs the superintendent to establish training and other programs that are designed to prevent discrimination, harassment, and bullying and to foster an environment of understanding and respect for all members of the school community. Information about this policy and the related complaint procedure must be included in the training plan.

As funds are available, the board will provide additional training for students, employees, and volunteers who have significant contact with students regarding the board’s efforts to address discrimination, harassment, and bullying and will create programs to address these issues. The training or programs should (1) provide examples of behavior that constitutes discrimination, harassment, or bullying; (2) teach employees to identify groups that may be the target of discrimination, harassment, or bullying; and (3) train school employees to be alert to locations where such behavior may occur, including locations within school buildings, at school bus stops, on cell phones, and on the Internet.

Notice

The superintendent is responsible for providing effective notice to students, parents, and employees of this policy and of the procedures for reporting and investigating complaints of discrimination, harassment, and bullying established in policy 1720/4015/7225, Discrimination, Harassment, and Bullying Complaint Procedure. The superintendent must ensure that each principal provides a copy of this policy and policy 1720/4015/7225 to students, employees, and parents or other responsible care givers at the beginning of each school year. In addition, both policies must be posted on the school system website, and copies of the policies must be readily available at each school and worksite. Notice of the policies must appear in all student and employee handbooks and in any school or school system publication that sets forth the comprehensive rules, procedures,

and standards of conduct for students and employees.

Coordinators

The superintendent has appointed the following individuals to coordinate the school system’s efforts to comply with and carry out its responsibilities under federal non-discrimination laws. These responsibilities include investigating any complaints communicated to school officials alleging noncompliance with Title VI or Title IX of the Civil Rights Act, Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), the Age Discrimination Act, and/or the Boy Scouts Act, or alleging actions which would be prohibited by those laws.

Title IX (Employees & Students); Other Non-Discrimination Laws (Students): Karin Beckett

511 Cleveland St., Durham, NC 27702 919-560-2000; karin_beckett@dpsnc.net

Section 504 (Students):

Dr. Melissa Watson

808 Bacon St., Durham, NC 27703 919-560-2000; melissa_watson@dpsnc.net

ADA, Age Discrimination, Section 504 and Other Non-Discrimination Laws (Employees):

Dr. Ayesha Hunter

511 Cleveland St., Durham, NC 27702 919-560-2000;

Records and Reporting

The superintendent or designee shall maintain confidential records of complaints or reports of discrimination, harassment, or bullying. The records must identify the names of all individuals accused of such offenses and the resolution of such complaints or reports. The superintendent also shall maintain records of training conducted and corrective action(s) or other steps taken by the school system to provide an environment free of discrimination, harassment, and bullying.

The superintendent shall report to the State Board of Education all verified cases of discrimination, harassment, or bullying. The report must be made through the Discipline Data Collection Report or through other means required by the State Board.

Evaluation

The superintendent shall evaluate the effectiveness of efforts to correct or prevent discrimination, harassment, and bullying and shall share these evaluations periodically with the board. See Policy 1710/4021/7230.

DISCRIMINATION, HARASSMENT, AND BULLYING COMPLAINT PROCEDURE

The board takes seriously all complaints of unlawful discrimination, harassment, and bullying. The process provided in this policy is designed for those individuals who believe that they may have been discriminated against, bullied, or harassed in violation of policy 1710/4021/7230, Prohibition Against Discrimination,

Harassment, and Bullying, or policy 1730/4022/7231, Nondiscrimination on the Basis of Disabilities. Individuals who have witnessed or who have reliable information that another person has been subject to unlawful discrimination, harassment, or bullying also should use the process provided in this policy to report such violations to one of the school system officials listed in subsection C.1. In addition, the process in this policy should be used to report a violation of policy 4040/7310, Staff-Student Relations.

Any report made through the process established in this policy may be made anonymously, except mandatory employee reports. The school system will ensure that institutional interests do not interfere with the impartiality of the process for investigating and resolving complaints established in this policy. The process set forth in this policy does not apply to allegations regarding or related to the identification, evaluation, educational placement, or free appropriate public education of a student under Section 504 or the IDEA. Such allegations may be raised through the procedures established under policy 1730/4022/7231, Nondiscrimination on the Basis of Disabilities (for Section 504 complaints), or in accordance with the procedures described in the Parents Rights Handbook published by the NC Department of Public Instruction (for IDEA complaints).

Definitions

Alleged Perpetrator: The individual alleged to have discriminated against, harassed, or bullied the complainant.

Complaint: An oral or written notification made by a person who believes he or she is the victim of unlawful discrimination, harassment, or bullying.

Complainant: The individual complaining of being discriminated against, harassed, or bullied

Days: Days are the working days, exclusive of Saturdays, Sundays, vacation days, or holidays, as set forth in the school calendar. In counting days, the first day will be the first full working day following receipt of the complaint. When a complaint is submitted on or after May 1, time limits will consist of all weekdays (Monday –Friday) so that the matter may be resolved before the close of the school term or as soon thereafter as possible.

Investigative Report: A written account of the findings of the investigation conducted in response to a complaint.

Investigator: The school official responsible for investigating and responding to the complaint. The investigator must be a person free of actual or reasonably perceived conflicts of interest and biases for or against any party.

Report: An oral or written notification that an individual, other than the reporter, is a suspected perpetrator or victim of unlawful discrimination, harassment, or bullying.

Reporting by Employees or Other Third Parties

1. Mandatory Reporting by School Employees

Any employee who witnessed or who has reliable information or reason to believe that a student or other individual may have been discriminated against, harassed, or bullied in violation of policy 1710/4021/7230 or policy 1730/4022/7231 must report the offense immediately to an appropriate individual designated in subsection C.1, below. Suspected violations of policy 4040/7310, Staff-Student Relations, should be reported directly to the superintendent or designee. An employee who does not promptly report possible discrimination, harassment, or bullying or violations of policy 4040/7310 shall

be subject to disciplinary action.

2. Reporting by Other Third Parties

All members of the school community including students, parents, volunteers, and visitors are also strongly encouraged to report any act that may constitute an incident of discrimination, harassment, or bullying.

3. Anonymous Reporting

Reports of discrimination, harassment, or bullying may be made anonymously (except mandatory reports by school employees) but formal disciplinary action may not be taken solely on the basis of an anonymous report. A safety tip line is available for anonymous reporting at the middle and high schools.

4. Investigation of Reports

School officials shall sufficiently investigate all reports of discrimination, harassment, or bullying, even if the alleged victim does not file a complaint or seek action by school officials, to understand what occurred and to determine whether further action under this policy or otherwise is necessary. School officials shall take such action as appropriate under the circumstances, regardless of the alleged victim’s willingness to cooperate. At the option of the alleged victim, the report may be treated as a complaint by the alleged victim under this policy.

Complaints Brought by Alleged Victims of Discrimination, Harassment, or Bullying

Filing a Complaint

Any individual who believes that he or she has been discriminated against, harassed, or bullied is strongly encouraged to file a complaint orally or in writing to any of the following individuals:

1. the principal or assistant principal of the school at which either the alleged perpetrator or alleged victim attends or is employed;

2. an immediate supervisor if the individual making the complaint is an employee;

3. the assistant superintendent of human resources if the alleged perpetrator or alleged victim is an employee of the school system (or the superintendent if the assistant superintendent of human resources is the alleged perpetrator);

4. the Title IX coordinator for claims of sex discrimination or sexual harassment (see policy 1710/4021/7230 for contact information);

5. the Section 504 coordinator or the ADA coordinator for claims of discrimination on the basis of a disability (see policy 1710/4021/7230 for contact information); or

6.for claims of other forms of prohibited discrimination, the applicable civil rights coordinator as established in policy 1710/4021/7230.

Time Period for Filing a Complaint

A complaint should be filed as soon as possible but no later than 30 days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the 30-day period may be investigated; however, individuals should recognize that delays in reporting may significantly impair the ability of school officials to investigate and respond to such complaints.

Informal Resolution

The board acknowledges that many complaints may be addressed informally without a full investigation and/or hearing, through such methods as conferences or mediation. The board encourages the use of informal procedures such as mediation to the extent possible in appropriate cases and when all parties voluntarily agree after receiving a full disclosure of the allegations and the option for formal resolution; however, mediation or other informal procedures will not be used to resolve complaints alleging sexual assault or sexual violence, complaints by a student of sexual harassment perpetrated by an employee, or when otherwise deemed inappropriate by the investigator or applicable civil rights coordinator.

If an informal process is used, the principal or other designated personnel must (1) notify the complainant that he or she has the option to end the informal process and begin formal procedures at any time and (2) make a copy of this policy and other relevant policies available to the complainant. Any informal process should be completed within a reasonable period of time, not to exceed 30 days unless special circumstances necessitate more time. If informal procedures fail to resolve the matter in a reasonable period of time or are inappropriate, or if the complainant requests formal procedures, the complaints will be investigated promptly, impartially, and thoroughly according to the procedures outlined in the remainder of this policy.

Other Resources

Individuals may also contact the Office for Civil Rights at the U.S. Department of

Education: 4000 Maryland Ave, SW Washington, DC 20202-1475

Telephone: 202-453-6020; TDD: 800877-8339 FAX: 202-453-6021; Email: OCR.DC@ed.gov

Process for Addressing Complaints of Alleged Incident of Discrimination, Harassment, or Bullying

Initiating the Investigation

Whoever receives a complaint of discrimination, harassment, or bullying pursuant to subsection C.1 shall immediately notify the appropriate investigator who shall respond to the complaint and investigate. The investigator of a complaint is ordinarily determined as follows; however, the superintendent may determine that individual circumstances warrant the assignment of a different investigator.

If the alleged incident occurred under the jurisdiction of the principal, the investigator is the principal or designee, unless the alleged perpetrator is the principal, the assistant superintendent of human resources, the superintendent, or a member of the board. If the alleged perpetrator is any other employee, the principal or designee shall conduct the investigation in consultation with the assistant superintendent of human resources or designee.

If the alleged perpetrator is the principal, the assistant superintendent of human resources or designee is the investigator.

If the alleged incident occurred outside of the jurisdiction of a principal (for example, at the central office), the assistant superintendent of human resources or designee is the investigator unless the alleged perpetrator is the assistant superintendent of human resources, the superintendent, or a member of the board.

If the alleged perpetrator is the assistant superintendent of human resources, the superintendent or designee is the investigator.

If the alleged perpetrator is the superintendent, the board attorney is the investigator. (In such cases, whoever receives a complaint of discrimination, harassment, or bullying shall immediately notify the assistant superintendent of human resources who shall immediately notify the board chair. The board chair shall direct the board attorney to respond to the complaint and investigate.)

If the alleged perpetrator is a member of the board, the board attorney is the investigator. (In such cases, whoever receives a complaint of discrimination, harassment, or bullying shall immediately notify the superintendent who shall direct the board attorney to respond to the complaint and investigate. Unless the board chair is the alleged perpetrator, the superintendent shall also notify the board chair of the complaint.)

As applicable, the investigator shall immediately notify the Title IX, Section 504, ADA, or other relevant coordinator of the complaint, and, as appropriate, may designate the coordinator to conduct or assist with the investigation.

The applicable coordinator and the investigator shall jointly assess the need for interim measures of support for either party and, as necessary, shall implement appropriate measures in a timely manner and monitor the effectiveness of the measures during the pendency of the investigation. Interim measures that restrict the ability of either party to discuss the investigation (“gag orders”) may not be used.

The investigator shall explain the process of the investigation to the complainant and inquire as to whether the complainant would like to suggest a course of corrective action.

Written documentation of all reports and complaints, as well as the school system’s response, must be maintained in accordance with policy 1710/4021/7230.

Failure to investigate and/or address claims of discrimination, harassment, or bullying

shall result in disciplinary action.

Conducting the Investigation

The investigator is responsible for determining whether the alleged act(s) constitutes a violation of policy 1710/4021/7230, policy 1730/4022/7231, or policy 4040/7310. In so doing, the investigator shall impartially, promptly, and thoroughly investigate the complaint. In complaints alleging sexual misconduct between students, each party will receive notice and access to information consistent with guidance from the U.S. Department of Education, Office for Civil Rights.

The investigator shall interview all individuals who may have relevant information, including (1) the complainant; (2) the alleged perpetrator(s); (3) individuals identified as witnesses by the complainant or alleged perpetrator(s); and (4) any other individuals, including other possible victims, who may have relevant information. The investigation will include a review of all evidence presented by the complainant or alleged perpetrator.

If the investigator, after receipt of the complaint, an interview with the complainant, and consultation with the board attorney, determines that the allegations submitted, even if factual, do not constitute discrimination, harassment, or bullying as defined in policy 1710/4021/7230 or policy 1730/4022/7231, school officials will address the matter outside the scope of this policy. Information regarding the investigator’s determination and the process for addressing the complaint will be provided to the complainant.

The complaint and investigation will be kept confidential to the extent possible. Information may be shared only with individuals who need the information in order to investigate and address the complaint appropriately and those with a legal right to access the information. Any requests by the complainant for further confidentiality will be evaluated within the context of the legal responsibilities of the school system. Any complaints withdrawn to protect confidentiality must be recorded in accordance with policy 1710/4021/7230.

The investigator shall review the factual information gathered through the investigation to determine whether, based on a preponderance of the evidence, the alleged conduct constitutes discrimination, harassment, or bullying, giving consideration to all factual information, the context in which the alleged incidents occurred, the age, and maturity of the complainant and alleged perpetrator(s), and any other relevant circumstances. The investigator shall submit a written investigative report to the superintendent and, as applicable, to the Title IX, Section 504, ADA, or other coordinator.

Notice to Complainant and Alleged Perpetrator

The investigator shall provide written notification to the complainant of the results of the investigation within 15 days of receiving the complaint, unless additional time is necessary to conduct an impartial, thorough investigation. The investigator shall specify whether the complaint was substantiated and, if so, shall also specify:

1. reasonable, timely, age-appropriate, corrective action intended to end the discrimination, harassment, or bullying, and prevent it from recurring;

2. as needed, reasonable steps to address the effects of the discrimination, harassment, or bullying on the complainant; and

3. as needed, reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.

If required by federal law, information regarding specific disciplinary action imposed on the alleged perpetrator(s) will be given to the complainant, such as when the information relates directly to the complainant (e.g., an order requiring the perpetrator not to have contact with the complainant). School officials are encouraged to consult with the superintendent and board attorney before releasing such information, however.

If the investigator determines that the complaint was substantiated, the perpetrator(s) shall be subject to discipline or other corrective steps, as described in policy 1710/4021/7230. If the corrective steps involve actions outside the scope of the investigator’s authority, the superintendent will be notified so that responsibility for taking the corrective steps may be delegated to the appropriate individual.

Each alleged perpetrator will be provided with a written summary of the results of the investigation in regard to whether the complaint was substantiated, whether the alleged perpetrator violated relevant law or board policies by his or her actions, and what, if any, disciplinary actions or consequences will be imposed upon the perpetrator in accordance with board policy. The perpetrator may appeal any disciplinary action or consequence in accordance with board policy and law. However, an appeal by the perpetrator of disciplinary action does not preclude school officials from taking appropriate action to address the discrimination, harassment, or bullying.

Appeal

If the complainant is dissatisfied with the results of the investigation, he or she may appeal the decision to the superintendent (unless the alleged perpetrator is the assistant superintendent of human resources or the superintendent, in which cases the complainant may appeal directly to the board in accordance with the procedure described in subsection D.4.b below). The appeal must be submitted in writing within five days of receiving the notice of the results of the investigation. The superintendent may review the documents, conduct any further investigation necessary, or take any other steps the superintendent determines to be appropriate in order to respond to the complaint. The superintendent shall provide a written response within 10 days after receiving the appeal, unless further investigation is needed.

If the complainant is dissatisfied with the superintendent’s response, he or she may appeal the decision to the board within five days of receiving the superintendent’s response. The board will review the documents, direct that further investigation be conducted if necessary, and take any other steps that the board determines to be appropriate in order to respond to the complaint. Upon request of the complainant, the board will hold a hearing pursuant to policy 2500, Hearings Before the Board. The board will provide a written response within 30 days after receiving the appeal, unless further investigation is necessary or the hearing

necessitates that more time be taken to respond.

Timeliness of Process

The school system will make a good faith effort to conduct a fair, impartial investigation in a timely manner designed to provide all parties with a prompt and equitable resolution. The number of days indicated at each step of the process should be considered a maximum. Every effort should be made to expedite the process. The school system reserves the right to extend any deadline contained in this policy for good cause with written notice to the parties of the delay and the reason for the delay.

If any school official charged with investigating the complaint or reviewing the investigation fails at any step in the process to communicate a decision within the specified time limit, the complainant will be entitled to appeal the complaint to the next step unless the official has notified the complainant of the delay and the reason for the delay, such as the complexity of the investigation, review, or report. The school official shall make reasonable efforts to keep the complainant apprised of progress being made during any period of delay. Delays that interfere with the exercise of any legal rights are not permitted.

Failure by the complainant at any step in the process to appeal a complaint to the next step within the specified time limit will be considered acceptance of the decision at that step, unless the complainant has notified the investigator of a delay and the reason for the delay and the investigator has consented in writing to the delay.

General Requirements

No reprisals or retaliation of any kind will be taken by the board or by an employee of the school system against the complainant or other individual on account of his or her filing a complaint or report or participating in an investigation of a complaint or report filed and decided pursuant to this policy, unless the person knew or had reason to believe that the complaint or report was false or knowingly provided false information.

All meetings and hearings conducted pursuant to this policy will be private.

The board and school system officials will consider requests to hear complaints from a group, but the board and officials have the discretion to hear and respond to complainants individually.

The complainant may be represented by an advocate, such as an attorney, at any meeting with school system officials. Should the complainant choose to be represented by an attorney, the complainant should notify school officials in advance so that an attorney for the school system may also be present.

Should, in the judgment of the superintendent or designee, the investigation or processing of a complaint require that an employee be absent from regular work assignments, such absences shall be excused without loss of pay or benefits. This shall not prevent the superintendent or designee from suspending the alleged perpetrator without pay during the course of the investigation.

Records will be maintained as required by policy 1710/4021/7230.

See Policy 1720/4015/7225

COMPLAINTS AND GRIEVANCES

All employees are encouraged to first attempt to resolve concerns and complaints by engaging in polite, respectful conversations with those with whom an issue arises. If a concern arises about the performance of a coworker, supervisor, or direct report, the employee should speak with the co-worker and/or an immediate supervisor. If a concern arises regarding a conduct situation implicating a potential board policy violation, the employee should contact an immediate supervisor and/or Human Resources – Employee Relations. Employees are welcome to call Human Resources to ask advice about DPS policies and practices. Employees may be asked to provide the concerns in writing. All complaints will be responded to and reviewed in a manner consistent with policy and law.

A grievance is specific type of complaint involving a final administrative decision. It is a formal written claim by an employee regarding specific decision(s) made by another employee and alleging that such decision(s) have adversely affected the person making the claim. A grievance may include, but is not limited to, the following allegations:

1. that there has been a violation, misapplication, or misinterpretation of state or federal law or regulations, school board policy, or administrative procedure;

2. that an employee’s employment status or the terms or conditions of his or her employment have been adversely affected; or

3. that there exists a physical condition that jeopardizes an employee’s health or safety or that interferes with an employee’s ability to discharge his or her responsibilities properly and effectively.

The term “grievance” does not apply to any matter for which the method of review is prescribed by law, for which there is a more specific board policy providing a process for addressing the concern, or upon which the board of education is without authority to act. Claims of discrimination, harassment, or bullying must be processed under policy 1720/4015/7225, Discrimination, Harassment, and Bullying Complaint Procedure.

Employees filing a grievance shall clearly articulate the facts of the situation, why the concerns should be considered a grievance, and the specific remedy sought in writing. A grievance may be sent directly to the Assistant Superintendent for Human Resources or the Executive Director of Employee Relations or to employeerelations@dpsnc.net. See Policy 1750/7220

PETITION FOR REMOVAL OF PERSONNEL RECORDS

Any employee who is currently employed in a permanent position may petition to have removed from his or her personnel file any information that the employee believes to be invalid, irrelevant, or outdated. The petition must be in writing, signed by the employee, and submitted to the Assistant Superintendent for Human Resources at employeerelations@dpsnc.net. The petition must identify the specific information in question and the reasons for claiming it is invalid, irrelevant, or outdated.

The assistant superintendent of human resources shall provide a written response to the employee seeking to remove information from his or her personnel file and provide notice of whether the petition is approved or denied. If the petition is approved, the information from the personnel file will be removed. If the petition is denied, the employee may submit a written appeal of the decision within ten (10) working days of the notification of denial to the assistant superintendent of human resources.

Upon receipt of an appeal of the assistant superintendent’s decision, all information, including but not limited to the petition, information sought to be removed, superintendent’s response, and the appeal letter, must be submitted to the Board Chair for review by a panel of the board consisting of not less than two members appointed by the chairperson.

The board panel will provide notice to the employee of its decision within ten (10) working days of the board panel’s decision. The decision of the panel will be the decision of the full board. See Policy 7821.

SALARY/COMPENSATION

EMPLOYEE PAY

Licensed employees are paid according to the licensure level and years of experience determined by the North Carolina Department of Public Instruction (NCDPI) when the license is issued, plus any local supplement approved by Durham Public Schools Board of Education. Classified (non-licensed) employees are paid according to an approved Durham Public Schools salary schedule. Questions about individual pay should be referred to the Payroll Department at Dist.PayrollTechnicians@dpsnc.net or Human Resources.

Employee Pay Calendars and Schedules

Click here to view Employee Pay Calendars under the Payroll heading. Click here to view Salary Schedules. Click here for more information about Administrative Pay band descriptions.

Ten-month employees who are based at schools are pre-paid each month. For example, for traditional calendar schools, an employee is provided a full paycheck on the last workday of August, even though only two weeks of work have been done. This employee has been pre-paid for the first two work weeks of September. This continues throughout the school year and the final paycheck of the school year for these employees will be in May, and they will be pre-paid for the first two weeks of June.

Please see the appropriate pay calendar for your specific employment at the link above. The pay schedule is listed at the bottom of the pay calendar.

Installment Pay

Due to recent changes in state policy, installment pay for 10 or 11 month employees to spread out over a 12 month period is not available. There will be a limited number of employees (e.g. those at year round or specialty schools or 11 month employees) who may still on installment pay this school year as we transition to this new state requirement. Please contact the Payroll Department at PayrollCentralServices@dpsnc.net with any questions.

Summer Cash Savings Account

Employees receiving less than 12 monthly wage payments per school year who’d prefer available cash during the summer months, can contact their financial institution and inquire about the benefits of opening a summer cash savings account. In short, employees can redirect a portion of each direct deposit into an interest-bearing employee owned savings account. Arrangements for this type of savings account can be made directly with your financial institution. DPS recommends that all 10- and 11-month employees consider visiting their financial institution to establish a summer cash savings account. Please contact the Payroll Department at

PayrollCentralServices@dpsnc.net with any questions.

EXTRACURRICULAR AND NON-INSTRUCTIONAL DUTIES

The board acknowledges that instructing students is the primary mission of the school system. Generally, in order to carry out the responsibilities of the school system, teachers and other employees may also be required to perform certain non-instructional and extracurricular duties. Assigned additional duties are considered part of all employees’ responsibilities. However, assignment of additional duties to teachers should be minimized to allow time for teachers to plan, collaborate with colleagues, conduct conferences with parents, tutor students, and perform any other activities that have a direct impact on student achievement. Beginning teachers also need adequate opportunities to develop their professional skills and need access to experienced teachers who will provide mentoring to them. In light of these goals, the principal of each school has the authority to assign extracurricular and non-instructional duties as necessary to conduct the business of the school, within the following guidelines.

A. Extracurricular Duties

Initially licensed teachers may not be assigned extracurricular duties unless they request the assignments in writing.

1. Extracurricular Duties Defined

2. Exceptions Permitted for Compelling Reasons

In cases of compelling need, initially licensed teachers may be required to perform extracurricular duties if the procedures set forth in this paragraph are followed.

a. Compelling Need Defined

A compelling need arises when the principal of a school is not reasonably able to provide adequate supervision by qualified personnel at extracurricular activities without using initially licensed teachers and no initially licensed teachers have volunteered in writing to perform these activities. In determining whether a compelling need exists, it will be assumed that teaching assistants and other non-licensed employees may not be assigned to extracurricular duties unless the assignment is approved in advance by the superintendent or designee. Examples of compelling need include circumstances when:

1. an employee who is scheduled to perform an extracurricular duty is unexpectedly unavailable and the position must be filled quickly;

2. the school principal cannot adequately fill extracurricular duty positions without additional reliance on initially licensed teachers; or

3. an extracurricular duty must be supervised by individuals with certain experience, skills, or qualifications and initially licensed teachers are the only qualified staff members who possess the required experience, skills, or qualifications.

b. Process for Granting a Compelling Need Waiver

1. Board Waiver

In cases in which the need for a waiver is reasonably foreseeable and there is an opportunity to bring the matter before the board of education for approval prior to the extra duty, the superintendent shall bring the matter to the board for a decision on the waiver request. The recommendation for a waiver must be in writing and set forth the circumstances requiring the waiver. The board minutes or other documentation will reflect the reasons for granting the waiver.

2. Superintendent Waiver

If there is not a scheduled board meeting prior to the need to provide adequate supervision at the extracurricular activity, the superintendent may waive the requirement upon a finding of compelling need. The superintendent shall make a written record of all such waivers and the circumstances for requesting each waiver. At the next regular board meeting, the superintendent shall report to the board any past waivers made and the reasons therefore. If the waiver is for an ongoing activity, the superintendent must seek and obtain board approval to continue the initially licensed teacher in the extracurricular activity in accordance with the procedure in paragraph (1) above.

3. Principal Waiver

If there is an exigent need to waive the policy, such as the unexpected illness or absence of an employee, then the school principal is authorized to waive the policy temporarily for up to five days. However, the principal must report the waiver to the superintendent and the principal’s direct supervisor in writing, setting forth the circumstances requiring the waiver. The superintendent must approve all waivers over five days, as provided in paragraph (2) above. The board must review and either approve or reject all continuing waivers at its next regular meeting, as provided in paragraph (1) above.

4. Teacher Access to Records

The teacher may request and is entitled to receive any documentation regarding waivers requested or granted under this policy.

B. Non-Instructional Duties

generally should be reserved for course planning, activities related to teaching and assessment, and meetings with other professional staff regarding the instructional program.

1. Non-Instructional Duties Defined

Non-instructional duties refer to those duties that are not directly involved with the instructional program or the implementation of the current statewide instructional standards, but that all teachers are expected to do. These duties include such things as bus duty, carpool duty, and regular and ongoing use of planning periods to monitor hallways and cafeterias. Nothing in this policy should be construed to relieve teachers of the responsibility to provide for the safety and supervision of students during regular school hours, as necessary to maintain order and discipline in the school.

2. Distribution of Non-Instructional Duties

Non-instructional duties should be distributed equitably among employees to the extent that it is reasonably possible to do so. In assigning non-instructional duties, consideration should be given to the need for initially licensed teachers to have adequate professional development, planning time, and access to more experienced teachers who can share their expertise. Principals are responsible for structuring these opportunities in a way that will be beneficial to the students and employees at their schools.

C. Evaluation

The failure of an initially licensed teacher to volunteer to perform extracurricular duties is not appropriate grounds to lower the teacher’s evaluation or just cause for a less than proficient evaluation rating of an initially licensed teacher, provided that the teacher has conducted himself or herself in a professional manner when declining to accept extracurricular duties. However, a teacher’s failure to perform an assigned non-instructional or extracurricular duty in a competent and professional manner may be considered as a part of the teacher’s evaluation.

See policy 7405

LONGEVITY

All permanent full-time or part-time (20 hours per week or more) employees (excluding teachers and instructional support) who have at least 10 years of total qualifying state service are eligible for longevity payments. Longevity pay is automatic. Payment shall be made not later than the month following the monthly pay period in which the employee has satisfied all eligibility requirements.

The amount of annual longevity pay is a percentage of the employee’s annual rate of pay on the employee’s anniversary date and does not include bonuses or pay for extra duties. The percentage is determined by the length of total state service as follows:

Years of State Service

Longevity Pay Rate

10 but less than 15 years - 1.50 percent

15 but less than 20 years - 2.25 percent

20 but less than 25 years - 3.25 percent

25 or more years - 4.50 percent

See DPI Policy Manual Section 13 for more information.

Employee Travel and Other Expense Reimbursement

The board may reimburse employees for reasonable and necessary travel and other expenses incurred while performing school system business. All employees traveling on school system business are expected to exercise good judgment as reimbursement will not be approved for excess costs or additional expenses that are for the convenience or personal preference of the employee. Unless specifically approved by the board in advance, unauthorized expenses include, but are not limited to, alcohol or tobacco, entertainment activities (e.g., sporting events, pay TV, movies), personal services (e.g., spa, laundry), personal items (e.g., toiletries, magazines, souvenirs), supplemental insurance on rental cars, fines for traffic violations, and meals, lodging, or other expenses for spouses, children, guests, or pets. Employees are responsible for being aware of applicable reimbursement rates and any other limitations established by the superintendent or finance officer prior to travel.

All travel must have prior approval from at least the employee’s supervisor. The request for approval must include an estimate of the anticipated cost of the travel and related expenses. Travel requests that exceed the amount budgeted for such purposes will be denied.

Reimbursement

for Travel Expenses

Employees may request reimbursement of actual expenses for mileage, meals, lodging, and other businessrelated expenses, such as conference registration fees and parking fees, incurred on approved trips for official school system business. Travel that does not directly benefit the school system is not reimbursable.

The reimbursement rates for mileage, meals, lodging, and other travel expenses will be in accordance with those established for state employees. Reimbursements will not exceed the annual budget allocated to the respective employee or department. All reimbursements are contingent upon funds available.

All claims for reimbursement of travel expenses must (1) include a copy of the approved travel request form; (2) be in writing, itemized, and supported with original receipts, except that no receipt is required for meals that will be reimbursed at the state-approved flat rates; (3) document the official school business purpose for which the expenses were incurred; (4) include a copy of the agenda if the travel was to a conference, meeting, or similar event; (5) be signed by the employee; and (6) be approved by the employee’s supervisor, or in the case of the superintendent, by the board chair. If reimbursement is to be paid from federal funds, documentation of the business purpose must include the reason the claimant’s travel is necessary to the federal program. All claims must be submitted in accordance with any additional requirements, procedures, or deadlines established by the superintendent or finance officer.

In extenuating circumstances, reasonable costs in excess of the state-approved rates may be approved by the employee’s supervisor and the superintendent or designee, or in the case of the superintendent, by the board

chair. The board discourages providing an advance travel allowance to employees.

Cancelled Trips

If an employee cancels a trip for which (1) a travel advance has been extended, (2) trip-related expenses have been prepaid by the school system, or (3) a penalty or charge resulting from the cancellation is incurred, the employee is responsible for reimbursing the school system for all funds advanced or expended by the school system as a result of the cancellation unless otherwise approved by the superintendent or designee. Failure to reimburse the school system as required may result in disciplinary action and/or actions to recover the amounts owed.

Mileage Reimbursement for Use of Personal Vehicle

Employees who use their personal vehicle to travel in the performance of their official job duties will be reimbursed at the rate for state employees for mileage incurred when traveling for job-related activities, subject to budgetary limitations. The superintendent may establish criteria for determining which employees are eligible for this mileage reimbursement. Mileage reimbursements will be measured from the closer of your regular place of employment or point of departure to your destination (and return).

Mileage reimbursement requests for all employees except the superintendent must be approved by the employee’s immediate supervisor and submitted as directed by the finance officer or superintendent. The superintendent’s mileage reimbursement requests must be approved by the board chair and submitted to the finance officer at least quarterly.

Reimbursement of Other Business Expenses

Employees purchasing merchandise or other items on behalf of the school system with personal funds must have prior approval of their supervisor and may be reimbursed for reasonable costs, up to a limit of $50. Expenses of greater than $50 must be approved in advance by the superintendent or designee, or in the case of the superintendent, by the board chair. See Policy 7650. Also, see the Finance Forms page.

EMPLOYEE BENEFITS

INSURANCE BENEFITS

Insurance benefits are offered to eligible employees and their “dependents” in accordance with the North Carolina Public Schools Benefits and Employment Policy Manual located here The Open Enrollment period for Benefits for calendar year 2026 will be from October 13, 2025 - October 31, 2025

Employees can access most information and services from the State Health Pan and Mark III Voluntary Benefits online through the DPS Benefits Page. However, the Benefits Team can assist employees with insurance enrollment, plan transfers or changes, qualifying life events and insurance related payroll deductions. Insurance providers can assist employees with plan ID cards, insurance claims, coverage types and investment options. Insurance claims are not processed through the Benefits Department. Refer to the Member Services number on the back of your ID card for claim assistance.

Concerns can be addressed by emailing your situation to hrbenefits@dpsnc.net or by calling (919) 560- 2000. For more complex situations, please arrange for an in-person consult at 511 Cleveland Street, Durham, NC 27701.

EMPLOYEE OBLIGATION

Employees and their dependents are required to notify the Benefits Team specifically when:

• There is a change to their eligibility status

• They become Medicare or Medicaid eligible

• They have a co-existing insurance plan (exception ACA Marketplace)

• They have any legal or court ordered obligations

INSURANCE CHANGES

Updates and changes to employee benefits should be requested at hrbenefits@dpsnc.net. A benefits analyst will provide direction for making the change and discuss payroll deduction changes.

CAFETERIA BENEFIT PLANS

The 125 Cafeteria Plans are administered by Mark III Employee Benefits.

Pre-tax Programs (qualified plans)

- Dependent Care, Flexible Spending Accounts (FSA)

- Health/Medical, Flexible Spending Accounts (FSA)

- Accident Insurance

- Medical, Dental & Vision

- Cancer Insurance Plan

- Hospital Indemnity

BENEFIT PLANS

Post-tax Programs (non-qualified plans)

- Life Insurance

- Critical Illness Insurance

- Supplemental Disability Insurance

Employees contributing to the Teachers’ and State Employees’ Retirement Plan are eligible to participate in the below plans. Eligibility does not guarantee employer contribution towards premiums.

(pre-tax)

Dental Plan (pretax)

Oct (As offered by the State Health Plan)

Flexible Spending Accounts: -Dependent CareHealth/Medica l (pretax)

Plan Enrollme nt

Full Time/ Job Share May file claim for legal dependent Concurre nt with State Health Plan Enrollme nt

Life Insurance (posttax) Full Time/ Job Share Available Concurren t with State Health Plan Enrollment

Vision Plan (pre-tax) Full Time/ Job Share Available Concurre nt with State Health Plan Enrollme nt

Other Ancillary Benefits (pre/posttax) Full Time/ Job Share Each insurance product may vary Concurre nt with State Health Plan Enrollme nt

403(b) or 457 Supplemental Retirement Saving Plans (pre/post tax)

QUALIFYING LIFE EVENTS

Qualifyin g Events only MedicalOnly during Annual Enrollme nt Only with direct payment to DPSNC

Qualifyin g Events only Only with direct payment to DPSNC

Eligible employees and/or dependents may enroll or make changes within thirty (30) days of hire date or due to a qualifying event:

• Change to legal marital status

• Birth, death or adoption

• Termination or commencement of employment

• Change to hours of employment involving loss or addition of insurance benefits

• Dependents cease or commence to satisfy requirements due to age

• Dependents cease or commence to satisfy requirements due to student status

• Eligibility for Medicare or Medicaid

• Extended leave of absence or military leave

• Gaining or losing other coverage (exception ACA Marketplace)

• Court order enforcing insurance provisions

Verification of dependent status and qualifying event is required within 30 days of hire date or qualifying event.

COBRA BENEFITS

The COBRA offers an employee and their dependents an opportunity to continue participating in the State Health Plan (Cobra Health Insurance) and Mark III Voluntary Employee Benefit Plans at group rates:

Separation

NC State Health Plan Health Insurance (888)2342416 www.shpnc.org

Benefit Focus Benefits Enrollment (855-8590966) www.shpnc.org CareMark State Health Plan Pharmacy (888-3213124) caremark.com

Mark III Employee Benefits Voluntary Benefits

Prudential (now Empower)

VOYA

800-5321044

401(k) Supplement & 457 Deferred Compensation Plan (866) 6240151

403(b) Annuity & 457 Deferred Compensation (919) 7897100

NC State Treasurer Defined Benefit Retirement Plan

(877) 6273287

https://mymarkiii.com/dpsnc/

https://www.myncretirement.com/n c- 401k-nc-457-plans

voyaretirementplans.com

myncretirement.com

SUMMARY OF BENEFITS

All insurance vendors should provide a summary to each enrolled employee. Insurance cards are provided by the insurance vendor where applicable. Updates to benefits or premiums and other information are available by contacting hrbenefits@dpsnc.net

Note: Benefit coverage is for 12 months (January 1 - December 31) and listed premiums would be the benefit deductions for 12-month employees. Employees paid for 10 months of the year would have higher monthly deductions to cover the summer months when no regular paycheck is received.

NC STATE RETIREMENT CONTRIBUTIONS

Durham Public Schools participates in the North Carolina Retirement System and requires all full-time permanent employees to contribute 6% of their gross wages towards their defined benefit plan through the Teachers’ and State Employees’ Retirement Plan. Please visit www.myncretirement.com for more information.

EMPLOYEE ASSISTANCE PROGRAM

Durham Public Schools contracts with Deer Oaks to provide Employee Assistance Program (EAP) Services for all employees and dependents of DPS. DPS believes the socio-emotional health and well-being of our employees is of utmost importance. The EAP benefit covers 3 confidential short-term counseling visits and is at no cost to employees and their families. DPS has pre-paid for this benefit for all employees and their dependents.

The EAP benefit is not only free to all employees, their dependents and household members, but it is also confidential. Deer Oaks EAP has considerable expertise and clinical knowledge possessed by its clinicians and numerous convenient locations. Deer Oaks clinicians are well versed in helping clients of all ages from young children up to the elderly.

The EAP can assist with many different types of issues. Among these are stress, tension, anxiety, depression, grief, anger management, marital/family problems, work related difficulties, legal/financial concerns, health and wellness issues, trauma recovery, and substance abuse. The EAP services include:

• Assessment and short-term counseling

• Crisis intervention

• Community and health plan referrals

• Leadership and supervisor training

• Online tools, tips, and articles

• Work life balance coaching

• Child care / eldercare resources

• Legal and financial consultations

• Substance abuse services

• Health and wellness education

• Take the High Road program

Deer Oaks EAP is available when you need it, 24 hours a day, 365 days a year.

For additional information or a referral to a provider located nearest you please call the EAP toll-free at 1-888-993-7650. Online tools are available at: www.deeroakseap.com (login & password = dpsnc). You may email at eap@deeroaks.com.

DPS is committed to the health and well-being of its employees and their family members and encourages the utilization of this important benefit.

EMPLOYEE LEAVES

Employee rights to take leave are provided by North Carolina Public Schools Benefits and Employment Policy Manual located here.

Employees are expected to regularly attend work and to properly report absences, including submitting leave forms and all appropriate documentation in a timely manner. Employees do have certain rights to be out on leave. Employees should notify supervisors of planned future leaves as soon as possible. An employee shall use compensatory time first, and then available entitled leave (annual vacation leave, sick leave, etc.) before using nonpaid leave, unless an extenuating situation has been previously agreed upon by the supervisor, employee, and HR. Annual vacation leave may be used in lieu of sick leave by employees eligible to do so. Employees classified as instructional personnel may have restrictions on the use of annual vacation leave on days students are in attendance. It is the district practice to not advance leave.

School treasurers and departmental bookkeepers MUST send an email to the appropriate HR leave analyst and payroll technician if an employee is out for 4 or more consecutive days for a medical or unknown reason.

Supervisors should call Employee Relations at 919-560-2011 if there are questions about excessive absences, annual leave requests longer than 10 consecutive days, or if considering denying a leave request. Reasonable vacation leave requests should be approved by supervisors. However, supervisors may establish school or department practices when annual vacation leave day requests are discouraged or denied, such as the days

before and after a holiday, the week before school starts, or before a recurring deadline.

LEAVE FORMS

Leave Form- General

This form is primarily used for non-medical leave requests and sick leave requests that are less than 3 days and are not related to serious health condition. Employees will use this form for vacation, illness of self or family members, etc. Human Resources does not require this form, and approvals/denials will be managed by the employee’s supervisor or worksite leave processors.

Leave Form for Extended Absences- FMLA related

This form is associated with serious health conditions that may cause an employee to be absent consecutive days or intermittent absences. It is also used when employees are applying for FMLA (Family Medical Leave Act) for major surgeries, birth, or other serious medical conditions for the employee or family member. The Human Resources Leaves Team will need a complete packet to process the employees’ medical leave of absence. Employees should submit this form along with medical certification completed by the employee’s physician. Please see the HR Forms page on the DPS Employee Portal.

Leave forms should be submitted in advance whenever possible as many leave requests require prior approval. Leave request forms must be submitted within 1-2 business days of a return from an absence.

Employees should always follow worksite procedures for notifying supervisors of absences and keep supervisors and HR leaves team updated when longer leave requests change in duration.

Documentation is typically required for medical absences more than three (3) consecutive days. If an employee needs to submit a leave form for an absence that applies to a FMLA request, the employee should write “FMLA” on the leave form so that the school treasurer/bookkeeper knows to submit that form to the HR leaves team. Employees may submit medical notes directly to Human Resources hrleaves@dpsnc.net if not wanting to disclose private health information to supervisors or leave processors at the worksite. Leave Form- General Leave Form- FMLA related

HOLIDAY LEAVE

Permanent public school employees receive pay for the same number of legal holidays occurring within the period of employment as those designated by the State Personnel Commission for State employees. Permanent part-time employees are entitled to paid holidays on a pro rata basis. Temporary employees are not entitled to paid holidays. Paid holidays are granted only to employees who are in pay status through the day on which the holiday is scheduled, or in pay status for one-half or more of the workdays in the month. This includes Independence Day for summer employment. Employees do not earn holidays scheduled before their date of employment or after their date of separation.

The local board of education determines when holidays are scheduled in the school calendar. Some examples include:

New Year's Day, Martin Luther King, Jr.'s Birthday, Good Friday, Memorial Day, Independence Day, Labor Day, Veteran's Day Thanksgiving (2 days), Christmas (3 days)

(mandatory),

Bona

Fide Religious Holidays

Absences from school for bona fide religious holidays may be allowed for a maximum of two days within any one school year with prior approval from the superintendent or designee. Days designated may not be already scheduled as vacation or other holidays in the school calendar. Absences for these religious holidays will be with full pay.

The employee must agree to make up the amount of time for which his or her absence has been excused. The time must be made up at a time agreed upon by the employee and his or her immediate supervisor or principal. When a substitute is employed on these holidays, payment must be made from the same source of funds as the employee’s salary (local, federal, or state funds).

SICK LEAVE

Eligibility and Rate of Earning

Full-time employees - all permanent, full-time employees working or on paid leave (including paid holidays and workers' compensation) for one-half or more of the workdays in any monthly pay period earn one sick day per month or the number of hours worked daily by a full-time employee in that class of work up to a maximum of eight hours. For example, a full-time classified employee working six hours per day, would earn 0.75 sick leave days a month.

Part-time employees - all permanent, part-time employees working or on paid leave (including paid holidays and workers' compensation) for one-half or more of the workdays in any monthly pay period earn sick leave computed on a pro rata basis of the amount earned by a full-time employee in that class of work. Please note that leave accruals for those on Workers Compensation will not be credited until the employee returns to work. Permanent, part-time employees previously employed in a full-time position retain the balance of sick leave earned in the prior position upon transferring to a part-time position.

Sick leave must be used in half or whole day increments;

Purposes for Which Sick Leave May Be Used

1. Any actual period of temporary disability caused by or contributed to by personal illness or injury that prevents an employee from performing required duties on any workday or student day, including the first day an employee reports to work. Sick leave may be used during the 60-day waiting period for short-term disability, or in lieu of short-term disability or worker’s compensation benefits to maintain 100% salary.

2. Sick leave due to pregnancy, miscarriage, abortion, childbirth, or postnatal recovery must be treated in the same manner as any other temporary disability. There is a presumptive temporary disability period of 30 workdays (i.e., six weeks) for maternity leave beginning from the date of birth of the child. Longer periods may be granted, although medical documentation is required. Written documentation of birth by cesarean section will extend the presumptive disability period to 40 workdays or eight weeks. Up to 30 days of earned sick leave may be used to care for a newborn child or for a child placed with the employee for adoption. These days should be consecutive

and used within the first six weeks after birth or placement of the child, unless otherwise agreed upon by the employee and the LEA administration.

3. Medical appointments of the employee.

4. Illness in the immediate family and related medical appointments that necessitates the employee's attendance. Immediate family defined for using sick leave includes the employee's spouse, children, parents, siblings, grandparents, grandchildren, and dependents living in the employee's household. Step, half, and in-law relationships are also included.

5. Death in the immediate family. See previous bullet for list of immediate family members. The length of sick leave granted for illness or death in the immediate family is normally from three to five days; however, individual circumstances may dictate shorter or longer leaves for this purpose. It is the responsibility of the employee to communicate with his/her supervisor regarding the need for this leave and its length. There is no separate bereavement leave.

When teachers are on extended medical leave, they cannot be required to perform work (i.e. lesson plans, interim reports, grades, IEP meetings, etc.) although they are expected, to the extent possible, to ensure continuation of their work by returning DPS materials and providing information as necessary. For longterm situations, if the teacher has not left adequate information for the substitute, the responsibility falls upon the individual teams, department chairs and other staff members to provide the necessary lesson plans.

Whenever possible, employees should give 30 days of advance notice of plans to take sick leave for elective medical or surgical procedures or for childbirth and/or adoption.

Military caregivers may choose to exhaust available sick and/or vacation/bonus leave, or any portion, or go on leave without pay to care for an injured family member.

Any employee who earned sick leave during the regular school term will continue to earn sick leave during the summer if employed in the same school system at least 20 hours per week, even if employed in a temporary or interim position for the summer. The rate will be pro rata if the summer employment is less than full-time.

Verification of Need for Sick Leave

The superintendent or Human Resources department may require a statement from a medical doctor or other acceptable proof that the employee was unable to work due to personal illness, medical appointment, illness or death in the family, or adoption. For absences longer than 3 consecutive days, a medical note may be required to properly process the leave. Supervisors should contact Human Resources/Employee Relations if there are questions about the legitimacy of any medical notes or use of sick leave. Supervisors and worksite leave processors shall not contact an employee’s medical provider(s).

Limitations on Sick Leave

Sick leave may not be used while on leave without pay or on holidays and annual vacation leave days scheduled in the school calendar. An absence covered by workers’ compensation is not considered to be a leave without pay.

Sick leave may be used on any workday or student day including the first day employees in permanent positions report to work. An employee, who is not eligible to earn leave, cannot use previously accumulated leave.

Sick Leave Upon Separation:

Payout of unused sick leave is not an option. The only exception is when an employee is approved for long-term disability and is unable to apply sick leave toward retirement.

Accumulated sick leave counts as creditable service towards retirement. One month of credit is allowed for each 20 days of unused sick leave upon retirement. One more month is allowed for any part of 20 days left over. Sick leave converted from excess annual vacation leave is also creditable.

From the date an employee resigns or moves to a temporary position, the sick leave balance is retained for 60 or 63 months. (In order to have 63 months, the individual must have separated under a 10-month contract and returned to employment under a 10-month contract.) If the person is re-employed in a full- time or part-time permanent position, or retires within this 60 or 63 months, the sick leave balance is reinstated. After this point, the sick leave balance cannot be reinstated.

Transfer of Sick Leave

Unused sick leave must be transferred between local school administrative units. Sick leave may be transferred in whole or in part to and from a state agency, institution, community college, technical institute, or position covered by the State Personnel Act in county agencies of mental health, public health, social services or emergency management if the receiving agency is willing to accept the leave. If the government agency refuses to accept sick leave earned by a school system employee, there is no lump- sum payout of sick leave to the employee.

Any sick leave to be accepted must not result in leave being accrued at a greater rate than the rate set forth in the DPI Policy Manual. The employee is responsible for facilitating any transfer of leave by providing the former employer with the appropriate forms.

There is no provision for public school employees to transfer leave to or from charter schools.

Reinstatement of Accumulated Sick Leave

A former LEA employee must be credited with all sick leave accumulated up to the time of separation from an LEA provided the employee is reinstated as a permanent employee within 60 or 63 calendar months from the date of separation. (In order to have 63 months, the individual must have separated under a 10-month contract and returned to employment under a 10-month contract.)

Sick leave may be reinstated from a state agency or institution, community college, technical institute or position covered by the State Personnel Act in county agencies of mental health, public health, social services or emergency management when an individual is employed within 60 calendar months of separation from one of these.

EXTENDED SICK LEAVE

Twenty (20) days of Extended Sick Leave are available only to classroom teachers and media coordinators who require substitutes if they are absent due to their own personal illness or injury and have exhausted all available

accumulated paid leave (sick leave, annual vacation leave, and bonus leave). The employee must be in a permanent full- or part-time position.

Employees on extended sick leave receive full salary less the required substitute deduction. The deduction is mandatory whether or not a substitute is employed. The standard deduction is $50 per day.

Use of Extended Sick Leave

• In order for a newly hired employee to be eligible for extended sick leave, he or she must have reported to work.

• The employee must provide appropriate medical verification to access extended sick leave.

• Extended Sick Leave days may be used consecutively or intermittently.

• Unused Extended Sick Leave days do not carry forward to succeeding school years.

• Extended Sick leave is not available beyond the waiting period of Workers’ Compensation or Short-Term Disability.

VOLUNTARY SHARED LEAVE

The purpose of voluntary shared leave is to provide economic relief for employees who are likely to suffer financial hardship because of a prolonged absence or frequent short-term absences caused by a serious medical condition.

Eligibility of Voluntary Shared Leave

Only permanent employees who have exhausted all compensatory time and available accumulated paid leave (sick leave, annual vacation leave, and bonus leave, if applicable) are eligible to receive donated leave from employees of the same LEA, a different LEA, a community college, or a state agency as defined in the DPI Policy Manual. An employee need not exhaust personal leave and the 20 days of extended sick leave to be eligible for voluntary shared leave.

An employee who is receiving benefits or is eligible to receive benefits from the Disability Income Plan is not eligible to receive donated leave. Voluntary shared leave may be used only during the required waiting period. Similarly, an employee who has exhausted accumulated leave and is eligible for voluntary shared leave may use donated leave during the required waiting period for workers’ compensation. At the end of the waiting period, should there still be a balance of voluntary shared leave, only 40 hours of the remaining balance may be applied to supplement the workers’ compensation benefit. Anything over 40 hours must be returned prorata to the donors as noted below.

Application for Voluntary Shared Leave

An employee who faces prolonged or frequent absences from work because of a serious medical condition to one’s self or an immediate family member may apply for donated leave. A third person acting on the employee’s behalf may also make an application if the employee is unable to do so.

An application must include a completed voluntary shared leave application, a leave request form, and appropriate medical certification. Applications should be sent to the Human Resources Leave Analysts directly or to hrleaves@dpsnc.net Employees must also ensure that a leave request form is sent to the immediate supervisor.

An employee should not solicit or coerce donated leave days from co-workers or give or receive compensation

for donated leave days. Upon receipt of a completed voluntary shared leave application, the Leave Analysts will notify the worksite supervisor that an email to the staff at the workplace may be sent requesting donated leave. The supervisor or designee can send an email such as “[NAME] has requested donated leave days for a medical situation. If you are interested in donating days, please fill out a voluntary shared leave donation form and submit to hrleaves@dpsnc.net within two business days. Please put the proposed recipient’s name in the subject line of the email.”

Donation and Receipt of Leave

All leave donations must be submitted on the approved form, signed, and specifying the designated employee approved for receipt of donated leave, and the amount and type of leave to be donated. DPS does not have a separate pool or bank for donated leave. Donors may not reduce their annual vacation leave or sick leave balances below one-half of what can be earned when donating leave.

For the purposes of voluntary shared leave, all leave donated will be credited to the recipient’s sick leave account. The minimum amount of leave donated must be one-half of a day. The donating employee may not receive compensation in any form for the donation of leave. Acceptance of remuneration for donated leave will result in dismissal.

What Immediate Family Members May Donate:

An employee of a public school system (Local Education Agency) may donate vacation/bonus or sick leave to an immediate family member, who is eligible to receive shared leave, in any public school, state agency, or community college. An eligible employee of a public school system (LEA), may receive vacation/bonus and/or sick leave from an immediate family member in any public school system, state agency, or community college.

There is no provision for public school employees to donate leave to or receive leave from employees or family members in charter schools, or in county agencies of mental health, public health, social services or emergency management including those covered by the State Personnel Act. Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave. Donors may not reduce their leave balance(s) below one-half of what can be earned in a year.

What Non-Family Members May Donate:

An LEA employee may donate the following leave to a non-family member:

• Annual vacation or bonus leave to an employee of the same or another LEA.

• Annual vacation or bonus leave to a coworker’s immediate family who is an employee in a state agency or community college.

• Sick leave to a nonfamily member in the same or another LEA with the following restrictions:

o The donor shall not donate more than five days of sick leave per year to any one non-family member;

o The combined total of sick leave donated to a recipient from non-family member donors shall not exceed 20 days per year;

o Donated sick leave shall not be used for retirement purposes,

o Employees who donate sick leave shall be notified in writing of the State retirement credit consequences of donating sick leave.

There is no provision for public school employees to donate leave to or receive leave from employees in charter

schools, or in county agencies of mental health, public health, social services or emergency management including those covered by the State Personnel Act.

Receiving Donated Leave:

Approved LEA employees may receive sick leave from both family members and non-family in LEAs. The combined total of sick leave received from nonfamily members shall not exceed 20 days per year. Approved LEA employees may receive sick leave from immediate family members in community college institutions and state agencies. Donated sick leave shall not be used for retirement purposes.

Approved LEA employees may also receive vacation/bonus leave from employees of their own or other LEAs and from immediate family and their coworkers in community college institutions and approved state agencies.

Length of Leave

The superintendent or designee will determine the length of the leave, which shall not exceed the employee’s period of treatment and recovery. An employee may normally receive no more than 130 workdays of donated leave, either continuously or for the same condition on a recurring basis. After 130 workdays have been used, the superintendent may extend this limit on a month-to-month basis until the maximum number of working days occurring between the first day of use of donated leave and twelve months have been used. This provision is only available for those that are not eligible for short term disability.

Earning Leave While Using Voluntary Shared Leave

Holidays occurring while the employee is using donated leave will be paid. Annual vacation and sick leave will continue to be earned by the employee while he or she is using donated leave. Available earned leave accrued during this period must be used by the employee prior to continued use of any donated leave.

Unused Leave

At the expiration of the period approved for voluntary shared leave, any unused donated leave must be returned on a pro rata basis to the donors.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees to take up to 12 work weeks of unpaid, job-protected leave in a 12-month period for their own serious medical condition or that of a spouse, child, or parent. FMLA also allows eligible employees to take the same job-protected leave for the birth or placement (adoption or foster care) of a new child. Employers must maintain any employer-paid health benefits for the employee while the employee is on FMLA job protected leave. FMLA runs concurrently with an employee’s paid leave and may be applied retroactively.

The 12-month period is measured forward from the date when the need for FMLA leave begins. Leave may be taken continuously, intermittently, or on a reduced schedule. Spouses who are eligible for FMLA leave and are both employed by DPS are limited to a combined total of 12 weeks during any 12-month period to care for a new child.

Eligibility for FMLA Leave

An employee must be employed by Durham Public Schools for at least 12 months (not necessarily consecutive) and work at least 1,250 hours during the 12-month period immediately preceding the need for FMLA leave. Ten-

month personnel may be eligible if a full school year has been completed. FMLA qualifying events include:

• the birth and care of a newborn child,

• the placement with the employee of a child for adoption or foster care,

• caring for one’s spouse, child, parent, or next of kin with a serious health condition,

• the employee’s own serious health condition that makes the employee unable to perform the functions of his/her job, or

• a qualifying exigency arising out of the fact that the employee’s spouse, son, daughter or parent is on active duty in the armed forces (or has been notified of an impending call or order to active duty).

Additionally, an eligible employee may take up to 26 weeks of FMLA leave during a single 12-month period to care for a spouse, child, parent or next of kin who is a service member suffering from serious injury or illness incurred while on active duty. An eligible employee is entitled to a maximum combined total of 26 weeks of FMLA leave.

Exhausting Other Leave

To the extent permitted under Board Policy, the employee must use, and if necessary, exhaust earned compensatory time, sick leave, including extended sick leave or voluntary shared leave (if eligible), available vacation leave, and personal leave before going on non-paid leave. Any accrued compensatory time will be used first. The FMLA entitlement will run concurrently with paid and non-paid leave as applicable. Instructional personnel must take earned annual or bonus vacation leave days in lieu of other paid or non-paid leave on days in the school calendar coded as vacation leave days.

During any period of unpaid FMLA leave, the employee is responsible for any premium payments normally deducted from their paycheck for extended benefits. It is the employee’s responsibility to make necessary arrangements through the Benefits Department to continue these benefits.

Notice of Need for FMLA Leave

The employee must provide notice of the need for FMLA to an immediate supervisor as soon as practicable, preferably at least 30 days in advance. The employee must submit a leave request form and provide medical certification as appropriate, and indicate whether the anticipated need is for continuous, intermittent, or reduced schedule leave. Failure to provide proper notice may result in the delay or denial of FMLA leave. When planning medical treatment, the employee must consult with his/her supervisor and make a reasonable effort to schedule leave so as not to unduly disrupt school operations. It is the employee's responsibility to provide the appropriate medical certification and leave request form in a timely manner to Human Resources.

Medical Certification

The employee will be required to furnish medical certification of a serious health condition from a licensed health care provider and may be required to provide recertification every 30 days while remaining on FMLA leave. The employee will also be required to furnish a fitness for duty certificate prior to being restored to employment if FMLA leave is taken for personal serious illness. The employee may also be asked to report periodically on his/her status and intent to return to work while on FMLA leave.

Reinstatement following FMLA Leave.

The employee is entitled to be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on his/her return from leave. The employee may not be returned to the same job position or to a position at the same worksite. Instructional employees who begin leave near the end

of an academic term may be required to continue taking leave until the end of the term. The school district is not required to reinstate employees following FMLA leave if the employee:

• Fails to provide a requested fitness-for-duty certification to return to work. The school system may delay reinstating the employee until a certificate is submitted.

• Fails to report periodically on his/her status and intent to return when asked to do so.

• Employee fraudulently obtains FMLA leave.

If the employee does not return to work following FMLA leave for a reason other than the continuation, recurrence, or onset of a serious health condition which would entitle him/her to FMLA leave, or other circumstances beyond the employee’s control, he/she may be required to reimburse the school system for their share of health insurance premiums paid on the employee’s behalf during his/her FMLA leave.

Confirmation of FMLA Leave

An employee will receive written confirmation when FMLA job protection is applied to a leave.

Additional Description of FMLA Rights

Click on this link to see more detail on your employee rights under the Family and Medical Leave Act This description is an overview of the employee’s rights and responsibilities under FMLA. For more information, please see Section 8.2 of the DPI Policy manual See also: US Dept. of Labor website for FMLA.

DISABILITY INCOME PLAN: SHORT & LONG TERM DISABILITY

The Disability Income Plan of North Carolina is administered by the North Carolina Department of the State Treasurer and the Board of Trustees of the Teachers’ and State Employees’ Retirement System. within the terms and conditions of the Plan as set forth in the North Carolina General Statutes.

Short-Term Disability Benefits

Employees with at least one year of contributing membership service with the Teachers’ and State Employees’ Retirement System earned within 36 calendar months preceding the disability are eligible to apply for shortterm disability benefits. After a waiting period of 60 continuous calendar days from the onset of a disability, an eligible employee may receive a monthly short-term benefit equal to 50% of 1/12th of his or her annual base rate of compensation plus 50% of 1/12th of his or her annual longevity payment, if any, to a maximum of $3,000 per month.

A person in receipt of short-term disability benefits is covered under the Teachers’ and State Employees’ Comprehensive Major Medical Plan, with the State contributing the cost of employee-only coverage, provided the person had contributed to the Retirement System at least five years as a public school or state employee at the time of disability. A person in receipt of benefits who did not meet the five-year requirement at the time of disability may elect to continue coverage under the Major Medical Plan by paying the full premium required. Short-term disability benefits may be extended for as many as 365 days beyond the original short-term period in cases where the Medical Board finds that the disability continues to be temporary and is likely to end during the extended period.

Employees are encouraged to apply to extend their leave at least three months prior to the anticipated end date of any short-term disability benefits.

Long-Term Disability Benefits

Employees with at least five years of contributing membership service with the Teachers’ and State Employees’ Retirement System, earned within 96 calendar months prior to the end of the short-term disability period, are eligible to apply for long-term disability benefits. Long-term disability payments are payable after the conclusion of the short-term disability period. During the first 36 months of the long- term disability period, the monthly long-term benefit will equal 65% of 1/12th of the employee’s annual base rate of compensation that was last payable prior to the beginning of the short-term benefit period plus 65% of 1/12th of the annual longevity payment, if any, to a maximum of $3,900 per month. After the first 36 months of the long-term disability period, the long-term benefit is reduced by an amount equal to the primary Social Security disability benefit to which the employee might be entitled had he or she been awarded Social Security disability benefits.

A person in receipt of long-term disability benefits is covered under the Teachers’ and State Employees’ Comprehensive Major Medical Plan, with the State contributing the cost of employee-only coverage. An employee approved for long-term disability benefits must terminate employment as a permanent employee prior to receiving long-term disability benefits. An employee approved for long-term disability benefits who has not exhausted accumulated sick leave must be paid a lump sum for any available sick leave, if the employee is unable to apply the sick leave toward retirement. (Note: This does not include extended sick leave, and this is the only time an employee may be paid in lump sum for unused sick leave.)

Detailed information on the Disability Income Plan is available in the booklet Your Retirement Benefits published by the State Retirement System (919) 733-4191 or (877) 627-3287. Contact hrleaves@dpsnc.net if you have questions about disability benefits. See also the Disability Income Plan of North Carolina

ANNUAL VACATION LEAVE

The purpose of paid annual vacation leave is to allow and encourage all employees to renew their physical and mental capabilities and to remain fully productive. Employees are encouraged to request annual vacation leave during each year in order to achieve this purpose.

All full-time and part-time permanent employees who work or are on paid leave (including paid holidays and workers' compensation) for one-half or more of the workdays in a monthly pay period are entitled to earn annual vacation leave at the same rate provided for state employees. Leave for a part-time employee is computed on a pro rata basis of the amount earned by a full-time employee in that class of work. A single employee working in more than one position may not earn more than the benefits allowed for one full-time position, regardless of whether the separate positions the employee holds are part-time or full- time.

The rate of earning is based on the length of total State service as follows:

Use of Annual Vacation Leave

For 10-month employees the first 10 days of annual vacation leave must be scheduled in the school calendar and must be taken as scheduled.

All annual vacation leave taken by a public school employee must be with the authorization of the employee’s immediate supervisor and must conform to policies established by the State Board of Education and the local board of education. Annual vacation leave must be taken in whole or half day increments.

A classroom teacher, school media coordinator, or instructional assistant who requires a substitute is restricted from taking annual vacation leave at any time that students are scheduled to be in attendance unless Leave for Catastrophic Illness or Leave for New Parents has been approved. Teachers (as defined by NC General Statute § 115C-325(a)(6)) who do not require a substitute may, with their supervisor’s approval, take annual vacation leave on any day school is in session. Teachers who do not accrue personal leave shall not be restricted in their use of annual leave other than needing prior approval from a supervisor.

Annual vacation leave may be used in lieu of sick leave. Instructional personnel who require substitutes are subject to the restrictions set forth in paragraph (d) above.

Employees may elect to use annual vacation leave for absences due to adverse weather conditions only on days when students are not required to attend school due to the adverse weather conditions.

Employees may elect to exhaust annual vacation leave during the 60-day waiting period or in lieu of shortterm disability benefits but the restrictions apply for instructional personnel requiring substitutes. This election does not extend the 365 day duration of short-term disability.

An employee who had previously earned annual vacation leave may not use this leave while employed in an interim position of less than six months, a temporary position, or a position of less than 20 hours per week except as provided in Section 1.1.2.

Any employee who earned annual vacation leave in the regular school term will continue to earn annual vacation leave during the summer if employed at least 20 hours per week in the same school system. The rate will be pro rata if the summer employment is less than full-time. Annual vacation leave may be used under the same conditions as during the regular term.

An employee who has neither earned nor will earn sufficient annual vacation leave to cover any annual vacation leave day scheduled in the school calendar will be on non-paid leave for those days.

Military caregiver: An employee may choose to exhaust available sick and/or vacation/bonus leave, or go on leave without pay to care for an injured family member.

As a matter of regular practice, annual vacation leave is not advanced to employees.

Upon separation from service due to service retirement, resignation, (if not transferring to another LEA within 31 calendar days), dismissal, reduction in force or death, an employee shall be paid in a lump sum for accumulated annual vacation leave not to exceed a maximum of 30 days. The lump sum payment shall be paid within two regular pay cycles. Employees going onto disability may exhaust annual vacation leave rather than be

paid in a lump sum.

Scheduling annual vacation leave and workdays in the calendar:

Local calendars must be designed to allow all employees an opportunity to take annual vacation leave. This applies to summer school calendars as well as calendars for the regular term. Days not scheduled in the calendar for student attendance, holidays, annual vacation leave, or optional workdays may be designated by the local board of education as mandatory workdays.

Accumulation/Conversion to Sick Leave:

Annual vacation leave may be accumulated without any applicable maximum until June 30 of each calendar year. On June 30 or upon retirement accumulated annual vacation leave in excess of 30 days will be converted to sick leave so that only 30 workdays of annual vacation leave are carried forward. Upon separation in order to retire, annual vacation leave over 30 days will be converted to sick leave for creditable service toward retirement.

Transfer of Leave

1. Transfer between LEAs:

An employee who transfers between local administrative units must have all unused annual vacation leave transferred to the new administrative unit. Leave to be accepted by a school system must not result in leave being accrued at a greater rate than the rate afforded to school employees as set forth in this policy. Leave should be transferred between districts as “days”, not hours.

2. Transfer to and from other state agencies:

If the agency is willing to accept it, leave may be transferred to and from a state agency or institution, community college, technical institute, or a position covered by the State Personnel Act in county agencies of mental health, public health, social services, or emergency management. All or any portion of the unused annual vacation leave may be accepted. Leave to be accepted from a state agency must not result in leave being accrued at a greater rate than the rate afforded to school employees as set forth in this policy. If a receiving agency refuses to credit the employee with the unused annual vacation leave or any portion thereof, the employee must be paid in a lump sum for up to 30 days or 240 hours of accumulated annual vacation leave.

(a) When an employee transfers between LEAs or to a state agency, if the new employment is obtained within 31 calendar days from the date of separation, (as reported by the resigning employee), the leave balances will transfer rather than being paid out.

(b) There is no provision for public school employees to transfer leave to or from charter schools.

Annual Leave upon Separation from Employment

Lump sum payment: An employee must be paid in a lump sum for accumulated annual vacation leave, not to exceed a maximum of 30 days or 240 hours, upon separation from service. Separation from service includes resignation (unless the employee is transferring to another LEA, or State agency), dismissal, reduction-in-force, death, service retirement, beginning long-term disability benefit, or change to temporary status.

Leave deficit: If an employee separating from service is overdrawn with respect to annual vacation leave, a

deduction in the appropriate amount must be made from the employee's final paycheck.

Retirement: A deduction for retirement must be made from all lump-sum payments of annual vacation leave. Receipt of lump-sum leave payment and retirement benefits is not considered to be dual compensation.

Claims on behalf of deceased employee: In the case of a deceased employee, unused annual vacation leave up to a maximum of 30 days or 240 hours must be paid to the deceased employee's administrator or executor upon the establishment of a valid claim. The claim must be made to the Clerk of Superior Court in the county of the deceased employee's residence.

ANNUAL VACATION LEAVE FOR CATASTROPHIC ILLNESS

Instructional personnel who require substitutes, including instructional assistants, may take annual vacation leave at a time when students are scheduled to be in attendance if the leave is due to a catastrophic illness of the employee and the employee’s available sick leave has been exhausted. This leave is available only for the employee’s personal illness.

Determination of whether an illness is catastrophic is based on the consideration of the following factors: (a) The debilitative nature of the condition, (b) The life-threatening potential of the condition, (c) The duration of the condition, (d) The monetary hardship incurred because of the condition, (e) The expected length of the leave, and (f) Other options available to the employee, such as state disability.

The determination will be made by a committee comprised of Human Resources personnel.

LEAVE FOR NEW PARENTS

All employees, including instructional personnel requiring substitutes, may use annual vacation leave, personal leave if applicable, or leave without pay to care for a newborn child or for a child placed with the employee for adoption or foster care. Use of annual vacation leave for this purpose is not limited to days when students are not scheduled to be in attendance. An employee may also use up to 30 days of earned sick leave for the birth or placement of a new child placed with the employee for adoption

The leave must be for consecutive workdays during the first 12 months after the date of birth or placement of the child, unless the employee and local board of education agree otherwise.

Beginning July 1, 2023, new parents are now able to access Paid Parental Leave that is additional to any available paid leave they can access. A birthing mother may access eight weeks of paid parental leave that the state pays for and does comes from the employee’s leave balances. New parents that are not birthing mothers can access four weeks of such paid parental leave. The HR Leave team will work with new and expecting parents regarding this new benefit.

BONUS VACATION LEAVE

The purpose of the bonus vacation leave is to provide a leave benefit to employees whom the General Assembly designated in the 2002-2003, 2003-2004, and/or 2004-2005 fiscal years. The bonus vacation leave balance is tracked separately and carries forward each year until used or paid out at retirement or separation. (It is not

included in the 30-day limit of the annual vacation leave, which can be carried forward on June 30 each year and does not roll into sick leave.) For the purposes of Voluntary Shared Leave, bonus vacation leave is treated the same as annual vacation leave and may be donated accordingly.

Transfer of Bonus Leave

An employee who transfers between local administrative units or to or from a state agency must have all unused bonus vacation leave transferred to the new school system or state agency. If the new employment at another LEA or state agency is obtained within 31 calendar days from the date of separation, the bonus leave balance will transfer rather than being paid out.

COMPENSATORY LEAVE (FLSA)

In lieu of overtime compensation, non-exempt employees may receive compensatory time off at a rate of one and one-half hours for each one hour of overtime worked, if such compensatory time (1) is agreed to by the employee before the overtime work is performed and (2) is authorized by the immediate supervisor. The Superintendent has the discretion to permit overtime payment for employees if deemed in the best interest of the school system. No supervisor shall allow an employee to accumulate more than 40 hours of compensatory time without prior approval of the superintendent or designee. Compensatory time off will be the first option for compensating an employee for overtime. Employees must be allowed to use compensatory time within a reasonable period after requesting such use (see policy 7510, Leave). Supervisors may direct employees to use compensation time in order to reasonably manage the accrued compensation time. Employees may accrue a maximum of 240 compensatory time hours before they must be provided overtime pay at the appropriate rate. In addition, upon leaving the school system, an employee must be paid for any unused compensatory time at the rate of not less than the higher of (1) the average regular rate received by the employee during his or her last three years of employment or (2) the final regular rate received by the employee.

P

ERSONAL LEAVE

Personal leave is earned only by permanent full- or part-time classroom teachers and elementary school media coordinators who require substitutes. Teachers (as defined by G.S. 325.a (6)) who are restricted in their use of annual leave (i.e., when students are in school) shall accrue personal leave at the same rate as classroom teachers. Personal leave is earned at the rate of .20 days for each full month of employment, not to exceed two days per year. Part-time personnel earn a pro rata share of the rate for full-time teachers. Personal leave must be used in one-half or whole day units.

Unused personal leave may be carried forward from one year to another and may be accumulated without limitation until June 30. On June 30, personal leave in excess of 5 days is converted to sick leave so that a maximum of 5 days of personal leave are carried forward to July 1st . Upon retirement, any personal leave may also be converted to sick leave.

Personal leave must be transferred between local administrative units. A teacher must be credited with all personal leave accumulated up to the time of reassignment or separation provided that the teacher is reinstated as an eligible permanent full-time or part-time teacher within 60 calendar months from the date of separation or reassignment.

Use of Personal Leave:

(a) Personal leave may be used only upon the authorization of the immediate supervisor. A teacher shall not take personal leave on the first day the teacher is required to report for the school year, on a required teacher workday, on days scheduled for State testing, or on the day before or the day after a holiday or scheduled vacation day, unless the request is approved by the principal.

(b)A teacher who requests personal leave at least five days in advance shall be automatically granted the request subject to the availability of a substitute teacher. A teacher making the request cannot be required to provide a reason for the request if the request is made at least five days in advance.

(d) Teachers using approved personal leave receive full salary. Teachers may use accrued personal leave in accordance with paragraphs a, b, c and d above.

Limitations on Personal Leave

(a) Personal leave should be used with due and proper consideration given to the welfare of the students and teachers alike and shall not be advanced. A request for consecutive days of personal leave may be denied as not being in the best interests of students.

(b) Personal leave may not be used during summer employment.

(c) When a teacher is no longer eligible to earn personal leave, that teacher may not use previously accumulated personal leave.

(d) When a teacher resigns or separates from service, personal leave cannot be paid out in lump sum.

Deduction

Teachers using personal leave receive full salary less the required substitute deduction with the following exceptions:

(a) Teachers using personal leave on teacher workdays shall receive full salary.

(b) Teachers using personal leave on days other than those referenced above shall receive full salary as long as the teacher provides a reason for the request. If the teacher does not provide a reason for the request, the teacher shall receive full salary less the full cost of hiring a substitute for the teacher. If no substitute is hired for a teacher, any substitute reduction shall be refunded to that teacher.

Teachers may use up to their accrued amount of personal leave on teacher workdays in accordance with the limitations set in this policy.

PARENTAL

LEAVE WITHOUT PAY

All full-time permanent or part-time permanent employees may take a leave of absence without pay for up to one calendar year from the date of birth or adoption to care for a newborn child or a newly adopted child.

Documentation of the need for Parental Leave Without Pay will be required. The employee may elect to use appropriate earned leave (available compensatory, annual, sick, bonus, personal leave, e.g.), as applicable during the time of the leave.

For the purposes of educational continuity, with the approval of the local board, the unpaid leave of absence may be extended for the remainder of the school year when the leave would otherwise end in the latter half of the school year.

Spouses who are both employed by the same school system are limited to a combined total of 12 months of parental leave during the year following the birth or adoption.

Whenever possible, an employee should give written advance notice of request for leave of absence. Local boards of education may establish procedures for giving such notice. The local board may also determine when the leave will begin or end, based on a consideration of the welfare of the students and the employee and the need for continuity of service.

Tenured employees approved for a leave of absence retain career status upon return from the authorized leave.

PARENTAL INVOLVEMENT IN SCHOOLS LEAVE

Any employee who is a parent, guardian or person in loco parentis may take up to four hours per fiscal year to attend or otherwise be involved at his or her child’s school. There is no requirement that the employer pay an employee while taking this leave although eligible and available accrued leave may be approved in lieu of nonpaid parental involvement leave.

Leave granted for this purpose is subject to the following conditions:

(a) The leave shall be at a mutually agreed upon time between employer and employee,

(b) The employer may require an employee to provide a written request at least 48 hours before the time desired for the leave, and

employee attended or was otherwise involved at the school during the time of leave.

For the purpose of this policy, “school” is defined as any: (a) Public school, (b) Private church school, church of religious charter, or nonpublic school that regularly provides a course of instruction, (c) Preschool, or (d) Child day care facility.

EDUCATIONAL LEAVE

Only full-time and part-time permanent employees are eligible for educational leave which can be used for workshops, staff development, departmental meetings, or extended leaves

In-Service Projects:

Permanent public school employees assigned by the local superintendent or designee to participate in in- service school projects conducted by the school administrative unit retain full salary for such absences. Proper provisions must be made for the continuation of the employee’s regular work either by the employment of a substitute or by making satisfactory arrangements within the system. Substitutes employed for absences under these conditions must be paid from the same funding source (local, federal, or state) as the employee’s salary.

State-Sponsored Staff Development Activities:

Permanent public school employees attending staff development activities sponsored by the state and for which state funds have been budgeted for substitutes will retain full salary for such absences. Substitutes employed for these absences will be paid from the appropriate budgeted state funds.

North Carolina Center for Advancement of Teaching (NCCAT):

Employees may be allowed to attend NCCAT seminars with pay upon the approval of the local superintendent. Pay for substitutes must be provided by the Center.

Other Educational Leave:

Local boards of education may grant educational leave to permanent public school employees in accordance with local policies. State funds may not be used for this purpose.

PROFESSIONAL LEAVE

Only full-time and part-time permanent employees are eligible for professional leave.

Professional Leave with Deduction

Permanent certified public school employees who have professional responsibilities or who need to attend meetings of professional associations may be absent with pay minus a salary deduction for substitute teachers. The deduction is mandatory whether or not a substitute is employed. Such absences may be approved by the local superintendent or designee and may be allowed for a period not exceeding three successive days for instate meetings and five successive days for out-of-state meetings. Absences for this purpose may not exceed ten days for the school year. The limitation shall not apply to a person who is a local or district president or president-elect, state or national officer of a professional education association, or a person selected as the National Teacher of the Year. The Office of the Deputy State Superintendent shall upon request determine the eligibility of the professional association.

Professional Leave Without Deduction

Permanent public school employees attending meetings or performing duties as a member of the State Board of Education, the State Textbook Commission, the Board of Governors of the Governor’s Schools, or required attendance at a case manager’s hearing shall receive full salary. Permanent public school employees completing assignments for, or serving on a commission or committee appointed by the Governor, the State Superintendent, the State Board of Education, or the General Assembly shall receive full salary. Substitutes for these persons will be paid from the same source of funds as the employee being replaced.

Officers of Professional Organizations

Upon the recommendation of the local superintendent, local boards of education may grant leave with pay for elected officers of professional organizations, provided the organization pays the full salary and all benefit costs for the employee on leave. During such leave with pay, the employee will earn sick, personal, and annual vacation leave and receive paid holidays. Employees will be eligible to use leave as they would when in active status with the school system.

COMMUNITY RESPONSIBILITY LEAVE

Community Responsibility

Upon approval of the supervisor, full-time or part-time public school employees may be granted leave to represent the school or administrative unit at community functions such as the funeral of a school child or his parent. Employees absent for these reasons shall retain full salary during the days absent. Proper provision shall be made for the continuation of the employee’s regular work by making satisfactory arrangements within the system or by employment of a substitute. Substitutes employed for these absences shall not be paid from state funds.

Jury Duty

Full-time or part-time public school employees retain full salary when absent from work to serve on a jury. The employee is entitled to regular compensation in addition to payment for jury duty upon submission of appropriate documentation. Substitutes employed for these absences shall be paid from the same source of funds as the employee’s salary (local, federal, or state).

Court Attendance

Attendance by duty or subpoena:

Full-time or part-time public school employees retain full salary for absences from school due to court attendance related to their official duty. The employee also will receive full salary when subpoenaed, except as noted in section. Out-of-state subpoenas are not binding on North Carolina residents, unless that state and North Carolina have an interstate subpoena agreement. Any fees except travel reimbursement received by a school employee serving in an official capacity as a witness shall be returned to the employing school administrative unit to be credited to the same fund from which the employee is paid. Substitutes employed for these absences shall be paid from the same source of funds as the employee’s salary (local, federal, or state).

Attendance for personal reasons:

Full-time or part-time public school employees who are absent for appearance in court as plaintiffs, defendants, or witnesses for personal matters, even if subpoenaed, shall not be entitled to receive any salary payment for those days, unless they are using appropriate and available approved earned leave. (NOTE: School personnel who are responding to subpoenas for civic responsibilities, such as a witness to a crime, are eligible for paid court attendance leave.)

Elected Officials

Full-time or part-time public school employees serving as elected government officials may, with their supervisor’s approval, choose to use appropriate earned leave to attend to the responsibilities of their elected office. Precinct Election Officials may not be discharged or demoted because of serving on Election Day or canvas day provided they have given proper notice (at least 30 days). Full-time or part-time public school employees serving as precinct election officials may, with their supervisor’s approval, choose to use appropriate earned leave in order to serve.

MILITARY LEAVE

All qualifying employees are eligible to take military leave consistent with Federal Law and the Uniformed Services Employment and Reemployment Rights Act. The employee must give advance notice to the employer of absence for military service and apply for reemployment following leave of more than 30 days. The employee shall submit a copy of the orders or other appropriate documentation of required military duty. Please contact your HR Leave Analyst or email hrleaves@dpsnc.net with questions about military leave. Please see the DPI Policy Manual Section 10 for a more complete description of employee rights to military leave.

Short Term Military Leave

Full-time or part-time permanent employees are eligible for short-term military leave. Leave with pay shall be granted to members of Reserve Components of the U.S. Armed Forces for periods of active duty training. Reserve components of the U.S. Armed Forces are the National Guard, the Army Reserve, the Naval Reserve, the Marine Corps Reserve, the Air Force Reserve and the Coast Guard Reserve. The National Guard serves both as a Federal Reserve component and as the State Militia.

Military Leave with Pay:

Leave with pay shall be granted for up to 15 workdays during the federal fiscal year (October 1 to September 30).

If paid leave is not available and the military pay is less than the pay with the LEA or charter school, the employee is eligible for differential pay. The employee must provide military pay vouchers or other documentation and the LEA or charter school determines the difference between the military pay and pay with the LEA or charter school. Differential pay is made from the same source of funds as the employee’s salary.

If a local supplement is paid to employees on the job and the employee is eligible for differential pay, the local supplement is to be paid as a part of the differential pay to employees on short-term military leave

An employee shall be granted necessary time off when the employee must undergo a required physical examination relating to membership in a reserve component (included in the 15 days paid leave per federal fiscal year).

Paid military leave is treated like any other paid leave. The employee shall continue to accumulate leave and receive health insurance for self, etc.

Periods ineligible for paid military leave:

(a) Duties resulting from disciplinary actions imposed by military authorities.

(b)Inactive duty training (drills) performed for the convenience of the members such as equivalent training, split-unit assemblies, make-up drills, etc.

Employing agencies are not required to excuse an employee for unscheduled or incidental military activities such as volunteer work at military facilities and unofficial military activities.

Military Leave For Extended Active Duty

All permanent, probationary and trainee employees who enter active military service are eligible for military leave for extended active duty. All or any portion of an employee’s 15 days paid military leave or regular vacation leave may be used in lieu of or in conjunction with unpaid military leave for Attendance at Service Schools or Attendance at Active Duty Training in a Reserve Unit.

Extended active duty is defined as:

(a) Any active military service for a period not to exceed five years plus any period of additional service imposed by law.

(b)All active military service during declared state or national emergency or during time of war.

(c) Any mobilization or order to Federal active duty of an employee in the National Guard or one of the other reserve components.

Unpaid military leave may also be used other related reasons to military service as defined by policy and federal law.

OTHER LEAVES WITHOUT PAY

An employee may be granted a leave of absence without pay at the discretion of the superintendent and subject to rules and regulations adopted by the local board of education. With the exception of military leave, the local board of education may determine the beginning and/or ending date of such leaves based on a consideration of the welfare of the students and the need for continuity of service.

Tenured employees approved for a leave of absence retain career status upon return from the authorized leave.

If an eligible employee goes on approved, unpaid leave of absence, the employee may retain medical insurance provided the employee pays both the employer’s and the employee’s portions of the insurance premium

WORKERS COMPENSATION

All NC public school employees are entitled to receive workers’ compensation under the North Carolina Workers’ Compensation Act. Employees must have suffered an accidental injury or contracted an occupational disease in the course of employment to be eligible for medical payment, compensation for lost salary or death benefits under this program.

Employees experiencing a work-related injury should contact the school WC Processor (School Treasurer unless someone else is appointed) and their Supervisor/Principal immediately in order to complete the necessary reports and receive the needed authorization required to seek initial medical treatment with the approved medical treating facility. Please note that the initial authorization for medical treatment does not guarantee the acceptance (compensability) of the claim. The employee will receive official notification of the compensability determination upon the completion of the required investigation by staff and the assigned

claims adjuster.

This is not meant to be exhaustive of all rights or responsibilities. Employees can find more information about work related injuries in the North Carolina Public Schools Benefits and Employment Policy Manual located here.

EMPLOYEE RESPONSIBILITIES

STAFF RESPONSIBILITIES AND CODE OF ETHICS

Employees are responsible for the education of students, and they also serve as examples and role models to students. Employees cannot perform their duties effectively unless they have the trust and respect of students, parents, vendors, suppliers, the public, and other employees. An unswerving commitment to honorable behavior by each and every employee is expected.

All school employees shall adhere to the following standards.

Employees shall be familiar with, support, comply with, and, when appropriate, enforce board policies, administrative procedures, school rules, and applicable laws. The board further requires all licensed employees to know and abide by the Code of Professional Practice and Conduct for North Carolina Educators (NC DPI Code of Ethics). The absence of a law, policy, regulation, or rule covering a particular situation does not relieve an employee from the responsibility to exercise the highest ethical standards at all times.

Employees shall attend to the safety and welfare of students, including the need to provide appropriate supervision of students.

Employees shall demonstrate honesty, integrity, fairness, respect for others, respect for diversity, inclusion, cultural awareness and competence, professionalism, and commitment to the truth through attitudes, behavior, and communications with others.

Employees shall address or appropriately direct any complaints concerning school employees, the school program, or school operations.

Employees shall demonstrate respectful and positive workplace interactions with all members of the educational community, including but not limited to students, parents, co-workers, supervisors, and direct reports. Employee conduct should be such as to protect both the employee’s integrity and reputation and that of the school system.

Employees shall not use their positions or assignments to unfairly or unduly influence students by causing students to feel it necessary or advisable to participate in activities or events which require more than nominal costs for activities such as camps, programs, lunches, dinners, admissions, transportation, and entertainment.

Employees shall notify the assistant superintendent for human resources or designee if they are arrested for, charged with, or convicted of a criminal offense (including entering a plea of guilty or nolo contendere) other than a minor traffic violation (i.e., speeding, parking, or a lesser violation). Notice must be in writing, must include all pertinent facts, and must be delivered to the assistant superintendent for human resources or designee no later than the next scheduled business day following the arrest, charge, or conviction, unless the employee is hospitalized or incarcerated, in which case the employee must report the alleged violation within 24

hours after his or her release. If an employee makes a report to a supervisor or designee, that information must be forwarded to Human Resources immediately. Upon judicial action in the matter, the employee must report the disposition and pertinent facts in writing to the assistant superintendent for human resources no later than the next business day following adjudication.

Employees shall support parents in effectively participating in their child's education and not encourage or coerce a child to withhold information from a parent.

Employees shall not make secret recordings, in any format, at school, on school system property, or at a schoolrelated event or meeting. Camera phones and other recording devices shall not be used to take a photo or video of a member of the educational community at school, on school system property, or at a school-related event or meeting from a vantage point that a reasonable person would view as an invasion of personal privacy.

Employees must have permission from their principal or supervisor before making a recording, in any format, of any person (including students, employees, parents, or visitors) at school, on school system property, or at a school-related event or meeting.

Employees may audio record a grievance meeting as defined in Board Policy 1750/7220 or a termination or nonrenewal hearing or meeting. The employee must provide 24 hours’ notice (one working day) of the intent to record to the individual in charge of the hearing or meeting. The recording must take place openly, where all parties are made aware of the recording.

Nothing in this section is intended to restrict the school system in the use of recording devices or other technology for conducting official business in investigations, surveillance, or archival purposes. Nothing in this section is intended to restrict employees from the appropriate use of recording devices or other technology as part of an approved curriculum, program, or course of study.

In addition, all driver education instructors must immediately report to the board any conviction that results in three or more points, and any conviction that could cause suspension or revocation of the driver license in any state. The board will notify the Department of Public Instruction when an instructor loses his or her privilege to drive in North Carolina or any other state. The superintendent or designee shall conduct annual checks of the driving records of all driver education instructors.

Failure by an employee to provide timely notice as described in this policy may lead to disciplinary action up to, and including, dismissal. See Policy 7300.

STAFF STUDENT RELATIONS

The board expects all employees to maintain the highest professional, moral, and ethical standards in their interactions with students. Employees are required to provide an atmosphere conducive to learning through consistently and fairly applied discipline and established and maintained professional boundaries. Employees are expected to motivate each student to perform to his or her capacity while modeling the behavior expected of students in staff-student relationships.

The interactions and relationships between staff and students must be based upon cooperation, mutual respect, and an understanding of the appropriate boundaries between adults and students inside and outside of the educational setting. Employees are expected to demonstrate good judgment and to avoid the appearance of

impropriety in their interactions with students. Employees must consult their supervisor any time they suspect or are unsure whether conduct is inappropriate or otherwise constitutes a violation of this or other board policy.

For the purposes of this policy, the terms “staff” and “employees” include independent contractors, school safety officers, and volunteers, but do not include student employees or student volunteers.

Romantic Relationships and Sexual Contact Prohibited

All employees are prohibited from dating, courting, engaging in inappropriate sexual dialogue, entering into a romantic relationship or having sexual contact with any student enrolled in the school system regardless of the student’s age. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal, and may be subject to criminal action as provided in G.S. 14-202.4 and 14-27.32. Further, school system personnel shall provide no assistance to an employee in finding another job, beyond the routine transmittal of personnel or administrative files, if the employee engaged in sexual misconduct with a minor or a student in violation of the law or board policy.

Restrictions on Electronic Communications

Employees are prohibited from communicating with current students through non-school- controlled social media without parental permission except to the extent that the employee and student have an appropriate relationship which originated outside of the school setting. Any communication through social media authorized under policy 7335 must be appropriate at all times, meet the professional standards established in this policy and must otherwise be consistent with law and all other board policy.

Instant and/or temporary messages will be treated as a form of communication through social media subject to the terms of policy 7335 and subsection B.1 above, regardless of whether the messaging service is actually provided through a social media service or otherwise. Employees are also prohibited from communicating electronically with students on platforms using content that disappears.

Employees are prohibited from engaging in other forms of one-to-one electronic communications (e.g., voice, voice mail, email, texting, and picture/photo or video transmission) with students without written prior approval of the employee’s supervisor and the student’s parent. This rule shall not apply, however, if one or more of the following circumstances exist:

the communication (1) is for an educational purpose, (2) is conducted through a school systemprovided platform which archives all such communications for a period of at least three years, (this requirement does not apply to telephone or voice mail communications), and (3) occurs after the employee has given prior notice to his or her supervisor or designee that such communications will occur; the communication serves an educational purpose and is simultaneously copied or transmitted to the employee’s supervisor or designee and, upon request, to the parent or guardian; the communication is necessary in a bona fide emergency, provided the communication is disclosed to the supervisor and parent or guardian as soon as reasonably possible; or the communication derives from a relationship or association outside of the school setting and occurs with the consent of the parent or guardian, provided such communication does not otherwise violate this or other board policy; the communication is only for the purpose of sharing logistical information and limited to the provision of logistical information associated with an approved school related activity.

Any one-to-one electronic communication permitted by this subsection must meet the professional standards

established in this policy and must otherwise be consistent with law and all other board policies.

1 It is the duty of every employee to notify his or her supervisor of any unsolicited one-to-one communication, in any form, electronic or otherwise, received from a student when the communication lacks a clear educational purpose. School counselors are excluded from this requirement only to the extent that it conflicts with their professional duties.

2 Violations of this section will be considered unprofessional behavior subject to discipline, up to and including dismissal. Factors that may be relevant to the determination of an appropriate disciplinary response to unauthorized communications with students include, but not limited to:

a. the content, frequency, educational relevance, subject, and timing of the communication(s);

b. whether the communication(s) was appropriate to the student’s age and maturity level;

c. whether the communication(s) could reasonably be viewed as a solicitation of sexual contact or the courting of a romantic relationship, including sexual grooming;

d. whether there was an attempt to conceal the communication(s) from the employee’s supervisor and/or the student’s parent or guardian;

e. whether the communication(s) created a disruption of the educational environment; and

f. whether the communication(s) harmed the student in any manner or reasonably could have led to harm to the student.

Reporting Inappropriate Conduct

Any employee who has reason to believe any of the following shall immediately report that information to the superintendent or designee:

1 that another employee is involved in a romantic or other inappropriate relationship or has had sexual contact with a student;

2 that another employee has engaged in other behavior prohibited by this policy; or

3 that the employee has witnessed behavior by another employee that has the appearance of impropriety, whether or not the behavior may have a valid purpose.

An employee who fails to inform the superintendent or designee as provided in this section may be subject to disciplinary action, up to and including dismissal.

Report of Criminal Misconduct

Any principal who has reason to believe that a student has been the victim of criminal conduct shall immediately report the incident in accordance with policy 4335, Criminal Behavior.

Report to State Superintendent of Public Instruction

Any administrator, including the superintendent, a deputy/associate/assistant superintendent, a personnel administrator, or a principal, who knows or has reason to believe that a licensed employee has engaged in conduct which involves physical or sexual abuse of a child shall report that information to the State Superintendent of Public Instruction within five working days of any disciplinary action, dismissal, or resignation based on the conduct. For purposes of this subsection, physical abuse is the infliction of physical injury other

than by accidental means or in self-defense, and sexual abuse is the commission of any sexual act upon a child or causing a child to commit a sexual act, regardless of consent and the age of the child. Failure to report such conduct may result in the suspension or revocation of an administrator’s license by the State Board of Education.

This reporting requirement applies in addition to any duty to report suspected child abuse in accordance with state law and policy. See Policy 4040/7310.

CHILD ABUSE – REPORTS AND INVESTIGATIONS

Duty to Report

A school employee who knows or has cause to suspect (1) child abuse, neglect, dependency, or death as a result of maltreatment by a parent, guardian, custodian, or caretaker of the child or (2) that a child has been a victim of human trafficking, involuntary servitude, or sexual servitude by any person is legally required to report the case to the director of social services. The employee also shall immediately report the case to the principal. Any doubt about reporting a suspected situation must be resolved in favor of reporting, and the report must be made immediately.

A school employee is immune by statute from any civil and/or criminal liability when reporting in good faith suspected child trafficking, involuntary servitude, sexual servitude, or child abuse, neglect, dependency, or death as a result of maltreatment by a parent, guardian, custodian, or caretaker of the child. An employee who fails to report or who prevents another person from making a report is subject to disciplinary action by the school system or civil or criminal action under the law.

Duty to Report Child Maltreatment in a Child Care Facility

A school employee who has cause to suspect that a child in a child care facility has been maltreated by a caregiver or has died as a result of maltreatment occurring in a child care facility is legally required to report the case to the Department of Health and Human Services (DHHS), Division of Child Development and Early Education (DCDEE).

A “child care facility” includes any DHHS-licensed classroom or program operated by the school system, including for example, licensed pre-school or Title I classrooms, licensed afterschool programs, and licensed developmental day programs.

Any doubt about reporting a suspected situation or uncertainty whether the child’s care is being provided in a child care facility must be resolved in favor of reporting, and the report should be made immediately.

An employee making a report to DCDEE also shall immediately report the case to the principal. If the suspected maltreatment occurred in a licensed preschool classroom or other licensed classroom or program operated by board, the principal shall immediately notify the superintendent of the suspected maltreatment. No reprisals of any kind may be taken against an employee who makes a good faith report of child maltreatment occurring in any licensed preschool classroom or other licensed classroom or program operated by the board.

An employee who fails to make a report as required by law and this policy may be subject to disciplinary action by the school system. In addition, if the employee works in a licensed preschool classroom or other licensed classroom or program operated by the board, failure to report maltreatment of a child in the program or classroom may itself constitute child maltreatment and result in the employee being placed on the state child maltreatment registry.

Cooperation with State Agencies

The principal may establish a contact person in the school to act as a liaison with state agencies charged with investigating reports of child abuse and neglect or child maltreatment. Employees shall cooperate fully with agency personnel conducting an investigation of suspected child abuse, neglect, dependency, death as a result of maltreatment, or maltreatment occurring in a child care facility.

In the case of suspected abuse, neglect, dependency, or death due to maltreatment under the jurisdiction of social services, employees shall permit the child to be interviewed by social services on school campuses during school hours. In a case under the jurisdiction of DCDEE concerning suspected child maltreatment by a caregiver in a child care facility, permission from the parent must be obtained before the child may be interviewed on school campus during school hours.

Employees shall provide confidential information to agency personnel, so long as the disclosure does not violate state or federal law. Any confidential information disclosed by the investigating agency to employees must remain confidential and may be redisclosed only for purposes directly connected with carrying out the responsibilities of the school system or the employee.

Sharing Information with other Agencies

Upon request and to the extent permitted by law, school system officials shall share with other agencies designated in G.S. 7B-3100(a) information that is relevant to (1) any assessment by the department of social services of a report of child abuse, neglect, dependency, or death as a result of maltreatment; (2) the provision or arrangement of protective services in a child abuse, neglect, or dependency case by the department of social services; or (3) any case in which a petition is filed alleging that a juvenile is abused, neglected, dependent, undisciplined, or delinquent. See Policy 4240/7312.

INFORMATION PROVIDED BY APPLICANT OR EMPLOYEE

All information provided to the personnel office by an applicant for employment or by an employee must be true, accurate, and complete to the best of that applicant's or employee’s knowledge. Presenting information to the personnel department that is intended to defraud, falsify, materially misrepresent, or conceal the truth will be considered just cause for terminating the application process or, as a violation of board policy, grounds for dismissing an employee. See Policy 7110.

EMPLOYEE CONFLICT OF INTEREST

Employees are expected to avoid engaging in any conduct that creates or gives the appearance to the public of creating a conflict of interest with their job responsibilities. Employees shall not engage in or have a financial interest, directly or indirectly, in any activity that conflicts or raises a reasonable question of conflict with duties and responsibilities in the school system. Although conflicts of interest are not limited to those described in this policy, at a minimum, employees must comply with the board directives established below. In addition, employees engaged directly or indirectly in the school system’s procurement, purchasing, and/or contracting process must comply with policy 6401/9100, Ethics and the Purchasing Function.

The board recognizes that some employees may pursue additional compensation on their own time. However, responsibilities related to employment with the Durham Public Schools must take precedence over any form of

outside compensation. Prohibited activities include but are not limited to:

• non-school employment that adversely affects the employee’s availability or effectiveness in fulfilling job responsibilities;

• solicitation of students, parents, or employees for any non-school related business or activity in which the employee has a personal financial interest;

• recruiting or incentivizing students to participate in private business-type activities in which the employee has a financial interest, including summer camps or programs;

• tutoring for a fee any child who currently is enrolled in the school where the employee works;

• work of any type in which the sources of information concerning customer, client, or employer originate from any information obtained through the school system;

• any type of private business using system facilities, equipment, or materials, unless prior approval is provided by the superintendent;

• any type of private business during school time or on school property, unless prior approval is provided by the superintendent

• the receipt of compensation for referring a student to private tutoring

• the receipt of fee from educational institutions for the recruitment of students

• the receipt of fees or other consideration for the recruitment, enlistment, or chaperoning of students for private promotions.

No school employee may solicit or accept trips, meals, favors, or other gifts or items of monetary value from any student, parent, relative, or vendor, or anyone else that would give the appearance of impropriety. Gifts of nominal value may be acceptable. See Policy 7730 for more information.

TECHNOLOGY RESPONSIBLE USE

The board provides its students and staff access to a variety of technological resources. These resources provide opportunities to enhance learning and improve communication within the school community and with the larger global community. Through the school system’s technological resources, users can observe events as they occur around the world, interact with others on a variety of subjects, and acquire access to current and in-depth information.

The board intends that students and employees benefit from these resources while remaining within the bounds of safe, legal, and responsible use. Accordingly, the board establishes this policy to govern student and employee use of school system technological resources. This policy applies regardless of whether such use

occurs on or off school system property, and it applies to all school system technological resources, including but not limited to computer networks and connections, the resources, tools, and learning environments made available by or on the networks, and all devices that connect to those networks, interactive whiteboards, phones and mobile devices, copiers, facsimile machines, televisions, and video-recorders.

EXPECTATIONS FOR USE OF SCHOOL TECHNOLOGICAL RESOURCES

The use of school system technological resources, including access to the Internet, is a privilege, not a right. Individual users of the school system’s technological resources are responsible for their behavior and communications when using those resources. Responsible use of school system technological resources is use that is ethical, respectful, academically honest, and supportive of student learning. Each user has the responsibility to respect others in the school community and on the Internet. Users are expected to abide by the generally accepted rules of network etiquette. General student and employee behavior standards, including those prescribed in applicable board policies, the Code of Student Conduct, and other regulations and school rules, apply to use of the Internet and other school technological resources.

In addition, anyone who uses school system computers or electronic devices or who accesses the school network or the Internet using school system resources must comply with the additional rules for responsible use listed in Section B, below. These rules are intended to clarify expectations for conduct but should not be construed as all-inclusive.

Before using the Internet, all students must be trained about appropriate online behavior as provided in policy 3226/4205, Internet Safety.

Durham Public Schools Board of Education realizes that today’s 21st Century classroom teachers must use technology in order to achieve the district’s academic goals for its students. Students and employees must understand the school system technological resources and strictly comply with these requirements and acknowledging awareness that the school system uses monitoring systems to monitor and detect inappropriate use of technological resources. All students and employees must be informed annually of the requirements of this policy and the methods by which they may obtain a copy of this policy. Failure to adhere to these requirements will result in disciplinary action, including revocation of user privileges. Willful misuse may result in disciplinary action and/or criminal prosecution under applicable state and federal law. Illegal acts and communications relating to or in support of illegal activities may be reported to the appropriate authorities.

RULES FOR USE OF SCHOOL TECHNOLOGICAL RESOURCES

1 School system technological resources are provided for school-related purposes only. Acceptable uses of such technological resources are limited to responsible, efficient, and legal activities that support learning and teaching. Use of school system technological resources for commercial gain or profit is prohibited. Student personal use of school system technological resources for amusement or entertainment is also prohibited, unless permitted by school personnel. Because some incidental and occasional personal use by employees is inevitable, the board permits infrequent and brief personal use by employees so long as it occurs on personal time, does not interfere with school system business, and is not otherwise prohibited by board policy or procedure. Accessing chat-rooms or instant messaging software is prohibited unless for a valid educational purpose or official school business.

2 Under no circumstance may software purchased by the school system be copied for personal use. Users must obtain permission from the technology department prior to copying or loading school system software onto any computer, whether the computer is privately owned or is a school system computer.

3 Students and employees must comply with all applicable laws, including those relating to copyrights and trademarks, confidential information, and public records. Any use that violates state or federal law is strictly prohibited. Plagiarism of Internet resources will be treated in the same manner as any other incidents of plagiarism, as stated in the Code of Student Conduct.

4 No user of technological resources, including a person sending or receiving electronic communications, may engage in creating, intentionally viewing, accessing, downloading, storing, printing, or transmitting images, graphics (including still or moving pictures), sound files, text files, documents, messages, or other material that is obscene, defamatory, profane, pornographic, harassing, abusive, advocating illegal acts, or considered to be harmful to minors.

5 The use of anonymous proxies to circumvent content filtering is prohibited.

6 Users may not install or use any Internet-based file sharing program designed to facilitate sharing of copyrighted material.

7 Users of technological resources may not send electronic communications fraudulently (i.e., by misrepresenting the identity of the sender).

8 Users must respect the privacy of others. When using e-mail, blogs, or other forms of electronic communication, students must not reveal personal identifying information or information that is private or confidential, such as the home address or telephone number, credit or checking account information, or social security number of themselves or fellow students. For further information regarding what constitutes personal identifying information, see policy 4705/7825, Confidentiality of Personal Identifying Information. In addition, school employees must not disclose on school system websites or web pages or elsewhere on the Internet any personally identifiable, private, or confidential information concerning students (including names, addresses, or pictures) without the written permission of a parent or guardian or an eligible student, except as otherwise permitted by the Family Educational Rights and Privacy Act (FERPA) or policy 4700, Student Records. Users also may not forward or post personal communications without the author’s prior consent.

9 Users may not intentionally or negligently damage computers, computer systems, electronic devices, software, computer networks, or data of any user connected to school system technological resources. Users may not knowingly or negligently transmit computer viruses or self-replicating messages or deliberately try to degrade or disrupt system performance. Users must allow the Technology Department to scan any downloaded files for viruses. The technology department provides antivirus software for all system-owned or leased computers. Users must not disable any antivirus programs from running on those computers.

10 Users of school system computers are expected to respect school system property

and be responsible in using the equipment. Users are to follow all instructions regarding maintenance or care of the equipment. Users may be held responsible for any loss or damage caused by intentional or negligent acts in caring for computers while under their control. The school system is responsible for any routine maintenance or standard repairs to school system computers. Users are expected to notify the technology department in a timely manner of any need for service.

11 School system technological resources may not be used to interfere with or disrupt other users, services, or equipment. Disruptions include, but are not limited to, distribution of unsolicited advertising; distribution of large quantities of information that may overwhelm the system; and the posting of information that will cause damage or endanger students or staff.

12 Users may not create or introduce games, network communications programs, or any foreign program or software onto any school system computer, electronic device, or network without the express permission of the technology director or designee. This prohibition pertains to freeware, shareware, copyrighted commercial and non-commercial software, and all other forms of software and files not directly related to the instructional and administrative purposes of the school system.

13 Users are prohibited from engaging in unauthorized or unlawful activities, such as “hacking” or using the computer network to gain or attempt to gain unauthorized or unlawful access to other computers, computer systems, or accounts.

14 Users are prohibited from using another individual’s ID or password for any technological resource without permission from the individual. Students must also have permission from the teacher or other school official.

15 Users may not read, alter, change, block, execute, or delete files or communications belonging to another user without the owner’s express prior permission.

16 Employees shall not use passwords or user IDs for any data system (e.g., the state student information and instructional improvement system applications, timekeeping software, etc.) for an unauthorized or improper purpose.

17 If a user identifies a security problem on a technological resource, he or she must immediately notify a system administrator. Users must not demonstrate the problem to other users. Any user identified as a security risk will be denied access.

18 Teachers shall make reasonable efforts to supervise students’ use of the Internet during instructional time.

19 Views may be expressed on the Internet or other technological resources as representing the view of the school system or part of the school system only with prior approval by the superintendent or designee.

RESTRICTED MATERIAL ON THE INTERNET

The Internet and electronic communications offer fluid environments in which students may access or be exposed to materials and information from diverse and rapidly changing sources, including some that may be harmful to students. The board recognizes that it is impossible to predict with certainty what information on the Internet students may access or obtain. Nevertheless school system personnel shall take reasonable

precautions to prevent students from accessing material and information that is obscene, pornographic, or otherwise harmful to minors, including violence, nudity, or graphic language that does not serve a legitimate pedagogical purpose. The superintendent shall ensure that technology protection measures are used as provided in policy 3226/4205, Internet Safety, and are disabled or minimized only when permitted by law and board policy. The board is not responsible for the content accessed by users who connect to the Internet via their personal mobile telephone technology (e.g., 3G, 4G service).

PRIVACY

Students, employees, visitors, and other users have no expectation of privacy in anything they create, store, send, delete, receive, or display when using the school system’s network, devices, Internet access, email system, or other technological resources owned or issued by the school system, whether the resources are used at school or elsewhere, and even if the use is for personal purposes. Users should not assume that files or communications created, transmitted, or displayed using school system technological resources or stored on servers or on the storage mediums of individual devices will be private. The school system may, without notice, (1) monitor, track, and/or log network access, communications, and use; (2) monitor and allocate fileserver space; and (3) access, review, copy, store, delete, or disclose the content of all user files, regardless of medium, the content of electronic mailboxes, and system outputs, such as printouts, for any lawful purpose. Such purposes may include, but are not limited to, maintaining system integrity, security, or functionality, ensuring compliance with board policy and applicable laws and regulations, protecting the school system from liability, and complying with public records requests. School system personnel shall monitor online activities of individuals who access the Internet via a school-owned device.

By using the school system’s network, Internet access, email system, devices, or other technological resources, individuals consent to have that use monitored by authorized school system personnel as described in this policy.

USE OF PERSONAL TECHNOLOGY ON SCHOOL SYSTEM PROPERTY

Each principal may establish rules for his or her school site as to whether and how personal technology devices (including, but not limited to smart phones, tablets, laptops, etc.) may be used on campus. Students’ devices are governed also by policy 4318, Use of Wireless Communication Devices. The school system assumes no responsibility for personal technology devices brought to school.

PERSONAL WEBSITES

The superintendent may use any means available to request the removal of personal websites that substantially disrupt the school environment or that utilize school system or individual school names, logos, or trademarks without permission.

1 Students: Though school personnel generally do not monitor students’ Internet activity conducted on non-school system devices during non-school hours, when the student’s online behavior has a direct and immediate effect on school safety or maintaining order and discipline in the schools, the student may be disciplined in accordance with board policy (see the student behavior policies in the 4300 series).

2 Employees: Employees’ personal websites are subject to policy 7335, Employee Use of social media.

3 Volunteers: Volunteers are to maintain an appropriate relationship with students at all times. Volunteers are encouraged to block students from viewing personal

information on volunteer personal websites or online networking profiles in order to prevent the possibility that students could view materials that are not ageappropriate. An individual volunteer’s relationship with the school system may be terminated if the volunteer engages in inappropriate online interaction with students.

NO WARRANTIES

The school system makes no warranties of any kind, whether express or implied, for the electronic information resources it is providing. The board will not be responsible for any damages suffered by users, including loss of data resulting from delays, non-delivery, service interruptions, or any other cause. The board will not be responsible for any claims, losses, damages, costs, or other obligations arising from the unauthorized use of school system electronic information resources. Use of any information obtained via the Internet is at the user’s risk. The board specifically denies any responsibility for the accuracy or quality of information obtained through its service. See Policy 3225/4312/7320.

CONFIDENTIAL INFORMATION

Employees and board members have an absolute duty to maintain the confidentiality of records as required by law. Employees and board members, by the nature of their positions, are exposed to confidential information that should not be repeated or discussed except with those recognized by law as having a right to the information. Any employee or board member who is not sure whether particular information may be protected by state or federal confidentiality laws should seek clarification from his or her immediate supervisor or the assistant superintendent for human resources (for employees) or from the superintendent or board attorney (for board members). When violations occur, appropriate disciplinary action will be taken, up to and including dismissal.

It is a criminal violation for an employee or board member to (1) knowingly, willfully, and with malice permit any unauthorized person to have access to information contained in a personnel file; or (2) knowingly and willfully examine, remove, or copy a personnel file that he or she is not specifically authorized to access pursuant to G.S. 115C-321. See Policy 2125/7315.

CONFIDENTIALITY OF PERSONAL IDENTIFYING INFORMATION

The following rules govern the collection, use, and disclosure of social security numbers and other personal identifying information.

A. Collection

1. Limitation on Collection and Use of

Social Security Numbers

Social security numbers and other personal identifying information should only be collected when required or authorized by federal or state law. If a unique identifier is needed, then a substitute for the social security number will be used, such as a system-created student identification number that does not use the social security number.

2. Authorized Purposes for Collection

Social security numbers will be collected only:

a. for the administration of federal and state income taxes;

b. for verification of employment eligibility as required by the Immigration Reform and Control Act of 1986;

c. for Free and Reduced Lunch applications;

d. if the school system maintained a system of records prior to January 1, 1975, and the disclosure of the social security number was required to verify the identity of an individual;

e. if it is imperative for the performance of the school system’s duties and the need has been plainly documented; or

f. if the collection and/or use of social security numbers is otherwise authorized by law.

Prior to the collection of a social security number, the school system department or division that requires the number shall provide an individual, upon request, with a statement of the purpose for which the number will be used. The number will be used only for that stated purpose. In addition, any school system department or division that collects social security numbers shall incorporate such numbers in a student or employee’s record in a manner that enables them to be easily redacted upon a valid public records request.

Any school form that requires a social security number must include information on why the number is being collected, what authority the school system is acting upon in collecting the number, and whether the disclosure of the number is mandatory or voluntary.

B. Disclosure

The school system shall not intentionally communicate or make available an individual’s social security number or other identifying information to the general public.

1. State Mandated Disclosure Restrictions

School system officials shall not do any of the following:

a. intentionally print or imbed a social security number on any card necessary for an individual to gain access to school services;

b. require an individual to release a social security number on the Internet unless the Internet connection is secure or the social security number is encrypted;

c. require an individual to use a social security number to gain access to a website, unless access also requires a password or unique PIN;

d. print an individual’s social security number on any materials that are mailed to the individual, unless required by state or federal law; or

e. print an individual’s social security number on a postcard, or allow a social security number to be visible through an envelope without the letter being opened.

Authorized Disclosures

School system officials are authorized to disclose social security numbers and other identifying information to an individual or entity outside of the school system in the following circumstances:

a. pursuant to a court order, warrant, or subpoena;

b. for public health purposes as required in Chapter 130A of the General Statutes; or

c. to another governmental entity if necessary for that entity to perform its duties.

Public Records

The presence of identifying information in a public record does not change the nature of the public record. If a social security number or personal identifying information is contained within a document subject to release under the Public Records Law, the social security number or personal identifying information will be redacted or removed, and the public record request will be complied with as promptly as possible.

4. Public Display

Social security numbers or personal identifying information must not be placed on identification cards, badges, time cards, employee rosters, bulletin boards, or any other materials or documents widely viewed by others. In addition, documents, materials, or computer screens that display social security numbers or personal identifying information must be kept out of public view at all times.

5. Mailing or Faxing Documents

Documents containing social security numbers or other personal identifying information that must be sent through the mail must not be mailed on a postcard and must be mailed in a manner that does not reveal the number or information through the envelope window or without the envelope being opened.

If a social security number or personal identifying information must be faxed, the fax message must be accompanied by a transmittal sheet that includes a confidentiality notice.

C. Access to Social Security Numbers or Personal Identifying Information

Only the following individuals within the school system will have access to social security numbers or other personal identifying information:

1. school system personnel, including agents, contractors, and consultants, who require access to perform their jobs or otherwise to render services to the board; and

2. members of the board of education, when access is required to carry out the members’ duties and responsibilities.

Under no circumstances may any student have access to social security numbers or personal identifying information for other students or any school system personnel.

D. Storage and Disposal

All documents or files that contain social security numbers or personal identifying information must be stored in a physically secure manner. Social security numbers and personal identifying information must not be stored on computers or other electronic devices that are not secured against unauthorized access.

Documents or other materials that contain social security numbers or other personal identifying information must not be thrown away through usual trash disposal; they must be discarded or destroyed only in manner that protects their confidentiality, such as shredding.

Any disposal of documents must comply with the Records Retention and Disposition Schedule for Local Education Agencies.

E. Improper Collection, Disclosure, or Use

Any individual who suspects that improper collection, disclosure, or use of a social security number or personal identifying information has occurred shall inform the superintendent or designee.

In the event that a security breach occurs, the affected individual must be notified of the breach. The term “security breach” means an incident of unauthorized access to and acquisition of unencrypted, unredacted records or data containing personal information, when such access (1) results in or is reasonably likely to result in illegal use of the personal information or (2) creates a material risk of harm to the person. In addition, any incident of unauthorized access to and acquisition of encrypted records or data containing personal information, along with access to and acquisition of the confidential process or key, will also constitute a security breach. Good faith acquisition of personal information by an employee or agent of the school system for a legitimate business purpose is not considered a security breach, provided that the personal information is not used for a purpose other than a lawful purpose of the school system and is not subject to further unauthorized disclosure.

Notice of a security breach must comply with the provisions of G.S. 75-65, including the following:

1. Notice must be provided immediately upon discovery of the breach, unless a law enforcement agency informs school personnel that providing notice may impede a criminal investigation or jeopardize national or homeland security. Any request by a law enforcement agency to delay notice must be in writing; otherwise the school employee receiving the request must document the request in writing at the time it is made. The documentation must include the name and agency of the requesting officer.

2. The notice must be in writing and may also be done via telephone, provided that the phone contact is made directly with the affected person.

3. The notice must be clear and conspicuous.

4. The notice must include a general description of the security breach and a description of the type of information that was subject to the breach.

5. The notice must include a general description of the action taken by the school system to protect the personal information from further access.

6. The notice must direct the person to remain vigilant by reviewing his or her personal account statements and monitoring his or her credit reports.

7. The notice must include a school system telephone number that the person may call for further assistance, if such a number exists.

8. The notice must include toll-free numbers and addresses for the major consumer reporting agencies.

9. The notice must include toll-free numbers, addresses, and website addresses for the Federal Trade Commission and the N.C. Attorney General’s Office, along with a statement that the individual can obtain information from these sources about preventing identity theft.

Any individual who fails to comply with legal requirements, board policy, or these regulations will be subject to disciplinary action, up to and including suspension or expulsion for students and termination for employees and may also be subject to criminal prosecution. See Policy 4705/7825.

DRUG-FREE AND ALCOHOL-FREE WORKPLACE

The board of education recognizes that reducing drug and alcohol abuse in the workplace improves the safety, health, and productivity of employees. It is the policy of the board that a drug-free and alcohol- free workplace must be maintained.

Prohibited Activities

The board prohibits employees from possessing, using, selling, delivering, manufacturing, or being under the influence of any narcotic drug, hallucinogenic drug, amphetamine, barbiturate, marijuana, anabolic steroid, alcohol, stimulants, synthetic cannabinoids, counterfeit substance, or any other controlled substance as defined in (1) Schedules I through VI of the North Carolina Controlled Substances Act or in (2) Schedules I through V of section 202 of the Controlled Substances Act (21 U.S.C. 812) and further defined by regulation at 21 C.F.R. 1300.01 through 1300.04 and 21 C.F.R. 1308.11 through 1308.15 at any time this policy is applicable. Employees are prohibited from possessing, using, selling, delivering, manufacturing, or being under the influence of a substance containing more than the legal amount of tetrahydrocannabinol (THC) at any time this policy is applicable, regardless of whether it constitutes a controlled substance under state or federal law. Employees must not, at any time this policy is applicable, be impaired by the use of substances intended to induce exhilaration or euphoria or alter mood or behavior or be impaired by the excessive use of prescription or nonprescription drugs. Exuding the odor of alcohol or another illegal drug is considered a violation of this policy and could result in disciplinary action up to and including dismissal. This policy is not violated by an individual’s possession of or proper use of a drug lawfully prescribed for that individual by a licensed health-care provider.

Applicability

This policy governs each employee before, during, and after school hours while the employee is on any property owned or leased by the board; at any time during which the employee is acting in the course and scope of his or her employment with the board; and at any time that the employee’s violation of this policy has a direct and adverse effect upon his or her job performance. This policy does not apply to an employee’s consumption of alcoholic beverages that are served at a reception or other similar function that

occurs outside the regular workday and that the employee is authorized or required to attend as a part of his or her employment duties.

Independent contractors, volunteers, and visitors are subject to all requirements of this policy while on school property or at a school-sponsored event.

Reasonable Suspicion to Search

An employee may be subjected to a search of his or her person or belongings or of school property under the employee’s control if there is reasonable suspicion that the employee has violated this policy. An employee also may be required to submit to a drug or alcohol test when there is reasonable suspicion of drug or alcohol use by the employee in violation of this policy. Reasonable suspicion shall be based on specific, contemporaneous observations concerning the physical, behavioral, speech, and/or performance indicators of drug or alcohol use. The observations must be made by a supervisor or other school system official with training or experience in such indicators.

All drug and alcohol testing will be done with procedures that ensure the confidentiality and privacy interests of the employee and in accordance with law. Employees who refuse to submit to a search or a test to detect alcohol or drug use after reasonable suspicion is established may be suspended immediately pending consideration of a decision to terminate employment.

In addition, any employee, volunteer, or independent contractor who operates a commercial motor vehicle or performs other safety-sensitive functions in the course of duties for the board may be subject to drug and alcohol testing in accordance with policy 7241, Drug and Alcohol Testing of Commercial Motor Vehicle Operators. The board will cover the cost of any required employee testing.

Duty to Report

In accordance with policy 7300, Staff Responsibilities, an employee must notify his or her supervisor and the assistant superintendent of human resources in writing of any charge or conviction under any criminal drug statute for a violation occurring within the scope of Section B of this policy. Notification must be given no later than the next scheduled business day after such charge or conviction and before reporting to work. Within 10 days of receiving a notice of conviction by an employee whose position is funded in any part by a federal grant, the assistant superintendent of human resources or designee shall notify the funding agency of the conviction. “Conviction” as used in this policy includes the entry in a court of law or military tribunal of: (1) a plea of guilty, nolo contendere, no contest, or the equivalent; (2) a verdict or finding of guilty; or (3) a prayer for judgment continued (“PJC”) or a deferred prosecution.

Consequences

Violation of this policy will subject an individual to disciplinary action by the board that could result in nonrenewal or termination of employment with the school system or the requirement that the employee participate satisfactorily in a drug or alcohol abuse assistance or rehabilitation program approved by the board or federal, state, or local health, law enforcement, or other appropriate agency. Information concerning available counseling, rehabilitation, and re-entry programs will be provided to employees. Any illegal drug activity will be reported to law enforcement authorities. See Policy 7240.

DRUG AND ALCOHOL TESTING OF COMMERCIAL MOTOR VEHICLE OPERATORS

This policy applies to any driver, which for purposes of this policy is defined as any employee, volunteer, or independent contractor whose duties for the board of education require a commercial driver’s license under federal law. This includes anyone who regularly or intermittently drives a school bus, an activity bus, a vehicle designed to transport 16 or more people (including the driver), or any other vehicle that meets the definition of commercial motor vehicle under 49 C.F.R. 382.107. Employees who operate vehicles for inspection, service, or maintenance purposes are included in this definition.

Prohibited Acts

No driver may:

1. operate any school bus or school activity bus while consuming alcohol or while alcohol remains in the driver’s body, in violation of G.S. 20-138.2B;

3. use alcohol while performing safety-sensitive functions;

4. perform safety-sensitive functions within four hours after using alcohol;

5. use alcohol following an accident while operating a commercial motor vehicle;

6. report for or remain on duty requiring the performance of safety-sensitive functions when the driver uses any Schedule I drug or substance; or

7. report for or remain on duty requiring the performance of safety-sensitive functions when the driver uses any non-Schedule I drug or substance that is identified in the other federal schedules of controlled drugs, unless such use is pursuant to the instructions of a licensed medical practitioner who is familiar with the driver’s medical history and has advised the driver that use of the substance will not adversely affect the driver’s ability to safely operate a commercial motor vehicle.

Safety-sensitive functions include, but are not limited to, inspecting, servicing, or conditioning any commercial motor vehicle; operating any commercial motor vehicle; participating in or supervising the loading or unloading of a commercial motor vehicle; and repairing, obtaining assistance for, or remaining in attendance upon a disabled vehicle.

In addition, drivers and anyone who supervises drivers must not commit any act prohibited by federal law, including the federal regulation entitled “Controlled Substances and Alcohol Use and Testing” (49 C.F.R. pt. 382, hereinafter referred to as Part 382), or by policy 7240, Drug-Free and Alcohol-Free Workplace.

Testing

The Human Resources Department will carry out pre-employment, post-accident, random, reasonable suspicion, return-to-duty, and follow-up testing for drugs and alcohol as required by Part 382.

Federal regulations prohibit a driver who is tested under the provisions of this section and found to have an alcohol concentration of at least .02 from performing safety-sensitive functions for at least 24 hours following

administration of the test. Driverswho are tested under the provisions of this section and found to have any alcohol in their system are subject to additional discipline under this policy, including dismissal.

Employee and Applicant Inquiries

All employees subject to this policy, all employees who would become subject to this policy by virtue of a change or expansion of duties, and all applicants who would be subject to this policy if employed by the board must consent in writing to the release of any information gathered pursuant to Part 382 by any previous employers and must give written or electronic consent to any query by school officials of the federal Commercial Driver’s License Drug and Alcohol Clearinghouse (“Clearinghouse”).

1. Pre-Employment Inquiry

Before employing any applicant subject to this policy, school officials shall obtain, pursuant to the applicant’s written consent, all records maintained by the applicant’s previous employer regarding violations of Part 382 in the three years prior to the inquiry date. School officials shall also conduct a query of the Clearinghouse, pursuant to the applicant’s electronic consent submitted through the Clearinghouse, to obtain any information regarding the applicant’s violations of Part 382.

If school officials obtain information from the applicant’s previous employer or from the Clearinghouse that the applicant committed a violation of Part 382 and has not subsequently completed the return-to- duty process required under federal law, the applicant may be disqualified from employment.

2. Annual Query

School officials shall conduct a limited query of the Clearinghouse at least once per year for each employee subject to this policy, pursuant to the employee’s written or electronic consent, to determine whether information exists about the employee regarding violations of Part 382. If information exists about the employee, school officials shall obtain the information in the Clearinghouse within 24 hours of conducting the limited query, subject to the employee’s electronic consent submitted through the Clearinghouse.

Training and Education

Each driver and supervisory employee, including principals and assistant principals, must be provided with educational materials that inform the employees of drug testing procedures, prohibited acts, consequences, and other aspects of Part 382, this policy, and any accompanying administrative procedures. The information also will identify a school system employee who is responsible for providing information on substance abuse. Each employee must sign a statement certifying his or her receipt of these materials.

Each supervisor who is responsible for overseeing the performance of drivers, including principals and assistant principals, must undergo at least one hour of training concerning alcohol misuse and one additional hour of training concerning drug abuse.

Consequences

Employees who have committed a prohibited act; refused any test required by this policy; or otherwise violated

this policy, G.S. 20-138.2B, or Part 382 will be subject to disciplinary action, up to and including dismissal.

Any employee who has committed a violation of Part 382 will not be allowed to perform any safety- sensitive functions until the employee has completed the return-to-duty process, including an evaluation by a substance abuse professional, completion of any appropriate treatment designated by the substance abuse professional, and achievement of a negative return-to-duty test. Moreover, if the employee’s violation of Part 382 has been reported to the Clearinghouse, the employee may not resume safety- sensitive functions until a query of the Clearinghouse demonstrates that the employee completed the return-to-duty process. See Policy 7241.

SMOKING, TOBACCO, VAPING, AND E-CIGARETTES

Durham Public Schools is a tobacco-free environment that prohibits smoking and the use of tobacco products as described below. “Tobacco product” includes any product that contains or is made or derived from tobacco and is intended for human consumption, including all lighted and smokeless tobacco products, as well as electronic cigarettes, vaporizers, and other electronic smoking devices even if they do not contain tobacco or nicotine.

1. All employees and other persons performing services or activities on behalf of the school system, including volunteers and contractors, as well as students and visitors, are prohibited from using any tobacco products at any time in any school building, in any school facility, on school campuses, and in or on any other school property owned or operated by the school board.

2. In addition, persons attending a school-sponsored event at a location not specified in subsection 1 above are prohibited from using tobacco products when (a) in the presence of students or school personnel, or (b) in an area where use of tobacco products is otherwise prohibited by law.

3. Nothing in this policy prohibits the use of tobacco products for an instructional or research activity conducted in a school building, provided that such activity is conducted or supervised by a faculty member and that the activity does not include smoking, chewing, or otherwise ingesting tobacco.

4. The principal of each school and other school personnel responsible for school facilities shall post signs in system facilities in a manner and location that adequately notify staff, students, and visitors that the use of tobacco products by any person is prohibited at all times in or on school property.

5. The superintendent and designees shall ensure that adequate notice of this policy is provided to students, parents, school personnel, and the public.

6. All school personnel are required to adhere to and enforce this policy and other policies, rules, or regulations addressing the use of tobacco products. See Policy 5026/7250.

WEAPONS AND EXPLOSIVES PROHIBITED

The board of education is committed to providing a safe school environment that is free from violence, to the

maximum extent possible. Except as otherwise specified in this policy, employees, visitors, and other persons are prohibited from possessing, carrying, using, or threatening to use, or encouraging another person to possess, carry, use, or threaten to use, weapons or explosives on school property or while attending curricular or extracurricular activities sponsored by the school system. This policy applies to weapons or explosives carried openly or concealed. This policy does not apply to students. Student conduct related to weapons and explosives is governed by policy 4333, Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety.

Any employee who violates this policy will be subject to immediate termination. The superintendent or principal shall immediately report any violation of this policy to law enforcement officials. Any employee who is aware that a weapon or explosive is present on school property or at a school event in violation of this policy must immediately report this information to the principal or designee or the school resource officer, as appropriate.

Weapons and Explosives Defined

For purposes of this policy, a weapon includes, but is not limited to, any gun, rifle, pistol, or other firearm of any kind; any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slingshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors, and razor blades (except solely for personal shaving), or fireworks; any sharp-pointed or -edged instrument, except instructional supplies, unaltered nail files, and clips and tools used solely for the preparation of food, instruction, and/or maintenance on educational property. For purposes of this policy, an explosive includes, but is not limited to, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1.

School Property

For purposes of this policy, school property is any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by the board of education.

Certain exclusions apply. See Policy 5027/7275 for more information.

S

CHOOL SAFETY AND EMERGENCY PREPAREDNESS

Supervision of Students

Students must be reasonably supervised at all times while in the care and custody of the school system. This includes: during the school day (in class, between classes, at lunch, and recess); on the playground; on school buses; and during authorized school field trips.

Reasonable precautions must be taken to protect the safety of students on school grounds and buses before, during, and after school hours.

Students receiving service under policy 4260 (Student Sex Offenders) must be supervised by school personnel at all times while on school property.

School administrators are also expected to strictly enforce: policy 5015 (School Volunteers; and policy 5020 (Visitors to Schools).

Safety of School Buildings and Grounds

Principals are responsible for conducting regular inspections of school building, playgrounds, and equipment to

identify health, fire, and safety hazards as required by law. Any identified concerns must be reported immediately to the superintendent or designee.

In collaboration with DPS Building Services – Life Safety personnel, principals must ensure that: 1) all warning systems meet applicable building and equipment codes and are properly maintained; 2) safety signage is posted in areas with potential hazards or where precautions are necessary; 3) fire safety and emergency equipment are in proper working condition; 4) building security measures, including burglar alarms and access controls, are actively monitored and maintained.

All employees who observe any safety hazards must notify the principal or their direct supervisor immediately.

Responding to Student Altercations and Other Threats to Safety

All DPS employees are expected to remain alert and responsive to any situation that may pose a threat to the safety to students, staff, or visitors – whether on school property, at school events, or during school-sponsored activities

Employees not directly responsible for student supervision must still report any observed or suspected safety threats if no supervisory staff is present.

Employees responsible for supervising students (e.g., teachers, assistants, coaches) are expected to: 1) use appropriate behavior management techniques; 2) enforce the code of student conduct; 3) follow the school’s behavior management plan.

In situations involving immediate threats, staff must use professional judgment to protect all individuals in the areas. Depending on the severity of the situation, staff must: 1) request assistance immediately; 2) remove bystanders from the area; 3) give clear verbal directives to stop unsafe behavior; and 4) use only the minimum amount of physical control necessary to restore safety

If a student has a Behavior Intervention Plan (BIP), its emergency procedures must be followed when applicable. All staff should follow site-based and district-wide safety protocols to the fullest extent possible.

Preventive Procedures and Staff Training

Principals or their designees must develop site-specific procedures to prevent accidents and ensure safety across school buildings, buses, and grounds.

Staff training must include emergency response procedures and protocols, recognition of behavioral or environmental indicators of potential safety threats, and strategies for responding to various emergency scenarios.

School personnel must also teach students fire and emergency safety protocols, proper handling of chemicals and potentially hazardous equipment, and appropriate responses to safety threats.

Middle and high school students must also be informed of the anonymous safety tip line, including its purpose and how to use it.

Monitoring Registered Sex Offenders

School principals must register with the North Caroling Sex Offender and Public Protection Registry to receive email alerts when a registered sex offender moves within a one-mile radius of their school. See Policy 1510/4200/7270.

School Risk Management and Emergency Drills

Each DPS school is responsible for maintaining its School Risk Management Plan in accordance with North Carolina law. These plans are developed in coordination with local law enforcement and emergency management agencies and are designed to address incidents of school violence and other critical threats.

Each school must conduct at least one school-wide drill annually that aligns with its risk management plan, hold regular fire drills as required by state law, and train all staff on the emergency procedures and risk mitigation strategies outlined in the plan.

DPS Lockdown Procedures

The DPS lockdown plan complies with NC 404.2.3. and is mandatory across all DPS schools. Principals are required to ensure full implementation of the plan and training of all school staff.

Non-compliance may result in administrative action by DPS or the Durham County Fire Marshal’s Office.

Training and compliance oversight are coordinated by DPS Safety & Security and Emergency Management, in partnership with local public safety agencies.

Protective Actions Defined

SECURE (non-imminent threat)

Definition: Used when a potential threat is present in the surrounding community (e.g., nearby law enforcement activity)

Response actions:

• Bring all students and staff inside

• Lock all exterior doors

• Continue instruction as normal within the building

LOCKDOWN (imminent threat)

Definition: Used when there is a direct and immediate threat to the school (e.g., active assailant on campus).

Response Actions:

• Secure and lock classroom doors

• Cover windows and turn off lights

• Move individuals away from doors and windows; stay silent and out of sight

• Silence all mobile phone and electronic devices

• Do NOT open doors under any circumstances – even during a fire alarm – unless there is visible smoke or fire

• Account for all individuals using rosters and report any discrepancies to the principal or designee (central location)

DPS LEADERSHIP

BOARD OF EDUCATION

Durham Public School's Board of Education consists of seven non-partisan members. One member is elected at-large, four are elected from specific districts, and two are elected from consolidated districts. Board members serve four-year staggered terms.

The DPS BOE elects a chairperson and vice-chairperson to serve one-year terms. The superintendent of schools acts as an ex officio member of the board and serves as secretary to the board.

For questions about the Board or any upcoming meetings, contact Nicole Smith, Executive Assistant, at 919-560-2502 or Nicole.Smith@dpsnc.net Contact the Board of Education directly by emailing BOE@dpsnc.net.

Board Directory

Click here to access the directory of Board Members.

SUPERINTENDENT’S CABINET

Please click here to access the Office of the Superintendent.

Name Phone/Fax Office Support

Dr. Anthony Lewis, Superintendent 919-560-3749 / 919-560-2422

Dr.NicholasKing, DeputySuperintendent 919-560-3874 / 919-560-2180

Dr. Tanya Giovanni, Esq., Deputy Superintendent, Administrative, Legal, and Compliance Services 919-560-3424 Ext.21545

Kenneth Barnes, ChiefOperatingOfficer 919-560-3831 Ext.29250

Luvenia Foster, Executive Assistant, Ext. 21749

Quanita Avery, Administrative Assistant, Ext. 21023

Estefania Kanyinda, Admin. Asst./Workers’ Comp Analyst, 919-5603701, Ext. 29408

Stefanie Wagoner, Operations Support BusinessManager, Ext. 29226

Kimberly Hager, Assistant Superintendent, Human Resources 919-560-2353 / 919-560-3823

Jeremy Teetor, ChiefFinancialOfficer 919-560-3917 Ext 21048

SheenaCooper, Chief Communications Officer 919-560-2602 Ext 21607

Dr. Deborah Polen-Pitman, Assistant Superintendent, Specialized Services 919-560-2554 Ext. 21554

All email addresses are: firstname_lastname@dpsnc.net

DPS DEPARTMENTS

HUMAN RESOURCES

Ryan Hubbard, Administrative Assistant, Ext. 21548

Denise Johnson-Moore, Administrative Assistant, Ext. 21664

Wanda Carrington, Executive Assistant, Ext.21309

Nikkeya Murchison, Administrative Assistant,Ext.21640

The Human Resources Department prides itself on its customer service and providing timely and accurate information to all employees. Our major functions are as follows:

Recruitment & Staffing

• Responsible for recruitment/selection/hiring - getting the right person in the right position for each and every DPS position.

• Work to increase retention; reduce turnover; increase market competitiveness for staff compensation.

• Collaborate with Finance, schools and departments on annual allotment/staffing processes to maximize funding & personnel.

• Bring personnel reports for approval/information for each Board work session and full Board meeting. Meet in closed session to review recommendations/seek approvals.

Employee Relations

• Responsible for all employee performance and conduct related matters related to board policy issues. This includes investigations, evaluation process management, employee complaints, and any other matters concerning employee rights and responsibilities.

• Collaborate and meet with employees to resolve employee issues.

• Align policies, procedures, and practices with state and federal guidelines, and with our district’s values.

Employee Benefits/Leave Administration

• Responsible for carrying out all employee benefits programs, working with the State Health Plan, and collaborating with third-party vendors who administer our voluntary and flexible benefits programs (Mark III).

• Handle all employee leave of absences (maternity leave; educational leave; FMLA; medical leaves; short and long term disability; etc.).

Licensure

• Responsible for credentials/licensure verification for all certified employees.

• Work with NCDPI on all teacher licensure issues.

• Communicate with employees about their licensure status; progress; and assisting with licensure completion.

Retirements/Separations

• Work with NC state retirement system to process all retirement requests.

• Process all resignations; send acknowledgement letters; ensure all required documents are sent to the new employer, if applicable.

Employee Verifications

Process thousands of requests per year for employment verifications, such as mortgage and rental applications; loan forgiveness documents; auto loans; child support; social services; transfer of state and leave balances; wage loss; teacher experience; etc.

Please see the HR Assignment Chart and the HR Directory.

DPS SAFETY & SECURITY AND EMERGENCY MANAGEMENT

DPS Safety & Security and Emergency Management is responsible for planning, coordinating, and implementing measures to ensure the safety and security of all Durham Public Schools (DPS) facilities, including schools and central office locations.

The team oversees district-wide safety initiatives and serves as the primary liaison with law enforcement and emergency response agencies. Areas of responsibility include the management of district cameras and security equipment. DPS Safety & Security works in collaboration with DPS Building Services – Life Safety in the management of district burglar alarms, door access systems, and vulnerability assessments.

Additionally, the office supports the development and execution of plans, policies, and procedures to strengthen emergency preparedness across the district.

Office Location:

1817 Hamlin Road, Rooms 114 & 118–124 Durham, NC 27704

Phone: 919-560-3607

Fax: 919-560-2693

THE OFFICE OF PUBLIC AFFAIRS

ahinton@durhamsheriff.or g

The Durham Public Schools Office of Public Affairs (OPA) is dedicated to sharing the stories, successes, and spirit of our schools, students, and staff. Through strategic communications, media engagement, and community partnerships, we ensure that our families, educators, and the broader Durham community stay informed, inspired, and connected. The OPA supports district schools and departments through strategic media relations, storytelling, digital and social media engagement, crisis communications, brand management, marketing, and community and stakeholder engagement. The office is located at the Fuller Building, 511 Cleveland St., Suite 201, Durham, NC 27701.

ACADEMIC AND LEADERSHIP SERVICES

The primary focus of the Office of Academic and Leadership Services is to improve student outcomes through collaborative leadership and execution in the development, achievement and enhancement of educational programs and related services.

The Office of the Deputy Superintendent facilitates the implementation of the Strategic Plan, oversees the Superintendent's Teacher Advisory Council and Superintendent's Student Advisory Council.

The Office of Academic and Leadership Services includes the following Departments:

• Specialized Services

• School Support & Continuous Improvement

• Student Support Services

• Curriculum & Instruction

• Exceptional Children’s Services

• Research & Accountability

• Information Technology

INFORMATION TECHNOLOGY (IT)

The Durham Public Schools (DPS) Information Technology Department is dedicated to supporting the academic success of over 31,000 students and 5,000 staff members across 60 sites in our 1:1 district. Our department is a diverse group of professionals, including our leadership team, support technicians, warehouse technicians, network engineers, system administrators, AV specialists, and database administrators. Together, we ensure the smooth operation of a robust IT infrastructure designed to empower teaching, learning, and operational efficiency.

DPS IT Support Center

The DPS IT Support Center is the first and single point of contact for technology support for all DPS students, parents/guardians, faculty, and staff. There are THREE ways to contact us:

1. The BEST method – Visit itsupport.dpsnc.net

• Portal submission allows for all information to be captured and quick tracking of all ticket updates

• Email ITSupport@dpsnc.net

• Include subject of issue and description of issue in the body of the email

• DO NOT COPY OTHERS ON EMAILS TO ITSUPPORT@DPSNC.NET

• Call 919-560-3837

• Monday – Friday 7AM to 5PM (summer hours may vary)

• If no answer, leave a message for a DPS IT Technician to return your call.

Ticket SLA Times

A DPS IT Support Technician will review your request and provide an initial response within 8 business hours. Resolution is typically completed within 40 business hours, depending on the issue's complexity.

Please note: After three unsuccessful contact attempts, tickets will automatically be closed.

Quick Tip: Resetting Your DPS Password

Need to reset your DPS password? The fastest and easiest way is to use the DPS Password Reset Portal. Simply click the link to securely update your password at any time: https://aka.ms/sspr/?whr=dpsnc.net

DPS Password Requirements:

• Must be at least 8 characters long

• Must include:

o Uppercase letters (A-Z)

o Lowercase letters (a-z)

o Numbers (0-9) OR

o Special characters (!@#$%^&*()+|~-=`{}[]:";'<>?,./)

Technology Issue Escalation Guidelines

Most technology-related issues can be resolved through our standard support processes. However, there may be situations where escalation is necessary to ensure timely resolution and minimal disruption to operations. Employees are encouraged to escalate a ticket when any of the following conditions apply:

• A critical system or service is down, affecting multiple users or entire school operations (e.g., network outage, phone system failure).

• There is an urgent cybersecurity concern, such as a suspected data breach, phishing attack, or compromised account.

• The issue remains unresolved beyond the standard response time, and it significantly impacts your ability to perform your duties.

• The problem has been reported multiple times without resolution

• The issue may disrupt a major event, testing window, or other time-sensitive activity.

In such cases, employees should contact a member of the DPS IT Leadership Team:

• Angela Atkinson, Director of IT Support

• Ajeesh Cherin, Director of IT Operations

• Paul Mijumbi, Executive Director of IT

EXCEPTIONAL CHILDREN’S SERVICES DEPARTMENT

The focus of the Durham Public Schools’ Exceptional Children’s Department is to ensure all school and district staff understand and implement requirements of the Individuals with Disabilities Education Act (IDEA):

• Free Appropriate Public Education (FAPE)

• Appropriate Evaluation

• Individualized Education Program (IEP)

• Least Restrictive Environment (LRE)

• Parent & Student Participation

• Procedural Safeguards

Our exceptional children’s teachers and support staff are here to serve our students and families. We are committed to providing individualized, high quality instruction and services to every eligible child. We know that children with disabilities require intensified, strategic instruction tailored to their unique needs, and our special education teachers and related service providers design instructional programs and services for each eligible child through the individualized Education Program (IEP) process.

The IEP contains information about the child’s strengths and needs, along with specific goals and objectives designed to target the child’s unique needs. Additionally, the IEP spells out specific supplementary aids and services, transition supports (as appropriate), and district and statewide testing accommodations. The IEP team is comprised of the parent, the student (required invitation at age 14 and older), the student’s special education teacher, one of the student’s general education teachers and a representative of the district (LEA representative). Additional members may include other individuals who have knowledge or special expertise regarding the child.

EC Directory

Name

Dr. Kristin Bell

Tammy Knudsen

Krista Saunders

Kenneth Hill

Wendy Vavrousek

Title

Executive Director

Email (@dpsnc.net)

Kristin_bell

EC Administrative Assistant Tammy_knudsen

EC Director Special Programs/Behavior Support

EC Director Secondary Schools

Krista_aunders

Kenneth_hill

EC Director Elementary Schools Wendy_vavrousek

INTERNAL SERVICES (WAREHOUSE AND DISTRIBUTION)

Warehouse Services oversee pick-up and delivery of supplies to Durham Public Schools and Departments, including interoffice mail, surplus furniture and equipment, loan furniture for district events, and moving teachers and departments as needed. Warehouse Services is located at 1817 Hamlin Road Durham NC 27704 Phone: (919) 560-3833.

Schools and departments should complete a workorder request and email an IS-04 Transfer/Deletion Form to the Director or Warehouse Supervisor to initiate the surplus process.

For purchase order or supply order processes through the Warehouse, the orders should be entered into the Sylogist system by the school or department personnel with proper approval.

Departments wishing to purchase new furniture should contact the Internal Services Department directly.

The 2-page Internal Services Brochure can be viewed here

The more extensive Internal Services Handbook and Catalog, including a directory, can be viewed here

Warehouse Directory

Anthony “Tony” Leak Director

Ontray Johnson Supervisor

Carrie Johnson Administrative Assistant

Kenneth Blanding

Michael Calloway

Shaff Johnson

DeMario Pierce

Kenric Singleton

William Tant

Warehouse Technician