CCSD Board Policies And Administrative Rules Revision ... 2... · employee based upon...

CCSD Board Policies

And

Administrative Rules

Revision/Codification Process

Section “G”

Cobb County School District A community with a passion for learning!

Policy Development

Proposed Revisions to Board Policy Manual – Section “G” Again, the majority of the changes proposed for Section “G” only include name and/or code changes. However, there are ten current Administrative Rules that are being moved to Board Policy as mandated by state statute and/or Georgia School Board policy. In addition, there is one mandated Board Policy created that had no existing Administrative Rule. All of the changes, (includes limited conforming changes) are outlined in the Index of Proposed Revisions. As with previous notebooks, ‘old’ policies and rules that have only name/code changes have not been included in the packet but are available upon request.

Index of Proposed Revisions

Revised Section “G”

Revised ‘Other’

Sections

Current Section

“G”

Cobb County School District A community with a passion for learning!

Policy Development

Index of Proposed Revisions Section “G”

New

Codification Current

Codification Changes/Comments

Policy GAA Personnel Goals and

Objectives

Board Policy GA Personnel Goals/Priority

Objectives

• Code change • Name change • Includes changes in wording to better include all staff

members

Admin Rule GAAA-R

Equal Opportunity Employment

*Admin Rule GBA Equal Employment

Opportunity

• Policy GAAA created in May 2012 • Admin Rule GBA will become GAAA-R • Mandated by 34 CFR 104.7 – Section 504, 34 CFR

100.7(c) - Title VI, 34 CFR 106.8 – Title IX, 29 CFR 1691.5 – ADA employment

Policy GAD Professional

Learning Opportunities

*Admin Rule GCI Professional Staff

Development

• Code change • Name change • Mandated by State Board of Education Rules 160-3-

3-.04 (2)(a) and 160-5-1-.02(2)(l)(i)

Policy GAE Complaints and Grievances and accompanying Admin Rule GAE(2)-R

Complaints and Grievances, Certified

Employees

*Admin Rule GBK Concerns, Complaints and

Grievances: Certified

• Split current Admin Rule in to a Policy and accompanying Rule

• Code change • Name change • Mandated by O.C.G.A. § 20-2-989.5(b)

Admin Rule GAE(3)-R

Complaints and Grievances, Noncertified Employees

*Admin Rule GBKA Concerns, Complaints and

Grievances: Classified

• Code change • Name change • Accompanying rule to Policy GAE

Admin Rule

GAEA-R Staff Protection

*Admin Rule GAGC Whistleblower

• Code change • Name change

Policy GAEB

Harassment and accompanying Admin Rule

GAEB-R Harassment

*Admin Rule GBAA Sexual Harassment



New Codification

Current Codification

Changes/Comments

Admin Rule GAGC-R

Employee Ethics

*Admin Rule GBEA Staff Ethics


Policy GAHA

Staff Participation in Community

Activities and accompanying Admin Rule

GAHA-R Staff Participation in

Community Activities

*Admin Rule GBHA Employee Fund Drives



Policy GAK(1)

Criminal Background Check

New • Mandated by O.C.G.A. §20-2-211.1(c)

Policy GAKA

Reduction in Force and accompanying

Admin Rule GAKA-R

Reduction in Force

*Admin Rule GCQA Reduction in Force


• Code change • Recommended in accordance with O.C.G.A. § 20-2-

940

Policy GAMA

Drug-Free Workplace and accompanying Admin Rule GAMA-R Drug-Free Workplace

*Admin Rule GBEC Drug-Free Workplace


• Code change • Mandated by41 U.S.C. § 701; O.C.G.A. §§ 45-23-8;

State Board of Education Rule 160-5-3-.15

Policy GANA Infectious Diseases

Admin Rule GBGAA Employees and Infectious

Diseases

• Code change • Name change • Additional language included as part of change to

Policy • Mandated by State Board of Education Rule 160-1-

3-.03(2)(j)

Admin Rule GAO-R Employee

Resignations

*Admin Rule GCQC Resignation of

Professional Staff

• Code change • Name change •

Admin Rule

GARA-R Employee Health

Examination/Driving Record

*Admin Rule GBAC Health

Examination/Driving Record


New Codification


Changes/Comments

Policy GARC Employee

Recruitment and accompanying Admin Rule

GARC-R Employee

Recruitment

Admin Rule GCE Recruitment of Personnel


• Code change • Name change • Mandated by O.C.G.A. § 20-2-211(d)

Policy GARD

Employee Hiring

Admin Rule GBD Hiring

• Code change • Name change • Change from Admin Rule to Policy • Deletion of rationale not needed in Policy

Admin Rule

GARE-R Employee

Assignment

*Admin Rule GBN Employee

Assignment/Reassignment


Admin Rule

GARF-R Employee Transfer

*Admin Rule GBNA Employee Transfer

• Code change

Admin Rule

GARH-R Leaves and Absences

Admin Rule GCC Short-Term/Long-Term Leaves and Absences

• Code change • Name change • Correction on calculation of advanced leave

*Admin Rule GBEBD Staff Attendance

• Combine with Leaves and Absences (GARH-R)

Policy CEI Superintendent Evaluation and

Admin Rule GARI-R

Employee Evaluation

Admin Rule GCO Evaluation of Employees

• Split current Admin Rule in to a specific Policy in Section C and Rule that remains in Section G


Admin Rule

GARK-R Vacations

*Admin Rule GCD Vacations

• Code change

Policy GBA

Compensation Guides and Contracts

and accompanying Admin Rule GBA-R

Compensation Guides and Contracts

*Admin Rule GBC Staff Compensation


• Code change • Name change • Mandated by State Board of Education Rule 160-5-

2-.05(2)(c)

New Codification


Changes/Comments

Admin Rule GBB-R Professional

Personnel Positions

*Admin Rule GBO Job Descriptions


Admin Rule

GBBA-R Personnel

Qualifications and Duties

*Admin Rule GCFC Personnel/Qualifications

and Duties

• Code change

Admin Rule GBK-R

Professional Personnel Suspension

*Admin Rule GCQF Discipline, Suspension, and Dismissal of Staff


Policy GBRC Professional

Personnel Work Loads

*Admin Rule GCL Work Day/Week

• Code change • Name change • Mandated by State Board of Education Rule 1660-5-

1-.02(2)(l)

Admin Rule GBRG-R

Non-School Employment

*Admin Rule GBCD Dual Pay


Admin Rule GBRGB-R

Tutoring for Pay

*Admin Rule GCRD Tutoring for Pay

• Code change

Policy GBRIB(1)

Catastrophic Illness Leave Bank and accompanying Admin Rule GBRIB(1)-R

Catastrophic Illness Leave Bank

*Admin Rule GCCAG Catastrophic Illness Leave

Bank


• Code change • Name change • Mandated by O.C.G.A. §20-2-850(c)

Policy GBRIG

Federal Family and Medical Leave Act and accompanying

Admin Rule GBRIG-R

Federal Family and Medical Leave Act

*Admin Rule GCCAC Family Medical Leave


• Code change • Name change • Mandated by 29 C.F.R. §§ 825.300, 825.301

Admin Rule GBRJ-R

Arrangement for Substitutes

*Admin Rule GCG Substitutes/Supply

Teachers


New Codification


Changes/Comments

Admin Rule GBRL-R

Employee Dress Code

*Admin Rule GBEBA Employee Dress Code

• Code change

Admin Rule GCRA(1)-R

Drug Screening

*Admin Rule GBECA Alcohol and Controlled

Substance Testing


Admin Rule GCRD-R

Classified Personnel Overtime Pay

*Admin Rule GBCB Staff Compensation:

Overtime/Compensatory Time


Admin Rule AFC-R

Emergency Closing

*Admin Rule GBCC Reporting to/Release from

Work on Inclement Weather Days

• Code change • Name change • Section change

Admin Rule

ECI-R Communications

System

*Admin Rule GBDA Communications System: District’s Inter and Intra

Communications

• Code change • Name change • Section change

Admin Rule

EGAA-R Workers’

Compensation

*Admin Rule GBGD Worker’s Compensation

• Code change • Section change

*Copies are not included in packet. Any changes made are code changes, name changes, office titles, or changes that have already been presented in previous packets.



Revised ‘Other’

Sections

Current Section

“G”

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BOARD OF EDUCATION POLICY

GAA Personnel Goals and Objectives ?/?/12 The Cobb County Board of Education (Board) recognizes that it requires each employee and the job he/she performs each day for the Cobb County School District (District) to operate effectively, safely and efficiently. Specifically, the Board acknowledges the following:

• All staff of the Cobb County School District (District) are essential link between curriculum and student achievement;

• A positive relationship between teacher and student is key to the student’s success in school, including academic achievement, and his/her pursuit of future learning;

• The support of all professional, paraprofessional, and classified staff members is essential for the smooth operation of individual schools and the District and is likewise important to students’ academic, intellectual, social, psychological and ethical development.

Therefore, the Board expects the Superintendent to develop personnel rules and guidelines which provide for the non-discriminatory fair, dignified, consistent, clear, and professional treatment of all employees (Board Policy SD-4 [Treatment of Staff]) which create a work environment that enables the District to recruit, employ and retain a qualified staff committed to:

• Providing excellence in education through meeting the needs of all students, ensuring that

every student is encouraged to reach his/her potential, and providing for continuous improvement in curriculum, instruction and learning.

• Providing and maintaining efficient and effective support necessary to meet the operational needs of individual schools and the District.

Finally, the Board recognizes the impact its decisions regarding Policy, Rules, District planning, budget, goals and objectives have on the delivery of instruction by teachers, the instructional environment in the school, and the level of support other employees are able to contribute to the delivery of instruction. Adopted: 10/18/07 Revised and recoded: ?/?/12 (Previously coded as Board Policy GA)

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DISTRICT ADMINISTRATIVE RULE

GAAA-R Equal Opportunity Employment ?/?/12 RATIONALE/OBJECTIVE:

The Cobb County School District (District) is an equal opportunity employer, and does not consider any legally-protected status in its employment actions regarding applicants and employees. The District will not tolerate harassment, discrimination or retaliation against any employee based upon legally-protected status. The District is committed to hiring, promoting, and retaining the best qualified persons for all positions; and will provide equal access, opportunity, and respectful treatment in all aspects of the employment process.

RULE:

A. GENERAL PROVISIONS: 1. It is the District’s Rule that all personnel whose responsibilities include recruitment,

hiring and selection, compensation, retention, promotion, training and development opportunities, work assignments, performance management, discipline, reduction in force, discharge, or non-renewal will regularly assure that equal employment opportunities are being afforded.

2. The District will select employees according to the requirements of the job. Selection or rejection will be based on the ability of the individual to perform the essential functions of a job, consistent with valid safety requirements. Employment decisions will be free from consideration based on race, color, religion, national origin, gender (including pregnancy and sexual harassment), age disability, military status, or retaliation.

3. Requests for accommodation based on an individual’s religion or disability should be forwarded to the Professional Standards and Ethics Office in Human Resources Division for consideration.

4. Employment advertisements and recruitment information shall contain assurances of equal employment opportunity and shall comply with federal and state laws regarding discrimination.

5. The District is committed to equal employment opportunity in all personnel actions and seeks to provide a harmonious and respectful work environment for all employees. In furtherance of this commitment the District will, from time to time but at least every three years, conduct diversity and equal employment opportunity workshops which will be open to all employees.

B. PROCEDURES: 1. Employees who feel they have been discriminated against should contact the Professional

Standards and Ethics Office, Human Resources Division to report their complaints. 2. Discrimination or harassment based on a protected category is grounds for disciplinary

action, up to and including termination (Administrative Rule GBK-R [Professional Personnel Suspension]).

3. Investigations: a. Employees are required to cooperate in discrimination complaint investigations. b. To protect the integrity of Equal Employment Opportunity investigations, the presence

of third parties during interviews is limited to non-attorneys and non-employees. 4. It is a violation of law and District Policy (Board Policy SD-4 [Treatment of Staff]) to

retaliate against an employee who files a discrimination complaint, participates as a witness, or seeks ADA-based (Americans with Disabilities Act) reasonable accommodation.

5. When notified of a discrimination complaint, all individuals with pertinent records, regardless of the format (electronic or non-electronic), should take immediate steps to preserve the information.

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6. Consistent with the District’s inclusive employment philosophy, all employees are expected to avoid engaging in conduct including but not limited to the following examples (contact the Professional Standards and Ethics Office if there are questions): a. Teasing and unkind “jokes", insults, or degrading remarks about an individual’s

personal characteristics; or b. Placement or display of offensive or derogatory visual items.

7. All employees, including new hires, will have access to this Rule which shall also be posted on the District’s Website.

8. Administrators and department heads are responsible for insuring that the federal equal employment opportunity postings are displayed on bulletin boards at every District facility.

9. This Administrative Rule is not intended to be read as an expansion of any existing Federal or State law.

C. APPLICATIONS FOR EMPLOYMENT: 1. All applicants with an active, complete application will be given consideration for

employment. Each application will be maintained on active file for one (1) year from the date of its receipt by Human Resources Division.

2. Applications on file for more than one (1) year shall not be considered and such applicants shall not be eligible for employment unless a new application is tendered.

3. No applicant may be considered for any position, including promotion, without a current and complete application in the active file, regardless of past employment status with the District.

D. EMPLOYMENT PRACTICES: To the extent possible, all applicants deemed equally qualified will receive equal treatment and consideration. 1. All employees involved in the hiring process will endeavor to apply employment practices

consistently and with uniformity, including practices relating to assessment of applications and interviewing.

2. The hiring manager at each worksite or school should provide written notice of its employment decisions to all interviewed applicants as soon as practicable.

3. All employees will be compensated equally on the basis of job classification, experience, training and ability.

4. Promotions of employees will be on the basis of qualifications and work record. 5. Appropriate vacancy lists will be available at all worksites. Position requirements and skills

should be available at all worksites.

Adopted: 1976 Reviewed: 8/10/77 Revised: 9/23/82; 5/26/83; 8/8/84 Reviewed: 6/19/86 Reclassified an Administrative Rule: 9/1/04 Revised: 8/9/95; 8/14/98; 1/13/99; 2/22/01; 11/14/07; 1/13/10; 3/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBA) Legal Reference O.C.G.A. 34-06A-0002 Equal Employment for persons with disabilities-Definitions O.C.G.A. 34-06A-0003 Inquiries by employer as to existence of disability; employment decisions based on disability O.C.G.A. 34-06A-0004 Prohibited discriminatory activities O.C.G.A. 34-06A-0005 Retaliation by employers against employees; labor organization members O.C.G.A. 34-06A-0006 Actions against persons engaged in unfair employment practices; remedies, court costs, and attorney's fees O.C.G.A. 45-19-0029 Fair Employment Practices Act of 1978-Unlawful practices generally O.C.G.A. 45-19-0031 Unlawful practices in advertisement of employment O.C.G.A. 45-01-0004 Whistleblower O.C.G.A. 20-02-0211.1 Clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 30-01-0001 "Deaf person" defined O.C.G.A. 34-01-0002 Age discrimination in employment prohibited O.C.G.A. 34-05-0001 Discriminatory wage practices based on sex; (comp worth) 34 CFR 104.7 Section 504 - Designation of responsible employee and adoption of grievance procedures 34 CFR 100.7(c) Title VI - Conduct of investigations

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29 CFR 1691.5 Agency processing of complaints of employment discrimination - ADA 34 CFR 106.8 Title IX - Designation of responsible employee and adoption of grievance procedures for sex discrimination 42 USC 2000d 1964 Civil Rights Act 20 USC 1703 Denial of equal educational opportunity prohibited 29 USC 631 Age limits 29 USC 623 Age Discrimination Act of 1967 42 USC 12101 Americans with Disabilities Act of 1990 29 USC 705 Rehabilitation Act of 1972 20 USC 1681 Title IX of the Education Amendments of 1972

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GAD Professional Learning Opportunities ?/?/12 The Board of Education (Board) and the Cobb County School District (District) acknowledge the importance of continuous learning experiences and staff training as an essential factor in the successful operation and progress of the District. The purpose of professional learning activities is to enhance the professional capabilities of staff members and to provide educational services to the students of Cobb County. In line with this recognition, the District shall comply with the requirements of Georgia Board of Education Rule 160-3-3-.04 regarding the following:

COORDINATOR:

The Superintendent or designee shall designate a person to: 1. Coordinate the professional learning program for the District; and 2. Develop the annual comprehensive school improvement/professional learning unit plan for

this program.

ANNUAL COMPREHENSIVE SCHOOL IMPROVEMENT/PROFESSIONAL LEARNING UNIT PLAN (PLAN):

1. Contents: The coordinator should prepare and implement the Plan for professional learning to: a. Address individual and instructional program needs; b. Comply with criteria established by the Georgia Department of Education (Georgia

Board of Education Rule 160-3-3-.10) 2. Approval:

The plan shall be annually submitted for adoption by the Cobb County Board of Education as part of the District’s consolidated application.

3. Implementations: The Superintendent, Coordinator and designated staff shall be responsible for implementation of the system-level Plan.

ADVISORY COMMITTEE: An advisory committee shall be selected by the person in charge of coordinating the professional learning program to assure the activities provided meet the assessed individual and program needs of the District.

Adopted: 10/25/73 Revised: 5/8/74 Reviewed: 7/74; 8/13/75; 7/28/77 Revised: 8/10/77 Revised: 9/23/82; 5/26/83; 8/8/84; 9/12/85 Reviewed: 6/19/86 Revised: 9/25/86; 5/25/89; 1/10/90; 3/28/96 Reclassified an Administrative Rule: 9/1/04 Revised: 1/13/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCI) Legal Reference O.C.G.A. 20-02-0252 Electronic Technology O.C.G.A. 20-02-0213 Career Ladder Programs O.C.G.A. 20-02-0213 Pay-for-performance for rewarding group activity O.C.G.A. 20-02-0161 QBE formula/program weights O.C.G.A. 20-02-0162 Annual recalculation of funding; mid-term adjustment O.C.G.A. 20-02-0167 Funding for direct instructional, media center and staff development costs; submission of budget

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O.C.G.A. 20-02-0182 Program weights to reflect funds for payment of salaries and benefits O.C.G.A. 20-02-0200 Regulation by Professional Standards Commission (PSC); certification requirements; effect of unsatisfactory evaluation O.C.G.A. 20-02-0201 Specific course requirements; in-service/continuing education O.C.G.A. 20-02-0210 Annual performance evaluation of all school personnel O.C.G.A. 20-02-0217 Professional and staff development stipends O.C.G.A. 20-02-0230 New board member orientation to educational program objectives required O.C.G.A. 20-02-0232 Development of staff development plan Rule 160-3-3-.04 Professional Learning Rule 160-3-3-.10 Professional Learning Unit(PLU) Program Approval Rule 160-4-9-.03 Statewide Vocational Staff Development Eligibility Rule 160-5-1-.02 School Day and School Year for Students and Employees Rule 160-5-6-.01 Statewide School Nutritional Program

Page 1 of 1


GAE Complaints and Grievances ?/?/12 In accordance with O.C.G.A. § 20-2-989.5, et seq., the Cobb County Board of Education (Board) recognizes that personnel shall have the right to present and resolve complaints relating to certain matters affecting the employment relationship at the lowest organizational level possible. The Board encourages all employees to resolve their complaints informally in a spirit of collegiality where possible. This policy and accompanying rules are available where such efforts do not succeed, or where, for any other reason, the employee desires to pursue this procedure. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0989.6 Complaints - Definitions O.C.G.A. 20-02-0989.7 Complaints - Performance Ratings/Evaluations O.C.G.A. 20-02-0989.8 Complaints - Policy O.C.G.A. 20-02-0989.9 Complaints - Supplemental rules and policies O.C.G.A. 45-01-0004 Whistleblower O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) O.C.G.A. 20-02-0989.5 Complaints policy; legislative intent Rule 160-1-3-.04 School Law Tribunals and Appeals

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GAE(2)-R Complaints and Greivances, Certified Employees ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) believes that clearly stated procedures for employees will make it easier to resolve concerns, complaints and grievances (Complaints) that may arise between employees and/or supervisors. RULE: A. PURPOSE/INFORMAL RESOLUTION PREFERRED:

The goal of this Rule is to resolve problems and disputes in employment relationships at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the community may be better served. The District encourages all employees to resolve their Complaints informally in a spirit of collegiality where possible. This Rule is available where such efforts do not succeed, or, where for other reasons, the employee desires to pursue this procedure.

B. DEFINITIONS: 1. Administrator:

The individual at each level designated by the District to preside over and make decisions with respect to employee Complaints.

2. Complainant: The employee who files a Complaint pursuant to this Rule.

3. Complaint: Any claim by a District employee which is filed pursuant to and within the scope of this Rule.

4. Level I Hearing Administrator: The Principal of the school or supervisor of the department/division in which the Complainant is assigned.

5. Level II Hearing Administrator: The Superintendent or designee.

6. Level III Hearing Officer: The District may appoint an attorney to serve as the law officer who shall rule on issues of law and other objections, but such attorney shall not participate in the presentation of the case for either party.

C. SCOPE OF COMPLAINT/EXCLUSIONS:

1. Scope: Unless excluded by Section C of this Rule, this Complaint procedure is applicable to any claim by an employee who is affected in his/her employment relationship by an alleged violation, misinterpretation, or misapplication of statutes, policies, Rules, regulations, or written agreements of the District with which the District is required to comply.

2. Exclusions: This Rule shall not apply to: a. Performance ratings contained in personnel evaluations and professional development

plans pursuant to O.C.G.A. § 20-2-210; performance ratings and personnel evaluations for all employees not covered by O.C.G.A. § 20-2-210 (Administrative Rule GARI-R [Employee Evaluation]);

b. Job performance; c. Termination, non-renewal, demotion, suspension, or reprimand of any employee;

Page 2 of 5

d. Revocation, suspension, or denial of certificates of any certified employee, as set forth in O.C.G.A. § 20-2-984.5.

3. An employee who chooses to appeal under O.C.G.A. § 20-2-1160 (School Law Tribunals; Appeals) shall be barred from pursuing the same Complaint under this Rule.

D. PROCEDURES:

1. A Complaint by the employee at the initial and each subsequent level of review shall be in writing (See Section E below) and shall clearly state the intent of the employee to access the Complaint Rule.

2. Time Schedules: a. The Complainant shall be entitled to file a Complaint within ten (10) calendar days

from the most recent incident upon which the Complaint is based; b. The Complainant shall have ten (10) calendar days to file an appeal at any level; c. The total time frame shall not exceed sixty (60) calendar days from the initiation of the

Complaint until notification to the Complainant of the decision rendered by the Cobb County Board of Education (Board).

3. Hearing: a. Evidence:

(1) The Complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level; but

(2) The Complainant may not present additional evidence at Level II or Level III of the Complaint process unless the additional evidence is submitted in writing to the Superintendent at least five (5) calendar days prior to the hearing;

(3) When hearing a Level III appeal from Level II, the Board shall hear the Complaint as a totally new hearing where all evidence is presented as if for the first time (de novo).

b. Time Limits: a. The Hearing Administrators and the Board shall have the authority to maintain order at any hearings provided under this Rule; b. Time limits may be imposed at the outset of the hearing or at any time during the hearing regarding the presentation of evidence or examination of witnesses.

4. Representation: a. Level I:

The presence of any individual other than the Complainant and the Level I Administrator is specifically prohibited, except witnesses who present testimony or documents.

b. Levels II and III: The Complainant and the administrator against whom the Complaint is filed or whose decision is appealed shall be entitled to the presence of an individual, including an attorney, to assist in the presentation of the Complaint and the response thereof at Level II and Level III of this procedure. If the Complainant is represented by an attorney, the Board attorney shall be present and present the District’s case if requested by the administrator.

5. Records: a. An accurate record of the proceedings shall be kept at each level; b. The proceeding shall be recorded by mechanical/electronic means; c. All evidence shall be preserved and made available at all times to the parties involved; d. All costs and fees shall be borne by the party incurring them unless otherwise agreed

upon by the parties, except: (1) The cost of preparing and preserving the records of proceedings shall be borne by

the District; however, (2) The cost of transcribing the proceedings before the Board shall be borne by the

party requesting the same, and all costs of the record on any further appeal shall be paid by the party required to do so by the laws relating thereto.

6. Decisions: a. The decision reached at each Complaint level shall be sent to the Complainant by both

first class and certified mail, overnight delivery or hand delivered by a person designated by the Superintendent within ten (10) calendar days of the decision.

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b. If the decision is sent by first class and certified mail or overnight delivery, it shall be sent to the address stated in the Complaint or, if not contained in the Complaint, to the last known address of the Complainant on file with the District.

c. Notification to the Complainant of the decision shall be deemed to have been made: (1) On the date of hand delivery; or (2) On the date of deposit in the United States Mail by first class and certified mail,

return receipt requested; or (3) On the date deposited for overnight delivery.

7. Automatic Referral to Next Level: Any Complaint not processed by the administrator or the Board within the time frames required by this Rule shall be forwarded to the next level of the Complaint procedure.

E. FORM OF COMPLAINT:

The Complaint must be in writing and shall include the following: 1. The mailing address of the Complainant to which notices and all other documents may be

delivered; 2. A statement of the intent of the Complainant to utilize this Complaint procedure; 3. A reference to the statute, policy, Rule, regulation, or written agreement that is alleged to

have been violated, misapplied, or misinterpreted; 4. A brief statement of the facts on which the Complaint is based that explains how such

statute, policy, Rule, regulation or written agreement was violated, misapplied, or misinterpreted, and how it substantially affects the employment relationship of the Complainant; and

5. A statement of the relief desired. F. LEVEL I HEARING:

1. The Complaint shall be filed with the Level I Administrator within ten (10) calendar days from the occurrence of the most recent alleged incident or other matter on which the Complaint is filed and shall clearly state the intent of the employee to access the Complaint;

2. The Level I Administrator shall indicate the date of filing on the Complaint; 3. If the Complaint is filed within the required time limit, the Level I Administrator shall give

written notice to the Complainant of the time and place of the hearing, either by mail, electronically or hand delivery: a. When notice is given by mail, it shall be sent by first class mail to the address set forth

in the Complaint; b. If no address was included in the Complaint, then notice shall be sent to the last known

address of the Complainant on file with the District. 4. The Level I Administrator shall conduct a hearing on the Complaint and render a decision

thereon within ten (10) calendar days of the filing of the Complaint; 5. The decision shall be dated and shall:

a. Set forth findings of fact; b. The decision made; and c. Reasons for that decision.

6. A copy of the decision shall be sent to the Complainant as provided in Section D above. G. LEVEL II HEARING - APPEAL FROM LEVEL I:

A Complainant who wishes to contest the decision of the Level I Administrator may appeal that decision to the Level II Administrator as follows: 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar

days after the date the Level I Administrator's decision is mailed or hand delivered; 2. The appeal shall clearly set forth the questions and issues involved and the reasons why

the Complainant wishes to contest the Level I Administrator's decision; 3. The Superintendent's office shall indicate the date of the filing on the appeal; 4. If the appeal is filed within the time limit, a Level II hearing shall be scheduled before an

appropriate Level II Administrator who shall give written notice to the Complainant of the time and place of the hearing by mail, electronically or hand delivery;

5. The Level II Administrator shall, within ten (10) calendar days of the filing of the appeal:

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a. Obtain the record of the proceedings and evidence introduced at the Level I hearing, as well as a copy of the Complaint;

b. Conduct a hearing; and c. Render a written decision;

6. If the Level II Administrator is a designated representative of the Superintendent, the Administrator shall promptly submit his/her recommendations and findings to the Superintendent for final decision, which shall be rendered within ten (10) calendar days of the filing of the appeal;

7. The decision shall be dated and shall: a. Set forth findings of fact; b. The decision made; and c. Reasons for that decision;

8. A copy of the decision shall be sent to the Complainant as provided in Section D above. H. LEVEL III HEARING - APPEAL FROM LEVEL II:

A Complainant who wishes to contest the decision of the Level II Administrator may appeal that decision to the Board as follows: 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar

days after the date the Level II Administrator's decision is mailed or hand delivered; 2. The appeal shall clearly set forth the questions and issues involved and the reasons why

the Complainant wishes to contest the Level II Administrator's decision; 3. The Superintendent's office shall indicate the date of filing on the appeal; 4. If the appeal is filed within the time limit, the Superintendent or designee shall give

written notice to the Complainant of the time and place of the hearing by mail, electronically or hand delivery;

5. The Complainant and the Administrators against whom the Complaint is filed or whose decision is being appealed shall be entitled to appear before the Board and be heard;

6. Three members of the Board may conduct the hearing and submit findings and recommendations to the full Board for final decision;

7. The Level III hearing shall be conducted as a de novo proceeding by the Board or its designated committee and a decision rendered by the Board so that the decision is mailed or hand delivered to the Complainant within sixty (60) calendar days after the filing of the initial Level I complaint;

8. The Board’s written decision shall be dated and shall; (1) Set forth findings of fact; (2) The decision made; and (3) Reasons for the decision;

9. A copy of the decision shall be delivered to the Complainant in accordance with Section D above within sixty (60) calendar days after the filing of the initial Level I Complaint.

I. APPEALS TO STATE BOARD OF EDUCATION:

A Complainant dissatisfied with the decision of the Cobb County Board of Education may appeal that decision to the Georgia Board of Education. Such appeals shall be governed by the applicable State Board Rule and O.C.G.A. § 20-2-1160.

J. REPRISALS:

A Complainant shall not be the subject of any reprisal as a result of filing a Complaint under this Rule. Should any such reprisal occur, the Complainant may refer the matter to the Professional Practices Commission (Administrative Rule Admin Rule DIE-R [Fraud Prevention]).

K. COLLECTIVE BARGAINING DISCLAIMER:

Nothing in this Rule shall be interpreted as authorizing or permitting collective bargaining by or on behalf of any employee or group of employees.

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Adopted: 4/14/71 Revised: 1/23/75 Reviewed: 9/23/82 Revised: 5/26/83; 8/8/84; 3/13/86 Reviewed: 6/19/86 Revised: 2/23/89; 6/28/90; 8/8/90 Reviewed: 10/9/91 Revised: 1/23/92; 1/28/93; 3/28/96 Reclassified an Administrative Rule: 9/1/04 Revised: 2/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBK) Legal Reference G.A. 20-02-0989.6 Complaints - Definitions O.C.G.A. 20-02-0989.7 Complaints - Performance Ratings/Evaluations O.C.G.A. 20-02-0989.8 Complaints - Policy O.C.G.A. 20-02-0989.9 Complaints - Supplemental rules and policies O.C.G.A. 45-01-0004 Whistleblower O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) O.C.G.A. 20-02-0989.5 Complaints policy; legislative intent Rule 160-1-3-.04 School Law Tribunals and Appeals

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GAE(3)-R Complaints and Grievances, Noncertified Employees Date RATIONALE/OBJECTIVE: The Cobb County School District (District) believes that clearly stated procedures for employees will make it easier to resolve concerns, complaints and grievances (Complaints) that may arise between employees and/or supervisors. RULE: A. PURPOSE/INFORMAL RESOLUTION PREFERRED:

The goal of this Rule is to resolve problems and disputes in employment relationships at the lowest possible organizational level with a minimum of conflict and formal proceedings so that good morale may be maintained, effective job performance may be enhanced, and the community may be better served. The District encourages all employees to resolve their Complaints informally in a spirit of collegiality where possible. This Rule is available where such efforts do not succeed, or, where for other reasons, the employee desires to pursue this procedure.

B. DEFINITIONS: 1. Administrator:

The individual at each level designated by the District to preside over and make decisions with respect to employee Complaints.

2. Complainant: The employee who files a Complaint pursuant to this Rule.

3. Complaint: Any claim by a District employee which is filed pursuant to and within the scope of this Rule.

4. Level I Hearing Administrator: The Principal of the school or supervisor of the department/division in which the Complainant is assigned.

5. Level II Hearing Administrator: The Superintendent or designee.

C. SCOPE OF COMPLAINT/EXCLUSIONS:

1. Scope: Unless excluded by Section C of this Rule, this Complaint procedure is applicable to any claim by an employee who is affected in his/her employment relationship by an alleged violation, misinterpretation, or misapplication of statutes, policies, Rules, regulations, or written agreements of the District with which the District is required to comply.

2. Exclusions: This Rule shall not apply to: a. Performance ratings contained in personnel evaluations and professional development

plans pursuant to O.C.G.A. § 20-2-210; performance ratings and personnel evaluations for all employees not covered by O.C.G.A. § 20-2-210 (Administrative Rule GARI-R [Employee Evaluation]);

b. Job performance; c. Termination, non-renewal, demotion, suspension, or reprimand of any employee; d. Revocation, suspension, or denial of certificates of any certified employee, as set forth

in O.C.G.A. § 20-2-984.5. 3. An employee who chooses to appeal under O.C.G.A. § 20-2-1160 (School Law Tribunals;

Appeals) shall be barred from pursuing the same Complaint under this Rule.

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D. PROCEDURES:

1. A Complaint by the employee at the initial and each subsequent level of review shall be in writing (See Section E below) and shall clearly state the intent of the employee to access the Complaint Rule.

2. Time Schedules: a. The Complainant shall be entitled to file a Complaint within ten (10) calendar days

from the most recent incident upon which the Complaint is based; b. The Complainant shall have ten (10) calendar days to file an appeal at any level; c. The total time frame shall not exceed sixty (60) calendar days from the initiation of the

Complaint until notification to the Complainant of the decision rendered by the Cobb County Board of Education (Board).

3. Hearing: a. Evidence:

(1) The Complainant shall be entitled to an opportunity to be heard, to present relevant evidence, and to examine witnesses at each level; but

(2) The Complainant may not present additional evidence at Level II or Level III of the Complaint process unless the additional evidence is submitted in writing to the Superintendent at least five (5) calendar days prior to the hearing;

b. Time Limits: a. The Hearing Administrators and the Board shall have the authority to maintain order at any hearings provided under this Rule; b. Time limits may be imposed at the outset of the hearing or at any time during the hearing regarding the presentation of evidence or examination of witnesses.

4. Representation: a. Level I:

The presence of any individual other than the Complainant and the Level I Administrator is specifically prohibited, except witnesses who present testimony or documents.

b. Levels II: The Complainant and the administrator against whom the Complaint is filed or whose decision is appealed shall be entitled to the presence of an individual, including an attorney, to assist in the presentation of the Complaint and the response thereof at Level II of this procedure. If the Complainant is represented by an attorney, the Board attorney shall be present and present the District’s case if requested by the administrator.

5. Records: a. An accurate record of the proceedings shall be kept at each level; b. The proceeding shall be recorded by mechanical/electronic means; c. All evidence shall be preserved and made available at all times to the parties involved; d. All costs and fees shall be borne by the party incurring them unless otherwise agreed

upon by the parties, except: (1) The cost of preparing and preserving the records of proceedings shall be borne by

the District; however, (2) Costs of the record on any further appeal shall be paid by the party required to do

so by the laws relating thereto. 6. Decisions:

a. The decision reached at each Complaint level shall be sent to the Complainant by both first class and certified mail, overnight delivery or hand delivered by a person designated by the Superintendent within ten (10) calendar days of the decision.

b. If the decision is sent by first class and certified mail or overnight delivery, it shall be sent to the address stated in the Complaint or, if not contained in the Complaint, to the last known address of the Complainant on file with the District.

c. Notification to the Complainant of the decision shall be deemed to have been made: (1) On the date of hand delivery; or (2) On the date of deposit in the United States Mail by first class and certified mail,

return receipt requested; or (3) On the date deposited for overnight delivery.

7. Automatic Referral to Next Level:

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Any Complaint not processed by the administrator within the time frames required by this Rule shall be forwarded to the next level of the Complaint procedure.

E. FORM OF COMPLAINT:

The Complaint must be in writing and shall include the following: 1. The mailing address of the Complainant to which notices and all other documents may be

delivered; 2. A statement of the intent of the Complainant to utilize this Complaint procedure; 3. A reference to the statute, policy, Rule, regulation, or written agreement that is alleged to

have been violated, misapplied, or misinterpreted; 4. A brief statement of the facts on which the Complaint is based that explains how such

statute, policy, Rule, regulation or written agreement was violated, misapplied, or misinterpreted, and how it substantially affects the employment relationship of the Complainant; and

5. A statement of the relief desired. F. LEVEL I HEARING:

1. The Complaint shall be filed with the Level I Administrator within ten (10) calendar days from the occurrence of the most recent alleged incident or other matter on which the Complaint is filed and shall clearly state the intent of the employee to access the Complaint;

2. The Level I Administrator shall indicate the date of filing on the Complaint; 3. If the Complaint is filed within the required time limit, the Level I Administrator shall give

written notice to the Complainant of the time and place of the hearing, either by mail, electronically or hand delivery: a. When notice is given by mail, it shall be sent by first class mail to the address set forth

in the Complaint; b. If no address was included in the Complaint, then notice shall be sent to the last known

address of the Complainant on file with the District. 4. The Level I Administrator shall conduct a hearing on the Complaint and render a decision

thereon within ten (10) calendar days of the filing of the Complaint; 5. The decision shall be dated and shall:

a. Set forth findings of fact; b. The decision made; and c. Reasons for that decision.

6. A copy of the decision shall be sent to the Complainant as provided in Section D above. G. LEVEL II HEARING - APPEAL FROM LEVEL I:

A Complainant who wishes to contest the decision of the Level I Administrator may appeal that decision to the Level II Administrator as follows: 1. The appeal must be filed in the Superintendent's office in writing within ten (10) calendar

days after the date the Level I Administrator's decision is mailed; 2. The appeal shall clearly set forth the questions and issues involved and the reasons why

the Complainant wishes to contest the Level I Administrator's decision; 3. The Superintendent's office shall indicate the date of the filing on the appeal; 4. If the appeal is filed within the time limit, a Level II hearing shall be scheduled before an

appropriate Level II Administrator who shall give written notice to the Complainant of the time and place of the hearing by mail, electronically or hand delivery;

5. The Level II Administrator shall, within ten (10) calendar days of the filing of the appeal: a. Obtain the record of the proceedings and evidence introduced at the Level I hearing, as

well as a copy of the Complaint; b. Conduct a hearing; and c. Render a written decision;

6. If the Level II Administrator is a designated representative of the Superintendent, the Administrator shall promptly submit his/her recommendations and findings to the Superintendent for final decision, which shall be rendered within ten (10) calendar days of the filing of the appeal;

7. The decision shall be dated and shall:

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a. Set forth findings of fact; b. The decision made; and c. Reasons for that decision;

8. A copy of the decision shall be sent to the Complainant as provided in Section D above. 9. The Level II decision is the final decision.

H. REPRISALS:

A Complainant shall not be the subject of any reprisal as a result of filing a Complaint under this Rule. Should any such reprisal occur, the Complainant may refer the matter to the Professional Practices Commission (Administrative Rule Admin Rule DIE-R [Fraud Prevention]).

I. COLLECTIVE BARGAINING DISCLAIMER: Nothing in this Rule shall be interpreted as authorizing or permitting collective bargaining by or on behalf of any employee or group of employees.

Adopted: 2/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBKA) Legal Reference O.C.G.A. 45-01-0004 Whistleblower

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GAEA-R Staff Protection ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) seeks to provide an avenue for any District employee to report any activity constituting fraud, waste, and/or abuse regarding or relating to any program run by the District. Further, this Rule protects all District employees who make good faith reports of such activity. RULE: A. GENERAL PROVISIONS:

1. “Law, rule, or regulation” includes any federal, state, or local statute or ordinance or any rule or regulation adopted according to any federal, state, or local statute or ordinance.

2. “Employee” means any person who is employed by the District. 3. “Retaliate” or “retaliation” refers to the discharge, suspension, or demotion by the District

of a District employee or any other adverse employment action taken by the District against a District employee in the terms or conditions of employment for disclosing a violation of or noncompliance with a law, rule, or regulation to either a District supervisor or government agency.

4. “Supervisor” means any individual: a. To whom the District has given authority to direct and control the work performance of

the affected District employee; b. To whom the District has given authority to take corrective action regarding a violation

of or noncompliance with a law, rule, or regulation of which a District employee complains; or

c. Who has been designated by the District to receive complaints regarding a violation of or noncompliance with a law, rule, or regulation.

B. CONFIDENTIALITY: An employee may submit his/her complaint or information on a confidential basis. The District shall not, after receipt of a complaint or information from a District employee, disclose the identity of the District employee without the written consent of such employee, unless the District determines such disclosure is necessary and unavoidable during the course of the investigation. In such event, the District employee shall be notified in writing at least seven days prior to such disclosure.

C. GOOD FAITH REQUIREMENT: Any employee who files a complaint alleging wrongdoing must act in good faith and have reasonable grounds for believing the information disclosed constitutes a violation. Any allegation that proves to be unsubstantiated and that proves to have been made maliciously, recklessly, or with foreknowledge that the allegations were false, may result in disciplinary action, up to and including termination of employment.

D. PROHIBITION AGAINST RETALIATION: No employee may be subject to retaliatory action for: 1. Making a good faith disclosure of fraud, waste, and/or abuse, including violations of a law,

rule, or regulation; or 2. Objecting to, or refusing to participate in, any activity, policy, or practice of the District

that the employee has reasonable cause to believe is in violation of, or noncompliance with, a law, rule, or regulation.

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Any employee who suspects that they have been retaliated against for filing a meritorious complaint under this policy may file a complaint with the Professional Standards and Ethics office within 10 days of the suspected retaliation.

E. INVESTIGATIONS: Complaints will be investigated by Human Resources and/or Internal Audit, depending on the nature of the complaint and in accordance with Administrative Rule GAGC-R (Employee Ethics) and Administrative DIE-R (Fraud Prevention).

F. EXCEPTIONS:

This Rule does not apply to routine personnel matters, including, but not limited to, employees reporting violations of Human Resources policies, problems with co-workers or supervisors, alleged employment discrimination, sexual harassment, or any other form of unlawful harassment. Employees should make complaints as to these issues in accordance with applicable Administrative Rules GAAA-R (Equal Opportunity Employment), GAE(2)-R (Complaints and Grievances, Certified Employees), GAE(3)-R (Complaints and Grievances, Noncertified Employees), and GAEB-R (Harassment).

Adopted: 6/8/11 Revised: 1/18/12 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GAGC) Legal Reference O.C.G.A. 45-01-0004 Whistleblower

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GAEB Harassment ?/?/12 It is the policy of the Cobb County Board of Education (Board) that Cobb County School District (District) employees shall be able to enjoy a work environment free from all forms of discrimination, including sexual harassment. Sexual harassment is an unlawful employment practice under federal law, and it is a form of discrimination that is specifically prohibited by the Board. Any District employee who violates this policy will be subject to disciplinary actions. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 45-01-0004 Whistleblower O.C.G.A. 19-07-0005 Reporting child abuse O.C.G.A. 20-02-1184 Mandatory reporting of students committing certain prohibited acts 42 USC 2000d 1964 Civil Rights Act 42 USC 2000e-2 Unlawful employment practices 20 USC 1681 Title IX of the Education Amendments of 1972

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GAEB-R Harassment ?/?/12 RATIONALE/OBJECTIVE:

Sexual harassment is unlawful and is specifically prohibited by the Cobb County Board of Education (Board) and will not be tolerated against applicants or employees. RULE: A. GENERAL PROVISIONS:

1. The Board desires that its employees be able to enjoy a work place free from all forms of discrimination, including sexual harassment (Board Policy SD-4 [Treatment of Staff]; Board Policy GAA [Personnel Goals and Objectives]).

2. Notification: All employees, including new hires, will have access to this Rule which shall also be posted on the District’s Website.

3. Training: The District will, from time to time but at least every three years, conduct sexual harassment training which will be open to all employees.

4. This Administrative Rule is not intended to be read as an expansion of any existing Federal or State law.

B. DEFINITION:

1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: a. Such conduct unreasonably interferes with an employee's performance or creates an

intimidating, hostile or offensive working environment; b. Submission to such conduct is made a term or condition of an individual's employment;

or c. Submission to or rejection of such conduct by an employee is used as a basis for

employment decisions affecting the individual. 2. Examples:

Examples of prohibited conduct include, but are not limited to: a. Offensive or unwelcome sexual advances or propositions; b. Employees dating students; c. Threats or promises by a supervisor (i.e. loss of job or promise of job,

promotion, or other employment benefits); d. Unwelcome or inappropriate gestures, touching, leering, patting, pinching,

brushing against someone’s body; e. Graphic or degrading verbal abuse or harassment of a sexual nature, for

example: (1) Sexually explicit, suggestive, or oriented discussions or questions; (2) Sexual or suggestive jokes, or nicknames that stereotype, demean, or make

fun of any protected group; (3) Inappropriate kidding, mimicking, or mocking about gender-specific traits; (4) Repeated unwanted requests for dates; (5) Lewd or other comments, with regard to physical appearance or attributes,

that are of a sexual or suggestive nature, or that are said at inappropriate times or frequently;

(6) Foul language; f. Display of hate symbols, hostile messages, or sexually suggestive objects,

pictures, or written materials (i.e. cards, letters, e-mail);

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g. Non-verbal innuendo of a sexual, suggestive, or threatening nature. 3. Occurrence:

Sexual harassment can occur in a variety of circumstances, including but not limited to, the following: a. The victim as well as the harasser can be male or female. The victim does not have to

be of the opposite sex. b. The harasser can be the victim's supervisor, an agent of the employer, a supervisor in

another area, a co-worker, a subordinate, or a non-employee. c. The victim does not have to be the person harassed but can be directly affected by the

offensive conduct. C. PROCEDURE:

1. Intervention: Supervisors shall report to Human Resources any offensive behavior that is witnessed by them or reported to them even if not reported by the affected employee.

2. Reporting: It is the responsibility of all employees to report any form of sexual harassment, whether they are personally subjected to the conduct or merely witness the behavior.

3. Complaint: Any employee or applicant who wishes to file a sexual harassment complaint should contact the Diversity/Equal Employment Opportunity Office in the Human Resources Division to report their concerns: a. Timeframe:

(1) The Complainant shall be entitled to file a Complaint with Human Resources within thirty (30) calendar days from the most recent incident upon which the Complaint is based.

(2) Sexual harassment investigations shall be prompt, thorough, and impartial. (3) The total time frame for the investigation shall not exceed sixty (60) working days

from the receipt of the Complaint until notification to the Complainant of the decision rendered by Human Resources. Under unusual circumstances when it is not feasible to produce a satisfactory investigative determination within sixty (60) working days, the Chief Human Resources Officer may extend the timeframe by up to ten (10) working days.

b. Investigation: Employees are required to cooperate in complaint investigations, and are expected to protect confidentiality.

c. Retaliation: It is a violation of law to retaliate against employees who file a discrimination complaint, or participate as a witness (Administrative Rule DIE-R [Fraud Prevention]).

4. Resolution Process: a. Initial Determination:

The Professional Standards and Ethics Office shall provide a written determination including a recommendation for any disciplinary action to the Complainant(s) and Respondent(s) and where appropriate, shall meet with one or both parties to review the outcome within ten (10) working days of the conclusion of the investigation.

b. Appeal: (1) If an employee wishes to appeal the determination and/or recommendation of the

Manager, such appeal should be presented, in writing including the basis of the appeal, to the Chief Human Resources Officer (CHRO) within ten (10) working days.

(2) The CHRO will hear the appeal within ten (10) working days and his/her decision shall be rendered within ten (10) working days and it shall be final.

(3) Where any recommended disciplinary action requires the Superintendent and/or Board approval, the recommended disciplinary action will be forwarded accordingly.

c. This procedure does not preclude any statutory rights under which an employee may otherwise be entitled.

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Adopted: 3/25/93 Revised: 3/28/96 Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07; 5/14/08; 1/13/10; 3/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBAA) Legal Reference O.C.G.A. 45-01-0004 Whistleblower O.C.G.A. 19-07-0005 Reporting child abuse O.C.G.A. 20-02-1184 Mandatory reporting of students committing certain prohibited acts 42 USC 2000d 1964 Civil Rights Act 42 USC 2000e-2 Unlawful employment practices 20 USC 1681 Title IX of the Education Amendments of 1972

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GAGC-R Employee Ethics ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) expects its employees to protect the health, safety and general welfare of students and fellow employees. The District seeks to ensure the citizens of Cobb County a degree of accountability within the education profession and to help define unethical conduct justifying disciplinary action. RULE: A. CODE OF ETHICS:

The District recognizes teaching as a profession and adopts the Code of Ethics for Educators (Code) promulgated by the Georgia Professional Standards Commission. 1. Certified Employees:

The District recognizes that the Code sets appropriate standards for certified employees and the District expects adherence to the Code by all certified employees.

2. Classified Employees: The District recognizes that the Code also sets appropriate standards for classified employees and the District expects adherence to the Code by all classified employees.

B. GENERAL PROVISIONS: 1. Notification:

a. Employees shall notify Internal Audit of fraud or other prohibited actions as provided in Administrative Rule DIE-R (Fraud Prevention).

b. Self-reporting: (1) Arrest:

All employees of the District are required to notify their immediate supervisor and the Professional Standards and Ethics office by the end of the next business day following their arrest. The term ARREST shall include physical arrest by law enforcement and/or any charges filed against the employee not resulting in a physical arrest.

(2) Driver’s License/Traffic Citations: Any employee that operates a District vehicle is required to notify his/her immediate supervisor and the Professional Standards and Ethics office at the beginning of the next business day following either of the following events: (a) The employee receives a traffic citation; or (b) The employee’s driver’s license is suspended, restricted or revoked for any

reason, whether the incident resulting in the suspension, restriction or revocation occurred on personal time or during work hours.

2. Conflict of Interest: District employees are public employees. As such, they have the responsibility to uphold the public trust and to refrain from using their positions for private benefit. Therefore, the following provisions apply to all employees: a. Disclosure:

Board Policy BCB (Conflict of Interest) contains specific, annual reporting requirements for all employees.

b. Solicitation: (1) The soliciting of sales or services, the advertisement of products, or the

endorsement of one product over another by District employees in their relations with students, parents/guardians or employees is prohibited.

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(2) The provisions of Administrative Rule KH (Solicitation and Advertising on School Property) apply to employees as well as other persons, firms, corporations, or businesses.

c. Personal Gain: Employees shall refrain from the exploitation of relationships with students, colleagues, educators, parents, school patrons, businesses or Board of Education members for personal gain or private advantage.

3. Job Requirements: Employees shall fulfill the primary function and all requirements as stated in their job description (Administrative Rule GBB-R [Professional Personnel Positions]) and as assigned by their immediate supervisor.

Reclassified an Administrative Rule: 9/1/04 Revised: 3/14/07; 8/8/07; 1/18/12 Legal Reference O.C.G.A. 20-02-0984.1 PSC-Adoption of standards of performance and a code of ethics O.C.G.A. 20-02-0989.20 Grade Integrity O.C.G.A. 20-02-0207 Online course on educator ethics O.C.G.A. 20-02-0982 Georgia Professional Standards Act - purpose

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GAHA Staff Participation in Community Activities ?/?/12

The Cobb County Board of Education (Board) authorizes the Superintendent or designee to act on the Board's behalf concerning:

1. Fund raising activities directed solely towards employees; and 2. Employee participation in community agency fund drives.

It is understood that employees may participate, without additional approval, in any fund raising activity or community agency fund drive approved for students in accordance with Administrative Rule JJE (Student Activities: Fund Raising Activities). Adopted: ?/?/12

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GAHA-R Staff Participation in Community Activities ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) acknowledges that opportunities may arise where employees may be requested to contribute to fund raising and/or to assist other individuals in need. RULE: A. REQUIREMENTS:

All fund-raising and/or employee assistance drives directed towards District employees only without participation by students must comply with: 1. Administrative Rule KH (Solicitation and Advertising on School Property); and 2. Applicable provisions of Administrative Rule JJE (Student Activities: Fund Raising

Activities) including but not limited to those sections addressing approval at the school level; receiving, depositing, distribution of funds; and contracts;

3. Financial Services guidelines regarding the distribution of funds collected for a specific employee or group of employees.

Adopted: 7/26/79 Reviewed: 6/19/86 Revised: 9/23/82; 5/26/83; 8/8/84; 8/8/85; 6/27/91; 10/23/97 Reclassified an Administrative Rule: 9/1/04 Revised: 11/11/09 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBHA)

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GAK(1) Criminal Background Check ?/?/12 A criminal record check will be conducted at or prior to employment on every person who is employed by the Cobb County Board of Education (Board) for the first time to fill either a full-time or a part-time certified or classified position with the Cobb County School District (District). For initial hiring purposes, the employee either shall be fingerprinted or shall provide a signed consent on a form designated by the District, including employee’s full name, address, social security number, and date of birth, based upon the requirement of State Law or applicable rule or regulation. A clearance certificate verifying a satisfactory criminal background check may be required based on the requirements of state law and rules of the Professional Standards Commission. Subsequent criminal record checks shall be conducted on all personnel in accordance with state laws, state board rules, and rules of the Professional Standards Commission. All certified personnel whose employment is continued with District shall have a criminal record check made upon any certificate renewal application to the Professional Standards Commission. All classified employees whose employment is continued with the District shall have subsequent criminal records checks on a periodic basis using procedures and schedules to be determined by the Superintendent or designee. Criminal record check information shall be used by the district and its officials and employees only for the purpose of determining whether to grant regular employment and in any administrative or judicial proceeding calling such employment into question. Such information shall be stored, restricted, and disposed of in such a manner as may be required by federal and state authorities. A breach in confidentiality or the inappropriate use of criminal background information may constitute a workplace violation and may be grounds for disciplinary action including, but not limited to, termination and/or reporting to the Professional Standards Commission. The cost of the criminal record checks for all certificated and non-certificated personnel shall be borne by the employee or applicant. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0211.1 Clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks O.C.G.A. 35-03-0039.1 National Crime Prevention and Privacy Compact; ratification; criminal history records repository O.C.G.A. 35-03-0035 Dissemination of criminal history records 49 USC 14616 National Crime Prevention and Privacy Compact

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GAKA Reduction in Force ?/?/12 The Cobb County Board of Education (Board) recognizes the critical importance of having adequate numbers of personnel to accomplish the missions of the Cobb County School District (District). Concurrent with the Board’s responsibility is the right of the Board to institute a reduction in force under certain circumstances. A central goal of any Reduction in Force (RIF) plan will be to retain the most qualified personnel in each position category affected. This RIF policy shall apply to all personnel employed by the District, but nothing in this policy shall be construed to extend to any employee substantive or procedural rights not required under state law. Specifically, nothing in this policy shall extend to professional personnel any expectation of re-employment or due process rights greater than are available under the Fair Dismissal Act of Georgia. This policy is not to be construed to mandate the promotion, transfer or reassignment of an employee to any other position with the District, even though the employee who is to be terminated may be qualified or certified for a higher or other position. When the Superintendent determines that the application of this reduction in force policy is necessary, it shall be his or her primary responsibility to prepare for presentation to the Board of Education a plan for reduction in force (RIF). In proposing the plan, the Superintendent may: (1) determine the group(s) of employees to which the RIF will be applied, (2) select individuals or positions to be subject to the RIF, or (3) any combination of (1) and (2). The primary factor to be considered by the Superintendent must be the performance of the employee. Although length of service may also be considered it may not be the primary or sole determining factor. However, these restrictions shall not apply if an entire program is eliminated (see O.C.G.A. § 20-2-948). If the Board accepts the recommendation of the Superintendent, the Superintendent shall notify any employee affected by the application of the plan in a manner consistent with the provisions of Georgia’s Fair Dismissal Act and he or she shall have whatever rights the Fair Dismissal Act provides for such employee. Adopted:?/?/12 Legal Reference O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) O.C.G.A. 20-02-0942 Nonrenewal after acceptance of 4th consecutive contract; tenure O.C.G.A. 20-02-0943 Powers of LBOE under fair dismissal act O.C.G.A. 20-02-0948 Fair Dismissal O.C.G.A. 34-07-0001 Determination of term of employment

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GAKA-R Reduction in Force ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) seeks to provide fair and efficient procedures for handling reductions in force in the District. Separations occasioned by a reduction in force shall be carried out in accordance with the Georgia Fair Dismissal Act (O.C.G.A. 20-2-940 et seq.) and Administrative Rule GARE-R (Employee Assignment). RULE: A. GENERAL PROVISIONS:

1. Definition: A reduction in force (RIF) refers to a procedure by which one or more certificated or contract positions is: a. Abolished; or b. Changed to such a substantial extent that it is considered abolished by Human

Resources (HR). 2. A RIF may or may not be conducted in conjunction with other changes to the workforce

including, but not limited to, reassignment, transfer, demotion, or new hiring. 3. The provisions of this Rule apply only to individuals holding certificated or contract

positions which are abolished or eliminated under a RIF. 4. Considerations:

In determining whether to implement, and how to implement, a RIF, primary consideration will be given to promoting the effectiveness and quality of the educational program and services. With that goal in mind, reasonable efforts will be made to minimize the number of employees affected and the degree of negative impact on each employee.

5. Causes: A RIF may be caused by: a. Elimination or change in programs; b. Loss of funding to include the reduction or expiration of grant-generated funds; c. Reorganization; or d. Other conditions.

6. Contract Position: Job held by an employee with a current contract for a definite term.

7. Job Title: Job title is the name of the job held by an employee as set forth in the current salary schedule in place at the time that the RIF is implemented.

8. Position: The RIF Plan sets forth individual positions within a competitive area which will be eliminated. The designation of the positions to be eliminated in a RIF Plan will include, at a minimum, the name and number of individual job titles in each competitive area which will be eliminated. Positions may be further defined, within a competitive area and job title, by certification or license.

B. SELECTION PROCEDURE: The Superintendent, in conjunction with HR, shall be responsible for recommending particular positions which will be eliminated. 1. RIF Plan:

After consideration of such factors as the conditions which necessitated the RIF, how the particular functions or services of a school might be organized more efficiently (where applicable), and possible alternatives to the elimination of positions, the Superintendent or

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designee shall develop a written RIF Plan which will include at least the following components: a. Affected area(s) (in accordance with Administrative Rule GARE-R [Employee

Assignment]) in which the RIF will be implemented; b. Positions within each affected area which will be eliminated; c. Particular conditions which resulted in the need for a RIF; and d. Considerations and rationale which resulted in defining the particular competitive areas

and job titles affected. 2. Implementation:

Within each affected area, the RIF will be implemented by: a. Eliminating the number of positions identified in the RIF Plan; b. Selecting the positions held by those individuals with the least seniority (in accordance

with Administrative Rule GARE-R [Employee Assignment]) first, until the requisite number of positions is eliminated.

Adopted: 9/23/82 Revised: 5/26/83; 8/08/84; 1/28/87; 6/27/91; 2/10/93; 11/8/00 Reclassified an Administrative Rule: 9/1/04 Revised: 1/14/09; 3/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCQA) Legal Reference O.C.G.A. 20-02-1160 LBOE tribunal power to determine local school controversies; appeals; special ed provisions O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) O.C.G.A. 20-02-0942 Nonrenewal after acceptance of 4th consecutive contract; tenure O.C.G.A. 20-02-0943 Powers of LBOE under fair dismissal act O.C.G.A. 34-07-0001 Determination of term of employment

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GAMA Drug-Free Workplace ?/?/12 The Cobb County Board of Education (Board) recognizes that its employees are the Cobb County School District’s (District) most valuable resource, and for that reason, their health and safety are of paramount concern. The Board recognizes that a drug-free work force encourages productivity and promotes the accomplishment of the District’s mission and goals. Because substance abuse, at work or away from work, can seriously endanger the safety of employees and render them incapable of supplying top quality service, the District shall establish a program to detect users and remove abusers of alcohol, drugs, or other controlled substances. This program shall include drug and alcohol testing of employees reasonably suspected of reporting to work under the influence of such substances and employees who are injured on the job. In accordance with the federal Drug-Free Schools and Communities Act Amendments of 1989 and Drug-Free Workplace Act of 1988 and the Georgia Drug-Free Public Work Force Act of 1990, it is unlawful to manufacture, distribute, dispense, possess, or use alcohol or a controlled substance, marijuana, or dangerous drug in the workplace at any time for all school system employees. Drug related offenses may result in discipline including suspension and termination as provided for in the Georgia Drug Free Public Workforce Act. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference: O.C.G.A. 45-23-0006 Drug-free Public Work Force Act of 1990-Additional or more stringent sanctions authorized O.C.G.A. 45-23-0008 Drug-free Public Work Force Act of 1990-Administrative Procedures O.C.G.A. 45-23-0007 Drug-free Public Work Force Act of 1990-Continuance of employment for drug user; requirements and procedure O.C.G.A. 45-23-0002 Drug-free Public Work Force Act of 1990-Legislative finding and declaration O.C.G.A. 45-23-0003 Drug-free Public Work Force Act of 1990-Definitions O.C.G.A. 45-23-0004 Drug-free Public Work Force Act of 1990-Suspension or termination of public employee convicted of drug offense O.C.G.A. 45-23-0005 Drug-free Public Work Force Act of 1990-Ineligibility for public employment of person convicted of drug offense O.C.G.A. 26-05-0001 Drug Abuse Treatment and Education Act-Short Title O.C.G.A. 20-02-0011 State Board of Education - budget, supervision of DOE, funding O.C.G.A. 20-02-1121 Bus drivers subject to random alcohol/drug testing O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) Rule 160-5-3-.15 Alcohol and Controlled Substances Testing 41 USC 702 Requirements for federal grant recipients 41 USC 703 Employee Sanctions and Remedies 21 USC 812 Schedules of controlled substances 41 USC 701 Drug-free workplace requirements for Federal contractors

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GAMA-R Drug-Free Workplace ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) is concerned with the well-being of all employees. The District recognizes that a drug-free workplace and work force encourages employee productivity and promotes the accomplishment of the school system's missions and goals. As part of the Board’s continuing effort to provide an environment for students and employees which promotes health and safety, the Board hereby prohibits the unauthorized use, abuse, possession or sale of controlled substances and/or alcohol by District employees on school premises or at any school-related activities. RULE: A. DEFINITIONS:

1. Controlled Substance: A controlled substance is defined as those drugs or substances listed in schedules I through V of the federal Controlled Substance Act, 21 U.S.S. § 812, or as defined in O.C.G.A. § 16-13-21, including but not limited to marijuana, cocaine, heroin, opiates and amphetamines.

2. Conviction: Conviction means a finding of guilt (including a plea of nolo contendere if the offense occurred at the workplace) or imposition of sentence or both by any judicial body charged with the responsibility to determine violations of the federal or state criminal drug statutes.

3. Criminal Drug Statute: A criminal drug statute is defined as a federal or non-federal criminal statute involving the manufacture, distribution, dispensing, use or possession of any controlled substance.

4. Workplace: The workplace is defined as a geographic location at which an employee performs work pursuant to his/her employment with the District, including any travel while in travel status.

B. GENERAL PROVISIONS:

1. Prohibition: In accordance with the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 702 to 707, and the above stated concern, the Cobb County Board of Education (Board) has declared that the unlawful and/or unauthorized manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the workplace for all District employees. In addition, in accordance with the Drug-Free Public Work Force Act of 1990, and O.C.G.A. §§ 45-23-1 to 45-23-9, the District will take appropriate personnel action against any employee arrested and/or convicted of any criminal drug offense.

2. Application:

a. The District considers an employee who is under the influence of (legal intoxication is not required), possesses, uses or consumes an alcoholic beverage on District property or while in the performance of his/her official duties to be covered by this Rule.

b. Exception: Not included are substances used in accordance with a valid prescription.

c. Testing: All employees are subject to controlled substance and/or alcohol testing based on reasonable suspicion. Failure to submit to a required controlled substance and/or alcohol test will be considered insubordination and will result in disciplinary action up to and including the recommendation for termination of employment.

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B. NOTIFICATION:

1. Employee Self-Reporting: a. Use:

(1) If an employee notifies the District that he/she is: (a) Illegally using a controlled substance (defined above); and (b) Receiving, or agrees to receive, treatment under a drug abuse treatment

and education program under Chapter 5 of Title 26 of the Official Code of Georgia Annotated and approved by the Board; the employee will be allowed to maintain his/her job for a one-year period as long as he/she follows an approved drug treatment program.

(2) The District reserves the right to restructure the employee's work activities to protect persons or property.

(3) This provision ([1][b] above) is available to an employee only once during a five-year period and does not apply if the employee has refused to be tested or has tested positive for alcohol and/or any controlled substance (Administrative Rule GCRA(1)-R [Drug Screening]).

(4) Prior Notification Required: This provision ([1][b] above) is available only to employees who provide the notification described in section (1) above prior to an arrest for an offense involving a controlled substance (defined above). This provision is also not available to employees that provide this notification after being found to be under the influence of illegal drugs, controlled substances, or alcohol while at work or at a school related function.

b. Conviction: As a condition of employment, employees will abide by the terms of this Rule and shall notify the District of any arrest or conviction as required in Administrative Rule GAGC-R (Employee Ethics).

2. Federal Notification: The District shall notify the appropriate federal agency granting funding to the District within ten days after receiving notice of the conviction from the employee or otherwise after receiving the actual notice of such conviction regarding a violation occurring in the workplace.

C. DISCIPLINARY ACTION:

Also see Administrative Rule GBK-R (Professional Personnel Suspension). 1. First Offense:

Within 30 days of notification by the employee or otherwise receiving actual notice of a controlled substance offense conviction, the District shall, with respect to any employee so convicted: a. Take appropriate personnel action against the employee, and such action shall

range from a minimum of suspension from employment for a period of two (2) months to termination;

b. Require an employee who is suspended to participate satisfactorily in a drug abuse treatment and education program licensed under Chapter 5 of Title 26 of the Official Code of Georgia Annotated and approved by the Board.

2. Second Offense: Any employee who has a second conviction for a controlled substance offense shall be terminated.

D. DRUG-FREE AWARENESS PROGRAM:

The Human Resources Division has developed and maintains a drug-free awareness program to inform District employees of the following:

a. The dangers of drug abuse in the workplace; b. This Rule and any accompanying administrative procedures concerning the

maintenance of a drug-free workplace and a drug-free work force; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. Any penalties to be imposed upon employees for drug abuse violations occurring in the

workplace and elsewhere.

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Adopted: 5/25/89 Revised: 6/27/91; 8/9/95; 3/28/96; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 1/13/10, 09/14/11 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBEC) Legal Reference: O.C.G.A. 45-23-0006 Drug-free Public Work Force Act of 1990-Additional or more stringent sanctions authorized O.C.G.A. 45-23-0008 Drug-free Public Work Force Act of 1990-Administrative Procedures O.C.G.A. 45-23-0007 Drug-free Public Work Force Act of 1990-Continuance of employment for drug user; requirements and procedure O.C.G.A. 45-23-0002 Drug-free Public Work Force Act of 1990-Legislative finding and declaration O.C.G.A. 45-23-0003 Drug-free Public Work Force Act of 1990-Definitions O.C.G.A. 45-23-0004 Drug-free Public Work Force Act of 1990-Suspension or termination of public employee convicted of drug offense O.C.G.A. 45-23-0005 Drug-free Public Work Force Act of 1990-Ineligibility for public employment of person convicted of drug offense O.C.G.A. 26-05-0001 Drug Abuse Treatment and Education Act-Short Title O.C.G.A. 20-02-0011 State Board of Education - budget, supervision of DOE, funding O.C.G.A. 20-02-1121 Bus drivers subject to random alcohol/drug testing O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) Rule 160-5-3-.15 Alcohol and Controlled Substances Testing 41 USC 702 Requirements for federal grant recipients 41 USC 703 Employee Sanctions and Remedies 21 USC 812 Schedules of controlled substances 41 USC 701 Drug-free workplace requirements for Federal contractors

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GANA Infectious Diseases ?/?/12 The Cobb County Board of Education (Board) recognizes the importance of protecting the health and welfare of students, teachers, and other employees of the educational system from the spread of infectious diseases. The Board, the Cobb County Health Department and/or the Georgia Department of Human Resources has the authority to required immunizations or other preventative measures including quarantine, isolation and segregation of persons with communicable disease or conditions likely to endanger the health of others. These agencies may require quarantine or surveillance of carriers of disease and persons exposed to or suspected of being infected with infectious disease during such period until they are found free of the infectious agent or disease. GENERAL PROVISIONS:

1. Immunizations/Quarantine: The Board, Cobb & Douglas Public Health, and/or the Georgia Department of Human Services has the authority to require: a. Immunizations for employees; or b. Other preventive measures including exclusion of persons with infectious diseases or

conditions likely to endanger the health of others. c. These agencies may require quarantine or surveillance of carriers of diseases and

persons exposed to or suspected of being infected with infectious disease during such period until they are found free of the infectious agent or disease.

2. Employees: District employees will be afforded all provisions as specified in Georgia Board of Education Rule 160-1-3-.03 as it applies to infectious diseases.

PROCEDURES/DEFINITIONS: The District’s procedures and definitions regarding infectious diseases will be in compliance with Georgia Board of Education Rule 160-1-3-.03.

Adopted: 8/27/87 Revised: 6/8/88; 8/22/91 Reclassified an Administrative Rule: 9/1/04 Revised: 1/13/10; 1/18/12 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBGAA) Legal Reference: O.C.G.A. 20-02-0778 Required information to parents of students regarding meningococcal meningitis O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law) O.C.G.A. 24-09-0047 Disclosure of AIDS confidential information O.C.G.A. 31-12A-0004 Quarantine of diseased persons O.C.G.A. 31-22-0009.1 HIV tests - Who may perform test Rule 160-1-3-.03 Infectious Diseases 29 USC 794 Nondiscrimination under Federal grants and programs

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GAO-R Employee Resignations ?/?/12 RATIONALE/OBJECTIVE:

Cobb County School District (District) certificated professional personnel who wish to terminate employment while under contract will submit written notification to their immediate supervisor and to the Human Resources Division.

RULE: A. STATEMENT OF RESIGNATION:

The statement of resignation: 1. Should be forwarded to Human Resources Division, and include the following information:

a. Name; b. Present address; c. School or department assigned; d. Position held; e. Last day worked; f. Reason for resignation; g. Forwarding address; h. Comments; i. Date; and j. Signature.

2. For the new contract year will be accepted at any time on or before May 1 of the current school year.

3. During the contract period will be tendered at the earliest possible date.

B. RELEASE of EMPLOYEE: 1. Recommendation to Release:

The decision to recommend the release of an employee from a contract with the District shall be made by the administration and only in emergency situations.

2. Termination of Contract: The contract of employment cannot be terminated without the written consent and approval of the Board.

C. EXCEPTIONS: The Board may deviate from the above guidelines in extreme emergencies.

Reclassified an Administrative Rule: 9/1/04 Revised: 1/9/08 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCQC)

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GARA-R Employee Health Examination/Driving Record ?/?/12 GBSA Referece: GARA (Employee Health Examination) RATIONALE/OBJECTIVE: The Cobb County School District (District) reserves the right to require employees and applicants for employment to demonstrate their ability to perform essential, job-related functions. RULE: A. HEALTH EXAMINATIONS:

1. General Provisions: a. Potential Employees:

(1) The District reserves the right to require a post-offer physical examination and/or agility test of a potential employee, and may condition the offer of employment on the results of such examination or test;

(2) Bus Drivers: The District will require a post-offer physical examination for all potential employees for a school bus driver or bus monitor position. This physical examination will be in conformity with any examination required by the Georgia Department of Education (GDOE), the Georgia Department of Driver Service (DDS) and applicable federal law.

(3) Commercial Driver’s License (CDL): The District will require a post-offer physical examination for all potential employees whose job duties require a CDL. This physical examination will be in conformity with the general requirements of the physical examination of school bus drivers and compatible with the job duties of the position for which the CDL is required.

b. Current Employees: (1) The District reserves the right to require a physical and/or psychological

examination of any current employee which pertains to the employee's continuing competence and fitness to perform assigned duties. The District will assume the financial responsibility for these required examinations but will not be responsible for cost of the treatment.

(2) If a current employee does not pass the requirements of the physical or psychological examination, his/her supervisor or principal should contact appropriate personnel in Human Resources to confer on a case-by-case basis.

2. Specific Requirements: Annual Physical Examination: Employees in the following employment classifications and whose job description require a commercial driver’s license (CDL) as a term of their employment are required to undergo annual physicals at a District designated medical facility: a. Fleet Maintenance; b. Food and Nutrition; c. Maintenance; d. Transportation; and e. Warehouse.

B. LICENSE REQUIREMENTS/DRIVING RECORDS:

1. The District shall require the following: a. Transportation:

(1) Minimum Licensure: Commercial Driver’s License (CDL) Class B and S&P endorsement;

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(2) Driving Record Checks: Twice-a-year driving record checks;

b. Fleet Maintenance/Food and Nutrition Services/Maintenance/Warehouse: (1) Minimum Licensure:

CDL Class B License; (2) Driving Record Checks:

Twice-a-year driving record checks; c. Others:

(1) CDL Licenses: The District shall conduct a minimum of once-a year driving record checks on each employee not included above who holds a commercial driver’s license (CDL) as a requirement of their job classification;

(2) Non-CDL Licenses: The District may require a driving record check on any employee who operates a District vehicle.

2. If the record check produces negative results, employee’s supervisor and appropriate personnel in Human Resources shall confer on a case by case basis to determine employment decisions.

C. BUS DRIVER/MONITOR EMPLOYMENT AND OPERATION OF BUSES: The following shall be observed in the initial and continued employment of drivers and operation of buses: 1. Employment of School Bus Drivers:

a. School bus drivers shall be: (1) Recommended for employment by Human Resources; and (2) Approved and trained by Transportation.

2. Physical Examinations: a. Each school bus driver must have a physical examination in accordance with the

approved examination prescribed by Georgia Board of Education Rule 160-5-3-.08. b. Physical Agility Test:

Physical Agility Tests (PAT) will be conducted as part of the post-offer physical examination for new hires and for current employees returning from workers compensation or long-term leave (Administrative Rule EGAA-R [Workers’ Compensation]; (Administrative Rule GARH-R [Leaves and Absences]).

3. Applicant Requirements: Applicants for employment as a school bus driver must: a. Be at least 21 years of age; b. Drug/Alcohol Mandatory Testing:

Complete a drug/alcohol screening test at the beginning of employment. Thereafter all current and new hires are subject to random alcohol/drug testing throughout the year (Administrative Rule GCRA(1)-R [Drug Screening]) in accordance with Georgia Board of Education Rule 160-5-3-.15.

c. Satisfactorily meet the requirements of Georgia Board of Education Rule 160-5-3-.08 including: (1) Successful completion of District’s bus driver training program; and (2) Secure and maintain, at their own expense, the driver’s license required for bus

drivers (Also see licensure provisions of Administrative Rule EI (Risk Management). 4. If a potential employee does not pass the requirements of the physical agility test or the

physical examination, the potential employee’s supervisor and appropriate personnel in Human Resources shall confer on a case by case basis to determine employment decisions.

Adopted: 6/15/66 Revised: 5/8/74 Reviewed: 7/74; 8/13/75; 8/10/77 Revised: 5/10/78; 7/78; 9/23/82; 5/26/83; 8/8/84; 2/13/86; 6/19/86; 1/10/90; 6/27/91; 7/8/92; 3/28/96 Reclassified an Administrative Rule: 9/1/04 Revised: 2/10/10; 1/18/12 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBAC)

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Legal Reference Rule 160-1-3-.03 Infectious Diseases 29 CFR 1630.13 Prohibited medical examinations and inquiries 29 CFR 1630.14 Permitted medical examinations and inquiries 29 CFR 825.310 Fitness for duty certification

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GARC Employee Recruitment ?/?/12 The Cobb County Board of Education (Board) believes that a program of active recruitment of professional personnel is essential in attracting the most competent and qualified personnel to work with students of the Cobb County School District. The Board is committed to hiring, promoting, and retaining the best qualified persons for all positions; and will provide equal access, opportunity, and respectful treatment in all aspects of the employment process. The Cobb County School District (District) is an equal opportunity employer, and does not consider any legally-protected status in its employment actions regarding applicants and employees. The Superintendent or a designee shall be responsible for determining the personnel needs of the system and for locating suitable candidates to recommend for employment. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 35-03-0035 Dissemination of criminal history records O.C.G.A. 49-05-0110 Criminal background checks; definitions

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GARC-R Employee Recruitment ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) believes that an active recruitment program is essential to attract the most competent and qualified personnel to work in Cobb County schools. The Superintendent or designee shall develop regulations. The purpose of recruitment is to assist all units of administration under the jurisdiction of the Cobb County Board of Education (Board) with the recruitment of personnel. RULE: Recruitment of personnel shall be subject to the following:

1. Job announcements shall be sent to appropriate college/university placement offices which have the responsibility of assisting students in locating positions. Appropriate colleges and universities shall mean colleges and universities with approved preparation programs in the District's region of the state which corresponds to the region for the Regional Educational Services Director of the Department of Education.

2. Job announcements for specific positions need to contain the date of the announcement, the name of the contact person or office, address and/or telephone number, method of making application (letter of inquiry or telephone call), degree or degrees considered for position(s), type of Georgia certification needed, special qualifications, if any, and deadline date for making application, if applicable.

3. Job announcements shall be sent to Recruitment Services, State Department of Education. Posting of vacancies with Recruitment Services may be handled one of the following ways: a. A job announcement similar to the one sent to the colleges and universities may be

sent to Recruitment Services. To speed up the posting of vacancies, the District may telephone Recruitment Services, and the person answering the call will complete a form containing the information needed to post the vacancy(ies).

b. Job announcements may also be placed on the Internet. 4. Copies of specific job announcements sent to colleges and universities and Teacher

Recruitment should be kept on file in the Human Resources Division. The names of recipients should be included on the job announcement kept on file.

5. The Human Resources Division may also announce vacant positions in the legal organ of the county and to colleges and universities in other states.

6. The Human Resources Division may maintain involvement of an active recruitment team of current certificated personnel to contribute ideas and resources to assist in recruiting. This team may request and utilize outside resources as needed.

Effective: 1/28/88 Revised: 6/27/91; 1/13/99; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCE) Legal Reference O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 35-03-0035 Dissemination of criminal history records O.C.G.A. 49-05-0110 Criminal background checks; definitions

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GARD Employee Hiring ?/?/12 All employees shall be employed by the Cobb County Board of Education on the recommendation of the Superintendent. This recommendation will follow the completion of employment procedures established by the Superintendent and his/her staff in order to provide adequate screening of persons for employment. Adopted: 6/2/69 Reviewed: 5/8/74; 8/13/75; 8/10/77 Revised: 9/23/82; 5/26/83; 8/8/84 Reviewed: 6/19/86 Reclassified an Administrative Rule: 9/1/04 Revised: 1/27/05 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBD)

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GARE-R Employee Assignment ?/?/12 RATIONALE/OBJECTIVE: Each Cobb County School District (District) employee is assigned to a position which meets the needs of the District, commensurate with the employee's training, certification, years of experience and other appropriate factors. The District reserves the right to reassign employees to other duties, positions or locations within the District. RULE: The Human Resources Division provides the following written guidelines and procedures for the reassignment of employees. A. ASSIGNMENT/REASSIGNMENT OF FAMILY MEMBERS:

1. Assigning members of the immediate family to the same school or division of the District should be approved by Human Resources Division. Under no circumstances will an employee be assigned to supervise the activities or evaluate the performance of someone in his/her immediate family.

2. Immediate Family: For the purposes of this Rule, the term “immediate family” is defined as: a. The immediate family for purposes of this Rule is defined as:

(1) Spouse; (2) Children; (3) Mother; (4) Father; (5) Brother; (6) Sister; (7) Grandmother; (8) Grandfather; (9) Grandchild; (10) Mother-in-law; (11) Father-in-law; (12) Sister-in-law; (13) Son-in-law; (14) Daughter-in-law; (15) Brother-in-law; (16) Sister-in-law; or

b. Any relative living in the household of the employee. c. This Rule includes all step relatives as identified in this above.

B. EMPLOYEES MAY BE REASSIGNED FOR THE FOLLOWING REASONS:

The Superintendent and Human Resources, with Board approval as required, may administratively reassign employees in response to the following: 1. Cobb County Board of Education (Board) approval of:

a. Instructional changes based upon reorganization; b. Attendance zone changes due to movement of the student population, or the opening

or closing of schools; or c. The loss, reduction or addition of programs which create different personnel needs.

2. Changes in student enrollment in a school or a specific program. 3. Issues of harassment are involved (Board Policy SD-4 [Treatment of Staff]; Administrative

Rule GBAA [Sexual Harassment]).

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4. In the best interests of the District in order to meet the needs and requirements of the District.

C. EMPLOYEE REASSIGNMENT WILL FOLLOW THESE PROCEDURES: 1. Exempt Employees:

a. Employees who receive a District approved supplement in whole or in part (i.e. yearbook sponsor, coach, department head) for the school year in question are protected from reassignment.

b. Employees who are the only members of a department (i.e. music, art) or who are the only qualified employees of a specialty course (i.e. Advanced Placement Calculus) are protected from reassignment.

2. Determination of Needs: a. The Principal/Supervisor will evaluate the program for his/her school/department and

the resulting personnel needs. b. These personnel needs will be reviewed and approved by the Area Assistant

Superintendent. c. Human Resources Division will reassign identified employees in affected areas to meet

the school’s new personnel requirements. 3. Identification of Affected Areas:

The affected area for certified employees is determined as follows: a. Elementary School:

(1) Spring (End of School Year): At the end of the school year, affected areas shall be identified inclusive of the Early Intervention Program (EIP) by:

(a) Primary (Grades K-3); and (b) Intermediate (Grades 4-5).

(2) Fall (After School Year Begins): After the first day students report, affected areas shall be identified by Grade (i.e. 3rd, 5th) inclusive of the Early Intervention Program (EIP).

b. Middle School: (1) Spring (End of School Year):

At the end of the school year, affected areas shall be identified by: (a) Area (i.e., PE, Art, Connections classes such as Art, FACS, etc.); or (b) Identified subject area (i.e. social studies, reading, mathematics, science, etc.)

- Certifications must be appropriate. (2) Fall (After School Year Begins):

After the first day students report, affected area shall be identified by: (a) Specialty Areas (i.e., PE, Art, Connections classes such as Art, FACS, etc.); (b) Grade level (6th, 7th or 8th) first and then by identified subject area (i.e. social

studies, reading, mathematics, science, etc.) - Certifications must be appropriate.

c. High School: In both Spring and Fall, the affected area shall be identified by certification field (i.e. math 6-12, biology 6-12, broad field science 6-12).

d. Special Education: In both Spring and Fall, the affected area shall be identified by program (K-12).

4. Identification of Affected Employees: a. SPRING:

From the end of the school year through the last day of pre-planning for the upcoming school year the following procedures shall be followed: (1) The affected area shall be identified using the guidelines outlined above; (2) The Principal should meet with the teachers in the affected area at his/her school

to: (a) Communicate the number of teachers from that area to be reassigned; and (b) Ask for volunteers to be reassigned from the affected area.

(3) A list of volunteers from the affected area at the school will then be formulated by the Principal and forwarded to Human Resources.

(4) Volunteers will be interviewed by Principals with vacancies in the volunteer’s subject area/field within the timeframe designated by Human Resources.

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(5) Both the volunteer re-assignees and the receiving Principals have right of refusal. IMPORTANT NOTE REGARDING VOLUNTEERS: If, for example, a school is to lose one teacher from an affected area, the reassignment option for volunteers from the affected area at that school officially ends/closes once a volunteer from the school’s affected area has been selected by a receiving Principal to fill an existing District vacancy. Any other teachers who volunteered from the affected area at that school will no longer be eligible for reassignment as volunteers; however, they can apply to be considered as transfers, assuming that the guidelines for transfer eligibility have been met.

(6) If there are no volunteer re-assignees in the affected area or if no volunteer from the affected area is selected to fill an existing vacancy within the timeframe designated by Human Resources: (a) The Principal/Supervisor will identify the employee from the affected area who

has the least District seniority using the guidelines provided below; (b) The identified employee will become the designated re-assignee and will be

placed in one of the existing District vacancies in his/her subject/certification area.

b. FALL: After students report for the first day of the new school year: (1) No volunteers for reassignment will be solicited due to the time sensitive nature of

getting re-assignees in place quickly to form classes in new school locations. (2) Designated re-assignees from the affected areas will be identified according to the

procedures outlined in (6)(a) above. 5. Seniority:

The Principal/Supervisor will identify the employee from the affected area who has the least District seniority. District seniority is determined by the employee’s hire date in the District. Specifically: a. District hire date will be the effective start date of the employee’s current classification

(e.g. Classified or Certified). b. Human Resources Division will determine and provide the hire date of all employees in

the affected area and will verify which employee has the least District seniority. c. If two or more employees have the same:

(1) Hire date, the employee with the latest recommendation date stated on the Employee Action Form (EAF) from the Principal or supervisor for employment will be determined to have the least District seniority.

(2) Recommendation date, the employee with the latest date of application for employment will be determined to have the least District seniority.

(3) If a tie still exists, the employee with the least District seniority will be determined by lot.

d. An approved, long-term leave of absence does not interrupt District seniority, but does not add to accumulated seniority.

e. An employee who resigns, retires, or whose long-term leave of absence is terminated loses all District seniority rights. If the employee is rehired, District seniority begins anew on the rehire date.

6. Part-time Positions: Part-time Certified employees are not entitled to employment, full or part-time, beyond the term specified in their current agreement.

7. Effective Date: Reassignments will be effective with the new contract year.

8. Post-Reassignment Procedures: a. Once a transferee moves to his/her new school, he/she may be subject to

reassignment for the first semester due to loss of program or a decrease in student enrollment at the re-assignee’s new school. This prevents a newly transferred teacher/employee with more District seniority from displacing a teacher/employee currently on staff.

b. If an employee has been reassigned and a vacancy occurs in his/her original location up to five days before the first day that teachers/employees new to the District report,

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the Principal/Supervisor must contact the re-assignee and offer him/her the opportunity to return. The re-assignee has 24 hours to decide.

D. OPENING/CLOSING OF SCHOOLS:

Employee reassignment due to the opening or closing of schools will follow these procedures: 1. Human Resources Division will provide a written guide to employees and

principals/supervisors outlining the reassignment process and will assist employees and principals/supervisors in the implementation process.

2. The reassignment process will not create more than a ten percent loss in staff in any school’s overall teacher/employee population.

E. DISTRICT PREROGATIVE: The Superintendent may direct the Human Resources Division to make exceptions to the above assignment/reassignment provisions when: 1. It is in the best interest of the District in order to meet the needs and requirements of the

District. 2. It is necessary to meet NCLB’s requirement of equitable distribution of Highly Qualified

teachers in all schools throughout the District. Adopted: 6/15/66 Revised: 5/8/68; 2/11/70; 9/8/71; 5/8/74 Reviewed: 7/74; 8/13/75; 8/15/75; 7/28/77 Revised: 8/10/77; 9/23/82; 5/26/83; 8/8/84; 6/19/86; 1/10/90; 6/27/91; 9/22/94; 3/28/96; 5/14/97; 12/11/97; 2/10/99; 2/22/01; 3/22/01; 1/25/02 Reclassified an Administrative Rule: 9/1/04 Revised: 4/13/05; 11/14/07; 3/11/09; 2/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBN) Legal Reference: O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks

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GARF-R Employee Transfer ?/?/12 RATIONALE/OBJECTIVE: Each Cobb County School District (District) employee is assigned to a position which meets the needs of the District, commensurate with the employee's training, certification, years of experience and other appropriate factors. The District provides opportunities for employees to transfer from one work site to another within the District according to the personnel needs of the District. RULE: A. ASSIGNMENT/REASSIGNMENT OF FAMILY MEMBERS:

1. Assigning members of the immediate family to the same school or division of the District should be approved by Human Resources Division. Under no circumstances will an employee be assigned to supervise the activities or evaluate the performance of someone in his/her immediate family.

2. Immediate Family: For the purposes of this Rule, the term “immediate family” is defined as: a. The immediate family for purposes of this Rule is defined as:

(1) Spouse; (2) Children; (3) Mother; (4) Father; (5) Brother; (6) Sister; (7) Grandmother; (8) Grandfather; (9) Grandchild; (10) Mother-in-law; (11) Father-in-law; (12) Sister-in-law; (13) Son-in-law; (14) Daughter-in-law; (15) Brother-in-law; (16) Sister-in-law; or

b. Any relative living in the household of the employee. This Rule includes all step relatives as identified in this above.

B. ELIGIBILITY:

1. An employee may apply for a transfer to another school or department if he/she: a. Meets transfer requirements; and b. Has been recommended for employment for the next school year in the case of

certificated professional personnel. 2. Transfer Requirements:

An employee may apply to transfer to an equivalent position when the employee has served two consecutive years at the same work site or when the employee seeks to transfer to any of the following: a. A High Priority School; b. A different school level; c. From a position where there is no critical shortage to a position that is designated a

critical shortage area;

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d. To any newly designated employee category; or e. To a “Lead Teacher” position in any area.

C. PROCEDURES:

The following regulations will be observed in regard to transfer of employees: 1. Posting Requirements:

Lists of vacancies and related transfer information shall be posted online on the District’s Web site.

2. Prohibited Contacts: Administrators should not contact potential transfers until the official transfer forms have been made available.

3. Required Responses: (1) It is the responsibility of the Principal/supervisor at the requested school or work site to respond to the employee applying for a transfer. (2) Principals/supervisors will send a letter to all teachers/employees interviewed for transfer positions notifying them of the status of the vacancy.

4. Application Timeline: a. Certified Personnel:

(1) Requests for administrative positions are not processed through these transfer provisions.

(2) All applications for transfers of teachers must be made between February 15 and May 28 of the school year.

(3) Transfers for teachers will be finalized, except in extraordinary circumstances, by May 31.

b. Classified Personnel: Classified employees may apply for a transfer at any time if the employee has served two (2) consecutive years at the same work site.

5. Interview Requirement: Principals/supervisors or designees will interview a minimum of 1 transfer applicant for each staff opening.

6. Maximum Impact: The voluntary transfer process shall not create more than ten percent loss in staff in each school program.

7. Paperwork Requirements: a. All necessary forms must be completed and forwarded to Human Resources Division

before transfers will be processed. b. Transfers will be considered final after approval by the Superintendent and the Board

of Education. c. Personnel action forms will be sent to those employees whose requests for transfer are

approved. 8. Effective Date:

Transfers will be effective with the new contract year.

D. DISTRICT PREROGATIVE: The Human Resources Division may make exceptions to this Rule as it meets the needs of the District. This would include, but not be limited to, the District recruitment fairs.

Approved: 6/15/66 Revised: 5/8/68; 2/11/70: 9/8/71; 5/8/74 Reviewed: 7/74; 8/13/75; 7/28/77 Revised: 8/10/77; 7/1/81; 9/23/82; 5/26/83; 8/8/84; 6/19/86; 11/12/87; 6/27/91; 2/5/92; 2/3/93; 9/22/94; 3/28/96; 2/11/98; 1/12/00; 10/26/00; 1/25/02 Reclassified an Administrative Rule: 9/1/04 Revised: 7/1/05; 11/14/07; 2/10/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBNA) Legal Reference: O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks

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GARH-R Leaves and Absences ?/?/12 RATIONALE/OBJECTIVE: Employees of the Cobb County School District (District) are provided leaves of absence for a variety of purposes. Leave is defined as time granted to an employee to be absent from his/her work assignment according to specific terms. The District expects all employees to demonstrate punctual and regular attendance. Excessive tardiness and absenteeism result in ineffective and inefficient employee performance which does not support the District’s Vision of continuous improvement and is not conducive to increasing student achievement.

RULE: I. LEAVES The following are regulations that will be observed regarding leave for sick leave/short-term/long-term leaves of absence: A. EMPLOYEE’S FAMILY:

For purposes of leaves of absence, an employee’s family member is defined as the employee’s spouse, children, mother, father, brother, sister, grandmother, grandfather, grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or any relative living in the household of the employee and any step-relatives as identified in this definition..

B. SICK LEAVE/SHORT-TERM LEAVE:

Employees may use accumulated sick leave/short-term leave for the following: personal illness, family illness (as defined above), bereavement in the family and personal/professional reasons. 1. Personal Illness:

Personal illness is defined as an illness or injury of the employee or exposure of the employee to a contagious disease which would endanger other persons if the employee were on the job. a. Physical Violence:

Certified employees absent due to an injury due to physical violence by a student while they are engaged in the performance of their duties shall not be charged with sick leave for the first seven (7) workdays of absence resulting from a single injury. There should also be appropriate notification to Human Resources/Risk Management.

b. Notification: If the illness of the employee extends beyond one (1) day, the employee is responsible for keeping his/her Principal or immediate supervisor informed daily about the expected date he/she will return to work.

c. Report of Absence Form (FS 348): Sick leave for personal illness should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

d. Human Resources Notification: If the illness extends beyond ten (10) days, the employee is responsible for contacting the Benefits Office for appropriate paperwork.

e. Return to Work:

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An employee on sick leave/short-term leave of absence will be expected to return to the position on the first work day after the physician states that the physical disability no longer exists.

f. Physician’s Statement: (1) The District does require a physician’s statement if the employee has been absent

for nine (9) consecutive days of work (Form GARH-2 [Disability Certification]). (2) The District may require a physician's statement attesting that the employee was

absent due to illness if the employee is absent: (a) Five (5) or more consecutive work days; (b) Seven (7) or more non-consecutive work days; or (c) A series of work days that appear to occur in a pattern, such as a series of

Monday and/or Friday absences. (3) The District reserves the right to designate a physician, at the District’s expense, to

confirm the reason for an absence. The employee will have the right to participate in the selection of this physician to the extent that the employee can choose from a list of District approved physician’s given to the employee. In the event of unusual circumstances, the employee may utilize the services of a mutually agreed upon physician approved by Human Resources.

2. Family Illness: Family illness is defined as an illness or injury of any member of the employee's immediate family as defined in Section A above. a. Limits of Use:

(1) Absences are limited to five (5) consecutive days per occurrence per family member.

(2) If the employee needs to be absent beyond the five (5) days per occurrence of illness in the immediate family, unused personal leave may be taken.

b. Report of Absence Form (FS 348): Sick leave for family illness should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

c. Hardship: (1) If the employee, who has accumulated leave, requests to be absent in the event of

lengthy family illness that exceeds the provisions of this Rule, he/she may request a Hardship Leave Approval (Form GARH -3 [Request for Hardship Leave]) by the Benefits Office for a review of his/her request and determine if additional hardship leave is justifiable. (a) If approved, hardship leave allows the employee to use twenty (20) days of

his/her sick leave for an immediate family member's illness. (b) Medical documentation is required (Form GARH -2 [Disability Certification]).

(2) Extension: (a) Additional hardship leave may be requested (Form GARH -4 [Request for

Extension of Hardship Leave]).with appropriate medical documentation. (b) The maximum number of sick leave days available through Hardship Leave,

including the initial five (5) days, is up to a maximum of forty-five (45) days.

3. Bereavement: a. Family Member:

In the event of the death of any member of the employee's immediate family as defined in Section A above, a maximum of five (5) consecutive days of accumulated sick leave may be taken.

b. Non-Family Member: In the event of a death outside of the employee’s immediate family as defined above, the employee may use one (1) day of short-term leave per fiscal year.

c. Report of Absence Form (FS 348): Sick leave for bereavement should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

d. Hardship:

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If an employee, who has accumulated leave, submits a request for bereavement leave that exceeds the provision of this Rule, he/she may request a Hardship Leave (Form GARH -3 [Request for Hardship Leave]), as outlined in 2.b above.

4. Spousal Donation: a. Spouses within the District may exercise their option to participate in the District’s

Spousal Donation of Sick Leave Time Program (Form GARH -5 [Employee Donating Sick Leave to a Spouse Employed by the System]). Under specific circumstances a District employee may donate up to ten (10) sick leave days to his or her spouse. The spouse must also be an employee of the District, for the purposes of maternity, personal illness, illness of a family member, or death of a family member. Additional requirements also apply: (1) Both District employees must be a member of the District’s Catastrophic Illness

Leave Bank (CILB); (2) One spouse must have exhausted all available sick leave before being eligible to

receive the sick leave donation from his or her spouse; (3) Employees must be able to provide medical certification of illness/death, if

requested. (4) This is a one-time opportunity.

b. An employee may only exercise this option once during his/her employment with the District. An employee who has exercised the spousal donation option may request a subsequent spousal donation option by submitting a Hardship Leave Approval to the Benefits Office for a review of his/her request and determination if hardship leave is justifiable.

5. Personal/Professional: Eligible employees may utilize a limited number of days of short-term leave for personal and/or professional reasons. a. Maximum Days Allowed:

(1) Less Than 15 Years in the District: A maximum of three (3) days per school year of personal/professional leave will be available to all eligible employees who have less than 15 years experience in the District.

(2) 15 or More Years in the District: (a) Four (4) days per school year will be available for all eligible employees with

more than 15 years experience in the District. (b) Employees' years of experience will be evaluated as of June 30th and the

increase in personal days for the eligible employees will be effective July 1st of the new fiscal year.

b. Uses: (1) Personal leave is used by the employee to be absent from the job in order to

participate in activities/emergencies of a personal nature. (2) Professional leave is used by an employee to be absent from the job in order to

participate in conferences, meetings, and other activities of a professional nature when not representing the District.

c. Requests: (1) All requests for personal/professional leave must be made in advance and in writing

except in extreme emergencies using the Report of Absence Form (FS 348). (2) Such leave may be used for personal or professional reasons, provided prior

approval of the employee's absence is given by the employee’s Principal/Supervisor or designee.

(3) Employees seeking leave under this Rule will state whether the leave is "personal" or "professional."

d. Confidentiality of Reason for Request: Approval of an absence for personal reasons will not be conditioned upon disclosure of the specific purpose for which such absence is sought.

f. Denial of Request: (1) Excessive Absences:

The Superintendent/Principal/Supervisor or designee may deny all requests for personal/professional leave at any time that the actual or anticipated absences of a specific school/department/division on a given date reach 10% of the total staff.

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(2) Critical Days: Employee attendance on certain days, designated Critical Days, is crucial for effective school operation. Personal/professional leave cannot be used on these Critical Days. (a) The Leadership and Learning Division will declare which days are District-

wide Critical Days. (b) Principals/Supervisors may differentiate Critical Days for various employee

groups such as certificated or classified. (c) When emergency situations arise which necessitate an employee's absence for

personal/professional reasons on District-wide or school specific Critical Days, the Principal/Supervisor will approve or deny the request.

(d) School-Specific Critical Days: 1) Principals may declare school-specific Critical Days when faculty/staff

attendance is deemed critical for the well-being of students, the academic success of the school, or in response to emergencies. Examples include, but are not limited, to: a) Special events which create unstructured days for students (such as field

days) and/or bring large numbers of parents/guardians or other non-employees into the building;

b) State or District mandated testing; and c) School, regional or national disasters.

2) School-specific critical days may not be declared in an effort to reduce the number of employee absences on days routinely characterized by high absenteeism, such as Mondays or Fridays.

3) Principals are to submit their non-emergency school-specific Critical Days to the appropriate Area Assistant Superintendent for approval. These days should be part of the annual plan for covering classes when substitutes are not available.

4) In emergency situations, principals should confer with the appropriate Area Assistant Superintendent prior to declaring a school-specific Critical Day.

g. Accumulation: (1) Personal/Professional Accrual leave is deducted from the employee's accumulated

sick leave account. (2) When the maximum personal/professional leave days are not utilized in a fiscal

year, the unused days remain in the employee's sick leave account but do not accrue as additional personal/professional days for the subsequent fiscal year.

(3) An employee may not utilize more than three/four days, as determined by the employee’s experience in the District, of professional/personal leave during each fiscal year.

6. Short-term Military Leave: a. District employees are extended the right to short-term military leave of absence upon

receipt of official notification of call to active duty (includes National Guard or Reserve). This leave is not a part of the employee’s sick leave accrual.

b. When given a choice by the military, the employee will select the duty which will have the least detrimental effect on the employee’s job responsibilities. Upon receipt of official documentation, the employee shall be approved and granted up to eighteen (18) days of paid leave. The total number of approved short-term military leave days shall not exceed eighteen (18) days in any given fiscal year (October – June). Each leave approval requires new leave orders (official documentation and notification) to accompany the leave request. The employee will provide written documentation as to the duty being required and the required dates of duty should be submitted via submission of a completed Report of Absence Form. (FS 348).

7. Absences of Ten or More Consecutive Days: Employees/Supervisors are required to contact the Benefits Office if the employee's absence is expected to extend ten (10) consecutive days or more. Family Medical Leave Act provisions must be initiated if applicable. Insurance coverage must be monitored, and a supply teacher must be secured if appropriate.

8. Sick Leave/Short-term Leave Accrual:

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All eligible employees will be entitled to earn and use leave with full pay for sick leave/short-term absences as defined in this Rule. a. Beginning Employees:

(1) Beginning employees will be advanced five (5) days of leave, but will not earn additional leave until the end of the fourth month's service report.

(2) The beginning certified employee working less than an annual contract will be granted five (5) days of advanced leave upon completion of the first full day of work. The beginning employee will not be granted more leave days than can be earned during the school year.

(3) Employees transferring from other Georgia school systems with more than five (5) days of leave will not be advanced sick leave/short-term leave.

(4) Absence Without Leave but for Valid Cause: (a) Continued Absence:

An employee whose absences are due to a valid cause (see Section B above) who has exhausted his/her sick leave and who is not eligible for Family and Medical Leave or long-term leave (See Section C), will be permitted to remain absent without pay up to ten (10) additional work days for valid cause.

(b) Notification: 1) The Benefits Office will contact the employee to:

a) Inquire regarding his/her return to work; and b) Notify him/her of the specific dates of the additional ten (10) day

period. 2) The Benefits Office shall provide written notification to the employee via first

class mail of the ten (10) day period. (c) Additional Days:

The additional days, up to ten (10) work days, will begin the first day of absence following the exhaustion of the employee’s sick leave.

(d) At the conclusion of the additional ten (10) day period, the employee will be required to either return to work, establish eligibility for approved leave, or resign his/her position.

(e) Continued employee absence for valid cause but without available leave beyond the additional ten (10) day period will be considered job abandonment (See Section B.9.d).

(f) An employee who is separated from employment as a result of his/her continued absence without leave but with valid cause shall be eligible to reapply for employment with the District.

b. Accrual: (1) Employees will earn sick leave at the rate of 1-¼ days for each month of

service provided salary is earned for at least half of the work days in the service report period.

(2) Terminated employees will not earn sick leave for less than a complete month's work.

(3) Maximum: Employees' sick leave will be accumulated up to but not to exceed one hundred and twenty days. When an employee terminates service with the District, all accumulated leave will lapse unless the employee is re-employed within one (1) calendar year.

(4) Rate: This scale will be used to determine maximum annual accumulation of leave:

• 9 month employees (180 or 183 days) 11.25 days annually; • 9½ month employees (191 or 194 days) 11.875 days annually; • 10 month employees (200 days) 12.5 days annually; • 10½ month employees (210 days) 13.125 days annually; • 11 month employees (220 days) 13.75 days annually; • 12 month employees (240/260 days) 15 days annually.

(5) Unused Sick Leave/Short-term Leave: (a) Employees will not be paid for unused sick leave/short-term leave days

when employment with the District ends.

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(b) Retirement: Unused sick leave/short-term leave may be converted to service credit. Please contact the Benefits Office for specific details or Teacher Retirement System for additional information.

9. Unauthorized Absences: a. Employee absences for other than the reasons listed above are considered a violation

of this Rule by the employee unless the absences are officially approved in advance by the Superintendent or designee.

b. Loss of Pay: Such absences may result in the deduction from the employee's salary of a full working day's pay for each day absent.

c. Proof of Absence: The District reserves the right to require acceptable proof when there is doubt that an employee's absence is not a result of an approved reason as defined above.

d. Job Abandonment: Absences other than those above may be deemed job abandonment. A classified employee who is absent from duty three (3) or more consecutive work days without proper notification and authorization shall be deemed to have abandoned his/her position, absent extenuating or mitigating circumstances, and such abandonment shall be considered a voluntary resignation of employment.

10. Enforcement/Documentation Responsibilities: a. The Superintendent and administrative staff are responsible for enforcing policies of

the Cobb County Board of Education and District Administrative Rules relative to employee absences and maintaining adequate records on the absences of all employees.

b. Violations of this Rule may be grounds for dismissal. 11. Substitutes:

a. Adequate advance preparation must be made by teacher and administrators to see that the learning process for students continues with a minimum of interruption when absences are necessary.

b. The District will pay a substitute/supply teacher whose service is necessary to replace a teacher on sick leave/short-term leave. It is the responsibility of the Principal or designee to secure the substitute teacher from the approved list. Supply teachers are secured by Human Resources Division. Also see Administrative Rules GBA-R (Compensation Guides and Contracts) and GBRJ-R (Arrangement for Substitutes).

12. Temporary Employees: Temporary employees do not qualify for sick leave/short-term leave. The temporary employee will be notified on personnel action forms identifying the temporary status at the time of employment.

13. Units of Use: a. Exempt Employees:

Sick Leave/Short-term leave can be taken only in one-fourth, one-half, or full-day units for non-hourly employees.

b. Non-Exempt Employees: Employees on hourly payroll will be allowed to take leave as provided by the appropriate payroll system.

C. LONG-TERM LEAVE:

Eligible employees of the District may be granted a leave of absence without salary for a period of one year for personal illness, family illness, first year care of a child, adoption, educational, or military purposes. The following eligibility qualifications and regulations will be observed regarding a long-term leave of absence: 1. General Provisions:

a. Effective January 1, 2012 employees with a hire date of January 1, 2012 or greater must have at least three (3) years of continuous service with the District to be eligible for long-term leave. Employees with a hire date prior to January 1, 2012 are

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considered grand-fathered and the eligibility requirement remains as one year of continuous service.

b. The employee is on a leave from the District and not from a specific school, division or department.

c. The employee who is on long-term leave of absence and accepts employment with an agency other than the District may forfeit all leave privileges.

d. Temporary employees do not qualify for long-term leave benefits. e. An eligible employee may complete a Request for Long-term Leave form (Form GARH-

6 [Request for Long-term Leave of Absence]) and (Form GARH -11 [Request to Continue Benefits During Long-term Leave]).

2. Illness: a. Qualifying Situations:

A prolonged, confining illness of the employee or an immediate member of one's family as defined in Section A above may be considered. This provision does not include child care unless associated with a prolonged illness of the employee’s child.

b. Physician’s Statement: The request for health leave must be accompanied by a Completed Disability Certification Form (Form GARH-2 [Disability Certification]). Ongoing medical documentation will be required during the one-year period of health leave.

c. Return to Work: The Human Resources Division will make every effort to find a position for re-employment for eligible employees who are returning from leaves of absence. (1) The employee will be responsible for notifying the Benefits Office in writing not less

than three (3) months before the date he/she desires to return to a position with the District or not less than three months before the expiration date of the leave. The employee must submit a Request to Return from Leave Form (Form GARH-7 [Request to Return from Long-term Leave of Absence]).

(2) If the employee does not request re-entry in writing before the expiration date of the leave, all leave privileges may be automatically terminated.

(3) The employee must present a Release to Return to Work Form (Form GARH-8 [Release to Return to Work]) when he/she desires to return from a personal health leave to a position in the District: (a) The release must attest that the employee is physically and emotionally capable

of assuming the responsibilities of the position. (b) Should the District request additional information, the District and the employee

may designate, at the District's expense, a second physician to examine and/or evaluate the employee.

(4) An employee will not be permitted to return to his/her assigned duties for a period of less than ten (10) consecutive work days in order to reestablish his/her continuity of service. If an employee does not work at least ten (10) consecutive days following the return from long-term leave, he/she will automatically be returned to long-term leave status.

(5) The employee placed on long-term leave of absence will be considered for re-employment in the same status/category previously held if: (a) Acceptable medical documentation is received verifying that the employee is

able to assume the required duties of the position; (b) The employee possesses all the skills and the qualifications required for that

particular position; and (c) If such a position is available. Should a position of the same status/category not

be available, the employee may be offered a position at a comparable status/category or a position one level below his/her previous status/category until a position becomes available in the status/category held by the employee prior to being placed on long-term leave.

d. Leave Accounts: (1) During long-term leaves (not for personal health), accumulated short-term leave

will be maintained in the account of the employee. (2) Sick leave will not accrue during the long-term leave of absence. (3) For long-term personal health leave, long-term leave begins the first calendar day

after short-term leave has been exhausted.

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e. Termination of Leave of Absence: The leave of absence will be terminated at the expiration date of the leave if the employee declines an offer of employment in the same status or category previously held.

f. 120-Day Provision: When an employee has been absent for personal illness in excess of 120 working days, with or without pay, the: (1) Employee will be placed on long-term leave of absence. (2) The District reserves the right to place an employee on long-term health leave of

absence when it is projected and verified by a physician that the employee will be absent in excess of 120 working days.

3. First Year Care of a Child/Adoption: General Provision: District employees may be granted a long-term leave of absence for one year without pay for the purpose of first year care of a child (either birth or adoption). Requires completion of Request for Long-term Leave of Absence (Form GARH-6) and Request to Continue Benefits During Long-term Leave (Form GARH-11).

4. Educational: a. General Provisions:

(1) District employees may be granted educational leave of absence (Form GARH-6 [Request for Long-term Leave of Absence]) and (Form GARH-11 [Request to Continue Benefits During Long-term Leave]) for one (1) year without pay for the purpose of completing graduate college credit.

(2) This educational study must lead to an advanced professional certificate. (3) A letter of acceptance into an approved program will be required. Approved

professional education programs are based on established state standards. (4) The employee must:

(a) Complete a minimum of thirty (30) quarter hours, or the equivalent; or (b) Earn the next highest degree within the year of the granted leave of absence.

(5) Employees who occupy positions which do not require certification will be granted a long-term leave of absence for the purpose of completing requirements for a teaching certificate.

(6) Employees occupying classified or professional/technical positions may be granted a long-term leave of absence to earn a degree in a job related area. The employee must complete: (a) A minimum of thirty (30) quarter hours, or the equivalent; or (b) Certification requirements.

(7) An official transcript will be required at the end of the approved leave period. 5. Military:

No applicant or employee will be denied employment, re-employment, or any benefit of employment on the basis of membership in a uniformed service, application for membership in a uniformed service, performance of service, application for service, or obligation to perform service. a. General Provisions:

Employees will be granted long-term leave without pay (Form GARH-6 [Request for Long-term Leave of Absence]) and (Form GARH-11 [Request to Continue Benefits During Long-term Leave]) from the District for military service in the United States’ uniformed services provided the employee meets the following conditions. The employee: (1) Was not separated from service under other than honorable conditions or under

other conditions specified in 38 U.S.C. § 4304. (2) Gives advance written or verbal notice of an upcoming absence due to military

service. b. Term of Employment:

(1) If the employee completed a period of uniformed military service of less than thirty-one (31) calendar days, or if the employee was absent due to an examination to determine the persons' fitness to perform service, the employee must report his/her intention to return on the first work day after a time period including time

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for safe transportation from the site of the service to his/her residence, plus eight (8) hours.

(2) If the period of uniformed military service was between thirty-one (31) and one hundred and eighty-one (181) calendar days, the employee must submit the Request to Return from Long Term Leave (Form GARH-7 [Request to Return from Long Term Leave of Absence]) within fourteen (14) days after arriving home after the period of service.

(3) If the period of service was for more than one hundred and eighty (180) calendar days, notice must be given within ninety (90) days after arriving home.

(4) The above time periods may be extended if the employee is delayed by factors beyond the employee's control.

c. Failure to Provide Notice: Any day on which the employee fails to give any notice required by this Rule shall be deemed an unexcused absence and subject the employee to appropriate disciplinary action.

d. Rights and Benefits: (1) This Rule is intended to and shall impose only those rights, benefits, and obligations

as set forth in 38 U.S.C. § 4301 et seq. (2) The employee who is absent due to military service will be given all rights and

benefits not determined by seniority as any other employee would receive during furlough or leave of absence.

e. Return To Work: The employee is only entitled to reinstatement if the cumulative length of the employee's latest absence and all previous absence by reason of military service does not exceed five (5) years. This five (5) year period may be extended under certain conditions as provided in 38 U.S.C. § 4312. (1) An employee who returns to work under this Rule is entitled to the seniority and

other rights and benefits as though the person had remained continuously employed.

(2) An employee entitled to return to work shall return in: (a) The position which he/she would have held if his/her employment had not been

interrupted; or (b) A position of like seniority, status and pay, the duties of which the person is

qualified to perform, if the period of military service was more than ninety (90) days.

(c) A position of like seniority, status and pay, the duties of which the employee is qualified to perform, only if the person is not qualified to perform the duties set forth in the previous sentence after reasonable efforts of the District to qualify the person.

(3) Employees whose period of service was less than ninety-one (91) days, or persons who have a disability incurred in or aggravated during service, shall be returned to work in the position each person would have held if his/her employment had not been interrupted, if qualified, and the District shall make reasonable efforts to qualify the person or to accommodate the disability. If not qualified after reasonable efforts, these employees may be placed as provided in 38 U.S.C. § 4313.

(4) The District is not required to return to work any person if: (a) The District's circumstances have changed so as to make such returning to work

impossible or unreasonable; (b) Returning to work would impose an undue hardship on the District; or (c) If the employment left by the employee is for a brief, non-recurrent period and

there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

f. Experience Credit: An employee re-employed under this Rule will be given experience credit as though employed during the period of leave for the purpose of computing annual salary according to regulations of the State Board of Education.

g. Discharge: The employee returning to work after service may not be discharged for cause until:

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(1) One (1) year after the date of returning to work, if the period of service was more than one hundred and eighty (180) days;

(2) One hundred and eighty (180) days if the period of service was between thirty one (31) and one hundred and eighty (180) days.

D. MATERNITY/ADOPTION:

The following regulations will be observed regarding maternity/adoption leave: 1. The supervisor or employee must contact the appropriate administrator in the Benefits

Office to apply for maternity/adoption leave. If appropriate, Family and Medical Leave provisions may be initiated, insurance coverage monitored, and a supply teacher secured.

2. Employees are eligible to apply for up to 30 days of accrued paid sick leave for an adoption. With respect to childbirth, an employee is eligible to apply for accrued paid sick leave for the period of disability certified by their physician.

3. In cases where both parents are employed by the District, the combined amount of paid sick leave for the adoption of an infant is limited to thirty (30) work days. Sick leave is non-transferable, other than in the cases of Spousal Donation as outlined in Section B.4 above.

4. An infant is defined as a newborn for purposes of this Administrative Rule. 5. The Request for Maternity/Adoption Leave (Form GARH-10 [Request for Maternity-

Adoption Leave]) must be accompanied by the appropriate documentation. A certificate from the adoption agency or the attorney who arranges the adoption is required when maternity/adoption leave is requested due to an adoption. The statement must certify an adoption has occurred or is imminent. A disability certification form is required when maternity/adoption leave is requested for childbirth.

6. A copy of the official adoption papers must be sent to the appropriate administrator in the Benefits Office within ten (10) days of the adoption.

E. DIRECTED LEAVE:

Employees of the District may be provided directed leave to attend meetings and activities as representatives of the school District where such representation is beneficial to the District. Directed leave requires prior approval of the employee's supervisor. Absences resulting from directed leave will not be charged against the employee's accumulated leave account nor will they result in loss of pay. 1. Designated:

Administrators/Supervisors may select employees to attend conferences, meetings, and workshops.

2. Requested: Employees may request up to two (2) days per school year of directed leave for educational activities of their choosing to attend educational conferences, meetings, workshops and organizational activities. Administrators/supervisors will determine whether this directed leave is paid for by District funds or funds from other organizations.

F. LEAVE FOR LEGAL DUTIES:

Absences resulting from the following circumstances will not be charged against the employee's accumulated leave account nor will they result in loss of pay. 1. Employees will be allowed to serve on jury duty with no loss of pay. Employees serving on

Jury Duty should complete a Report of Absence Form (Form FS 348). 2. Employees who are subpoenaed as witnesses and who have no direct personal interest in

the proceedings will be allowed the absence with no loss of pay. II. ABSENCES A. GENERAL PROVISIONS:

District supervisors are expected to monitor attendance and promote high attendance standards among their staff. Recognizing the health and welfare needs of our employees and their families and in conformance with applicable state and federal laws, the District provides

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designated categories of leave for which employees may seek approval when circumstances dictate: 1. Administrative Rule GBRIG-R (Federal Family and Medical Leave Act) 2. Administrative Rule GARH-R (Leaves and Absences) 3. Administrative Rule GARK-R (Vacations)

B. IMPLEMENTATION:

Supervisors are expected to implement and enforce the District Staff Attendance Rule in accordance with the following provisions: 1. Ethics:

Leave approved for a designated purpose may not be used for any other purpose (Standard 4, Georgia Professional Standards Commission Code of Ethics). (See Administrative Rule GAGC-R [Employee Ethics])

2. Approved Absences: The following types of approved absences will not be counted against an employee’s annual attendance evaluation: a. First five days of scheduled absence for an illness-related reason (short-term leave); b. Approved leaves of absence as follows:

(1) Directed Administrative leave or suspension (Administrative Rule GBK-R [Professional Personnel Suspension]).

(2) First five days Bereavement leave (Administrative Rule GARH-R [Leaves and Absences]);

(3) FMLA: Leave granted under the Family Medical Leave Act (Administrative Rule GBRIG-R [Federal Family and Medical Leave Act]);

(4) Hardship leave (Administrative Rule GARH-R [Leaves and Absences]); (5) Jury duty (Administrative Rule GARH-R [Leaves and Absences]); (6) Military leave (Administrative Rule GARH-R [Leaves and Absences]); (7) Personal leave (Administrative Rule GARH-R [Leaves and Absences]); (8) Professional/Directed leave (Administrative Rule GARH-R [Leaves and Absences]); (9) Vacation leave (Administrative Rule GARK-R [Vacations]); (10) Worker’s Compensation leave (Administrative Rule EGAA-R [Workers’

Compensation]). 3. Acceptable Absences:

Other than and in addition to the absences listed in Section 2 above, the following chart defines what may be considered a reasonable level of absence from the job:

Employee’s Annual Work Calendar Number of Work Days*

180-189 days 6.5 190-194 days 7 195-209 days 7.5 210-239 days 8 240/260 days 9

*Supervisors of hourly employees shall convert the above number of work days to equivalent work hours.

C. GUIDELINES:

1. Refer to Section I. (LEAVES) above for specific requirements regarding requesting, approval and required documentation of leave.

2. Leave Category: Employees may not change an absence to a different leave category after the absence has occurred;

3. Discipline: a. Excessive Absences:

Absences in excess of the number of days identified in the above table within a fiscal year may result in corrective action consistent with progressive discipline (Rule GCQF). Supervisors should exercise discretion in the assignment of progressive discipline.

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b. Tardiness: Unexcused tardiness may also result in corrective action consistent with progressive discipline (Administrative Rule GBK-R [Professional Personnel Suspension]). Supervisors should exercise discretion in the assignment of progressive discipline.

Adopted: 8/10/77 Revised: 7/10/79; 7/1/81; 9/23/82; 5/26/83; 8/8/84; 2/13/86 Reviewed: 6/19/86 Revised: 2/28/91; 6/27/91; 9/22/94; 6/9/04 Reclassified an Administrative Rule: 9/1/04 Revised: 10/13/04; 7/1/05; 11/14/07; 2/13/08; 6/11/08; 2/10/10; 3/10/10; 4/13/11; 9/14/11 Revised and recoded; ?/?/12 (Previously coded as Administrative Rules GCC and GBEBD) Legal Reference: O.C.G.A. 20-02-0853 Accumulation of and payment for unused sick leave O.C.G.A. 20-02-0182 Program weights to reflect funds for payment of salaries and benefits O.C.G.A. 20-02-0850 Sick leave for teachers and other personnel O.C.G.A. 20-02-0852 Maternity leave O.C.G.A. 20-02-0870 Right to leave for jury duty or when subpoenaed O.C.G.A. 21-02-0404 Affording employees time off to vote O.C.G.A. 34-01-0003 Discrimination against employee for attending judicial proceeding in response to subpoena prohibited O.C.G.A. 38-02-0279 Rights of public officers and employees absent on military duty O.C.G.A. 45-20-0030 Leave of absence for blood donation O.C.G.A. 47-03-0092 Absence from employment due to sick leave; TRS creditable service 29 CFR Part 825 The Family and Medical Leave Act of 1993 - Regulations 29 USC 2601 Family and Medical Leave Act

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GARI-R Employee Evaluation ?/?/12 RATIONALE/OBJECTIVE: Employee evaluations seek to:

• Ensure high-quality instruction; • Comply with State law, Cobb County Board of Education (Board) Policy, and Cobb County School District (District) Rules; • Recognize outstanding performance; • Provide opportunities for two-way communication about goals and performance; and • Document objective information needed for decisions about assignments, transfers, and/or promotions.

RULE: All District employees will be notified annually of evaluation procedures during meetings held prior to October 1.

A. CERTIFICATED EMPLOYEES:

1. Timeline: A written annual evaluation shall be completed, signed, and provided to each certificated professional employee prior to April 1 of each year. Any administrator who fails to comply with this Rule which is in accordance with state law will be subject to discipline up to and including termination. Any administrator failing to comply with this Rule may be reported to the Professional Standards Commission. Information gathered from observations made on or after April 1 shall not be included in the evaluation conference held after that date. However, information gathered from observations made on or after April 1 may be included in a supplemental evaluation that must be held with the employee prior to May 20 if such a supplemental evaluation is deemed necessary.

2. Academic Gains: It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this Rule. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations.

B. OTHER EMPLOYEES: All other employees will be evaluated annually by the immediate supervisor prior to June 30 unless a special exception has been granted by the Superintendent or designee. In those instances in which an extension has been granted, the evaluation must be completed by October 1. In each case, the evaluation will encompass the prior school and fiscal year (July l-June 30).

C. GUIDELINES: The following regulations will be observed regarding the evaluation of employees: 1. Supervisors will be provided training in evaluation techniques; 2. Evaluation results will be reviewed with employees annually;

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3. Evaluations will be written, based in part on job descriptions, and staff development will be provided to address identified needs;

4. Board approved evaluation plans and procedures will be used to evaluate all employees in accordance with Georgia Board of Education rules and Georgia law.

5. A copy of the annual evaluation results will be provided to each employee. The original of each evaluation will be sent to the Human Resources Division for filing in the employee’s personnel file.

Adopted: 9/23/82 Reclassified an Administrative Rule: 9/1/04 Revised: 7/1/88; 6/27/91; 9/22/94; 3/28/96; 07/25/96; 2/22/01; 11/14/07; 8/13/08; 1/13/10 Legal Reference O.C.G.A. 20-02-0200 Regulation by Professional Standards Commission (PSC); certification requirements; effect of unsatisfactory evaluation O.C.G.A. 20-02-0210 Annual Performance Evaluation

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GARK-R Vacations ?/?/12 RATIONALE/OBJECTIVE:

The Cobb County School District (District) is aware that time away from one’s job rejuvenates employees physically and attitudinally, resulting in a positive impact on productivity and quality of work. In acknowledgement of this awareness, District employees who work an annual employment year are eligible to earn vacation leave.

RULE: A. VACATION:

1. Out-of-District Service: Employees who have educational experience outside of the District will be granted credit for up to five (5) years of service towards vacation accrual (see * in table below).

2. Vacation Leave Accrual: a. The rate of accrual of vacation leave is credited on the anniversary date of

employment. b. An employee’s vacation leave accrual rate is determined by a combination of his/her

years of employment in both education and the District. Employees who have been employed in the field of education: (1) Fewer than ten (10) years earn vacation leave at the rate of 5/6 day per complete

month of service up to an annual maximum of ten (10) vacation days per year (see ** in table below);

(2) Ten (10) years with a minimum of five (5) years in the District earn vacation leave at the rate of 1¼ days per complete month of service up to an annual maximum of fifteen (15) vacation days per year;

(3) Twenty (20) years of service with a minimum of fifteen (15) years in the District will earn vacation leave at the rate of 12/3 days per complete month of service up to an annual maximum of twenty (20) days of vacation leave *** in table below).

VACATION LEAVE ACCRUAL

COBB EXPERIENCE

(5 years minimum for prior years to

count) +

PRIOR

EDUCATION EXPERIENCE

(5 years maximum) =

TOTAL EXPERIENCE

(20 years maximum)

=

ACCRUAL RATE

PER MONTH

5/6 of Day Per Month Accrual Rate

1 year N/A 1 year 5/6 of day 2 years N/A 2 years 5/6 of day 3 years N/A 3 years 5/6 of day 4 years N/A 4 years 5/6 of day *5 years 0 5 years 5/6 of day 5 years 1 year 6 years 5/6 of day 5 years 2 years 7 years 5/6 of day 5 years 3 years 8 years 5/6 of day 5 years 4 years 9 years 5/6 of day

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1¼ Days Per Month Accrual Rate

5 years 5 years 10 years 1¼ days 6 years 5 years 11 years 1¼ days 7 years 5 years 12 years 1¼ days 8 years 5 years 13 years 1¼ days 9 years 5 years 14 years 1¼ days

**10 years N/A 10 years 1¼ days 10 years 5 years 15 years 1¼ days 11 years 5 years 16 years 1¼ days 12 years 5 years 17 years 1¼ days 13 years 5 years 18 years 1¼ days 14 years 5 years 19 years 1¼ days

12/3 Days Per Month Accrual Rate

15 years 5 years 20 years 12/3 days 16 years 5 years 21 years 12/3 days 17 years 5 years 22 years 12/3 days 18 years 5 years 23 years 12/3 days 19 years 5 years 24 years 12/3 days

***20 years N/A 20 years 12/3 days

3. Accumulation: a. Maximum Accumulation:

An employee may accumulate up to four (4) times the amount of vacation leave he/she earns annually.

b. Excess Accumulation: (1) Employee vacation leave accounts will be evaluated at the end of the fiscal year; (2) Employees will be notified if their vacation leave account exceeds the maximum

accumulation allowed; and (3) Any excess days not used by September 30 will be deducted from the employee’s

vacation leave account. 4. Use:

An employee may take accumulated vacation days at any time subject to the following guidelines and with the approval of his/her supervisor or the Superintendent or designee. a. Minimum Use Requirements:

(1) Each employee is expected to use half (½) of the number of vacation leave days earned each year, following this guideline. Employees earning: (a) 10 vacation days per year must use a minimum of 5 of those days within the

fiscal year in which they are earned; (b) 15 vacation days per year must use a minimum of 7 of those days within the

fiscal year in which they are earned; and (c) 20 vacation days per year must use a minimum of 10 of those days within the

fiscal year in which they are earned. (2) If an employee does not fulfill the above minimum use requirement, the

appropriate number of days will be deducted from his/her vacation leave account to equal the required minimum. Such deduction from the employee’s vacation leave account will be reflected in the employee’s July paycheck.

(3) Employees who have not been in a position earning vacation for one full fiscal year (July payroll service report period beginning date to June payroll service report end date) will not have their vacation leave account reduced for failure to fulfill the minimum use requirement.

b. Maximum Use Limitation: An employee may not: (1) Exceed the number of vacation days accumulated in their vacation leave account;

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(2) Use more vacation days in a fiscal year than he/she earns in the same fiscal year, unless he/she makes prior arrangements with h his/her supervisor and the Superintendent to use additional days accumulated in the employee’s vacation leave account; nor

(3) Combine two years’ vacation maximum uses with the first scheduled at the end of one fiscal year and the second at the beginning of another fiscal year without the prior approval of the Superintendent.

c. Critical Days: Approval for an employee to take vacation leave can be withheld for those days identified as critical days (Administrative Rule GARH-R [Leaves and Absences]), except with the advance approval of the immediate supervisor and the Superintendent or designee.

5. Reimbursement: a. Unused Vacation Leave:

An employee who resigns, retires, or changes from annual employment (240 days/260 days) to less-than-annual employment status (less than 240 days) will be reimbursed for accumulated vacation leave at the rate of 1/240th or 1/260th of the annual salary for each day of vacation accumulated up to the maximum described above.

b. Re-employment: A District employee who: (1) Was previously compensated for accumulated, unused vacation leave days at the

time of a voluntary interruption of service; and (2) Has returned to annual service in the District; may again earn and accumulate vacation leave days as provided in this Rule.

B. HOLIDAYS:

1. Holidays are identified on the appropriate District calendar (Administrative Rule ICA [School Calendar]).

2. 260-day annual employees receive thirteen (13) paid holidays per year as indicated on the District holiday schedule/calendar.

Approved: 2/14/73 Revised: 5/84/74 Reviewed: 7/74 Revised: 5/13/75 Reviewed: 7/28/77 Revised: 8/10/77; 7/27/78; 9/23/82; 5/26/83; 8/8/84 Reviewed: 6/19/86 Revised: 6/27/91; 5/10/95; 07/25/96; 6/28/01 Reclassified an Administrative Rule: 9/1/04 Revised: 8/13/08 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCD)

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GBA Compensation Guides and Contracts ?/?/12 The Superintendent or his/her designee shall establish a process for evaluating, verifying, documenting and awarding experience for placement of certified personnel on the state salary schedule in accordance with applicable State Board of Education Rules and certification rules established by the Professional Standards Commission. Certification requirements, if any, shall be specified in job descriptions for certified professional classifications and/or in any announcements that may be posted for available positions or vacancies. All reporting of personnel information shall be consistent with reporting requirements established by the Georgia Department of Education. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0212.2 National Board Certification O.C.G.A. 47-03-0127.1 Employment of retired teachers O.C.G.A. 20-02-0212.3 Increasing teachers' salaries in areas of shortage; criteria for determining shortage O.C.G.A. 20-02-0212.4 Teacher Salary Increase Based on Student Performance O.C.G.A. 20-02-0213 Career Ladder Programs O.C.G.A. 20-02-0213.1 Pay-for-performance for rewarding group activity O.C.G.A. 20-02-0214.1 High Performance Principals program O.C.G.A. 20-02-0212.5 Additional compensation for teachers in mathematics or science O.C.G.A. 20-02-0205 Georgia Master Teacher Program O.C.G.A. 20-02-0212.6 Limitation on salary increase for school superintendent or administrators O.C.G.A. 16-10-0021 Conspiracy to defraud the state O.C.G.A. 20-02-0182 Program weights to reflect funds for payment of salaries and benefits O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 20-02-0212 Salary schedules O.C.G.A. 20-02-0212.1 Georgia Teacher of the Year raise O.C.G.A. 20-02-0214 Salary schedule for principals; supplements O.C.G.A. 20-02-0218 Duty free lunch period for teachers in grades K-5 O.C.G.A. 20-02-0833 Additional payments to supervisors of student teachers Rule 160-4-3-.09 Extended-Year Technology/Career (Vocational) Education Projects Rule 160-4-3-.11 Extended Day Grant Program Rule 160-5-2-.05 Experience for Salary Purposes

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GBA-R Compensation Guides and Contracts ?/?/12 RATIONALE/OBJECTIVE: It is the intent of the Cobb County School District (District) to compensate all certificated and classified employees fairly and consistently. RULE: A. SALARIES:

Salaries of certificated personnel will be determined by the type of Georgia certificate held and the number of years of experience approved by the appropriate authority. Proper procedures for salary payments will be established by the Superintendent and designated personnel.

B. EXTENDED DAY/YEAR:

1. Extended Day: Extended day shall be defined as additional time available (a maximum of one period/segment per day with additional salary) for teachers at elementary, middle, and high school levels to work/teach: a. Beyond the regular eight-hour day to provide instruction to students; or b. An additional period/segment during the regular eight-hour day with planning made up

beyond the eight-hour day. 2. Extended Year:

Extended year shall be defined as the additional time available (a maximum of 40 days per school year with additional salary) for elementary, middle, and high school level teachers to provide instruction to students.

3. Guidelines: a. Additional Pay:

(1) Additional pay must be provided to professional personnel whose academic duties require them to work an extended school day or school year. Work for which additional pay is provided will be adequately described and appropriate payment schedules established.

(2) The Superintendent is authorized to determine job descriptions, payment schedules, and payment procedures for the implementation of this Rule.

b. Staff Selection and Responsibilities: (1) Extended day/year teachers must be approved by the Principal based on their

meeting the approved criteria and activities. (2) The base salaried teacher is to perform such tasks as teaching and teacher

preparation, staff meetings, conference with students and parents/guardians, planning conferences and related school activities in the community and extra class responsibilities.

c. Qualifying: The extended day/year salary time must be scheduled to meet program responsibilities and student needs beyond tasks expected to be performed by teachers during the regular eight hours.

C. SUPERVISION IN ABSENCE OF A SUBSTITUTE: 1. In extraordinary circumstances and only after a Principal or designee has used every effort

to secure a substitute with no success, the Principal or designee may assign a teacher or teachers to cover classes during the teacher’s planning time.

2. Annual Plan: a. Principals shall annually develop a written plan to

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(1) Assure fairness and equity in the assignment of teachers to cover classes when a substitute cannot be secured; and

(2) Identify school-specific critical days as provided in Administrative Rule GARH-R (Leaves and Absences).

b. These plans shall be submitted to the appropriate Area Assistant Superintendent for approval.

D. OATH OF ALLEGIANCE:

Employees must have on file an Oath of Allegiance. E. EMPLOYEE EXTENDED DAY/YEAR SALARIES:

The District establishes the following criteria that apply to all instructors receiving extended day/year salaries: 1. The extended time required will be beyond the employee's normal workday and year as

defined in Administrative Rule GBRC (Professional Personnel Work Loads) and Board Policy AEA (School Calendar);

2. All approved extended instructional activities will relate to instructional student competencies approved in Administrative Rule IDA (Student Competencies for Basic Program);

3. Instructors will be limited to teaching one segment out of field; 4. Payments will be made only for work actually performed; 5. Monthly/yearly documentation of extended salary time and program responsibilities will be

maintained and reported to the Georgia Department of Education. F. CONTRACTS:

1. Employment contracts of certificated professional personnel shall be in writing and be signed in duplicate by such personnel on their own behalf and by the Superintendent on behalf of the Cobb County Board of Education (Board).

2. By April 15 of each year, (or later, if allowed by law) the Board shall tender new contracts for the ensuing school year to all certificated personnel who were on the District’s payroll at the beginning of that school year, except personnel who have resigned or who have been terminated, or notify such personnel that they will not be rehired for the ensuing school year. Such notification shall be in writing.

3. All contracts will contain the following statement: “Final salary schedules will be available for teachers on July 1 and all other certificated professional personnel on August 1.These schedules will indicate the annual salary and will be available on the HR section of the District Website at……………. “

G. SALARY DETERMINATION/PAYMENT: Salary determination and payment will be as follows: 1. Human Resources:

The following items will be properly processed in the Human Resources Division: a. Valid Georgia in-field certificate and/or license; b. Information Data Sheet; c. Process employment eligibility verification (I-9); d. Oath of Allegiance; e. Retirement System number or application form, if applicable; f. Copy of military discharge, if applicable (DD-214); g. College transcripts (undergraduate and graduate) and/or other appropriate educational

credentials; h. Experience verification form, if applicable; and i. Consent form for background check.

2. Required Employee Information: All employees of the District will be responsible for reporting any change in name (must be accompanied by new Social Security Card reflecting employee's current name), home address or withholding tax information. This information must be submitted in writing, using the proper forms, to the appropriate division.

3. Payment:

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a. Personnel, other than annual employees, who are employed on the beginning date of the contract year will be paid in equal monthly installments from August through July.

b. Personnel, other than annual employees, who are employed after the beginning date of the contract year may have their first check adjusted. The remainder of their salary will be paid in equal monthly installments through July. Employees can request to receive 1/12 of their annual salary through the month of May and receive the balance due paid in two equal installments in June and July.

c. Personnel whose employment ends before the May service report period ending date will be paid salary due at the next scheduled payday.

4. Payroll Deductions: Deductions from employees' salaries will be made for: a. Federal and state taxes as provided by law; b. Appropriate retirement systems (Teachers' Retirement System [TRS] or Public Schools

Employees' Retirement Systems [PSERS]) and supplemental retirement program; c. Social Security; d. Medical, cancer, life and dental insurance, if authorized by the employee; e. Salary for days absent in excess of allowable leave; f. Repayment of money the employee owes to the District; g. Other deductions approved by the Board and authorized by the employee.

5. Credit for Experience Out of the District: Certificated employees new to the District will be placed at step one of the appropriate salary and certification level. Upon receipt of verified experience and a valid in-field certificate, the salary will be appropriately adjusted. Teaching experience gained outside the District in an accredited, Georgia-recognized program will be credited year for year.

6. Inability to Obtain Certificate: a. If the employee is unable to be properly certified as specified by the Georgia

Professional Standards Commission, the employment contract shall be terminated. b. In the event the District was unaware of the employee's inability to be certified in

Georgia, or to maintain necessary certification, the employee's daily rate of pay shall be adjusted to that of a supply teacher retroactive to the beginning date of employment under this contract or to the date the certificate became invalid, whichever is more recent.

c. Salary adjustments can be made only during the current fiscal year. 7. Student Teacher Supervision:

a. Payment: Certificated employees directly supervising student teachers may receive remuneration from colleges/universities for the supervision and evaluation of student teachers. Such payments should comply with the following procedures: (1) Funds will be submitted to the District’s Financial Services Division. In addition, the

college/university should include each teacher's name, Social Security number and the amount to be disbursed.

(2) The Financial Services Division will disburse appropriate payment to the specified teachers.

b. Qualifications: The supervising teacher must meet the following qualifications: (1) Hold a valid Georgia certificate in the field(s) in which the supervised student

teacher will be practicing; (2) Meet all requirements as prescribed by the college or university; (3) Have demonstrated successful teaching experience; and (4) Have the approval of the Principal and the appropriate District administrator.

8. Special Pay Provisions: All categories of special pay require the prior approval of the employee’s principal/supervisor. See Administrative Rule GCRD-R (Classified Personnel Overtime Pay) for additional information. a. Overtime:

The District has approved the use of overtime as provided in Administrative Rule GCRD-R (Classified Personnel Overtime Pay).

b. Holiday Pay: (1) Definitions:

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(a) Holiday pay is defined as the non-exempt employee’s regular pay rate times 1½.

(b) Holidays are defined as the holidays recognized on the District’s “Hourly Employee Holidays” calendar.

(2) Eligibility/Qualifying Circumstances: During holidays, the District will make every effort to limit the occasions in which a non-exempt employee may be requested to perform work for the District. However, the District recognizes that in certain extenuating circumstances, which are typically beyond the control of the District, it may have to call on certain employees to assist with District operations. In light of those circumstances, non-exempt employees will be eligible to be paid at the holiday rate of pay for all hours worked during a holiday when the employee is directed to report to work on one of the District’s paid holidays.

(3) Holiday Pay: In order to be paid an hourly holiday pay for working on a scheduled holiday, an eligible non-exempt employee who is directed to report to work on the scheduled holiday must: (a) Have worked the workday before said holiday; and (b) Work the workday after said holiday.

(4) Unauthorized/Unapproved Work: An employee who reports to work on a holiday situation without prior authorization from his/her principal/supervisor may be subject to disciplinary action for violating this Rule’s requirement for prior direction/approval.

9. Withholding Salary Step: The District shall withhold a step increase for any employee who receives an unsatisfactory annual evaluation during the annual evaluation period. If the employee is on a step plateau at the time the step increase is withheld, that employee will remain on the step plateau an additional year.

10. New Teacher Orientation Certificated professional personnel new to the District, except those not on a 190-day contract, but including those teachers who have been out of the District for at least twenty-four months will be paid a supplemental stipend as a condition of their contract for the required New Teacher’s Orientation Days.

Adopted: 6/15/66 Revised: 5/74; 8/13/75 Reviewed: 7/28/77 Revised: 8/10/77; 7/27/78; 9/23/82; 5/26/83 Reviewed: 8/8/84 Revised: 6/19/86; 8/28/86; 11/25/86; l/28/88; 1/10/90; 6/27/91; 9/22/94; 3/28/96; 06/10/96; 05/14/97; 07/09/97; 08/13/97; 07/22/99; 12/09/99; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 12/9/04; 11/14/07; 5/14/08 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBC) Legal Reference O.C.G.A. 20-02-0212.2 National Board Certification O.C.G.A. 47-03-0127.1 Employment of retired teachers O.C.G.A. 20-02-0212.3 Increasing teachers' salaries in areas of shortage; criteria for determining shortage O.C.G.A. 20-02-0212.4 Teacher Salary Increase Based on Student Performance O.C.G.A. 20-02-0213 Career Ladder Programs O.C.G.A. 20-02-0213.1 Pay-for-performance for rewarding group activity O.C.G.A. 20-02-0214.1 High Performance Principals program O.C.G.A. 20-02-0212.5 Additional compensation for teachers in mathematics or science O.C.G.A. 20-02-0205 Georgia Master Teacher Program O.C.G.A. 20-02-0212.6 Limitation on salary increase for school superintendent or administrators O.C.G.A. 16-10-0021 Conspiracy to defraud the state O.C.G.A. 20-02-0182 Program weights to reflect funds for payment of salaries and benefits O.C.G.A. 20-02-0211 Annual contract; disqualifying acts; fingerprinting; criminal record checks O.C.G.A. 20-02-0212 Salary schedules O.C.G.A. 20-02-0212.1 Georgia Teacher of the Year raise

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O.C.G.A. 20-02-0214 Salary schedule for principals; supplements O.C.G.A. 20-02-0218 Duty free lunch period for teachers in grades K-5 O.C.G.A. 20-02-0833 Additional payments to supervisors of student teachers Rule 160-4-3-.09 Extended-Year Technology/Career (Vocational) Education Projects Rule 160-4-3-.11 Extended Day Grant Program Rule 160-5-2-.05 Experience for Salary Purposes

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GBB-R Personnel Positions ?/?/12 RATIONALE/OBJECTIVE: The Superintendent and his/her staff will develop job descriptions for each area of employment. Approved job descriptions will be maintained by the Human Resources Division. RULE: The immediate supervisor shall annually provide each employee a copy, written or electronic, of his/her job description no later than the last day of pre-planning, within the first week of their reporting to work if hired following pre-planning, or as soon as reasonably practical thereafter. Job descriptions are available at any time from the Human Resources Division. Adopted: 5/8/74 Reviewed: 7/74 Revised: 8/13/75 Reviewed: 7/28/77 Revised: 8/10/77; 9/23/82; 5/26/83; 8/8/84 Reviewed: 6/19/86 Revised: 6/27/91; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBO) Legal Reference: O.C.G.A. 20-02-0180 Essential educational resources as basis for base amount and program weights O.C.G.A. 20-02-0181 Calculation of program weights to reflect base school size O.C.G.A. 20-02-0184 Program weights to reflect funds for media specialists O.C.G.A. 20-02-0240 Powers and dutes of SBOE O.C.G.A. 20-02-0695 Employing attendance officers in addition to visiting teachers Rule 160-4-8-.05 Guidance Counselors

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GBBA-R Personnel Qualifications and Duties ?/?/12 RATIONALE/OBJECTIVE: All employees holding positions in the Cobb County School District (District) for which certification granted by the Professional Standards Commission is required must be eligible for certification prior to the effective date of employment and must maintain proper certification during employment. RULE: A. PROFESSIONAL:

Certified professional personnel are those employees whose salary is based on a certified teacher, a service, or certified administrator salary schedule.

B. PARAPROFESSIONAL:

Paraprofessional personnel are those employees whose salary is based on the paraprofessional salary schedule. A paraprofessional is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional’s job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional.

C. RENEWAL OF CERTIFICATION:

1. Employees whose certificates expire must meet State and District requirements for renewal or extension prior to the next school year. The District abides by state regulations concerning salary reimbursement and certification requirements.

2. Course work may be earned through District staff development or through equivalent college or technical school courses. Employees who complete courses at colleges and/or technical schools must submit official transcripts to the Human Resources Division prior to the expiration date of their certificates.

3. Professional Learning Units (PLU) and Staff Development Units (SDU) may be earned through attendance at conferences or workshops, or online opportunities offered by professional associations and approved for PLU/SDU credit by the credit by the Georgia Professional Standards Commission, Georgia Department of Education or the District.

D. REQUIREMENTS:

All certificated professional and paraprofessional employees must meet the requirements of District recognized incentive or grant programs; the Laws of the State of Georgia; the State of Georgia Board of Education (including State Standards), the State of Georgia Professional Standards Commission; the Southern Association of Colleges and Schools and its parent organization, AdvancED; and the Georgia High School Association.

E. TERMINATION:

Employees not meeting these requirements may be terminated according to state law, Board Policy and District Rules.

F. ADVANCE APPROVAL: Employees who seek advance approval for courses for which they are not certain will meet the District’s requirement should submit a written request for approval to the Human Resources Division prior to enrolling in the course.

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Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCFC) Legal Reference O.C.G.A. 20-02-0206 Alternative teacher certification program O.C.G.A. 20-02-0200 Regulation by Professional Standards Commission (PSC); certification requirements; effect of unsatisfactory evaluation O.C.G.A. 20-02-0982 Georgia Professional Standards Act - purpose O.C.G.A. 20-02-0990 Legislative findings re: public education in Georgia O.C.G.A. 43-44-0007 License requirements/exemptions for speech-language pathologists and audiologists O.C.G.A. 43-44-0008 Requirements for licensure for speech-language pathology or audiology Rule 160-4-8-.05 Guidance Counselors 20 USC 6319 Qualifications for teachers and paraprofessionals

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GBK-R Discipline, Suspension, and Dismissal of Staff ?/?/12 GSBA Refence: GBK (Professional Personnel Suspension)

RATIONALE/OBJECTIVE:

The Cobb County School District (District) expects its employees to protect the health, safety and general welfare of students and fellow employees. The District seeks to ensure the citizens of Cobb County a degree of accountability within the education profession and to help define conduct justifying disciplinary action. Employee discipline seeks to:

• Address incidents of inappropriate employee conduct; • Prevent reoccurrences of inappropriate employee conduct; • Remediate poor job performance; • Address violations of the Code of Ethics for Educators promulgated by the Georgia

Professional Standards Commission (Administrative Rule GAGC-R [Employee Ethics]). RULE: A. PROGRESSIVE DISCIPLINE:

1. The District utilizes progressive discipline in which disciplinary actions normally follow a gradually escalating path. However, depending on the seriousness of the offense, more than one progressive discipline action may occur simultaneously or it may be determined that progressive discipline is not appropriate and any disciplinary action may be imposed. The action taken should be consistent with precedent in similar situations, appropriate to the offense, and documented. An employee who holds a certificate with the Georgia Professional Standards Commission may be reported at any time for a violation of the Code of Ethics for Educators.

2. All administrators and supervisors will utilize progressive discipline in the treatment of all employees under their supervision. Permission must be obtained from the Professional Standards and Ethics office prior to an administrator/supervisor making an exception to this process. The failure of an administrator/supervisor to obtain such permission may result in disciplinary action.

B. DISCIPLINARY CONFERENCE: 1. A Disciplinary Conference is described as any conference held, whether requested by the

administrator/supervisor or the employee, related to a Suspension Without Pay, Demotion, Reprimand by the Superintendent, Termination, or Nonrenewal.

2. Annual performance evaluation conferences are not considered Disciplinary Conferences. 3. All employees shall be allowed to have an individual of their choosing, excluding attorneys,

spouses, and immediate family members (as defined in Administrative Rule GCC), present in any Disciplinary Conference. a. Employees must notify their administrator/supervisor prior to the scheduled

disciplinary conference that they will bring a representative and provide the name of that person.

b. Based on reasonable cause, with the approval of the Chief Human Resources Officer or the Director of Professional Standards and Ethics, the District reserves the right to exclude an individual from serving as a representative in a disciplinary conference.

4. The administrator/supervisor must, except in cases involving extraordinary circumstances, provide the employee with a minimum of 24 hours advance notice of the Disciplinary Conference date, time and location.

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5. Employees may audio tape record a Disciplinary Conference in lieu of having a representative. a. If an employee indicates they will make an audio recording of the conference, the

administrator/supervisor shall also make an audio recording of the proceedings and maintain this recording in the employee’s file.

6. An administrator/supervisor should not schedule a Verbal Counseling or Disciplinary Meeting with an employee at any level during the lunch time of the employee, except under extraordinary circumstances.

7. An employee who receives a letter of direction from their administrator/supervisor may submit a written rebuttal letter to the supervisor within ten (10) business days.

C. PROFESSIONAL DEVELOPMENT PLANS: 1. If an employee’s performance or behavior is less than satisfactory, the principal or

supervisor should consider placing the employee on a Professional Development Plan (PDP) to address specific area(s) of concern. The purpose of the plan is to help the employee achieve satisfactory performance or behavior using a structured approach within a specific time frame. NOTE: Nothing in this rule prevents an employee from discussing the PDP with a representative prior to or after the PDP meeting.

2. Except in rare cases involving prior approval from Human Resources, an employee should be given written feedback regarding the specific area(s) of concern prior to being placed on a PDP, and the employee should be given a reasonable opportunity for remediation prior to the initiation of a PDP.

3. Failure to successfully complete a PDP may result in disciplinary action.

D. INVESTIGATIONS: 1. Employees are required to cooperate and provide assistance with any type of investigation

conducted by the Professional Standards and Ethics office. This includes activities such as cooperating in interviews, answering questions related to the performance of official duties, producing requested documents, and polygraph examinations. Failure to adhere to these requirements will be considered insubordination and may result in disciplinary action.

2. Pending an investigation or outcome thereof, an employee may be placed on Administrative Leave with Pay.

3. Employees may only be placed on Administrative Leave with Pay by the Chief Human Resources Officer or his/her designee.

Adopted: 8/13/08 Revised: 9/9/09; 1/18/12; 6/13/12 Revised and re-coded: ?/?/12 (Previously coded as Administrative Rule GCQF) Legal Reference O.C.G.A. 20-02-0940 Grounds/procedure for terminating or suspending contract of employment (Fair Dismissal law)

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GBRC Professional Personnel Work Loads ?/?/12 Work schedules for teachers and other employees will comply with State Board of Education Policy and requirements of appropriate accrediting agencies.

LENGTH OF DAY: 1. Certificated Employees:

a. The minimum work day for certificated employees will be defined as eight hours and the minimum work week will be defined as forty hours.

b. Certificated employees will work a minimum of 7½ hours each day at the school. The employee will be required to spend an additional thirty minutes per day or 2½ hours per week for the purpose of parent conferences, planning conferences, teacher preparation, related school activities, extra-curricular activities, and staff meetings.

2. Paraprofessionals: The work day for paraprofessionals will be defined as 7½ hours, and the work week will be defined as 37½ hours. The paraprofessional will be compensated for any additional time worked.

LUNCH: 1. Elementary Teachers:

State law (O.C.G.A. § 20-2-218) requires that elementary school teachers have a duty-free lunch period of not less than thirty consecutive minutes per day. Elementary school principals must insure that a duty-free lunch period is provided daily for teachers. Exceptions to this may occur only as permitted by O.C.G.A. § 20-2-218.

2. All Employees: It shall be a priority that employees receive a time for lunch, which may include student supervision in the cafeteria. This is particularly of concern when teachers and others are required to attend meetings which occur during their general lunch time. Principals/supervisors or designee should ensure that food and time to consume it are available.

STAFF DEVELOPMENT/INSERVICE/PROFESSIONAL LEARNING DAYS: Days to be used for District professional learning, local school planning, or teacher workdays shall be so designated on the Cobb County School Board approved calendar: 1. District Professional Learning Days:

District professional learning days are reserved for professional learning opportunities planned and scheduled at the District level including, but not limited to, Curriculum and Instruction and/or School Leadership activities.

2. Local School Planning Days: Local school planning days may include any activities the Principal deems necessary for the day including, but not limited to, school-planned inservices, structured subject/grade level collaboration/planning, student grade reporting, and individual teacher preparation. The Principal or designee shall establish and publish, in either written or electronic form, a schedule for the day.

3. Teacher Workdays: Teacher workdays are set aside for individual teacher activities including, but not limited to, class/conference preparation, classroom set-up, and storage/packing for the summer. The Principal or designee shall establish and publish, in either written or electronic form, a schedule for the day, which may include faculty/staff social activities

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and/or a brief faculty meeting to provide directions for or answer questions regarding the day.

All administrators shall comply with the above designations as indicated on the Board- approved calendar.

Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07; 2/13/08 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCL) Legal Reference O.C.G.A. 20-02-0168 Distribution of federal funds; summer school programs; year-round operation O.C.G.A. 20-02-0218 Duty free lunch period for teachers in grades K-5 Rule 160-5-1-.02 School Day and School Year for Students and Employees

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GBRG-R Non-School Employment ?/?/12 RATIONALE/OBJECTIVE:

Employees of the Cobb County School District (District) are prohibited from receiving dual pay for services rendered during the regular working hours.

RULE: A. GENERAL PROVISIONS:

1. Should an employee be receiving more than one salary, the employee must forfeit his/her regular pay or the payment from the other agency, organization or individual.

2. Employees may receive payment for services rendered while on vacation leave, jury duty, personal leave, or for services performed other than during the regular work day.

3. Employees who have extra-curricular responsibilities, whether or not they receive supplemental pay from the District for those responsibilities, may accept reasonable payments from sponsoring support organizations for their additional services to the District.

B. DUAL PAY INVOLVING LEAVE:

District employees are not eligible to receive dual compensation from earned leave and workers' compensation insurance during leave for illness or injury. A choice must be made by the employee as to which of these benefits the employee will receive.

C. GRANTS:

District employees who wrote the application for or who coordinate/direct/manage the implementation of a grant awarded to the District may not receive supplemental pay from grant funds unless: 1. The District assigns the employee to supervise the implementation of a grant awarded to

the District independent from actions taken by the employee; 2. The supplemental pay is approved by the employee’s immediate supervisor, division head

and the Superintendent. D. SCHOOL SUPPORT ORGANIZATIONS:

The following shall be observed in regards to payments received from school support organizations as defined in Administrative Rule KF (Use of School Facilities) and the activities for which the payments were made: 1. Employees who accept payments from school support organizations for extra-curricular

responsibilities, whether or not they receive supplemental pay from the District for those responsibilities, must comply with all reporting requirements of state and federal law and regulations, including Internal Revenue Service requirements.

2. School support organizations that make reasonable payments to employees for extra-curricular responsibilities must comply with all reporting requirements of state and federal law and regulations, including Internal Revenue Service requirements.

3. Payments from school support organizations to employees who have extra-curricular responsibilities are voluntary recognitions of the additional services provided to the District by these employees. Employees are prohibited from soliciting or requiring such payments as a condition of their accepting or continuing the extra-curricular responsibility.

4. Employees who have extra-curricular responsibilities and who accept reasonable payments from school support organizations for their additional services to the District are required to annually report (Form GBRG-1) no later than June 30 such payments to the Principal of the school in which the extra-curricular activity took place. Principals will file the

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completed Forms GBRG-1, which will be subject to review by Internal Audit during the school audit process.

5. Any activity occurring during the employee’s workday must have the prior approval of the Principal.

6. Proposed co-curricular or extra-curricular activities that exceed the programs approved and supported by the District, must have the prior approval of the Principal and the appropriate District supervisor or Area Assistant Superintendent.

7. Activities, whether during the school day, co-curricular or extra-curricular must comply with the following: a. Use of school facilities must comply with Administrative Rule KF (Use of School

Facilities). b. Use of school equipment must comply with Administrative Rule ECAD (District Property

Replacement / Restitution). c. Fund raising activities must comply with Administrative Rule JJE (Student Activities:

Fund Raising Activities). Adopted: Prior to 7/74 Reviewed: 7/74; 8/13/75; 8/10/77 Revised: 9/23/82; 5/26/83; 8/8/84 Reviewed: 6/19/86 Revised: 9/22/94; 12/11/03 Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07; 1/14/09 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBCD)

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GBRGB-R Tutoring for Pay ?/?/12 RATIONALE/OBJECTIVE: Cobb County School District (District) recognizes that it may be improper for employees to receive remuneration of any form from students assigned to them. Therefore, employees involved in tutoring/instructing students outside the school day shall adhere to District Rules and the Georgia Code of Ethics for Educators. RULE: A. GEORGIA CODE (CODE) OF ETHICS FOR EDUCATORS:

1. Standard 6 of the Code, “Improper Remunerative Conduct”, states that, “an educator should maintain integrity with students, colleagues, parents, patrons, or businesses when accepting gifts, gratuities, favors, and additional compensation.”

2. Standard 6 of the Code, defines unethical conduct to include, but not be limited to: a. “Tutoring students assigned to the educator for remuneration unless approved by the

local board of education/governing board or superintendent; and b. “Coaching, instructing, promoting athletic camps, summer leagues, etc. that

involves students in an educator’s school system and from whom the educator receives remuneration unless approved by the local board of education/governing board or the superintendent.”

B. COBB COUNTY BOARD OF EDUCATION (BOARD)/SUPERINTENDENT APPROVED PROGRAMS: 1. Private tutoring for pay whether by an employee or non-employee must be done off

campus. Private tutoring for pay by an employee shall not include students assigned to the employee.

2. School-Administered Programs: a. School-administered programs are those initiated at the local school level to

provide tutoring outside the school day in a program developed by the individual school.

b. District employees may be employed for pay as instructors and/or supervisors in school administered programs. District employees may also utilize school facilities, materials or equipment for the purpose of tutoring students for pay in a school administered program when approved by the Superintendent or Area Assistant Superintendent.

c. Approval for school-administered programs must be requested by the Principal. d. Written requests must be submitted to the Area Assistant Superintendent thirty

(30) days in advance and include the following information: (1) Name of program; (2) Purpose of program; (3) Students to be served; and (4) Funding of the program.

e. Approval for school-administered programs must be re-submitted annually. f. Fiscal management must be administered by the school. g. District employees may be employed for pay as instructors and/or supervisors in

school-administered programs. 3. District-Wide Programs:

a. District-wide programs are those initiated at the Central Office level and approved by the Superintendent or Chief School Leadership Officer.

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b. District employees may be employed for pay as instructors and/or supervisors in district-wide programs. District employees may also utilize school facilities, materials or equipment for the purpose of tutoring students for pay in an approved district-wide program.

C. SCHOOL SUPPORT ORGANIZATION PROGRAMS: The term "private tutoring for pay" does not include activities performed by District employees engaged by school support organizations, as defined in Administrative Rule KF (Use of School Facilities) using school facilities for fundraising activities, provided the school support organization adheres to the following: 1. The use of school facilities by school support organizations for fundraising must be in

compliance with District Administrative Rule KF (Use of School Facilities). 2. Fiscal management must be administered by the sponsoring school support

organization. 3. Compensation paid to employees by school support organizations must comply with

the provisions of Administrative Rule GBRG-R (Non-School Employment).

Reclassified an Administrative Rule: 9/1/04 Revised: 10/26/06 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCRD)

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GBRIB(1) Catastrophic Illness Leave Bank ?/?/12 GBSA Referece: GBRIB(1) Professional Personnel Sick Leave Bank The Cobb County Board of Education seeks to provide a Catastrophic Illness Leave Bank (CILB) in accordance with O.C.G.A. § 20-2-850. Employees who elect to become members of the CILB are required to contribute part of their accumulated sick leave to the Bank. Members may withdraw sick leave from the Bank only in accordance with the procedures established by the Cobb County School District Superintendent and Catastrophic Illness Leave Bank Committee. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0850 Sick leave for teachers and other personnel

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GBRIB(1)-R Catastrophic Illness Leave Bank ?/?/12 GBSA Referece: GBRIB(1) Professional Personnel Sick Leave Bank RATIONALE/OBJECTIVE: The Cobb County School District (District) provides a Catastrophic Illness Leave Bank for all employees who wish to join. RULE: A. GENERAL PROVISIONS:

1. Minimum Participation: The Catastrophic Illness Leave Bank (Leave Bank) shall be maintained on a continuing basis provided there is a minimum participation of two hundred (200) employees.

2. Required Contribution: Employees who elect to participate shall contribute one (1) day initially and thereafter as requested from their accumulated short term leave account (Administrative Rule GCC [Short-Term/Long-Term Leaves and Absences]).

3. Leave Bank Withdrawal: Employees may withdraw sick leave days only within the guidelines established by the Catastrophic Illness Leave Bank Committee and in accordance with this Administrative Rule and applicable Human Resources regulations.

B. CATASTROPHIC ILLNESS LEAVE BANK COMMITTEE:

1. Membership: The Catastrophic Illness Leave Bank shall be administered by a Catastrophic Illness Leave Bank Committee (CILBC) consisting of nine (9) employees randomly selected from a list of names consisting of elected representatives from each of the following departments: a. Non-administrator certified employee, elementary school; b. Non-administrator certified employee, middle school; c. Non-administrator certified employee, high school; d. School based administrator; e. Central office administrator; f. Classified employee, elementary; g. Classified employee, middle school; h. Classified employee, high school; i. Classified employee, central office (non-administrative); j. Human Resources administrator (ex-officio); and k. Medical Consultant if available (does not vote).

2. Term of Service: a. Committee members will serve for three years; b. The appropriate Benefits Specialist for Human Resources will oversee the procedure for

filling vacancies. 3. Officers:

The CILBC shall annually elect a chair, a vice chair, and a secretary. 4. Quorum:

For the CILBC to conduct official business: a. A quorum of CILBC members must be present; and b. The ex-officio member must be present.

5. Responsibilities: The CILBC shall: a. Establish guidelines for administering the Catastrophic Illness Leave Bank.

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b. Have the responsibility of receiving, verifying, and approving or denying requests for Catastrophic Illness Leave Bank withdrawals.

6. Guidelines: a. The CILBC shall render a decision on all applications received at its next scheduled

meeting; b. The decision:

(1) Must reflect a majority of the Catastrophic Illness Leave Bank Committee members who are present;

(2) Shall be final and binding; and (3) Is not subject to appeal.

c. The CILBC members shall use the following criteria in administering the bank and in rendering their decisions: (1) Medical documentation of illness/injury; (2) Use of all accumulated short term leave; (3) Review of attendance records; and (4) The definition of a catastrophic illness as contained in this Rule.

C. CATASTROPHIC ILLNESS:

1. Definition: For the purpose of the Cobb County Schools Employee Catastrophic Illness Leave Bank, a catastrophic illness is defined as a permanent and continuous condition caused by disease, illness, or injury.

2. Certification: A physician, after personally examining the individual, shall certify in writing that the medical condition found during the course of the examination is such that: a. There is no reasonable expectation the individual may be able to return to work within

the following six (6) months; or b. Death of the individual from this condition would likely occur as a result of the disease,

illness, or injury within one year without the application of life-sustaining procedures. D. CATASTROPHIC LEAVE BANK:

1. Records Retention: a. All records of the Catastrophic Illness Leave Bank (Bank) shall be maintained by the

Payroll Department of the Financial Services Division. b. The CILBC shall inform the Payroll Department of:

(1) Applications it approves; and (2) The amount of additional leave granted the employee.

2. Membership: a. Voluntary:

Membership in the Bank is voluntary. b. Eligibility:

Any employee may become a member of the Bank if he/she: (1) Is entitled to accumulate short term leave in the District (Administrative Rule

GARH-R [Leaves and Absences]); and (2) Has been employed 120 consecutive days.

c. Required Donation: (1) To join the Bank, the employee must initially donate one day of his/her

accumulated short term leave during an announced annual open enrollment period; (2) The donation of one short term leave day to establish membership must be

deposited in writing on the form provided by the District; (3) Members will be assessed additional short term leave days on an as needed basis; (4) Non-Refundable:

Donations of short term leave to the Bank are not refundable and not transferable. d. Continuous:

Membership in the Bank is considered continuous unless written notice of withdrawal of membership is received by the Catastrophic Illness Leave Bank Committee within the enrollment period of a subsequent year.

e. Liability Requirement:

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Each employee joining the Bank shall sign the form provided by the District stating that he/she relieves the Catastrophic Illness Leave Bank Committee and the Cobb County School District from any liability as a result of action taken by the Catastrophic Illness Leave Bank Committee.

3. Withdrawal Procedures: a. Eligibility:

A member of the Bank: (1) Shall be eligible to submit an application for withdrawal from the Bank provided

that he/she has been absent due to catastrophic illness/injury as defined in this Rule at least ten (10) consecutive work days;

(2) May be eligible to participate in the Spousal Donation of Sick Leave Time Program as provided in Administrative Rule GARH-R (Leaves and Absences).

b. Application by Others: In the event that a member is physically or mentally unable to submit an application for withdrawal from the Bank, a family member or agent may file the request on the member's behalf.

c. Required Form: All applications to withdraw days from the Bank shall be filed with the CILBC on Form GBRIB-1 (Catastrophic Illness Leave Bank Request Form).

d. Certification: (1) Physician’s Statement: Form GBRIB-1 shall be accompanied by a physician's

statement verifying illness and attesting to the individual's incapacity to perform assigned duties as required above.

(2) Medical Review: An applicant may be requested to undergo at his/her own expense a medical review by a physician approved by the CILBC.

4. Grant of Additional Leave Days: a. Maximum Grant:

Additional leave days granted by the CILBC shall not exceed twenty (20) work days annually (July l-June 30).

b. Use: Additional leave days granted by the CILBC may be used only for personal illness of the employee.

c. Additional Request: An employee who has been granted less than twenty days by the CILBC may request additional days, if the need is warranted, before days originally granted have been exhausted.

d. Unused Days: All leave granted but not used by the employee must be returned to the Bank.

e. Repayment: Short term leave granted to an employee by the CILBC does not have to be repaid except as all members are uniformly assessed.

Adopted: 9/28/89 Revised: 7/11/90; 6/27/91; 9/26/96; 10/24/96; 7/23/98; 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 1/13/10 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCCAG) Legal Reference O.C.G.A. 20-02-0850 Sick leave for teachers and other personnel

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GBRIG Federal Family and Medical Leave Act ?/?/12 The Cobb County Board of Education (Board) recognizes the occasional need for time away from work to participate in early child rearing and the care of family members who have serious health conditions. As such, the Cobb County School District (District) will follow the provisions of the Family and Medical Leave Act ("Act") as adopted by the U.S. Congress on February 5, 1993, and which became effective August 5, 1993. The Board does not intend by this policy or any accompanying rule(s) to create any additional rights to leave not provided by the Act. Any portion of this policy or accompanying rule(s) inconsistent or contrary to the Act is unintentional and shall not be given effect. As to the interpretation of this policy, the Board's employees should look to the Act itself and its regulation. Employees who apply for and are granted a family and medical leave of absence are required as a condition of leave to meet the notification and documentation requirements specified in any rule(s) issued in connection with this policy. The Superintendent shall establish and maintain procedures as needed to meet these requirements and implement this policy. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0852 Maternity leave 29 CFR Part 825 The Family and Medical Leave Act of 1993 - Regulations 29 CFR 1604.10 Employment policies relating to pregnancy and childbirth 29 USC 2601 Family and Medical Leave Act

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GBRIG-R Federal Family and Medical Leave Act ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) provides eligible employees limited unpaid leave for designated qualifying events in accordance with the Family and Medical Leave Act (FMLA). RULE: A. APPLYING FOR FAMILY AND MEDICAL LEAVE:

1. Employees who desire to apply for Family Medical Leave should contact the District Benefits Office for information and the appropriate paperwork, Request for Leave Under the Family and Medical Leave Act (Form GARH-1): a. The application should be submitted at least thirty days prior to the beginning of the

leave when reasonable advance planning is possible; b. Family Medical Leave begins the first day that the employee is absent from work due to

the qualifying event; c. If 30-day notification is not provided for a foreseeable leave, the District may delay the

start of the leave. 2. The FMLA provides that an employer may require an employee seeking leave under the

FMLA to provide sufficient facts to support the request for leave. The Benefits Office will provide the employee requesting leave with designated documents which must be completed and received back in the Benefits Office BEFORE the employee may retain the benefit of FMLA-protected leave. Failure to do so may result in a denial of the employee’s FMLA request. FMLA applicants have fifteen calendar days to return forms to the District. Employees will receive written FMLA approval confirmation from the Benefits Office.

B. BASIC LEAVE ENTITLEMENT:

1. Qualifying Reasons for 12 Workweeks of Unpaid Leave: An eligible employee (See Section H. Glossary) is entitled to a combined total of 12 workweeks of unpaid leave during a 12 month period (See Section H. Glossary) for the following reasons: a. For incapacity due to pregnancy, prenatal medical care, or childbirth; b. To care for the employee’s child after birth, or placement for adoption or foster care;

entitlement to leave for a birth or placement of a child expires at the end of the 12 month period beginning on the date of the birth or placement;

c. To care for the employee’s spouse, child, or parent who has a serious health condition; and

d. For a serious health condition that makes the employee unable to perform the functions of his/her job.

e. For a qualifying exigency leave arising out of the fact that the eligible employee’s spouse, child, or parent is a covered military member on active duty or call to active duty status (See Section H. Glossary) in the National Guard or Reserves in support of a contingency operation. (An employee whose family member is on active duty or call to active duty status in support of a contingency operation as a member of the Regular Armed Forces is not eligible to take leave because of qualifying exigency.) One or more of the following are qualifying exigencies: (1) Short-notice Deployment:

Leave may be used for up to seven (7) calendar days beginning on the date the covered military member is notified of the impending call to active duty, if the notification is seven (7) or less calendar days prior to the date of deployment.

(2) Military Events and Related Activities:

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Leave may be used to attend any official military ceremony, program, or event related to the active duty or call to active duty status or to attend certain family support or assistance programs and informational briefings.

(3) Childcare and School Activities: Leave may be used to: (a) Arrange for alternative childcare under certain circumstances; (b) Provide childcare on an urgent, immediate need basis; (c) Enroll in or transfer to a new school or daycare facility when necessary; or (d) Attend meetings with staff at a school or daycare facility when necessary.

(4) Financial and Legal Arrangements: Leave may be taken to make or update various financial or legal arrangements to address the covered military member’s absence while on active duty; or to act as the covered military member’s representative before a federal, state, or local agency in connection with military service benefits.

(5) Counseling: Leave may be taken to attend counseling (by someone other than a health care provider) for the employee, for the covered military member, or for a child or a dependent of the covered military member when necessary as a result of the active duty or call to active duty status.

(6) Rest and Recuperation: Leave may be used to spend time with a covered military member who is on short-term, temporary, rest-and-recuperation leave during the period of deployment. Eligible employees may take up to five days of leave for each instance of rest and recuperation.

(7) Post-Deployment Activities: Leave may be taken to attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of 90 days following the termination of the covered military member’s active duty status. This leave also addresses issues that arise from the death of a covered military member while on active duty status.

(8) Additional Activities: Leave may be taken to address other events arising from the military duty provided that the District and employee agree that such leave shall qualify as an exigency and agree to the timing and duration of such leave.

2. Military Caregiver Leave: An eligible employee (See Section H. Glossary) is entitled to 26 workweeks of leave during a single 12-month period (See Section H. Glossary) to care for a family member with a serious injury or illness (See Section H. Glossary) related to certain types of military service. The family member must be a covered servicemember (See Section H. Glossary). The employee must be the spouse, son, daughter, parent, or “next of kin” (See Section H. Glossary) of the covered service member. Service members may specifically designate in writing another blood relative as their nearest blood relative for purposes of this leave. (Form GBRIG-5 [Next of Kin Verification Form]) a. If the employee does not take all of their 26 workweeks of leave entitlement to care for

a covered servicemember during the single 12-month period, the remaining part of his/her 26 workweeks of leave entitlement to care for the covered servicemember is forfeited.

b. An eligible employee may be entitled to take more than one period of 26 workweeks of leave if the leave is to care for different covered servicemembers or to care for the same servicemember with a subsequent serious injury or illness. However, no more than 26 workweeks of leave may be taken within any single 12-month period.

c. Employees are not entitled to take leave to care for former members of the Armed Forces, former members of the National Guard or Reserves, or servicemembers on the permanent disability retired list.

3. Multiple Leave Qualifications within the Single 12-Month Period: a. An eligible employee is entitled to a combined total of 26 workweeks of leave for any

FMLA-qualifying reasons during the single 12 month period, but the employee is entitled in that period to no more than 12 weeks of leave for any other types of FMLA leave (i.e., birth of a child, placement of a child, serious health condition of the

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employee or family member, or qualifying exigency). For example, an employee may, during the single 12-month period, take 16 weeks of FMLA leave to care for a covered servicemember and 10 weeks of FMLA leave to care for a newborn child.

b. If a leave qualifies as both leave to care for a covered servicemember and leave to care for a family member with a serious health condition during a single 12-month period, the District must designate such leave as leave to care for the covered servicemember in the first instance. Such leave shall not be designated and counted as both leave to care for a covered servicemember and leave to care for a family member with a serious health condition.

C. REQUIRED CERTIFICATION:

1. General Provisions: An employee requesting FMLA leave for the care of a spouse, parent, or child with a serious health condition for the employee's own serious health condition, or for the care of a family member who is a covered servicemember with a serious illness or injury shall be support the leave requested by a certification issued by the health care provider of the employee; of the child, spouse, or parent of the employee; or of the covered servicemember. To meet this obligation, the health care provider shall complete the appropriate District certification form, which requests only information permitted by FMLA. (Form GARH-1 [Request for Leave Under the FMLA]; Form GBRIG-1 [Certification of Health Care Provider for Employee’s Serious Health Condition];Form GBRIG-2 [Family Member’s Serious Health Condition Certification]; Form GBRIG-4 [Military Caregiver Leave Certification]).

2. Exigency: a. The first time an employee requests leave due to a qualifying exigency arising out of

active duty or call to active duty status of a covered military member, the employee shall provide a copy of the covered military member’s active duty or other military documentation which indicates the appropriate military status, the dates of the active duty status, and certification that provides details of the leave. (Form GARH-1 [Request for Leave Under the Family & Medical Leave Act]; Form GBRIG-3 [Qualifying Exigency Certification])

b. If the need for exigency leave arises out of a different active duty or call to active duty status of the same or different covered military member, a copy of new active duty orders or other documentation issued by the military will be required, and the employee shall provide certification regarding the leave. (Form GARH-1 [Request for Leave Under the Family & Medical Leave Act]; Form GBRIG-3 [Qualifying Exigency Certification])

3. The employee must provide complete and sufficient certifications to the District. The District shall notify the employee in writing if it finds a certification to be incomplete or insufficient, and the written notification shall state what additional information is necessary. The employee shall have seven (7) calendar days to cure the deficiencies identified. If the resubmitted certification does not cure the deficiencies, the District may deny the taking of FMLA leave.

4. After providing the employee the opportunity to cure any deficiencies in the certifications for leave requested for the employee’s own serious health condition or the serious health condition of a family member, the District may directly contact the health care provider to authenticate and/or clarify the certification. Authentication is limited to providing the health care provider with a copy of the certification and requesting verification that the certification form was completed and/or authorized by the health care provider who signed the document. Clarification means contacting the health care provider to understand the handwriting on the certification or to understand the meaning of the response. a. Only the District’s health care provider, human resources professional, leave

administrator (including a third-party administrator), or management official shall make the contact with the employee’s health care provider. An employee’s direct supervisor shall not make these inquiries.

b. Prior to contacting the employee’s health care provider to clarify the certification, the District shall obtain a valid HIPAA Privacy Rule authorization from the employee. If the employee chooses not to provide the authorization to the District and does not

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otherwise clarify the certification, the District may deny the taking of the FMLA leave if the certification is unclear.

5. Second and Third Opinions: a. The District reserves the right, at its own expense, to designate a second health care

provider who is not District employee or who is not regularly utilized by the District to provide a second opinion concerning any information in the certification;

b. If the second opinion differs from the opinion in the original certification, the District may require, at its own expense, a third opinion from a health care provider approved jointly by the District and the employee;

c. A third opinion, should it be necessary, shall be final and binding. 6. Return to Work:

a. Prior to the employee's return to work from leave for his/her own serious health condition, the District shall require the employee to provide certification by his/her health care provider that the employee is able to resume work by submitting a completed Form GCC-8 (Release to Return to Work Form);

b. The employee shall not return to the worksite until the Benefits Office has: (1) Received the employee’s completed Form GARH-8; and (2) Contacted the employee, advising him/her to return to work.

D. IMPACT ON EMPLOYEE BENEFITS:

Employment benefits accrued by the employee before leave is taken will not be altered by the employee's absence under this Rule. 1. Benefits:

a. Health: The employee is entitled to continuation of group health benefits during the leave period: (1) Once it is confirmed that an employee will not receive a District paycheck, the

Benefits Office will bill the employee directly for all benefit coverage for which he/she is currently enrolled, at the applicable rate;

(2) While the employee is covered by FMLA, once billed, the employee’s health portion is forwarded to the State Health Benefit Plan (SHBP);

(3) Once Family and Medical Leave expires, the employee will be billed at non-FMLA rates;

(4) The District facilitates initial billings for SHBP; (5) If an employee fails to return to work after the leave period has expired, the

District may recover the health benefits premium expenditures it expended on behalf of the employee during the unpaid leave period, except if the reason is the continuation, recurrence, or onset of either a serious health condition of the employee or the employee’s spouse, parent or child; or a serious injury or illness of a covered servicemember; or other circumstances beyond the employee’s control.

b. Others: The Benefits Office will also bill the employee for all local benefits (for example, optional life, dental, and vision insurance). Employees should send all remittances for health (SHBP) and local benefits directly to the Benefits Office.

2. Return to Work: Upon return, the employee is entitled to restoration to the same position or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

3. Non-Accrual/Non-Accumulation: An employee will not accrue/accumulate employment benefits such as step credit, vacation, or short-term leave during any unpaid period of leave.

E. OTHER LEAVE PROVISIONS: 1. Paid Leave:

An eligible employee’s accrued paid short term and/or vacation leave will be used in accordance with the requirements of and as provided by existing District Rules and regulations in conjunction with all or any part of the relevant workweeks of unpaid leave provided by this Rule. The use of paid leave (short term and/or vacation leave) shall be consistent with District Rules and regulations.

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2. Intermittent or Reduced Leave: Leave taken for the serious health condition of an eligible employee's spouse, child, or parent, for the employee's own serious health condition, or illness of a covered servicemember may be taken intermittently or on a reduced leave schedule (See Section H. Glossary) when medically necessary. Leave due to a qualifying exigency may also be taken on an intermittent or reduced leave schedule. a. Scheduling:

If an employee needs leave intermittently or on a reduced leave schedule for planned medical treatment, the employee shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the District, subject to approval of the employee’s, family member’s, or covered servicemember’s health care provider.

b. Possible Reassignment: If the employee requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on a planned medical treatment for the employee, a family member, or a covered servicemember, the District may reassign the employee temporarily to an available alternative position for which the employee is qualified with equivalent pay and benefits and which better accommodates recurring periods of leave than does the employee's regular position.

c. Instructional Employees: If an eligible instructional employee (See Section H. Glossary) requests intermittent leave or leave on a reduced leave schedule that is foreseeable based on a planned medical treatment for the employee’s serious health condition, for a family member with a serious health condition, or for a covered servicemember and the employee would be on leave for more than 20 percent of the total number of working days over the period the leave would extend, the District may: (1) Require the instructional employee to take full-day leave for a period or periods of a

particular duration that is not greater than the duration of the planned treatment; or

(2) Temporarily reassign the employee to an alternative position as described in the preceding paragraph.

F. INSTRUCTIONAL EMPLOYEES:

1. An eligible instructional employee may be required to continue his/her leave until the end of a semester when the employee begins the leave: a. More than five weeks before the end of the semester, the leave will last at least three

weeks, and the employee would return to work during the three week period before the end of the semester.

b. For a purpose other than the employee's own serious health condition: (1) During the five week period before the end of a semester, the leave will last more

than two weeks, and the employee would return to work during the two week period before the end of the semester;

(2) During the three week period before the end of a semester and the leave will last more than five workdays.

2. If an eligible employee is required to take leave until the end of the semester, only the period of leave until the employee is ready and able to return to work shall be charged against the employee’s FMLA leave entitlement.

G. SPECIAL PROVISIONS: 1. The District may deny restoration under this Rule to an employee whose salary is in the

highest 10% of the employees employed by the District if such denial is necessary to prevent substantial and grievous economic injury to the District's operations.

2. In cases where both spouses are employed by the District, the combined amount of unpaid leave for childbirth, adoption or foster placement of a child, the care for the child after birth or placement, or serious health condition of a parent is limited to twelve (12) workweeks.

3. Record Keeping: The Benefits Office shall make, keep, and preserve records showing compliance with the Family and Medical Leave Act of 1993 and in accordance with the Fair Labor Standards Act of 1938 and FMLA federal regulations.

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H. GLOSSARY:

1. Active Duty or Call to Active Duty Status: Duty under a call or order to active duty in support of a contingency operation of retired members of the Regular Armed Forces, certain members of the retired Reserve, and various other Reserve members including the Ready Reserve, the Selected Reserve, the Individual Ready Reserve, the National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve, and Coast Guard Reserve. A call to active duty is a federal call to active duty; state calls to active duty are not covered unless under order of the President of the United States pursuant to one of the laws cited in the FMLA regulations.

2. Child: A biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is: a. Under 18 years of age; or b. 18 years of age or older and incapable of self-care because of a mental or physical

disability. 3. Covered Servicemember:

A current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list because of the serious injury or illness.

4. Eligible Employee: An employee who has been employed by the District for at least 12 months on the date on which FMLA leave is to commence.

5. Employment Benefits: All benefits provided or made available to employees by the District, including but not limited to group life insurance, health insurance, disability insurance, sick leave, personal leave, and pensions.

6. Exigency: A pressing need; a situation calling for immediate action or attention

7. Health Care Provider: A doctor of medicine or osteopathy, podiatrist, dentist, clinical psychologist, optometrist, chiropractor, nurse practitioner, nurse midwives, clinical social workers, and physician assistants who are authorized to practice in by the State in which he/she practices and who are performing within the scope of their practice as defined under State law or who practice in a country other than the United States, are authorized to practice in accordance with the laws of that country, and who are performing within the scope of his/her practice as defined under that country's law. Health care provider also includes Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts and any health care provider from whom the District or the District's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

8. Instructional Employees: Employees whose principal function is to teach and instruct students in a class, a small group, or an individual setting.

9. Intermittent Leave: Leave taken in separate blocks of time due to a single illness or injury, rather than for one continuous period of time, and may include leave periods from an hour or more to several weeks.

10. Next of Kin: Next of kin designation applies only to Military Caregiver Leave and means the nearest blood relative of the servicemember, other than the service member’s spouse, parent, son, or daughter. The order of priority is: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions; siblings; grandparents; aunts and uncles; and first cousins, unless the servicemember has specifically designated in writing another blood relative as his/her nearest relative for purposes of Military Caregiver Leave (Form GBRIG-5 [Next of Kin Verification Form]).

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11. Parent: The biological, adoptive, step, or foster father or mother of an employee or an individual who stood in loco parentis to an employee when the employee was a child.

12. Reduced Leave Schedule: A leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee.

13. Serious Health Condition: An illness, injury, impairment, or physical or mental condition that involves: a. An overnight stay in a medical care facility; or b. Continuing treatment by a health care provider for a condition that either prevents the

individual from performing the functions of his/her job or other regular daily activities or from attending school. Subject to certain conditions, the continuing treatment of a serious health condition requirement may be met by: (1) A period of incapacity of more than 3 consecutive, full calendar days combined with

at least two visits to a health care provider within 30 days of the first day of the incapacity or one visit and a regimen of continuing treatment. The first visit must occur within 7 days of the start of the incapacity;

(2) Incapacity due to pregnancy or for prenatal care; (3) Incapacity due to a chronic condition; (4) A period of incapacity which is permanent or long-term due to a condition for which

treatment may not be effective; (5) Conditions requiring multiple treatments.

14. Serious injury or illness: An injury or illness incurred by the covered servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of the member’s office, grade, rank, or rating.

15. Single 12-Month Period: The single 12-month period begins on the first day the eligible employee takes FMLA leave to care for a covered servicemember and ends 12 months after that date.

16. Spouse: A husband or wife, as defined or recognized under Georgia law for purposes of marriage.

17. Twelve Month Period: The 12 month period in which the 12 workweeks of leave entitlement occurs is a "rolling" 12 month period measured backward from the date an employee uses any leave granted by this Rule, except Military Caregiver Leave which is governed by the single 12-month period definition.

Adopted: 7/22/93; 9/13/95 Revised: 2/22/01 Reclassified an Administrative Rule: 9/1/04 Revised: 8/12/09 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCCAC) Legal Reference O.C.G.A. 20-02-0852 Maternity leave 29 CFR Part 825 The Family and Medical Leave Act of 1993 - Regulations 29 CFR 1604.10 Employment policies relating to pregnancy and childbirth 29 USC 2601 Family and Medical Leave Act

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GBRJ-R Arrangement for Substitutes ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) will develop a substitute teaching program which will continue to afford a quality educational program during the absence of the teacher. RULE: A. MINIMUM REQUIREMENTS:

1. Substitute Teachers: The Georgia Board of Education has established a priority order of qualifications for substitute teachers in grades K-12. As a minimum, each substitute teacher must hold a high school diploma or equivalent.

2. Supply Teachers: The Principal will notify the appropriate Human Resources administrator in the event certificated professional personnel is absent, or is anticipated to be absent, for more than ten consecutive days. The appropriate Human Resources administrator will secure a supply teacher. A supply teacher must hold the minimum of a bachelor's degree.

B. REQUIREMENTS:

All persons employed as substitute or supply teachers in the District must meet the requirements of either of the two categories below: 1. Substitute Teachers:

a. Applicants must have a complete substitute teaching application on file in the Human Resources Division.

b. Applicants must have attended the District’s approved inservice training program except as noted in Section B.1.k below.

c. Applicants must agree to abide by the same Board Policies, District Rules and regulations required of contracted classroom teachers.

d. The Human Resources Division will make available to administrators the names of persons who are approved to serve as substitute teachers.

e. A priority classification of qualified available substitute teachers for grades K-12 shall be followed in filling temporary vacancies of one to 60 days in length. Any classroom teacher vacancy that lasts 11 or more consecutive days in a school year may be filled with a certifiable teacher. In descending priority further qualifications shall be as follows: (1) Possession of a valid or expired professional teaching certificate (or letter of

eligibility for same) based upon a baccalaureate degree or higher; (2) Completion of a baccalaureate degree or higher; (3) Completion of at least one or more years of postsecondary training beyond a high

school diploma ranked in order of number of years completed; (4) Possession of a GED certificate. Substitute teachers in categories three, four, and five cannot work in any one classroom more than 10 consecutive days.

f. The Principal or designee will be responsible for securing an approved substitute teacher for all certificated teachers when needed. In extraordinary circumstances and only after a Principal or designee has used every effort to secure a substitute with no

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success, he/she must provide supervision for the absent teacher’s class/classes. The following guidelines apply: (1) Paraprofessionals:

Special education paraprofessionals may not be used as substitute teachers: (a) If such use causes non-compliance with a student’s Individualized Education

Plan (IEP); or (b) During the portions of the day the paraprofessional is assigned to students.

(2) Teachers: A teacher may be used as a substitute teacher as provided in Administrative Rule GBC (Staff Compensation).

g. The Human Resources Division shall maintain the personnel files of substitute teachers. h. The Payroll Division shall maintain records verifying information documenting the use

of substitute teachers. i. A substitute may be used up to 10 consecutive days in the same classroom. An

absence that exceeds 10 consecutive days must be filled by a supply teacher. All substitute teachers will be paid by the payroll department according to the prevailing rate at the time of service.

j. Any exceptions to the above directives must be approved by the appropriate Human Resources administrator.

k. The following persons are exempt from B.1.b. and B.1.c. above: (1) Teachers who have been employed in the District in the past five years; and (2) Persons who were under contract as certificated employees within the past five

years. 2. Supply Teachers:

A supply teacher will be placed in vacancies lasting 11 or more consecutive school days. Employees who are on approved Family Medical Leave may be replaced by a supply teacher for the duration of the Family Medical Leave. a. Applicants must have a completed employment application on file in the Human

Resources Division. b. The appropriate Human Resources administrator will refer supply candidates to the

Principal. c. The Principal will make the employment recommendation to the Human Resources

Division. d. Applicants must agree to abide by the same Board Policies, District Rules and

regulations required of contracted classroom teachers. e. The Human Resources Division shall maintain the personnel files of supply teachers. f. The Payroll Division shall maintain information documenting the use of supply teachers.

Reclassified an Administrative Rule: 9/1/04 Revised: 11/14/07; 5/14/08 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GCG) Legal Reference O.C.G.A. 20-02-1113 Fixing pay for substitute drivers O.C.G.A. 20-02-0212 Salary schedules O.C.G.A. 20-02-0216 Substitute teachers Rule 160-5-1-.05 Substitute Teachers

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GBRL-R Employee Dress Code ?/?/12 RATIONALE/OBJECTIVE:

The Cobb County School District (District) recognizes that professional attire helps set the tone of an educational system. Our professional appearance helps reflect the finest traditions of the teaching profession by establishing a sense of trust and confidence within our community. Our professional appearance should be one that enhances our primary goal of student learning and achievement. Employees’ attire should at all times be distinguishable from students’ attire.

RULE:

All employees should exhibit a professional appearance in a manner and style in accordance with the following guidelines set forth by the District.

A. GENERAL EXPECTATIONS: Employees of the District shall: 1. Maintain a level of personal hygiene necessary to:

a. Ensure an appropriate educational environment and to refrain from any mode of dress which is not exemplary for students.

b. Ensure a healthy school or work environment. 2. Adhere to administrative regulations related to appropriate dress/equipment for safety

purposes. 3. Observe a standard of grooming and appearance consistent with the level of formality of

the school or work situation. B. MINIMUM STANDARDS:

The minimum standards of professional appearance for employees shall be as follows: 1. During the work day and anytime employees attend work-related activities, employees

shall exhibit a professional appearance. Examples of clothing fostering a professional appearance include: collared shirts; dress slacks; dress coordinates, suits, dresses, ties and sports coats. Exceptions would include those positions which have specified separate dress expectations, such as School Food Service, Transportation, and Maintenance. a. Body alteration or modification is prohibited if it is intentional and results in a visible,

physical effect that detracts from a professional image. Tattoos and brands anywhere on the body that are obscene, advocate sexual, racial, ethnic or religious discrimination or that are of a nature that tends to bring discredit to the District are prohibited. Prohibited alterations, modifications, tattoos or brands must be covered with articles of clothing, or other appropriate material if the tattoo is small, so they are not visible to students or other employees.

b. Employees are prohibited from attaching, affixing or displaying objects, articles, jewelry or ornamentation to or through the nose, tongue or any exposed body part except for earrings worn only on the ear(s).

2. Some work sites and schools have certain designated days throughout the year commonly referred to as "Casual Friday” or "Spirit Day". Clothing considered acceptable for these designated days includes the following: jeans; wind suits; non- collared shirts with the district/school logo or school colors; high school or college spirit wear; athletic shoes; other items deemed appropriate by the local school administration. Clothing considered acceptable for those locations which recognize “Spirit Day” include those items which are appropriate for “Casual Friday” if that dress

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supports the theme of the specific spirit day as deemed appropriate by the local school administration.

3. Some school-sponsored activities, such as laboratory experiences and field trips, necessitate dress other than that appropriate for a normal workday. Employees who have questions regarding acceptable dress for these activities should consult their supervisor or local administrator.

4. Some job assignments, such as working with students who have disabilities in the severe and profound range who lack the ability to care for themselves, require interactions with students that warrant dress different than that appropriate for a normal work assignment. Employees who have questions regarding acceptable dress resulting from their job assignment should consult their supervisors or local administrators.

5. The minimum standards of employees regarding dress and grooming will exceed those standards required of students in Administrative Rule JICA (Student Conduct: Dress Code).

C. ENFORCEMENT OF THE STANDARDS OF PROFESSIONAL APPEARANCE:

1. Schools: The Principal shall be responsible for enforcing the standards of professional appearance based on his/her evaluation of the impact an individual’s appearance has upon the school climate, educational process, or the school’s image in the community. The Principal shall be the final judge as to the appropriateness of wearing apparel.

2. Work Sites Other Than Local Schools: The work site supervisor shall be responsible for enforcing the standards of professional appearance based on his/her evaluation of the impact an individual’s appearance has upon the site’s climate, work process, or the site’s image in the District and/or community. The supervisor shall be the final judge as to the appropriateness of wearing apparel.

D. CULTURALLY OR ETHNICALLY-BASED ATTIRE:

The District values the racial, ethnic, and cultural diversity of its employee base and demonstrates sensitivity to it by establishing as the District’s goal that employees of all backgrounds feel welcome. 1. Supervisors and Principals are authorized to approve, on a case-by-case basis,

exceptions to the code for employees who want to occasionally wear culturally or ethnically-based clothing. Exceptions must be requested and granted prior to the employee’s wearing the clothing to their work site. If a Supervisor or Principal is approached by an employee requesting permission to wear cultural or ethnic-based clothing, he/she should observe the following guidelines: a. Ask the employee to put his/her request in writing to you, specifying what he/she

wants to wear, why and when he/she wants to wear it. b. If the request is appropriate, will not present a health or safety hazard and will

maintain the professional image of the school or work site, it should be approved. (1) Approval should be documented in writing to the employee. (2) A copy of the written approval should be retained in local/site files.

c. If the Supervisor/Principal believes the request should be denied: (1) The request and the Supervisor/Principal’s rationale for the denial should be

forwarded to the site’s Division Head or the school’s Area Assistant Superintendent.

(2) The Division Head or Area Assistant Superintendent shall send his/her comment and recommendation to the Chief Human Resources Officer who, in consultation with the District’s attorney, will make a final determination.

E. UNCERTAINTY:

Employees who have specific questions about a garment's acceptability should consult their supervisors or local administrators. Reclassified an Administrative Rule: 9/1/04 Revised: 5/26/05; 11/14/07

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Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBEBA)

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GCRA(1)-R Drug Screening ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) seeks to provide a safe learning environment for students by maintaining a safe working environment for employees. This is particularly true of those positions which require unimpaired judgment, physical dexterity and reflex actions, as well as the unimpaired senses of sight and hearing of employees. RULE: A. STATEMENT OF PURPOSE:

As a part of the District’s continuing effort to provide an environment for students and employees which promotes health and safety, the District: 1. Prohibits the unauthorized use, abuse, possession or sale of controlled substances or

alcohol by employees engaged in safety-sensitive functions (See Section E. Definitions); 2. Implements a controlled substance and alcohol testing program for all employees engaged

in safety-sensitive functions; 3. Prohibits any employee engaged in a safety-sensitive function from having measurable

alcohol (See Section E. Definitions) in his/her system. 4. Provides training, education and other assistance to employees to help them understand

their responsibilities in achieving an environment free of alcohol and controlled substances (Administrative Rule GAMA-R [Drug-Free Workplace]).

B. IMPLEMENTATION:

1. In order to implement this Rule, the District adopts in their entirety the regulations contained in Procedures for Transportation Workplace Drug and Alcohol Testing Program found in the Code of Federal Regulations (Federal Regulations) at 49 C.F.R. § 40.1, et seq. and the Federal Motor Carrier Safety Regulations at 49 C.F.R. § 382.101, et seq. The alcohol and controlled substances testing program mandated by the District shall be conducted using the requirements contained in the Federal Regulations.

2. All employees who drive District vehicles are subject to being tested for alcohol or drug usage based upon reasonable suspicion of intoxication or unsafe condition by a supervisor in consultation with Human Resources personnel.

C. PENALTIES:

1. Violation of this Rule shall result in disciplinary action which may include suspension or termination (Administrative Rule GBK-R [Professional Personnel Suspension]; Administrative Rule GAGC-R [Employee Ethics]).

2. Safety-Sensitive (See Section E. Definitions) Functions: Any employee engaged in a safety-sensitive function who violates the prohibitions contained in the Federal Regulations shall be immediately terminated. These prohibitions are as follows: a. ALCOHOL CONCENTRATION:

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater.

b. ALCOHOL POSSESSION: No driver shall be on duty or operate a commercial motor vehicle while the driver possesses alcohol, unless the alcohol is manifested and transported as part of a shipment.

c. ON-DUTY USE: No driver shall use alcohol while performing safety-sensitive functions.

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d. PRE-DUTY USE: No driver shall perform safety-sensitive functions within four hours after using alcohol.

e. USE FOLLOWING AN ACCIDENT: No driver required to take a post-accident alcohol test under ' 382.303 of this part shall use alcohol for eight hours following the accident, or until he/she undergoes a post-accident alcohol test, whichever occurs first.

f. REFUSAL TO SUBMIT TO A REQUIRED ALCOHOL OR CONTROLLED SUBSTANCES TEST: No driver shall refuse to submit to a post-accident alcohol or controlled substances test required under § 382.303, a random alcohol or controlled substances test required under § 382.305, a reasonable suspicion alcohol or controlled substances test required under § 382.307, or a follow-up alcohol or controlled substances test required under § 382.311.

g. CONTROLLED SUBSTANCES USE: (1) No driver shall report for duty or remain on duty requiring the performance of

safety-sensitive (See Section E. Definitions) functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a physician who has advised the driver that the substance does not adversely affect the driver's ability to safely operate a commercial motor vehicle;

(2) No employer having actual knowledge that a driver has used a controlled substance shall permit the driver to perform or continue to perform a safety-sensitive function (See Section E. Definitions);

(3) Drivers are to inform their supervisor of any prescribed medication use. h. CONTROLLED SUBSTANCES TESTING:

(1) No driver shall report for duty, remain on duty or perform a safety-sensitive function (See Section E. Definitions), if the driver tests positive for controlled substances.

(2) Records must be kept for five (5) years for individuals who have an alcohol concentration of 0.02 or greater and one (1) years for those individuals who have test results of less than .02 (49 C.F.R.§ 40.333).

3. Suspension: Any employee in a safety-sensitive function as defined in Section E below who, pursuant to the testing provisions of the Federal Regulations, is found to have an alcohol concentration (as that term is defined in the Federal Regulations) of 0.02 or greater but less than 0.04 shall be immediately suspended for twenty-four (24) hours.

4. Termination: a. Any employee engaged in a safety-sensitive function (See Section E. Definitions) who,

pursuant to the testing provisions of the Federal Regulations, is found to have an alcohol concentration (as that term is defined in the Federal Regulations) of 0.04 or greater shall be immediately terminated;

b. Any employee engaged in a safety-sensitive function (See Section E. Definitions) who refuses to submit to any test required by the Federal Regulations shall be immediately terminated.

D. REFERRAL, EVALUATION AND TREATMENT:

Any employee engaged in a safety-sensitive function (See Section E. Definitions) who violates the above shall be referred to Human Resources. The cost of this evaluation shall be borne by the employee.

E. DEFINITIONS:

1. Safety-Sensitive Function: An "employee engaged in a safety-sensitive function" is District employee who holds a Commercial Driver's License ("CDL") and who also operates or has reason to move a school bus or other commercial motor vehicle (as that term is defined by Federal regulations). (Also see Administrative Rule GAGC-R [Employee Ethics])

2. Measurable Alcohol: "Measurable alcohol" means an alcohol concentration in a volume of breath of at least 0.02 grams of alcohol per 210 liters of breath.

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Adopted: 10/27/94 Reclassified an Administrative Rule: 9/1/04 Revised: 2/10/10 Legal Reference: O.C.G.A. 20-02-1120 Drug testing of bus drivers; definition of O.C.G.A. 20-02-1121 Bus drivers subject to random alcohol/drug testing O.C.G.A. 20-02-1122 Penalties for violation or refusal to submit to alchol/drug test Rule 160-5-3-.15 Alcohol and Controlled Substances Testing 49 CFR Part 40 Procedures for Transportation Workplace Drug and Alcohol Testing Programs 49 USC 31135 Duties of Employers and Employees 49 CFR Part 382 Controlled Substances and Alcohol Use and Testing

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GCRD-R Classified Personnel Overtime Pay ?/?/12 RATIONALE/OBJECTIVE: The Cobb County School District (District) complies with the provisions of the Fair Labor Standards Act which established a minimum wage and overtime pay requirement for non-exempt employees. RULE: A. FAIR LABOR STANDARDS ACT (ACT) PROVISIONS:

For non-exempt employees the Act provides, in part: 1. An employer must pay at least the minimum wage set by the Act for the hours worked in a

workweek; 2. An employer must pay at least one and a half times an employee’s regular rate for

work in excess of 40 hours in a workweek; and 3. A public employer, under certain circumstances, may grant compensatory time off in

lieu of overtime compensation; provided that the compensatory time must be earned at a rate of at least one and a half hours of compensatory time for each hour worked over 40 hours in a workweek.

B. OVERTIME: Each non-exempt employee must receive his/her overtime rate of pay for “all hours worked” over 40 hours in the workweek. 1. Included in Overtime:

“All hours worked” in the work week that are used to determine overtime hours include: a. The sum of actual hours worked; b. Vacation hours used; and c. 260 day employees’ paid holiday hours.

2. Not Included in Overtime: “All hours worked” in the work week that are used to determine overtime hours do not include: a. Personal leave; b. Short-term leave; c. Administrative leave with pay; nor d. Any other type of leave, with or without pay, are not included in the calculation of

overtime hours.

C. RESPONSIBILITY: 1. Exempt/Non-Exempt:

The Compensation Office in Human Resources is the District’s authority on determining which positions are exempt and which are non-exempt. a. Non-Exempt Employees:

All non-exempt employees must receive at least the minimum wage and are eligible to receive overtime pay and/or compensatory time off for all hours worked in excess of forty (40) hours per week. The District’s Compensation Office determines whether a position should be classified as non-exempt or exempt.

b. Exempt Employees: Exempt employees are not eligible to receive overtime pay and/or compensatory time off.

2. Supervisor Responsibility: Supervisors, including principals, are responsible for the following:

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a. Communicating overtime requirements to non-exempt employees under their supervision;

b. Enforcing overtime requirements for non-exempt employees under their supervision;

c. Monitoring overtime pay and employee accumulation of compensatory time, and to assure that expenditures do not exceed their school/department/division budget;

d. Ensuring that non-exempt employees understand that they must request and receive prior approval to work overtime: (1) Unauthorized (unapproved) work in excess of 40 hours in the workweek may

subject the employee to disciplinary or administrative action. (2) The District must compensate non-exempt employees for working overtime even if

the supervisor did not approve the overtime in advance; and e. Documenting employee work time as follows:

(1) Collecting from each non-exempt employee: (a) His/Her daily time records which accurately reflect the employee’s hours

actually worked; and (b) Records of the employee’s compensatory time earned and used each pay period

as well as the amount of earned but unused compensatory time remaining in the employee’s bank.

(2) Maintaining the above records for four years. (3) Employees not required to use time devices will use the District approved time and

attendance form. D. GUIDELINES:

1. Work Time: a. All Hours Worked:

All actual hours spent by non-exempt employees doing work for the District in any capacity, including all supplemental work, such as the After School Program, Facility Use Program, and school extracurricular events.

b. Non-Exempt Employees: All actual hours spent by non-exempt employees doing work for the District is counted as work time. This may include, but is not limited to, the following examples: (1) Work done for the District when the employee is:

(a) Away from his/her work site; (b) On lunch or an authorized break; (c) On approved vacation.

(2) Work for the District in an extracurricular activity. 2. Compensatory Time:

a. Accumulation: (1) Employee Agreement:

The principal/supervisor must ensure the employee has agreed to receive compensatory time off instead of overtime pay before the extra time is worked, and must maintain a record of this agreement, such as a memorandum to the employee’s personnel file.

(2) The principal/supervisor must ensure that non-exempt employees who work more than 40 eligible hours in a workweek, overtime as defined above, receive either: (a) Overtime pay equal to 1 and ½ times their regular pay rate for each hour

worked over 40 hours in a workweek; or (b) 1 and ½ hours of compensatory time for each hour worked over 40 hours.

(3) In order to reduce the likelihood of significant accumulation of compensatory time hours which could result in a burdensome fiscal impact on a school or department should the employee change jobs, it is recommended that employees accumulate no more than 32 hours of unused compensatory time. Any compensatory time over 32 hours must be paid to employees at 1 and ½ times their regular pay rate.

(4) he maximum amount of compensatory time that may be accumulated is as follows: (a) Non-Exempt Employees: 240 hours representing 160 hours worked times the

1½ overtime provision; (b) Public Safety Employees: 480 hours representing 320 hours worked times the

1½ overtime provision;

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b. Use: Principals/Supervisors must ensure the following requirements are met with respect to employees’ use of compensatory time: (1) Compensatory time should be used by employees within the school year in which it

is earned, so that a large amount of compensatory time does not accumulate; (2) An employee requesting to take previously earned compensatory time off will

be permitted to do so within a reasonable period of time after making the request and Principals should review the guidelines for critical days (Administrative Rule GARH-R [Leaves and Absences]) prior to denying a request for compensatory time;

(3) Use of compensatory time will not result in a reduction of the employee’s wages. c. Payment for Compensatory Time:

(1) End of Employment: At the end of an employee’s employment by the District, the employee will be paid for any earned but unused compensatory time at a rate equal to the higher of: (a) The average regular rate earned by the employee during the last three

years of employment; or (b) The final regular rate earned by the employee upon termination of

employment. (2) Change of Assignment:

If an employee changes from a non-exempt to an exempt job, or if an employee changes from one non-exempt job to another non-exempt job for another principal/supervisor, then the employee will be paid for any earned but unused compensatory time at the employee’s then current rate of pay. Such payment will come from the budget of the school/department/division in which the time was worked.

3. Coaching: a. Principals who are considering employing a non-exempt employee as an assistant

coach should first confer with: (1) The Employment Office to assure that proper paperwork requirements are met prior

to employment; and (2) The Compensation Office, Human Resources, and the Payroll Department, Financial

Services, to assure pay provisions are correctly established and understood by the Principal prior to the coach’s employment.

b. Failure to follow the above procedures prior to the employment of a non-exempt employee as an assistant coach may prevent the individual’s employment in the coaching position.

4. Volunteering: Non-exempt employees: a. May not volunteer to perform work for the District without pay unless all of the

following requirements are satisfied: (1) The employee is volunteering freely without pressure to perform any volunteer

services for the District; (2) The employee is not receiving any compensation for any volunteer services for the

District; and (3) The employee is not volunteering to perform services that are identical or similar to

the services that they are hired by the District to perform. b. May volunteer as parents/guardians to support their children’s school activities.

E. HOLIDAY PAY:

The District has also approved holiday pay as provided in Administrative Rule GBA-R (Compensation Guides and Contracts).

Adopted: 2/8/06; 8/12/09 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBCB) Legal Reference O.C.G.A. 34-04-0003 Minimum wage amount

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O.C.G.A. 34-04-0003.1 Wages and employment benefits by local government entities O.C.G.A. 34-04-0005 Employer's records of hours worked by and wages paid to employees O.C.G.A. 34-04-0006 Action to recover difference where employee paid less than minimum wage O.C.G.A. 34-04-0001 Georgia Minimum Wage law - short title 29 USC 213 Fair Labor Standards - Exemptions 29 CFR Part 778 FLSA Regulations - Overtime Compensation 29 USC 207 Maximum hours 29 USC 206 Minimum wage



Revised ‘Other’

Sections

Current Section

“G”

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AFC-R Emergency Closing ?/?/12 RATIONALE/OBJECTIVE: When Cobb County School District (District) schools are closed due to inclement weather, employees should not report to work, unless specifically required to do so. Unsafe driving or facility conditions make attempts to report to work inappropriate and unadvisable. With the exception of twelve-month employees and certain non-exempt employees specifically contacted by their supervisor and directed to report to perform emergency repairs or other duties, all other District employees should not report to work, unless directed to do so through either contact by their supervisor or by public announcement. RULE: The District Communications Office will notify local media of school closings, delayed openings and early closings. It will also post this information on the District Web site. Employees are responsible for accessing these information sources whenever there is cause to believe that school is closed, delayed, or closing early. Principals/supervisors are encouraged to establish more direct notification procedures for their faculties/staffs. A. FULL-DAY CLOSINGS:

Employees will receive full pay for days school is closed due to inclement weather and may have to make up the day(s) missed at a later date. The State Superintendent of Schools or the District Superintendent, as appropriate, will decide if inclement weather days will be made up.

B. DELAYED OPENING: When District schools have a delayed opening due to inclement weather, the District will provide Principals, Department Heads and local media outlets information on when employees should report to work. 1. Employees who report to work by the delayed opening time will receive full pay for that

day. 2. Employees who are unable to get to work, or who arrive late to work, will be given an

opportunity to make up the work time missed. The District Superintendent will inform Principals and Department Heads how to handle make-up work for any work days or hours missed.

3. Employees will only be allowed to make-up this time in the current or next payroll period. 4. If an employee misses a day of work or reports to work late and is unable to make up the

time missed within the current or next payroll period, he/she must use personal leave, vacation day(s) or have his/her pay reduced for the time missed.

C. EARLY CLOSING: When District schools close early due to inclement weather, employees will be directed to leave work and will be paid for unworked time. However, if the District remains open and employees are permitted to leave early at their option due to weather conditions, make-up provisions of paragraphs B.2, B.3, and B.4 above apply.

Adopted: 4/12/06 Revised: 3/14/07 Revised and Recoded: ?/?/12 (Previously coded as Administrative Rule GBCC) Legal Reference

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O.C.G.A. 20-02-1185 School safety plans O.C.G.A. 20-02-0168 Distribution of federal funds; summer school programs; year-round operation Rule 160-5-1-.02 School Day and School Year for Students and Employees

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CEI Superintendent Evaluation ?/?/12 The Cobb County Board of Education (Board) will evaluate the Superintendent annually, including the provisions of Board Policy BBD (Board-School Superintendent Relations), and share the results of the evaluation with the Superintendent in executive session. The evaluation will be jointly developed by the Board and the Superintendent. Adopted: ?/?/12 Legal Reference O.C.G.A. 20-02-0210 Annual performance evaluation of all school personnel O.C.G.A. 20-02-0230 New board member orientation to educational program objectives required

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ECI-R Communications System ?/?/12 (GSBA Reference: ECI-Telephone Use) RATIONALE/OBJECTIVE:

The Cobb County School District (District) uses numerous methods such as written and widely distributed documents, spoken announcements, electronic mail, and cellular phones and other wireless communication devices to transmit official information to employees quickly and accurately. Employees are responsible for keeping themselves informed of official information distributed through these means. Supervisors and managers are responsible for ensuring effective communication occurs within their areas of responsibility. RULE: A. GENERAL PROVISIONS:

The District inter- and intra-communication system (to include computers, wired and cellular phones and other wireless communication devices, regular mail and e-mail, bulletin boards and employee mailboxes) is District property and is to be used primarily for business purposes of the District. The District permits some limited, incidental use of this system for personal communications. Such personal use must not: 1. Interfere with any District operation or activity, 2. Be for a personal business or personal monetary gain, 3. Cause any harm or embarrassment to the District, our schools or our employees, 4. Be for any unethical purposes or illegal activity, or 5. Negatively affect the District’s mission or any employee’s effectiveness or ability to

perform his/her duties and responsibilities. Employees may be disciplined, up to and including employment termination, for violating District Administrative Rule IJNDB (Use of Technology Resources in Instruction), this Rule, or using the District communication system to violate any other Board of Education Policies or District Rules.

B. GUIDELINES FOR USE OF THE INTER- AND INTRA-SCHOOL COMMUNICATION SYSTEM: The following guidelines govern the use of County Mail, employee mail boxes, employee bulletin boards by employee and non-profit organizations, cellular phones and other wireless telecommunication devices. 1. Electronic Mail (E-Mail):

The District’s E-mail System is a non-public forum administered by the Technology Services Division and is provided solely for District business and communications. Employee use, including limited personal use, of the District’s e-mail system is governed Administrative Rule IJNDB (Use of Technology Resources in Instruction). Personal use should in no case interfere with the employee’s ability to perform his/her job duties or responsibilities.

2. County Mail: a. The District County Mail system is a non-public forum administered by the Human

Resources Division for the efficient and effective distribution of written communications to and between all schools and facilities within the District. It is primarily designed to assist in the efficient operation of the District’s instructional program.

b. An employee or non-profit organization desiring to use the County Mail system is subject to the following guidelines: (1) Requests must be authorized by the official governing body of the organization and

must be in the form of a letter or e-mail from the president or designee of the

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organization. Send all requests to Director Support Services, Human Resources Division, Cobb County School District, 514 Glover Street, Marietta, GA 30060.

(2) The request must be received by Human Resources at least ten (10) working days before the day use is requested.

(3) All requests are subject to approval by the District. General announcements, such as announcements of meeting times, places, and dates and program information, may be approved.

(4) Advertisements, solicitations or related items must be submitted for advance approval.

(5) Mail that includes editorial components or opinions shall not be approved. (6) Commercial use of, or solicitation through, County Mail is prohibited. (7) Seasonal/holiday greetings between and among schools and departments are not

subject to advance approval for distribution. (8) Items approved for County Mail should be delivered to the Human Resources

Division of the Cobb County School District, 514 Glover Street, Marietta, GA 30060, as soon as possible following approval.

(9) Action by Human Resources Division to stop unauthorized access should be uniform in application. A record of such action should be maintained by the Human Resources Division.

3. School Employee Mailboxes: a. The school employee mailboxes are considered a part of the District County Mail

system. Therefore, the above County Mail guidelines shall apply to the use of employee mailboxes and the Principal/supervisor shall be directly responsible for their use.

b. Access to employee mailboxes for other than official business must be approved in advance by the Principal/supervisor or designee. (1) Action by Principals/supervisors or designee to stop unauthorized access should be

uniform in application. A record of such action should be maintained by the school. c. General Boxes: Other materials may be made available to employees at the school

level in an established location accessible only to employees, preferably at or near the employee bulletin board or mailboxes. This may be accomplished by a box or basket being provided for materials to be made available to employees interested in receiving information other than general announcements.

4. Bulletin Boards: The District recognizes two types of bulletin boards: District (official) and employee (unofficial) bulletin boards. a. District bulletin boards are reserved for information concerning important business-

related subjects such as Board Policies, Administrative Rules, guidelines, legally required notices, District-sponsored activities and events, safety procedures, and other topics that concern or affect the majority of our employees.

b. Employee bulletin boards are for information concerning unofficial, non-District sponsored activities or events which may be of interest to our employees, notices of recreational/social clubs or organizations, want ads or other general interest items. All notices to be posted on any employee bulletin board must be cleared through the Principal/supervisor or designee prior to its posting. (1) Action by Principals/supervisors or designee to stop unauthorized access should be

uniform in application. A record of such action should be maintained by the school. c. Each school and facility with employees will designate a bulletin board as the employee

board. It should be located in an area that is accessible to employees but not the general public.

d. Materials posted on the District bulletin board should deal with official District business and must be signed and dated by the person authorized to post the information.

e. Employee and non-profit organizations may request use of the employee bulletin board. The maximum length of time information may be maintained on the bulletin board is ten (10) school or working days.

5. Cellular Phones and Other Wireless Communication Devices (Cellular Phones/Wireless Devices):

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The District may issue a cellular phone or other wireless telecommunication device to an employee or contractor who is required to be immediately accessible for work- related communications. a. Guidelines:

(1) District cellular phones/wireless devices are to be used for business purposes. (2) Employees/contractors are allowed minimal personal use of District cellular

phones/wireless devices. (3) An employee/contractor who uses a District-provided cellular phone/wireless device

is required to reimburse the District for personal use which results in additional charges to the District. (a) The employee/contractor’s liability is limited to the lesser of the following:

1) Additional charges resulting from the total number of minutes beyond the plan maximum; or

2) Additional charges resulting from the total number of minutes used for personal reasons.

(b) The employee/contractor is responsible for reviewing his/her cellular phone/wireless device invoice and reimbursing the District the portion of the additional charges that resulted from personal use.

(c) All cellular phone/wireless device invoices and records are subject to audit by the District and/or the Internal Revenue Service (IRS) and disclosure under Georgia’s Open Record’s Act (Administrative Rule EHB [Data/Records Retention]).

(d) A District-owned Cellular phone/wireless device used primarily for personal reasons could be considered an employee taxable fringe benefit under IRS regulations.

(e) A pattern of personal use which causes additional cost to the District may be subject to corrective or disciplinary action.

(4) Employees/contractors are responsible for protecting the District’s cellular phones/wireless devices from loss, damage or theft. (a) The employee/contractor must produce the equipment immediately upon

resignation or termination of employment or at any time upon request. (b) An employee/contractor unable to present the equipment in good working

condition should expect to remunerate the cost of a replacement to the District. b. Safety Issues for Cellular Phone/Wireless Devices Use:

(1) Employees/contractors who are issued cellular phones/wireless devices must exercise reasonable precaution in conducting business-related communications on a cell phone/wireless device while driving a vehicle. Safety must come before all other concerns.

(2) If employees/contractors must use a District cellular phone/wireless device while driving a vehicle, they should: (a) Dial the call when the car is stopped. (b) Use a hands-free phone/wireless device, if possible. (c) Never look up phone numbers, calendars, or read e-mails while the car is

moving. (d) Let voice mail answer incoming calls/messages when unable to safely answer

the call. (e) Keep calls/communications short and keep their eyes on the road and their

attention on driving. (f) Exercise extra care in using cellular phones/wireless devices while driving in

heavy traffic, inclement weather or in an unfamiliar area. (3) Employees/contractors who are charged with traffic violations or who cause

accidents resulting from the use of the District’s cellular phone/wireless device will be solely responsible for all liabilities resulting from such actions.

(4) Notwithstanding the above guidance, school bus drivers are strictly prohibited from using a cellular phone/wireless device while driving a school bus except in emergency situations.

c. Personal Cell Phones: Employees, except bus drivers as noted in Section 5.b.(4) above and in Administrative Rule EEA (Student Transportation), shall be allowed infrequent use of personal cell

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phones so long as their use does not interfere with job performance. Classroom personnel shall be allowed to use personal cell phones during any non-instructional time when not in the presence of students.

Approved: 8/26/04 Reclassified an Administrative Rule: 9/1/04 Reviewed: 9/8/04 Revised: 2/8/06; 7/13/06; 8/8/07; 11/14/07 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBDA)

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EGAA-R Workers’ Compensation ?/?/12 RATIONALE/OBJECTIVE: Workers’ Compensation is a no-fault, state supervised system established under the Workers’ Compensation Act (O.C.G.A. § 34-09-1) to pay medical expenses and lost earnings to employees who are injured on the job. In Georgia employers with three or more employees are required to provide workers’ compensation insurance or by funding approved plans of self-insurance. RULE: All employees of the Cobb County School District (District) are covered under Georgia’s Workers’ Compensation Act for injuries arising out of and in the course of employment. The District is self-insured meaning the District sets asides funds annually to pay for medical and indemnity costs associated with its workers’ compensation claims. District employees are required to be treated by a physician from the employer’s posted Panel of Physicians for on job injuries. Employee medical and wage loss benefits are paid within the statutory limits established by the Georgia legislature. Adopted: 1976 Reclassified an Administrative Rule: 9/1/04 Revised: 10/12/83; 8/8/84; 1/11/06 Revised and recoded: ?/?/12 (Previously coded as Administrative Rule GBGD) Legal Reference O.C.G.A. 34-09-0002 Worker's Compensation; applicability of chapter to employers and employees-Generally O.C.G.A. 34-09-0008 Liability of principal contractor or subcontractor for employee injuries O.C.G.A. 34-09-0015 Procedure for settlement between parties generally; approval by board; finality of settlement; lump sum settlements O.C.G.A. 34-09-0017 Grounds for denial of compensation; burden of proof in establishing grounds for denial O.C.G.A. 34-09-0019 Penalty for false or misleading statements when obtaining or denying benefits O.C.G.A. 34-09-0012 Employer's record of injuries; availability of board records; supplementary report on termination of disability; penalties; routine reports O.C.G.A. 33-34-0008 Rules re: efficient settlement of first-party property damage claims O.C.G.A. 34-09-0001 Workers' Compensation - Definitions O.C.G.A. 34-09-0120 Employer's duty to insure payment of compensation O.C.G.A. 34-09-0150 Group self-insurance funds - legislative intent O.C.G.A. 34-09-0201 Employer required to maintain panel of physicians



Revised ‘Other’

Sections

Current Section

“G”

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Personnel Goals/Priority Objectives GREEN font indicates content recommended by Leadership and Learning BROWN font indicates content recommended by Policy Development

GA GAA

10/18/07 ?/?/12

The Cobb County Board of Education (Board) recognizes that it requires each employee and the job he/she performs each day for the Cobb County School District (District) to operate effectively, safely and efficiently. Specifically, the Board acknowledges the following:

• The professional certificated All staff of the Cobb County School District (District) is the are essential links between curriculum and student achievement;

• A positive relationship between teacher and student is key to the student’s success in school, including academic achievement, and his/her pursuit of future learning;

• The support of non-teacher certificated all professional, paraprofessional, and classified staff members is essential for the smooth operation of individual schools and the District and is likewise important to students’ academic, intellectual, social, psychological and ethical development.

Therefore, the Board expects the Superintendent to develop personnel rules and guidelines which provide for the non-discriminatory fair, dignified, consistent, clear, and professional treatment of all employees (Board Policy SD-4 [Treatment of Staff]) and which create a work environment that enables the District to recruit, employ and retain a qualified staff committed to:

• Providing excellence in education, defined as: • Meeting the needs of individual students; • Ensuring that every child is encouraged to reach his/her potential; and • Providing continuing improvement in curriculum and instructional methods. • Efficiently and promptly providing and maintaining the operational support necessary

for the everyday operation of individual schools and the District.

• Providing excellence in education through meeting the needs of all students, ensuring that every student is encouraged to reach his/her potential, and providing for continuous improvement in curriculum, instruction and learning.

• Providing and maintaining efficient and effective support necessary to meet the operational needs of individual schools and the District.

Finally, the Board recognizes the impact its decisions regarding Policy, Rules, District planning, budget, goals and objectives have on the delivery of instruction by teachers, the instructional environment in the school, and the level of support other employees are able to contribute to the delivery of instruction. Adopted: 10/18/07 Revised: ?/?/12

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BOARD ADMINISTRATIVE RULE POLICY

Employee Hiring BROWN font indicates content recommended by Policy Development

GBD GARD

1/27/05 ?/?/12

RATIONALE/OBJECTIVE: The Cobb County School District seeks to recruit, interview, select, and employ the best qualified individuals for all positions. Part of that goal is to assist applicants in understanding the District’s employment procedures regarding eligibility, screening, and recommendations for hiring. RULE: All employees shall be employed by the Cobb County Board of Education on the recommendation of the Superintendent. This recommendation will follow the completion of employment procedures established by the Superintendent and his/her staff in order to provide adequate screening of persons for employment.

Adopted: 6/2/69 Reclassified an Administrative Rule: 9/1/04 Reviewed: 5/8/74; 8/13/75; 8/10/77; 6/19/86 Revised: 9/23/82; 5/26/83; 8/8/84; 1/27/05; ?/?/12

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BOARD ADMINISTRATIVE RULE POLICY

Employees and Infectious Diseases BROWN font indicates content recommended by Policy Development

GBGAA GANA

1/18/12 ?/?/12

RATIONALE/OBJECTIVE: The Cobb County School District (District) recognizes the importance of protecting the health and welfare of its students, teachers and other employees. The Cobb County Board of Education (Board) recognizes the importance of protecting the health and welfare of students, teachers, and other employees of the educational system from the spread of infectious diseases. The Board, the Cobb County Health Department and/or the Georgia Department of Human Resources has the authority to required immunizations or other preventative measures including quarantine, isolation and segregation of persons with communicable disease or conditions likely to endanger the health of others. These agencies may require quarantine or surveillance of carriers of disease and persons exposed to or suspected of being infected with infectious disease during such period until they are found free of the infectious agent or disease. RULE: A. GENERAL PROVISIONS:

1. Immunizations/Quarantine: The Cobb County Board of Education (Board), Cobb & Douglas Public Health, and/or the Georgia Department of Human Services has the authority to require: a. Immunizations for employees; or b. Other preventive measures including exclusion of persons with infectious diseases

or conditions likely to endanger the health of others. c. These agencies may require quarantine or surveillance of carriers of diseases and

persons exposed to or suspected of being infected with infectious disease during such period until they are found free of the infectious agent or disease.

2. Employees: District employees will be afforded all provisions as specified in Georgia Board of Education Rule 160-1-3-.03 as it applies to infectious diseases.

B. PROCEDURES/DEFINITIONS: The District’s procedures and definitions regarding infectious diseases will be in compliance with Georgia Board of Education Rule 160-1-3-.03.

Adopted: 8/27/87 Reclassified an Administrative Rule: 9/1/04 Revised: 6/8/88; 8/22/91; 1/13/10; 1/18/12; ?/?/12

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BOARD ADMINISTRATIVE RULE

Sick Leave/Short-term/Long-term Leaves and Absences BROWN font indicates content recommended by Policy Development

GCC GARH-R

9/14/11 ?/?/12

RATIONALE/OBJECTIVE:

Employees of the Cobb County School District (District) are provided leaves of absence for a variety of purposes. Leave is defined as time granted to an employee to be absent from his/her work assignment according to specific terms.

RULE:

I. LEAVES The following are regulations that will be observed regarding leave for sick leave/short-term/long-term leaves of absence: A. EMPLOYEE’S FAMILY:

For purposes of leaves of absence, an employee’s family member is defined as the employee’s spouse, children, mother, father, brother, sister, grandmother, grandfather, grandchildren, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or any relative living in the household of the employee and any step-relatives as identified in this definition.

B. SICK LEAVE/SHORT-TERM LEAVE:

Employees may use accumulated sick leave/short-term leave for the following: personal illness, family illness (as defined above), bereavement in the family and personal/professional reasons. 1. Personal Illness:

Personal illness is defined as an illness or injury of the employee or exposure of the employee to a contagious disease which would endanger other persons if the employee were on the job. a. Physical Violence:

Certified employees absent due to an injury due to physical violence by a student while they are engaged in the performance of their duties shall not be charged with sick leave for the first seven (7) workdays of absence resulting from a single injury. There should also be appropriate notification to Human Resources/Risk Management.

b. Notification: If the illness of the employee extends beyond one (1) day, the employee is responsible for keeping his/her Principal or immediate supervisor informed daily about the expected date he/she will return to work.

c. Report of Absence Form (FS 348): Sick leave for personal illness should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

d. Human Resources Notification: If the illness extends beyond ten (10) days, the employee is responsible for contacting the Benefits Office for appropriate paperwork.

e. Return to Work:

http://finance.cobbk12.org/formbank/fs-348.pdf

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An employee on sick leave/short-term leave of absence will be expected to return to the position on the first work day after the physician states that the physical disability no longer exists.

f. Physician’s Statement: (1) The District does require a physician’s statement if the employee has been

absent for nine (9) consecutive days of work (Form GCC-2 [Disability Certification]).

(2) The District may require a physician's statement attesting that the employee was absent due to illness if the employee is absent: (a) Five (5) or more consecutive work days; (b) Seven (7) or more non-consecutive work days; or (c) A series of work days that appear to occur in a pattern, such as a series of

Monday and/or Friday absences. (3) The District reserves the right to designate a physician, at the District’s

expense, to confirm the reason for an absence. The employee will have the right to participate in the selection of this physician to the extent that the employee can choose from a list of District approved physician’s given to the employee. In the event of unusual circumstances, the employee may utilize the services of a mutually agreed upon physician approved by Human Resources.

2. Family Illness: Family illness is defined as an illness or injury of any member of the employee's immediate family as defined in Section A above. a. Limits of Use:

(1) Absences are limited to five (5) consecutive days per occurrence per family member.

(2) If the employee needs to be absent beyond the five (5) days per occurrence of illness in the immediate family, unused personal leave may be taken.

b. Report of Absence Form (FS 348): Sick leave for family illness should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

c. Hardship: (1) If the employee, who has accumulated leave, requests to be absent in the

event of lengthy family illness that exceeds the provisions of this Rule, he/she may request a Hardship Leave Approval (Form GCC-3 [Request for Hardship Leave]) by the Benefits Office for a review of his/her request and determine if additional hardship leave is justifiable. (a) If approved, hardship leave allows the employee to use twenty (20) days

of his/her sick leave for an immediate family member's illness. (b) Medical documentation is required (Form GCC-2 [Disability Certification]).

(2) Extension: (a) Additional hardship leave may be requested (Form GCC-4 [Request for

Extension of Hardship Leave]).with appropriate medical documentation. (b) The maximum number of sick leave days available through Hardship

Leave, including the initial five (5) days, is up to a maximum of forty-five (45) days.

3. Bereavement: a. Family Member:

In the event of the death of any member of the employee's immediate family as defined in Section A above, a maximum of five (5) consecutive days of accumulated sick leave may be taken.

b. Non-Family Member: In the event of a death outside of the employee’s immediate family as defined above, the employee may use one (1) day of short-term leave per fiscal year.

c. Report of Absence Form (FS 348): Sick leave for bereavement should be reported and submitted for approval to the employee’s supervisor on the Report of Absence Form (FS 348) as soon as the absence is anticipated.

http://www.cobb.k12.ga.us/centraloffice/adminrules/G_Rules/Form%20GCC-2.pdf


http://www.cobb.k12.ga.us/centraloffice/adminrules/G_Rules/Form%20GCC-3.doc




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d. Hardship: If an employee, who has accumulated leave, submits a request for bereavement leave that exceeds the provision of this Rule, he/she may request a Hardship Leave (Form GCC-3 [Request for Hardship Leave]), as outlined in 2.b above.

4. Spousal Donation: a. Spouses within the District may exercise their option to participate in the

District’s Spousal Donation of Sick Leave Time Program (Form GCC-5 [Employee Donating Sick Leave to a Spouse Employed by the System]). Under specific circumstances a District employee may donate up to ten (10) sick leave days to his or her spouse. The spouse must also be an employee of the District, for the purposes of maternity, personal illness, illness of a family member, or death of a family member. Additional requirements also apply: (1) Both District employees must be a member of the District’s Catastrophic

Illness Leave Bank (CILB); (2) One spouse must have exhausted all available sick leave before being eligible

to receive the sick leave donation from his or her spouse; (3) Employees must be able to provide medical certification of illness/death, if

requested. (4) This is a one-time opportunity.

b. An employee may only exercise this option once during his/her employment with the District. An employee who has exercised the spousal donation option may request a subsequent spousal donation option by submitting a Hardship Leave Approval to the Benefits Office for a review of his/her request and determination if hardship leave is justifiable.

5. Personal/Professional: Eligible employees may utilize a limited number of days of short-term leave for personal and/or professional reasons. a. Maximum Days Allowed:

(1) Less Than 15 Years in the District: A maximum of three (3) days per school year of personal/professional leave will be available to all eligible employees who have less than 15 years experience in the District.

(2) 15 or More Years in the District: (a) Four (4) days per school year will be available for all eligible employees

with more than 15 years experience in the District. (b) Employees' years of experience will be evaluated as of June 30th and the

increase in personal days for the eligible employees will be effective July 1st of the new fiscal year.

b. Uses: (1) Personal leave is used by the employee to be absent from the job in order to

participate in activities/emergencies of a personal nature. (2) Professional leave is used by an employee to be absent from the job in order

to participate in conferences, meetings, and other activities of a professional nature when not representing the District.

c. Requests: (1) All requests for personal/professional leave must be made in advance and in

writing except in extreme emergencies using the Report of Absence Form (FS-348).

(2) Such leave may be used for personal or professional reasons, provided prior approval of the employee's absence is given by the employee’s Principal/Supervisor or designee.

(3) Employees seeking leave under this Rule will state whether the leave is "personal" or "professional."

d. Confidentiality of Reason for Request: Approval of an absence for personal reasons will not be conditioned upon disclosure of the specific purpose for which such absence is sought.

f. Denial of Request: (1) Excessive Absences:





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The Superintendent/Principal/Supervisor or designee may deny all requests for personal/professional leave at any time that the actual or anticipated absences of a specific school/department/division on a given date reach 10% of the total staff.

(2) Critical Days: Employee attendance on certain days, designated Critical Days, is crucial for effective school operation. Personal/professional leave cannot be used on these Critical Days. (a) The Leadership and Learning Division will declare which days are District-

wide Critical Days. (b) Principals/Supervisors may differentiate Critical Days for various employee

groups such as certificated or classified. (c) When emergency situations arise which necessitate an employee's

absence for personal/professional reasons on District-wide or school specific Critical Days, the Principal/Supervisor will approve or deny the request.

(d) School-Specific Critical Days: 1) Principals may declare school-specific Critical Days when faculty/staff

attendance is deemed critical for the well-being of students, the academic success of the school, or in response to emergencies. Examples include, but are not limited, to: a) Special events which create unstructured days for students (such

as field days) and/or bring large numbers of parents/guardians or other non-employees into the building;

b) State or District mandated testing; and c) School, regional or national disasters.

2) School-specific critical days may not be declared in an effort to reduce the number of employee absences on days routinely characterized by high absenteeism, such as Mondays or Fridays.

3) Principals are to submit their non-emergency school-specific Critical Days to the appropriate Area Assistant Superintendent for approval. These days should be part of the annual plan for covering classes when substitutes are not available.

4) In emergency situations, principals should confer with the appropriate Area Assistant Superintendent prior to declaring a school-specific Critical Day.

g. Accumulation: (1) Personal/Professional Accrual leave is deducted from the employee's

accumulated sick leave account. (2) When the maximum personal/professional leave days are not utilized in a

fiscal year, the unused days remain in the employee's sick leave account but do not accrue as additional personal/professional days for the subsequent fiscal year.

(3) An employee may not utilize more than three/four days, as determined by the employee’s experience in the District, of professional/personal leave during each fiscal year.

6. Short-term Military Leave: a. District employees are extended the right to short-term military leave of absence

upon receipt of official notification of call to active duty (includes National Guard or Reserve). This leave is not a part of the employee’s sick leave accrual.

b. When given a choice by the military, the employee will select the duty which will have the least detrimental effect on the employee’s job responsibilities. Upon receipt of official documentation, the employee shall be approved and granted up to eighteen (18) days of paid leave. The total number of approved short-term military leave days shall not exceed eighteen (18) days in any given fiscal year (October – June). Each leave approval requires new leave orders (official documentation and notification) to accompany the leave request. The employee will provide written documentation as to the duty being required and the required

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dates of duty should be submitted via submission of a completed Report of Absence Form. (FS 348).

7. Absences of Ten or More Consecutive Days: Employees/Supervisors are required to contact the Benefits Office if the employee's absence is expected to extend ten (10) consecutive days or more. Family Medical Leave Act provisions must be initiated if applicable. Insurance coverage must be monitored, and a supply teacher must be secured if appropriate.

8. Sick Leave/Short-term Leave Accrual: All eligible employees will be entitled to earn and use leave with full pay for sick leave/short-term absences as defined in this Rule. a. Beginning Employees:

(1) Beginning employees will be advanced six (6) five (5) days of leave, but will not earn additional leave until the end of the fourth month's service report.

(2) The beginning certified employee working less than an annual contract will be granted six (6) five (5) days of advanced leave upon completion of the first full day of work. The beginning employee will not be granted more leave days than can be earned during the school year.

(3) Employees transferring from other Georgia school systems with more than six (6) five (5) days of leave will not be advanced sick leave/short-term leave.

(4) Absence Without Leave but for Valid Cause: (a) Continued Absence:

An employee whose absences are due to a valid cause (see Section B above) who has exhausted his/her sick leave and who is not eligible for Family and Medical Leave or long-term leave (See Section C), will be permitted to remain absent without pay up to ten (10) additional work days for valid cause.

(b) Notification: 1) The Benefits Office will contact the employee to:

a) Inquire regarding his/her return to work; and b) Notify him/her of the specific dates of the additional ten (10) day

period. 2) The Benefits Office shall provide written notification to the employee

via first class mail of the ten (10) day period. (c) Additional Days:

The additional days, up to ten (10) work days, will begin the first day of absence following the exhaustion of the employee’s sick leave.

(d) At the conclusion of the additional ten (10)day period, the employee will be required to either return to work, establish eligibility for approved leave, or resign his/her position.

(e) Continued employee absence for valid cause but without available leave beyond the additional ten (10) day period will be considered job abandonment (See Section B.9.d).

(f) An employee who is separated from employment as a result of his/her continued absence without leave but with valid cause shall be eligible to reapply for employment with the District.

b. Accrual: (1) Employees will earn sick leave at the rate of 1-¼ days for each month of

service provided salary is earned for at least half of the work days in the service report period.

(2) Terminated employees will not earn sick leave for less than a complete month's work.

(3) Maximum: Employees' sick leave will be accumulated up to but not to exceed one hundred and twenty days. When an employee terminates service with the District, all accumulated leave will lapse unless the employee is re-employed within one (1) calendar year.

(4) Rate: This scale will be used to determine maximum annual accumulation of leave:

• 9 month employees (180 or 183 days) 11.25 days annually;

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• 9½ month employees (191 or 194 days) 11.875 days annually; • 10 month employees (200 days) 12.5 days annually; • 10½ month employees (210 days) 13.125 days annually; • 11 month employees (220 days) 13.75 days annually; • 12 month employees (240/260 days) 15 days annually.

(5) Unused Sick Leave/Short-term Leave: (a) Employees will not be paid for unused sick leave/short-term leave days

when employment with the District ends. (b) Retirement:

Unused sick leave/short-term leave may be converted to service credit. Please contact the Benefits Office for specific details or Teacher Retirement System for additional information.

9. Unauthorized Absences: a. Employee absences for other than the reasons listed above are considered a

violation of this Rule by the employee unless the absences are officially approved in advance by the Superintendent or designee.

b. Loss of Pay: Such absences may result in the deduction from the employee's salary of a full working day's pay for each day absent.

c. Proof of Absence: The District reserves the right to require acceptable proof when there is doubt that an employee's absence is not a result of an approved reason as defined above.

d. Job Abandonment: Absences other than those above may be deemed job abandonment. A classified employee who is absent from duty three (3) or more consecutive work days without proper notification and authorization shall be deemed to have abandoned his/her position, absent extenuating or mitigating circumstances, and such abandonment shall be considered a voluntary resignation of employment.

10. Enforcement/Documentation Responsibilities: a. The Superintendent and administrative staff are responsible for enforcing policies

of the Cobb County Board of Education and District Administrative Rules relative to employee absences and maintaining adequate records on the absences of all employees.

b. Violations of this Rule may be grounds for dismissal. 11. Substitutes:

a. Adequate advance preparation must be made by teacher and administrators to see that the learning process for students continues with a minimum of interruption when absences are necessary.

b. The District will pay a substitute/supply teacher whose service is necessary to replace a teacher on sick leave/short-term leave. It is the responsibility of the Principal or designee to secure the substitute teacher from the approved list. Supply teachers are secured by Human Resources Division. Also see Administrative Rules GBC (Staff Compensation) and GCG (Arrangements for Substitutes/Supply Teachers).

12. Temporary Employees: Temporary employees do not qualify for sick leave/short-term leave. The temporary employee will be notified on personnel action forms identifying the temporary status at the time of employment.

13. Units of Use: a. Exempt Employees:

Sick Leave/Short-term leave can be taken only in one-fourth, one-half, or full-day units for non-hourly employees.

b. Non-Exempt Employees: Employees on hourly payroll will be allowed to take leave as provided by the appropriate payroll system.

C. LONG-TERM LEAVE:

http://www.cobb.k12.ga.us/centraloffice/adminrules/G_Rules/Rule%20GBC.htm

http://www.cobb.k12.ga.us/centraloffice/adminrules/G_Rules/Rule%20GCG.htm

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Eligible employees of the District may be granted a leave of absence without salary for a period of one year for personal illness, family illness, first year care of a child, adoption, educational, or military purposes. The following eligibility qualifications and regulations will be observed regarding a long-term leave of absence: 1. General Provisions:

a. Effective January 1, 2012 employees with a hire date of January 1, 2012 or greater must have at least three (3) years of continuous service with the District to be eligible for long-term leave. Employees with a hire date prior to January 1, 2012 are considered grand-fathered and the eligibility requirement remains as one year of continuous service.

b. The employee is on a leave from the District and not from a specific school, division or department.

c. The employee who is on long-term leave of absence and accepts employment with an agency other than the District may forfeit all leave privileges.

d. Temporary employees do not qualify for long-term leave benefits. e. An eligible employee may complete a Request for Long-term Leave form (Form

GCC-6 [Request for Long-term Leave of Absence]) and (Form GCC-11 [Request to Continue Benefits During Long-term Leave]).

2. Illness: a. Qualifying Situations:

A prolonged, confining illness of the employee or an immediate member of one's family as defined in Section A above may be considered. This provision does not include child care unless associated with a prolonged illness of the employee’s child.

b. Physician’s Statement: The request for health leave must be accompanied by a Completed Disability Certification Form (Form GCC-2 [Disability Certification]). Ongoing medical documentation will be required during the one-year period of health leave.

c. Return to Work: The Human Resources Division will make every effort to find a position for re-employment for eligible employees who are returning from leaves of absence. (1) The employee will be responsible for notifying the Benefits Office in writing

not less than three (3)months before the date he/she desires to return to a position with the District or not less than three months before the expiration date of theleave. The employee must submit a Request to Return from Leave Form (Form GCC-7 [Request to Return from Long-term Leave of Absence]).

(2) If the employee does not request re-entry in writing before the expiration date of the leave, all leave privileges may be automatically terminated.

(3) The employee must present a Release to Return to Work Form (Form GCC-8 [Release to Return to Work]) when he/she desires to return from a personal health leave to a position in the District: (a) The release must attest that the employee is physically and emotionally

capable of assuming the responsibilities of the position. (b) Should the District request additional information, the District and the

employee may designate, at the District's expense, a second physician to examine and/or evaluate the employee.

(4) An employee will not be permitted to return to his/her assigned duties for a period of less than ten (10) consecutive work days in order to reestablish his/her continuity of service. If an employee does not work at least ten (10) consecutive days following the return from long-term leave, he/she will automatically be returned to long-term leave status.

(5) The employee placed on long-term leave of absence will be considered for re-employment in the same status/category previously held if: (a) Acceptable medical documentation is received verifying that the employee

is able to assume the required duties of the position; (b) The employee possesses all the skills and the qualifications required for

that particular position; and






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(c) If such a position is available. Should a position of the same status/category not be available, the employee may be offered a position at a comparable status/category or a position one level below his/her previous status/category until a position becomes available in the status/category held by the employee prior to being placed on long-term leave.

d. Leave Accounts: (1) During long-term leaves (not for personal health), accumulated short-term

leave will be maintained in the account of the employee. (2) Sick leave will not accrue during the long-term leave of absence. (3) For long-term personal health leave, long-term leave begins the first calendar

day after short-term leave has been exhausted. e. Termination of Leave of Absence:

The leave of absence will be terminated at the expiration date of the leave if the employee declines an offer of employment in the same status or category previously held.

f. 120-Day Provision: When an employee has been absent for personal illness in excess of 120 working days, with or without pay, the: (1) Employee will be placed on long-term leave of absence. (2) The District reserves the right to place an employee on long-term health

leave of absence when it is projected and verified by a physician that the employee will be absent in excess of 120 working days.

3. First Year Care of a Child/Adoption: General Provision: District employees may be granted a long-term leave of absence for one year without pay for the purpose of first year care of a child (either birth or adoption). Requires completion of Request for Long-term Leave of Absence (Form GCC-6) and Request to Continue Benefits During Long-term Leave (Form GCC-11).

4. Educational: a. General Provisions:

(1) District employees may be granted educational leave of absence (Form GCC-6 [Request for Long-term Leave of Absence]) and (Form GCC-11 [Request to Continue Benefits During Long-term Leave]) for one (1) year without pay for the purpose of completing graduate college credit.

(2) This educational study must lead to an advanced professional certificate. (3) A letter of acceptance into an approved program will be required. Approved

professional education programs are based on established state standards. (4) The employee must:

(a) Complete a minimum of thirty (30) quarter hours, or the equivalent; or (b) Earn the next highest degree within the year of the granted leave of

absence. (5) Employees who occupy positions which do not require certification will be

granted a long-term leave of absence for the purpose of completing requirements for a teaching certificate.

(6) Employees occupying classified or professional/technical positions may be granted a long-term leave of absence to earn a degree in a job related area. The employee must complete: (a) A minimum of thirty (30) quarter hours, or the equivalent; or (b) Certification requirements.

(7) An official transcript will be required at the end of the approved leave period. 5. Military:

No applicant or employee will be denied employment, re-employment, or any benefit of employment on the basis of membership in a uniformed service, application for membership in a uniformed service, performance of service, application for service, or obligation to perform service. a. General Provisions:



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Employees will be granted long-term leave without pay (Form GCC-6 [Request for Long-term Leave of Absence]) and (Form GCC-11 [Request to Continue Benefits During Long-term Leave]) from the District for military service in the United States’ uniformed services provided the employee meets the following conditions. The employee: (1) Was not separated from service under other than honorable conditions or

under other conditions specified in 38 U.S.C. '4304. (2) Gives advance written or verbal notice of an upcoming absence due to

military service. b. Term of Employment:

(1) If the employee completed a period of uniformed military service of less than thirty-one (31) calendar days, or if the employee was absent due to an examination to determine the persons' fitness to perform service, the employee must report his/her intention to return on the first work day after a time period including time for safe transportation from the site of the service to his/her residence, plus eight (8) hours.

(2) If the period of uniformed military service was between thirty-one (31) and one hundred and eighty-one (181) calendar days, the employee must submit the Request to Return from Long Term Leave (Form GCC-7 [Request to Return from Long Term Leave of Absence]) within fourteen (14) days after arriving home after the period of service.

(3) If the period of service was for more than one hundred and eighty (180) calendar days, notice must be given within ninety (90) days after arriving home.

(4) The above time periods may be extended if the employee is delayed by factors beyond the employee's control.

c. Failure to Provide Notice: Any day on which the employee fails to give any notice required by this Rule shall be deemed an unexcused absence and subject the employee to appropriate disciplinary action.

d. Rights and Benefits: (1) This Rule is intended to and shall impose only those rights, benefits, and

obligations as set forth in 38 U.S.C. '4301 et seq. (2) The employee who is absent due to military service will be given all rights and

benefits not determined by seniority as any other employee would receive during furlough or leave of absence.

e. Return To Work: The employee is only entitled to reinstatement if the cumulative length of the employee's latest absence and all previous absence by reason of military service does not exceed five (5) years. This five (5) year period may be extended under certain conditions as provided in 38 U.S.C. '4312. (1) An employee who returns to work under this Rule is entitled to the seniority

and other rights and benefits as though the person had remained continuously employed.

(2) An employee entitled to return to work shall return in: (a) The position which he/she would have held if his/her employment had not

been interrupted; or (b) A position of like seniority, status and pay, the duties of which the person

is qualified to perform, if the period of military service was more than ninety (90) days.

(c) A position of like seniority, status and pay, the duties of which the employee is qualified to perform, only if the person is not qualified to perform the duties set forth in the previous sentence after reasonable efforts of the District to qualify the person.

(3) Employees whose period of service was less than ninety-one (91) days, or persons who have a disability incurred in or aggravated during service, shall be returned to work in the position each person would have held if his/her employment had not been interrupted, if qualified, and the District shall make




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reasonable efforts to qualify the person or to accommodate the disability. If not qualified after reasonable efforts, these employees may be placed as provided in 38 U.S.C. '4313.

(4) The District is not required to return to work any person if: (a) The District's circumstances have changed so as to make such returning

to work impossible or unreasonable; (b) Returning to work would impose an undue hardship on the District; or (c) If the employment left by the employee is for a brief, non-recurrent period

and there is no reasonable expectation that such employment will continue indefinitely or for a significant period.

f. Experience Credit: An employee re-employed under this Rule will be given experience credit as though employed during the period of leave for the purpose of computing annual salary according to regulations of the State Board of Education.

g. Discharge: The employee returning to work after service may not be discharged for cause until: (1) One (1) year after the date of returning to work, if the period of service was

more than one hundred and eighty (180) days; (2) One hundred and eighty (180) days if the period of service was between

thirty one (31) and one hundred and eighty (180) days. D. MATERNITY/ADOPTION: The following regulations will be observed regarding maternity/adoption leave: 1. The supervisor or employee must contact the appropriate administrator in the Benefits Office to apply for maternity/adoption leave. If appropriate, Family and Medical Leave provisions may be initiated, insurance coverage monitored, and a supply teacher secured. 2. Employees are eligible to apply for up to 30 days of accrued paid sick leave for an adoption. With respect to childbirth, an employee is eligible to apply for accrued paid sick leave for the period of disability certified by their physician. 3. In cases where both parents are employed by the District, the combined amount of paid sick leave for the adoption of an infant is limited to thirty (30) work days. Sick leave is non-transferable, other than in the cases of Spousal Donation as outlined in Section B.4 above. 4. An infant is defined as a newborn for purposes of this Administrative Rule. 5. The Request for Maternity/Adoption Leave (Form GCC-10 [Request for Maternity- Adoption Leave]) must be accompanied by the appropriate documentation. A certificate from the adoption agency or the attorney who arranges the adoption is required when maternity/adoption leave is requested due to an adoption. The statement must certify an adoption has occurred or is imminent. A disability certification form is required when maternity/adoption leave is requested for childbirth. 6. A copy of the official adoption papers must be sent to the appropriate administrator in the Benefits Office within ten (10) days of the adoption. E. DIRECTED LEAVE:

Employees of the District may be provided directed leave to attend meetings and activities as representatives of the school District where such representation is beneficial to the District. Directed leave requires prior approval of the employee's supervisor. Absences resulting from directed leave will not be charged against the employee's accumulated leave account nor will they result in loss of pay. 1. Designated:

Administrators/Supervisors may select employees to attend conferences, meetings, and workshops.

2. Requested: Employees may request up to two (2) days per school year of directed leave for educational activities of their choosing to attend educational conferences, meetings,


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workshops and organizational activities. Administrators/supervisors will determine whether this directed leave is paid for by District funds or funds from other organizations.

F. LEAVE FOR LEGAL DUTIES:

Absences resulting from the following circumstances will not be charged against the employee's accumulated leave account nor will they result in loss of pay. 1. Employees will be allowed to serve on jury duty with no loss of pay. Employees

serving on Jury Duty should complete a Report of Absence Form (Form FS-348). 2. Employees who are subpoenaed as witnesses and who have no direct personal

interest in the proceedings will be allowed the absence with no loss of pay. Adopted: 8/10/77 Reclassified an Administrative Rule: 9/1/04 Reviewed: 6/19/86 Revised: 7/10/79; 7/1/81; 9/23/82; 5/26/83; 8/8/84; 2/13/86; 2/28/91; 6/27/91; 9/22/94; 6/9/04; 10/13/04; 7/1/05; 11/14/07; 2/13/08; 6/11/08; 2/10/10; 4/13/11;9/14/11; ?/?/12

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Employee Recruitment of Personnel BROWN font indicates content recommended by Policy Development

GCE GARC-R

11/14/07 ?/?/12

RATIONALE/OBJECTIVE: The Cobb County School District (District) believes that an active recruitment program is essential to attract the most competent and qualified personnel to work in Cobb County schools. The Superintendent or designee shall develop regulations. The purpose of recruitment is to assist all units of administration under the jurisdiction of the Cobb County Board of Education (Board) with the recruitment of personnel. RULE: A. JOB DISCRIMINATION:

Board Policies and District Administrative Rules concerning employment discrimination apply to this Rule.

B. REGULATIONS:

Recruitment of personnel shall be subject to the following regulations: 1. Job announcements shall be sent to appropriate college/university placement offices

which have the responsibility of assisting students in locating positions. Appropriate colleges and universities shall mean colleges and universities with approved preparation programs in the District's region of the state which corresponds to the region for the Regional Educational Services Director of the Department of Education.

2. Job announcements for specific positions need to contain the date of the announcement, the name of the contact person or office, address and/or telephone number, method of making application (letter of inquiry or telephone call), degree or degrees considered for position(s), type of Georgia certification needed, special qualifications, if any, and deadline date for making application, if applicable.

3. Job announcements shall be sent to Recruitment Services, State Department of Education. Posting of vacancies with Recruitment Services may be handled one of the following ways: a. A job announcement similar to the one sent to the colleges and universities may

be sent to Recruitment Services. To speed up the posting of vacancies, the District may telephone Recruitment Services, and the person answering the call will complete a form containing the information needed to post the vacancy(ies).

b. Job announcements may also be placed on the Internet. 4. Copies of specific job announcements sent to colleges and universities and Teacher

Recruitment should be kept on file in the Human Resources Division. The names of recipients should be included on the job announcement kept on file.

5. The Human Resources Division may also announce vacant positions in the legal organ of the county and to colleges and universities in other states.

6. The Human Resources Division may maintain involvement of an active recruitment team of current certificated personnel to contribute ideas and resources to assist in recruiting. This team may request and utilize outside resources as needed.

Effective: 1/28/88 Reclassified an Administrative Rule: 9/1/04 Revised: 6/27/91; 1/13/99; 2/22/01; 11/14/07; ?/?/12

Reference included in new Policy

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Employee Evaluation of Employees BROWN font indicates content recommended by Policy Development

GCO GARI-R

1/13/10 ?/?/12

RATIONALE/OBJECTIVE: Employee evaluations seek to:

• Ensure high-quality instruction; • Comply with State law, Cobb County Board of Education (Board) Policy, and Cobb County School District (District) Rules; • Recognize outstanding performance; • Provide opportunities for two-way communication about goals and performance; and • Document objective information needed for decisions about assignments, transfers, and/or promotions.

RULE: All District employees will be notified annually of evaluation procedures during meetings held prior to October 1. A. SUPERINTENDENT:

The Board will evaluate the Superintendent annually, including the provisions of Board Policy BDD (Board-Superintendent Relationship), and share the results of the evaluation with the Superintendent in executive session. The evaluation will be jointly developed by the Board and the Superintendent.

B. CERTIFICATED EMPLOYEES: 1. Timeline:

A written annual evaluation shall be completed, signed, and provided to each certificated professional employee prior to April 1 of each year. Any administrator who fails to comply with this Rule which is in accordance with state law will be subject to discipline up to and including termination. Any administrator failing to comply with this Rule may be reported to the Professional Standards Commission. Information gathered from observations made on or after April 1 shall not be included in the evaluation conference held after that date. However, information gathered from observations made on or after April 1 may be included in a supplemental evaluation that must be held with the employee prior to May 20 if such a supplemental evaluation is deemed necessary.

2. Academic Gains: It is recognized that in some instances a determination of the academic gains of the students assigned to a teacher is dependent upon student assessments which have not yet been administered at the time of the annual evaluation or, if they have been administered, the results are not yet available at the time of the annual evaluation. In such instances, the annual teacher evaluation shall be performed on the basis of information available at the time and shall be considered as the annual evaluation for the purposes of this Rule. As results of student assessments subsequently become available, an addendum to the annual evaluation shall be completed and become part of the teacher's cumulative evaluative record which may be used in a teacher's subsequent annual evaluations.

C. OTHER EMPLOYEES: All other employees will be evaluated annually by the immediate supervisor prior to June 30 unless a special exception has been granted by the Superintendent or designee. In those instances in which an extension has been granted, the evaluation must be

New Board Policy CEI

http://www.cobb.k12.ga.us/centraloffice/adminrules/B_Rules/Policy_BDD.pdf

Page 2 of 2

completed by October 1. In each case, the evaluation will encompass the prior school and fiscal year (July l-June 30).

D. GUIDELINES: The following regulations will be observed regarding the evaluation of employees: 1. Supervisors will be provided training in evaluation techniques; 2. Evaluation results will be reviewed with employees annually; 3. Evaluations will be written, based in part on job descriptions, and staff development

will be provided to address identified needs; 4. Board approved evaluation plans and procedures will be used to evaluate all

employees in accordance with Georgia Board of Education rules and Georgia law. 5. A copy of the annual evaluation results will be provided to each employee. The

original of each evaluation will be sent to the Human Resources Division for filing in the employee’s personnel file.

Adopted: 9/23/82 Reclassified an Administrative Rule: 9/1/04 Revised: 7/1/88; 6/27/91; 9/22/94; 3/28/96; 07/25/96; 2/22/01; 11/14/07; 8/13/08; 1/13/10

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