The Education Cooperative

 

 

 

Personnel Policy Manual

 

October, 2010

 

 

 

 

 

 

 

 

 

 

 

 

 

The Education Cooperative

 

 

 

Nancy Sullivan

Executive Director

 

 

 

 

 

 

 

 

 

 

 

 

The Education Cooperative

1112 High Street; PO Box 186

Dedham, MA 02027

 

 

Phone: 781-326-2473

Fax: 781-251-0874

 

 

 

 

POLICY MANUAL RECEIPT ACKNOWLEDGMENT

 

The Policy Manual Receipt acknowledgement can be downloaded and printed from here:

http://www.tec-coop.org/hr/Forms/ManualReceipt.pdf

 

THIS FORM SHOULD BE RETURNED, WITHIN SEVEN (7) DAYS OF RECEIPT TO:

 

HR Coordinator

P.O. Box 186

1112 High Street

Dedham, MA 02027

 

Fax: 781-251-0692

 

 

THIS POLICY MANUAL HAS BEEN WRITTEN TO PROVIDE INFORMATION AND GUIDANCE FOR OUR EMPLOYEES. TEC RESERVES THE RIGHT TO CHANGE, ADD TO OR DELETE ANY OF THE PROVISIONS IN THIS MANUAL AT ANY TIME. THIS MANUAL IS NOT A CONTRACT. ALL EMPLOYMENT WITH THE ORGANIZATION IS ON AN AT-WILL BASIS. AS SUCH, YOU OR THE ORGANIZATION MAY TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME AND FOR ANY REASON. IT IS EXPECTED THAT EMPLOYEES PROVIDE A THIRTY (30) DAY NOTICE TO MINIMIZE DISRUPTION IN STUDENT SERVICES.

 

TABLE OF CONTENTS

 

For a printable version of this document, click here.

 

GENERAL POLICIES

 

 

EMPLOYMENT POLICIES

           

BEGINNING EMPLOYMENT

 

 

 

COMPENSATION/BENEFITS

 

 

TIME OFF

 

FORMS

 


ABOUT THE EDUCATION COOPERATIVE

 

The Education Cooperative (TEC), one of 29 collaboratives in the state of Massachusetts, was formed pursuant to Massachusetts General Law Chapter 40: Section 4E to conduct education programs and services which complement and strengthen the school programs of member school committees and increase educational opportunities for children.

 

TEC provides member school districts with high quality, cost effective educational services that assist seventeen communities, and effectively meet the needs of students and staff. The member towns are Canton, Dedham, Dover, Dover/Sherborn, Framingham, Holliston, Hopkinton, Medfield, Millis, Natick, Needham, Norwood, Sherborn, Walpole, Wayland, Wellesley, and Westwood.

 

The major goals of TEC are:

á      To develop, refine and deliver special education services to meet the needs of students, state and federal mandates.

á      To support and educate towns to encourage educational use of emerging technologies.

á      To coordinate and implement regional career and vocational services designed to plan and prepare students for immediate or future employment.

á      To coordinate and implement services for all students, ages 3-22 years.

á      To operate alternative high schools for capable students who need academic and emotional support.

á      To plan and provide regional professional development programs/services through Job Alike Groups.

á      To plan and provide regional support services, capitalizing on economies of scale, i.e.: cooperative purchasing.


INTRODUCTION

 

This manual has been prepared to acquaint you with the personnel policies and benefits that are generally applicable to TEC staff. The policies included in this manual supersede any information found in previous manuals. Please be advised that changes to policies are made from time to time.

 

This manual provides a general guide to TECÕs policies. Due to the ever-evolving nature of our organization the information found in this handbook is not all-inclusive. We recognize that rigid policies can at times be unfair and we reserve the right to modify, suspend, or deviate from these policies if a situation warrants special consideration. Determination of special consideration will be made only by TECÕs Executive Director.

 

All employees are encouraged to direct questions or concerns regarding these policies to the Human Resources Department:

 

P.O. Box 186

1112 High Street

Dedham, MA 02027

781-326-2473

hr@tec-coop.org

 

 

THE EDUCATION COOPERATIVEÕS ETHICS CODE

 

TEC is committed to the highest ethical and professional standards of conduct as an integral part of its mission to provide the greatest quality service to our member school districts. To achieve this goal TEC relies on each staff memberÕs ethical behavior, honesty, integrity, and good judgment. The ethics code cannot address all situations as they may arise but provides a framework to assist our staff members in understanding their obligations. Employee violations of any part of the ethics code will be treated as a violation of TEC policy and may result in disciplinary action; up to and including termination. Additionally, prosecution under state or federal laws may apply.

 

Code of Conduct

 

Employees of TEC have an obligation to respect and to be fair to other staff members and students. Employees must not engage in, nor permit, harassment or illegal discrimination. Spoken or written intimidation, harassment, coercion, or threats of violence are unacceptable and will not be tolerated. Additionally, behavior that jeopardizes the health and safety of staff or students is unacceptable. Finally, unprofessional activities such as inappropriate language, posting of inappropriate materials on TEC property, or accessing inappropriate materials on TEC computers is strictly prohibited.

 

Compliance with Laws and Regulations

 

Employees of TEC are expected to work within the framework of all federal, state, and local laws and regulations related to their positions and areas of responsibility; including, but not limited to: equal opportunity, fair employment practice, non-discrimination, and workplace safety laws. Also included are all privacy and confidentiality laws as they pertain to student records.

 

Conflict of Interest

 

The Conflict of Interest Law, Chapter 268A of Massachusetts General Laws governs conduct of public employees and as such, requires that public employees give undivided loyalty to the state and act in the public interest rather than for private gain. The purpose of the law is to ensure that public employeeÕs private financial interests and personal relationships do not conflict with their public obligations. This summary of the conflict of interest law is intended to help municipal employees understand how that law applies to them. This summary is not a substitute for legal advice, nor does it mention every aspect of the law that may apply in a particular situation. Municipal employees can obtain free confidential advice about the conflict of interest law from the CommissionÕs Legal Division at our website, phone number, and address above. Municipal counsel may also provide advice.


The conflict of interest law seeks to prevent conflicts between private interests and public duties, foster integrity in public service, and promote the publicÕs trust and confidence in that service by placing restrictions on what municipal employees may do on the job, after hours, and after leaving public service, as described below. The sections referenced below are sections of G.L. c. 268A.


When the Commission determines that the conflict of interest law has been violated, it can impose a civil penalty of up to $10,000 ($25,000 for bribery cases) for each violation. In addition, the Commission can order the violator to repay any economic advantage he gained by the violation, and to make restitution to injured third parties. Violations of the conflict of interest law can also be prosecuted criminally.


I. Are you a municipal employee for conflict of interest law purposes?

 

You do not have to be a full-time, paid municipal employee to be considered a municipal employee for conflict of interest purposes. Anyone performing services for a city or town or holding a municipal position, whether paid or unpaid, including full- and part-time municipal employees, elected officials, volunteers, and consultants, is a municipal employee under the conflict of interest law. An employee of a private firm can also be a municipal employee, if the private firm has a contract with the city or town and the employee is a Òkey employeeÓ under the contract, meaning the town has specifically contracted for her services. The law also covers private parties who engage in impermissible dealings with municipal employees, such as offering bribes or illegal gifts.

                                            
II. On-the-job restrictions.

 

(a) Bribes. Asking for and taking bribes is prohibited. (See Section 2)

A bribe is anything of value corruptly received by a municipal employee in exchange for the employee being influenced in his official actions. Giving, offering, receiving, or asking for a bribe is illegal.

 

Bribes are more serious than illegal gifts because they involve corrupt intent. In other words, the municipal employee intends to sell his office by agreeing to do or not do some official act, and the giver intends to influence him to do so. Bribes of any value are illegal.

 

(b) Gifts and gratuities. Asking for or accepting a gift because of your official position, or because of something you can do or have done in your official position, is prohibited. (See Sections 3, 23(b) (2), and 26)

Municipal employees may not accept gifts and gratuities valued at $50 or more given to influence their official actions or because of their official position. Accepting a gift intended to reward past official action or to bring about future official action is illegal, as is giving such gifts. Accepting a gift given to you because of the municipal position you hold is also illegal. Meals, entertainment event tickets, golf, gift baskets, and payment of travel expenses can all be illegal gifts if given in connection with official action or position, as can anything worth $50 or more. A number of smaller gifts together worth $50 or more may also violate these sections.


Example of violation: A town administrator accepts reduced rental payments from developers.


Example of violation: A developer offers a ski trip to a school district employee who oversees the developerÕs work for the school district.


Regulatory exemptions. There are situations in which a municipal employeeÕs receipt of a gift does not present a genuine risk of a conflict of interest, and may in fact advance the public interest. The Commission has created exemptions, and is considering creating additional exemptions, permitting giving and receiving gifts in these situations. One commonly used exemption permits municipal employees to accept payment of travel-related expenses when doing so advances a public purpose. Other exemptions are listed on the CommissionÕs website.


Example where there is no violation: A fire truck manufacturer offers to pay the travel expenses of a fire chief to a trade show where the chief can examine various kinds of fire-fighting equipment that the town may purchase. The chief fills out a disclosure form and obtains prior approval from his appointing authority.


(c) Misuse of position. Using your official position to get something you are not entitled to, or to get someone else something they are not entitled to, is prohibited. Causing someone else to do these things is also prohibited. (See Sections 23(b) (2) and 26)

A municipal employee may not use her official position to get something worth $50 or more that would not be properly available to other similarly situated individuals. Similarly, a municipal employee may not use her official position to get something worth $50 or more for someone else that would not be properly available to other similarly situated individuals. Causing someone else to do these things is also prohibited.


Example of violation: A full-time town employee writes a novel on work time, using her office computer, and directing her secretary to proofread the draft.


Example of violation: A city councilor directs subordinates to drive the councilorÕs wife to and from the grocery store.


Example of violation: A mayor avoids a speeding ticket by asking the police officer who stops him, ÒDo you know who I am?Ó and showing his municipal I.D.


(d) Self-dealing and nepotism. Participating as a municipal employee in a matter in which you, your immediate family, your business organization, or your future employer has a financial interest is prohibited. (See Section 19)

A municipal employee may not participate in any particular matter in which he or a member of his immediate family (parents, children, siblings, spouse, and spouseÕs parents, children, and siblings) has a financial interest. He also may not participate in any particular matter in which a prospective employer, or a business organization of which he is a director, officer, trustee, or employee has a financial interest. Participation includes discussing as well as voting on a matter, and delegating a matter to someone else.


A financial interest may create a conflict of interest whether it is large or small, and positive or negative. In other words, it does not matter if a lot of money is involved or only a little. It also does not matter if you are putting money into your pocket or taking it out. If you, your immediate family, your business, or your employer have or has a financial interest in a matter, you may not participate. The financial interest must be direct and immediate or reasonably foreseeable to create a conflict. Financial interests which are remote, speculative or not sufficiently identifiable do not create conflicts.


Example of violation: A school committee memberÕs wife is a teacher in the townÕs public schools. The school committee member votes on the budget line item for teachersÕ salaries.


Example of violation: A member of a town affordable housing committee is also the director of a non-profit housing development corporation. The non-profit makes an application to the committee, and the member/director participates in the discussion.

Example: A planning board member lives next door to property where a developer plans to construct a new building. Because the planning board member owns abutting property, he is presumed to have a financial interest in the matter. He cannot participate unless he provides the State Ethics Commission with an opinion from a qualified independent appraiser that the new construction will not affect his financial interest.


In many cases, where not otherwise required to participate, a municipal employee may comply with the law by simply not participating in the particular matter in which she has a financial interest. She need not give a reason for not participating.


There are several exemptions to this section of the law. An appointed municipal employee may file a written disclosure about the financial interest with his appointing authority, and seek permission to participate notwithstanding the conflict. The appointing authority may grant written permission if she determines that the financial interest in question is not so substantial that it is likely to affect the integrity of his services to the municipality. Participating without disclosing the financial interest is a violation. Elected employees cannot use the disclosure procedure because they have no appointing authority.


Example where there is no violation: An appointed member of the town zoning advisory committee, which will review and recommend changes to the townÕs by-laws with regard to a commercial district, is a partner at a company that owns commercial property in the district. Prior to participating in any committee discussions, the member files a disclosure with the zoning board of appeals that appointed him to his position, and that board gives him a written determination authorizing his participation, despite his companyÕs financial interest. There is no violation.


There is also an exemption for both appointed and elected employees where the employeeÕs task is to address a matter of general policy and the employeeÕs financial interest is shared with a substantial portion (generally 10% or more) of the townÕs population, such as, for instance, a financial interest in real estate tax rates or municipal utility rates.


(e) False claims. Presenting a false claim to your employer for a payment or benefit is prohibited, and causing someone else to do so is also prohibited. (See Sections 23(b)(4) and 26)

A municipal employee may not present a false or fraudulent claim to his employer for any payment or benefit worth $50 or more, or cause another person to do so.


Example of violation: A public works director directs his secretary to fill out time sheets to show him as present at work on days when he was skiing.


(f) Appearance of conflict. Acting in a manner that would make a reasonable person think you can be improperly influenced is prohibited. (See Section 23(b)(3))

A municipal employee may not act in a manner that would cause a reasonable person to think that she would show favor toward someone or that she can be improperly influenced. Section 23(b)(3) requires a municipal employee to consider whether her relationships and affiliations could prevent her from acting fairly and objectively when she performs her duties for a city or town. If she cannot be fair and objective because of a relationship or affiliation, she should not perform her duties. However, a municipal employee, whether elected or appointed, can avoid violating this provision by making a public disclosure of the facts. An appointed employee must make the disclosure in writing to his appointing official.


Example where there is no violation: A developer who is the cousin of the chair of the conservation commission has filed an application with the commission. A reasonable person could conclude that the chair might favor her cousin. The chair files a written disclosure with her appointing authority explaining her relationship with her cousin prior to the meeting at which the application will be considered. There is no violation of Sec. 23(b)(3).


(g) Confidential information. Improperly disclosing or personally using confidential information obtained through your job is prohibited. (See Section 23(c))

Municipal employees may not improperly disclose confidential information, or make personal use of non-public information they acquired in the course of their official duties to further their personal interests.


III. After-hours restrictions.


(a) Taking a second paid job that conflicts with the duties of your municipal job is prohibited. (See Section 23(b)(1))

A municipal employee may not accept other paid employment if the responsibilities of the second job are incompatible with his or her municipal job.


Example: A police officer may not work as a paid private security guard in the town where he serves because the demands of his private employment would conflict with his duties as a police officer.


(b) Divided loyalties. Receiving pay from anyone other than the city or town to work on a matter involving the city or town is prohibited. Acting as agent or attorney for anyone other than the city or town in a matter involving the city or town is also prohibited whether or not you are paid. (See Sec. 17)

 

Because cities and towns are entitled to the undivided loyalty of their employees, a municipal employee may not be paid by other people and organizations in relation to a matter if the city or town has an interest in the matter. In addition, a municipal employee may not act on behalf of other people and organizations or act as an attorney for other people and organizations in which the town has an interest. Acting as agent includes contacting the municipality in person, by phone, or in writing; acting as a liaison; providing documents to the city or town; and serving as spokesman.


A municipal employee may always represent his own personal interests, even before his own municipal agency or board, on the same terms and conditions that other similarly situated members of the public would be allowed to do so. A municipal employee may also apply for building and related permits on behalf of someone else and be paid for doing so, unless he works for the permitting agency, or an agency which regulates the permitting agency.


Example of violation: A full-time health agent submits a septic system plan that she has prepared for a private client to the townÕs board of health.


Example of violation: A planning board member represents a private client before the board of selectmen on a request that town meeting consider rezoning the clientÕs property.

While many municipal employees earn their livelihood in municipal jobs, some municipal employees volunteer their time to provide services to the town or receive small stipends. Others, such as a private attorney who provides legal services to a town as needed, may serve in a position in which they may have other personal or private employment during normal working hours. In recognition of the need not to unduly restrict the ability of town volunteers and part-time employees to earn a living, the law is less restrictive for ÒspecialÓ municipal employees than for other municipal employees.


The status of ÒspecialÓ municipal employee has to be assigned to a municipal position by vote of the board of selectmen, city council, or similar body. A position is eligible to be designated as ÒspecialÓ if it is unpaid, or if it is part-time and the employee is allowed to have another job during normal working hours, or if the employee was not paid for working more than 800 hours during the preceding 365 days. It is the position that is designated as ÒspecialÓ and not the person or persons holding the position. Selectmen in towns of 10,000 or fewer are automatically ÒspecialÓ; selectman in larger towns cannot be Òspecials.Ó


If a municipal position has been designated as Òspecial,Ó an employee holding that position may be paid by others, act on behalf of others, and act as attorney for others with respect to matters before municipal boards other than his own, provided that he has not officially participated in the matter, and the matter is not now, and has not within the past year been, under his official responsibility.


Example: A school committee member who has been designated as a special municipal employee appears before the board of health on behalf of a client of his private law practice, on a matter that he has not participated in or had responsibility for as a school committee member. There is no conflict. However, he may not appear before the school committee, or the school department, on behalf of a client because he has official responsibility for any matter that comes before the school committee. This is still the case even if he has recused himself from participating in the matter in his official capacity.


Example: A member who sits as an alternate on the conservation commission is a special municipal employee. Under town by-laws, he only has official responsibility for matters assigned to him. He may represent a resident who wants to file an application with the conservation commission as long as the matter is not assigned to him and he will not participate in it.


(c) Inside track. Being paid by your city or town, directly or indirectly, under some second arrangement in addition to your job is prohibited, unless an exemption applies. (See Section 20)

A municipal employee generally may not have a financial interest in a municipal contract, including a second municipal job. A municipal employee is also generally prohibited from having an indirect financial interest in a contract that the city or town has with someone else. This provision is intended to prevent municipal employees from having an Òinside trackÓ to further financial opportunities.


Example of violation: Legal counsel to the town housing authority becomes the acting executive director of the authority, and is paid in both positions.


Example of violation: A selectman buys a surplus truck from the town DPW.


Example of violation: A full-time secretary for the board of health wants to have a second job working part-time for the town library. She will violate Section 20 unless she can meet the requirements of an exemption.


Example of violation: A city councilor wants to work for a non-profit that receives funding under a contract with her city. Unless she can satisfy the requirements of an exemption under Section 20, she cannot take the job.


There are numerous exemptions. A municipal employee may hold multiple unpaid or elected positions. Some exemptions apply only to special municipal employees. Specific exemptions may cover housing-related benefits, public safety positions, certain elected positions, small towns, and other specific situations. Please call the Ethics CommissionÕs Legal Division for advice about a specific situation.


IV. After you leave municipal employment. (See Section 18)


(a) Forever ban. After you leave your municipal job, you may never work for anyone other than the municipality on a matter that you worked on as a municipal employee.

If you participated in a matter as a municipal employee, you cannot ever be paid to work on that same matter for anyone other than the municipality, nor may you act for someone else, whether paid or not. The purpose of this restriction is to bar former employees from selling to private interests their familiarity with the facts of particular matters that are of continuing concern to their former municipal employer. The restriction does not prohibit former municipal employees from using the expertise acquired in government service in their subsequent private activities.


Example of violation: A former school department employee works for a contractor under a contract that she helped to draft and oversee for the school department.


(b) One year cooling-off period. For one year after you leave your municipal job you may not participate in any matter over which you had official responsibility during your last two years of public service.

Former municipal employees are barred for one year after they leave municipal employment from personally appearing before any agency of the municipality in connection with matters that were under their authority in their prior municipal positions during the two years before they left.


Example: An assistant town manager negotiates a three-year contract with a company. The town manager who supervised the assistant, and had official responsibility for the contract but did not participate in negotiating it, leaves her job to work for the company to which the contract was awarded. The former manager may not call or write the town in connection with the companyÕs work on the contract for one year after leaving the town.


(c) Partners. Your partners will be subject to restrictions while you serve as a municipal employee and after your municipal service ends.

Partners of municipal employees and former municipal employees are also subject to restrictions under the conflict of interest law. If a municipal employee participated in a matter, or if he has official responsibility for a matter, then his partner may not act on behalf of anyone other than the municipality or provide services as an attorney to anyone but the city or town in relation to the matter.


Example: While serving on a cityÕs historic district commission, an architect reviewed an application to get landmark status for a building. His partners at his architecture firm may not prepare and sign plans for the owner of the building or otherwise act on the ownerÕs behalf in relation to the application for landmark status. In addition, because the architect has official responsibility as a commissioner for every matter that comes before the commission, his partners may not communicate with the commission or otherwise act on behalf of any client on any matter that comes before the commission during the time that the architect serves on the commission.


Example: A former town counsel joins a law firm as a partner. Because she litigated a lawsuit for the town, her new partners cannot represent any private clients in the lawsuit for one year after her job with the town ended.


* * * * *

This summary is not intended to be legal advice and, because it is a summary, it does not mention every provision of the conflict law that may apply in a particular situation. Our website, http://www.mass.gov/ethics, contains further information about how the law applies in many situations. You can also contact the CommissionÕs Legal Division via our website, by telephone, or by letter. Our contact information is at the top of this document.


 Version 3: Revised October 7, 2009

 

 

Consulting and Outside Employment

 

If the employee is a full time employee of TEC, the employeeÕs main employment responsibility is to TEC. If an employee is currently engaged in outside employment or consulting the employee must disclose this information directly to the Executive Director.

 

Confidentiality

 

TEC is committed to protecting the privacy of individuals (employees and students) and the confidentiality of records. Employees must safeguard confidential information by not leaving confidential documents unattended, discussing confidential matters where they can be overheard, and through consistent maintenance and safe-keeping of past and present student and employee records. All staff, at all times, including non-work time, must maintain professional decorum. At no time should staff members make comments that could be construed as demeaning, derogatory or unprofessional concerning TEC programs and/or services, students, parents, TEC staff and/or host school staff or outside service agencies. All staff, and in particular non-teaching staff, who are approached by parents or other persons with questions about TEC programs and/or services, or with specific questions pertaining to students attending TEC programs, must direct the questions to the program teacher, the appropriate itinerant therapist or to the Executive Director. In particular, information pertaining to specific students must be treated with the utmost confidentiality. Any breach in confidentiality may result in disciplinary action up to and including termination.

Proper Use of TEC Property and Funds

 

TEC employees must ensure that TEC resources are not used for other than their intended purposes. TEC employees have an obligation to manage the institutionÕs resources prudently, with a responsibility to those who provide those resources including TEC, parents, donors, grants, and government agencies.

 

Accuracy of Records and Reporting

 

The records, data, and information owned, used, and managed by TEC must be accurate and complete. The accuracy of financial reports is of the utmost importance to the business operation of TEC. TEC employees must record, allocate, and charge costs accurately and maintain documentation as required by established policies and procedures. All reports including travel and reimbursable bills must be prepared with care and honesty. All employees responsible for accounting and record keeping must fully disclose and record all assets, liabilities, or both and must exercise due diligence in enforcing these requirements. Records must be retained in accordance with state, federal, and TEC guidelines. Some records are retained indefinitely; others are destroyed after six years. Employees should check with their immediate supervisor for a records destruction form.

 

Grants

 

Members of the TEC community requesting funding from government agencies, corporations, foundations, and all other granting organizations have an affirmative obligation to make full, accurate, and honest representation concerning all relevant information submitted to or requested by the granting administration. Accurate and complete records, including documentation, as required by the granting organization must be maintained and retained according to record retention policies. Also, all funds provided by federal agencies must be spent in ways consistent with the funding documents and in compliance with the guidelines of allowable costs. Grant administrators are responsible for reconciling financial reports with the business office and filing these reports within the specified deadline

 

Contracts

 

By Board authority, the Executive Director of TEC is the only individual authorized to bind TEC in a contractual agreement. The Executive Director may delegate to the Administrator of Student Services, the Administrator of Finance and Operations, and the Administrator of Instructional Services the authority to sign contracts of up to one year in duration.

 

Vendor Selection

 

TEC will only enter business relationships with those vendors who are in good standing with the Commonwealth of Massachusetts and the federal government. TEC routinely checks the excluded parties list system found at: http://www.epls.gov before selecting any vendor.

 

Acceptable Use Policy for Staff of The Education Cooperative (TEC)

 

General Policy and Guidelines

The Education Cooperative will provide and support technology to enhance teaching and learning for TEC employees. All employees shall use the equipment in a responsible, efficient, ethical, and legal manner for TEC-related purposes in the performance of job duties. All computers are the sole property of The Education Cooperative. All hardware, software, files, and documents contained therein are considered to be exclusively the property of TEC.

In many situations, employees of The Education Cooperative use networks within school districts. In this case, employees are expected to follow the same guidelines as the hosting district. The Internet is to be used for constructive educational and work related purposes only. The use of the technology is a privilege. The user is responsible for what s/he says and does on the TEC network. TEC staff should be aware that some material accessible via the Internet might contain items that are illegal, defamatory, inaccurate, or potentially offensive. TEC staff is advised never to access, keep, or send anything that they would not want made public. TEC has the responsibility for supervision, safety, and delivery of education; therefore TEC retains the right to inspect all electronic data and communications in the network at any time.

 

These are guidelines to follow:

1.     Acceptable uses of the technology are activities that support classroom teaching and learning, and career development.

2.     There shall be no anonymity in the use of the network. All users must log in to the network with their given name and password. No other user may use the network under that account.

3.     There are unacceptable uses of the network. These can be classified into two categories: illegal and prohibited.

á      Illegal activities will be referred to the appropriate law enforcement agency and include: obscenity, libel, threats, hate postings, sexual harassment, and copyright violations.

á      Prohibited activities include: pornography, profanity, plagiarism, commercial use, political campaign purposes, and posting anonymous messages.

á      Installation of software, shareware, or freeware must be approved by the Administrator of Instructional Services and installed by TEC technology support staff.

4.     Personal correspondence should not be written on TEC computers or on TEC email accounts

5.     Staff will not download software or open Email attachments that look suspicious or are from unknown/untrusted sites.

6.     Forwarding chain email is a violation of TEC computing policy. Phrases in the subject line can usually identify chain email, such as "Forward - do not delete," "don't break the chain," etc.

 

The above lists are not to be viewed as comprehensive, but explanatory.

Any employee who violates this policy will be subject to disciplinary action, up to and including discharge. Illegal uses will result in referral to law enforcement authorities.

Further questions should be directed to the Administrator of Instructional Services.

 

It is the responsibility of every staff member to use TECÕs communication systems appropriately and in compliance with all state, federal, and TEC regulations. Computers and the information contained on them are the property of TEC and may be accessed by TEC officials at any time.

 

Unacceptable actions regarding the utilization of TEC computers include:

á      Harassment in any form

á      Failure to respect the rights and privacy of others

á      Forgery or misrepresentation of oneÕs identity

á      Accessing inappropriate materials

á      Downloading and distributing copyrighted materials without permission of the copyright owner.

á      Utilization for personal purposes (including personal e-mail)

 

Reporting Suspected Violations or Concerns

 

TECÕs ethics code, stated in the general policies of this manual, focus on the standards requiring adherence by TEC employees. Nevertheless, violations may occur. Therefore, TEC employees should report suspected violations or concerns about these standards promptly to a Director level supervisor or the Human Resources Department.

 

Under the Massachusetts Whistleblower Act, MGL Ch. 149, Section 185, public employees are protected from retaliatory action when reporting that an activity, policy or practice of an employer is in violation of a law or regulation, or that such is a risk to the public health, safety or environment.

 

TEC maintains a whistle blower hotline at: 781-326-2473 ext. 108. All calls to this line are confidential.

 

STATEMENT OF NON-DISCRIMINATION

 

The Education Cooperative does not discriminate on the basis of race, color, age, gender, religion, ethnic or national origin, disability, or sexual orientation or genetics in its educational activities or employment practices. The Education Cooperative is an equal opportunity employer.

 

TEC commits itself and its employees, within the context of state and federal civil rights laws to ensure equitable participation of employees of all backgrounds in all of its daily operations. This policy applies to all employment practices and employment programs sponsored by TEC.

 

If any TEC employee believes that s/he has been subject to unlawful discrimination, the employee has the right to file a complaint. This may be done in writing or orally.

 

TEC takes allegations of discrimination seriously. We will respond promptly to complaints and where it is determined that inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose any necessary corrective action.

 

The following person has been designated to handle staff inquiries regarding the non-discrimination policy:

 

Human Resources Coordinator

The Education Cooperative

P.O. Box 186

1112 High Street

Dedham, MA 02027

781-326-2473

 

In addition to the above, if you believe you have been subjected to unlawful discrimination you may file a formal complaint with either or both of the government agencies listed below. Using TECÕs complaint policy does not prohibit you from filing a complaint with these agencies:

1. The United States Equal Opportunity Commission (EEOC), One Congress Street, 10th Floor, Boston, MA 02114, (617)-565-3200.

2. The Massachusetts Commission Against Discrimination (MCAD), Boston Office, One Ashburton Place, Room 601, Boston, MA 02108, (617)-994-6000.

Federal and state laws, as well as TEC, prohibit an employee of TEC to retaliate against any person who has reported that s/he has been the victim of discrimination, or against any person who is cooperating or who has cooperated with such an investigation. It is also prohibited for any employee to encourage, assist in, or promote retaliation against any such person, or otherwise to interfere or seek to interfere with the investigation of a complaint alleging discriminatory conduct. (See M.G.L. c. 151B). Retaliation will be viewed as a serious disciplinary infraction and will be dealt with by penalties up to and including termination of employment.

 

AMERICANS WITH DISABILITIES ACT AND ACCOMMODATIONS

 

The Americans with Disabilities Act (ADA) prohibits discrimination against a qualified person with a disability in employment practices such as job application procedures, hiring, promotion, discharge, compensation, training benefits and other conditions of employment. This act requires employers to provide reasonable accommodations to qualified individuals with disabilities.

 

Under the ADA, a person is considered to have a disability if:

 

á      He or she has a physical or mental impairment that substantially limits one or more major life activities such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, or learning

á      Has a record of having such an impairment

á      Is regarded as having such an impairment

 

Temporary or non-chronic impairments of short duration (e.g. broken limbs, flu, concussions, etc.) are usually not considered disabilities under this act.

 

The supervisor should then consult with human resources and the Executive Director as soon as possible to review eligibility and next steps.

 

STATEMENT ON HARRASSMENT

 

TEC is committed to maintaining a work environment free of harassment of any kind including but not limited to harassment based on race, color, age, gender, religion, national or ethnic origin or sexual orientation, or disability. TEC expects all employees and students to treat one another with courtesy and respect at all times.

 

Harassment in general includes such things as threats, unsolicited remarks, gestures or physical contact, the display or circulation of written or audible materials or pictures derogatory to race, color, age, gender, religion, national or ethnic origin or sexual orientation, or disability.

 

Sexual harassment specifically includes unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature when:

 

á      Submission to such conduct is made either explicitly or implicitly as the term or condition of continued employment or some benefit.

á      Submission to or rejection of such conduct by an employee or student is used as a basis for decisions affecting this person.

 

Such conduct has the purpose or effect of unreasonably interfering with either an employeeÕs or studentÕs work performance or creates an intimidating, hostile or offensive working environment.

In such cases that the unwelcome conduct is not sufficiently severe or pervasive to constitute actionable harassment under the law, TEC forbids conduct in the workplace or in any setting related to business activities which we deem unacceptable. This policy does not limit our authority for corrective action up to and including termination.

If you believe that you have been harassed or if you witness harassment, you should report the incident immediately to the Administrator of Student Services at 781-326-2473 ext. 103 or Human Resources at ext. 108.

 

TEC will investigate all complaints of harassment. If it determines that harassment has occurred; TEC will take appropriate action which may involve discipline up to and including termination of employees.

MEDICAL POLICIES

 

AIDS and HIV Policy

 

Consideration of the existence of HIV infection is not part of the hiring decision for individuals seeking employment at The Education Cooperative. HIV infection and AIDS are considered disabling conditions. TEC, therefore, makes reasonable accommodations to employees known to be disabled by HIV infection as required by law.

 

In addition, TECÕs policy is that all health records are strictly confidential. If a student or parent chooses to inform a member of the school staff of a studentÕs HIV/AIDS status, laws protecting privacy severely restrict the dissemination of that information. Staff members who obtain information with regard to a studentÕs HIV/AIDS status may not inform other staff members without the specific, written consent of the student or parent. Federal laws prohibiting discrimination based on disability prohibit the exclusion of students from school merely on the basis of their HIV/AIDS status.

 

Blood Borne Pathogens Policy

 

Certain TEC employees may be exposed to blood borne pathogens in the course of their daily work routines. It is integral that all TEC employees are aware of precautionary measures as they relate to blood borne pathogens.

 

á      All TEC employees are required to utilize Personal Protective Equipment including latex or nitrile gloves, goggles, CPR mouth barriers, aprons, and respirators when necessary. TEC employees should be aware of proper procedures to check the condition of this equipment, the utilization of this equipment, and the correct disposal of this equipment.

á      All TEC employees should take special care with any and all blood/bodily fluids treating all as if potentially unsafe. All employees should follow the specific guidelines found in the TEC Health Care Policies and Procedures Manual found in each classroom.

á      All TEC employees should be aware of the proper way to dispose of bodily fluids. All employees should follow the specific guidelines found in their Health Care Policies and Procedures Manual found in each classroom.

 

 

Post Exposure Policy

 

In the event of a possible exposure incident, it is important that all employees of TEC follow the appropriate protocol to provide the most comprehensive treatment. You should seek medical treatment immediately following any exposure.

 

The following protocol should be followed after an exposure incident:

 

á      Immediately wash exposed area with warm soap and water for at least 1 minute or flush a mucous membrane with running water

á      Contact supervisor

á      Obtain a Post Exposure Incident Packet from your supervisor or Human Resources. Complete the two forms included in that packet and submit to Human Resources

á      Obtain medical follow-up as soon as possible or within 24 hours of exposure.

 

All questions regarding this policy should be addressed to the TEC Health Services Coordinator at 781-326-2473 ext. 114.

 

Other Health Care Policies

 

TEC is committed to providing a safe work environment for all its employees. For a complete list of health care policies, medical plans, and further information regarding specific health policies please refer to The Health Care Policies and Procedures Manual found in each TEC classroom.

 

All questions regarding these health care policies should be addressed to the TEC Health Services Coordinator at 781-326-2473 ext. 114.

 

BACKGROUND CHECK POLICY

 

Pursuant to Chapter 385 of the Acts of 2002, TEC will ask all potential job applicants, volunteers and consultants to complete a background or CORI (Criminal Offender Record Information) check as a part of a general background check for employment. TEC will ask all current employees to complete a CORI upon the expiration of their past CORI. The following practices and procedures will generally be followed:

 

á      CORI checks will only be conducted as authorized by the Criminal History Systems Board (CHSB).

á      All applicants will be notified that a CORI check will be conducted. If requested, the applicant will be provided with a copy of the CORI policy.

á      An informed review of a criminal record requires adequate training. Accordingly, all personnel authorized to review CORI in the decision-making process will be thoroughly familiar with the educational materials made available by CHSB.

á      Unless otherwise provided by law, a criminal record will not automatically disqualify an applicant. Rather, determinations of suitability based on CORI checks will be made consistent with this policy and any applicable law or regulations.

á      If a criminal record is received from CHSB, the authorized individual will closely compare the record provided by CHSB with the information on the CORI request form and any other identifying information provided by the applicant, to ensure the record relates to the applicant.

 

If TEC is inclined to make an adverse decision based on the results of the CORI check, the applicant will be notified immediately. The applicant shall be provided with a copy of the criminal record and the organizationÕs CORI policy, advised of the part(s) of the record that make the individual unsuitable for the position or license, and given an opportunity to dispute the accuracy and relevance of the CORI record. Applicants challenging the accuracy of the policy shall be provided a copy of CHSBÕs Information Concerning the Process in Correcting a Criminal Record. If the CORI record provided does not exactly match the identification information provided by the applicant, TEC will make a determination based on a comparison of the CORI record and documents provided by the applicant. TEC may contact CHSB and request a detailed search consistent with CHSB policy.

 

If TEC reasonably believes the record belongs to the applicant and is accurate, based on the information as provided in section IV on this policy, then the determination of suitability for the position or license will be made. Unless otherwise provided by law, factors considered in determining suitability may include, but not be limited to the following:

 

a.     Relevance of the crime to the position sought;

b.     The nature of the work to be performed;

c.     Time since the conviction;

d.     Age of the candidate at the time of the offense;

e.     Seriousness and specific circumstances of the offense;

f.      The number of offenses;

g.     Whether the applicant has pending charges;

h.     Any relevant evidence of rehabilitation or lack thereof;

i.      Any other relevant information, including information submitted by the candidate or requested by the hiring authority

TEC will notify the applicant of the decision and the basis of the decision in a timely manner.

CRIMINAL OFFENSE POLICY

 

Any current employee who is found guilty or pleads Òno contestÓ to a criminal offense involving a minor child must inform Human Resources within five (5) days of such a conviction or plea. Appropriate disciplinary action will be taken. Failure to do so may result in termination.

 

POLICY AGAINST ABUSE OF DRUGS AND ALCOHOL

 

The federal Drug-Free Workplace Act of 1988 requires employers who contract with or receive grants from agencies of the federal government to maintain a drug-free workplace.

 

TEC prohibits the illegal use, possession, manufacture, distribution, dispensing, or transfer of any drug in any amount by any employee or student while on TEC premises, while in member district schools, or while performing in any job related activity.

 

In addition, TEC employees are prohibited from reporting to work or performing job-related activities, on or off TEC premises, while impaired under the influence of alcohol or illicit drugs.

 

This policy does not prohibit use by any employee or student of prescription drugs prescribed for the employee or student by a licensed physician or his/her licensed designee, provided that the drug is used in accordance with the physicianÕs instruction.

 

For the purposes of this policy, a ÒdrugÓ is defined as any controlled substance listed on Schedules I-V of the federal Controlled Substances Act. Controlled substances include, by way of example and without limitation, narcotics such as codeine and heroin, depressants such as barbiturates, stimulants such as cocaine, hallucinogens such as LSD and cannabis. The term Òillegal drugsÓ means any drugs that cannot be obtained legally or which, although available legally have been obtained illegally. The term Òillegal drugsÓ includes not only ÒstreetÓ drugs, but also prescription drugs that have not been lawfully prescribed to the individual. For purposes of this policy ÒdistributionÓ of alcohol or illegal drugs include the purchase, sale, or other transfer of the substance in any amount and any attempt to distribute so defined.

 

Any employee who is found guilty or pleads Òno contestÓ to a charge violating a criminal statute involving the manufacture, distribution, dispensing, possession, or use of a controlled substance in the workplace must inform Human Resources within five (5) days of such a conviction or plea. Appropriate disciplinary action will be taken. Failure to do so may result in termination.

 

Any employee who is found guilty or pleads Òno contestÓ of operating a motor vehicle (either TECÕs or employeeÕs) under the influence of alcohol or a controlled substance must inform Human Resources within five (5) days of such a conviction or plea. Appropriate disciplinary action will be taken. Failure to do so may result in termination

 

PHYSICAL RESTRAINT POLICY AND PROCEDURES

 

The Education Cooperative complies with the regulations governing physical restraint of students adopted by the Massachusetts Board of Education, 603 CMR 46.00 et seq. (ÒRegulationsÓ). These regulations apply not only at school but also at school-sponsored events and activities, whether or not on school property.

 

Methods and Conditions for Implementation:

School staff may use physical restraint1 only (1) when non-physical interventions would be ineffective and the studentÕs behavior poses a threat of imminent, serious harm to self and/or others or (2) pursuant to a studentÕs IEP or other written plan developed in accordance with state and federal law and approved by the school and parent or guardian. Physical restraint may not be used as a means of punishment or as a response to property destruction, disruption of school order, a studentÕs refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm. Chemical2 and mechanical restraints3 may only be used if explicitly authorized by a physician and approved by a parent or guardian. Seclusion4 is prohibited.

1.     Physical restraint is the use of bodily force to limit a studentÕs freedom of movement and does not include touching or holding a student without the use of force for the purpose of directing the student.

2.     Chemical restraint is the administration of medication for the purpose of limiting the studentÕs freedom of movement.

3.     Mechanical restraint is the use of a physical device to restrict the movement of a student or the movement or normal function of a portion of his or her body and does not include a protective or stabilizing device ordered by a physician.

4.     Seclusion is defined as physically confining a student alone in a room or limited space without access to school staff and does not include the use of Òtime outÓ procedures during which a staff member remains accessible to the student.

The regulations do not prevent a teacher, employee, or agent of TEC from using reasonable force to protect students, other persons or themselves from assault or imminent serious harm, or from restraining students as otherwise provided in the regulations.

 

Staff Training:

All school staff must receive training with respect to the Department of EducationÕs regulations and TECÕs restraint policy, including receiving information about interventions that may preclude or prevent the need for restraint, types of restraint and related safety considerations, and the administration of physical restraint in accordance with known medical or psychological limitations and/or behavioral intervention plans that may be applicable to an individual student. The Education Cooperative Administrator of Student Services will arrange for this training to occur in the first month of each school year, and within the first month of employment for those staff hired during the school year. Additionally, each program must identify specific staff to serve as school-wide resources to assist in ensuring proper administration of physical restraint. These individuals must participate in in-depth training with respect to restraint and implementation of the regulations.

 

Reporting Requirements and Follow-Up:

In instances where a physical restraint (1) lasts more than five minutes or (2) results in injury to a student or staff member, the school staff must verbally report the physical restraint to the Administrator of Student Services or designee as soon as possible, and must provide a written report to the Administrator/designee no later than the following school day. Failure to do so may result in disciplinary action. The Administrator/designee must maintain an ongoing record of all such reported instances, which will be made available in accordance with state and federal law and regulations. The administrator/designee must also verbally inform the studentÕs parent or guardian of the restraint as soon as possible, and by written report postmarked no later than three school working days following the use of the restraint. The written restraint report must be provided to the parent or guardian in the language in which report cards and other necessary school-related information are customarily provided.

 

In the event that a physical restraint (1) lasts longer than 20 minutes, or (2) results in serious injury to the student or staff member, the school must, within five school working days of the reported restraint, provide a copy of the written report to the Massachusetts Department of Education, along with a copy of the schoolÕs record of physical restraints covering the thirty-day period prior to the date of the restraint.

 

For students who require the frequent use of restraint because they present a high risk of frequent, dangerous behaviors, school staff may seek and obtain consent of the parent or guardian to waive reporting requirements for restraints administered to an individual student that do not result in serious injury to the student or staff member or constitute extended restraint (longer than 20 minutes). Follow-up procedures for restraint include not only the reporting requirements set forth above, but also reviewing the incident with the student and staff and consideration of whether additional services may be appropriate for students who witnessed the incident.

 

Complaints:

Complaints and investigations regarding restraint practices should be reported to the Administrator of Student Services or the Behavior Services Coordinator.

 

Additional information, including a copy of the Department of Education regulations, can be obtained from the Administrator of Student Services (781-326-2473 x103). A copy of the regulations may also be obtained at http://www.doe.mass.edu/lawsregs/603cmr46.html.

 

FIELD TRIP / TRANSPORTATION REQUEST POLICY

 

All field trips must be educationally related to the individual objectives of the students participating in the activity. Field Trip Requests must be submitted to the program directors office by the classroom teacher ten working days prior to the actual trip so that it may be reviewed by the Administrator of Student Services or designee and posted with the secretary. A permission slip must be sent to the parent / guardian of each student in your program at least five (5) days prior to the field trip. This form must be signed by the parent and returned before a student may participate in a field trip. This form must be on file for every field trip. (Appendix A)

 

If a student requires medication while in school and that student is to participate in an out-of-school activity at the time that they are required to take medication, there are four options available:

a.     Written authorization must be received from the physician indicating that an adjustment can be made in the medication schedule (on that day only) in order to have the school nurse administer the medication before the student leaves or upon the studentÕs return to school.

b.     The parent may meet the class at the field trip destination and administer the medication.

c.     The child must remain in school, with adequate coverage, on that date.

d.     A nurse may be assigned to accompany the student on the field trip.

WELLNESS POLICY

 

TEC encourages all employees to take care of themselves physically and emotionally. We encourage all employees to eat a healthy diet, get adequate sleep, and participate in fun and healthy exercise activities. If you are a benefits eligible employee and have elected for health care coverage please consult Human Resources for information regarding wellness programs that may be available through your respective health care provider.

 

EMPLOYMENT POLICIES

 

Employment at the Education Cooperative

 

The nature of your positionÕs responsibilities may change during the course of your employment. Flexibility is important in order to be responsive to the changes within TEC and external work environments. In addition to changes within individual positions, departments and functions may also change. Occasionally, this may result in the reduction of a position or the elimination of a position or positions. Every effort will be made to provide either appropriate notice or assistance to our staff members whose positions are eliminated.

 

Terms of Employment

 

In accordance with and subject to MassachusettsÕs law, your employment at TEC is Òat willÓ. This means that you or TEC may terminate your employment at any time for any reason, in your or TECÕs sole discretion.

 

Employment arrangements differ depending on employee classification. It is best to consult your personal appointment letter regarding employment arrangements. All questions regarding classification should be directed to the Human Resources Department.

 

á      Full-time teachers, administrators, coordinators and specialists are hired for either a ten, eleven or twelve month period, depending on the requirements of their position.

á      Aides, Nurses, job coaches, tutors, substitutes, specialists, and home-based service providers are hired at an established hourly rate.           

á      Short-term consultants and specialists are contracted under Consulting Agreements which specify responsibilities and terms of agreement. All consultant services during a fiscal year must be specified in a written contract signed by the Administrator of Finance and Operations and the consultant prior to commencement of services. The original copy will be kept on file at TEC.

 

Employment of Relatives

 

TEC policy permits the employment of more than one family member of a family with one reasonable restriction: no person shall supervise or participate either formally or informally, in employment decisions such as promotion or salary that affect another member of his or her family. Contact the Human Resources Department for further information.

 

Work Schedule

 

For administrative staff: A regular work day is designated as seven-and-a-half hours, including a half-hour lunch break. A regular work week is five (5) seven-and-a-half hour days.

 

For full-time teachers and therapists a regular work day is designated as 7 hours a day, 35 hours a week. An unpaid meal break of 30 minutes must be given to any employee who works six (6) consecutive hours. A regular work week is 5 days a week.

 

For teaching assistants, a regular work day is designated by the respective program., hours vary according to program. An unpaid meal break of 30 minutes must be given to any employee who works six consecutive hours. A regular work week is 5 days a week.

 

Work Calendar

 

Administrative staff based in the Dedham, MA office follow a traditional calendar. The office is closed approximately 12 times a year due to holidays. At times an office holiday may be declared solely by the Executive Director.

 

Each TEC class follows the school calendar of the member town in which it is located (plus a TEC-determined summer component, where appropriate). Each program also has its own calendar of special training and professional development days, and hours in session.

 

The usual work year for 10-month employees runs from September 1 through June 30. Specific dates are stated in the letter of appointment.

 

A work year for 12-month employees runs from July l – June 30 and corresponds to the fiscal year.

 

A work year for 11-month employees runs from July 1 – June 30 and includes four weeks of work during the summer vacation. Specific dates are stated in the letter of appointment.

 

The usual work year for 10-month program directors begins five days before the starting date for teachers and lasts through June 30. Specific dates are stated in the letter of appointment.

 

Student and Staff Attendance

 

Each program must keep monthly attendance reports for all students and staff.

(Appendix B and C).

 

Excessive Absenteeism

 

TEC defines excessive absenteeism as repeated occurrences (more than six days in six months) of unscheduled absences and/or tardiness that are unrelated to approved time off. Employees determined to be excessively absent will be asked to meet with their director level supervisor and a representative from Human Resources. This policy applies to all staff at The Education Cooperative.

 

Snow Days

 

The determination of snow days for TEC employees is made by the Executive Director. If the TEC office is open; TEC administrative employees are expected to work, whether classes are in session or not.

 

The determination of snow days for TEC students is made as follows:

 

a.     Parents use their own discretion in determining whether to send children to school when the road conditions en route are hazardous

b.     If the town in which the class is located closes school, that class is closed also

c.     If the town in which the class is located has school, that class has school also

d.     TEC administration may also close classes for snow at its discretion.

e.     In case of early dismissal, the Program Director (classroom teacher) is responsible for assuring that adequate supervision is provided until all students have left the program. Parents will be contacted.

 

Dress Code

 

Teachers, therapists, and classroom aides should abide by the dress code of their assigned school, and then by what is appropriate for their classroom. In general, the dress and grooming of employees should be clean, neat, and appropriate for the nature of their position and the dayÕs activities, i.e. for safety reasons, open-toed shoes may not be appropriate in some classrooms. Inappropriate clothing includes beachwear (short-shorts, midriff tops, muscle shirts), sexually provocative clothing (see-through shirts, short skirts, halter tops,) profane language or symbols, that interfere with the educational process.

Perfume and cologne should be used with restraint in respect for students and staff with allergies.

 

Program directors and/or the Executive Director can answer specific questions about the appropriateness of clothing, if necessary.

 

Staff Evaluations

 

Each staff evaluation should be a positive and interactive process whereby the individual being reviewed receives information on his/her success in meeting the responsibilities of the job. The goal of TEC is to conduct a staff evaluation of each new employee during the first year of service and annually thereafter, however an employee can schedule an appointment to discuss his or her evaluation with the immediate supervisor at any time the need arises. Having an evaluation does not necessarily mean that the employee will be given a compensation increase. Compensation increases are given at the sole discretion of the TEC Board of Directors based on the recommendation of the Executive Director.

 

Termination

 

Terminations during the school year can be extremely disruptive. Employees are expected to give a minimum of 30 days notice in writing to minimize the disruption of services to students.

 

Questions regarding this policy should be directed to the Human Resources Department.

 

ACCIDENTS

 

Involving Students:

1.     All accidents involving students must be reported immediately by phone to the TEC office. 781-326-2473 or to the program directors cell phone. Staff must report an accident to staff, do not leave messages.

2.     Employees must immediately complete the ÒStudent Incident Report FormÓ (see Appendix d) and fax it to the TEC Administration office, to the attention of the appropriate program director.

3.     The appropriate supervisor will follow up with any additional questions.

 

Involving Employees:

1.     All accidents involving employees must be reported immediately to the employeeÕs supervisor.

2.     The Supervisor, in conjunction with the injured staff, completes the ÒMIIA, Report of Accident Intake FormÓ (Appendix E)

3.     The above report must be faxed to the TEC Administration office, to the attention of Human Resources immediately. TEC Human Resources will contact the injured employee for follow-up, so that the completed report may be submitted to MIIA.

 

Staff members injured on the job are covered by workerÕs compensation. All issues relative to workerÕs compensation are coordinated through the Human Resources Department.

 

 

EMERGENCY PROCEDURES

 

á      An emergency list for staff and students must be kept readily accessible in all programs.

á      Fire, police, and ambulance phone numbers must be posted by the phone in every program.

á      The TEC Office must be notified as soon as possible of any emergency situation.

 

NO SMOKING POLICY

 

TEC has a no-smoking policy. Smoking is prohibited on all TEC premises, school buildings and grounds and in all TEC vehicles. Please contact the Human Resources Department should you see a violation of this policy.

BEGINNING EMPLOYMENT

 

Employment Application

 

All applicants will be asked to complete an employment application. These applications are kept confidential and used solely for purpose of hiring. False or misleading information found on the application can be cause for dismissal.

 

Reference Check Policy

 

TEC will conduct reference checks to determine an applicantÕs appropriateness for a position. A reference check is defined as an inquiry about job performance from people identified by the applicant. The Human Resources Coordinator will need to obtain and contact at least 3 professional references prior to extending an employment offer to an applicant.

 

 

Background Checks (CORI)

 

A background checks/CORI is required for all positions at TEC. Please see the background check policy for more information regarding the process.

 

 

Driving History

 

A detailed driving history obtained through the RMV is required for any position involving the transport of a child. TEC will reimburse you for the cost associated with obtaining this information.

 

Automobile Insurance

 

If a staff member is using his/her personal vehicle to drive students on field trips, to job sites, etc. the staff member must submit evidence to Human Resources that the vehicle is properly insured. TEC does not provide additional insurance coverage.

 

PERSONNEL FILE

 

Your personnel file, maintained by the Human Resources Department, contains materials such as your resume and salary history. You may review your personnel file or obtain copies of your file within five (5) business days of receipt of a written request to the Human Resources Department.

 

Please notify the Human Resources Department of:

á      Change of Address (Appendix F)

á      Legal change of your name

á      Change of marital status

á      Wish to change your tax exemptions

 

Forms can be found on the TEC website: http://www.tec-coop.org/forms.html

Please contact the Human Resources Department with any questions.

 

JOB OPPORTUNITIES

 

Employees may learn of current job opportunities by visiting the employment opportunities section located at our website: http://www.tec-coop.org/employment.html

 

COMPENSATION/BENEFITS

 

Salary and Pay Schedule

 

Upon hiring all employees are classified in the following manner: exempt, non-exempt part time, full time, temporary or substitute.

 

Compensation is received by all employees subsequent to the delivery of services.

 

TEC teachersÕ salaries are set by a 12-step salary schedule reflective of the average salary schedules of TECÕs member communities.

 

All other salaries are set in a range that reflects the salaries of comparable positions in member towns when possible.

 

Annual raises are determined by the TEC Board of Directors upon recommendation of the Personnel Subcommittee, and are a reflection of member school district conditions.

 

All TEC employees are paid on a bi-weekly basis. Each bi-weekly pay period will begin on Thursday and end on Wednesday 2 weeks later. Payroll checks are issued and distributed every two weeks. (Every other Thursday)

 

Questions regarding payroll should be directed to the Payroll Department at 781-326-2473.

 

Time Sheets

 

All TEC employees are required to complete a time sheet for each pay period.

 

Staff that are classified as non-exempt (aides, nurses, ABA therapists), must maintain a record of the total hours worked each day. These hours must be accurately recorded on a timesheet to verify that the reported hours worked are complete and accurate. The time sheet must accurately reflect all regular and overtime hours worked, any absences, late arrivals or early departures. It is a violation of TECÕs policy for any employee to falsify a timesheet, or to alter another employeeÕs time sheet.

 

Exempt employees (Central Administration staff, teachers and most therapists) receive a salary which is intended to compensate them for hours that they work for TEC. Exempt employees are also required to maintain an accurate record of time worked.  

 

Direct Deposit

 

All TEC employees are encouraged to have his/her salary directly deposited to his/her bank account by obtaining a direct deposit authorization form from the Human Resources Department for submission to the payroll department (Appendix J). Please note a voided check will be necessary to process the direct deposit enrollment.

 

Payroll Deductions

 

All payroll deductions are itemized on paycheck stubs or Advice of Direct Deposit. To ensure that deductions are correct all changes in marital status and exemptions should be reported to human resources promptly.

 

Purchase Reimbursement

Purchases must be preapproved by the program director. Reimbursement is claimed on a monthly basis using the Request for Check form (see Appendix K).

 

Mileage Reimbursement

 

Reimbursable mileage costs are those which are incurred during regular work hours on job-related business.

 

Mileage is claimed on a quarterly basis using the TEC Quarterly Travel Reimbursement form (see Appendix L). Mileage claims must be submitted within 10 days of the end of the quarter for which the claim is made. The last Quarterly Travel Reimbursement form must be submitted on or before July 5.

 

BENEFITS

 

TEC Employees Eligible for Benefits:

á      Generally those employees with a full time equivalency (FTE) of .6 (20 hours per week) or greater are eligible for benefits

 

TEC Employees NOT Eligible for Benefits:

á      Employees who work less than a full time of equivalency (FTE) of .6 or less than 20 hours per week

á      Employees classified as ÒtemporaryÓ

á      Employees classified as a ÒsubstituteÓ

 

Medical Plans

 

The Education Cooperative currently offers 13 different health insurance plan options. There are two coverage types available: individual and family. All benefits eligible employees may enroll in the plan of their choice within 60 days of their hire date or within 30 days of a qualifying event (birth/adoption of a child, loss of coverage by partner, divorce, etc.). All benefits eligible employees may switch plans during the open enrollment period with changes in coverage effective on July 1st of that year.

 

In most cases, the Education Cooperative pays 60% of the monthly coverage costs and the employee pays the remaining amount or 40% of the cost. In a few instances, ÒlegacyÓ employees, pay less than 40% of the monthly costs.

 

Your contributions will be deducted from each pay-check on a pre-tax basis.

 

Teachers are offered health benefits for all 12 months of the school year (September 1- August 31). If the teacher opts to be paid his/her salary over a 12 month period, the yearly health insurance premium deductions will be divided into 26 pay periods. If the teacher opts to be paid over a 10 month period, the yearly health insurance premium deductions will be divided into 22 pay periods. Since the rates for July and August are not determined until the previous April, adjustments to compensate for those rate changes (for 10 month pay schedules) will be made in May and June's paychecks.

 

Other eligible employees on 10 month work schedules are also offered health insurance benefits throughout all 12 months of the school year (September 1 - August 31) only if that employee returns the following September. Since the employee receives paychecks only over a 10-month period of time, the yearly health insurance premium deductions will be divided into 22 pay periods. If the employee notifies TEC that s/he will not be returning to TEC for September prior to July 1st, TEC will end health benefits as of the date of termination and refund any employee's contributions made towards July and August's health premiums. If that employee notifies TEC between July 1st and August 31st that s/he will not be returning to TEC for September, s/he is responsible for the entire premium costs paid between July 1st and the date of termination. The employee will be billed for the employer's share of the health insurance cost.

 

Yearly health insurance premium deductions will be divided into the 26 pay periods for employees with 12-month contacts.

 

Should an employee's employment at TEC be terminated for any reason prior to the end of the school year or end of contract, health insurance benefits will be terminated. If the last day of employment is between the 1st and 15th of the month, benefits will be terminated on the last day worked. If the termination date is between the 16th and the end of the month benefits are extended through the end of that month. TEC will refund any employee's contributions made towards July and August's health insurance premiums if the employee's employment at TEC is terminated prior to the end of the school year or end of contract.

 

Continuation of all employees' current health benefits is available upon termination of employment through COBRA. Employees will receive complete information regarding COBRA benefits when they are first enrolled in a health plan.

 

Massachusetts Health Reform

Everyone in Massachusetts is required to have health insurance. Employees who are not eligible for TEC health plans can obtain health coverage under Massachusetts Health Reform through the Health Care Connector. Eligible employees who have declined coverage must complete a HIRD form that will be submitted to the Commonwealth.

 

Voluntary Life Insurance

 

All benefits eligible employees can choose to enroll in a voluntary life insurance plan with a $10,000 benefit administered by FT. Dearborn Insurance. TEC assumes the monthly premium cost. An enrollment form will be included in your new hire paperwork.

 

Voluntary Dental Insurance

 

All benefits eligible employees may also choose to enroll in a voluntary comprehensive dental insurance plan administered through MIIA (Massachusetts Interlocal Insurance Association) with benefits from Blue Cross Dental Blue. The employee assumes the entire monthly premium. Contact Human Resources if you are interested in this benefit.

 

Retirement Plan-403(b)

 

The Education Cooperative offers all benefit eligible employees the opportunity to enroll in a 403(b) retirement account. This voluntary plan allows employees to have a set deduction taken from each pay check on a pre-tax basis and deposited into their 403(b) account. Employees can choose to set-up an account through one of 3 providers.

 

An enrollment form will be included in your new hire paperwork.

 

More information can be obtained through Human Resources.

 

Retirement: MSER, MTRB, and OBRA

 

The Education Cooperative does not contribute to Social Security tax. Instead, all employees are required to participate in one of three retirement plans: Massachusetts TeachersÕ Retirement Fund (MTRS), Massachusetts State Employees Retirement Fund (MSER), or under the Omnibus Budget Reconciliation Act (OBRA).

 

Teachers are required to become a member of the Massachusetts Teachers Retirement Fund. Applications should be completed online in conjunction with TEC's Human Resource office prior to commencement of employment.

 

Employees working 20 or more hours per week are required to become members of the Massachusetts State Employees Retirement Fund. Applications should be filed on the appropriate form (found in TEC's Human Resource office).

 

Generally, employees working less than 20 hours per week are required to have OBRA deductions taken.

 

Deduction rates will vary depending on plan and length of service. Exact information can be found through the Human Resources Department. All plan deductions will be taken from salary on a pre-tax basis and forwarded to the appropriate Retirement Board each month.

 

The Education Cooperative does contribute to the Medicare component of Social Security. Additionally employeeÕs withholding occurs each pay period. The current contribution rate and the withholding rate is .0145 respectively.


Retirement and Healthcare

 

a.     The Board of Directors of The Education Cooperative (TEC) have adopted the following policy relative to the offering, at the sole discretion of the Board of Directors, of certain health benefits to otherwise eligible retirees of The Education Cooperative.

b.     This policy shall only be considered effective to the extent that the Board of Directors retains full and complete discretion and control to offer, to cease offering, and/or to alter the offering of any and all health benefits as is reflective of the policies in member communities.

c.     For the purposes of this policy, retirees shall be defined as individuals who both are eligible for and in fact receive a retirement allowance in accordance with G.L. C. 32, through either the Massachusetts Teachers Retirement system or the Massachusetts Employees State Retirement system, and who retire from TEC working an average of 20 hours per week. In addition, the eligible retiree must have been enrolled in the group health insurance plan of TEC for at least one school year prior to the date of retirement and be an actively enrolled participant at the time of retirement.

d.     Retirees who are eligible to participate in accordance with paragraph C of this policy shall be entitled to enroll in one of the health benefit plans offered by the Collaborative up to the date that the individual becomes eligible for Medicare. Upon reaching the age of Medicare eligibility, the retiree must enroll in Medicare and will be eligible to enroll in a Medicare Supplement plan offered by the Collaborative. In addition to offering a Medicare Supplement Plan, the Collaborative shall offer a health benefit plan(s) for those retirees who are eligible under paragraph C of this policy but who are not Medicare-eligible retirees. Interested retirees must submit evidence to the collaborative which establishes that they are not Medicare-eligible.

e.     In order to be considered eligible to participate in a plan offered by the Collaborative, Medicare-eligible retirees must enroll in Medicare Parts A and B during the Medicare enrollment period which is closest in time to the retireeÕs sixty-fifth birthday. If an employee remains actively at work for the Collaborative past age 65, then such an employee must enroll in Medicare Parts A & B as soon as is legally permissible.

f.      The Collaborative shall contribute an amount equal to fifty percent (50%) of an individual planÕs monthly contribution rate for eligible retirees who enroll in a plan offered by the Collaborative, whether or not the plan is a group plan or a Medicare Supplement Plan.

g.     If a retiree is eligible for participation under this policy, then the retireeÕs spouse shall also be eligible to participate. This right to participate shall survive the death of the Collaborative retiree, and the surviving spouse shall be entitled to the fifty percent (50%) Collaborative contribution rate.

h.     Retirees shall be responsible for making full payment of their share of the premium within thirty (30) days from the premium due date to the Treasurer of the Collaborative (or his/her designee). Should any enrolled retiree fail to make such premium payment, then they shall be considered dropped from the plan.

i.      The Board of Directors, by and through the adoption of this policy, retains full discretion to modify contribution levels and to add or delete benefits or benefit plans in accordance with the collective benefit options available in TEC member communities.

TIME OFF

 

Holidays

 

Benefits eligible employees are eligible for paid holiday, provided they fall on your regularly scheduled work day. The Education Cooperative generally recognizes the following 12 holidays:

 

New YearÕs Day

Labor Day

Martin Luther King, Jr. Day  

Columbus Day

PresidentÕs Day

VeteranÕs Day

PatriotÕs Day

Thanksgiving Day

Memorial Day

Day after Thanksgiving

Independence Day

Christmas Day

 

All TEC schools are closed on Good Friday

 

Vacation Requests

 

Vacation days for full-time teaching staff coincide with the regular school year calendar of the town in which their program is held. Any leave time requests are considered Personal Leave.

 

Vacation days for full-time classroom aides and nurses must be utilized during school vacations (December, February and April breaks) coinciding with the calendar of the town in which the TEC program is held.

 

Vacation requests for administrative and office staff must adhere to the following procedures

(see Appendix M)

 

a.     Requests for vacation leave are to be submitted in writing to the employee's immediate supervisor at least one week prior to the date(s) requested.

b.     Vacation days may be taken throughout the year subject to above approval(s) and the following restrictions:

á  No more than two weeks shall be taken consecutively

á  Vacation time is not to be taken the week immediately following school closing in June or one week immediately prior to school opening in September.

á  Vacation time accrues on a monthly basis and shall not be used prior to earning time. Requests that are submitted prior to accrual of time must be approved by the Executive Director

á  Vacation time not taken by the end of the fiscal year on June 30 will be forfeited unless pre-approved to be carried into the next fiscal year by the Executive Director

 

Exceptions to the above procedures may be requested from and granted only at the discretion of the Executive Director.

 

Personal Leave Requests

 

Personal leave is granted only by the Executive Director and must be approved first by the Program Administrator and the Administrator of Finance & Operations. TEC employees may request up to 2 days of personal leave per fiscal year for situations that do not fall under the categories of: bereavement, jury duty, or military leave.

 

In case of emergency (death in the family necessitating a weekend departure for the funeral) which occurs when the Executive Director cannot be reached, the next Administrator in line should be consulted.

 

Insofar as possible, substitute coverage (when appropriate) should be arranged prior to requesting personal leaves.

 

The Executive Director may approve additional time under extenuating circumstances at his/her sole discretion or Board approval.

 

Bereavement Leave

 

The Education Cooperative provides full-time employees with a bereavement leave of absence to arrange to attend a funeral and to tend to the affairs of the estate of a deceased member of his/her immediate family. You may request up to five working days to be used within a month of the date of death. An immediate family member is defined as a spouse, child, parent, brother, sister, grandchild, grandparent, father- or mother -in-law, and brother- or sister-in- law. A bereavement leave is a leave with pay.

 

Part-time employees may receive a pro-rated benefit.

 

One (1) day funeral leave will be granted to attend the funeral or memorial service for immediate aunts and uncles.

 

TEC understands the deep impact that a death can have on an individual or a family; therefore additional leave may be approved at the discretion of the Executive Director.

 

Jury Duty

 

TEC provides jury duty leaves of absences to employees who are called to serve as jurors or as subpoenaed witnesses. A jury duty leave will be granted with pay for up to 3 days. After 3 days the difference between the jury duty allowance and the daily rate of pay will be provided. The request for jury duty leave should be made to the Executive Director as soon as notice of duty is served. Except in unusual circumstances, it is the policy of TEC not to seek a postponement or cancellation of an employeeÕs service as a juror. An employee will remain on jury duty leave of the absence for the duration of service as a juror or witness as required by court or subpoena.

 

Military Service

 

If a TEC employee is called into military service (including active duty, active duty training, inactive duty training, full-time National Guard duty, or an absence to determine fitness to perform services), the employee must give advance notice to the HR Department at TEC. Military service leave is generally unpaid; however paid leave could be substituted by consideration by the Executive Director. The Education Cooperative follows the guideline set forth in the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) in regards to re-employment of service members. TEC will reemploy service members returning from a period of service in the uniformed services if those service members meet five criteria:

 

á      The person must have held a civilian job

á      The person must have given notice to the employer that he or she was leaving the job for service in the uniformed services, unless giving notice was precluded by military necessity or otherwise impossible or unreasonable;

á      The cumulative period of service must not have exceeded five years;

á      The person must not have been released from service under dishonorable or other punitive conditions; and

á      The person must have reported back to the civilian job in a timely manner or have submitted a timely application for reemployment.

 

Sick Days

 

Sick leave is defined as an absence due to personal employee illness or emergency family leave.

 

For teaching staff to be eligible for compensation for the use of sick leave, the employee must report his/her illness to his/her supervisor by 6:30 a.m. on the first day of the illness or injury and each day thereafter, so their supervisor may make arrangements for coverage if necessary.

All other staff members should follow the guidelines of their immediate supervisor as to what time to call in sick by.

 

In unusual circumstances, additional sick leave may be granted at the discretion of the Executive Director.

 

Since continuity of service is essential to all of our programs, any excessive absences should be brought to the attention of the Executive Director for appropriate action.

 

When a Teacher believes that absences of a staff member may jeopardize the continuity of a program, he/she should consult with the Program Administrator before the absences become excessive.

 

A doctorÕs note may be required for absences exceeding 3 days.

 

Full-time employees will be able to carry over to the next school year 5 unused sick days .There will be no accumulation of sick days beyond the 5 days carried over. No payments will be made for unused sick days at the end of any fiscal year or in the event of termination. Part-time employees will be able to carry over to the next year, days on a prorated basis.

 

FAMILY AND MEDICAL LEAVE ACT

 

TEC complies with all of its responsibilities with the Family and Medical Leave Act of 1993 (FMLA). FMLA enables eligible employees to take up to twelve (12) weeks of unpaid, job-protected leave during a calendar year. To receive pay during this leave, an employee may elect to use accrued vacation time or sick time (if applicable). Any paid time will still be counted toward FMLA leave. To be eligible for FMLA leave, the employee must have been employed by The Education Cooperative for at least 12 months (not necessarily consecutively) and worked at least 1,250 hours over the previous twelve (12) months beginning the date of the FMLA leave.

 

FMLA leave must be granted for any of the following reasons:

 

á      to care for the employee's child after birth, or placement for adoption or foster care of a child with the employee

á      to care for an immediate family member (the employee's spouse, son or daughter, or parent) who has a serious health condition

á      for the employeeÕs own serious health condition

á      any qualifying exigency arising out of the fact that the spouse, son, daughter, or parent of the employee is on active duty, or has been notified of an impending call to active duty status, in support of a contingency operation

 

Additionally, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered service member who is recovering from a serious illness or injury sustained in the line of duty on active duty is entitled to up to 26 weeks of leave in a single 12 month period to care for the service member.

 

At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave. Advance Notice and Medical Certification will be required a minimum of thirty (30) days in advance of when the leave is to begin. It is expected that the employee will request the leave as far in advance as possible to allow for a smooth assignment transition.

 

The Education Cooperative will maintain the employee's health coverage under its group health plan, sharing the expense in the same ratio as at the time the leave begins.

 

The Education Cooperative will maintain the availability to return to the same or an equivalent position with equivalent pay, benefits, and other employment terms for up to twelve (12) weeks.

 

Requests for leave must be submitted to the Executive Director in writing, indicating the reason for the request and the beginning and ending dates of the leave.

 

The Education Cooperative reserves the right to designate certain key employees who are critical to the operation of the organization who may not be granted leave if suitable arrangements cannot be made for coverage.

 

MATERNITY LEAVE

 

Pursuant to Massachusetts General Laws, Chapter 151B, Section 4 (1) and Chapter 149, Section 150D, every full-time female employee is now entitled as a matter of law to at least eight (8) weeks maternity leave if she complies with the following conditions:

 

1.     She has completed an initial probationary period set by her employer which does not exceed six (6) months or in the event the employer does not utilize a probationary period for the position in question, has been employed for at least three consecutive months; and

2.     She gives two (2) weeks notice of her expected departure date and notice that she intends to return to her job. She is entitled to return to the same or a similar position without loss of employment benefits for which she was eligible on the date her leave commenced, if she terminates her maternity leave within eight (8) weeks. (The guarantee of a same or similar position is subject to certain excerpts specified in M.G.L. c.149 s/s 105D.) Accrued sick leave benefits shall be provided for maternity leave purposes under the same terms and conditions that apply to other temporary medical disabilities.

 

For each year of continuous service, a female full-time employee may accrue one (1) week of paid maternity leave up to a maximum six (6) weeks.

 

APPENDICES

FORMS