PENNSAUKEN PUBLIC SCHOOLS



PENNSAUKEN PUBLIC SCHOOLS EMPLOYEE OPERATIONS MANUAL 2018-2019 Dr. Ronnie Tarchichi Superintendent of Schools Pennsauken Public Schools Board of Education Nicholas PerryPresidentDiane JohnsonVice-PresidentMichael BortnowskiMichael HurleyMaria JamesSamer Jarbou RafehScott LaVineOrlando Viera Jr.JoAnne Young An exciting and challenging experience awaits you as an employee of Pennsauken Public Schools*. You are cordially welcomed as a member of the larger Pennsauken ―community,‖ and you are extended best wishes and success in your future endeavors at Pennsauken Public Schools. These endeavors encompass work, social activities, friendships, professional development, and personal satisfaction. To answer many, but certainly not all of the questions you may have concerning the District and its policies and practices, we have written this manual. Please read it thoroughly and keep it available for future reference. It is intended as a general source of pertinent information. The District reserves the right to change the procedures in this manual. In situations where this manual conflicts with an applicable collective bargaining agreement provision, we will follow the collective bargaining agreement. From time to time you will receive updated information concerning changes. Please keep your manual updated. All manual updates will be on the District web site. Please read and follow all updates. Please know that this manual in no way implies or guarantees a contract of employment. If you have any questions regarding this document, you are advised to contact the Department of Personnel at (856) 662-8505 in the The Pennsauken Public Schools Central Administration Office. * Hereinafter also referred to as the ―District‖ Table of Contents Pennsauken Township Board of Education ................................................................................................... 1 Welcome to Pennsauken...................................................................................................................................... 2 Table of Contents .................................................................................................................................................. 3 Mission, Vision, and Statement of Beliefs ....................................................................................................... 6 Pennsauken Public Schools (Section 1) ........................................................................................................... 7 1.1 Schools of the District ..................................................................................................................................... 7 1.2 Organizational Structure ................................................................................................................................. 7 1.3 Administrative Regulations and Procedures ................................................................................................ 8 1.4 Community Relations ...................................................................................................................................... 8 Employment Procedures (Section 2) ................................................................................................................ 9 2.1 Equal Employment Opportunity .................................................................................................................... 9 2.2 Americans with Disability Act ....................................................................................................................... 9 2.3 New Employee Orientation Program .......................................................................................................... 10 2.4 Collective Bargaining .................................................................................................................................... 10 2.5 Performance Reviews .................................................................................................................................... 11 2.6 Personnel Records .......................................................................................................................................... 11 2.7 Professional Development/Training Programs/In-Service ....................................................................... 11 2.8 Resignations and Retirements....................................................................................................................... 12 2.9 Exit Interviews ................................................................................................................................................ 12 Employee Conduct (Section 3) ........................................................................................................................ 13 3.1 Accident Form ................................................................................................................................................ 13 3.2 Attendance Expectations ............................................................................................................................... 13 3.3 Drug-Free Workplace .................................................................................................................................... 14 3.4 E-Mail/Voicemail ........................................................................................................................................... 14 3.5 General Rules of Conduct ............................................................................................................................. 14 3.6 Grievances and Appeals ................................................................................................................................ 15 3.7 Nondiscrimination .......................................................................................................................................... 15 3.8 Harassment, Intimidation and Bullying ...................................................................................................... 16 3.9 Child Abuse and Neglect .............................................................................................................................. 17 3.10 Sexual Harassment ....................................................................................................................................... 20 3.11 Reporting Suspected Sexual Harassment ................................................................................................. 20 3.12 Investigation of Sexual Harassment Complaints ..................................................................................... 21 3.13 Affirmative Action – Discrimination ........................................................................................................ 22 3.14 Smoking Policy ............................................................................................................................................ 25 3.15 Staff Dress Code .......................................................................................................................................... 25 3.16 Parking ........................................................................................................................................................... 26 Benefits (Section 4) ............................................................................................................................................. 27 4.1 Health Insurance Benefits ............................................................................................................................. 27 4.2 Benefit Eligibility ........................................................................................................................................... 27 4.3 Insurance Coverage Waiver .......................................................................................................................... 27 4.4 Changes in Coverage and Open Enrollment ............................................................................................... 27 4.5 Retirement Plans ............................................................................................................................................. 27 4.6 Sick Pay ........................................................................................................................................................... 28 4.7 Vacations (12 Month Employees) ............................................................................................................... 28 4.8 Tax Sheltered Annuities ................................................................................................................................ 28 Leaves of Absences (Section 5) ........................................................................................................................ 29 5.1 Leaves of Absences – Procedures to apply ................................................................................................. 29 5.1 Leaves of Absences – Types of Leave ........................................................................................................ 29 5.1.1. Family and Medical Leaves ...................................................................................................................... 29 5.1.2. Bereavement Leave ................................................................................................................................... 34 5.1.3. Jury Duty ..................................................................................................................................................... 34 5.1.4. Military Leave ............................................................................................................................................ 34 5.1.5. Personal Leave Days ................................................................................................................................. 34 5.1.6. Sick Leave ................................................................................................................................................... 34 5.1.7. Vacation (12 Month Employees) ............................................................................................................. 34 5.1.8. Workers’ Compensation ........................................................................................................................... 35 Technology (Section 6) ....................................................................................................................................... 36 6.1 Access to Electronic Information, Services and Networks ...................................................................... 36 6.2 Acceptable Use ............................................................................................................................................... 36 General Information (Section 7) ..................................................................................................................... 38 7.1 Bulletin Boards ............................................................................................................................................... 38 7.2 Emergency Closings ...................................................................................................................................... 38 7.3 Personal Calls ................................................................................................................................................. 38 7.4 Personal Data Changes .................................................................................................................................. 38 7.6 General Disclaimer......................................................................................................................................... 39 Appendices ........................................................................................................................................................... 40 APPENDIX A (Hiring Policies) ......................................................................................................................... 40 APPENDIX B – (Evaluation Legislation) ........................................................................................................ 43 APPENDIX C- (Drug-Free Workplace) ............................................................................................................ 55 APPENDIX D – (Harassment, Intimidation, and Bullying Policy) .............................................................. 56 APPENDIX E – (Child Abuse and Neglect Policy and Referral Form) ....................................................... 67 APPENDIX F – (Sexual Harassment of Employees and Students Policy) .................................................. 74 APPENDIX G – (Affirmative Action Policy) .................................................................................................. 76 APPENDIX H – Tax Sheltered Annuity Providers.......................................................................................... 81 APPENDIX I – Leave of Absence Forms ......................................................................................................... 82 APPENDIX J – Acceptable Computer Use Policy .......................................................................................... 83 Acknowledgement of Receipt of Manual ...................................................................................................... 86 MISSION STATEMENT In partnership with parents and community stakeholders, the Pennsauken School District will provide continuous student academic improvement for the pursuit of life-long learning and happiness. PENNSAUKEN PUBLIC SCHOOLS VISION The Pennsauken Public Schools will foster diversity and talent as well as prepare students with the knowledge, higher-order thinking skills, and communication-readiness for college, career, and workforce success. STATEMENT OF BELIEFS Potential: The District believes that all students have great potential to become innovators of the next generation. It is our responsibility to educate all students to their fullest potential and to foster an expectation for high performance. This requires adopting a positive attitude that drives the belief that with a high quality of education and appropriate supports, students can be successful regardless of circumstances. Diversity: The District believes that our strength is in our diversity. Diversity enhances learning. The individuality and uniqueness of all school community members will be fostered and celebrated. Accountability: The District will make all decisions in the best interests of all students by aligning our Vision and Mission policies, budgets, guidelines, curricula and district performance data. Students should be afforded a highly effective educator in each classroom, differentiated instruction and alternative ways of learning. We believe that the current disparity in academic performance between different groups of students can and must be eliminated. Responsiveness: The District believes that communicating consistently with respect and honesty builds relational trust. Mutual trust fuels responsiveness that focuses appropriately to address the needs of each school community member. The District should be responsive to the needs of students in an evolving educational world and society. SECTION 1 PENNSAUKEN PUBLIC SCHOOLS 1.1 SCHOOLS OF THE DISTRICT Baldwin Early Childhood Learning Center Burling Elementary School Carson Elementary School Delair Elementary School George B. Fine Elementary School Benjamin Franklin Elementary School Theodore Roosevelt Elementary School Pennsauken Intermediate School Howard M. Phifer Middle School Pennsauken High School 1.2 ORGANIZATIONAL STRUCTURE As the Chief School Administrator, the District Superintendent reports to the Board of Education which oversees the primary governance of the District. The Board governs by the philosophy of policy governance and establishes the District’s vision, goals and strategic leadership. The Superintendent is responsible for the administrative operations in accordance with the District’s overall vision. The primary operational areas of the District include: Office of the Superintendent Business Office Human Resources Department Special Services Department Curriculum, Instruction, & Professional Development Maintenance, Buildings & Grounds Department Food Service Department Transportation Department 1.3 ADMINISTRATIVE REGULATIONS AND PROCEDURES The Pennsauken Public Schools reserves the right to establish and carry out specific Administrative Regulations and procedures which, in accordance with the applicable Federal, State and Local laws, are utilized and adhered to in the conduct of the legitimate business of the District. The Pennsauken Public School’s Administrative Regulation Manual is a resource document for established business, employment and general operating policies currently in place. One copy of this manual is located in each school building and on the District’s website at and is updated on a periodic basis. Questions regarding the Administrative Regulation Manual or specific regulations may be directed to the Human Resources Department at (856) 662-8505, or to the appropriate issuing department. 1.4 COMMUNITY RELATIONS Strong links between the schools and the community enhance the learning opportunities available to both students and the school community. The District is committed to using the languages spoken in the district to be responsive and to benefit the schools and community. The district facilitates external and internal communications (newsletters, brochures, bulletins, letters and website), promoting positive relations. Formal and informal research is conducted to determine public opinion and attitude, promoting the district’s strengths/achievements and its solutions to problems, and developing collaborative initiatives between the schools and local business/industry, assisting with recognition programs for employees and students. The Pennsauken Public Schools Calendar and all school activities are posted on the District website. SECTION 2 EMPLOYMENT POLICIES 2.1 EQUAL EMPLOYMENT OPPORTUNITY The Pennsauken Public Schools does not discriminate in any manner contrary to law or justice on the basis of age, culture, religion, color, ethnicity, race, national origin, gender, sexual orientation, language, disability, economic status, creed, marital status, handicap, military membership, veteran status, ancestry, arrest/conviction record, political affiliation, genetics, homeless status, or use of a lawful product off District premises during non-working hours in its educational programs or activities, including employment and admissions. At the same time, the District appreciates its right and duty to seek and retain personnel who will make a positive contribution to its goals and mission in order to enhance the development of student achievement and potential. 2.2 AMERICANS WITH DISABILITIES ACT (ADA) The Pennsauken Public Schools complies with the letter and the spirit of the Americans with Disabilities Act of 1990 (ADA) and the protections provided to individuals with disabilities, not only in its hiring and employment practices, but also in all other provisions of the Act, including public access. The ADA prohibits employment discrimination against ―qualified individuals with disabilities.‖ The Pennsauken Public Schools is committed to provide reasonable accommodations to its employees and applicants for employment in order to assure that individuals with disabilities enjoy full access to equal employment opportunity. While many individuals with disabilities can work without accommodation, other qualified applicants and employees face barriers to employment without the accommodation process. In accordance with the Americans with Disabilities Act (ADA) and ADA Amendments Act of 2008 (ADAAA), accommodations will be provided to qualified individuals with disabilities when such accommodations are directly related to performing the essential functions of a job, competing for a job, or to enjoy equal benefits and privileges of employment. This policy applies to all applicants and employees. In implementing this policy, the District will be guided by the applicable definitions stated in the ADA and ADAAA. Employees can refer to the following government website for additional information: 228905-16590 Americans with Disabilities Act: REQUESTS FOR REASONABLE ACCOMODATION: An individual who needs a modified work environment as the result of a disability is encouraged to request a reasonable accommodation orally or in writing from his or her Supervisor or from the Director of Human Resources. Employees requesting a reasonable accommodation will be required to submit medical verification for the need of the accommodation and may be required to sign an Authorization for Release of Medical records to allow the District to communicate directly with the employee’s health care providers. The Director of Human Resources is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues. The Director of Human Resources will review requests for accommodation. Some accommodations may only be provided on a temporary basis to determine whether they are reasonable and whether they create an undue hardship. Once the Director of Human Resources and employee agree to an appropriate accommodation, it will be implemented in a prompt and fair manner. Employees who have been provided reasonable accommodations will be reevaluated periodically to ensure that they are still reasonable and effective. It is the policy of the District to make a good faith effort to provide any ―reasonable accommodation‖ necessary to ensure that an otherwise qualified individual may enjoy an equal employment opportunity. In order to determine whether a reasonable accommodation exists to ensure that an employee may perform his/her job related responsibilities, the District may require that the employee and his/her treating health care providers submit medical information to the District for its consideration. The District will utilize such medical information to determine whether an accommodation exists to ensure that an employee may perform his/her job related responsibilities and to determine whether such accommodation is reasonable or poses a hardship on the District. In some cases, the District will provide an accommodation on a trial/temporary basis, in order to evaluate whether such accommodation is reasonable or whether it poses a hardship on the District. For specific information and guidance on reporting a disability or requesting a reasonable work accommodation, employees should contact the Human Resources Department. 2.3 NEW EMPLOYEE ORIENTATION PROGRAM New District employees are provided the opportunity to attend the New Employee Orientation, conducted by the Human Resources Department prior to the beginning of each school year. During this program, information is shared regarding the mission and philosophy of the District, personnel policies, sexual harassment, and benefits. Employees are encouraged to ask questions and seek information so that they will understand the guidelines that affect and govern their employment relationship with the District. 2.4 COLLECTIVE BARGAINING The Pennsauken Public Schools believes that good management results in good employee relations. In recognizing the right of individuals to affiliate with labor organizations, the District does so without surrendering its right to manage. The management and administration of the District are vested exclusively with the Board of Education; the Superintendent and his/her designated representatives. Employees belonging to a bargaining unit are subject to all District rules and regulations. Where this Manual conflicts with an applicable collective bargaining agreement provision, the collective bargaining agreement shall rule. 2.5 PERFORMANCE REVIEWS To ensure that all employees perform their jobs to the best of their ability, the District has instituted a performance appraisal system which stresses the importance of employees being recognized for good performance and receiving appropriate suggestions for improvement as necessary. Consistent with this goal, through the District’s appraisal system, supervisors will formally evaluate staff and administrator performance. This performance appraisal also provides an opportunity for an employee to discuss with their supervisor any concerns they may have regarding their position or performance. The goal of the performance appraisal is to enhance the employee’s job performance while establishing good communication channels between the employee and the supervisor. (See APPENDIX B – Evaluation Legislation) 2.6 PERSONNEL RECORDS Personnel records for all employees are maintained by the Human Resources Department in the District Office. Because it is important to have current and updated information in each personnel file, employees are asked to notify the Human Resources Department in a timely manner of all changes of name, address, telephone number, education or other information needed for accurate employment records. See Change of Personal Data. Each employee has the right, to the extent permitted by law, to examine his or her personnel file in the presence of a Human Resources representative. These records may be viewed by making an appointment with the Director of Human Resources. All original employee personnel records remain the property of the Pennsauken Public Schools. However, employees are entitled to copies of certain personnel documents as provided by law. If you disagree with any information contained in your personnel records, you may submit a written statement which Human Resources will then attach to the disputed portion of your personnel records 2.7 PROFESSIONAL DEVELOPMENT/TRAINING PROGRAMS/IN-SERVICE The District expects that employees will engage in continuous learning to further develop their professional skills and personal growth. The District strives to support the development of employees in a variety of ways. In-service is a program that provides opportunities for professional and personal growth to all employees on a variety of subjects including: computer programs, administrative policies and procedures, supervision, effective communication, conflict resolution, diversity, and other valuable subjects. The program is coordinated by the Superintendent of Schools, Supervisors of Curriculum, Instruction and Professional Development and the Director of Human Resources. In addition, credit reimbursement, participation in local and national conferences, attendance at local lectures and workshops are available to employees. All development and training opportunities must receive prior approval by your immediate supervisor and will be dependent upon factors such as supervisory discretion, budget allowances and the relevance of the activity to the performance of job duties. 2.8 RESIGNATIONS AND RETIREMENTS Employees are advised to contact Human Resources Department and their association representative (if applicable) before resigning or retiring. As a common courtesy, employees are expected to notify the District as soon as practicable when the decision had been made to resign. Employees are expected to submit their resignation in writing to the Superintendent through the Human Resources Office and their immediate supervisor. The written resignation will be forwarded to the payroll department for processing. An exit interview with the Human Resources Department is normally scheduled for employees leaving the District. 2.9 EXIT INTERVIEWS Exit interviews with the Director of Human Resources are normally scheduled for employees who leave the District. Employees are encouraged to provide candid comments and suggestions, which can help to improve future District/employee relations and ultimately make the Pennsauken Public Schools a better place to work. The Human Resources representative will relay the employee’s comments to the Superintendent, unless specifically requested not to by the exiting employee. SECTION 3 EMPLOYEE CONDUCT 3.1 ACCIDENT FORM Employees who are injured on the job must fill out an accident report within 24 hours. All injuries, regardless of severity, must be reported. Accident report forms can be found in the school office or from the employee’s supervisor. Supervisors/School Nurse are to notify the Human Resources Department of accident, incident or injury within 24 hours. 3.2 ATTENDANCE EXPECTATIONS The District expects all employees to assume responsibility for their attendance and punctuality as an integral part of their employment. Regular attendance is expected of every employee. Employees should recognize that absences are disruptive to the work environment and decrease productivity and employee morale. Should you be unable to work because of illness, injury or any other reason, you are required to notify your supervisor, or his/her representative or the Principal and/or his/her designee. An absence due to illness that extends to three consecutive days or more, or where there is a pattern of abuse, a medical certification will be required. 3.3 DRUG-FREE WORKPLACE As per Board policy, the Pennsauken Public Schools is committed to maintaining a drug and alcohol free work environment. The use and/or abuse of illicit drugs and alcohol directly interferes with the development and performance of the individual. The effects of that use/abuse diminish the working environment for all. It is a policy of the District that drugs and alcohol in the workplace will not be tolerated. Employees must abide by the spirit and letter of this policy as a condition of employment. Employees are not permitted to consume alcoholic beverages or take controlled substances during or immediately before the workday or during school sponsored functions on the property. Such action of intoxication, being under the influence of an alcohol and/or controlled substance, or having alcohol and/or a controlled substance in an employee’s system while on school property will necessitate immediate and decisive disciplinary measures, up to and including discharge. In addition, any employee convicted of a drug offense must report such conviction to the Department of Human Resources within five calendar days. In accordance with the Drug-Free Workplace Act, the Department of Human Resources is required to report all such convictions to the appropriate grantor agency, if applicable, and to impose appropriate sanctions against the convicted employee. Such sanctions will include corrective actions, up to and including discharge, and/or providing counseling and drug rehabilitation programs to the affected employee. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited at the Pennsauken Public Schools. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner for the employee and fellow employees. Violations of this District policy, which includes unlawful conduct, will be subject to corrective action, up to and including termination for all classifications of employees, depending upon the severity and/or frequency of the violation. (See APPENDIX C- Drug-Free Workplace Policy) 3.4 E-MAIL/VOICEMAIL It is the District’s expectation that employees will check their e-mail and voicemail daily and respond to messages as directed and within a timely manner. 3.5 GENERAL RULES OF CONDUCT Employees are representatives of the District, both in and out of the District. Employees are expected to model positive, effective behaviors and to adhere to the highest standards of their professions. To assist with the efficient operation of the Pennsauken Public Schools and to insure the safety and well being of those at the District, the following rules of conduct are in force. The rules of conduct are not intended to restrict the legitimate rights and activities of employees, but rather are intended to help employees by defining and protecting the rights and safety of all persons working, attending, or visiting the District. Employees are expected to acquaint themselves with these rules as well as with other work rules specific to their department. The conduct defined below (and specific department work rules) will subject employees to corrective conduct defined below (and specific department work rules) will subject employees to corrective action, up to and including termination, depending upon the severity of the violation. The following list of general rules of conduct is by no means exhaustive and other conduct may subject an employee to discipline. Violations of policy include, but are not limited to: Falsification or unauthorized altering, deletion or omissions of records, employment applications, time sheets, time cards, work reports, departmental records, sign in sheets, or other documents related to District operations. Unauthorized disclosure of confidential or privileged information. Unauthorized use and/or possession of intoxicating beverages, narcotics or drugs on District premises; or reporting to work under the influence of intoxicating beverages, narcotic or drugs; being in an unfit condition to work. Threatening whether veiled or open, intimating or harassing others in the workplace or on District premises. Carrying weapons onto District premises unless specifically preauthorized to do so. Behaving in an overtly discourteous, abusive or disrespectful manner toward a fellow employee, supervisor, student or any other member of the District community. Stealing, unauthorized removal, unauthorized use, loss, damage, or destruction of property belonging to the District, employees, vendors, students or visitors of the District. Refusal to follow a work directive, carry out assigned job duties or insubordination toward a manager, supervisor or management representative after being advised that failure to carryout directive/assignment will result in suspension pending termination. Demonstrating any conduct or behavior, which constitutes harassment, abuse or discrimination. Being tardy, leaving early or absent from work without permission or proper notification. fraudulent requests for time off or fraudulent absence allegedly due to illness. Taking breaks at unauthorized times or places without the approval of a supervisor or manager. Violating or ignoring workplace safety and sanitary standards and expectations. Unauthorized or misuse of e-resources or District software. Failing to fully cooperate in any District investigation, which includes but it is not limited to refusing to participate, providing evasive, untruthful or misleading information. Failing to obtain or maintain a current license, certification or other qualification required by law as a condition of continued employment. And all other standards of conduct which the District has established or reasonably has the right to expect in conducting its business. Pushing or striking an employee, student, vendor or visitor of the District. Violating the harassment, intimidation and bullying policy. Three or more consecutive absences as a No Call/No Show constitutes job abandonment. The aforementioned list constitutes some, but not necessarily all, of the kinds of conduct that will result in disciplinary action, up to and including termination. The District reserves the right to determine the appropriate discipline, up to and including termination, based on the circumstances of the individual incident. This provision does not alter the at-will employment relationship and the District may terminate the employment relationship at any time. 3.6 GRIEVANCES & APPEALS As per state statute and collective bargaining agreements, the District provides all employees various avenues for addressing and resolving disagreements with their supervisor, manager or any other member of the District community. These avenues include both formal and informal grievance procedures. Employees represented by a labor organization for the purposes of collective bargaining are to follow the grievance procedure outlined in their specific labor contract if it relates to a specific collective bargaining agreement issue. Union members should contact their union grievance committee. No employee will be retaliated against for filing a grievance or complaint. The Director of Human Resources is available to assist employees in determining whether the grieved action involves behavior prohibited under the District’s nondiscrimination, sexual harassment, racial/disability abuse and harassment policy, and if so, to direct and assist the employee in the District’s grievance procedures. 3.7 NON-DISCRIMINATION As stated in the Equal Employment Opportunity statement, the District does not discriminate on the basis of any protected status. It is the intent of Pennsauken Public Schools to comply with both the letter and spirit of the law in making certain discrimination does not exist in its policies, regulations and operations. In the event an employee feels that he or she has been discriminated against by any action prohibited by law, he or she may seek the assistance of the Director of Human Resources. Informal discussions to resolve the problem are encouraged before a formal complaint is made. Complaints brought to the Human Resources office will be handled in a confidential fashion, to the extent possible and practicable, will be investigated thoroughly and resolutions will be recommended. An employee may contact this office without fear of retaliation regarding his or her employment status. However, frivolous or fraudulent complaints will not be entertained and may result in disciplinary action. If a resolution is not reached at this step, the employee may utilize the grievance procedure outlined in the Nondiscrimination Administrative Regulation 3.8(3) found on the district website. 3.8 HARASSMENT, INTIMIDATION AND BULLYING As per Board policy, the Pennsauken Board of Education establishes that ―harassment, intimidation or bullying‖ means any gesture or written, verbal or physical act, or any use of electronic communication—social networking, texting, sexting, cell phones, computers, pagers or other media whether it be a single incident or a series of incidents, (N.J.S.A. 16: P.L. 2010 Chapter 122) that takes place on or off school grounds, or at any school sponsored function, on a school bus and that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that: is motivated by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability; or, by any other distinguishing characteristic; and a reasonable person should know, under the circumstances, that the act(s) will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of harm to his person or damage to his property; or d. has the effect of insulting or demeaning any student or group; or e. creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student. The District does not tolerate abuse or harassment in any form, and such conduct will result in corrective action, up to and including dismissal. Filing a complaint or reporting racial or disability abuse or harassment will in no way jeopardize an employee’s position or status with the District, nor will it affect future employment, compensation, work assignment, or status. Retaliation of any kind will not be tolerated. (See APPENDIX D – Harassment, Intimidation and Bullying Policy) 3.9 CHILD ABUSE AND NEGLECT The Pennsauken Township Board of Education believes that a child's physical and mental well-being must be maintained as a prerequisite to achievement through the formal educational process. The Board, therefore, believes that it is important to identify and investigate suspected missing, abused or neglected children immediately. The school district will cooperate with the New Jersey Child Protection and Permanency (CP&P) in identifying and reporting all such cases, whether institutional or non-institutional. The Superintendent/designee shall act as liaison between CP&P and the district. The procedures for reporting child abuse and neglect are outlined in the Board policy on Child Abuse and Neglect and are outlined below. PROCEDURE FOR REPORTING SUSPECTED MISSING, ABUSED OR NEGLECTED CHILD These procedures provide direction for all employees, volunteers and interns of Pennsauken School District for reporting suspected cases of missing children, abused children or neglected children to Child Protection and Permanency (CP&P) and to cooperate with the investigation of such allegations. What is Child Abuse and Neglect? A child who is under the age of 18 is considered to be abused or neglected when a parent or caregiver: Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm. Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so. Commits or allows to be committed an act of sexual abuse against a child. For reference, a description of physical and behavioral indicators can be found in. Reporting Any person having reasonable cause to believe that a child may be missing or has been subjected to child abuse or acts of child abuse or neglect shall report this suspicion directly and immediately to DYFS by telephone. The person reporting should have firsthand knowledge of the allegations. Call immediately when: You see signs of abuse or neglect A child tells you about the abuse or neglect You witness the abuse or neglect Prior to calling, if physical injuries are present or reported by the child to be present, the reporter may consult with the school nurse to provide prompt action in facilitating treatment options for a child injured by abuse or neglect. The nurse will document her assessment on the appropriate reporting forms. This consultation should not significantly delay the call to DYFS. The person reporting should be prepared to provide the following facts, if known WHO Identify the people involved – the child, date of birth, parent/guardian/caregiver, siblings, others in the home, addresses, the alleged perpetrator, the alleged perpetrator’s relationship to the child Identify the school district and the school the child attends, the grade enrolled in. o Previous involvement with DYFS if known. WHAT What type of abuse/neglect is suspected? o Describe the incident as you know it. o What happened that caused you to be concerned? o What is the child’s current condition? Describe any marks, bruises, etc on the student detailing color, size and location. WHERE – Where did the incident take place? Where is the child now? Does the alleged perpetrator have access to the child? WHEN When did the incident occur? What is the frequency of abuse / neglect alleged? When did you learn about it? HOW How urgent is the need for intervention? o Is there a likelihood of danger for the caseworker? Call early in the day, if known, so the investigator has time to plan the response and may be able to see the child during the school day. Ask the DYFS intake worker if a caseworker will be coming out to the school that day or should you release the child to their home at the end of the school day. The staff member, volunteer or intern may remain anonymous on behalf of the Pennsauken School District. Always note the name of the intake person to whom you made the report at DYFS, note the date and the time you called. The reporter should utilize the reporting form found in. This report is for your reference as the reporter of the allegation. If DYFS requests any report and you feel comfortable providing it, you may do so. After the call is made, If not informed prior to reporting, the reporter must inform the building principal, unless he/she believes that doing so may endanger the welfare or cause retaliation or discrimination against the child or himself/herself. The building principal shall notify the chief school administrator or designee who shall notify the Pennsauken Police Department. If appropriate, the school counselor should be notified to provide emotional support to the student. The DYFS representative and/or the Pennsauken Police Department will establish ALL contact with the parent/guardian/caregiver. Neither DYFS representatives nor members of the police department may divulge the source of the referral. The reporter or any school official is not to notify the parent/guardian/caregiver that a report to DYFS has been made for alleged abuse or neglect. Investigation Process The DYFS caseworker must present proper photo identification issued by DYFS and an official DYFS business card stating their name and phone number to the school secretary upon arrival in the school building. This ID includes name of the caseworker, date of birth, caseworker’s photo, a seal, an expiration date and the caseworker’s signature. A copy of this ID may NOT be made. The business card is kept by the school principal / designee. If the caseworker calls in advance that he/she is coming to interview a child, the secretary will notify the principal. The principal will confidentially notify the teacher that a DYFS representative will interview the child. The principal must be notified of the arrival of the DYFS caseworker. If the principal is off campus when the caseworker arrives, the principal must report back to the building. The DYFS worker may choose to interview the teacher. The principal will provide class coverage and will be present during the interview if deemed necessary. When interviewing the child, the principal or designee will be present to provide comfort and support for the child. The principal or designee will not participate either verbally or non-verbally in the interview. If the child is uncomfortable with the presence of the principal or designee, the child may name a staff member that he/she prefers. During the interview, the school representative should be positioned behind the student. NOTE: If the DYFS caseworker does not want a school official in the room, it is their right to ask the school official to leave during the interview. If requested, the DYFS caseworker may ask the school nurse to assess the child for any injuries related to the allegation, such as wounds, bruises, etc. The assessment will be done in the privacy of the nurse’s office with the DYFS caseworker present. The nurse should make arrangements so that no other students are in the office or able to enter the nurse’s office at the time of the assessment to insure complete privacy. The school principal/designee will cooperate with the DYFS investigator in providing all student records requested. The DYFS investigator must secure a signed request in writing on official letterhead of all necessary documents. No school official may release documentation without the signed request from DYFS. Faxed requests are acceptable. If it is necessary for DYFS to remove the child from the home and that removal takes place during the school day, the principal must be present to facilitate as smooth a transfer as possible. After an investigation, the school district should receive a referring letter stating whether the allegations were founded or unfounded. This letter will come directly from the child’s DYFS caseworker. Consequences for not reporting suspected abuse or neglect Knowingly failing to report suspected abuse or neglect can have devastating consequences on a child and legal consequences on you. Any person knowingly failing to report an act of suspected child abuse or neglect having reasonable cause to believe an act of child abuse or neglect has been committed is a disorderly person under the law. If charged with this, the person is subject to a fine up to $1,000.00 or up to 6 months in prison or both. Reporting your suspicions to the counselor, nurse or principal is not reporting suspected abuse or neglect. You must report directly and immediately to DYFS if you have received knowledge of potential abuse or neglect. Confidentiality All referrals and information discussed before, during and after interviews/investigations is confidential. School employees, volunteers and interns are to refrain from discussing any aspects of a suspected child abuse or neglect case incidentally with other school employees, volunteers and interns. (See APPENDIX E – Child Abuse and Neglect Policy) 3.10 SEXUAL HARRASSMENT The Pennsauken Public Schools does not tolerate harassment in any form, and such conduct will result in corrective action, up to and including dismissal. By policy and law, harassment of students or of staff in the workplace is prohibited. Filing a complaint or reporting harassment will in no way jeopardize an employee’s position or status within the District, nor will it affect District future employment, compensation, work assignment or status. 3.11 REPORTING SUSPECTED SEXUAL HARASSMENT Any employee or student with a sexual harassment concern or question, prior to filing a formal complaint, may contact the Director of Personnel for counsel and assistance. Any individual, employee or student, who believes that he/she may have experienced sexual harassment, or who believes that he/she has observed sexual harassment taking place, must report this information immediately to one of the following reported officials: Director of Personnel Building Principal The complainant’s supervisor, where the supervisor is not the accused. Reports/complaints in which the accused is neither a District employee nor a student (e.g., vendors, visitors, etc.) shall be processed consistent with any other complaint by notifying one of the four reporting officials above, although the District reserves the right to alter or modify the procedures outlined below, in its sole discretion, in order to effectively handle these complaints. (See APPENDIX F - Sexual Harassment of Employees and Students Policy) 3.12 INVESTIGATION OF SEXUAL HARASSMENT COMPLAINTS Unless otherwise provided herein, responsibility for the investigation of sexual harassment complaints in which the accused is an employee (teacher, administrator, staff or student employee) shall be with the Director of Personnel. Responsibility for the processing of sexual harassment complaints in which the accused is a student shall be with the Director of Pupil Services. The Superintendent or his/her designee has the authority to appoint an alternate investigator as circumstances require and in his/her sole discretion, such as when a substantial conflict of interest is alleged by the complainant, accused or investigator. In the event a request for an alternate investigator is made and/or an alternate investigator must be appointed, the specific time lines provided in the policy shall be suspended pending that appointment. Complaints will be addressed as confidentially as possible and/or practicable, considering the specific circumstances of the allegations, to protect the rights of both the complainant and the person accused. The investigator may gather information from any sources deemed necessary in an effort to fully investigate and resolve the complaint. Complaints must be delivered by the complainant to one of the reporting officials referenced above. The formal complaint must be filed as soon as possible after the alleged incident occurred or after attempts to resolve the situation informally have been unsuccessful. The complaint must be in writing, signed and dated by the complainant, and should include the following information: Details concerning the incident(s) or conduct giving rise to the complaint Dates and location of incident(s). Any witness to the alleged incident(s) or conduct. Action(s) requested to resolve the complaint and prevent future violations of the policy. Each alleged offender will be provided with a copy of the complaint by the investigator within five (5) business/work days of the investigator’s receipt of said complaint. The investigator will notify the supervisor of the accused person regarding the complaint, in order that the supervisor may take appropriate interim and/or remedial action during the investigation. (Example temporary assignment, paid leave of absence, separation of the complaint and accused.) The alleged offender will be given an opportunity to submit a written response to the complaint within five (5) business/work days of receipt of a complaint, a copy of which will be provided to the complainant by the investigator. The investigator will interview the complainant and the alleged offender and may also, at his/her discretion, interview witnesses, supervisors and/or any other persons who may have information about the alleged incident. The investigator may review personnel or other records relevant to the complaint. The complainant and the accused person shall be permitted to suggest witnesses and/or other evidence, which shall be considered by the investigator. A record shall be kept of all individual interviews. Within thirty (30) business/work days of receiving the formal written complaint, the investigator will assess whether a violation of the policy has occurred and will submit the finding in writing to the complainant, the person accused, his/her immediate supervisor and the Superintendent. The investigator must find by a preponderance of the evidence (that it is more likely than not) that the alleged sexual harassment has occurred in order to hold the accused responsible for such conduct. If sexual harassment was found to have occurred, the Superintendent shall be responsible for acting on the findings of the investigator. In making a decision regarding discipline, the Superintendent shall consider the previous conduct, the seriousness of the violation and any other information pertinent to this decision. Where a pattern of practice of sexual harassment exists or prior complaints of sexual harassment have been confirmed, the Superintendent shall consider the totality of information in determining appropriate discipline, and may also take formal disciplinary action. The Superintendent may also review any part of the investigative records. Appropriate discipline may range from an oral reprimand up to and including termination/dismissal for cause or any other appropriate remedial action. Within five (5) business/work days of receiving the investigator’s findings with regard to whether the information gathered in the investigation resulted in a finding that sexual harassment occurred, the supervisor shall meet with the accused person to discuss the findings and recommendations. This meeting may also include the Superintendent or the Director of Personnel. Within five (5) business/work days of this meeting, the supervisor shall issue a written notice of the appropriate disciplinary action, if any, after appropriate consultation with the Superintendent and Director of Personnel, which notice shall be provided to the accused and the investigator. The investigator will, in turn, notify the complainant of the resolution of the complaint, including that the complaint was handled and if any disciplinary action was imposed. All deadlines indicated above may be altered at the discretion of the investigator and/or supervisor for good cause shown. The complainant will be notified of any alteration in deadlines. 3.13 AFFIRMATIVE ACTION – DISCRIMINATION COMPLAINT PROCEDURES: If you believe that you have been subject to discrimination based on race, creed, color, national origin, ancestry, age, marital status, or sexual orientation, gender, religion, disability, familial status, or military service status, you may seek a remedy from the School District by filing a Complaint in accordance with these procedures. Discrimination can include harassment. These Complaint Procedures are available to the entire school community including but not limited to students, employees, and parents. All complaints will be investigated. FILING A COMPLAINT: Any person who believes he/she has been subjected to discrimination or has evidence of discrimination by an employee, student, or an outside vendor should file a written complaint with the Building Affirmative Action Representative. Complaints made to Board members, administrators, supervisors, principals, department heads, directors, teachers, counselors or other staff must be immediately referred to the Building Affirmative Action Representative. Investigations by others are not permitted unless directed by the County Superintendent. Written complaints should include: A detailed description of what occurred including any verbal comments and responses from both parties; A list of any persons with knowledge of the discrimination; If known, the specific date(s) and locations(s) of the action or incident(s). Describe the relief sought. The Building Affirmative Action Representative shall advise the District Affirmative Action Officer of all complaints related to staff members, and the nature of same, within 24 hours of receipt of the initial report. COMPLAINT INVESTIGATION: In most instances, complaints will be investigated by the Building Affirmative Action Representative. Where appropriate, the State District Superintendent may determine that the investigation will be performed in whole, or in part, by a third party investigator and/or District Counsel. All complaints shall be promptly investigated. The investigation report shall be treated as a confidential internal document and shall not be disclosed to the complainant or the accused. Generally, the investigation shall begin with a conference with the Complainant and shall be followed with separate, private conferences with all persons with relevant information, to the extent reasonably possible. Written statements should be obtained whenever possible. In the event an employee is accused of discrimination, the employee’s Personnel File shall be reviewed by the District Affirmative Action Officer, the Superintendent and/or designee, for any information relevant to the complaint. All involved persons shall be directed to not discuss the investigation with anyone other than the investigator or legal representative, at any time. All involved persons shall be apprised of the fact that retaliation is prohibited and will be deemed a separately punishable offense. During the course of the investigation, the investigator shall apprise the District Affirmative Action Officer of the progress of the investigation. During the course of the investigation and prior to its conclusion, the District Affirmative Action Officer shall apprise the Superintendent of the progress and results of all investigations involving staff. A written response, indicating whether the charge(s) has/have been substantiated shall be provided to the Complainant within (5) business days unless extenuating circumstances dictate a longer response time and such extension of time have been made known. If an investigation substantiates a violation by an employee of District policy prohibiting discrimination/harassment, it shall be cause for District action which shall be implemented consistent with the seriousness of the offense and/or whether there is a pattern of substantiated offenses. If an investigation substantiates a violation by a vendor, provider, or a vendor’s or provider’s employees, agent or representative, or other third party individual, the vendor, provider, and/or specific individual shall be subject to action including but not limited to suspension and/or cancellation of existing contract(s), debarment from future contracting, removal of personnel from the school/worksite, and notification of police and other appropriate agency (e.g., the State Division of Youth and Family Services). If not satisfied with the above decision, either party may appeal, in writing, within ten (10) calendar days to the District Affirmative Action officer. The appeal must specifically describe the basis for the appeal and describe the relief sought. The District Affirmative Action Officer shall provide the parties an informal opportunity to be heard within ten (10) business days except that in exceptional circumstances, the District Affirmative Action Officer may request, procure, and/or consider additional information. The appealing party may be represented by an attorney and/or union representative. The appealing party may present witnesses. The District Affirmative Action Officer shall respond in writing within five (5) business days after the hearing, unless extenuating circumstances exist warranting a delayed response. Within ten (10) business days of the date of the District Affirmative Action Officer’s decision, either party may file a written appeal to the Superintendent setting forth reasons why the decision should be rejected or modified. The Superintendent shall consider the matter, on the papers, and respond in writing within twenty (20) business days unless circumstances require more time. If not satisfied with the above decision, either party may appeal, in writing, within ten (10) calendar days to the Superintendent. The appeal must specifically describe the basis for the appeal and describe the relief sought. The Superintendent shall provide the parties an informal opportunity to be heard within ten (10) business days except that in exceptional circumstances, the Superintendent may request, procure, and/or consider additional information. The appealing party may be represented by an attorney and/or union representative. The appealing party may present witnesses. The Superintendent shall respond in writing within five (5) business days after the hearing, unless extenuating circumstances exist warranting a delayed response. If the grievant is not satisfied at this level, an appeal may be made within ten working days to the Board of Education which will hear the complaint at the next regular meeting or within thirty calendar days. Local Board hearing shall be conducted so as to accord due process to all parties involved in the complaint such as written notice of hearing dates, right to counsel, right to present witnesses, right to cross-examine and to present written statement. The decision of the Board shall be by a majority of the members at a meeting which shall be public. The Pennsauken Board of Education shall respond to the grievant within thirty calendar days. (See APPENDIX G – Affirmative Action Policy) 3.14 SMOKING POLICY Pennsauken Public Schools maintains a smoke-free environment for the greater health, comfort and productivity of all students and staff. Pennsauken Public Schools prohibits the use of all tobacco products on all school property. Violations are subject to District corrective counseling procedures, up to and including termination. 3.15 Staff Dress Code As per Board policy, the adults of our school district serve as role models for the children, and help to shape the students’ attitudes and values concerning neatness, pride and self-worth. The staff dress code which follows sets reasonable standards for grooming and appearance. Employees shall be neatly attired and groomed while discharging their responsibilities in the district. Grooming and attire shall meet the following criteria: Male staff members shall wear a dress shirt and tie. Socks are also to be worn. Male staff members may wear a turtleneck or mock turtleneck shirt or sweater with a sports jacket in lieu of a shirt and tie. Female staff members shall wear skirts, blouses or sweaters, dresses, suits or slack outfits. (Skirts and dresses should reach no higher than 4 inches above the knee.) Form-fitting pants such as leggings and tights must be covered with a top reaching no higher than 4 inches above the knee. e. Sneakers are not permitted. Dungarees or jeans are not permitted. Excessively tight fitting clothing is not permitted. Special Considerations: Physical education teachers may wear uniforms which are appropriate to their subject area. Outside the gym area, physical education teachers are to wear long pants not shorts. Smocks may be worn by shop teachers, science teachers and art teachers working in labs. Industrial arts teachers are not required to wear ties during those times that they are working near machinery. Exceptions to the above criteria may be permitted with prior approval of the school principal. 3.16 Parking Vehicle parking at each of the schools in the district is limited to the parking spaces in the assigned parking areas. For safety precautions, at no time are vehicles permitted to park in the fire lanes. Only vehicles with handicapped placards are permitted to use handicapped parking spaces. SECTION 4 BENEFITS 4.1 Health Insurance Benefits The Pennsauken Public Schools offers comprehensive and competitive employee benefit programs for full-time employees. These benefits include health care insurance (medical, prescription, and dental), tax-sheltered annuities, and state pension. In addition, the District offers to its eligible employees sick, holiday and vacation pay. This manual is intended to provide a general, informative overview of available benefits, Specific information and summary plan descriptions on each benefit offering can be obtained from the Department of Personnel on or about the first day of work and at the new employee orientation. Should specific benefit questions arise, the plan documents shall take precedence over the summary information in this manual. Employees, represented by a labor organization for the purposes of collective bargaining are generally eligible for the same benefits and benefit programs as those employees not so represented. Such employees should consult the applicable collective bargaining agreement for rules concerning benefits and eligibility. (All forms will be available on-line). 4.2 BENEFIT ELIGIBILITY Employees classified as full-time regular are eligible for all benefit plans upon the first day of employment. Prior to the first day of employment, all insurance forms must be picked up, completed, and returned to the Personnel Office for processing 4.3 INSURANCE COVERAGE WAIVER If employees wish to waive any or all of their insurance coverage, a monetary sum will be provided by the district, based upon the collective bargaining agreements. Check the appropriate agreement for the amounts of the waiver amounts. 4.4 CHANGES IN COVERAGE AND “OPEN ENROLLMENT” Changes in benefit coverage can only be made within 30 days of a Qualifying Event. Questions regarding benefit enrollment and eligibility should be directed to the Department of Personnel. As an employee of the Pennsauken Public Schools you are encouraged and expected to take pro-active and timely actions relative to health care enrollment, and other benefits for you and your dependents. If changes are not made within the 30 day period, changes cannot be made until the subsequent open enrollment period, which takes place in May and June of each year, with the coverage beginning on first day of July. 4.5 RETIREMENT PLAN The New Jersey Retirement System is offered to full-time and part-time regular employees. Eligible employees are automatically enrolled beginning on their date of hire. For information concerning retirement benefits please refer to the TPAF or PERS sections of this manual. These retirement manuals are also available on line at . 4.6 SICK PAY The District provides sick leave to all eligible full time employees. The primary purpose of sick leave is to protect employees and their families against loss of income due to illness or injury. . 4.7 VACATIONS The District offers a competitive paid vacation schedule to all 12-month, support staff and administrative employees. Vacations are intended for rest and relaxation and for the well being of District employees. 4.8 TAX SHELTERED ANNUITY (TSA) Tax Sheltered Annuity -403(b) Pennsauken Public Schools District 403(b) Plans to help employees save for retirement. The 403(b) Plan is a voluntary tax-deferred retirement savings program. An eligible employee can elect to defer a portion of his or her compensation to the Plan on a pre-tax basis. (See APPENDIX H – (Current Tax Sheltered Annuity Information) SECTION 5 LEAVES OF ABSENCE 5.1 LEAVES OF ABSENCE A leave of absence is approved time off from the job, without a break in employment, for valid medical, personal, military or other reasons. All regular full-time employees are eligible to apply for a leave upon completion of one year of employment. Employees represented by a labor organization for the purposes of collective bargaining are subject to their respective leave provisions outlined in their specific labor contract. Leaves of absence should be requested in writing with at least two weeks advance notice, when foreseeable, and submitted to your supervisor or department head for approval. Leave approval will be subject to applicable laws, staffing needs, and past work history. All such requests will then be forwarded to the Department of Personnel for processing. A. Procedures to Apply for a Leave of Absence Leave of Absence Forms are available in the main office of the school buildings, the department supervisors, or on-line and . The following process should be used in the submission of leave of absence form: The employee who is requesting the leave of absence must complete all required boxes. Check off the appropriate type of leave and attach documentation if required. The employee must sign the request form and submit it to his/her immediate supervisor (principal) The supervising personnel must sign the request form and forward it to the Office of Personnel for approval. If signatures are not affixed, the leave of absence form will be returned. One copy of the approved and/or denied forms will be returned to the employee and one copy will be returned to the School office personnel responsible for keeping the schools’ absentee records. B. Types of Leaves of Absence 1. FAMILY AND MEDICAL LEAVE It is the policy of Pennsauken Public School District to grant up to 12 weeks of family and medical leave during any calendar year period to eligible employees, in accordance with the requirements of the New Jersey and Federal Family and Medical Leave Acts (FMLA and NJFMLA). In addition we will grant up to 26 weeks of leave during a single 12-month period in compliance with the expansion of FMLA, under the Support for Injured Service members Act of 2007. This leave may be paid, unpaid or a combination of paid and unpaid, depending on the reason for leave and the benefits for which the employee may be eligible. The New Jersey and Federal laws differ in a number of areas, and the District will comply with both. When the reason for a leave qualifies under both New Jersey and federal law, the following rules apply: The employee is deemed to be exhausting his/her entitlement under both laws concurrently; and The provision(s) most favorable to the employee will apply If leave qualifies for both New Jersey and federal FMLA leave, the leave used counts against the employee’s entitlement to leave under both laws. Therefore, where an employee is entitled to leave under both laws, the notice, certification, substitution, and intermittent leave requirements which provide the greater leave rights apply. However, if an employee’s leave extends beyond the period of coverage under one of the laws, an employer may require the employee to comply with the requirements of the continuing law. The leave may run concurrently with any other leave (including leave under the Workers’ Compensation Act, Americans with Disability Act, the New Jersey Fair Employment Act and any applicable collective bargaining agreement) available to the employee under the provisions of current employee agreements/contracts or other District leave and absence policies. The taking of leave under this policy will not be used against an employee in any employment decision, including the determination of promotions, discipline, compensation, etc. Eligibility To be eligible for leave under this policy, an employee must have been employed by the District for at least 12 months. In addition, in the 12 months immediately preceding the commencement of the leave, the employee must have: Been in paid status for 1,000 hours to qualify under New Jersey law; and Worked 1,250 hours to qualify under federal law. Types of Leave Covered under the Family and Medical Leave Act A. Birth or Placement for Adoption or Foster Care Family leave will be available to eligible employees for the birth of a child or for placement of a child with the employee for purposes of adoption or foster care. B. Serious Health Condition of Employee An eligible employee who experiences a serious health condition as defined by the New Jersey and/or federal law may take medical leave under this policy. A serious health condition will generally occur when the employee: Receives impatient care in a hospital, hospice or nursing home; Suffers a period of incapacity accompanied by continuing outpatient treatment/care by a healthcare provider; or Has a history of a chronic condition which may cause episodes of disability. Medical leave may be taken all at once or when medically necessary, in smaller increments. The need for leave must be documented by the employee’s treating health-care provider through the medical certification process. An employee may be paid for all or part of a medical leave to the extent he or she is eligible for benefits such as personal leave, sick leave, or long-term disability. Under New Jersey FMLA the employee may choose to substitute paid leave or take the absence unpaid. When the leave falls under federal only, the District may require the employee to substitute any accrued paid leave. C. Serious Health Condition of Immediate Family Member An eligible employee may take family leave under this policy in order to care for a son, daughter, spouse or parent with a serious health condition (see above section for definition). The New Jersey FMLA also covers the serious health condition of an employee’s domestic partner or parent-in-law). Similar to leave for the employee’s own serious health condition, this leave may be taken all at once or, when medically necessary, in smaller increments. It will be necessary for the family member’s treating health-care provider to document the need for leave through the medical certification process. D. Qualifying Exigency for Military Family Leave An eligible employee may take family leave under this policy while the employee’s spouse, son, daughter, or parent (the ―covered military member‖) is on actively duty or call to active duty status for any qualifying exigency under federal law. This leave may be taken all at once or in smaller increments. It will be necessary to submit a complete and sufficient certification for FMLA leave due to a qualifying exigency. E. Leave to Care for a Covered Service member with a Serious Injury or Illness An eligible employee may take up to an additional 14 weeks (not to exceed 26 weeks total) of family leave in a single 12-month period under this policy to care for a current member of the Armed Forces, including a member of the National Guard or Reserves, or, the National Guard or Reserves who is on the temporary disability retired list, who has a serious injury or illness incurred in the line of duty on active duty for which he or she is undergoing medical treatment, recuperation, or therapy; or otherwise in outpatient status; or otherwise on the temporary disability retired list. This entitlement will be applied on a per-covered-service member, per-injury basis. The covered service member must be covered the eligible employee’s spouse, son, daughter, or parent, or next of kin. It will be necessary for the covered service members treating health-care provider, to document the need for leave through the medical certification process. Notifying the District of the Need for Family or Medical Leave Generally, a Leave of Absence Request Form must be completed for all leave taken under this policy. When the need for leave is foreseeable, the employee is expected to provide notice to the employer at least 30 days in advance. When this is not possible, notice should be provided to the employer as soon as the employee learns of the need for leave. In cases of emergency, verbal notice should be given as soon as possible (by the employee’s representative if the employee is incapacitated), and the Absence Request Form should be completed as soon as practicable. Failure to provide adequate notice if the leave was foreseeable may result in a delay of the leave. Leave of Absence Request Forms can be obtained from the Human Resource Department. Calling in ―sick‖ does not qualify as notifying the District that the employee needs FMLA leave. An employee must provide sufficient information regarding the reason for an absence for the District to know that protection may exist under this policy. Failure to provide this information as requested may result in the employee forfeiting all rights under the policy. This means the absence may be counted against the employee for purposes of discipline for attendance, etc. Notwithstanding the above, if, based on information received from the employee or his or her spokesperson, the District may designate the leave as FMLA-qualifying. Upon making such a designation, the District shall provide written notice to the employee with regard to (1) the employee’s eligibility for FMLA leave, (2) the designation of the leave as FMLA-qualifying and (3) the employee’s rights and responsibility under the FMLA. Medical Certification of a Serious Health Condition Generally, the District will require medical certification to verify that an employee or family member’s illness meets the definition of serious health condition and to determine the nature and duration of the leave. In the case of a family illness, the provider must also verify that the employee is needed to care for the family member. Periodic recertification to verify that a condition is ongoing may be required as provided by the law. The Medical Certification Form can be obtained from the Human Resource Department and should generally be returned within 15 days. Failure to provide this certification may result in delay or denial of the leave. Additional Certifications If the District has reason to question the validity of a medical certification, an employee may be required to provide a second certification from a health-care provider selected and paid for by the district. If the second opinion differs from the first, a third opinion may be required. The health-care provider for the third opinion must be mutually chosen by the employee and the company and paid by the district. The third opinion, by law, is binding on all parties. Use of Paid and Unpaid Leave Both state and federal FMLA mandate that an employer provide unpaid FMLA leave to eligible employees. However, an employee or employer may elect to substitute a paid benefit for which the employee is eligible in order for the employee to receive pay during the leave. When paid benefits are substituted for the otherwise unpaid FMLA leave, the employee is using the benefits concurrently with FMLA leave, and those benefits will not be available to the employee later. Combined Leave If a husband and wife both work for the District, and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, the maximum combined federal FMLA leave for both spouses for these purposes is 12 weeks. Under the New Jersey FMLA, each employee is entitled to up to 6 weeks of leave for the birth or adoption of a child. There is no obligation to combine leaves. However, because, in the majority of circumstances, the leave will earn concurrently, when a husband and wife both work for the District and intend to take leave for the birth or adoption of a child, they should contact the Human Resource Department to determine the amount of leave available. Intermittent or Reduced Schedule Leave Intermittent and/or reduced schedule leave will be permitted generally when it is medically necessary for the serious health condition of the employee or the employee’s immediate family members. In some cases, intermittent and/or reduced schedule leave will be permitted for the birth or placement for adoption. Intermittent and reduced schedule leave must be scheduled with minimal disruption to an employee’s job. To the extent an employee has control, medical appointments and treatments related to a serious health condition should be scheduled outside of working hours or at such times that allow for a minimal amount of time away from work. Employees who wish to take intermittent and/or reduced schedule leave should provide a proposed schedule to the Human Resource Department to determine whether they are eligible for such leave. The District may, in some cases, transfer an employee to an alternative position, with equivalent pay and benefits, in order to better accommodate the need for intermittent or reduced schedule leave. Benefit Continuation During Leave Employees may elect to continue group health and dental insurance while on leave but must continue to pay their portion of the premium. Other benefits, such as supplemental life insurance, will also be continued during the leave, so long as the employee continues to pay any required contribution. Payment arrangements will be discussed with individuals upon their request for leave. Return from Leave A fitness-for-duty statement will be required in order for an employee to return from a medical leave. Failure to provide the statement will result in a delay in the return to work. An employee who wishes to return to work earlier than originally anticipated must provide at least two days notice of such request. Rights Upon Return From Leave An employee who takes leave under this policy will be reinstated to the same job or an equivalent position upon completion of the leave. If an individual has exhausted all leave under this policy and is still unable to return to work, the situation will be reviewed on a case-by-case basis to determine what rights and protections might exist under other District policies. The law provides that an employee has no greater rights upon a return from leave than the individual would have had if he or she had continued to work. Therefore, an employee may be affected by a layoff or other job change if the action would have occurred had the employee remained actively at work. In such cases, the official date of the layoff or other action will be the date on which the employee would otherwise have returned to work following the leave. Forms Forms are available from the Personnel Department or on-line at 2. BEREAVEMENT (FUNERAL) LEAVE Employees may attend funerals they deem necessary. The collective bargaining agreements, where applicable, state the number of bereavement days that may be taken for family members. Personal leave may also be taken to attend funerals. 3. JURY DUTY Employees called for jury duty will be granted leave at full pay less the amount of pay received from the court, excluding stipends for mileage, meals and parking. There shall not be a deduction from vacation, sick or personal leave for time spent on jury duty. 4. MILITARY LEAVE An employee who is a reservist or member of the National Guard shall, upon request to their supervisor, be granted a leave-of-absence for the period required to perform active duty for training or inactive duty (drills) in the Armed Forces of the United States. Involuntarily called-up employees returning from duty will be assured of all rights provided by federal law and/or state statute. 5. PERSONAL LEAVE DAYS Personal leave days may be granted to employees. Where applicable, staff should refer to their collective bargaining agreement for information regarding the number of personal days available each year and restrictions on when these days can be used. Employees must apply in writing, to request and obtain supervisor approval. 6. SICK LEAVE The District offers a sick leave to all full-time and part-time regular employees. The primary purpose of sick leave is to protect employees and their families against loss of income due to illness or injury. Accrued sick days may be used for personal illness. Upon termination, unused sick leave may not be used as necessary notice for resignation nor will unused sick leave be paid. Eligible employees may convert unused sick time into retirement benefits. 7. VACATION (12 MONTH EMPLOYEES) The District offers a competitive paid vacation schedule to all 12-month, eligible support staff and administrative employees. Vacations are intended for rest and relaxation and for the well being of District employees. All vacation utilized by support staff employees must be recorded on the District’s timekeeping system. The system will not allow vacation balances to exceed the allowable maximum. Requests for vacation should be submitted to the employee’s supervisor at least two weeks in advance of the requested dates. All vacation should be scheduled when the workload permits and must be approved in advance by the appropriate supervisor, director, principal, etc. Supervisors may restrict employees from taking vacation during the first three months of employment. SEE APPENDIX I – Leave of Absence Form) 8. WORKERS’ COMPENSATION The District takes great care in providing a safe work environment for all employees. Therefore, every attempt will be made to safely manage all operations and to prevent accidents. If an employee sustains an on-the-job injury/illness, the supervisor must be immediately notified and an accident report form, available in school offices and on our webpage, must be completed by the employee within 24 hours. All District employees are covered under the Pennsauken Schools Workers’ Compensation laws for jobrelated illness or injuries. For additional information on Workers’ Compensation coverage employees should contact the Business office. SECTION 6 TECHNOLOGY 6.1 ACCESS TO ELECTRONIC INFORMATION, SERVICES AND NETWORKS FOR DISTRICT EMPLOYEES The Pennsauken Public Schools is committed to the development and use of appropriate educational methods, including making a broad range of technological resources available to staff to enhance our mission of providing excellent education services to the community. The District’s goal in providing these services to staff is to promote learning by facilitating resource sharing, innovation and communication. Although the Pennsauken Public Schools does not have control over all information available through electronic information resources, all staff are expected to adhere to the following guidelines in the use of district provided technology resources. For purposes of these guidelines, electronic information and communication resources include, but are not limited to: telephones, computers, hardware, software, ancillary computer equipment, Internet services, electronic mail services, television and audio/video equipment. 6.2 Acceptable Use Policy (AUP) The District’s education goals and administrative policies shall be used as guides when selecting and appropriately using electronic information and communication resources. Use of the District’s electronic information and communication resources is not private. The school district retains exclusive control of electronic information and communication resources provided to all staff. The District may inspect and review any or all use of those resources at the discretion of District Administrator (designee). Such reviews will be conducted as the District deems necessary and may occur with or without notice, with or without consent and without a search warrant. Use of District provided electronic information and communication resources is a staff privilege and may be suspended or terminated at any time for any reason at the discretion of the District Administrator (designee). Users are responsible for appropriate use of District provided electronic information and communication resources. These resources, including passwords, are to be used only by the authorized staff member and are not to be shared with other staff, students or the public. Users shall not intentionally seek information on, obtain copies of, or modify files, data or passwords belonging to other network users without permission. No use of the District’s electronic information and communication resources shall serve to disrupt the use of other users. District owned resources shall not be destroyed or abused in any way. Use of the District’s electronic information and communication resources for personal entertainment or business, commercial or financial gain, soliciting or lobbying for political or religious causes, use for unethical or disruptive activities, sending junk mail or chain letters is prohibited. Use of the District’s electronic information and communication resources to transmit information that is discriminatory, harassing or offensive to others, or material that defames an individual, company or business, or discloses personal information without authorization is prohibited. Use of the District’s electronic information and communication resources to access pornographic sites or display images of a sexual nature is prohibited (see Sexual Harassment policy.) Failure to comply with these administrative guidelines may result in the termination of privileges to use the District’s electronic information and communication resources. Additionally, appropriate corrective and/or disciplinary and/or law enforcement action may be taken consistent with Board policy, other administrative guidelines, pertinent collective bargaining agreements and/or law enforcement requirements. (SEE APPENDIX J – Acceptable Use Policy) SECTION 7 GENERAL INFORMATION 7.1 BULLETIN BOARDS Official Pennsauken School district bulletin boards are located in accessible areas throughout the District. Bulletin boards display important information for employees about laws relating to state and federal minimum wage, fair employment, equal employment, job safety and health, unemployment compensation and worker’s compensation. In addition, the internal posting document entitled Pennsauken Employment Opportunities, which announces position vacancies, is posted on all official bulletin boards. Use of official District bulletin boards is restricted to official notices. Individuals or groups wishing to post notices on official bulletin boards must receive prior approval of the Department of Personnel. Employees may not post, deface, or remove notices, signs or writing on the bulletin boards or other District property at any time without specific authorization from District administration. 7.2 EMERGENCY CLOSINGS Occasionally, in the event of hazardous or severe weather conditions, a decision is made to temporarily close the District buildings. The decision is generally based on early morning weather conditions and/or forecasts and may affect both students and employees. The decision to close offices in the District is made by the District’s Superintendent after appropriate consultation and input. Emergency closing announcements are broadcast on numerous local television and radio stations and are posted on the District website. If there is inclement weather, please check the district’s website or Channel 19. These announcements will be made as expediently as possible so that employees know before the start of their work shift whether or not to report for work. The District closing number 558 and the Night School closing number is 2558. If it becomes necessary to close the District during the course of the workday, employees will be notified by phone and e-mail, and your supervisor will allow you to leave. School cancellations and school activities that are cancelled due to inclement weather will be posted on the District website. 7.3 PERSONAL CALLS Employees are discouraged from making or accepting personal calls during working hours. Such calls can be intrusive and distracting and diminish employee productivity. However, the District recognizes that there may be times when personal calls are necessary, not only in emergency situations, but also in situations involving pressing personal or family needs. When such calls are necessary, employees are expected to use good judgment and discretion, and if possible, make these calls during lunch or break periods. No personal long distance calls may be charged to the District. 7.4 PERSONAL DATA CHANGES The District makes every attempt to maintain an accurate and up-to-date employee database for internal and external record keeping and reporting requirements. Upon hire, new employee information is collected and input into the Personnel/Payroll Information System. It is very important that employees promptly notify the Department of Personnel of any change in name, address, telephone number, marital status, dependent status or other pertinent information so that the appropriate records can be updated accordingly. Change of information forms are available on the district website. 7.5 DISTRICT MANUAL (GENERAL DISCLAIMER) It is the intent of the Pennsauken Public Schools that all policies, procedures and information contained in this ―Manual for Employees‖ are accurate and up-to-date as of the distribution date. However, the District reserves the right to modify, clarify, or interpret these policies or procedures as it sees fit, at any time. The District will make a good faith effort to do so in a reasonable and equitable manner. These manual policies along with the Administrative Regulations supersede all previous practices and policies. APPENDIX A (Hiring Policies) POLICY GA ADOPTED 01/20/83 PENNSAUKEN TOWNSHIP PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY PERSONNEL POLICIES GOALS The personnel employed by the Board of Education of the Township of Pennsauken constitute the most important resource for effectively implementing a thorough and efficient education program. Important contributions to a successful educational program are made by all staff members. The district’s educational program will function best when highly qualified and dedicated personnel are employed, when well planned staff development programs are implemented, and when policies and working conditions conducive to high morale are established. The goals of the district’s personnel program are: To develop and implement strategies for recruitment, screening and selection which will result in employing the best available candidates, i.e. those with the highest capabilities, the strongest commitment to quality education and the greatest potential for implementing the district’s goals and objectives. To develop general deployment strategy for greatest contribution to the education program, and to utilize it as the primary basis for determining staff assignments. To ensure equivalence among schools with regard to all personnel, including administrators, teachers and ancillary personnel. To develop and maintain a climate in which optimism, staff performance, morale and satisfaction flourish. To provide positive programs of staff development designed to contribute both to improvement of the learning program and to enhance the abilities of staff members. To develop and utilize evaluation as a means of improving staff effectiveness and capabilities so that the educational program will be enhanced. POLICY GCC-E ADOPTED 02/18/88 AMENDED 06/16/88 AMENDED 06/25/92 AMENDED 04/25/96 AMENDED 07/30/98 AMENDED 08/21/03 PENNSAUKEN TOWNSHIP PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY EMPLOYMENT POLICY FOR DISTRICT ADMINISTRATORS The purpose of this policy is to improve the probability that only highly qualified, properly certificated administrators are appointed by the Board of Education. To this end, the Board of Education believes that administrative positions should be advertised, credentials and recommendations checked thoroughly and interviews conducted by a variety of people in order to evaluate the professional skills of the candidates as well their potential to work within the Pennsauken Public Schools. As per New Jersey Statute, it is the responsibility of the Superintendent of Schools to recommend the appointment of district administrators to the Board of Education. The Superintendent of Schools will take the following steps in preparation to making a recommendation to the Board of Education. Post and advertise the position as per district procedures. Review all applications of candidates who meet the minimum qualifications. Seek input from other district administrators in order to screen applications and select candidates for interviews. Develop questions to be used during interviews. These ―questions‖ may include simulations and writing samples. Appoint interview committees to include other district administrators and staff (when appropriate). Interview candidates and review (as appropriate) salary range as well as terms and conditions of employment. Check references and conduct site visits (if appropriate). Verify certification. Throughout the process, the Superintendent will consider input from the immediate supervisor of the administrator being selected. The Superintendent will submit the name(s) and application(s) of candidate(s) that he is able to recommend to the Board of Education. In general, there will be multiple ―finalist‖ candidates submitted to the Board of Education for consideration. POLICY GCC-E Page 2 The Board of Education may establish screening committees. The screening process provides a setting for finalists to be interviewed by the Board of Education and other stakeholders. It also provides another setting for the Superintendent to evaluate candidates. Committee members will provide input to the Superintendent as he prepares to make a recommendation. The Board of Education will ensure that the membership of the screening committees reflects the racial/ethnic composition of the student body. The Superintendent will be a member of these interview committees. Following discussion and input from the Board of Education and members of the screening committee, the Superintendent will recommend a single candidate for appointment to the policy-making body. The authority to appoint or reject candidates recommended by the Superintendent of Schools rests with the Board of Education. Should the Board of Education reject a recommended candidate, the Superintendent will make another recommendation. If a second recommendation is needed, the Superintendent may opt to recommend another finalist or advertise the position again. APPENDIX B – (Evaluation Legislation) CHAPTER 26 AN ACT concerning school employees, revising various parts of the statutory law, and supplementing chapters 6 and 28 of Title 18A of the New Jersey Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.18A:6-117 Short title. This act shall be known and may be cited as the ―Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act.‖ C.18A:6-118 Findings, declarations relative to the TEACHNJ Act. The Legislature finds and declares that: The goal of this legislation is to raise student achievement by improving instruction through the adoption of evaluations that provide specific feedback to educators, inform the provision of aligned professional development, and inform personnel decisions; The New Jersey Supreme Court has found that a multitude of factors play a vital role in the quality of a child’s education, including effectiveness in teaching methods and evaluations. Changing the current evaluation system to focus on improved student outcomes, including objective measures of student growth, is critical to improving teacher effectiveness, raising student achievement, and meeting the objectives of the federal "No Child Left Behind Act of 2001"; and Existing resources from federal, State, and local sources should be used in ways consistent with this law. C.18A:6-119 Definitions relative to the TEACHNJ Act. 3. As used in sections 12 through 17, 19 through 21, and 24 of P.L.2012, c.26 (C.18A:6- 117 et al.): ―Corrective action plan‖ means a written plan developed by a teaching staff member serving in a supervisory capacity in collaboration with the teaching staff member to address deficiencies as outlined in an evaluation. The corrective action plan shall include timelines for corrective action, responsibilities of the individual teaching staff member and the school district for implementing the plan, and specific support that the district shall provide. ―Evaluation‖ means a process based on the individual’s job description, professional standards and Statewide evaluation criteria that incorporates analysis of multiple measures of student progress and multiple data sources. Such evaluation shall include formal observations, as well as post conferences, conducted and prepared by an individual employed in the district in a supervisory role and capacity and possessing a school administrator certificate, principal certificate, or supervisor certificate. ―Individual professional development plan‖ means a written statement of goals developed by a teaching staff member serving in a supervisory capacity in collaboration with a teaching staff member, that: aligns with professional standards for teachers set forth in N.J.A.C.6A:9- 3.3 and the New Jersey Professional Development Standards; derives from the annual evaluation process; identifies professional goals that address specific individual, district or school needs, or both; and grounds professional development activities in objectives related to improving teaching, learning, and student achievement. The individual professional development plan shall include timelines for implementation, responsibilities of the employee and the school district for implementing the plan, and specific support and periodic feedback that the district shall provide. ―Ineffective‖ or ―partially effective‖ means the employee receives an annual summative evaluation rating of ―ineffective‖ or ―partially effective‖ based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner. ―Multiple objective measures of student learning‖ means the results of formal and informal assessments of students. Such measures may include a combination of, but are not limited to: teacher-set goals for student learning; student performance assessments, including portfolio projects, problem-solving protocols, and internships; teacher-developed assessments; standardized assessments; and district-established assessments. ―Professional standards‖ means the New Jersey Professional Standards for Teachers and the New Jersey Professional Standards for School Leaders recommended by the commissioner and adopted by the State Board of Education. ―Teaching staff member‖ means a member of the professional staff of any district or regional board of education, or any board of education of a county vocational school, holding office, position or employment of such character that the qualifications, for such office, position or employment, require him to hold a valid and effective standard, provisional or emergency certificate, appropriate to his office, position or employment, issued by the State Board of Examiners and includes a school nurse and a school athletic trainer. N.J.S.18A:6-9 is amended to read as follows: Controversies, disputes arising under school laws; jurisdiction. 18A:6-9. The commissioner shall have jurisdiction to hear and determine, without cost to the parties, all controversies and disputes arising under the school laws, excepting those governing higher education, or under the rules of the State board or of the commissioner. For the purposes of this Title, controversies and disputes concerning the conduct of school elections shall not be deemed to arise under the school laws. Notwithstanding the provisions of this section to the contrary, an arbitrator shall hear and make a final determination on a controversy and dispute arising under subarticle B of article 2 of chapter 6 of Title 18A of the New Jersey Statutes (C.18A:6-10 et seq.). N.J.S.18A:6-11 is amended to read as follows: Written charges, statement of evidence; filing; statement of position by employee; certification of determination; notice. 18A:6-11. Any charge made against any employee of a board of education under tenure during good behavior and efficiency shall be filed with the secretary of the board in writing, and a written statement of evidence under oath to support such charge shall be presented to the board. The board of education shall forthwith provide such employee with a copy of the charge, a copy of the statement of the evidence and an opportunity to submit a written statement of position and a written statement of evidence under oath with respect thereto. After consideration of the charge, statement of position and statements of evidence presented to it, the board shall determine by majority vote of its full membership whether there is probable cause to credit the evidence in support of the charge and whether such charge, if credited, is sufficient to warrant a dismissal or reduction of salary. The board of education shall forthwith notify the employee against whom the charge has been made of its determination, personally or by certified mail directed to his last known address. In the event the board finds that such probable cause exists and that the charge, if credited, is sufficient to warrant a dismissal or reduction of salary, then it shall forward such written charge to the commissioner for a hearing pursuant to N.J.S.18A:6-16, together with a certificate of such determination. The consideration and actions of the board as to any charge shall not take place at a public meeting. N.J.S.18A:6-13 is amended to read as follows: Dismissal of charge for failure of determination by board. 18A:6-13. If the board does not make such a determination within 45 days after receipt of the written charge, the charge shall be deemed to be dismissed and no further proceeding or action shall be taken thereon. N.J.S.18A:6-14 is amended to read as follows: Suspension upon certification of charge; compensation; reinstatement. 18A:6-14. Upon certification of any charge to the commissioner, the board may suspend the person against whom such charge is made, with or without pay, but, if the determination of the charge by the arbitrator is not made within 120 calendar days after certification of the charges, excluding all delays which are granted at the request of such person, then the full salary (except for said 120 days) of such person shall be paid beginning on the one hundred twenty-first day until such determination is made. Should the charge be dismissed at any stage of the process, the person shall be reinstated immediately with full pay from the first day of such suspension. Should the charge be dismissed at any stage of the process and the suspension be continued during an appeal therefrom, then the full pay or salary of such person shall continue until the determination of the appeal. However, the board of education shall deduct from said full pay or salary any sums received by such employee or officers by way of pay or salary from any substituted employment assumed during such period of suspension. Should the charge be sustained on the original hearing or an appeal therefrom, and should such person appeal from the same, then the suspension may be continued unless and until such determination is reversed, in which event he shall be reinstated immediately with full pay as of the time of such suspension. N.J.S.18A:6-16 is amended to read as follows: Proceedings before commissioner; written response; determination. 18A:6-16. Upon receipt of such a charge and certification, or of a charge lawfully made to the commissioner, the commissioner or the person appointed to act in the commissioner's behalf in the proceedings shall examine the charges and certification. The individual against whom the charges are certified shall have 15 days to submit a written response to the charges to the commissioner. Upon a showing of good cause, the commissioner may grant an extension of time. The commissioner shall render a determination on the sufficiency of charges as set forth below within 10 days immediately following the period provided for a written response to the charges. If, following receipt of the written response to the charges, the commissioner is of the opinion that they are not sufficient to warrant dismissal or reduction in salary of the person charged, he shall dismiss the same and notify said person accordingly. If, however, he shall determine that such charge is sufficient to warrant dismissal or reduction in salary of the person charged, he shall refer the case to an arbitrator pursuant to section 22 of P.L.2012, c.26 (C.18A:6-17.1) for further proceedings, except that when a motion for summary decision has been made prior to that time, the commissioner may retain the matter for purposes of deciding the motion. N.J.S.18A:28-5 is amended to read as follows: Requirements for tenure. 18A:28-5. a. The services of all teaching staff members employed prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the positions of teacher, principal, other than administrative principal, assistant principal, vice-principal, assistant superintendent, and all school nurses including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services, school athletic trainer and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect and school business administrators shared by two or more school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for: Three consecutive calendar years, or any shorter period which may be fixed by the employing board for such purpose; or Three consecutive academic years, together with employment at the beginning of the next succeeding academic year; or The equivalent of more than three academic years within a period of any four consecutive academic years. b. The services of all teaching staff members employed on or after the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) in the position of teacher, principal, other than administrative principal, assistant principal, vice-principal, assistant superintendent, and all school nurses, including school nurse supervisors, head school nurses, chief school nurses, school nurse coordinators, and any other nurse performing school nursing services, school athletic trainer and such other employees as are in positions which require them to hold appropriate certificates issued by the board of examiners, serving in any school district or under any board of education, excepting those who are not the holders of proper certificates in full force and effect, and school business administrators shared by two or more school districts, shall be under tenure during good behavior and efficiency and they shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after employment in such district or by such board for: Four consecutive calendar years; or Four consecutive academic years, together with employment at the beginning of the next succeeding academic year; or The equivalent of more than four academic years within a period of any five consecutive academic years. In order to achieve tenure pursuant to this subsection, a teacher shall also complete a district mentorship program during the initial year of employment and receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment after the initial year of employment in which the teacher completes the district mentorship program. In order to achieve tenure pursuant to this subsection, a principal, assistant principal, and vice-principal shall also receive a rating of effective or highly effective in two annual summative evaluations within the first three years of employment with the first effective rating being received on or after the completion of the second year of employment. For purposes of this subsection, ―effective‖ or ―highly effective‖ means the employee has received an annual summative evaluation rating of ―effective‖ or ―highly effective‖ based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner. c. For purposes of this chapter, tenure in any of the administrative or supervisory positions enumerated herein shall accrue only by employment in that administrative or supervisory position. Tenure so accrued shall not extend to any other administrative or supervisory position and nothing herein shall limit or restrict tenure rights which were or may be acquired pursuant to N.J.S.18A:28-6 in a position in which the individual actually served. 10. N.J.S.18A:28-6 is amended to read as follows: Tenure upon transfer or promotion. 18A:28-6. a. Any such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is transferred or promoted with his consent to another position covered by this chapter on or after July 1, 1962, shall not obtain tenure in the new position until after: (1) the expiration of a period of employment of two consecutive calendar years in the new position unless a shorter period is fixed by the employing board for such purpose; or (2) employment for two academic years in the new position together with employment in the new position at the beginning of the next succeeding academic year; or (3) employment in the new position within a period of any three consecutive academic years, for the equivalent of more than two academic years; provided that the period of employment in such new position shall be included in determining the tenure and seniority rights in the former position held by such teaching staff member, and in the event the employment in such new position is terminated before tenure is obtained therein, if he then has tenure in the district or under said board of education, such teaching staff member shall be returned to his former position at the salary which he would have received had the transfer or promotion not occurred together with any increase to which he would have been entitled during the period of such transfer or promotion. b. Any such teaching staff member under tenure or eligible to obtain tenure under this chapter, who is transferred or promoted with his consent to another position covered by this chapter on or after the effective date of P.L.2012, c.26 (C.18A:6-117 et al.), shall not obtain tenure in the new position until after: the expiration of a period of employment of two consecutive calendar years in the new position; or employment for two academic years in the new position together with employment in the new position at the beginning of the next succeeding academic year; or employment in the new position within a period of any three consecutive academic years, for the equivalent of more than two academic years; provided that the period of employment in such new position shall be included in determining the tenure and seniority rights in the former position held by such teaching staff member, and in the event the employment in such new position is terminated before tenure is obtained therein, if he then has tenure in the district or under said board of education, such teaching staff member shall be returned to his former position at the salary which he would have received had the transfer or promotion not occurred together with any increase to which he would have been entitled during the period of such transfer or promotion. In order to receive tenure pursuant to this subsection, a teacher, principal, assistant principal, and vice-principal shall be evaluated as effective or highly effective in two annual summative evaluations within the first three years of employment in the new position. For purposes of this subsection, ―effective‖ or ―highly effective‖ means the employee has received an annual summative evaluation rating of ―effective‖ or ―highly effective‖ based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner. C.18A:28-5.1 Tenure upon transfer to an underperforming school. A tenured teaching staff member who has been rated effective or highly effective on his most recent annual summative evaluation, and who accepts employment in the same position in an underperforming school shall be under tenure in that position in the new district during good behavior and efficiency and shall not be dismissed or reduced in compensation except for inefficiency, incapacity, or conduct unbecoming such a teaching staff member or other just cause and then only in the manner prescribed by subarticle B of article 2 of chapter 6 of this Title, after the employee receives a rating of effective or highly effective in at least one of the annual summative evaluations within the first two years of employment in the new school. For purposes of this subsection, ―effective‖ or ―highly effective‖ means the employee has received an annual summative evaluation rating of ―effective‖ or ―highly effective‖ based on the performance standards for his position established through the evaluation rubric adopted by the board of education and approved by the commissioner. As used in this section, ―underperforming school‖ means a school which has been identified by the Department of Education as a ―focus school‖ or a ―priority school‖ for any year within a two-year period. C.18A:6-120 School improvement panel. a. In order to ensure the effectiveness of its teachers, each school shall convene a school improvement panel. A panel shall include the principal, or his designee, an assistant or vice-principal, and a teacher. The principal’s designee shall be an individual employed in the district in a supervisory role and capacity who possesses a school administrator certificate, principal certificate, or supervisor certificate. The teacher shall be a person with a demonstrated record of success in the classroom who shall be selected in consultation with the majority representative. An individual teacher shall not serve more than three consecutive years on any one school improvement panel. In the event that an assistant or vice-principal is not available to serve on the panel, the principal shall appoint an additional member to the panel, who is employed in the district in a supervisory role and capacity and who possesses a school administrator certificate, principal certificate, or supervisor certificate. Nothing in this section shall prevent a district that has entered a shared services agreement for the functions of the school improvement panel from providing services under that shared services agreement. The panel shall oversee the mentoring of teachers and conduct evaluations of teachers, including an annual summative evaluation, provided that the teacher on the school improvement panel shall not be included in the evaluation process, except in those instances in which the majority representative has agreed to the contrary. The panel shall also identify professional development opportunities for all instructional staff members that are tailored to meet the unique needs of the students and staff of the school. The panel shall conduct a mid-year evaluation of any employee in the position of teacher who is evaluated as ineffective or partially effective in his most recent annual summative evaluation, provided that the teacher on the school improvement panel shall not be included in the mid-year evaluation process, except in those instances in which the majority representative has agreed to the contrary. Information related to the evaluation of a particular employee shall be maintained by the school district, shall be confidential, and shall not be accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented. C.18A:6-121 Evaluations of principal, assistant principal, vice-principal. 13. a. In order to ensure the effectiveness of the schools in the district, the superintendent of schools or his designee shall conduct evaluations of each principal employed by the school district, including an annual summative evaluation. The principal, in conjunction with the superintendent or his designee, shall conduct evaluations of each assistant principal and vice-principal employed in his school, including an annual summative evaluation. The superintendent or his designee and the principal, as appropriate, shall conduct a mid-year evaluation of any principal, assistant principal, or vice-principal who is evaluated as ineffective or partially effective in his most recent annual summative evaluation. Information related to the evaluation of a particular employee shall be maintained by the school district, shall be confidential, and shall not be accessible to the public pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.), as amended and supplemented. C.18A:6-127 Researched-based mentoring program. 14. a. A board of education shall implement a researched-based mentoring program that pairs effective, experienced teachers with first-year teachers to provide observation and feedback, opportunities for modeling, and confidential support and guidance in accordance with the Professional Standards for Teachers and the evaluation rubric. b. The mentoring program shall: enhance teacher knowledge of, and strategies related to, the core curriculum content standards in order to facilitate student achievement and growth; identify exemplary teaching skills and educational practices necessary to acquire and maintain excellence in teaching; and assist first-year teachers in the performance of their duties and adjustment to the challenges of teaching. To the greatest extent feasible, mentoring activities shall be developed in consultation with the school improvement panels established pursuant to section 12 of P.L.2012, c.26 (C.18A:6-120) in order to be responsive to the unique needs of different teachers in different instructional settings. C.18A:6-128 Ongoing professional development. 15. a. A board of education, principal, or superintendent shall provide its teaching staff members with ongoing professional development that supports student achievement and with an individual professional development plan. To the greatest extent feasible, professional development opportunities shall be developed in consultation with the school improvement panels established pursuant to section 12 of P.L.2012, c.26 (C.18A:6-120) in order to be responsive to the unique needs of different instructional staff members in different instructional settings. b. A board of education, principal, or superintendent shall provide additional professional development for any teaching staff member who fails or is struggling to meet the performance standards established by the board, as documented in the teaching staff member’s annual summative evaluation. The additional professional development shall be designed to correct the needs identified in the annual summative evaluation. A corrective action plan shall be developed by the teaching staff member and a teaching staff member serving in a supervisory capacity to address deficiencies outlined in the evaluation when the employee is rated ineffective or partially effective. The corrective action plan shall include timelines for corrective action and responsibilities of the teaching staff member and the school district for implementation of the plan. c. All funds budgeted by a school district for professional development shall be used primarily to provide the professional development required pursuant to the provisions of P.L.2012, c.26 (C.18A:6-117 et al.). C.18A:6-122 Annual submission of evaluation rubrics. 16. a. A school district shall annually submit to the Commissioner of Education, for review and approval, the evaluation rubrics that the district will use to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members. The board shall ensure that an approved rubric meets the minimum standards established by the State Board of Education. b. Notwithstanding the provisions of subsection a. of this section, a school district may choose to use the model evaluation rubric established by the commissioner pursuant to subsection f. of section 17 of P.L.2012, c.26 (C.18A:6-123) to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members. In the case in which the district fails to submit a rubric for review and approval, the model rubric shall be used by the district to assess the effectiveness of its teachers, principals, assistant principals, and vice-principals and all other teaching staff members. C.18A:6-123 Review, approval of evaluation rubrics. 17. a. The Commissioner of Education shall review and approve evaluation rubrics submitted by school districts pursuant to section 16 of P.L.2012, c.26 (C.18A:6-122). The board of education shall adopt a rubric approved by the commissioner. b. The State Board of Education shall promulgate regulations pursuant to the ―Administrative Procedure Act,‖ P.L.1968, c.410 (C.52:14B-1 et seq.), to set standards for the approval of evaluation rubrics for teachers, principals, assistant principals, and viceprincipals. The standards at a minimum shall include: four defined annual rating categories for teachers, principals, assistant principals, and vice-principals: ineffective, partially effective, effective, and highly effective; a provision requiring that the rubric be partially based on multiple objective measures of student learning that use student growth from one year’s measure to the next year’s measure; a provision that allows the district, in grades in which a standardized test is not required, to determine the methods for measuring student growth; a provision that multiple measures of practice and student learning be used in conjunction with professional standards of practice using a comprehensive evaluation process in rating effectiveness with specific measures and implementation processes. Standardized assessments shall be used as a measure of student progress but shall not be the predominant factor in the overall evaluation of a teacher; a provision that the rubric be based on the professional standards for that employee; (6) a provision ensuring that performance measures used in the rubric are linked to student achievement; a requirement that the employee receive multiple observations during the school year which shall be used in evaluating the employee; a provision that requires that at each observation of a teacher, either the principal, his designee who shall be an individual employed in the district in a supervisory role and capacity and who possesses a school administrator certificate, principal certificate, or supervisor certificate, the vice-principal, or the assistant principal shall be present; (9) an opportunity for the employee to improve his effectiveness from evaluation feedback; guidelines for school districts regarding training and the demonstration of competence on the evaluation system to support its implementation; a process for ongoing monitoring and calibration of the observations to ensure thatthe observation protocols are being implemented correctly and consistently; a performance framework, associated evaluation tools, and observation protocols, including training and observer calibration resources; a process for a school district to obtain the approval of the commissioner to utilize other evaluation tools; and a process for ensuring that the results of the evaluation help to inform instructional development. A board of education shall adopt a rubric approved by the commissioner by December 31, 2012. Beginning no later than January 31, 2013, a board of education shall implement a pilot program to test and refine the evaluation rubric. Beginning with the 2013-2014 school year, a board of education shall ensure implementation of the approved, adopted evaluation rubric for all educators in all elementary, middle, and high schools in the district. Results of evaluations shall be used to identify and provide professional development to teaching staff members. Results of evaluations shall be provided to the commissioner, as requested, on a regular basis. The commissioner shall establish a model evaluation rubric that may be utilized by a school district to assess the effectiveness of its teaching staff members. C.18A:6-17.5 Determination of certain tenure charge. Any tenure charge transmitted to the Office of Administrative Law pursuant to N.J.S.18A:6-16 prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.) shall be determined in accordance with the provisions of subarticle B of Article 2 of chapter 6 of Title 18A of the New Jersey Statutes, N.J.S.18A:6-10 et seq., as the same read prior to the effective date of P.L.2012, c.26 (C.18A:6-117 et al.). C.18A:6-125 Evaluation rubric not subject to collective negotiations. A school district’s evaluation rubric approved by the commissioner pursuant to section 16 of P.L.2012, c.25 (C.18A:6-122) shall not be subject to collective negotiations. C.18A:6-129 Funds provided. The Department of Education shall provide the funds necessary to effectuate the provisions of this act. C.18A:6-126 Conflicts with collective bargaining agreements. No collective bargaining agreement or other contract entered into by a school district after July 1, 2013 shall conflict with the educator evaluation system established pursuant to P.L.2012, c.26 (C.18A:6-117 et al.). A district with an existing collective bargaining agreement on July 1, 2013 which conflicts in whole or in part with the educator evaluation system established pursuant to that act, shall implement in accordance with that act those provisions not in conflict with the collective bargaining agreement. Notwithstanding the provisions of this act, aspects of evaluation not superseded by statute or regulation shall continue to be mandatory subjects of collective negotiations. C.18A:6-17.1 Panel of arbitrators. a. The Commissioner of Education shall maintain a panel of 25 permanent arbitrators to hear matters pursuant to N.J.S.18A:6-16. Of the 25 arbitrators, eight arbitrators shall be designated by the New Jersey Education Association, three arbitrators shall be designated by the American Federation of Teachers, nine arbitrators shall be designated by the New Jersey School Boards Association, and five arbitrators shall be designated by the New Jersey Principals and Supervisors Association. The commissioner shall inform the appropriate designating entity when a vacancy exists. If the appropriate entity does not designate an arbitrator within 30 days, the commissioner shall designate an arbitrator to fill that vacancy. All arbitrators designated pursuant to this section shall serve on the American Arbitration Association panel of labor arbitrators and shall be members of the National Academy of Arbitrators. The arbitrators shall have knowledge and experience in the school employment sector. Arbitrators on the permanent panel shall be assigned by the commissioner randomly to hear cases. b. The following provisions shall apply to a hearing conducted by an arbitrator pursuant to N.J.S.18A:6-16, except as otherwise provided pursuant to P.L.2012, c.26 (C.18A:6-117 et al.): The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case; The arbitrator shall receive no more than $1250 per day and no more than $7500 per case. The costs and expenses of the arbitrator shall be borne by the State of New Jersey; (3) Upon referral of the case for arbitration, the employing board of education shall provide all evidence including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employee or the employee’s representative. The employing board of education shall be precluded from presenting any additional evidence at the hearing, except for purposes of impeachment of witnesses. At least 10 days prior to the hearing, the employee shall provide all evidence upon which he will rely including, but not limited to, documents, electronic evidence, statements of witnesses, and a list of witnesses with a complete summary of their testimony, to the employing board of education or its representative. The employee shall be precluded from presenting any additional evidence at the hearing except for purposes of impeachment of witnesses. Discovery shall not include depositions, and interrogatories shall be limited to 25 without subparts. The arbitrator shall determine the case under the American Arbitration Association labor arbitration rules. In the event of a conflict between the American Arbitration Association labor arbitration rules and the procedures established pursuant to this section, the procedures established pursuant to this section shall govern. Notwithstanding the provisions of N.J.S.18A:6-25 or any other section of law to the contrary, the arbitrator shall render a written decision within 45 days of the start of the hearing. The arbitrator’s determination shall be final and binding and may not be appealable to the commissioner or the State Board of Education. The determination shall be subject to judicial review and enforcement as provided pursuant to N.J.S.2A:24-7 through N.J.S.2A:24- 10. Timelines set forth herein shall be strictly followed; the arbitrator or any involved party shall inform the commissioner of any timeline that is not adhered to. An arbitrator may not extend the timeline of holding a hearing beyond 45 days of the assignment of the arbitrator to the case without approval from the commissioner. An arbitrator may not extend the timeline for rendering a written decision within 45 days of the start of the hearing without approval from the commissioner. Extension requests shall occur before the 41 day of the respective timelines set forth herein. The commissioner shall approve or disapprove extension requests within five days of receipt. The commissioner may remove any arbitrator from an arbitration case or an arbitration panel if an arbitrator does not adhere to the timelines set forth herein without approval from the commissioner. If the commissioner removes an arbitrator from an arbitration case, the commissioner shall refer the case to a new arbitrator within five days. The newly-assigned arbitrator shall convene a new hearing and then render a written decision within 45 days of being referred the case. C.18A:6-17.2 Considerations for arbitrator in rendering decision. 23. a. In the event that the matter before the arbitrator pursuant to section 22 of this act is employee inefficiency pursuant to section 25 of this act, in rendering a decision the arbitrator shall only consider whether or not: the employee’s evaluation failed to adhere substantially to the evaluation process, including, but not limited to providing a corrective action plan; there is a mistake of fact in the evaluation; the charges would not have been brought but for considerations of political affiliation, nepotism, union activity, discrimination as prohibited by State or federal law, or other conduct prohibited by State or federal law; or (4) the district’s actions were arbitrary and capricious. In the event that the employee is able to demonstrate that any of the provisions of paragraphs (1) through (4) of subsection a. of this section are applicable, the arbitrator shall then determine if that fact materially affected the outcome of the evaluation. If the arbitrator determines that it did not materially affect the outcome of the evaluation, the arbitrator shall render a decision in favor of the board and the employee shall be dismissed. The evaluator’s determination as to the quality of an employee’s classroom performance shall not be subject to an arbitrator’s review. The board of education shall have the ultimate burden of demonstrating to the arbitrator that the statutory criteria for tenure charges have been met. The hearing shall be held before the arbitrator within 45 days of the assignment of the arbitrator to the case. The arbitrator shall render a written decision within 45 days of the start of the hearing. C.18A:6-124 Regulations. The State Board of Education shall promulgate regulations pursuant to the ―Administrative Procedure Act,‖ P.L.1968, c.410 (C.52:14B-1 et seq.), in accordance with an expeditious time frame, to set standards for the approval of evaluation rubrics for all teaching staff members, other than those included under the provisions of subsection b. of section 17 of P.L.2012, c.26 (C.18A:6-123). The standards at a minimum shall include: four defined annual rating categories: ineffective, partially effective, effective, and highly effective. C.18A:6-17.3 Evaluation process, determination of charges. a. Notwithstanding the provisions of N.J.S.18A:6-11 or any other section of law to the contrary, in the case of a teacher, principal, assistant principal, and vice-principal: the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency whenever the employee is rated ineffective or partially effective in an annual summative evaluation and the following year is rated ineffective in the annual summative evaluation; if the employee is rated partially effective in two consecutive annual summative evaluations or is rated ineffective in an annual summative evaluation and the following year is rated partially effective in the annual summative evaluation, the superintendent shall promptly file with the secretary of the board of education a charge of inefficiency, except that the superintendent upon a written finding of exceptional circumstances may defer the filing of tenure charges until after the next annual summative evaluation. If the employee is not rated effective or highly effective on this annual summative evaluation, the superintendent shall promptly file a charge of inefficiency. Within 30 days of the filing, the board of education shall forward a written charge to the commissioner, unless the board determines that the evaluation process has not been followed. Notwithstanding the provisions of N.J.S.18A:6-16 or any other section of law to the contrary, upon receipt of a charge pursuant to subsection a. of this section, the commissioner shall examine the charge. The individual against whom the charges are filed shall have 10 , CHAPTER 26 13 shall, within five days immediately following the period provided for a written response to the charges, refer the case to an arbitrator and appoint an arbitrator to hear the case, unless he determines that the evaluation process has not been followed. d. The only evaluations which may be used for purposes of this section are those evaluations conducted in accordance with a rubric adopted by the board and approved by the commissioner pursuant to P.L.2012, c.26 (C.18A:6-117 et al.). C.18A:6-17.4 Commissioner’s authority. The commissioner shall have the authority to extend the timelines in the tenure charge process upon a showing of exceptional circumstances. Repealer. The following section is repealed: Section 1 of P.L.1998, c.42 (C.52:14B-10.1). This act shall take effect in the 2012-2013 school year, except that section 17 of this act shall take effect immediately. The Department of Education shall take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act. Approved August 6, 2012. APPENDIX C- (Drug-Free Workplace Policy) POLICY JFCIA ADOPTED 09/27/90 PENNSAUKEN TOWNSHIP PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY DRUG FREE WORKPLACE The Board of Education recognizes alcohol and other drug dependency as an illness and a major health/behavior problem. The Board also recognizes alcohol/drug/steroid misuse/abuse as a potential health, safety, and security problem. Employees who make a conscientious effort to seek professional assistance for these problems will not jeopardize their jobs. The Board of Education is also concerned about the potential for adverse effects of alcohol or other drug use by employees on district programs and the students enrolled in those programs. Employees are expected and required to report to work on time and in an appropriate mental and physical condition for work. It is the intent of this policy to provide an alcohol/drug/steroid-free, healthy, safe and secure work environment. It is prohibited to use or have consumed any amount of mood-altering substances on school premises and/or while conducting school activities during working hours including co-curricular activities. Any possession, transfer or sale of such legal or illegal substances while working on or off school premises is also prohibited. For the purposes of this policy, ―premises‖ shall also include any school-owned vehicles or any other school-approved vehicles used to transport students to and from school or school-related activities. This includes all forms of alcohol, anabolic steroids, narcotics, depressants, stimulants, hallucinogens, and marijuana. Violation of this policy will result in disciplinary sanctions which may include, but are not limited to: a letter of reprimand placed in an employee’s personnel file, withholding of increment, suspension, termination, and possible referral for criminal prosecution. A disciplinary sanction may also include the completion of an appropriate rehabilitation program. As a condition of employment, employees must agree to abide by this policy and also agree to inform the school district of any criminal conviction for a violation of a drug statute for an incident that occurred on school premises or during a school activity no later than five days after that conviction. The school district will report this drug-related workplace conviction to the appropriate federal grantor within ten days of receiving notice of that conviction and take appropriate personnel action against that employee within thirty days of notice. The school district will make every effort to maintain an alcohol/drug/steroid-free workplace. Employees will be provided with a copy of this policy at time of employment and on an annual basis. APPENDIX D – (Harassment, Intimidation, and Bullying Policy) POLICY 5512.01 ADOPTED 09/25/03 AMENDED 02/26/04 AMENDED 03/26/09 AMENDED 08/25/11 PENNSAUKEN TOWNSHIP PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY HARASSMENT, INTIMIDATION, BULLYING The Pennsauken Board of Education prohibits acts of harassment, intimidation, or bullying. A safe and civil environment in school is necessary for students to learn and achieve high academic standards; harassment, intimidation or bullying, like other disruptive or violent behaviors, is conduct that disrupts both a student’s ability to learn and a school’s ability to educate its students in a safe environment; and since students learn by example, school administrators, faculty, staff, and volunteers should be commended for demonstrating appropriate behavior, treating others with civility and respect, and refusing to tolerate harassment, intimidation, or bullying. The Pennsauken Board of Education establishes that ―harassment, intimidation or bullying‖ means any gesture or written, verbal or physical act, or any use of electronic communication whether it be a single incident or a series of incidents, (N.J.S.A. 16: P.L. 2010 Chapter 122) that takes place on or off school grounds, or at any school sponsored function, on a school bus and that substantially disrupts or interferes with the orderly operation of the school or the rights of other students and that: : is motivated by any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability; or, by any other distinguishing characteristic; and a reasonable person should know, under the circumstances, that the act(s) will have the effect of physically or emotionally harming a student or damaging the student’s property, or placing a student in reasonable fear of harm to his person or damage to his property; or has the effect of insulting or demeaning any student or group or creates a hostile educational environment for the student by interfering with a student’s education or by severely or pervasively causing physical or emotional harm to the student. The Pennsauken Board of Education expects students to conduct themselves in keeping with their levels of development, maturity, and demonstrated capabilities with a proper regard for the rights and welfare of other students and school staff, the educational purpose underlying all school activities, and the care of school facilities and equipment, consistent with the code of student conduct. The Pennsauken Board of Education believes that standards for student behavior must be set cooperatively through interaction among the students, parents/guardians, staff, and community members, producing an atmosphere that encourages students to grow in self-discipline. The development of this atmosphere requires respect for self and others, as well as for district and community property on the part of students, staff, and community members. The Pennsauken Board of Education believes that the best discipline is self-imposed, and that it is the responsibility of staff to use instances of violations of the code of student conduct as opportunities for helping students learn to assume and accept responsibility for their behavior and the consequences of their behavior. Staff members who interact with students shall apply best practices designed to prevent discipline problems and encourage students’ abilities to grow in self-discipline. The Pennsauken Board of Education requires its school administrators to implement procedures that ensure both the appropriate consequences and remedial responses for students who commit one or more acts of harassment, intimidation or bullying, consistent with the code of student conduct, and the consequences and remedial responses for staff members who commit one or more acts of harassment, intimidation or bullying. The following factors, at a minimum, shall be given full consideration by school administrators in the implementation of appropriate consequences and remedial measures for each act of harassment, intimidation or bullying by students. Appropriate consequences and remedial actions are those that are graded according to the severity of the offenses; consider the developmental ages of the student offenders and students’ histories of inappropriate behaviors, per the code of student conduct. Factors for Determining Consequences Age, developmental and maturity levels of the parties involved; Degrees of harm; Surrounding circumstances; Nature and severity of the behaviors; Incidences of past or continuing patterns of behavior; Relationships between the parties involved; and Context in which the alleged incidents occurred. Factors for Determining Remedial Measures Personal Life skill deficiencies; Social relationships Strengths; Talents; Traits; Interests; Hobbies; Extracurricular activities; Classroom participation; and Academic performance. Environmental School culture; School climate; Student staff relationships and staff behavior toward the student; General staff management of classrooms or other educational environments; Staff ability to prevent and manage difficult or inflammatory situations; Social emotional and behavioral supports; Social relationships; Community activities; Neighborhood situation; and Family situation. Consequences and Remedial Measures Consequences and appropriate remedial actions for a student or staff member who commits one or more acts of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion of students, as set forth in the board of education’s approved code of student conduct, pursuant to N.J.A.C. 6A: 167.1.Consequences for a student who commits an act of harassment, intimidation or bullying shall be varied and graded according to the nature of the behavior, the developmental age of the student and the student’s history of problem behaviors and performance, and must be consistent with the district board of education’s approved code of student conduct and N.J.A.C. 6A:167, Student Conduct. Remedial measures shall be designed to correct the problem behavior; prevent another occurrence of the problem; protect and provide support for the victim of the act; and take corrective action for documented systemic problems related to harassment, intimidation or bullying. The consequences and remedial measures may include, but are not limited to, the following: Consequences Admonishment Temporary removal from the classroom; Deprivation of privileges; Classroom or administrative detention; Referral to disciplinarian; In school suspension during the school week or the weekend; After-school programs; Out of school suspension (short term or long term) (N.J.S.A. 18A:37-2) Legal action; and Expulsion. (N.J.S.A. 18A:37-2) Remedial Measures Personal Restitution and restoration; Mediation; Peer support group; Corrective instruction or other relevant learning or service experience; Supportive student interventions, including participation of the Intervention and Referral Services team, pursuant to N.J.A.C. 6A:168; Behavioral assessment or evaluation, including, but not limited to, a referral to the Child Study Team, as appropriate; Behavioral management plan, with benchmarks that are closely monitored; Assignment of leadership responsibilities (e.g., hallway or bus monitor); Involvement of school ―disciplinarian; Student counseling; Parent conferences; Student treatment; or Student therapy. Environmental (Classroom, School Building or School District) School and community surveys or other strategies for determining the conditions contributing to harassment, intimidation or bullying; School climate improvement; Adoption of research-based, systemic bullying prevention programs; School policy and procedures revisions; Modifications of schedules; Adjustments in hallway traffic; Modifications in student routes or patterns traveling to and from school; Supervision of student before and after school, including school transportation; Targeted use of monitors (e.g., hallway, cafeteria, locker room, playground, school perimeter, bus); Small or large group presentations for fully addressing the behaviors and the responses to the behaviors; General professional development programs for certificated and non-certificated staff; Professional development plans for involved staff; Disciplinary action for school staff who contributed to the problem; Supportive institutional interventions, including participation of the Intervention and Referral Services team, pursuant to N.J.A.C. 6A: 168; Parent conferences; Family counseling; Involvement of parent-teacher organizations; Involvement of community-based organizations; Development of a general bullying response plan; Peer support groups; Law enforcement. The Pennsauken Board of Education requires the principal to appoint a school Anti-Bullying Specialist at each school to be responsible for: Chairs the school safety team Receiving complaints alleging violations of this policy Leads the investigation of reported HIB incidents Acts as the primary school official responsible for preventing, identifying, and addressing incidents of HIB in the school Assists the principal in appropriately the range of ways for responding to HIB established by the school board Provides input to local school board on annual reevaluation, reassessment, and review of policy The Pennsauken Board of Education requires principals to appoint a School Safety Team at each school consisting of the principal and his/her appointees to be responsible for: Fostering and maintaining a positive school climate, including HIB issues Is comprised of a teacher in the school, student, parent of a student in the school and other members determined by the principal Meets at least 2 times per year Receives any HIB complaints reported to the principal* Receives copies of any HIB investigation reports* Identifies and addresses patterns of HIB in the school through recommendations to the principal* Reviews and makes recommendations to strengthen school climate and policies in order to prevent and address HIB Educates the community (i.e., students, teachers, administrators, parents) to prevent and address HIB Participates in trainings (Both required and requested) Collaborates with school and district personnel to collect HIB data to address and prevent HIB *NOTE: Parent team members may only participate in activities that do not compromise student confidentiality. All school employees as well as all other members of the school community, including students, parents, volunteers and visitors, are required to verbally report alleged violations of this policy to the principal or the principal’s designee on the same day witness or received reliable information regarding any such incident. While submission of the report form is not required, the reporting party is encouraged to use the report form available from the principal of each building or available at the school district’s central office, or the reporting party may use the district’s web-based reporting system. Oral reports also shall be considered official reports; however must be documented by the receiving party. Reports may be made anonymously, but formal action for violations of the code of student conduct may not be based solely on the basis of an anonymous report. All acts of HIB must be reported in writing to the principal within 2 school days of when the school employee or contracted service provider witnessed or received reliable information. Principal must inform parents of all students involved in the alleged incident ? May discuss the availability of counseling and other interventions A member of a board of education or a school employee who promptly reports an incident of harassment, intimidation or bullying, to the appropriate school official designated by the school district's policy, or to any school administrator or safe schools resource officer, and who makes this report in compliance with the procedures in the district's policy, is immune from a cause of action for damages arising from any failure to remedy the reported incident. The Pennsauken Board of Education requires the principal and/or the principal’s designee to be responsible for determining whether an alleged act constitutes a violation of this policy. In so doing, the principal and/or the principal’s designee shall conduct a prompt, thorough and complete investigation of each alleged incident to be: Initiated by the principal or designee within 1 school day of the verbal report Conducted by the anti-bullying specialist in consultation with the principal Principal may appoint additional personnel to assist with investigation Investigation shall be completed as soon as possible, but not later than 10 school days from date of written report If additional, anticipated information relevant to the investigation is not received within 10 school days, anti-bullying specialist may amend original report to reflect the information The Pennsauken Board of Education sets high expectations of its administrators and all employees: A school administrator who receives a report of HIB from a district employee, and fails to initiate or conduct an investigation, or who should have known of an incident of HIB and fails to take sufficient action to minimize or eliminate the HIB, may be subject to disciplinary action The Pennsauken Board of Education sets forth the following procedures for reporting the results of investigations: Results shall be reported to the superintendent within 2 days of completing the investigation Superintendent may decide to: Except the recommendations of the referring school principal Provide additional intervention services Establish training programs to reduce HIB and enhance school climate Impose additional discipline Order counseling Take or recommend other appropriate action Results reported to the board of education (BOE) no later than the date of the next board meeting following the completion of the investigation, along with information on action taken or recommended by superintendent Parents of the students who are parties to the investigation are entitled to receive information about the results of the investigation.In accordance with Federal and State law and regulation Including the nature of the investigation and whether evidence of HIB was found Whether discipline was imposed or services provided Provided in writing within 5 school days after results are reported to the BOE The Pennsauken Board of Education recognizes the rights of individuals involved in HIB incidents to have the right of appeal of any action resulting from a HIB investigation. A parent may request a hearing before the Principal>Superintendent> BOE Must be held within 10 school days of request BOE shall meet in executive session for the hearing BOE may hear from school principal and or the school anti-bullying specialist about the incident, recommendations for discipline or services, or programs instituted At the next BOE meeting following its receipt of the report the board shall issue a decision, in writing, to affirm, reject or modify the superintendent’s decision. The BOE’s decision may be appealed to the Commissioner of Education, no later than 90 days after the issuance of the board’s decision A parent, student, guardian, or organization may file a complaint with the Division on Civil Rights (DCR) within 180 days of the occurrence of any incident of HIB The Pennsauken Board of Education recognizes that some acts of harassment, intimidation or bullying may be isolated incidents requiring that the school officials respond appropriately to the individuals committing the acts. Other acts may be so serious or parts of a large pattern of harassment, intimidation or bullying that they require a response either at the classroom, school building or school district levels or by law enforcement officials. Consequences and appropriate remedial actions for a student who commits an act of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A: 371, Discipline of Pupils and as set forth in N.J.A.C. 6A: 167.2, Short-term suspensions, N.J.A.C. 6A: 167.3 Long-term Suspensions and N.J.A.C. 6A: 167.5, Expulsions. In considering whether a response beyond the individual is appropriate, the administrator should consider the nature and circumstances of the act, the level of harm, the nature of the behavior, past incidences, or past or continuing patterns of behavior, and the context in which the alleged incident(s) occurred. Institutional (i.e., classroom, school building, school district) responses can range from school and community surveys, to mailings, to focus groups, to adoption of research-based bullying prevention program models, to training for certificated and non-certificated staff, to participation of parents and other community members and organizations, to small or large group presentations for fully addressing the actions and the school’s response to the actions, in the context of the acceptable student behavior and the consequences of such actions and to involvement of law enforcement officers, including school resource officers. The Pennsauken School District prohibits reprisal or retaliation against any person who reports an act of harassment, intimidation, or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the administrator after consideration of the nature, severity and circumstances of the act, in accordance with case law, Federal and State statutes and regulations and district policies and procedures. The Pennsauken Board of Education prohibits any person from falsely accusing another as a means of harassment, intimidation or bullying. Students – The consequences and appropriate remedial action for a student found to have falsely accused another as a means of harassment, intimidation or bullying may range from positive behavioral interventions up to and including suspension or expulsion, as permitted under N.J.S.A. 18A: 371, Discipline of Pupils and as set forth in N.J.A.C. 6A: 167.2, Short-term suspensions, N.J.A.C. 6A: 167, Long-term Suspensions and N.J.A.C. 6A: 167.5, Expulsions. School Employees – Consequences and appropriate remedial action for a school employee found to have falsely accused another as a means of harassment, intimidation or bullying shall be disciplined in accordance with district policies, procedures and agreements. Visitors or Volunteers – Consequences and appropriate remedial action for a visitor or volunteer, found to have falsely accused another as a means of harassment, intimidation or bullying shall be determined by the school administrator after consideration of the nature, severity and circumstances of the act, including reports to appropriate law enforcement officials. The Pennsauken Board of Education requires school officials to annually disseminate the policy to all school staff, students and parents, along with a statement explaining that is applies to all applicable acts of harassment, intimidation and bullying that occur on school property, at school sponsored functions or on a school bus or off school grounds when such acts disrupt the school environment, culture and climate. The chief school administrator shall post the policy on the school district’s website as well as annually notify students and parents that the policy is available on the district’s website. In addition, the policy will be included in the student handbook, and provisions shall be made for informing parents/guardians whose primary language is other than English. The Pennsauken Board of Education ensures: Annual re-evaluation of HIB policy, making any necessary revisions & additions Input from anti-bullying specialists Transmit all subsequent policy revisions to ECS, within 30 school days On-going age appropriate HIB instruction through-out the school year Each school will participate in HIB prevention activities during the of ―Week of Respect‖ Provide school employees appropriate HIB prevention professional development The superintendent shall report to the school board all acts of violence, vandalism and HIB at two public hearings one between each of the following dates—9/1 and 1/1 and 1/1 and 6/30 The report shall include the following: that HIB the data be disaggregated by the enumerated classes, and adds HIB information: the status of all investigations the nature of the bullying (based on the enumerated categories) the names of the investigators any other non-disciplinary measures imposed training conducted or programs implemented, to reduce HIB Pennsauken Township Public Schools Pennsauken, New Jersey HARASSMENT, INTIMIDATION, BULLYING REPORT FORM COMPLAINT: ________________________________________________________ SCHOOL: _____________________________________________________________ HOME ADDRESS: _______________________________________________________ DATE (S) OF ALLEGED INCIDENT(S): _______________________________________ NAME OF PERSON(S) WHOM YOU ALLEGE COMMITTED AN INRACTION AGAINST YOU: __________________________________________________________________ DESCRIBE THE INCIDENT(S): ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ LIST ANY WITNESSES: __________________________________________________ __________________________________________________________________ SIGNATURE OF COMPLAINT: ___________________________________________ DATE OF SUBMISSION: ___________________________________________ SIGNATURE OF PRINCIPAL: ___________________________________________ DATE OF RECIEPT: ___________________________________________ APPENDIX E – (Child Abuse and Neglect) POLICY 5141.4 ADOPTED 06/19/80 AMENDED 11/30/89 AMENDED 08/26/10 PENNSAUKEN PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY CHILD ABUSE AND NEGLECT POLICY The Pennsauken Board of Education believes that the child’s physical and mental well-being must be maintained as a prerequisite to achievement through the formal educational process. The Board of Education therefore believes that it is important to identify and investigate suspected cases of a child missing, abused and/or neglected immediately. The school district shall cooperate with the New Jersey Division of Youth and Family Services (DYFS) in identifying and reporting all such suspected cases, whether institutional or non-institutional, in accordance with law. The chief school administrator/designee shall act as the liaison between the school district and DYFS. The liaison shall facilitate communication and cooperation between the district and DYFS and act as the primary contact between the schools and DYFS with regard to sharing information and the development of mutual training and other cooperative efforts. Abuse referrals are not screened through the liaison. In order to increase awareness and to become better informed in all aspects of abuse and neglect, school district employees, volunteers shall have training during designated inservice sessions utilizing the approved training materials developed by the N.J Departments of Education and Children and Families. All new employees shall receive the required information and training as part of their orientation. The chief school administrator/designee shall develop procedures for school district employees, interns or volunteers to follow when there is reason to believe that a child may be missing or may have been abused or neglected. All staff members, volunteers and interns shall understand their responsibility to report directly and immediately to DYFS all cases of a suspected missing, abused or neglected child and the penalties for failure to report. Institutional abuse, which is defined as abuse alleged to have taken place in the school or other institutional setting by paid school staff member or volunteer, must be reported on the same basis as noninstitutional abuse. The reporting person may inform the building principal prior to notifying DYFS if the action will not delay immediate notification. Notice to the principal need not be given when the reporting person believes that such action may likely endanger the reporter or the student involved or when the reporter believes that such disclosure would likely result in retaliation against the student or in discrimination against the reporter with respect to his or her employment. With reporting a suspected missing, abused or neglected child situation, confirmation by another person shall not be required. The chief school administrator/designee shall notify the Pennsauken Police Department of all reports made by school district employees, volunteers or interns to DYFS of all potential missing, abused or neglected children. The chief school administrator/designee shall cooperate with DYFS and law enforcement authorities in all investigations of potential missing, abused or neglected children including: Providing accommodations permitting DYFS and law enforcement investigators to interview the student in the presence of the school principal or designee, or any other volunteer or staff member with whom the child is comfortable. This designated person shall not participate in the interview. His or her presence is for the sole purpose of providing a level of comfort for the child. Scheduling interviews with any school district employee, volunteer or intern who may have information relevant to the investigation. The release of all records of the student who is the subject of the investigation which are deemed relevant and allowable under Family Education Rights and Privacy Act (FERPA). The maintenance, security, and release of all confidential information about potential child abuse and neglect cases. All information regarding allegations of a potentially missing, abused or neglected child reported to authorities about a school district employee, volunteer or intern shall be confidential and may be disclosed only as required in order to cooperate with an investigation or by court order. Records pertaining to such an investigation shall be maintained in a secure location separate from other employee personnel records and accessible only by the chief school administrator or his/her designee. The release of the student to the custody of DYFS while school is in session when it is necessary to protect the student. Such removal shall take place only after the principal or his or her designee has been provided with appropriate documentation that DYFS has the authority to remove the student from his or her home. The transfer of a student who has been removed from his or her home by DYFS for proper care and protection to another school. Due process rights will be provided to school personnel or volunteers who have been reassigned or suspended as a result of an accusation of child abuse or neglect. Temporary reassignment or suspension of a school employee, volunteer or intern shall occur only if there is reason to believe that the life or health of the alleged victim or other student is in imminent danger due to continued contact between the school employee, volunteer or intern and the child. All references to a report of child abuse or neglect against the school employee, volunteer or intern shall be removed from the personnel record immediately upon receipt of an official notice from DYFS that such allegations were unfounded. The Board of Education assures all school personnel and volunteers shall not be discharged from employment or discriminated against in any way as a result of making, in good faith, any reports of suspected child abuse or neglect. PROCEDURE FOR REPORTING SUSPECTED MISSING, ABUSED OR NEGLECTED CHILD These procedures provide direction for all employees, volunteers and interns of Pennsauken School District for reporting suspected cases of missing children, abused children or neglected children to the Division of Youth and Family Services (DYFS) and to cooperate with the investigation of such allegations. What is Child Abuse and Neglect? A child who is under the age of 18 is considered to be abused or neglected when a parent or caregiver: Inflicts or allows to be inflicted physical injury by other than accidental means that creates substantial harm or risk of substantial harm. Fails to provide proper supervision or adequate food, clothing, shelter, education or medical care although financially able or assisted to do so. Commits or allows to be committed an act of sexual abuse against a child. For reference, a description of physical and behavioral indicators can be found in. Reporting Any person having reasonable cause to believe that a child may be missing or has been subjected to child abuse or acts of child abuse or neglect shall report this suspicion directly and immediately to DYFS by telephone. The person reporting should have firsthand knowledge of the allegations. Call immediately when: You see signs of abuse or neglect A child tells you about the abuse or neglect You witness the abuse or neglect Prior to calling, if physical injuries are present or reported by the child to be present, the reporter may consult with the school nurse to provide prompt action in facilitating treatment options for a child injured by abuse or neglect. The nurse will document her assessment on the appropriate reporting forms .This consultation should not significantly delay the call to DYFS. The person reporting should be prepared to provide the following facts, if known WHO Identify the people involved – the child, date of birth, parent/guardian/caregiver, siblings, others in the home, addresses, the alleged perpetrator, the alleged perpetrator’s relationship to the child Identify the school district and the school the child attends, the grade enrolled in. Previous involvement with DYFS if known. WHAT What type of abuse/neglect is suspected? o Describe the incident as you know it. o What happened that caused you to be concerned? What is the child’s current condition? Describe any marks, bruises, etc on the student detailing color, size and location. WHERE – Where did the incident take place? o Where is the child now? Does the alleged perpetrator have access to the child? WHEN When did the incident occur? What is the frequency of abuse / neglect alleged? When did you learn about it? HOW How urgent is the need for intervention? Is there a likelihood of danger for the caseworker? Call early in the day, if known, so the investigator has time to plan the response and may be able to see the child during the school day. Ask the DYFS intake worker if a caseworker will be coming out to the school that day or should you release the child to their home at the end of the school day. The staff member, volunteer or intern may remain anonymous on behalf of the Pennsauken School District. Always note the name of the intake person to whom you made the report at DYFS, note the date and the time you called. The reporter should utilize the reporting form found in. This report is for your reference as the reporter of the allegation. If DYFS requests any report and you feel comfortable providing it, you may do so. After the call is made, If not informed prior to reporting, the reporter must inform the building principal, unless he/she believes that doing so may endanger the welfare or cause retaliation or discrimination against the child or himself/herself. The building principal shall notify the chief school administrator or designee who shall notify the Pennsauken Police Department. If appropriate, the school counselor should be notified to provide emotional support to the student. The DYFS representative and/or the Pennsauken Police Department will establish ALL contact with the parent/guardian/caregiver. Neither DYFS representatives nor members of the police department may divulge the source of the referral. The reporter or any school official is not to notify the parent/guardian/caregiver that a report to DYFS has been made for alleged abuse or neglect. Investigation Process The DYFS caseworker must present proper photo identification issued by DYFS and an official DYFS business card stating their name and phone number to the school secretary upon arrival in the school building. This ID includes name of the caseworker, date of birth, caseworker’s photo, a seal, an expiration date and the caseworker’s signature. A copy of this ID may NOT be made. The business card is kept by the school principal / designee. If the caseworker calls in advance that he/she is coming to interview a child, the secretary will notify the principal. The principal will confidentially notify the teacher that a DYFS representative will interview the child. The principal must be notified of the arrival of the DYFS caseworker. If the principal is off campus when the caseworker arrives, the principal must report back to the building. The DYFS worker may choose to interview the teacher. The principal will provide class coverage and will be present during the interview if deemed necessary. When interviewing the child, the principal or designee will be present to provide comfort and support for the child. The principal or designee will not participate either verbally or non-verbally in the interview. If the child is uncomfortable with the presence of the principal or designee, the child may name a staff member that he/she prefers. During the interview, the school representative should be positioned behind the student. NOTE: If the DYFS caseworker does not want a school official in the room, it is their right to ask the school official to leave during the interview. If requested, the DYFS caseworker may ask the school nurse to assess the child for any injuries related to the allegation, such as wounds, bruises, etc. The assessment will be done in the privacy of the nurse’s office with the DYFS caseworker present. The nurse should make arrangements so that no other students are in the office or able to enter the nurse’s office at the time of the assessment to insure complete privacy. The school principal/designee will cooperate with the DYFS investigator in providing all student records requested. The DYFS investigator must secure a signed request in writing on official letterhead of all necessary documents. No school official may release documentation without the signed request from DYFS. Faxed requests are acceptable. If it is necessary for DYFS to remove the child from the home and that removal takes place during the school day, the principal must be present to facilitate as smooth a transfer as possible. After an investigation, the school district should receive a referring letter stating whether the allegations were founded or unfounded. This letter will come directly from the child’s DYFS caseworker. Consequences for not reporting suspected abuse or neglect Knowingly failing to report suspected abuse or neglect can have devastating consequences on a child and legal consequences on you. Any person knowingly failing to report an act of suspected child abuse or neglect having reasonable cause to believe an act of child abuse or neglect has been committed is a disorderly person under the law. If charged with this, the person is subject to a fine up to $1,000.00 or up to 6 months in prison or both. Reporting your suspicions to the counselor, nurse or principal is not reporting suspected abuse or neglect. You must report directly and immediately to DYFS if you have received knowledge of potential abuse or neglect. Confidentiality All referrals and information discussed before, during and after interviews/investigations is confidential. School employees, volunteers and interns are to refrain from discussing any aspects of a suspected child abuse or neglect case incidentally with other school employees, volunteers and interns. Sources: N.J.S.A. 9:6-1 et seq. Abuse, abandonment ,cruelty and neglect of child; what constitutes N.J.S.A. 9:6-8.10 Report of Abuse N.J.S.A. 9:6-8.10a Records of child abuse reports; confidentiality; disclosure N.J.S.A. 9:6-8.13 Immunity N.J.S.A. 9.6-8.14 Violations including failure to report; disorderly person N.J.S.A. 18A:36-19 Pupil Record; creation; maintenance and retention, security and access; regulations; non-liability N.J.A.C. 6A:16-11.1 Programs to Support Student Development Subchapter 11. Reporting Potentially Missing or Abused Children APPENDIX F – (Sexual Harassment of Employees and Students Policy) Policy JBA ADOPTED: 06/16/88 AMENDED: 04/27/00 AMENDED: 02/26/04 Pennsauken Township Public Schools Pennsauken, New Jersey Sexual Harassment of Employees and Students SEXUAL HARASSMENT OF EMPLOYEES AND STUDENTS IS A VIOLATION OF THE NEW JERSEY CIVIL SERVICE COMMISSION'S PERSONNEL POLICIES, FEDERAL LAWS AND STATE LAW. THE PENNSAUKEN BOARD OF EDUCATION RECOGNIZES THE RIGHT OF ITS EMPLOYEES AND STUDENTS TO WORK AND STUDY IN AN ENVIRONMENT, WHICH IS FREE FROM SEXUAL HARASSMENT. IT IS THEREFORE THE INTENT OF THE PENNSAUKEN TOWNSHIP BOARD OF EDUCATION TO MAINTAIN AN EDUCATIONAL AND WORKING ENVIRONMENT THAT IS NOT HOSTILE AND IS FREE OF SEXUAL HARASSMENT OF ALL TYPES. COMPLAINTS OF SUCH HARASSMENT WILL BE FULLY INVESTIGATED IN ACCORDANCE WITH B.O.E. POLICY JB/GBM: ―GRIEVANCE AND COMPLAINT PROCEDURE FOR AFFIRMATIVE ACTION, CLASSROOM, AND EMPLOYMENT AND APPLICABLE LAW. ANY AND ALL APPROPRIATE ACTIONS AND REMEDIES WILL BE CONSIDERED AND TAKEN WHEN PERCEIVED TO BE NECESSARY TO ADDRESS PROBLEMS IN THIS AREA. SEXUAL HARASSMENT IS DEFINED AS: THOSE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, AND OTHER INAPPROPRIATE VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE, WHEN MADE BY ANY MEMBER OF THE SCHOOL STAFF TO ANOTHER STAFF MEMBER, BY ANY STUDENT TO ANOTHER STUDENT, BY ANY STUDENT TO A STAFF MEMBER, OR BY ANY STAFF MEMBER TO A STUDENT. Harassment on the basis of sex is a violation of law. Unwelcome sexual advances and other forms of inappropriate conduct as outlined below constitute sexual harassment when any of the following are true: SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A CONDITION OF ONE'S EMPLOYMENT SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS A BASIS OF EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORK ENVIRONMENT. WHENEVER SUCH ACTIONS ARE UNWELCOME. Policy JBA PAGE 2 SEXUAL HARASSMENT MAY INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: VERBAL HARASSMENT OR ABUSE, UNINVITED SEXUAL TEASING, INAPPROPRIATE JOKES, ETC. PRESSURE FOR SEXUAL ACTIVITY OR FAVORS REPEATED REMARKS WITH SEXUAL OR DEMEANING IMPLICATIONS UNWELCOME TOUCHING, LEANING OVER, CORNERING, OR PINCHING SUGGESTING OR DEMANDING SEXUAL FAVORS ACCOMPANIED BY IMPLIED OR EXPLICIT THREATS CONCERNING ONE'S JOB, GRADES, ETC. REPETITIVE, UNINVITED, UNWELCOME SEXUALLY SUGGESTIVE LOOKS OR GESTURES REPETITIVE, UNWELCOME, UNINVITED LETTERS, TELEPHONE CALLS, OR E-MAILS OF A SEXUAL NATURE. The victims of sexual harassment may be male or female, staff or student. Sexual harassment may occur between opposite sex or same sex staff and staff, staff and student, student and staff, and between student and student. The purpose of this policy is to clearly define the meaning of sexual harassment. Employees and/or students who feel that they have been subjected to harassment as defined in this policy should utilize district internal Grievance Policy JB/GBM. THIS POLICY WILL BE POSTED IN ALL BUILDINGS OPERATED BY THE PENNSAUKEN BOARD OF EDUCATION. APPENDIX G – (Affirmative Action Policy) POLICY GBA ADOPTED: 12/16/76 AMENDED: 03/19/81 AMENDED: 06/20/93 AMENDED: 02/22/96 AMENDED: 04/27/00 AMENDED: 02/26/04 PENNSAUKEN TOWNSHIP PUBLIC SCHOOLS PENNSAUKEN, NEW JERSEY AFFIRMATIVE ACTION PROGRAM EQUAL EMPLOYMENT /CONTRACT PRACTICES POLICY The Pennsauken Township Board of Education does hereby reaffirm its policy to insure equal employment opportunity for all persons and to prohibit discrimination in employment because of race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability, handicap*, ancestry or marital status, and to have equal access to all categories of employment in the public education system of the Pennsauken Township School District, and that an Affirmative Action program shall be an integral part of every aspect of employment, not limited to but, including upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation, including fringe benefits; employment selection for training, promotion, or tenure. An Affirmative Action Committee, recommended by the Superintendent and approved by the Board of Education, will assist the Affirmative Action Officer in the implementation of the Affirmative Action Program. The Affirmative Action Committee shall be composed of the following: District Affirmative Action Officer Affirmative Action Officer for Employment Practices Affirmative Action Officer for School/Classroom Practices Affirmative Action Officer for Bid Contract Awards Affirmative Action Officer for Section #504/ADA Program Desegregated Building Affirmative Action Officers School Desegregation Coordinator *Nondiscriminatory employment as it applies to handicapped persons, who, with ―reasonable accommodation: can perform the essential functions of the jobs in question. P.L. 93-112, section 504 and Americans with Disabilities Act of 1990 (ADA). POLICY GBA Page 2 IMPLEMENTATION PLANS The Pennsauken Township Board of Education recognizes that effective application of an affirmative action program requires a plan of implementation. This plan encompasses all required elements considered as criteria for compliance under N.J.S.A. 18A: 36-20, including: A survey of present school employment and personnel practices relating to equal employment opportunities for all present and prospective employees, as outlined in the policy statement above. Provide in-service training for school personnel and new Board of Education members on a continuing basis to solve any identified problems of racial, secular, religious, cultural bias, or handicapped regarding employment practices, as required under N.J.A.C. Chapter 6:4-1.3 (d), and P.L. 93-112. Develop guidelines and procedures to review and evaluate present and proposed employment practices to eliminate bias based on race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability, handicap, ancestry, or marital status in accordance with N.J.A.C. 6:4-1.3 (e) and P.L. 93-112. To make available all program plans for review by any and all interested parties, in accordance with N.J.A.C. 6:4-1.3 (3). Adopt employment practices, as outlined in N.J.A.C. 6:4-1.6, including the following regulations: All persons regardless of race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability, handicap, ancestry or marital status shall have equal access to all categories of employment for which they are qualified in the Pennsauken Township Public Schools. All Pennsauken Public Schools shall comply with all New Jersey State and Federal Laws related to equal employment, including, but not limited to, the New Jersey Law Against Discrimination (N.J.S.A. 10-5-1 et seq.), Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972, Executive Order 11246 as amended. Equal Pay Act of 1963 as amended by the Education Amendments 1972 (Higher Education Act), and Title IX of the Education Amendments 1972 (Higher Education Act) and N.J.A.C. 6:4-et seq., and the Americans With Disabilities Act of 1990 (ADA). POLICY GBA Page 3 The school shall not enter into any contract with any person, agency, or organization if it has knowledge that such person, agency or organization discriminates on the basis of race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability, handicap, ancestry or marital status either in employment practices, or in provision of benefits or services to students or employees. The adopted employment/contract practices shall be disseminated both within the district and outside the district, as follows: a. Internal Discuss this policy with all employees. Publicize in school district’s media including internal newspaper, bulletin boards, reports, faculty bulletins, and other relevant sources. Meet with all employee group officials to inform them of the policy and seek their cooperation. Conduct special meetings with administrative and management personnel responsible for employment, interviews, and recommendations. Hold Affirmative Action Employment Committee meetings to discuss program and individual responsibilities on a regular basis for a continuous view, monitoring and update of the Affirmative Action program. Revise, where applicable, all employee handbooks and other literature to include the Affirmative Action policy and to monitor continual updating of this information. b) External Notify the general public regarding the Pennsauken Township Public Schools Affirmative Action Program on Employment/Contract Practices by contacting all appropriate media. Policy GBA Page 4 Incorporate the statement ―Equal Opportunity Employer‖ in all advertising for recruitment. Make known that referral of all jobs at all levels are to be on a nondiscriminatory basis. Send written notification of the Affirmative Action policy to contractors, subcontractors, vendors, suppliers and others, making it known that the Pennsauken Township School District will not enter into a contract with a person, agency, or organization which the school district authorities know discriminate on the basis of race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socioeconomic status, disability, handicap, ancestry or marital status in employment practices. Notify public and private employment agencies and other professional organizations and publications of the adopted Affirmative Action Policy in order to publicize the Affirmative Action Policy and to recruit as an ―Equal Opportunity Employer‖. AFFIRMATIVE ACTION OFFICER The Pennsauken Township Board of Education hereby designates the Director of Personnel/Monitoring as District Affirmative Action Officer and Chairperson of the Affirmative Action Committee whose duty it shall be to implement and report to the Board on the district’s efforts to comply with these regulations. EMPLOYMENT/CONTRACT PROCEDURES AND GUIDELINES The Board shall require the Affirmative Action Officer to develop and implement procedures to ensure that the district provides equal and bias-free access to all categories of employment as follows: Utilize equitable practices that prevent imbalance and isolation based on race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability, handicap, ancestry or marital status among the district’s certificated and non-certificated staff, and within every category of employment, including administration. Policy GBA Page 5 Target under-utilized groups, so that the district’s employment of females and minorities in every category of employment equals or exceeds their representation within the county workforce. Ensure that the district’s employment applications and pre-employment inquiries conform to the guidelines of the New Jersey Division on Civil Rights. Monitor promotions and transfers to ensure non-discrimination. Provide among the faculty of each school role models of diverse race and cultural backgrounds. Ensure equal pay for equal work among members of the district’s staff, regardless of race, national origin, affectional or sexual orientation, creed, color, age, gender, religion, English proficiency, socio-economic status, disability handicap, ancestry or marital status. The Superintendent, in his/her role as the Desegregation/Chief Equity Officer, in providing oversight of the actions of the District Director of Personnel/Monitoring shall: oversee the development, implementation and evaluation of the district’s desegregation/integration plan. oversee completion and submission of the district’s Comprehensive Equity Plan (CEP) and Annual Report of Progress in School Desegregation, along with Corrective Action Plans, as/if required. assess annually progress in the attainment of desegregation objectives and other major activities and take whatever steps are necessary to correct any discrepancies/imbalances that may occur. APPENDIX H – Tax Sheltered Annuity Providers PENNSAUKEN PUBLIC SCHOOLS ADMINISTRIVE OFFICE PAYROLL 1695 HYLTON ROAD PENNSAUKEN, NJ 08110 ED BLACK, ED NIETO PHONE: 856-6628505 FAX: 856-488-4392 A 403(b) plan is a tax-deferred retirement plan for some non-profit organizations and public schools. Contributions can grow tax-deferred until time of withdrawal at which tome the money is taxed as ordinary income. It allows you to set aside pre-tax dollars out of your paycheck to save for retirement A list of Board of Education approved 403(b) providers can be obtained from the Payroll Department. Please contact the provider representative for additional information. APPENDIX I – Leave of Absence Forms APPENDIX J – (Acceptable Use Policy) Acceptable Computer Use Policy GENERAL INFORMATION Pennsauken Public Schools provide access to computer equipment, computer services, and the Internet to its students and staff for educational purposes. These technology resources are intended to enhance learning, teaching, research, and collaborative projects through the ability to access vast amounts of information on a global scale. Through the school district's computer facilities students and staff will have access to hundreds of databases, libraries, and information sources from all over the world. ON-LINE CONTENT Because Pennsauken Public School provides, through connection to the Internet, access to other computer systems around the world, students and their parents understand that the school district and system administrators have no control over content. While most of the content available on the Internet is harmless and much of it is a valuable educational resource, some objectionable material exists. The school district will provide student access to Internet resources only in supervised environments and has taken steps to lock out objectionable areas, but potential dangers remain. Students and their parents/guardians are advised that some systems may contain defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or otherwise illegal material. Pennsauken Public Schools and the system administrators do not condone the use of such materials and do not permit usage of such materials in the school environment. Parents of minors having accounts on the system should be aware of the existence of such materials and monitor any future home usage of the school district's resources. Students knowingly bringing such materials into the school environment will be dealt with according to the discipline policies of the school district and such activities may result in termination of such students' accounts on the network. Users and their parents/guardians specifically agree to indemnify Pennsauken Public Schools and the system administrators for any losses, costs, or damages, including reasonable attorneys' fees incurred by the school district relating to on-line content and any violation of this policy. With this vast educational opportunity comes responsibility. All users of the school district's computer facilities and networks must adhere to strict guidelines and rules. The school district has the right to modify these rules at any time. . The "system administrators" referred to herein are staff designated by Pennsauken Public Schools. They are the administrators of the computer facilities and networks and, as such, reserve the right to monitor all activities on network and computer facilities. INAPPROPRIATE USE The user agrees not to: Vandalize the data of another user. Waste computer resources. Gain unauthorized access to computer resources. Use an account owned by another user without the permission of both the user and the system administrator. Post anonymous messages. Send "chain letters" or "broadcasts". Create or upload computer viruses. Use the network to lobby votes. Publish on or over the system any information which violates or infringes upon the rights of any other person. Publish, E-mail, or transmit any information containing defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, otherwise illegal material, or inconsistent with the school's code of conduct. Use the facilities and capabilities of the system to conduct any business or solicit the performance of any activity which is prohibited by law. GUIDELINES Network resources are to be used by the user for educational use only; commercial use is strictly prohibited. Software is provided to students as a curricular resource. No user may install, upload, or download software without the expressed consent of the system administrator. Any software having the purpose of damaging other members' accounts or the school district's network (e.g., computer viruses) is specifically prohibited. The system administrators, at their sole discretion, reserve the right to refuse posting of files and to remove files. Copyrighted material must not be placed on any system connected to the network without the author's permission. The system administrators, at their sole discretion, reserve the right to immediately terminate the account of a member who misuses real-time conference features (talk/chat/Internet relay chat). Electronic mail ("E-mail") is an electronic message sent by or to a member in correspondence with another person having mail access. E-mail is to be used only for educational purposes. Members are expected to remove old messages in a timely fashion and the system administrators may remove such messages if not attended to regularly by the member. The system administrators will not intentionally inspect or disclose the contents of mail sent by one member to an identified addressee, unless required to do so by law or to investigate violations of policies of the Pennsauken Public Schools. The system administrators reserve the right to set quotas for disk usage on the system. A member who exceeds his quota will be advised to delete files to return to compliance. A member who remains in non-compliance of disk space quotas after seven (7) days of notification will have their files removed by a system administrator. Security on any computer system is a high priority, especially when the system involves many users. If a member feels that he can identify a security problem on the system, the member must notify a system administrator. The member should not demonstrate the problem to any others. Professional staff may allow students who are not members to access the system through the staff person's account as long as the staff person does not disclose the password of the account to the students and understands that the staff person assumes responsibility for the actions of students using his/her account. Members may not otherwise let others use their account and password. Passwords to the system should not be easily guessable by others, nor should they be words which could be found in a dictionary. Attempts to log in to the system using either another member's account or as a system administrator will result in termination of the account. Members should immediately notify a system administrator if a password is lost or stolen, or if they have reason to believe that someone has obtained unauthorized access to their account. Any member identified as a security risk will have his account terminated and be subject to other disciplinary action. Vandalism will result in cancellation of system privileges and other disciplinary measures in compliance with the school district's discipline code. Vandalism is defined as any malicious attempt to harm or destroy data, software, and hardware. This includes but is not limited to the intentional damage of the data of another user or any other networks that are connected to the Internet backbone. Game playing is permitted on the Pennsauken Public Schools system only when terminals are not needed for other purposes and the game conforms to the curricular goals of the Pennsauken Public Schools. Game playing over dial-up links or other inter-machine communication is prohibited. The printing facilities of the Pennsauken Public Schools network should be used appropriately. Unnecessary printing is a drain of the capacity of the networks, adds expense and shortens the life of equipment. By developing on-screen proofreading skills and practicing proper use of cut and paste techniques, users can and should conserve printing resources and help the system run more efficiently. CONSEQUENCES Violations of this policy may include any combination of the following consequences, depending on the severity of the violation: Warning Loss of credit for the assignment Loss of credit for the unit Loss of privileges to use the Internet Loss of computer privileges in the Pennsauken School District Referral to administration for discipline 7. Referral to law enforcement authorities PENNSAUKEN PUBLIC SCHOOL DISTRICT ACKNOWLEDGEMENT OF RECEIPT OPERATION MANUAL 2013-14 FOR EMPLOYEES Employee Name______________________________________________________________________ Location/School______________________________________________________________________ Department__________________________________________________________________________ I have received a copy of the Pennsauken Public Schools Manual for Employees. I agree to review it thoroughly and to familiarize myself with its contents, in particular the General Rules of Conduct. I understand that the District reserves the right to modify and update the contents of this manual. I also understand that this manual is no way implies or guarantees a contract of employment. Signed______________________________________________________________________________ Date________________________________________________________________________________ Please return this signed and dated Acknowledgement of Receipt to: Pennsauken Public Schools Department of Personnel 1695 Hylton Road Pennsauken, NJ 08110. ................
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