9000 Personnel and Negotiations

9000 PERSONNEL POLICY GOALS

The Board’s personnel goals are:
1. To recruit, select and employ the best qualified personnel to staff the school system;
2. To provide staff compensation and benefit programs sufficient to attract and retain qualified employees;
3. To provide an in-service training program for all employees;
4. To have in place an employee evaluation program that will contribute to the continuous improvement of staff performance;
5. To assign personnel so as to ensure they are utilized as effectively as possible

Adopted July 10, 1989

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9015 EMPLOYEE INDEMNIFICATION

The school district, upon the recommendation of the Superintendent of Schools, shall provide for the defense and indemnification of all past and present employees in any civil action or proceeding, state or federal, arising out of any alleged act or omission which occurs within the scope of his/her official duties and shall be held liable for the cost incurred thereby, all subject to the definitions, limitations, qualifications, terms, conditions of intent of section 18 of the Public Officers Law. The benefits of section 18 of the Public Officers Law provided to the above-identified employees acting within the scope of their employment shall supplement and be available in addition to defense and indemnification conferred by another enactment in existence of the effective date of this policy.

Adopted August 8, 1988
Revised January 9, 1995

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9030 OATH

An oath or affirmation as required by law shall be taken by all personnel at the date of first employment (New York State Education Law, Section 3002 and New York State Civil Service Law, Section 62).

Adopted September 22, 1975
Revised July 10, 1989

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9050 NON-DISCRIMINATION AND ANTI-HARASSMENT OF EMPLOYEES IN THE SCHOOL DISTRICT

Section 1: Purpose

A.  The Board of Education affirms its commitment to nondiscrimination and recognizes its responsibility to provide an environment that is free of discrimination, harassment and intimidation as required by federal and state law. Discrimination and harassment are a violation of law and stand in direct opposition to District policy. Therefore, the Board of Education does not discriminate in its employment and admission to programs and activities as applicable, on the basis of actual or perceived race, color, creed, gender, gender identity or transgender status, sex, sexual orientation, national origin, religion, age, economic status, marital status, veterans’ status, political affiliation, domestic victim status, use of a guide dog, hearing dog or service dog, disability or other classifications protected under federal or state law, or deny the access required under the Boy Scouts of America Equal Access Act.

B. The Board of Education also prohibits discrimination and/or harassment based on an individual’s opposition to discrimination or participation in a related investigation or complaint proceeding under District policy or relevant anti-discrimination laws.  This policy of non-discrimination and anti-harassment will be enforced on District premises and in school buildings, and at all school-sponsored events, programs and activities, including those that take place at locations off school premises or in another state.

C.       It is intended that this policy apply to the dealings between or among employees with other employees, employees with students, employees with vendors, contractors, volunteers, visitors, guests and other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.

D.       This policy shall also constitute the Grievance Procedure required by Title IX of the Education Amendments of 1972 for complaints of sex discrimination, including harassment, within educational institutions receiving federal financial assistance.

Section 2: Prohibited Conduct

The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.

Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to refusing to promote or hire an individual on the basis of his/her membership in a protected class, denying an individual access to facilities or other benefits on the basis of his/her membership in a protected class, or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

Harassment generally consists of subjecting an individual, on the basis of his/her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of creating an intimidating, hostile, or offensive environment, substantially or unreasonably interfering with an individual’s work performance, opportunities, benefits, or well-being, or otherwise adversely affecting an individual’s employment opportunities.

Harassment can include unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his/her membership in a protected class. Such conduct includes, but is not limited to derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.

A.   Sexual Harassment in the District. Harassment on the basis of sex is a form of discrimination and violates state and federal law. Unwelcome sexual advances, requests for sexual favors, and/or other verbal or physical conduct of a sexual nature constitutes sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance, or creating an intimidating, hostile or offensive working environment.

B.    Sexually harassing conduct in the District, whether committed by supervisors or non-supervisory personnel, is prohibited. Such prohibited conduct includes but is not limited to (1) unwelcome sexual flirtations, advances or propositions, (2) verbal or written abuse of a sexual nature, (3) graphic verbal comments about an individual’s body, (4) sexually degrading words used to describe an individual and (5) the display in the work place of sexually suggestive objects or pictures.

Section 3: Civil Rights Compliance Officer

The District will designate one or more individuals to serve as the Compliance Officer(s) for this policy. The Compliance Officer(s) will be responsible for coordinating the District’s efforts to comply with and carry out its responsibilities regarding non-discrimination and anti-harassment, including investigations of complaints alleging discrimination, harassment, or the failure of the District to comply with its obligations under relevant non-discrimination and anti-harassment laws and regulations (e.g., the Americans with Disabilities Act, Title IX of the Education Amendments of 1972, and Section 504 of the Rehabilitation Act of 1973).

Prior to the beginning of each school year, the District shall issue an appropriate public announcement or publication which advises students, parents/guardians, employees and other relevant individuals of the District’s established grievance procedures for resolving complaints of discrimination and harassment. Included in such announcement or publication will be the name, address, telephone number, and email address of the Compliance Officer(s). The District’s website will reflect current and complete contact information for the Civil Rights Compliance Officer(s).

The Compliance Officer(s) for the District is/are:

Susan M. Swartz, Superintendent of Schools
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 71100
sswartz@sgcsd.net

Karen Swain, Assistant Superintendent for Curriculum and Instruction
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 72100
kswain@sgcsd.net

Section 4: Investigation of Complaints and Grievances

The District will act to promptly, thoroughly, and equitably investigate all complaints, whether verbal or written, of discrimination and/or harassment based on any of the characteristics described previously, and will promptly take appropriate action to protect individuals from further discrimination or harassment. In the event an anonymous complaint is filed, the District will respond to the extent possible.  Regulations regarding reporting, investigating, and remedying allegations of discrimination and/or harassment can be found at Policy No. 9050-R.

It is essential that any individual who is aware of a possible occurrence of discrimination or harassment immediately report such occurrence. All reports will be directed or forwarded to the District’s designated Compliance Officer(s). Such complaints are recommended to be in writing, although verbal complaints of discrimination or harassment will also be promptly investigated in accordance with applicable law and District policy and procedure. In the event Compliance Officer is the alleged offender, the report will be directed to another Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent, or, if the Superintendent is the alleged offender, to the President of the Board of Education.

To the extent possible, all complaints will be treated as confidential. Disclosure may, however, be necessary to complete a thorough investigation of the charges and/or notify law enforcement officials.

If an investigation reveals that discrimination or harassment has occurred, the District will take immediate corrective action as warranted. Such action will be taken in accordance with applicable laws and regulations, as well as any and all relevant codes of conduct, District policies and administrative regulations, collective bargaining agreements, and/or third-party contracts.

Section 5: Knowingly Makes False Accusations

Any employee who knowingly makes false accusations against another individual as to allegations of discrimination or harassment will face appropriate disciplinary action.

Section 6: Prohibition of Retaliatory Behavior

The Board of Education prohibits any retaliatory behavior directed against complainants, victims, witnesses, and/or any other individuals who participated in the investigation of a complaint of discrimination and/or harassment. Complaints of retaliation may be directed to the Compliance Officer. In the event a Compliance Officer is the alleged offender, the report will be directed to another Compliance Officer, if the District has designated another individual to serve in such a capacity, or to the Superintendent, or, if the Superintendent is the Compliance Officer and the alleged offender, to the President of the Board of Education.

Where appropriate, follow-up inquiries will be made to ensure that discrimination and/or harassment has not resumed and that those involved in the investigation have not suffered retaliation.

Section 7: Additional Provisions

In order to promote familiarity with issues pertaining to discrimination and harassment in the schools, and to help reduce incidents of prohibited conduct, the District will provide appropriate information and/or training to employees. As may be necessary, special training will be provided for individuals involved in the investigation of discrimination and/or harassment complaints.

A copy of this policy and its accompanying regulations will be available upon request and will be posted and/or published in appropriate locations and/or school publications.

This policy should not be read to abrogate other District policies and/or regulations or the District Code of Conduct prohibiting other forms of unlawful discrimination, harassment, and/or inappropriate behavior within this District. It is the intention of the District that all such policies and/or regulations be read consistently to provide protection from unlawful discrimination and harassment. However, different treatment of any individual which has a legitimate, legal, and non-discriminatory reason shall not be considered a violation of District policy.

References:

  • Age Discrimination in Employment Act, 29 USC § 621
  • Americans with Disabilities Act, 42 USC § 12101 et seq.
  • Section 504 of the Rehabilitation Act of 1973, 29 USC § 794 et seq.
  • Title VI of the Civil Rights Act of 1964, 42 USC § 2000d et seq.
  • Title VII of the Civil Rights Act of 1964, 42 USC § 2000e et seq.
  • Title IX of the Education Amendments of 1972, 20 USC § 1681 et seq.
  • Age Discrimination Act of 1975, 42 U.S.C. § 6101 et seq.
  • Boy Scouts of America Equal Access Act, 20 U.S.C. § 7905
  • NY Education Law § 2801(1)
  • NY Executive Law § 290 et seq.
  • October 26, 2010 OCR Dear Colleague Letter (Harassment and Bullying)
  • April 4, 2011 OCR Dear Colleague Letter (Sexual Violence)
  • April 24, 2015 OCR Dear Colleague Letter (Title IX Guidance)

First Reading April 25, 2018
Adopted June 11, 2018
First Reading of Revised Policy January 14, 2019
Adopted January 28, 2019

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9050-R ADMINISTRATIVE REGULATION – NON-DISCRIMINATION AND ANTI-HARASSMENT OF EMPLOYEES IN THE SCHOOL DISTRICT

Section I:    Non-Discrimination and Anti-Harassment Policy Enforcement

A.   Purpose:  The complaint procedure established by this regulation shall provide for the prompt and equitable resolution of all complaints alleging discrimination (including harassment) on the basis of actual or perceived race, color, creed, gender, gender identity or transgender status, sex, sexual orientation, national origin, religion, age, economic status, marital status, veterans’ status, political affiliation, domestic victim status, use of a guide dog, hearing dog or service dog, disability or other classifications protected under federal, or deny access the access required under the Boy Scouts of America Equal Access Act.

B.                 Scope:  The complaint procedure established by this regulation shall apply to all claims of discrimination arising from dealings between or among employees with other employees, students with employees, and employees with vendors, contractors, volunteers, visitors, guests and other third parties who are participating in, observing, or otherwise engaging in activities subject to the supervision and control of the District.

C.                 Prohibited Conduct:

1.            The characterizations and examples below are intended to serve as a general guide for individuals in determining whether to file a complaint of discrimination or harassment, and should not be construed to add or limit the rights individuals and entities possess as a matter of law.

2.            Discrimination is, generally, the practice of conferring or denying privileges on the basis of membership in a legally protected class. Discriminatory actions may include, but are not limited to  refusing to promote or hire an individual on the basis of his/her membership in a protected class or impermissibly instituting policies or practices that disproportionately and adversely impact members of a protected class.

3.            Harassment generally consists of subjecting an individual, on the basis of his/her membership in a protected class, to conduct and/or communications that are sufficiently severe, pervasive, or persistent as to have the purpose or effect of creating an intimidating, hostile, or offensive environment, substantially or unreasonably interfering with an individual’s work performance, opportunities, benefits, or well-being, or otherwise adversely affecting an individual’s employment opportunities.

4.            Harassment can include unwelcome verbal, written, or physical conduct which offends, denigrates, or belittles an individual because of his/her membership in a protected class. Such conduct includes, but is not limited to: derogatory remarks, jokes, demeaning comments or behavior, slurs, mimicking, name calling, graffiti, innuendo, gestures, physical contact, stalking, threatening, bullying, extorting, or the display or circulation of written materials or pictures.

Section II: Complaints

The Board of Education has an affirmative duty to maintain a school district free from all forms of discrimination (including discrimination and harassment on the basis of sex). Any person who believes he or she has been the target of discrimination, including discrimination on the basis of sex, by a student, district employee, or third party related to the school is required to report complaints as soon as possible after the incident(s) in order to enable the District to effectively investigate and resolve the complaint.  In addition, all District employees are expected to promptly report harassment and discrimination that they observe or have reason to be aware of.  Complainants are encouraged to submit the complaint in writing; however, complaints may be made verbally.  Complaints should be filed with the District’s Civil Rights Compliance Officer(s).  The District’s Civil Rights Compliance Officer(s) can be contacted at the following address, telephone number, and email address:

Susan M. Swartz, Superintendent of Schools
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 71100
sswartz@sgcsd.net

Karen Swain, Assistant Superintendent for Curriculum and Instruction
900 Preddice Parkway
Scotia, NY 12302
518-347-3600, ext. 72100
kswain@sgcsd.net

If notification of a complaint is made to anyone other than a Civil Rights Compliance Officer, then the recipient of said notification shall immediately inform the Civil Rights Compliance Officer(s) of the allegation of discrimination, unless the allegation of discrimination is made against the Civil Rights Compliance Officer in which case the recipient of said notification shall immediately inform the Superintendent or the President of the Board of Education.

Section III: Investigation and Resolution

A.           Initial Procedure

1.            The Civil Rights Compliance Officer (or his or her designee) shall conduct a preliminary review when he or she receives a verbal or written complaint of discrimination, or if he or she observes discrimination, including sexual discrimination/sexual harassment.  Except in the case of severe or criminal conduct, the Civil Rights Compliance Officer (or his or her designee) should make all reasonable efforts to resolve complaints informally at the school level.  The goal of informal investigation and resolution procedures is to end the harassment and obtain a prompt and equitable resolution to a complaint.

2.            As soon as possible, but no later than three (3) working days following receipt of a complaint, the Civil Rights Compliance Officer (or his/her designee) shall investigate all allegations of discrimination (including sexual discrimination/sexual harassment) in as confidential and sensitive a manner as possible.  However, because an individual’s need for confidentiality must be balanced with the District’s legal obligation to provide due process to the accused, to conduct a thorough investigation, or to take necessary action to resolve the complaint, the District retains the right to disclose the identity of parties and witnesses to complaints in appropriate circumstances to individuals with a need to know.  The Civil Rights Compliance Officer or his/her designee will discuss confidentiality standards and concerns with all complainants.

The Civil Rights Compliance Officer, or his or her designee, will conduct an investigation into any complaint brought forward pursuant to this Regulation that will include the following steps:

a.            Interview the complainant and document the conversation. Instruct the complainant to have no contact or communication regarding the complaint with the accused. Ask the complainant specifically what action he/she wants taken in order to resolve the complaint. Interim measures shall be made available to the complainant during the District’s investigation. In the case of students, such measures may include, but are not limited to, referring the complainant, as appropriate, to school social workers, school psychologists, crisis team managers, other school staff, or appropriate outside agencies for counseling services.  Additional interim measures may include the adjustment of schedules, “stay-away” agreements between the complainant and the accused, and the establishment of “safe spaces” within the building to which the complainant can avail himself or herself.  Such interim measures shall be designed to address concerns raised by the complainant during the pendency of the District’s investigation and shall not disproportionately impact the complainant.

b.            Review any written documentation of the harassment or discrimination prepared by the complainant. If the complainant has not prepared written documentation, assist the complainant with doing so, providing alternative formats for individuals with disabilities and young children, who have difficulty writing and need accommodation.

c.            Interview the accused regarding the complaint and inform him or her that if the objectionable conduct has occurred, it must cease immediately. Document the conversation. Provide the accused an opportunity to respond to the allegations in writing.

d.            Instruct the accused to have no contact or communication regarding the complaint with the complainant and to not retaliate against the complainant. Warn the accused that if he/she makes contact with or retaliates against the complainant, he/she will be subject to immediate disciplinary action.

e.            Inform the parties of their right to present any witnesses or other evidence and interview any witnesses to the complaint, including witnesses identified by the complainant and/or the accused. Where appropriate, obtain a written statement from each witness. Caution each witness to keep the complaint and his/her statement confidential.

f.             Review all documentation and information relevant to the complaint, including any evidence submitted by the parties.

3.                  Within twenty (20) working days from the commencement of the investigation, or as soon as practicable thereafter based on the nature and status of the investigation, the complainant and the accused shall be notified in writing, and also in person as appropriate, regarding the results of the investigation and the action taken to resolve the complaint, subject to all applicable confidentiality concerns and obligations.  If the investigation was conducted by someone other than the Civil Rights Compliance Officer, the investigator will inform the Civil Rights Compliance Officer of his or her findings and provide the Civil Rights Compliance Officer with all documentation relating to the investigation.

4.                  The investigator shall instruct the complainant to report immediately if the objectionable behavior occurs again or if the accused retaliates against him/her.  The investigator shall instruct the accused to refrain from engaging in any retaliatory behavior directed at the complainant or cause others to take such action and shall further inform the accused of the consequences.

5.                  The investigator shall notify the complainant that if he/she desires further investigation and action, he/she may request a district level investigation by contacting the Superintendent of Schools or, in the case where the Superintendent served as the investigator, the President of the Board of Education in accordance with paragraph “7”, below.  Employees may also contact the U.S. Equal Employment Opportunity Commission or the New York State Division of Human Rights.

6.                  If the initial investigation results in a finding that discrimination or harassment did occur, the investigator will promptly notify the Superintendent, who shall then take appropriate action in accordance with district policy, applicable collective bargaining agreement, and/or state law.  The District will also take all appropriate steps to prevent the recurrence of discrimination and/or harassment, and correct any discriminatory effects, if appropriate.

7.                  Any party who is not satisfied with the outcome of the initial investigation by the Civil Rights Compliance Officer (or his/her designee) may request a district-level investigation by submitting a written complaint and request to the Superintendent (or Board President, where the Superintendent served as the investigator) within thirty (30) calendar days from the date of the written determination issued in the initial investigation.

B.            District Level Appeal Procedure

1.            The Superintendent shall promptly investigate and resolve all complaints of discrimination that are appealed to him or her following an investigation by the Civil Rights Compliance Officer (or his or her designee, if other than the Superintendent). In the event the complaint of discrimination or harassment involves the Superintendent, or where the Superintendent served as the initial investigator and it is his or her determination that is being appealed from, the complaint shall be filed with or referred to the Board President, who shall refer the appeal to a trained investigator not employed by the district for investigation.

2.            The district level appeal procedure should begin as soon as possible but not later than three (3) working days following receipt of the complaint by the Superintendent or Board President.

3.            In conducting the formal District level appeal procedure, the District will use investigators who have received formal training in discrimination or harassment investigation or that have previous experience investigating discrimination or harassment complaints.

4.            If a District investigation results in a determination that discrimination or harassment did occur, prompt corrective action will be taken to end the discrimination or harassment. Where appropriate, district investigators may suggest mediation as a means of exploring options of corrective action.

5.            No later than thirty (30) days following receipt of the appeal, the Superintendent (or, as the case may be, the Board-appointed investigator) will notify the complainant and alleged discriminator or harasser, in writing, of the outcome of the investigation. If additional time is needed to complete the investigation or take appropriate action, the Superintendent or Board-appointed investigator will provide all parties with a written status report within thirty (30) days following receipt of the complaint.

6.            The complainant and the alleged discriminator or harasser have the right to be represented by a person of their choice, at their own expense, during discrimination or harassment investigations and hearings.  In addition, complainants have the right to register discrimination or harassment complaints with the U.S. Department of Education’s Office for Civil Rights.

Section IV:  Retaliation Prohibited

Any act of retaliation against any person who opposes discriminatory or harassing behavior, or who has filed a complaint, is prohibited and illegal, and therefore subject to disciplinary action. Likewise, retaliation against any person who has testified, assisted, or participated in any manner in an investigation, proceeding, or hearing of a prohibited discrimination or harassment complaint is prohibited. For purposes of this Regulation, retaliation includes but is not limited to: verbal or physical threats, intimidation, ridicule, bribes, destruction of property, spreading rumors, stalking, harassing phone calls, and any other form of harassment. Any person who retaliates is subject to immediate disciplinary action, up to and including suspension or termination.

Section V:  Consequences Where Discrimination and/or Harassment is Found

If discrimination and/or harassment is found to have occurred, the District will take all appropriate steps to prevent the recurrence of such discrimination and/or harassment, and correct any discriminatory effects of that behavior that may remain.   In addition, any individual who violates the Non-discrimination and Anti-harassment Policy by engaging in prohibited discrimination or harassment, including discrimination or harassment on the basis of sex, will be subject to appropriate disciplinary action. Disciplinary measures available to school authorities include, but are not limited to the following:

Students: Discipline may range from a reprimand up to and including suspension from school, to be imposed consistent with the student conduct and discipline policy and applicable law.

Employees: Discipline may range from a warning up to and including termination, to be imposed consistent with all applicable contractual and statutory rights.

Volunteers: Penalties may range from a warning up to and including loss of volunteer assignment.

Vendors: Penalties may range from a warning up to and including loss of district business.

Other individuals: Penalties may range from a warning up to and including denial of future access to school property.

False Complaints: False or malicious complaints of discrimination or harassment may result in corrective or disciplinary action taken against the complainant.

Section VI: Questions

Inquiries or concerns regarding civil rights compliance by the District, including the application of Title IX and its implementing regulation, may be referred to the District’s Superintendent of Schools or its designated Civil Rights Compliance Officer.  Inquiries and complaints may also be directed to the Office for Civil Rights, New York Office, U.S. Department of Education, 32 Old Slip, 26th Floor, New York, New York 10005; telephone: (646) 428-3800; electronic mail: OCR.NewYork@ed.gov.

First Reading April 25, 2018
Adopted June 11, 2018
First Reading of Revised Regulation January 14, 2019
Adopted January 28, 2019

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9100 STAFF ETHICS

The Board of Education shall promulgate a code of ethics governing staff members in accordance with provisions on the General Municipal Law. See Appendix F.

Adopted July 10, 1989

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9110 STAFF CONFLICT OF INTEREST

No soliciting, selling or collecting shall be engaged in by employees of the school district on school district property or at school sponsored functions off school property except where such activity has a direct connection to the employment or assigned responsibility of the employee.

Adopted September 22, 1975
Revised August 14, 1989

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9211 INSTRUCTIONAL STAFF QUALIFICATIONS

Instructional staff shall be responsible for being properly certified for employment in the district.

Adopted September 22, 1975
Revised July 10, 1989

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9220 INSTRUCTIONAL STAFF CONTRACTS AND COMPENSATION PLANS

The negotiated agreement between the District and recognized instructional staff organizations shall govern all general terms of employment during the period of the current contract.

The negotiated agreement between the District and recognized instructional staff organizations shall provide a procedure for the resolution of grievances based on the negotiated contract.

The Board will annually evaluate the Superintendent of Schools in accordance with provisions set forth in Policy 3160, Appendix B, and further, determine the salary of the if the Superintendent of Schools on an annual basis.

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9223 INSTRUCTIONAL STAFF – FAMILY AND MEDICAL LEAVE ACT

The School District will provide family and medical leave in accordance with the provisions of the Family and Medical Leave Act of 1993, as it may from time to time be amended.

An employee may, at the discretion of the Board of Education, be permitted to take leave in connection with the birth, or the placement for adoption or foster care, of a child, or leave for child care following such birth or placement, or with a spouse, son, daughter or parent on active duty status in the National Guard or Reserves in support of a contingency operation as identified in the implementing rules and regulations for the statute, on an intermittent basis, or take leave under the Act on a reduced schedule.

FMLA Military Leave also provides eligible employees up to twenty-six (26) weeks of leave to care for a covered service member during a single twelve (12) month period.

Accrued vacation and personal leave, if any, shall be utilized as part of any leave provided pursuant to this policy. Accrued sick leave, if any, shall also be utilized as part of any leave provided pursuant to the policy because of the serious health condition of the employee.

The twelve (12) month period within which an employee shall be entitled to take a maximum of twelve (12) weeks leave shall be measured backward from the date of each use by the employee of FMLA leave. The maximum leave that an eligible employee may take for FMLA military leave is twenty-six (26) weeks in one twelve (12) month period.

An employee requesting leave because of the employee’s serious health condition, or leave to care for a spouse, child or parent, shall provide certification from the appropriate health care provider, supporting the necessity for the leave. Such certification shall also be provided to support a request for intermittent leave for such purposes. In addition, sufficient certification that the employee is able to resume work shall be provided by the health care provider before the employee returns from a period of leave for the employee’s serious medical condition.

If an employee fails to return from leave because of the continuation, recurrence or onset of a serious health condition of the employee or the employee’s spouse, child or parent, which condition would have permitted the employee to take leave in the first instance, the employee shall not be required to repay the District’s cost of maintaining health insurance during the period of actual leave, if the appropriate health care provider provides sufficient certification as to such condition.

The Superintendent of Schools shall be responsible for insuring that all requirements of the Family and Medical Leave Act shall be carried out by the District in accordance with the administrative regulations and procedures set forth in Appendix U.
Adopted May 13, 1996
Revised May 11, 2009

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9230 INSTRUCTIONAL STAFF RECRUITING AND HIRING

The Superintendent of Schools shall be responsible for the recruitment and assignment of all instructional personnel. The Superintendent shall be responsible to the Board of Education for recommendations for employment and termination of all instructional personnel and the management of the required record keeping to perform the personnel function. The Superintendent shall recommend to the Board the number and type of positions required to provide adequate instructional personnel for the operation of the educational program.

Adopted September 22, 1975
Revised July 10, 1989
Revised September 13, 1993

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9240 SUBSTITUTE INSTRUCTIONAL STAFF EMPLOYMENT

Substitute teachers’ pay shall be established by the Board of Education upon the recommendation of the Superintendent of Schools.

Adopted September 22, 1975
Revised July 10, 1989

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9251 INSTRUCTIONAL STAFF PROBATION AND TENURE

The probationary services required for consideration for tenure for instructional personnel shall be in accordance with New York State Education Law, Section 3012.

Adopted September 22, 1975
Revised July 10, 1989

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9253.4 SUSPENSION, DISMISSAL OR OTHER DISCIPLINE OF INSTRUCTIONAL STAFF MEMBER

Statutory causes for dismissal of full-time, tenured instructional personnel shall be in accordance with New York State Education Law Sections 3012, 3020, 3020-a and 3031.

Adopted September 22, 1975
Revised August 14, 1989

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9260 INSTRUCTIONAL STAFF ASSIGNMENTS AND TRANSFERS

The Superintendent will recommend, for approval of the Board of Education, transfers to new positions and all assignments involving extra compensation.

Within an individual school, the assignment of building personnel will be made by the Building Principal in consultation with the Superintendent.

Adopted July 10, 1989

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9261 CONDITIONAL APPOINTMENT & EMERGENCY CONDITIONAL APPOINTMENT STUDENT SAFETY POLICY

The Board of Education recognizes that there may be instances in which it is necessary, upon recommendation of the Superintendent of Schools, the Board to make a conditional appointment or an emergency conditional appointment of a prospective employee. To provide for the safety of students who have contact with an employee holding a conditional appointment or an emergency conditional appointment, the Board adopts the following policy:

  • No district employee who holds a conditional or emergency conditional appointment shall be in contact with students other than too provide the specific instruction or other services for which the employee was hired, except as deemed appropriate by the Building Principal.
    No district employee who holds a conditional or emergency conditional appointment shall teach a class or provide services to students with his/her classroom or office door closed unless the Building Principal has provided express prior permission to do otherwise. Such permission may be appropriate, for example, during music class, band practice or testing procedures.
  • In no event shall such employee be left alone with an individual student, except as deemed appropriate by the Building Principal.
    The Building Principal or his/her designee shall provide heightened administrative supervision of such employees while on school district property during the period of their conditional or emergency conditional appointment including, for example, unannounced visits to classrooms, walking the hallways, and/or any other activities the Principal determines to be appropriate.
  • In addition, the district will ensure that al conditional and emergency conditional appointed employees become aware of and receive training regarding the prohibition against child abuse in an educational setting and of their responsibility for reporting any such abuse at the commencement of their conditional or emergency conditional appointment.
  • Failure to comply with this policy will result in appropriate disciplinary action.
  • For purposes of this policy, the terms “conditional appointment” and “emergency conditional appointment” shall refer to any employee holding conditional or emergency conditional appointment, as defined in §1709 of the Education Law.

Adopted September 10, 2001

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9290.1 EMPLOYMENT OF RELATIVES OF BOARD MEMBERS OR SCHOOL ADMINISTRATORS FOR INSTRUCTIONAL POSITIONS

The Board of Education will not employ husbands, wives or children of Board members or of any district office administrators for instructional positions. This policy of the Board of Education shall not be applicable to any person who was in the employ of the district prior to the Board of Education or when the administrator first assumed a full-time administrative position.

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9290.2 EVALUATION OF INSTRUCTIONAL STAFF

A written performance evaluation of the instructional staff shall be made periodically.

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9310 SUPPORT STAFF POSITIONS

All support staff positions in the school district will be established by the Board of Education.

The Board will approve the broad purpose and function of the positions in accordance with state laws and regulations, and approve a statement of job requirements as recommended by the Superintendent of Schools.

The Superintendent of Schools will maintain a comprehensive, coordinated set of job descriptions, which set forth clear-cut responsibilities for all positions.

Upon final Board action, the Superintendent shall refer all proposals for the creation or reclassification of positions in the classified civil service commission having jurisdiction for classification.

Adopted September 11, 1989

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9320 SUPPORT STAFF CONTRACTS AND COMPENSATION PLANS

The negotiated agreement between the Superintendent of Schools and the recognized classified and non-certificated staff organization(s) shall govern all general terms of employment during the period of the current contract.

Adopted September 22, 1975

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9323 SUPPORT STAFF- FAMILY AND MEDICAL LEAVE ACT

The School District will provide family and medical leave in accordance with the provisions of the Family and Medical Leave Act of 1993, as it may from time to time be amended.

An employee may, at the discretion of the Board of Education, be permitted to take leave in connection with the birth, or the placement for adoption or foster care, of a child, or leave for child care following such birth or placement, on an intermittent basis, or to take leave under the Act on a reduced schedule.

Accrued vacation and personal leave, if any, shall be utilized as part of any leave provided pursuant to this policy. Accrued sick leave, if any, shall be utilized as part of any leave provided pursuant to the policy because of the serious health condition of the employee.

The twelve (12) month period within which an employee shall be entitled to take a maximum of twelve (12) weeks leave shall be measured backward from the date of each use by the employee of FMLA leave.

An employee requesting leave because of the employee’s serious health condition, or leave to care for a spouse, child or parent, shall provide certification from the appropriate health care provider, supporting the necessity for the leave. Such certification shall also be provided to support a request for intermittent leave for such purposes. In addition, sufficient certification that the employee is able to resume work shall be provided by the health care provider before the employee returns from a period of leave for the employee’s serious medical condition.

If an employee fails to return from leave because of the continuation, recurrence or onset of a serious health condition of the employee or the employee’s spouse, child or parent, which condition would have permitted the employee to take leave in the first instance, the employee shall not be required to repay the District’s cost of maintaining health insurance during the period of actual leave, if the appropriate health care provider provides sufficient certification as to such condition.

The Superintendent of Schools shall be responsible for insuring that all requirements of the Family and Medical Leave Act shall be carried out by the District in accordance with the administrative regulations and procedures set forth in Appendix U.

Adopted May 13, 1996

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9330 SUPPORT STAFF RECRUITING AND HIRING

The Superintendent of Schools shall be responsible for the recruitment and assignment of all classified and non-certificated personnel. The Superintendent shall be responsible to the Board of Education for recommendations for employment and termination of all classified and non-certificated personnel and the management of the required record keeping to perform the personnel function. The Superintendent shall recommend to the Board the number and type of positions required to provide adequate support staff for the operation of the district’s program.

Adopted September 22, 1975
Revised September 11, 1989

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9390.1 EVALUATION OF SUPPORT STAFF

A written performance evaluation of classified and non-certificated personnel shall be made annually.

Adopted September 22, 1975
Revised September 11, 1989

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9390.2 SUPERVISION OF SUPPORT STAFF

The Superintendent of Schools shall have the responsibility for the Supervision of all classified and non-certificated personnel.

Adopted September 22, 1975
Revised September 11, 1989

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9390.3 EMPLOYMENT OF RELATIVES OF BOARD MEMBERS OR SCHOOL ADMINISTRATORS FOR SUPPORT STAFF POSITIONS

The Board of Education will not employ husbands, wives or children of Board members or any district office administrators for classified civil service positions – including exempt, noncompetitive or labor classes. Further, it is the intent of this policy to limit the employment of husbands, wives or children of district supervisors to positions which are not under the direct supervision of said district supervisors. This policy of the Board of Education shall not be applicable to any person who was in the employ of the district prior to the Board member being elected to the Board of Education or when the administrator of the district supervisor first assumed a full-time administrative/supervisory position.

Adopted December 13, 1976
Revised September 11, 1989
Revised July 10, 1995

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9392 SUPPORT STAFF HEALTH EXAMINATIONS

A health examination shall be required for all classified and noncertificated personnel upon initial employment and periodically thereafter as follows: annually for school bus drivers, biennially for school lunch workers, and every three years for all other employees. This examination must be performed by a school physician at no cost to the other employees, or by the physician of the employee’s choice with the district paying up to $50 toward the cost. The examination shall cover procedures indicated on the Employee Health Examination form. A skin test for tuberculosis screening shall be required biennially and shall be performed by a school nurse at no cost to the employee. The Superintendent of Schools has the authority to require a health examination by a school physician when he/she deems it necessary.

Adopted September 22, 1975
Revised June 10, 1985
Revised September 11, 1989

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9395 CONTROLLED SUBSTANCES AND ALCOHOL TESTING

Effective January 1, 1996 the Board of Education adopts the Controlled Substance and Alcohol Testing Policy as outlined in Appendix W with further definitions and procedures promulgated in said Appendix W and its administrative regulations.

Adopted December 11, 1995

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9411 BOARD NEGOTIATIONS

Prior to commencement of any negotiations, the Board of Education with the assistance of the Superintendent of Schools will determine the Board’s chief spokesperson. The balance of the team will be selected by the Board, with the assistance of the Superintendent. The fee or salary for a professional negotiator will be established by the Board at the time of appointment.

Negotiations will be conducted only as directed by the Board.

Adopted September 11, 1989

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9412 SUPERINTENDENT’S ROLE IN NEGOTIATIONS

The Superintendent of Schools is assigned the responsibility for collective bargaining with all district personnel.

Adopted September 22, 1975
Revised September 11, 1989

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9510 PERSONNEL RECORDS

All staff personnel records and files shall be maintained and administered as follows:

  • A personnel file will be accurately maintained in the central administrative office for each present and former employee. These files will contain applications for employment; references; and records relative to compensation, payroll deductions, evaluations and such other matters as may be considered pertinent to the purposes of this policy as cited above.
  • The Superintendent will be the records manager for the personnel files and will have the overall responsibility for maintaining and preserving the confidentially of the files. The Superintendent may, however, designate another official to perform the duties of records management under the understanding that this official is to be held responsible for granting or denying access to records on the basis of these guidelines.
  • All personnel records will be considered confidential and not open to public inspection, and access to files will be limited to school and governmental officials authorized by the Superintendent to use the files for purposes of this policy as cited above. No other persons or agencies may have access to information in a staff member’s file except when the staff member has given written consent for the release of specific information to a specific person or agency, or when such information is subpoenaed or ordered for release by a court of law.
  • Lists of districts employees’ names and home addresses will be released only to governmental agencies as required for official reports.
  • A present or former staff member may have access to his own personnel file at all reasonable times (i.e., during regular school hours) but with the exception that access will not be granted to references provided to the district on a confidential basis prior to employment. The right of access includes the right to make written objections to any information contained in the file. Any written objection must be signed by the staff member and will become a part of the staff member’s file. In cases when file information is provided to be in error, correction will be made.

Adopted September 22, 1975
Revised September 11, 1989

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9525 EMERGENCY HEALTH CARE/ ANAPHYLAXIS

First aid and care will be provided in the case of an anaphylactic reaction of a student or staff member. The aid given will be in accordance with the prescribed procedures in Appendix V.

Adopted January 9, 1996

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9531 COMPREHENSIVE POLICY CONCERNING ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS)

The Board of Education shall implement a Comprehensive Policy Concerning Acquired Immune Deficiency Syndrome (AIDS) as set forth in Appendix Y to the Board Policy Manual.

Adopted July 11, 1988
Revised April 13, 1992

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9535 EXPOSURE CONTROL PLAN (Bloodborne Pathogens Standards)

The Scotia-Glenville Central School District is committed to provide a safe and healthful work environment. In pursuit of this endeavor, an Exposure Control Plan (ECP) is provided to eliminate or minimize occupational exposure to bloodborne pathogens in accordance with OSHA Bloodborne Pathogens Standard, Title 29 Code of Federal Regulations 1910.1030.

The Exposure Control Plan is a key document to assist our school district in implementing and ensuring compliance with the Bloodborne Pathogens Standard 29, CFR Part 1910.1030, thereby protecting our employees.

The Exposure Control Plan includes:
1. Employee exposure determination
2. The procedures for evaluating the circumstances surrounding an exposure incident
3. The schedule and method for implementing the specific sections of the Standard, including
– methods of compliance
– Hepatitis B vaccination and post-exposure follow-up
– training and communication of hazards to employees
– recordkeeping

The Exposure Control Plan is set forth in Appendix O.

Adopted March 8, 1993

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9540 DRUG-FREE WORKPLACE

The Scotia-Glenville Central School District intends to provide a drug-free workplace for its employees and students. Therefore, the Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of any controlled substances in the workplace. “Workplace” shall mean any site on school grounds, any school sponsored activity, or any place in which an employee performs District work. “Controlled substance” shall include all drugs which are banned or controlled under federal or state law and any chemical substance which is ingested to produce psychological or physiological effects, other than accepted foods or beverages.

The Superintendent or his/her designee shall establish and implement regulations which meet the requirements of the federal Drug-Free Workplace Act of 1988.

Ref: Federal Drug Free Workplace Act of 1988 (Chapter 10, Title 41, USC)

Adopted November 19, 1990

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REGULATION: DRUG-FREE WORKPLACE
Board Policy 9540

1. The Superintendent of Schools shall certify to any federal agency making a direct grant to the District that the District will provide a drug-free workplace, in accordance with the Drug-Free Workplace Act of 1988.

2. The Superintendent, or his/her designee, shall establish a drug-free awareness program to inform employees about:
a. the dangers of drug abuse in the workplace
b. the District’s policy of maintaining a drug-free workplace
c. any available drug counseling, rehabilitation, and employee assistance
programs
d. the penalties that may be imposed upon employees for drug abuse violations

3. The Superintendent, or his/her designee, shall publish a statement notifying district employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace. The statement shall specify the actions that will be taken against the employees for violations of such prohibition. Each employee shall receive a copy of Policy 9125, Drug Free Workplace.

4. Each employee, as a condition of employment on any direct federal grant, shall:
a. abide by the terms of the statement
b. notify his/her immediate supervisor, who shall notify the Superintendent, of any criminal drug statute conviction for a violation occurring in the workplace within three (3) days after receiving such conviction.

5. The Superintendent, or his/her designee, shall notify the Board of Education of any such conviction(s), and shall notify the granting agency within ten (10) days after receiving notice of such conviction(s) from any source.

6. Within thirty (30) days of such conviction(s), the district shall initiate appropriate disciplinary action against any employee so convicted in the manner provided for by law, up to and including dismissal, and/or require his/her participation in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency.

7. the District shall make a “good faith effort” to continue to maintain a drug-free workplace through implementation of these regulations.

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