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PENNSAUKEN PUBLIC SCHOOLS EMPLOYEE OPERATIONS MANUAL 2018-2019 Dr. Ronnie Tarchichi Superintendent of Schools

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Page 1: PENNSAUKEN PUBLIC SCHOOLS · Pennsauken Public Schools ... Leaves of Absences ... accommodations are directly related to performing the essential functions of a job, competing for

PENNSAUKEN PUBLIC SCHOOLS

EMPLOYEE OPERATIONS MANUAL

2018-2019

Dr. Ronnie Tarchichi

Superintendent of Schools

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Pennsauken Public Schools

Board of Education

Nicholas Perry

President

Diane Johnson

Vice-President

Michael Bortnowski

Michael Hurley

Maria James

Samer Jarbou Rafeh

Scott LaVine

Orlando Viera Jr.

JoAnne Young

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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‖

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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

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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

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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

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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:

o 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:

o 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:

o 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:

o 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.

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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

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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 www.pennsauken.net 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.

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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:

Americans with Disabilities Act: http://www.eeoc.gov/types/ada.html

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

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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.

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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

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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.

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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.

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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:

1. 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.

2. Unauthorized disclosure of confidential or privileged information.

3. 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.

4. Threatening whether veiled or open, intimating or harassing others in the workplace or on

District premises.

5. Carrying weapons onto District premises unless specifically preauthorized to do so.

6. Behaving in an overtly discourteous, abusive or disrespectful manner toward a fellow employee,

supervisor, student or any other member of the District community.

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7. Stealing, unauthorized removal, unauthorized use, loss, damage, or destruction of property

belonging to the District, employees, vendors, students or visitors of the District.

8. 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.

9. Demonstrating any conduct or behavior, which constitutes harassment, abuse or discrimination.

10. 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.

11. Taking breaks at unauthorized times or places without the approval of a supervisor or manager.

12. Violating or ignoring workplace safety and sanitary standards and expectations.

13. Unauthorized or misuse of e-resources or District software.

14. 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.

15. Failing to obtain or maintain a current license, certification or other qualification required by law

as a condition of continued employment.

16. And all other standards of conduct which the District has established or reasonably has the right

to expect in conducting its business.

17. Pushing or striking an employee, student, vendor or visitor of the District.

18. Violating the harassment, intimidation and bullying policy.

19. 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

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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:

a. is motivated by any actual or perceived characteristic, such as race, color, religion,

b. ancestry, national origin, gender, sexual orientation, gender identity and expression,

c. or a mental, physical or sensory disability; or,

d. by any other distinguishing characteristic; and

e. a reasonable person should know, under the circumstances, that the act(s) will have

f. the effect of physically or emotionally harming a student or damaging the student’s

property, or

g. placing a student in reasonable fear of harm to his person or damage to his property; or

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h. d. has the effect of insulting or demeaning any student or group; or

i. e. creates a hostile educational environment for the student by interfering with a student’s

j. 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.

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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

o 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

o Identify the school district and the school the child attends, the grade enrolled in. o

Previous involvement with DYFS if known.

WHAT

o 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 –

o Where did the incident take place?

o Where is the child now?

o Does the alleged perpetrator have access to the child?

WHEN

o When did the incident occur?

o What is the frequency of abuse / neglect alleged?

o When did you learn about it?

HOW

o How urgent is the need for intervention? o Is there a likelihood of danger for the

caseworker?

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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.

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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)

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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:

1. Director of Personnel

2. Building Principal

3. 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.

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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:

1. Details concerning the incident(s) or conduct giving rise to the complaint

2. Dates and location of incident(s).

3. Any witness to the alleged incident(s) or conduct.

4. 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

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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:

1. 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.

2. 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.

3. Written complaints should include:

a. A detailed description of what occurred including any verbal comments and responses from

both parties;

b. A list of any persons with knowledge of the discrimination;

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c. If known, the specific date(s) and locations(s) of the action or incident(s).

d. Describe the relief sought.

4. 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:

1. 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.

2. 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.

3. 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.

4. 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.

5. All involved persons shall be directed to not discuss the investigation with anyone other than the

investigator or legal representative, at any time.

6. All involved persons shall be apprised of the fact that retaliation is prohibited and will be deemed

a separately punishable offense.

7. 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.

8. 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.

9. 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.

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10. 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).

11. 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.

12. 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.

13. 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.

14. 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.

15. The Pennsauken Board of Education shall respond to the grievant within thirty calendar days.

(See APPENDIX G – Affirmative Action Policy)

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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:

a. Male staff members shall wear a dress shirt and tie. Socks are also to

be worn.

b. Male staff members may wear a turtleneck or mock turtleneck

shirt or sweater with a sports jacket in lieu of a shirt and tie.

c. 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.)

d. 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.

f. Dungarees or jeans are not permitted.

g. 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.

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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

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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 http://www.Pennsauken.net.

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.

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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

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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 www.pennsauken.net. The following process should be used in the

submission of leave of absence form:

1. The employee who is requesting the leave of absence must complete all required boxes.

2. Check off the appropriate type of leave and attach documentation if required.

3. The employee must sign the request form and submit it to his/her immediate supervisor

(principal)

4. 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.

5. 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

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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

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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.

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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

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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 www.Pennsauken.net

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.

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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.

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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,

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ancillary computer equipment, Internet services, electronic mail services, television and audio/video

equipment.

6.2 Acceptable Use Policy (AUP)

A. The District’s education goals and administrative policies shall be used as guides when selecting

and appropriately using electronic information and communication resources.

B. 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.

C. 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).

D. 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.

E. 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.

F. 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.

G. 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)

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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.

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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.

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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

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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

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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.

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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.

1. 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.

2. The Legislature finds and declares that:

a. 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;

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b. 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

c. 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.

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―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.

4. 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.).

5. 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.

6. N.J.S.18A:6-13 is amended to read as follows:

Dismissal of charge for failure of determination by board.

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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.

7. 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.

8. 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.

9. N.J.S.18A:28-5 is amended to read as follows:

Requirements for tenure.

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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:

(1) Three consecutive calendar years, or any shorter period which may be fixed by the

employing board for such purpose; or

(2) Three consecutive academic years, together with employment at the beginning of the

next succeeding academic year; or

(3) 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:

(1) Four consecutive calendar years; or

(2) Four consecutive academic years, together with employment at the beginning of the next

succeeding academic year; or

(3) 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

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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:

(1) the expiration of a period of employment of two consecutive calendar years in the

new position; 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

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(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. 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.

11. 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.

12. 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

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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.

b. 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.

c. 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.

d. 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.

b. 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.

c. 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.

d. 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

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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.

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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:

(1) four defined annual rating categories for teachers, principals, assistant principals,

and vice-principals: ineffective, partially effective, effective, and highly effective;

(2) 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;

(3) a provision that allows the district, in grades in which a standardized test is not

required, to determine the methods for measuring student growth;

(4) 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;

(5) 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;

(7) a requirement that the employee receive multiple observations during the school

year which shall be used in evaluating the employee;

(8) 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;

(10) guidelines for school districts regarding training and the demonstration of

competence on the evaluation system to support its implementation;

(11) a process for ongoing monitoring and calibration of the observations to ensure thatthe

observation protocols are being implemented correctly and consistently;

(12) a performance framework, associated evaluation tools, and observation protocols, including

training and observer calibration resources;

(13) a process for a school district to obtain the approval of the commissioner to utilize other

evaluation tools; and

(14) a process for ensuring that the results of the evaluation help to inform instructional

development.

c. A board of education shall adopt a rubric approved by the commissioner by

December 31, 2012.

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d. Beginning no later than January 31, 2013, a board of education shall implement a

pilot program to test and refine the evaluation rubric.

e. 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.

f. 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.

18. 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.

19. 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.

20. 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.

21. 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.

22. 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

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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.):

(1) The hearing shall be held before the arbitrator within 45 days of the assignment of the

arbitrator to the case;

(2) 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

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h. 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:

(1) the employee’s evaluation failed to adhere substantially to the evaluation process, including,

but not limited to providing a corrective action plan;

(2) there is a mistake of fact in the evaluation;

(3) 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.

b. 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.

c. The evaluator’s determination as to the quality of an employee’s classroom

performance shall not be subject to an arbitrator’s review.

d. The board of education shall have the ultimate burden of demonstrating to the

arbitrator that the statutory criteria for tenure charges have been met.

e. 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.

24. 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.

25. 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:

(1) 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

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annual summative evaluation and the following year is rated ineffective in the annual

summative evaluation;

(2) 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.

b. 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.

c. 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.

26. The commissioner shall have the authority to extend the timelines in the tenure charge

process upon a showing of exceptional circumstances.

Repealer.

27. The following section is repealed:

Section 1 of P.L.1998, c.42 (C.52:14B-10.1).

28. 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.

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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

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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: :

a. 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,

b. by any other distinguishing characteristic; and

c. 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.

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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.

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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;

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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;

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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

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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

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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

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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

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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:

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• 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

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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: ___________________________________________

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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.

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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.

o 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.

o 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.

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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

o 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

o Identify the school district and the school the child attends, the grade enrolled in.

o Previous involvement with DYFS if known.

WHAT

o 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.

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WHERE –

o Where did the incident take place? o Where is the child now?

o Does the alleged perpetrator have access to the child?

WHEN

o When did the incident occur?

o What is the frequency of abuse / neglect alleged?

o When did you learn about it?

HOW

o 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.

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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.

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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

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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:

1. SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A

CONDITION OF ONE'S EMPLOYMENT

2. SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS A BASIS OF EMPLOYMENT

DECISIONS AFFECTING SUCH INDIVIDUAL

3. 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.

4. WHENEVER SUCH ACTIONS ARE UNWELCOME.

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Policy JBA PAGE 2

SEXUAL HARASSMENT MAY INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:

1. VERBAL HARASSMENT OR ABUSE, UNINVITED SEXUAL TEASING, INAPPROPRIATE JOKES,

ETC.

2. PRESSURE FOR SEXUAL ACTIVITY OR FAVORS

3. REPEATED REMARKS WITH SEXUAL OR DEMEANING IMPLICATIONS

4. UNWELCOME TOUCHING, LEANING OVER, CORNERING, OR PINCHING

5. SUGGESTING OR DEMANDING SEXUAL FAVORS ACCOMPANIED BY IMPLIED OR EXPLICIT

THREATS CONCERNING ONE'S JOB, GRADES, ETC.

6. REPETITIVE, UNINVITED, UNWELCOME SEXUALLY SUGGESTIVE LOOKS OR GESTURES

7. 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.

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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:

1. District Affirmative Action Officer

2. Affirmative Action Officer for Employment Practices

3. Affirmative Action Officer for School/Classroom Practices

4. Affirmative Action Officer for Bid Contract Awards

5. Affirmative Action Officer for Section #504/ADA Program

6. Desegregated Building Affirmative Action Officers

7. School Desegregation Coordinator

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*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:

1. 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.

2. 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.

3. 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.

4. 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).

5. Adopt employment practices, as outlined in N.J.A.C. 6:4-1.6, including the following

regulations:

a. 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.

b. 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

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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

c. 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.

6. The adopted employment/contract practices shall be disseminated both within the district and

outside the district, as follows:

a. Internal

1. Discuss this policy with all employees.

2. Publicize in school district’s media including internal newspaper, bulletin

boards, reports, faculty bulletins, and other relevant sources.

3. Meet with all employee group officials to inform them of the policy and seek

their cooperation.

4. Conduct special meetings with administrative and management personnel

responsible for employment, interviews, and recommendations.

5. 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.

6. Revise, where applicable, all employee handbooks and other literature to

include the Affirmative Action policy and to monitor continual updating of

this information.

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b) External

1. 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

2. Incorporate the statement ―Equal Opportunity Employer‖ in all advertising for

recruitment.

3. Make known that referral of all jobs at all levels are to be on

a nondiscriminatory basis.

4. 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.

5. 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.

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EMPLOYMENT/CONTRACT PROCEDURES AND GUIDELINES

1. 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:

a. 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

b. 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.

c. Ensure that the district’s employment applications and pre-employment inquiries

conform to the guidelines of the New Jersey Division on Civil Rights.

d. Monitor promotions and transfers to ensure non-discrimination.

e. Provide among the faculty of each school role models of diverse race and cultural

backgrounds.

f. 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.

2. 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:

a. oversee the development, implementation and evaluation of the district’s

desegregation/integration plan.

b. 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.

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c. 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.

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APPENDIX I – Leave of Absence Forms

APPENDIX J – (Acceptable Use Policy)

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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:

1. Vandalize the data of another user.

2. Waste computer resources.

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3. Gain unauthorized access to computer resources.

4. Use an account owned by another user without the permission of both the user and the system

administrator.

5. Post anonymous messages.

6. Send "chain letters" or "broadcasts".

7. Create or upload computer viruses.

8. Use the network to lobby votes.

9. Publish on or over the system any information which violates or infringes upon the rights of any

other person.

10. 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.

11. 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

1. Network resources are to be used by the user for educational use only; commercial use is strictly

prohibited.

2. 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.

3. Any software having the purpose of damaging other members' accounts or the school district's

network (e.g., computer viruses) is specifically prohibited.

4. The system administrators, at their sole discretion, reserve the right to refuse posting of files and

to remove files.

5. Copyrighted material must not be placed on any system connected to the network without the

author's permission.

6. 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).

7. 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.

8. 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.

9. 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.

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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.

10. 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.

11. 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.

12. 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:

1. Warning

2. Loss of credit for the assignment

3. Loss of credit for the unit

4. Loss of privileges to use the Internet

5. Loss of computer privileges in the Pennsauken School District

6. Referral to administration for discipline 7. Referral to law enforcement authorities

PENNSAUKEN PUBLIC SCHOOL DISTRICT

ACKNOWLEDGEMENT OF RECEIPT

OPERATION MANUAL 2013-14

FOR EMPLOYEES

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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.