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Series 9000


Personnel Policies Goals 9000
Conflict of Interest 9120.1
Staff Complaints and Grievances 9140.1
Staff-Student Relations 9150
Personnel Records 9160
Meals and Refreshments 9170
Staff Positions 9210
Staff Qualifications 9220
Recruiting and Hiring 9240
Conditional Appointment & Emergency Conditional Appointment of Staff Members Subject to Such Appointments 9260
Probation 9260.1
Tenure 9260.2
Substitutes 9270.1
Physical and Psychological Exams 9310
Drug-Free Workplace 9320
Compensation 9500
Family and Medical Leave 9520.2
Military Leaves 9520.3
Workers Compensation 9540.2
Optional Payroll Deductions 9560
Staff Substance Abuse 9610
Staff Development 9700
Visitations and Conferences 9710
Professional Research and Publishing 9720

 

 

                                                                                                                        9000

 

                                       PERSONNEL POLICY GOALS

 

The Board of Education recognizes that a dynamic and efficient staff dedicated to education is necessary to maintain a constantly improving educational program. The Board is interested in its personnel as individuals, and it recognizes its responsibility for promoting the general welfare of the staff.

 

It shall be the duty and responsibility of all personnel to render the quality of service that promotes the general welfare and education of the students in the school system. In this endeavor all personnel are considered to be important. Each plays a different role in the crucial matter of education. Each makes a different contribution to the total process, but each is a keystone.

 

The Board's specific personnel goals are:

 

  • to develop and implement those strategies and procedures for personnel recruitment, screening and selection which will result in employing the best available candidates, i.e., those with highest capabilities, strongest commitment to quality education, and greatest probability of effectively implementing the district's learning program;

 

  • to provide staff compensation and benefits programs sufficient to attract and retain qualified employees;

 

  • to provide an inservice training program for all employees which fosters improved performance and increased rates of staff retention and promotion;

 

  • to conduct an employee appraisal program that will contribute to the continuous improvement of staff capabilities and the learning program;

 

  • to assign personnel so as to ensure they are utilized as effectively as possible; and

 

  • to develop the quality of human relationships necessary to obtain maximum staff performance and satisfaction.

 

Adoption date: March 17, 1998


                                                                                                                        9120.1

 

                                           CONFLICT OF INTEREST

 

The Board of Education is committed to avoiding any situation in which the existence of simultaneous, conflicting interests in any officer or employee may call into question the integrity of the management or operation of the school district. Therefore:

 

No person employed by the district shall hire, supervise, evaluate, promote, review or discipline any other employee who is a member of the same family. In the event that marriage, promotion, or reorganization results in a situation not in compliance with this policy, reassignment or transfer will be effected, in accordance with the applicable provisions of any collective bargaining agreement, to correct the situation.

 

No person employed by the district shall negotiate or execute any contract on behalf of the district for the purchase, sale or lease of real or personal property, services of any nature, nor for insurance without first having determined the common price for such property, services or insurance, or requesting bids from all potential providers of such property, services or insurance.

 

No person employed by the district shall allow any matter, concern or interest, personal, financial or otherwise, to influence or interfere with the performance of his or her duties. Should such a matter, concern or interest arise, the employee shall bring the matter to the attention of his or her supervisor to seek ways to reduce or eliminate the influence or interference.

 

The Board affirms its commitment to adhere scrupulously to all applicable provisions of law regarding material conflicts of interest.

 

Knowing or willful violation of this policy by any employee may result in disciplinary action up to and including dismissal.

 

Any officer, employee or member of the public noting or suspecting a violation of this policy is encouraged to bring the matter, either in confidence or in public, to the Board or the Superintendent.

 

Cross-ref:         2170, Board Member Conflict of Interest

 

Ref:      Education Law §§ 410, 3016

            General Municipal Law Art. 18, §§ 801-813

            Labor Law §201-d

            Dykeman v. Symonds, 54 AD2d 159 (4th Dep't 1976)

 

Adoption date: March 17, 1998

 

                                                                                                                         9140.1

 

                            STAFF COMPLAINTS AND GRIEVANCES

 

The Board of Education believes that a more harmonious and cooperative relationship between the school district and its employees may be established through procedures for the settlement of certain complaints and grievances in accordance with appropriate due process standards. Thus, the district shall implement a multi-stage grievance procedure for the prompt and equitable resolution of grievances pursuant to General Municipal Law Section 682(4), Title IX of the Education Amendments of 1972 and Section 504 of the Rehabilitation Act of 1973 which are not covered by any applicable collective bargaining agreement. Staff members have the right to present complaints and grievances in accordance with the established procedures free from coercion, interference, restraint, discrimination or reprisal.

 

Annual Notification

 

At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination due to sex and/or disability to the parents/guardians of students, employees, students and the community. The public notice shall:

 

  1. state that the district's education programs are offered without regard to race, color, national origin, creed or religion, sex, age, marital status, or disability;
  2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability; and
  3. be included in announcements, bulletins, catalogues, and applications made available by the district.

 

Cross-ref: 0100, Equal Opportunity

 

Ref:      Title IX, Education Amendments of 1972, 20 USC Chapter 38; 34 CFR Part 106

            Rehabilitation Act of 1973, §504; 29 USC §794; 34 CFR Part 104

            General Municipal Law, Article 15‑c

            Civil Service Law, Article 14

            Matter of Gatje, 24 EDR 191 (1984)

            City of Schenectady, 21 PERB ¶3022 (1988)

            Pearl River UFSD, 11 PERB ¶3085 (1978)

 

Adoption date: March 17, 1998


                                                                                                                            9150

 

                                      STAFF-STUDENT RELATIONS

 

The Board of Education accepts the principle that the relationship between staff and students should be one of cooperation, understanding and respect. The Board believes that the Superintendent and each building level administrator, as instructional leaders, must exhibit a visible, involved relationship with pupil activities to create an appropriate environment for learning.

 

As the director of learning experiences within the classroom, the teacher is expected to exercise interpersonal skills to promote an atmosphere conducive to learning and to motivate each student to perform at maximum capacity.

 

Adoption date: March 17, 1998

 

                                                                                                                            9160

 

                                            PERSONNEL RECORDS

 

Information about staff is required for the daily administration of the school district, for implementing salary and other personnel policies, for budget and financial planning, for responding to appropriate inquiries about employees, and for meeting Board of Education, state and federal educational reporting requirements. To these ends, the Board authorizes and directs the Superintendent to develop and implement a comprehensive and efficient system of personnel records maintenance and control under the guidelines which follow.

 

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

 

  1. the comment is signed by the person making the complaint, commendation, suggestion or evaluation; and
  2. the Superintendent or employee's Principal or other supervisor has notified the employee that the comment is available in the district office for inspection prior to its placement in the evaluation section.

 

The employee may offer a denial or explanation of the complaint, commendation, suggestion or evaluation, and any such denial or explanation will become a part of the evaluation section.

 

The Board has the right of access to personnel records of district employees pursuant to the procedures set out in Part 84 of the Regulations of the Commissioner of Education.

 

 

Cross-ref:         1120, School District Records

                        2110.1, School Board Access to Personnel Records

 

Ref:      Education Law §3020‑a

            8 NYCRR Part 84

 

Adoption date: March 17, 1998

 

                                                                                                                        9170

                                     MEALS AND REFRESHMENTS

The Board of Education recognizes that, occasionally, it may be appropriate to provide refreshments and/or meals at district meetings or events, which are being held for a district or educational purpose. Any expenditure on such refreshments and/or meals must be approved in advance by the appropriate Building Administrator. Meal requests may be approved when:

  • officers and/or employees of the district will be prevented from taking time off for food consumption due to a pressing need to complete business at hand;
  • the district is faced with business of an immediate nature and meetings of district employees are essential at mealtimes;
  • the district wishes to recognize the services provided by volunteers or other unsalaried members of the district (in such cases, however, only the meals of those being recognized may be reimbursed and the cost of the meals must be reasonable).
  • Sachem Teacher's Center Functions - The Board of Education recognizes that certain grants obtained allow for the purchase of food at certain functions and require no district contribution. The reimbursement for meals and/or refreshments will be allowed in such instances. Proper documentation must be provided and approval must be obtained prior to event taking place.
  • Valedictorian Recognition - The District and Board of Education wish to recognize the accomplishments of the valedictorian students at Sachem High School North and Sachem High School East. The reimbursement for attendance at the Suffolk County School Superintendents Association annual valedictorian awards dinner will be allowed as follows: meals for one valedictorian for each high school (no charge), two parents/guardians per student, one high school principal from each high school, and the Assistant Superintendent for Curriculum and Instruction.

An example of an authorized expenditure would be refreshments and/or meals for staff assigned to participate in assessment day grading of standardized tests.

All expenses must be appropriately documented, including the date, purpose of the meeting and the group in attendance, and submitted to the district's Business Office for the purposes of audit and possible reimbursement.

Ref: NYS Constitution, Article VIII, Section 1 (constitutional prohibition against gifts).
Education Law Section 2118
Ops. St. Compt. 77-667; 79-522; 82-66; 82-213; 82-298; 83-57; 98-2

Adoption date: July 5, 2005
Revision date: September 17, 2008

                                                                                                                        9210

 

                                                 STAFF POSITIONS

 

The Board of Education will provide and maintain qualified and certified instructional and support personnel to carry out the educational programs of the district.

 

In each case, the Board will approve the purpose and function of the position in accordance with state laws and regulations, approve a statement of job requirements as recommended by the Superintendent of Schools and delegate to the Superintendent the task of writing or causing to be written, a job description for the position, subject to Board approval.

 

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

 

In the case of classified positions, the Superintendent shall refer all proposals for the creation or reclassification of these positions and a statement of the duties for these positions to the municipal civil service commission having jurisdiction for such classification.

 

Ref:      Civil Service Law §§35; 42-44

            New York State Constitution, Article V, §6

 

Adoption date: March 17, 1998

 

                                                                                                                            9220

 

                                           STAFF QUALIFICATIONS

 

All staff shall meet all qualifications for their respective positions as determined by the Board of Education and Superintendent, and as stated by their respective job descriptions (including physical examinations).

 

Cross-ref:         0330, Evaluation of Professional Staff

                        9320, Drug-Free Workplace

 

Adoption date: March 17, 1998

 

                                                                                                                        9240

 

                                         RECRUITING AND HIRING

 

Through its employment policies, the Board of Education will attempt to attract, secure, and retain the best qualified personnel available. The selection program will be based upon finding candidates who will devote themselves to the education and welfare of the children attending the public schools.

 

Recruiting procedures shall enable the district to seek qualified candidates from a variety of sources, including present staff. Any current employee of the district may apply for any position for which he/she meets certification and other stated requirements.

 

Recruiting and hiring shall be on the basis of individual qualification. The Board adheres to the practice of recruiting and hiring personnel without regard to religion, creed, race, color, marital status, national origin, sex or disability. No recruitment or selection processes shall have any bias based on the above-mentioned criteria. Full consideration for promotional vacancies shall be given to all eligible candidates.

 

It will be the duty of the Superintendent of Schools to see that persons nominated for employment in the schools meet all certification requirements and/or be approved by the office of teacher certification.

 

While the Board may accept or reject a nomination, an appointment will be valid only if made with the recommendation of the Superintendent. In the case of a rejection, it is the duty of the Superintendent to make another nomination. No person shall be considered employed until a resolution to that effect has been approved by the Board and a contract executed by the employee.

 

Ref:      Education Law §§913; 1604; 2509; 3012

            8 NYCRR §100.3

 

Adoption date: March 17, 1998

Revision date: September 21, 1999

 

                                                                                                                           9260

 

Conditional Appointment & Emergency Conditional Appointment

of Staff Members Subject to Such Appointments

 

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

 

All employees to be employed on a conditional or emergency conditional appointment will sign an affidavit assuring the district that they have not been convicted of any criminal offense and that there are no criminal actions pending against him or her. Further, the district will conduct credential and reference checking of such employees in the same manner and to the same extent such checking is conducted of all prospective employees, whether to be employed on a conditional, emergency conditional or regular appointment basis. Such checking includes but is not necessarily limited to a review and confirmation of paper documents, including certification and licenses, transcripts, and other documents where such references may include both names of those provided by the prospective employee as well as names of persons with possible relevant information not so provided.

 

At the building level, administrators at each site shall ensure that conditional appointees:

  1. consistent with the nature of employment, limit one-on-one contact with students to the extent practical;
  2. must adhere to the regular schedule and shall not be given before or after-school assignments with students on an individual basis;
  3. may not transport students in their private vehicles or be in contact with students in their professional capacity off school property.

 

In addition to the above, school administrators shall take deliberate steps to advise conditional appointees regarding appropriate conduct and monitor their activities to insure the safety of students in the district.

 

Reference: Chapter 147 of the Laws of 2001 Amending Chapter 180 of 2000.

 

ADOPTED: September 25, 2001

 

 

                                                                                                                         9260.1

 

                                                      PROBATION

 

Teachers and all other members of the teaching staff, as well as Building Principals, administrators, supervisors and all other members of the supervisory staff shall be appointed by the Board of Education, upon recommendation of the Superintendent of Schools, for a probationary period as set forth by New York State Education Law.

 

Ref:      Civil Service Law §§56; 60-65

            Education Law §§2509; 2569; 3012; 3014; 3019-a; 3031

            Military Law §243

            Robins v. Blaney, 59 NY2d 393 (1983)

            James v. Bd. of Educ., 37 NY2d 891 (1975)

            Bonacci v. Quinones, 124 AD2d 659 (2d Dep’t 1986)

            Macklin v. Powell, 107 AD2d 964 (3d Dep’t 1985)

            Angelica CSD v. Angelica Teachers Ass’n, 59 AD2d 301 (4th Dep’t 1977)

            Zunic v. Nyquist, 48 AD2d 378, aff’d, 40 NY2d 962 (1976)

            Matter of Charland, 32 EDR 291 (1992)

            Matter of Soans, 25 EDR 142 (1985)

            Matter of Gordon, 24 EDR 277 (1985)

            Matter of Rabinowitz, 22 EDR 159 (1982)

 

Adoption date: March 17, 1998

 

                                                                                                                         9260.2

 

                                                          TENURE

 

Tenure shall be granted to district employees in accordance with section 3012 of the Education Law and other applicable law.

 

Ref:      Education Law §§2509; 3012; 3020-a; 3031

            Civil Service Law §§63; 75

            8 NYCRR Part 30

            Scherbyn v. Wayne-Finger Lakes BOCES, 77 NY2d 753 (1991)

            Cohoes City SD v. Cohoes Teachers Ass’n, 40 NY2d 774 (1976)

            Engoren v. County of Nassau, 163 AD2d 520 (2d Dep’t 1990)

            Coates v. Ambach, 52 AD2d 261 (3d Dep’t 1976)

            Matter of Kelland, 21 EDR 63 (1981)

            Matter of Bellarosa, 20 EDR 252 (1980)

 

Adoption date: March 17, 1998

 

                                                                                                                        9270.1

 

                                                     SUBSTITUTES

 

To the greatest degree possible, the Board of Education shall employ as substitute teachers competent and effective individuals who are certified by the State of New York in an approved teaching area. Pursuant to law, when substitute positions of five months or more become available, teachers on the district's preferred eligibility list who were excessed from similar positions will be offered the position.

 

The Education Law requires that teachers on a district's preferred eligible list (PEL) must be offered any available substitute positions of five months or more in duration, without losing their status on the list, in addition to being offered any similar permanent positions that may become vacant. The declining of such reinstatement may not adversely affect the teacher's preferred eligibility status.

 

Individuals employed as substitute teachers who are not certified may only be employed for up to 40 days during a school year, unless such individuals are in a program leading to teacher certification. In that case, there is no limit on the number of days for which they may be employed as a substitute teacher.

 

The employment of substitute teachers will be centralized for the district in the Personnel Office. Candidates selected will be recommended to the Board for placement on the list of approved substitutes. Principals will assume responsibility for the scheduling of substitutes from the approved list as needed.

 

In order to allow adequate time for the school to procure a substitute, professional staff members should notify the Principal of their absence in advance. Whenever possible, the teacher who will be absent should leave a detailed lesson plan for the substitute to follow.

 

Payment of Substitute Teachers

 

The Board, working with the Superintendent, shall establish a salary schedule for substitute teachers.

 

Ref:      8 NYCRR §80.36

 

Adoption date: March 17, 1998

 

                                                                                                                            9310

 

                           PHYSICAL AND PSYCHOLOGICAL EXAMS

 

The Board of Education seeks to provide a healthful and safe working environment for the total school community. The Board employs individuals who have physical and mental capacity which will enable such employee to reasonably perform the duties required of the position, and to assure that all employees have a standard of health that will contribute to the safe, healthy and efficient performance of work.

 

Medical Examinations

 

The Board requires that all job offers be conditioned upon a satisfactory medical evaluation, and all probationary employees who are eligible for tenure, as well as employees recommended in writing by their supervisor, undergo a medical exam by their own physician or by the school physician. Failure to undergo a required medical exam is grounds for disqualification or dismissal.

 

No applicant or employee will be discriminated against because of any disability or speculation that such person's future health would be at risk in performing his/her duties. Inability to perform the essential functions of the job with or without reasonable accommodation may be grounds for disqualification or dismissal.

 

Adoption date: March 17, 1998

 

                                                                                                                            9320

 

                                         DRUG-FREE WORKPLACE

 

To be in compliance with Federal regulations, the district has formulated a Drug-Free Workplace policy.

 

The district prohibits the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance in the workplace.

 

As a condition of being employed, employees are to abide by the terms of the policy.

 

Employees are to notify the district of any drug-related criminal conviction and to do so no later than five days following conviction (only if the unlawful conduct for which he or she was convicted occurred “in the workplace”).    

 

Within 10 days, the district must notify the federal funding agency whenever an employee is convicted of a drug-related, work-related crime.

 

Within 30 days of receiving notice with respect to any employee who is so convicted, the district will take appropriate personnel action against such an employee, up to and including termination; and/or requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.

 

The district intends to make a good-faith effort to maintain a drug-free workplace through implementation of all the above provisions.

Cross-ref:         3230, Organization Chart

                        9220, Staff Qualifications

                        9610, Staff Substance Abuse

 

Ref:      Drug-Free Workplace Act (DFWA), 41 USC §§702-707

            Controlled Substances Act, 21 USC §812

            21 CFR §§1300.11-1300.15

            34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)

            Civil Service Law §75

            Education Law §3020-a

            Patchogue-Medford Congress of Teachers v. Board of Education,

            70 NY2d 57 (1987)

 

Adoption date: March 17, 1998

Revision date: September 21, 1999

 

                                                                                                                            9500

 

                                                  COMPENSATION

 

No distinction will be made in the hourly rate of pay, annual salary or the application of fringe benefits between any employees on the basis of race, color, national origin, creed or religion, marital status, sex, age, or disability.

 

Ref:      Education Law §§3011; 3101

            Civil Service Law §§201(4); 204

            Teachers Ass’n v. Bd. of Educ., 34 AD2d 351 (2d Dep’t 1970)

            1989-90 Annual Financial Report, State Education Department, May 28, 1991

 

Adoption date: March 17, 1998

 

                                                                                                                           9520.2

FAMILY AND MEDICAL LEAVE

Consistent with the Federal Family and Medical Leave Act of 1993, the Board of Education recognizes the right of eligible employees to a total of twelve (12) weeks of unpaid family and medical leave and paid, sick, vacation, and personal leave combined during any twelve (12) month period. For the purposes of family and medical leave, the twelve month period necessary for eligibility shall be a rolling year. A rolling twelve (12) month period is measured backward from the last date that an employee uses FMLA leave. The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued during the leave, under the same conditions that applied before leave commenced. The employee on leave shall not have any previously accrued benefits altered and, except as otherwise authorized by law, shall be returned to an equivalent position.

 

An application for FMLA leave must be completed and submitted to the Office of Human Resources for its review. To be eligible for family or medical leave, an employee must have been employed for at least twelve months and have worked at least 1,250 hours during the prior twelve months.

 

Family or medical leave will be unpaid leave. If leave is requested for a serious health condition of the employee which renders the employee incapable of performing the functions of the job, the employee must use all of his/her accrued paid vacation leave or sick leave. If leave is required for any other FMLA reason listed below, the employee must use all of his/her accrued vacation or personal leave. The remainder of the leave period will then consist of unpaid leave.

 

Family leave shall be provided for the following reasons:

(1)the birth of the employee's child and in order to care for the child; or
(2)the placement of a child with the employee for adoption or foster care; or
(3)to care for a spouse, child or parent who has a serious health condition.

The employee shall notify the District of his/her request for leave, if foreseeable, at least thirty (30) days prior to the date when the leave is to begin. If such leave is not foreseeable, then the employee shall give such notice as soon as the necessity for the leave arises. Where the FMLA leave is for a serious health condition, a medical certification statement must be provided by the employee from the applicable health care provider.

 

Limitations on FMLA leave are applicable where the husband and wife are both employed by the District.

 

Instructional Personnel

 

As to instructional employees, if the leave begins more than five (5) weeks prior to the end of a semester, the employee may be required to continue the leave until the end of the semester, 1) if the leave is for at least three (3) weeks, and 2) the employee's return to work would occur during the three (3) week period prior to the end of the semester.

 

If the leave is requested within five (5) weeks of the end of the semester, the instructional employee may be required to continue on leave until the end of the semester if 1) the leave is longer than two (2) weeks, and 2) the employee would return from leave within two (2) weeks of the end of the semester.

Instructional employees whose family or medical leave extends past five (5) days and begins during the three (3) week period prior to the end of the semester may be required to take the leave until the end of the semester. This does not apply to medical leave for the employee's own serious health condition.

 

Special rules apply to an employee who works principally in an instructional capacity who needs intermittent leave or leave on a reduced schedule to care for a family member, or for the employee's own serious health condition and the employee would be on leave for more than twenty percent of the number of working days over the period the leave would extend. These special rules include being required to take leave for periods of a particular duration or to transfer temporarily to an alternative, equivalent position that better accommodates the leave.

* * *

The Board shall ensure that family and medical leave, consistent with the Family and Medical Leave Act, is provided to all eligible employees. This policy is a brief summary of the legal requirements of the Act. The District will follow the implementing regulations for FMLA, 29 C.F.R. Part 825 with respect to all FMLA applications.

 

The District shall post a notice in designated areas and include a notice stating the pertinent provisions of the Family and Medical Leave Act, including information concerning enforcement of the law.

Adoption Date: June 19, 2007

 

                                                                                                                         9520.3

 

                                                 MILITARY LEAVE

 

The Board of Education recognizes the extensive reemployment rights and protections that federal and state law provide for employees on a military leave of absence. The Board's aim is to guarantee that employees who leave the security of their jobs and family be restored to the status and position they would have enjoyed had they worked continuously in such employment. Pursuant to this goal, military leaves shall incorporate the following requirements:

 

  1. all school district employees shall be granted leaves for obligatory military service, including fulfillment of annual National Guard training commitments;
  2. an employee who is engaged in military service and who leaves a position, other than a temporary position, shall be entitled to be restored to such position or to a position of like seniority, status and pay when that individual returns from military service;
  3. such employee shall be entitled to participate at his/her own expense in insurance or other benefits offered by the District for employees on a leave of absence that were in effect at the time the individual was called to military service;
  4. an employee called to active duty for more than 90 days cannot be discharged without just cause for one year after reemployment;
  5. all employees shall be paid their salary while absent due to an order of active duty of military service, for a maximum of 30 days or 22 working days, whichever is greater in any calendar year; and
  6. time absent beyond the 22 or 30 day period shall not be counted or included in the public pension or retirement system unless such member contributes to the system the amount the person would have been required to contribute if he/she had been continuously employed during such period.

 

Reemployment rights attach to the returning employee provided the individual receives a certificate of satisfactory completion of military service and makes an application for reemployment within 90 days after being relieved from such service or at any time during the term of the leave.

 

If a teacher is called to active duty, the position vacated shall be continued in existence. The position will be deemed temporarily vacant and filled only when the public interest so requires. Any appointment to fill such a vacancy shall be as a substitute appointment. Such substitute employee shall acquire no right to permanent appointment or tenure by virtue of service as a substitute and such service may be terminated at any time in the discretion of the Board. The substitute appointment shall terminate upon the return of the former incumbent to the position, or upon the death or permanent total disability of the former incumbent, or upon failure of former incumbent to return to the position either by election, appointment or promotion.

 

If a teacher enters military duty before the expiration of a probationary period, the time absent on military duty shall be credited as satisfactory service during such probationary period. If the probation period ends while the teacher is on military duty, the period of such probationary service may be extended by the Board for a period not to exceed one year from the date of termination of such military duty, but in no event for a period beyond that required by the district at the time of the teacher's entry into military service.

 

 

Ref:      Military Law §§242; 243; 244

            Veterans' Reemployment Rights Act 38 USC §§2021-2024

            Internal Revenue Code Notice 90-58

            Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 42 USCA §300bb-1 et seq.

 

Adoption date: March 17, 1998

 

                                                                                                                         9540.2

 

                                       WORKERS’ COMPENSATION

 

Workers’ compensation shall be provided to all district personnel which will include all necessary, medical, surgical and hospital expenses for injuries sustained in the course of employment. Weekly compensation is payable after the first seven days. If the disability exceeds 14 days, payment shall also be made for the first seven days. Workers’ Compensation shall make awards for partial or permanent disability, funeral expenses, surviving spouse and dependent children under 18.

 

Within 24 hours, the Building Principal or immediate supervisor shall complete a Workers’ Compensation report whenever an employee is injured and submit that report to the Superintendent of Schools or his/her designee promptly. In cases of serious injury, the Principal or immediate supervisor shall contact the Superintendent or his/her designee by telephone.

 

Ref:      Education Law §§1604(31); 1709(34); 2503(10)

            Workers’ Compensation Law §§2; 10; 11; 13; 14; 15; 25; 33; 50; 60; 76; 110; 202; 204; 205

            Burlew v. American Mutual Ins. Co.. 63 NY2d 412 (1984)

            Poupard v. Mohonasen CSD, 84 AD2d 660, aff’d 56 NY2d 764 (1982)

 

Adoption date: March 17, 1998

Revision date: September 21, 1999

 

                                                                                                                            9560

 

                                 OPTIONAL PAYROLL DEDUCTIONS

 

The Superintendent shall consider salary deductions at the request of the individual administrators and full-time staff. Such deductions may be paid into tax-sheltered annuities under whatever reasonable program the Superintendent or his/her designee may select.

 

Ref:      Civil Service Law §208

            Education Law §3109

            General Municipal Law §93(b)

            Lehnert v. Ferris Faculty Ass’n, ___ U.S. ___, 111 S.Ct. 1950 (1991)

            UPP v. Newman, 146 AD2d 273 (3d Dep’t 1989)

            Rochester City SD, 10 PERB ¶3097 (1977)

            City of Amsterdam, 10 PERB ¶3007 (1977)

 

Adoption date: March 17, 1998

Revision date: September 21, 1999

 

                                                                                                                            9610

 

                                         STAFF SUBSTANCE ABUSE

 

The Board of Education, recognizing that students are often influenced by teachers and other members of a school's staff, impresses upon staff members the importance of maintaining a high level of professionalism appropriate to their position, which, in turn, shall set a positive example for students.

 

The Board will therefore not permit the consumption, sharing and/or selling, use and/or possession of illegal drugs, counterfeit and designer drugs or alcohol beverages in the workplace, or when the effects of such drugs may impair an employee's job performance. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed.

 

If an employee is found to have violated the terms of this policy or is charged or convicted of a violation of the penal law relating to the use, sale, or gift of any drugs or other substances, he or she may be subject to a range of penalties up to and including dismissal in accordance with the Civil Service and Education Law. Employees charged with violating the penal law relating to the use, sale, or gift of any drugs or other substances shall be temporarily suspended with pay by the Superintendent of Schools pending the disposition of the case by the courts. The employee shall be suspended without pay if a guilty plea is entered or if the employee is convicted of a felony.

 

District employees shall be notified of this policy and its accompanying regulation. The district will offer education programs for all interested district employees with the specific emphasis on:

 

  1. the danger of drug abuse in the workplace;
  2. the recognition of behavior brought on by drug and alcohol use;
  3. the recognition of drugs and drug paraphernalia; and
  4. the immediate steps that must be taken to bring drug and alcohol abuse problems to the attention of the appropriate district authorities.

 

Staff development programs may include:

 

  1. workshops at Superintendent Conference Days led by professionals from the substance abuse/treatment/enforcement fields;
  2. the encouragement of teachers to participate in relevant workshops, conferences and training centers;
  3. Stop Smoking clinics offered by the American Heart and/or American Lung Associations;
  4. Project Adventure workshops held on-site; and
  5. Beginning Alcohol and Addictions Basic Education Studies (BABES) training offered by the Long Island Council on Alcoholism.

  

Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees. An employee may be required to participate in a substance abuse rehabilitation program in lieu of disciplinary action.

 

Employees returning to work after receiving assistance from an appropriate person or agency will be given a listing of persons and groups that he/she may go to for support. The employee will be informed by school officials of the importance of participating in re-entry programs and seeking continued support in combating his/her substance dependency.

 

 

Drug‑Testing of Employees

 

No employee shall be subjected to urinalysis or other form of drug testing without reasonable individualized suspicion that the employee has been using an illegal drug(s). The school attorney shall be consulted before any implementation of such testing. Such testing, if required, will be conducted within the parameters as set forth by section 913 of the New York State Education Law.

 

In its effort to maintain a drug‑free environment, the district shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies.

 

Cross-ref:         9320, Drug-Free Workplace

 

Ref:      Drug-Free Schools and Communities Act (20 USC §§3171 et seq.)

            Civil Service Law §75

            Education Law §3020-a

            Patchogue-Medford Congress of Teachers v. Board of Education,

            70 NY2d 57 (1987)

 

Adoption date: March 17, 1998

 

                                                                                                                            9700

 

                                            STAFF DEVELOPMENT

 

The Board of Education believes that professional growth helps ensure the success of educational programs and improves the effectiveness of the school, as well as individual staff members. The Board encourages instructional staff, pupil personnel staff, and administrative staff to take graduate courses and participate in other activities which would enhance their effectiveness.

 

In addition, the Board also recognizes its responsibility to encourage staff development through goal-setting, budgetary commitment, and monitoring of staff development activities. The Board's decision to implement in-service activities, conference attendance, workshop participation, etc., is done in light of the fiscal constraints imposed on the Board. It is the Board's responsibility to make the most effective use of the resources available in providing a strong educational program for the children of the district. In-service activities will be weighed against other essential expenditures of resources.

 

In-service programs will be conducted in the district by the Superintendent of Schools or other appropriate personnel at least annually. The Superintendent or designee is directed to provide for the selection of subjects pertinent to the curriculum in the schools, and to build from these subjects In-Service or Staff Development courses which will help teachers in new methods acceptable to the schools, or to help them to improve techniques already in use. Such programs will also familiarize the professional staff with the provisions and purposes of the school conduct and discipline policy, to ensure its effective implementation. Instructional and pupil personnel service staff are encouraged to participate in in-service activities.

 

The Superintendent or designee has authority to approve release time and expenses for individual staff members' attendance at professional training conferences, study councils, inservice courses, workshops, summer study grants, school visitations, professional organizations, etc., within budgetary constraints. Prior approval must be obtained from the Superintendent or designee. In addition, the staff member may be requested by the administration to prepare a report or summary of the meeting attended.

 

Support Staff

 

In-service activities for the classified staff will be provided within the financial constraints of the district. Attendance at such activities will be with the prior approval of the Superintendent or designee. In addition, the staff member may be requested by the administration to prepare a report of summary of the meeting attended.

 

Cross-ref:         5310, Student Discipline

           

Ref:      Education Law §3604(8)

            8 NYCRR Part 80; §100.2(e)(vii)

 

Adoption date: March 17, 1998

 

                                                                                                                            9710

 

                                 VISITATIONS AND CONFERENCES

 

Visitations or attendance at professional meetings or conferences during school hours must be approved in advance by the Superintendent of Schools or designee. Receipts shall be submitted on approved forms to the Superintendent or designee for reimbursement of expenses.

 

Ref:      General Municipal Law §77-b

 

Adoption date: March 17, 1998

 

                                                                                                                        9720

 

                      PROFESSIONAL RESEARCH AND PUBLISHING

 

The Board of Education recognizes the value of educational research conducted by staff members. Through this policy, the Board wishes to encourage educational creativity and to define and safeguard the rights of the district and district employees.

 

A district employee who develops materials which may be copyrightable is required to cooperate with the district in defining and establishing rights to the materials. This obligation extends to any materials made on district time or using district facilities. When materials have been generated, the employee will promptly provide the Superintendent of Schools, or his/her designee, with a statement describing the circumstances under which the materials were produced.

 

Materials or programs created as part of the employee's professional responsibilities will be the property of the Board. The Board will patent or copyright all such materials in its own name; however, such items will bear the name of the creator. All royalties from the production of this material or program will be returned to the school. In order to stimulate future creations, the Board may agree to distribute a proportion of the royalties to the innovator(s) and producer(s) of the material or programs.

 

If the employee has developed the materials on his/her own time, but while using school facilities, the employee shall permit the district to use the material without the payment of royalty.

 

When the materials or programs are created solely by an employee on her/his own time, the copyright will be the property of the individual employee if the material has been created solely at the author's expense on his/her own time. Any written material or patentable projects in the development form may be prepared at school expense and sold through the bookstore at the cost of production and handling if used in district classes.

 

The Superintendent shall establish regulations to administer the Board's principle and policies concerning the development of copyrightable materials for research and publication.

 

Adoption date: March 17, 1998