9000

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. The Board of Education sets policies and procedures that do not discriminate against any individual regardless of race, color, religion, creed, national origin, gender, sexual orientation or disability.

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. It is in the district’s best interest to:

1. Avoid conflicts of interest between work-related and family-related obligations;

4. Limit the scope and possibilities of inter-office or intra-office dating, thereby decreasing the likelihood of sexual harassment challenge, by the promulgation of this policy.

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. Additionally, no relative of an employee or a board member shall be hired if the interest of either relative and the employee or the relative and the district would be in conflict or if the hiring of the relative could result in a conflict of interest with existing vendors of the district. 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 of Schools.

If the relative of an employee becomes elected to the Board of Education, the employee’s employment with the district shall not be negatively affected, nor shall special consideration be given, because of his/her relationship to the person serving on the Board of Education.

If employees becomes relatives after both employees are hired by the district, the employees shall not thereafter work in any position or location where a direct line of supervision exists between such employees.

Relatives shall include spouses, sons, daughters, sisters, fathers, mothers, aunts, uncles, nieces, nephew, brothers-in-law, sisters-in-laws, sons-in-laws, daughters-in-law, fathers-in-law and mothers-in-law.

Grievance procedures are designed to resolve conflicts that may arise among various members of the staff. These procedures are defined in collective bargaining agreements. Staff members have the right to present complaints and grievances in accordance with the established procedures free from coercion, interference, restraint, discrimination or reprisal.

The district shall implement a multi‑stage grievance procedure and an appellate stage for the settlement of grievances pursuant to the General Municipal Law. In addition, the district shall implement procedures and regulations and designate an employee to carry out the responsibilities under Title IX and Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA).

This policy and accompanying regulation (9140.1-R) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. Staff complaints that are not covered under the General Municipal Law, or cannot be resolved under procedures of Title IX and Section 504 or the ADA shall be subject to the discretion of the Board of Education as to the method by which the complaint may be brought.

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 parents/guardians, employees, eligible students and the community. The public notice shall:

This regulation and accompanying policy (9140.1) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. The resolution of staff complaints alleging any action prohibited by Title IX, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following manner:

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 Superintendent of Schools and must adhere to the following points to be approved:

officers and/or employees of the district are required to work through mealtime in order to address the business at hand;
the district is faced with business of an immediate nature and meetings of district employees are essential at mealtime;
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);
light refreshments may be provided on Superintendent Conference Days, Ed Planning Sessions, Building Inspections, and Budget Review Meetings;
expenditures for alcohol are not permitted;
all meals will conform with the District's Wellness Policy;
the U. S. General Service Administration ("GSA") reimbursement rates for Nassau County will be used as a guideline for the reasonable expenditure of funds.

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

1^st Reading & Adoption: October 24, 2006

9240.1

The Board of Education recognizes that from time to time there will be a need to employ certified and non-certified staff who have not received clearance for hiring as of the date they are scheduled to begin working.

Therefore, to provide for the safety of students who have contact with an employee holding a conditional appointment or an emergency conditional appointment, the Board adopts the following policy.

All building administrators shall be informed of those members of their staff who hold conditional or emergency conditional clearance.

No district employee who holds a conditional or emergency conditional appointment shall be in contact with students other than to provide the specific instruction or other services for which the employee was hired, except as deemed appropriate by the Building Principal. The building administrators shall make efforts to not assign two conditionally appointed employees to the same classroom.

No district employee who holds a conditional or emergency conditional appointment shall teach a class or provide services to students with his/her classroom or office door closed unless the Building Principal has provided express prior permission to do otherwise. Such permission may be appropriate, for example, during music class, band practice or testing procedures.

All conditionally appointed or emergency conditionally appointed district employees shall be directed not to be alone in an office or classroom with an individual student. The Building Principal or his/her designee shall provide heightened administrative supervision of such employees while on school district property during the period of their conditional or emergency conditional appointment including, for example, unannounced visits to classrooms, walking the hallways, and/or any other activities the Principal determines to be appropriate.

Conditionally or emergency conditionally appointed staff will be advised that if there is a need to meet individually with students, such meetings shall be scheduled with the Principal or his/her designee in attendance.

In addition, the district will ensure that all conditional and emergency conditional appointed employees become aware of and receive training regarding the prohibition against child abuse in an educational setting and of their responsibility for reporting any such abuse at the commencement of their conditional or emergency conditional appointment.

Failure to comply with this policy will result in appropriate disciplinary action.

For purposes of this policy, the terms "conditional appointment" and "emergency conditional appointment" shall refer to any appointment of a district employee (certified or otherwise) pursuant to Section 1709, Subdivision 39 of the Education Law.

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 employment of substitute teachers will be centralized for the district in the office of the Superintendent of Schools. 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.

The Board establishes and defines the following categories of teacher replacements, in recognition that there is a need to define the various categories of teachers who are replacements for teachers that are temporarily absent from school.

A Per Diem Substitute Teacher is one who is employed to replace a teacher on a day-to-day basis. While in this capacity, the substitute shall be paid the per diem rate approved by the Board and shall not be placed on the regular salary schedule nor receive other employee benefits except as prescribed by statute, Commissioner’s Regulations or Board policy, and does not have probationary status.

A Regular and/or Permanent Substitute Teacher is one who has replaced a particular teacher for at least ten consecutive school days while serving as a Per Diem Substitute. The regular substitute shall be paid the per diem rate approved by the Board and shall not be placed on the regular salary schedule nor receive other employee benefits except as prescribed by statute, Commissioner’s Regulations or Board policy, and does not have probationary status.

A Replacement Teacher is one who would be hired to replace a teacher on sabbatical leave, family leave or other forms of leave of absence. It is not a permanent position. The teacher will not be placed on probation but will be entitled to be placed on the salary schedule according to his/her background and experience and will be receive all fringe benefits prescribed by statute, Commissioner’s Regulations or Board policy.

In accordance with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, the Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of any controlled substances and alcohol in the workplace. “Workplace” shall mean any site on school grounds, at school-sponsored activities, or any place in which an employee is working within the scope of his/her employment or duties. “Controlled substances” shall include all drugs which are banned or controlled under federal or state law, including those for which a physician's prescription is required, as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages.

The Superintendent of Schools or his/her designee shall implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act Amendments of 1989, which provide for:

c. any available drug counseling, rehabilitation, and employee assistance programs; and

3. “Standards of Conduct” for employees that clearly prohibit, at a minimum, the unlawful manufacture, distribution, dispensation, possession or use of controlled substances and alcohol in the school environment or as part of any of its activities. Such standards will include a statement that sanctions, consistent with local, state and federal law, including possible termination of employment and referral for prosecution, will be imposed on employees who violate the “Standards of Conduct.”

4. The providing of a copy of the “Standards of Conduct” to employees, and notification to employees that compliance with the “Standards of Conduct” and the drug-free school environment is mandatory.

5. The issuance of statements providing information about any available drug and alcohol counseling, and rehabilitation and re-entry programs that are available to employees.

6. The notification to each employee that he/she shall be required to notify the Superintendent of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days of such conviction. The Superintendent shall notify the Board of Education of any such conviction(s), and shall notify the granting agency within 10 days after receiving notice of such conviction(s) from any source.

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

7. The district’s continued good faith efforts for maintaining a drug-free workplace through implementation of these regulations.

8. A biennial review by the district of its program to determine its effectiveness and implement changes to the program if they are needed; and to ensure that the applicable sanctions are enforced if there is a violation of the drug-free school environment policy and/or “Standards of Conduct.”

The school district is committed to make every effort to have a drug and alcohol-free school environment. In furtherance of this commitment, and in accordance with PL 101-226 (the Drug Free Schools and Communities Act Amendments of 1989), the district has adopted “standards of conduct” for employees as follows:

1. The manufacture, distribution, dispensation, possession, and/or illegal use of controlled substances and alcohol by employees on school premises is prohibited.

2. The use of controlled substance and alcohol by employees prior to attending school which results in the intoxication of the employees while on the school premises is likewise prohibited.

3. Employees who feel that their work performance may be affected by prescribed medication are encouraged to report potential side effects to their supervisor.

4. Employees requesting aid and guidance in alcohol and drug abuse resolution will be dealt with on a confidential basis.

5. Compliance with these “standards of conduct” is mandatory. Sanctions, consistent with local, state and federal, law, including possible termination of employment and referral for prosecution, will be imposed on employees who violate the “standards of conduct”.

The Board of Education authorizes the Superintendent of Schools to assign a teacher to teach a subject not covered by the teacher's certificate for up to five classroom hours a week when the Superintendent believes it is in the interests of the school district. In order to accomplish this, the Superintendent shall, pursuant to the regulations of the Commissioner of Education:

In addition, the Superintendent shall ensure that the district informs parents about incidental teaching assignments by at least one of the following methods: public discussion at a Board meeting, publication in a newsletter, or posting letters to parents.

The information provided should include the teacher's experience and knowledge of the subject matter so parents are aware of the teacher's qualifications to teach the subject.

If a parent appeals an incidental teaching assignment, the appeals process shall begin with the filing of a written complaint with the Principal. If the complaint remains unresolved at this level, the complaint is appealable to the Superintendent. If still unresolved, the parent may appeal to the Board for a final determination. If the complaint concerns a particular teacher's qualifications, the Board may meet in executive session to discuss the issue.

Consistent with the federal Family and Medical Leave Act of 1993, the Board of Education recognizes the right of eligible employees to unpaid family and medical leave for up to twelve (12) weeks during any twelve (12) month period. The Board shall ensure that all eligible employees who use such leave shall have their health benefits continued and shall be returned to an equivalent position according to established Board practices, policies and collective bargaining agreements.

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.

At the employee’s option, accrued paid leave may be used simultaneously with, but not in place of, FMLA leave. 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 is practical. The district may require certification from a health care provider if medical leave is requested. When an employee returns following a leave, the Superintendent of Schools or designee may reassign an employee consistent with collective bargaining agreements to a different building or other assignment as long as the assignment is equivalent to the one the employee had prior to the FMLA leave. This will include reassignment of grade level for teachers consistent with the teacher’s certification and tenure area.

The Board shall ensure that family and medical leave, consistent with the Family and Medical Leave Act, is provided to all eligible employees, unless they are covered by a collective bargaining agreement which provides greater leave benefits than this Act.

The Board of Education shall provide various opportunities for on-going staff development to ensure continuous professional growth. In-service courses, collegial circles and other sustained models of professional development shall be supported via consultation with district level curriculum committees, the Valley Stream Teacher Center and Nassau BOCES. Various staff development models are recognized for credit toward placement on the salary schedule, as outlined in the appropriate negotiated agreement, or in activities as may be recommended by the Superintendent of Schools, and approved by the Board of Education. Further, it is expected that a variety of professional development opportunities will be provided in each school under the direction of the Building Principal, Director of Special Services, and/or Assistant Superintendent for Curriculum and Instruction

It is the Board’s intent that staff members be permitted to attend educational conferences. It is expected that those who attend conferences shall be selected based upon the need to keep abreast of current educational research and practices related to their teaching assignment, and that attendees will be expected to share information gleaned with fellow staff members.

The district, within the limits of the authorization, shall pay actual expenses. The Superintendent may authorize local conference attendance, which he/she will report to the Board at a subsequent meeting. The Superintendent may also approve overnight conferences, and will make written quarterly reports on that activity to the Board.