Policy Manual - Bucks County Intermediate Unit #22
Transcription
Policy Manual - Bucks County Intermediate Unit #22
BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS BYLAWS OF THE BOARD SERIES 1000 TITLE NUMBER MEMBERS ELECTION NONVOTING ALTERNATE TERM VACANCIES RESIGNATION REMOVAL OFFICERS AND AUXILIARY PERSONNEL ELECTION OF OFFICERS PRESIDENT VICE PRESIDENT SECRETARY TREASURER SOLICITOR AUDITOR CONSULTANTS POWERS AND FUNCTIONS OF THE BOARD RESPONSIBILITIES DUTIES MISSION STATEMENT AND GOALS POLICY DEVELOPMENT SYSTEM COMMITTEES LIAISONS 1010 1020 1030 1040 1050 1060 1110 1120 1121 1122 1123 1130 1135 1140 1210 1215 1220 1230 1240 1245 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS BYLAWS OF THE BOARD SERIES 1000 TITLE NUMBER POWERS AND FUNCTIONS OF THE BOARD - Continued BOARD - EXECUTIVE DIRECTOR RELATIONSHIP MAIL BALLOTS IN LIEU OF ANNUAL CONVENTION 1250 1260 BOARD MEETINGS REGULAR BOARD MEETINGS PAYMENT OF BILLS WHEN MEETING CANCELLED SPECIAL BOARD MEETINGS WORK SESSIONS EXECUTIVE SESSIONS AGENDA FORMAT, PREPARATION AND DISSEMINATION QUORUM USE OF TELECONFERENCING FOR QUORUM ORDER OF BUSINESS RULES OF ORDER VOTES REQUIRED PUBLIC PARTICIPATION MINUTES NEWS MEDIA 1310 1311 1315 1318 1320 1330 1340 1340.1 1350 1355 1360 1370 1380 BOARD MEMBER SERVICES NEW BOARD MEMBER ORIENTATION BOARD DEVELOPMENT OPPORTUNITIES (Conferences, Conventions, Workshops) BOARD MEMBER REIMBURSEMENT FOR EXPENSES BOARD MEMBER INSURANCE 1410 1420 1430 1440 BYLAW REVISIONS CHANGES AND AMENDMENTS 1990 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INTERNAL OPERATIONS SERIES 2000 TITLE NUMBER ORGANIZATIONAL STRUCTURE 2010.3 POSITION DESCRIPTIONS AND GUIDES 2010.5 TEMPORARY ADMINISTRATIVE ARRANGEMENTS 2015 PERSONNEL CONFLICT OF INTEREST 2020 NEPOTISM 2021 EQUAL OPPORTUNITY EMPLOYMENT 2100 NEW POSITION APPROVAL 2110 BEHAVIOR SUPPORT POLICY 113.2 ELIMINATING A POSITION 2115 EMPLOYEE BACKGROUND CHECKS 2120 EMPLOYEE SAFETY 2130.1 WORKERS’ COMPENSATION-ALTERNATIVE EMPLOYMENT 2130.2 WORKERS’ COMPENSATION-PANEL OF PHYSICIANS 2130.3 AIDS 2131 SMOKING 2132 DRUG/ALCHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 EMPLOYEE ASSISTANCE PROGRAM 2135 FAMILY AND MEDICAL LEAVE ACT 2136 ANTI-VIOLENCE/HARASSMENT 2137 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INTERNAL OPERATIONS SERIES 2000 TITLE NUMBER DIVERSITY AWARENESS 2138 CELLULAR PHONE USAGE 2139 WORKING DAY AND SCHEDULE 2140 INSTRUCTION MATERIALS SERVICES COPYRIGHTS, PATENTS, TRADEMARKS, ROYALTIES, AND RELATED MATTERS 2146 INSTRUCTIONAL MATERIALS SERVICES BOARD COPYRIGHT POLICY 2147 INSTRUCTIONAL MATERIALS SERVICES SELECTION OF MATERIALS TECHNOLOGY USE POLICY 2148 815 WEAPONS BAN ON USE OR POSSESSION BY STAFF/STUDENTS 2150 PUBLIC INQUIRIES AND CONCERNS 2151 SCHOOL VOLUNTEERS 2155 HEALTH INSURANCE INFORMATION PRIVACY 2160 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* TITLE NUMBER PERSONNEL PROCESSES FULL-TIME AND PART-TIME EMPLOYMENT 3100 PERSONNEL RECORDS 3105 PERSONNEL SELECTION 3115 CERTIFICATION 3125 EMPLOYEE HEALTH REQUIREMENTS 3130 ORIENTATION OF STAFF 3135 RECRUITMENT AND TRANSFER 3145 EVALUATION 3150 REQUIRED TRANSPORTATION 3160 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INTERNAL OPERATIONS SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 ACTIVITIES PROFESSIONAL EDUCATIONAL CONSULTING OR TEACHING RELATED SERVICES 3205 CONFERENCES, SEMINARS, MEETINGS, ATTENDANCE 3210 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* ACTIVITIES (continued) PROBLEMS SOLVING PROCEDURE 3215 EMERGENCY SCHOOL CLOSING 3220 COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 3305 PAYROLL DEDUCTIONS 3310 TRAVEL AND EXPENSES 3315 TUITION REIMBURSEMENT 3325 REIMBURSEMENT FOR WORK/HEALTH EXPENSES 3330 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* INSURANCE DENTAL 3340.1 DISABILITY 3340.2 HOSPITALIZATION AND MEDICAL INSURANCE 3340.3 LIFE 3340.4 LIABILITY 3340.5 VISION 3340.6 WORKER’S COMPENSATION 3340.7 TRAVEL ACCIDENT 3340.8 PRESCRIPTION DRUGS 3340.9 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* ABSENCES 3405.0 PERSONAL ILLNESS-INJURY 3405.1 COURT WITNESS-JURY DUTY 3405.2 PERSONAL REASONS 3405.3 BEREAVEMENT 3405.4 VACATION 3405.5 EMERGENCY 3405.6 LEAVES SABBATICAL 3410.0 CHILDREARING 3410.1 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* LEAVES (Continued) MILITARY 3410.3 PROFESSIONAL LEAVE 3410.6 HEALTH AND HARDSHIP 3410.7 SEPARATION RESIGNATION 3505 DISMISSAL 3510 REDUCTION IN FORCE 3515 RETIREMENT 3520 LONGEVITY INCENTIVE 3520.2 RETIREE MEDICAL INSURANCE PROGRAM 3520.6 RETIREE LIFE INSURANCE 3520.7 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL SERIES 4000 Instructional personnel shall include personnel who are job classified as full-time and regular part-time special education teachers, resource teachers, itinerant teacher and any other employee required to be certified or licensed by the Pennsylvania Department of Education or other appropriate agencies (excluding those employees who meet the definition of Administrative, Supervisory and Consultative Personnel), (Policy 3000). Instructional personnel who are duly certified and serving as “professional employees”, as defined in the Public School Code of 1949, as amended, are entitled to the benefits, rights and privileges provided to all Instructional Personnel by Board policy. TITLE NUMBER PERSONNEL PROCESSES PERSONNEL RECORDS 4105 PERSONNEL SELECTION 4115 EMPLOYEE HEALTH REQUIREMENTS 4130 ORIENTATION OF STAFF 4135 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER PERSONNEL PROCESSES - Continued ASSIGNMENT 4140 TRANSFER 4145 EVALUATION 4150 REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER ACTIVITIES - Continued CONFERENCES, SEMINARS, MEETINGS ATTENDANCE 4210 PROBLEM SOLVING PROCEDURE 4215 EMERGENCY SCHOOL CLOSING 4220 CONTRACT TERM 4225 SCHOOL CALENDAR 4230 LENGTH OF WORKING DAY 4235 PROFESSIONAL GROWTH 4240 PROFESSIONAL EDUCATION SERVICES 4245 SUBSTITUTE EMPLOYEES 4255 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 4305 PAYROLL DEDUCTIONS 4310 INSURANCE LIFE 4340.4 LIABILITY 4340.5 VISION 4340.6 WORKMAN’S COMPENSATION 4340.7 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER ABSENCES 4405.0 PERSONAL ILLNESS/INJURY 4405.1 JURY DUTY/COURT WITNESS 4405.2 PERSONAL LEAVE DAYS 4405.3 BEREAVEMENT LEAVE 4405.4 DISCRETIONARY LEAVE 4405.6 LEAVES 4410.0 CHILDREARING 4410.1 SABBATICAL 4410.2 MILITARY LEAVE 4410.3 MEDICAL LEAVE 4410.4 PERSONAL LEAVE 4410.5 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER SEPARATION RESIGNATION 4505 DISMISSAL 4510 REDUCTION IN FORCE 4515 RETIREMENT 4520 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER Classified personnel shall include personnel who are job classified as full-time and regular part-time technicians, skilled employees, semi-skilled employees and instructional assistants. Classified personnel are extended the rights, benefits and privileges provided them by Board policy, in addition to any accorded them under the Public School Code. TITLE NUMBER PERSONNEL PROCESSES FULL AND PART-TIME EMPLOYEES 5100 PERSONNEL RECORDS 5105 PERSONNEL SELECTION 5115 EMPLOYEE HEALTH REQUIREMENTS 5130 ORIENTATION OF STAFF 5135 RECRUITMENT AND TRANSFER 5145 EVALUATION 5150 PROBATION 5155 SUPERVISION, DISCIPLINE, AND DISCHARGE POLICY 5165 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 ACTIVITIES PROBLEM SOLVING PROCEDURE 5215 EMERGENCY SCHOOL CLOSING 5220 SUBSTITUTE EMPLOYEES 5255 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 5305 PAYROLL DEDUCTIONS 5310 TRAVEL AND EXPENSES 5315 TUITION REIMBURSEMENT 5325 INSURANCE DENTAL 5340.1 DISABILITY INCOME PROTECTION 5340.2 HOSPITALIZATION AND MEDICAL INSURANCE 5340.3 LIFE 5340.4 VISION 5340.5 VISION 5340.6 WORKMAN’S COMPENSATION 5340.7 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL SERIES 5000 TITLE NUMBER PRESCRIPTION DRUGS 5340.9 ABSENCES 5405.0 PERSONAL ILLNESS/INJURY 5405.1 JURY DUTY/COURT WITNESS 5405.2 PERSONAL REASONS 5405.3 BEREAVEMENT 5405.4 VACATION 5405.5 EMERGENCY 5405.6 LEAVES 5410.0 FAMILY LEAVE MILITARY 335 5410.3 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER LEAVES (continued) SICK LEAVE 334 PERSONAL NECESSITY LEAVE 336 VAN DRIVER’S PERSONAL LEAVE 5410.6 SEPARATION RESIGNATION 5505 DISMISSAL 5510 RETIREMENT 5520 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS SCHOOL AND COMMUNITY RELATIONS SERIES 6000 TITLE NUMBER GOALS 6110 DATA MANAGEMENT (Public Use of School Records) 6125 NEWS MEDIA RELATIONS 6130 INSPECTION OF RECORDS 6160 EDUCATION RECORDS 6165 RECORDS MANAGEMENT • RECORDS RETENTION • RECORDS DESTRUCTION 6170 6170.1 6170.2 PROCUREMENT CARDS 6175 BUCKS COUNTY INTERMEDIATE UNIT #22 POLICY MANUAL TABLE OF CONTENTS BUSINESS OPERATIONS SERIES 7000 TITLE NUMBER PLANNING AND PREPARATION 7010 PUBLICATION AND PUBLIC REVIEW 7030 DISTRICT BOARD APPROVAL OF GENERAL OPERATING BUDGET GRANTS 7040 7100 SALE, RENTAL, AND DISPOSAL OF EXCESS EQUIPMENT, MATERIALS AND SUPPLIES 7130 GIFTS AND BEQUESTS 7140 FUNDS MANAGEMENT INVESTMENT OF FUNDS 7150.2 BANK ACCOUNTS 7150.3 AUTHORIZATION TO PAY BILLS 7150.4 BUCKS COUNTY INTERMEDIATE UNIT # 22 POLICY MANUAL TABLE OF CONTENTS BUSINESS OPERATIONS SERIES 7000 TITLE NUMBER PURCHASING PROCEDURES 7220 DISBURSEMENT 7230 ACCOUNTS 7300 OPERATION AND MAINTENANCE OF FACILITIES 7410 SAFETY EMERGENCY PREPAREDNESS INTERMEDIATE UNIT VISITORS 705 805 907 • • • AUXILIARY AGENCIES TRANSPORTATION 7800 POLICY STATEMENT POLICY NO. 1010 BYLAWS OF THE BOARD ORGANIZATION MEMBERS ELECTION The Bucks County Intermediate Unit No. 22 Board of Directors shall be composed of thirteen members, one member from each of its thirteen school districts. To stand for election the Bucks County Intermediate Unit No. 22 Board of Directors, a director from a member school district shall be nominated by a majority vote of the Board of Directors of that member district. A record of that vote shall be transmitted to the Bucks County Intermediate Unit No. 22 prior to election to the Bucks County Intermediate Unit No. 22 Board of Directors. The election of Directors to the Bucks County Intermediate Unit No. 22 Board of School Directors shall be proportionate ballot and each school director of each school district within the Bucks County Intermediate Unit shall be entitled to a vote. The proportionate vote which each school board member shall be entitled to cast is determined by the Secretary of Education each February. The local school district directors shall elect members by mail ballot. Ballots will be distributed to each local board secretary in February and shall be received and tallied by the Bucks County Intermediate Unit Board President and Secretary immediately prior to the regularly scheduled Intermediate Unit Board meeting in April. The term of office begins July 1st. S.C. 910-A Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1020 BYLAWS OF THE BOARD ORGANIZATION MEMBERS NONVOTING ALTERNATE An alternate may be officially designated by a local school board to attend Bucks County Intermediate Unit No. 22 Board of Directors meetings in the absence of its elected Intermediate Unit Board member. The alternate may participate in all Bucks County Intermediate Unit Board meetings, including Executive Sessions, but the alternate may not vote on issues before the Board. The local school district shall notify the Bucks County Intermediate Unit No. 22 of the name of its designated official alternate. It is the responsibility of the Bucks County Intermediate Unit Board member to notify the Executive Director or, in his/her absence, the Secretary of the Board, of when the alternate will attend a meeting in the directors absence. S. C. 910-A Board adopted 06/19/1990 POLICY POLICY NO. 1030 STATEMENT BYLAWS OF THE BOARD ORGANIZATION MEMBERS TERM The term of office is for three years, commencing July 1 of the first year and ending June 30 in the third year. There shall be no limit to the number of successive terms served by members. The schedule for elections is as follows: TERM 2014, 2017, 2020 Central Bucks 2015, 2018, 2021 Pennridge Pennsbury School Code 910-A(c) Board adopted 6/19/90 Board revised 07/20/05 Board revised 10/15/13 2016, 2019, 2022 Bensalem Bristol Borough Morrisville Palisades TERM Centennial Bristol Township Neshaminy Council Rock TERM New Hope-Solebury Quakertown Comm. POLICY STATEMENT POLICY NO. 1040 BYLAWS OF THE BOARD ORGANIZATION MEMBERS VACANCIES Vacancies occur on the Bucks County Intermediate Unit Board of Directors upon death, resignation, removal, or when a person no longer holds the office as a school director within one of the thirteen component school districts. To fill a vacancy on the Bucks County Intermediate Unit Board of Directors, A director from the appropriate member district shall first be nominated by a majority vote of the board of directors of that member district and A record of the vote shall be transmitted S. C. 910-A(d) Board adopted 06/19/1990 POLICY STATEMENT POLICY NO. 1050 BYLAWS OF THE BOARD ORGANIZATION MEMBERS RESIGNATIONS A Bucks County Intermediate Unit Board member who chooses to resign from the Intermediate Unit Board shall submit a letter of resignation to his/her local Board Secretary and the Bucks County Intermediate Unit Board Secretary. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1060 BYLAWS OF THE BOARD ORGANIZATION MEMBERS REMOVAL Any member of the Bucks County Intermediate Unit Board of Directors may be removed from membership on that Board in the same manner and for the same cause or causes as prescribed in law for members of a local school district Board of directors. A Bucks County Intermediate Unit Board of Directors member may be removed for: (a) Neglect or refusal to attend two successive regular meetings of the Board, unless detained by sickness or prevented by necessary absence; (b) If in attendance at any meetings, shall refuse or neglect to act in his/her official capacity as a school director. The remaining members of the Board may declare, by a majority vote of the remaining members of the Board, his/her office vacant. S.C. 910-A(e) Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1110 BYLAWS OF THE BOARD ORGANIZATION OFFICIERS AND AUXILIARY PERSONNEL ELECTION OF OFFICERS Annually, during the month of July, the Bucks County Intermediate Unit Board of Directors shall elect a President and Vice President from among its from among its members, a Secretary and a Treasurer, who need not be members. The officers of the Bucks County Intermediate Unit Board of Directors may be from any of the thirteen local school boards. Before he/she enters upon the duties of his/her office of the Secretary of the Board of Directors shall furnish to the Intermediate Unit, for the faithful performance of his/her duties, a bond, in such amount and with such surety or sureties as may be required of him/her, and approved by the Board of Directors. The cost of such bond shall be paid for by the Bucks County Intermediate Unit. The Treasurer may be any individual or corporation duly qualified and legally authorized to transact a fiduciary business within the Commonwealth of Pennsylvania. The Treasurer, before entering upon his/her duties, shall furnish a bond in an amount and with surety or sureties as the Bucks County Intermediate Unit Board may approve. The cost of the bond shall be paid out of the funds of the Bucks County Intermediate Unit. Banks or Trust companies, serving as the Treasurer, need not furnish bond. The Bucks County Intermediate Unit Board may hold an election, at any time, when vacancies occur among the officers. In the event the office of President becomes vacant, the Vice President shall preside until a new President is elected. POLICY STATEMENT POLICY NO. 1110 BYLAWS OF THE BOARD ORGANIZATION OFFICIERS AND AUXILIARY PERSONNEL ELECTION OF OFFICERS – Continued In the event that the Secretary of the Board is absent from a Bucks County Intermediate Unit Board meeting, the first item of business shall be to elect a Secretary Pro Tem for such meeting only. S.C. 912-A Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1120 BYLAWS OF THE BOARD ORGANIZATION DUTIES OF OFFICERS PRESIDENT The President shall be the officer of the Bucks County Intermediate Unit Board of School Directors, who together with the Executive Director and the Secretary, when directed by the Board, shall execute any and all deeds, contracts, reports, and other papers pertaining to the business of the Board, requiring the signature of the President. The President shall perform such other duties as the Board may direct and as pertain to his/her office. The President shall be responsible for the scope and number of standing committees. Board Directors shall be appointed to the standing Committees by the President as soon as possible after the July organization meeting, where they serve until new committee assignments are made. Ad hoc committees may be appointed, charged and assigned a fixed termination date which may be extended from time to time by the President. The incoming President shall honor those individuals appointed to the ad hoc committees until their study is completed and presented to the Board, unless the committee member is unable to participate in the activities of the committee. The President shall appoint the chairman of each committee. The President shall serve as an ex-officio member on all committees. Special meetings of the Bucks County Intermediate Unit Board may be called at the discretion of the President. S.C. 427,405 Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1121 BYLAWS OF THE BOARD ORGANIZATION DUTIES OF OFFICERS VICE PRESIDENT In the absence of the President, the Vice President shall preside at all meetings, call special meetings and, when directed by the Board, shall execute any and all deeds, contracts, and other papers pertaining to the business of the Board, and perform all other duties required of the President. S.C. 428 Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1122 BYLAWS OF THE BOARD ORGANIZATION DUTIES OF OFFICERS SECRETARY The Secretary of the Bucks County Intermediate Unit Board of Directors shall perform the following duties: (1) He/she shall keep a correct and proper record of all the proceedings of the Board and shall prepare such reports and keep such accounts as are required by the provisions of the School Code. (2) He/she shall attest, in writing, to the execution of all deeds, contracts, reports and other instruments that are to be executed by the Board. (3) He/she shall furnish, whenever requested, any and all reports concerning the affairs of the Intermediate Unit on such form and in such manner as the State Board of Education or the Secretary of Education may require (4) He/she shall be the custodian of all the official Board records and the official seal of the Intermediate Unit, and, at the expiration of his/her term, shall turn the same over to his/her successor (5) He/she shall perform such other duties pertaining to the business of the Intermediate Unit as are required by the School Code, by the Board or the Executive Director. POLICY STATEMENT POLICY NO. 1123 BYLAWS OF THE BOARD ORGANIZATION DUTIES OF OFFICERS TREASURER The Treasurer of the Bucks County Intermediate Unit Board of Directors shall perform the following duties: (1) He/she shall receive all State, Federal, local and other funds belonging to the Bucks County Intermediate Unit and make payments out of the same on proper orders, signed by the President, Secretary and Treasurer; (2) He/she shall deposit funds belonging to the Bucks County Intermediate Unit in a Board approved depository and shall for the end of each month make a report to the Bucks County Intermediate Unit Board, of the amount of funds received and disbursed by him, her during the month; (3) He/she shall direct the investment of Bucks County Intermediate Unit funds subject to restrictions contained in the Pennsylvania School Code of 1949 as amended, and any rules and regulations adopted by the Board; (4) He/she may combine monies from more than one fund under Intermediate Unit control for the purchase of a single investment, provided that each of the funds combined for the purpose shall be accounted for separately in all respects and that the earnings from the investment are separately and individually computed and recorded, and credited to the accounts from which the investment was purchased; (5) He/she shall perform such other acts and duties pertaining to the Intermediate Unit as the Bucks County Intermediate Unit Board of Directors or the Executive Director may direct, or as may be required of him by law, and at the end of his term the Treasurer shall promptly deliver to his/her successor all books, accounts, and other property of the Intermediate Unit; (6) The accounts of the Treasurer shall be audited annually. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1130 BYLAWS OF THE BOARD ORGANIZATION APPOINTMENT OF AUXILIARY PERSONNEL SOLICITOR The Bucks County Intermediate Unit Board of Directors shall appoint a firm as its solicitor to provide legal counsel to the Board and the Executive Director, annually, in the month of July. S.C. 406 Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1135 BYLAWS OF THE BOARD ORGANIZATION APPOINTMENT OF AUXILIARY PERSONNEL AUDITOR The Bucks County Intermediate Unit Board of Directors shall appoint annually an independent local auditor to audit, by November of each year, the financial records of the Bucks County Intermediate Unit for the preceding fiscal year, and to report its findings and recommendations to the Intermediate Unit Board. Board adopted 06/19/90 POLICY POLICY NO. 1140 STATEMENT BYLAWS OF THE BOARD ORGANIZATION APPOINTMENT OF AUXILIARY PERSONNEL CONSULTANTS The Bucks County Intermediate Unit Board of Directors may engage professional consultant(s) to provide services to the Board. The Executive Director at the Board's direction, shall negotiate a contract for such services which defines the services to be provided, and shall include a time frame for the delivery of such services and the compensation and related expenses for the consultant(s). Board adopted 06/19/90 POLICY POLICY NO. 1210 STATEMENT BYLAWS OF THE BOARD ORGANIZATION DUTIES AND FUNCTIONS OF THE BOARD RESPONSIBILITIES The Bucks County Intermediate Unit Board shall constantly endeavor: 01. To devote time, thought and study to the duties and responsibilities of the Intermediate Unit Board. 02. To work with fellow Board Directors in a spirit of harmony and cooperation in spite of differences of opinion that may arise during vigorous debate; a) to focus on issues, not personalities b) to treat in confidence comments or positions made in private by individual Board Members c) to accept the will of the majority vote in all cases and give wholehearted support to the resulting resolution. 03. To remember at all times that, as individuals, Board Directors have no legal authority outside the meetings of the Board. Directors are to conduct relationships with the Intermediate Unit staff, school districts' staff, the local citizenry, and all media of communication on the basis of this fact. 04. To vote honest convictions in every case, un-swayed by partisan and regional bias of any kind. POLICY STATEMENT POLICY NO. 1210 BYLAWS OF THE BOARD ORGANIZATION DUTIES AND FUNCTIONS OF THE BOARD RESPONSIBILITIES - Continued 05. To resist every temptation and outside pressure to use the Director's position to personally benefit or to provide special considerations to an agency or any individual apart from the total interest of the Intermediate Unit. 06. To remember that at public Board meetings all forms of communication to the media shall be channeled through the President of the Board and/or the Executive Director. 07. To remember that when communicating with the media, no Board Director may speak for the Board except when such instruction has been rendered. 08. To refer questions and concerns to the Executive Director and to abstain from individual counsel and actions. Board adopted 6/19/90 POLICY POLICY NO. 1215 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD DUTIES The Bucks County Intermediate Unit Board of Directors shall be the policy making body for the Bucks County Intermediate Unit. Its powers and duties shall be to: 01. Appoint an Executive Director and determine his/her compensation. 02. Appoint Assistant Executive Director(s) upon recommendation of the Executive Director and determine his/her(their) compensation. 03. Approve professional staff appointments upon recommendation by the Executive Director. 04. Adopt employment policies for non-professional staff. 05. Adopt a program of services. 06. Adopt and advertise the Bucks County Intermediate Unit's general operation budget. 07. Provide for and conduct programs of services authorized by the State Board of Education, including services performed under contract with component school districts. 08. Contract for specialized services. 09. Receive federal, state, school district and other monies and authorize the expenditure of same to conduct programs of services. 10. Designate one or more banks or bank and trust companies as a depository or depositories for Bucks County Intermediate Unit funds. Each such depository shall furnish a bond, or collateral in lieu thereof, as is provided in the case of depositories of school funds. 11. Lease and/or purchase land and facilities. 12. Employ a solicitor for such purposes as may be required and fix its compensation. POLICY STATEMENT POLICY NO. 1215 BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD DUTIES – Continued 13. Consolidate and let combined bids for bulk purchases. 14. Purchase or lease equipment and motor vehicles to be used for educational programs and services. 15. Submit the annual general operation budget to individual school boards for approval. 16. Fill vacancies that occur on the Bucks County Intermediate Unit Board. 17. Approve all budgets for programs conducted by the Bucks County Intermediate Unit Board. 18. Operate education classes and programs in accordance with the approved budgets. 19. Develop and approve policies for the operation of the Bucks County Intermediate Unit. 20. Approve a mission statement and strategic plan. 21. Adopt a program of services with assurances of equal educational opportunities. 22. Perform such other duties as may be required by regulations of the State Board of Education. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1220 BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD MISSION STATEMENT AND GOALS The Bucks County Intermediate Unit will engage in strategic planning as a means to establish long-range direction for the organization. The Executive Director will be responsible for organizing a cyclical strategic planning process, which will include representatives from the IU Board and staff, school district staff, and other stakeholders. Upon the recommendation of the planning team and Executive Director, a motion will be presented to the IU Board to approve the mission, goals and strategies of the strategic plan. Board adopted 06/19/90 Board Revised 07/20/05 POLICY STATEMENT POLICY NO. 1230 BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD POLICY DEVELOPMENT SYSTEM It is the intent of the Bucks County Intermediate Unit Board of Directors to develop policies in accordance with the mission statement and goals and put them in writing, so that they may serve as guidelines for the successful and efficient functioning of the Bucks County Intermediate Unit. Through the development and adoption of written policies, the Board exercises its leadership in the governance of the Intermediate Unit; through study and evaluation of reports concerning the execution of its written policies, the Board exercises its oversight of Intermediate Unit operations. The Board considers policy development its chief function, along with providing the personnel, facilities, materials, and equipment for the successful administration and execution of its policies. The policies of the Board are framed, and are meant to be interpreted, in terms of state laws, regulations of the Pennsylvania Department of Education, and other regulatory agencies within our local, county, state and federal levels of government. The policies are also framed, and meant to be interpreted, in terms of those educational objectives, procedures, and practices which are broadly accepted in the public education field. Changes in needs, conditions, purposes, and objectives will require revisions, deletions and additions to the policies of present and future Boards. POLICY POLICY NO. 1230 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD POLICY DEVELOPMENT SYSTEM – Continued 01. a. Initiation Any person within the community (defined here to mean anyone residing within Bucks County or employed by the Bucks County Intermediate Unit) may suggest or recommend policies in writing to the Executive Director. The Executive Director will obtain from the initiator a statement of the need for the proposed policy. b. The Executive Director will be the primary officer for initiating policy development directed by State officials or law. 02. Assembly of Background Material - The Executive Director or his/her designee will gather the following types of information preparatory to drafting a policy statement: a. The effect the proposed policy will have on: 1. 2. 3. 4. students teaching staff community and others administrators b. The fiscal consequences of adopting the proposed policy c. The specific need for the policy d. Samples of similar policies of other boards, if any e. Provisions of state law, where applicable f. Suggestions as to how the policy will be implemented, enforced, and evaluated. 03. Drafting Policy Statement - The Executive Director or his/her designee will draft a policy statement. The Board's legal counsel will be consulted concerning the proposed policy statement and carry out whatever steps are recommended. The tentative draft should be sent to those individuals or groups who may have something to contribute to the policy, or will be responsible for its implementation or subject to its actions. The policy, at the direction of the Board, shall be submitted to the Bucks County Intermediate Unit Board of Directors Policy Committee for review. Upon recommendation of the Committee and review of legal counsel, the policy shall be placed on the Board's agenda. POLICY POLICY NO. 1230 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD POLICY DEVELOPMENT SYSTEM – Continued 04. Board Formal Action - When the draft has been prepared, the policy will be placed on the Board's agenda for a first reading. If no serious objections are raised at this reading, the policy will be scheduled for a second, final reading and adoption at a subsequent board meeting not less than one month subsequent to the first reading. If serious objections are raised at the first or second reading, the Board may refer the proposed policy to the Policy Committee for review. Each reading of the policy will constitute a public hearing before the Board; public discussion will be permitted at that portion of the regular agenda in which the proposed policy introduced. Policies must be adopted, amended or deleted by a majority of the full Board membership. 05. Implementation - The Executive Director will, when applicable, after adoption of the policy, outline the actions to be taken to implement the policy, and where appropriate, issue administrative regulations concerning the policy. 06. Dissemination - Copies of adopted policies shall be distributed as follows: All Directors of the Board Executive Director Assistant Executive Directors Secretary of the Board Program Directors Program Supervisors Solicitor Component School Districts Board Secretaries Copies of this manual shall be numbered and a record maintained by the Executive Director as to the placement of each copy. Copies of revised pages will be furnished to the holders of the manual as changes are made. The Executive Director shall maintain an orderly plan for the promulgation of policies to staff members who are affected by them and shall provide easy accessibility to an up-to-date collection of policies for all employees of the Intermediate Unit. The manual of policies shall be considered a public record and shall be open for inspection in the office of the Secretary of the Board during regular business hours. POLICY POLICY NO. 1230 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD POLICY DEVELOPMENT SYSTEM – Continued 07. Review, Evaluation and Revision - The Bucks County Intermediate Unit Board of Directors Policy Committee shall annually periodically, but not less than every three (3) years, review the Bucks County Intermediate Unit Board policies and make recommendations for amending or deleting existing policies. 08. Administration in Policy Absence - In the absence of a policy in regard to any given situation, the Executive Director shall propose to the Board an interim policy reflecting the best established practice appropriate to the situation. In the absence of a policy where immediate action is required, the Executive Director is authorized to act in accordance with the School Code. The Executive Director shall have the power to implement action within the Intermediate Unit if an emergency situation should develop for which no Board Policy guidelines have been provided. It is the Executive Director's duty to inform the Board of any such action and of official policy. 09. the need for an Development of Administrative Procedures - The Board delegates to the Executive Director the function of specifying required actions and designing the detailed arrangements under which the Intermediate Unit will be operated. These detailed arrangements shall constitute the administrative procedures governing the Intermediate Unit. They shall be defined in written form and organized by subject and date with adequate indexing for easy use. The administrative procedures will be consistent with the policies of the Board. Board adopted 06/19/90 Board revised 6/20/98 POLICY POLICY NO. 1240 STATEMENT BYLAWS OF THE BOARD ORGANIZATION COMMITTEES 1. Committees of Directors, when specifically charged to do so by the Board, shall conduct studies, make recommendations to the Board and act in an advisory capacity. 2. Committees will be organized as follows: a. Standing committees shall not exceed four directors of the Board b. Committee members shall be appointed by the President c. The President shall serve as an ex-officio member on all committees d. The President shall appoint the chairman of the committee e. The President shall be responsible for the scope and number of standing committees. Board Directors shall be appointed to the standing committees by the President as soon as possible after the July organization meeting, where they serve until new committee assignments are made. Standing Committees are listed below along with the major responsibility for each committee. These committees shall not be limited only to those responsibilities. Additional duties may be assumed by the committees as directed by the Board or as needs arise: The Finance Committee may review and recommend the Intermediate Unit General Operating Budget, the Special Education and the Nonpublic Schools Services Budgets, review all audits, and take part in the selection of a local auditor. The Personnel Committee may monitor negotiations and labor relations matters, review personnel problems as directed by the Executive Director, and review and recommend compensation for all Intermediate Unit employees: administrative, instructional and support. The Policy Committee may develop new Intermediate Unit policies as needed and review and recommend policy revisions. POLICY POLICY NO. 1240 STATEMENT BYLAWS OF THE BOARD ORGANIZATION COMMITTEES - Continued The Nominating Committee may recommend the slate of Board officers each year. The Board In-service Committee may formulate programs of interest and information for the Board In-service Sessions, serve as host for the in-service meetings held at the Intermediate Unit facility, and encourage attendance at the Board In-service Sessions by their local school board members. f. Temporary committees may be appointed, charged and assigned a fixed termination date which may be extended by the President. The incoming President shall honor those individuals appointed to the temporary committees until their study is completed and presented to the Board, unless the committee member is unable to participate in the activities of the committee. Board adopted 06/19/90 POLICY POLICY NO. 1245 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD LIAISONS The Bucks County Intermediate Unit Board of Directors shall appoint for a period of one year, by an affirmative vote of the majority of the Board, as soon as possible after the July organization meeting, a member of the Board as liaison to represent the Board on the following Councils or Boards: Legislative Council Bucks County Intermediate Unit Art Collection Trust The Bucks County Intermediate Unit Board of Directors shall appoint, by an affirmative vote of the majority of the Board, as soon as possible after the July organization meeting, a member of the Board as temporary liaison to represent the Board as required. Such appointment shall have a fixed termination date which may be extended from time to time by the Board. Board adopted 06/19/90 POLICY POLICY NO. 1250 STATEMENT BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD BOARD - EXECUTIVE DIRECTOR RELATIONSHIP The primary function of the Board is to establish the policies by which the Intermediate Unit is to be administered. The administration of the education program and conduct of Intermediate Unit business shall be delegated to the Executive Director and his/her staff. 01. The Board's primary role is one of governance and oversight. It determines policies to be implemented by the Executive Director and his/her staff. 02. The Board expects the Executive Director to direct the operation of the Intermediate Unit. As the Intermediate Unit's chief executive officer, the Executive Director implements the Board's action. 03. The Board requires the supervision and evaluation of staff performance by the Executive Director. Individual Board Directors may not interfere with the Executive Director's authority in these areas. b. Individual Board members have the right and responsibility to question and to request Board examination and/or action. 04. Board Directors' suggestions, concerns and questions shall be channeled through the Executive Director's office. If information is assembled in response to the request it should be distributed to all Board members. 05. Board Directors may visit, and are encouraged to do so, the Intermediate Unit classes after first communicating the purpose of such a visit to the Executive Director's office. 06. Board of Directors, as individuals, do not have the authority to interview prospective commissioned officers, administrators, teachers or other Intermediate Unit staff candidates. a. Board approved 06/19/90 Board revised 11/19/91 POLICY STATEMENT POLICY N0. 1260 BYLAWS OF THE BOARD ORGANIZATION POWERS AND FUNCTIONS OF THE BOARD MAIL BALLOTS IN LIEU OF ANNUAL CONVENTION The Bucks County Intermediate Unit Board of Directors chooses, in accordance with the authority granted to it by Act 30 of 1980, to elect its members by mail ballot, said balloting will be accomplished annually during the month of April in each respective year. The Secretary of the Board of Directors is hereby authorized and directed to notify the secretary of the board of directors of each school district comprising the Intermediate Unit prior to January 1 of each year, that the Board of Directors of Intermediate Unit No. 22 has chosen to elect its members by mail ballot. Board adopted 06/19/91 POLICY STATEMENT BOARD MEETINGS REGULAR BOARD MEETINGS Regular meetings of the Intermediate Unit Board of Directors shall be held at the administration building of the Bucks County Intermediate Unit, at 7:00 P.M. in the Board Conference Room, second floor, on the third (3rd) Tuesday of each month with the exception of the month of August when there is no meeting. The Board at its discretion may cancel, change the date and time or may move the meeting to another location in Bucks County. All regular meetings shall be open to the public and the press. Notice of all public Board meetings shall be given by the publication of the date, time and location in a newspaper of general circulation in the upper, middle and lower Bucks area during the month of August, and by posting of such notice at the location of the Board meeting. a. At least three days' public notice shall be given for the first regular meeting of the school year in addition to announcing the schedule of the remaining regular meetings. b. Notice of all special meetings and rescheduled regular meetings shall be given at least 24 hours prior to the meeting, except that such notice shall be waived when an emergency meeting is called. c. Notice of all public meetings shall be given to any general circulation newspaper in Bucks County or radio or television station which so requests, and to any individual who so requests and who provides a stamped, self-addressed envelope for such notice. d. The members shall be given notice by mail seven (7) days prior to the date of the meeting. BYLAWS OF THE BOARD ORGANIZATION POLICY NO. 1310 Board adopted 06/19/90 Board revised 04/98 Board revised 07/20/05 POLICY POLICY NO. 1311 STATEMENT BYLAWS OF THE BOARD BOARD MEETINGS BOARD MEETINGS PAYMENT OF BILLS WHEN A BOARD MEETING IS CANCELLED If any monthly IU Board meeting is canceled due to the lack of a quorum or inclement weather and will not be re-scheduled, the Business Administrator shall review the Bills for Payment, as listed on the Agenda, with the Board President and Vice President and request authorization for payment of same. The list of payments will be submitted to the Board for confirmation at the next regularly scheduled Board meeting. Board adopted 7/15/97 POLICY POLICY NO. 1315 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETINGS SPECIAL BOARD MEETINGS Special meetings may be called by the President or by the Board as a whole. When possible, special meetings shall be announced in advance at a regular meeting of the board. When special meetings are called in the interim between Board meetings, all Board members and the public shall receive adequate notice of the time, place and purpose of such meeting. Except in extreme emergencies, adequate notice shall consist of at least 24 hour written notice to Board members and publication of such notice in the press at least 24 hours in advance. All special meetings shall be open to the public and press, but no public discussion shall be heard on items other than those related to the call of the meeting. Board adopted 06/19/90 POLICY POLICY NO. 1318 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING WORK SESSIONS The Board, as a decision making body, is confronted with a continuing flow of problems, issues, and needs which require action. While the Board is determined to expedite its business, it is also mindful of the importance of planning, brainstorming, and thoughtful discussion without action. Therefore, the Board may schedule work sessions from time to time in order to provide its members and the executive staff with just such opportunities. Topics for discussion and study will be announced publicly, and work sessions will be conducted in accordance with the state law on public meetings. Board adopted 06/19/90 POLICY POLICY NO. 1320 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETINGS EXECUTIVE SESSIONS Executive Sessions may be held prior to, during or after the regular public meeting, or may be announced for a future time. The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session. If the executive session is not announced for a future specific time, members of the Board shall be notified 24 hours in advance of the time of the convening of the meeting specifying the date, time location and purpose of the Executive Session. Executive Sessions may be held for one or more of the following reasons: a. To discuss any matter involving employment, appointment, termination or employment, terms and conditions or employment, evaluation of performance, promotion of disciplinary matter relating to a prospective public officer or employee or current public officer or employee employed or appointed by the Board. b. To hold information and strategy sessions related to negotiations, arbitration of collective bargaining agreements or labor relations matters. c. To consider the purchase or lease of real property not including the official action to purchase or lease. d. To consult with legal counsel or other professional advisors regarding information or strategy in connection with litigation or with issues which identifiable complaints are expected to be filled. e. To review and discuss agency business which, if conducted in public, would violate a lawful privilege or lead to the disclosure of information or confidentiality protected by law. Board adopted 06/19/90 POLICY POLICY NO. 1330 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETINGS AGENDA FORMAT, PREPARATION AND DISSEMINATION The Secretary of the Board, in cooperation with the Executive Director, will be responsible for preparing the agenda for each meeting. Copies of the agenda, minutes of the previous meeting, financial reports, personnel items and relevant supplementary information will be delivered to each Board member at least three days in advance of the meeting. Emergency items received for Board consideration after the printing of the agenda, but before the Board meeting, will be available at the Board meeting. The Board shall follow the order of business set up by the agenda unless the order is altered by the President. Items of business not on the agenda may be discussed and acted upon if a majority of the Board agrees to consider them. Board members, after reviewing the agenda but prior to the Board meeting, may call the Executive Director to express concerns regarding specific items, or to seek answers to questions relevant to material in the agenda. Board adopted 06/19/90 POLICY POLICY NO. 1340 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETINGS QUORUM A quorum shall be seven (7) members of the Board. If a quorum is not present at the stated time for the Intermediate Unit Board meeting to begin, the start of the meeting may be delayed by thirty (30) minutes to allow sufficient time for Board members to arrive to constitute a quorum. If, after a half hour a quorum is not present, the Board President shall declare the meeting cancelled and set the date and time for the next meeting. Board adopted 06/19/90 No. 1340.1 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: BYLAWS OF THE BOARD TITLE: USE OF TELECONFERENCING ADOPTED: 09/16/2008 REVISED: 06/21/2011 02/21/2012 TELECONFERENCING The Bucks County Intermediate Unit No. 22 Board of School Directors recognizes the responsibility of the members to make every effort to attend meetings, but from time to time necessary absence may prohibit attendance. A school director may participate in a regularly scheduled Board meeting by teleconferencing when a quorum of the Board members are not physically present and the Board member is unable to attend in person. A school director may exercise this option no more than twice a year. A school director may exercise the option to participate by teleconference in regularly scheduled meetings no more than three times a year, effective July 1, through June 30, each year. This limitation does not apply to special called meetings of the Board. Prior to a scheduled Board meeting, the Board secretary will notify the Executive Director that a quorum for the meeting is in jeopardy. A member who desires to participate in a meeting in order to constitute a quorum of the Board by means of telephone speaker systems shall make every effort to attempt to notify the President of the Board at least three (3) days in advance of the meeting in question. The Board President shall notify the Board Secretary so that arrangements can be made. In the event that three days’ notice is not able to be given, participation by teleconferencing is at the discretion of the Executive Director and is dependent upon whether there is adequate time to make the appropriate arrangements. A member who votes by telephone speaker system shall vote by voice vote only. Upon request, the member shall provide verification, under oath, of his/her participation in the deliberations and vote. In the event it is determined by the President or Acting Chairperson of the Board that either the absent member cannot be heard by all members present or all members present cannot be heard by the absent member, the teleconference shall be terminated; and the absent member shall not be permitted to vote. The meeting may not be chaired by telephone. The Pennsylvania Supreme Court issued a decision in the case of Babac v. Pennsylvania Milk Marketing Board in which it held that under the Sunshine Law, a quorum of members of an agency can consist of members who are not physically present at a meeting, but who participate through telephonic means. Page 1 of 2 1340.1 USE OF TELECONFERENCING - Pg. 2 The cost of the telephone call is a reimbursable expense of the director under the Section 516.1 of the School Code which provides that each school director be reimbursed by the district for expenses actually and necessarily incurred in attending meetings. The director participating by teleconferencing must be able to hear the comments of and speak to all of those present at the meeting, and all of those present at the meeting, must be able to hear the comments of and speak to such absent members contemporaneously. The director participating by teleconferencing will be counted present for the meeting. Delegation of responsibility: The appropriate officials are authorized and directed to provide teleconferencing facilities sufficient to implement this policy if feasible. Page 2 of 2 POLICY POLICY NO. 1350 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING ORDER OF BUSINESS The Intermediate Unit Board of Directors normally will follow this order of business: 01. 02. 03. 04. 05. 06. 07. 08. 09. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. Call to Order Pledge of Allegiance Roll Call Presentation Special Education Mini Report Programs and Services Mini Report Good News Report Seating of New Board Members Minutes Treasurer's Report Committee Report* Public Participation Bills for Payment Budget Transfers Special Education Plan Amendments Approval of Applications Budget Revisions Acceptance of Funding Other Financial Matters Transportation Non-Financial Matters Adoption of Policies Personnel Old Business New Business Information Items Public Participation Board Sharing Next Meeting Date Adjournment *Committee Chairmen should let President know if they want to report on their committee. Board adopted 06/19/90 POLICY POLICY NO. 1355 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING RULES OF ORDER Except as otherwise provided by law, by regulation of the State Department of Education, or by the Board, meetings of the Board shall be conducted in accordance with Robert's Rules of Order, Revised. Amendments, alterations, corrections, or repeal of the rules may be made or their operation may be suspended for the meeting, at any regular or special meeting of this Board, by a vote of a majority of all members of the Board. 01. The Presiding Officer shall require courtesy to prevail at all times. 02. The Presiding Officer cannot offer or second a motion without turning over the gavel. His/her right is to vote on every question by virtue of membership on the Board. 03. The Presiding Officer may speak to points of order, and shall decide questions of order. These decisions may be appealed by Board members. 04. Motions shall be read distinctly by the Presiding Officer before it is debated. After debate, a vote is taken. Board members may request the motion be repeated by the Presiding Officer prior to the vote. 05. Any member or the Board Secretary may request that a motion be reduced to writing prior to debate and vote. 06. The consideration of any question may be tabled for consideration at the next meeting or at a later date. The time for reconsideration may be specified or unspecified, but may not be reconsidered at the same meeting. 07. An amendment may be moved on any motion, and shall be decided before the original motion. 08. If a motion under debate is composed of two or more parts, the Presiding Officer or Board member may request that it be divided. A separate vote must be taken on each part of the divided motion. POLICY STATEMENT POLICY NO. 1355 BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING RULES OF ORDER - Continued 09. A motion for adjournment shall always be in order and shall be decided without debate, except that it cannot be entertained when the Board is voting on another question or while a Board member is addressing the Board. 10. No Board member shall be interrupted while speaking, unless he/she be out of order, or for the purpose of correcting mistakes or misrepresentations. 11. The Presiding Officer shall require debate on any subject to be pertinent to that subject. 12. Any Board member may require a roll call vote on any question. An abstention is not considered in determining a majority. 13. A motion to call the question must be recognized by the Presiding Officer. If seconded, it must be voted on without debate. A call for the question shall be recognized by the Presiding Officer as a statement by an individual that he/she is ready to proceed with the business at hand. A two-thirds (2/3) vote of the majority present and voting is required. 14. Votes, other than roll call votes, will be recorded by the number of majority votes and the names of those Board members who vote in the minority, and the number of abstentions and the name of those Board members who abstain. The following actions require the unanimous consent of all remaining members of the Board: Employment of Board Member as solicitor under certain conditions. §324 The following actions require the recorded affirmative votes of two-thirds of the full number of Board Members: . . . . Reopen budget to accept additional funds; transfer funds series-to-series. Dismissal of professional employee. §1121 Demotion of professional employee. §1151 Appointment of person as teacher who has served as Board Member and resigned as Board Member. . Temporary loans for special emergencies. . Amend, alter or repeal Bylaws of the Board. POLICY POLICY NO. 1355 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING RULES OF ORDER - Continued The following actions require the recorded affirmative votes of a majority of the full number of Board Members: . Filling a vacancy on the Board. . Appointment of Solicitor, Accountants, other appointees. . Appointment of professional employees, non-professional employees and others. . Payment of bills (over $100.00). . Designating depositories/authorization of maintaining bank accounts. §621 . Approving budget. §964 (plus majority of proportionate vote). . Adopting program of services, including amending Special Education Plan. §508,900. . Applications for funding (over $100.00). . Entering into contracts of any kind, including contracts for the purchase of fuel or any supplies, where the amount involved exceeds one hundred dollars ($100.00). . Fixing salaries or compensation of officers, teachers, or other appointees of the Board Members. . Adopt, amend or delete Board Policies. . Transfer of employee with increased compensation. . Lease of building or facilities and equipment. . Accepting bid or bids (over $100.00). . Removal of officer, appointee or non-professional employee. The following actions require the recorded affirmative votes of Board Members present & voting: . . . . . Adoption of policies relating to professional and non-professional employees. Accepting resignations - employees, officers, appointees and Board Members. Suspension of professional employee. Transfer of employee with no increase in salary. Appointing or electing officers of the Board (without compensation for performing duties of the office). . Approval of leaves of absence. . Approval or correction of minutes. . Approval of Treasurer's Report. Rescission of Previous Board Action . Same vote as required for adoption. Board adopted 06/19/90 Board revised 04/19/94 POLICY STATEMENT POLICY NO. 1360 BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING PUBLIC PARTICIPATION The public in attendance wishing to address the Board shall have such opportunity at the beginning and at the end of the meeting. No one shall be recognized while the meeting is in session. The time of presentation shall be strictly limited by the President to assure that continuity and maintenance of order is not jeopardized. Any member of the public wishing to address the Board shall complete a form, prior to the start of the Board meeting, giving his/her name, address, school district and general nature of remarks. Individuals or groups who have requested to speak to the Board will be recognized immediately following the Treasurer's Report as set forth in the Board agenda. After recognition, the spokesperson must identify himself/herself and the topic on which he/she wishes to speak. The presentation will be limited to five minutes. The chair reserves the right to limit the number of individuals or groups who will be recognized to speak. Public discussion at the end of the meeting shall be open to all members or the public present. Comments will be limited to two minutes. Board adopted 06/19/90 POLICY POLICY NO. 1370 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING MINUTES A. The Board shall cause to be made and shall retain as a permanent record of the Intermediate Unit minutes of all regular agenda meetings of the Board. B. Minutes shall show: 1. 2. 3. 4. 5. 6. 7. C. The minutes are not intended to be transcripts of conversations and discussions of items or issues at the meetings. However, a Board member may request that a statement on a specific issue be entered verbatim into the minutes. This request must be made at the public meeting at the time of the remarks and be reduced to writing by the requesting Board member. D. Each Board member shall be provided with a copy of meeting minutes as part of the Board distribution packet. Minutes shall be approved at the next regularly scheduled Board meeting. E. Minutes shall be made available to the public for review following Board approval. Date, place and time of meeting Presiding officer Board Members present Members of staff present Subjects considered Actions taken and recorded votes Public participation - name of individual and subject discussed. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1380 BYLAWS OF THE BOARD ORGANIZATION BOARD MEETING NEWS MEDIA The Board believes that one of the paramount responsibilities of a board of education is to keep the public informed of its actions. Consequently, the local news media representatives will be welcome to attend meetings of the Board. A copy of the agenda will be sent in advance of all official Board meetings to members of the working press who request it. In the event that representatives of the news media are unable to attend a meeting, they will be provided, upon request, a summary of important Board actions. In order for the Board to transact its business with dispatch, questions from the press will not be entertained while meetings are in progress. However, the Executive Director or his/her designee will be available after each meeting to answer reporters' questions and to clarify points of discussion and action. When individual Board members receive requests from new media representatives for information about Board meetings, members shall refer the information seekers to the Executive Director or Board President who shall be the spokesperson for the Board except as he/she specifically delegates this responsibility to others. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1410 BYLAWS OF THE BOARD ORGANIZATION BOARD MEMBER SERVICES NEW BOARD MEMBER ORIENTATION The Board believes that the preparation of each Board member for the performance of Board duties is essential to the effectiveness of the Board's functioning. The Board shall encourage each new Board member to understand the functions of the Board, acquire knowledge of matters related to the operation of the Intermediate Unit and learn Board procedures. Accordingly, the Board shall give to each new Board member for use and possession during his/her term on the Board the following items: a copy of the School Code, a copy of the Board Policy Manual and Intermediate Unit budgets. Each new Board member shall be invited to meet with the Executive Director and members of the Administrative staff to discuss Board policy and the various programs and services provided by the Intermediate Unit. Board adopted 06/19/90 POLICY POLICY NO. 1420 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEMBER SERVICES BOARD MEMBER DEVELOPMENT OPPORTUNITIES (Conferences, Conventions, Workshops) 01. In keeping with its stated position on the need for continuing in-service training and development for its members, the Board encourages the participation of all Board members at appropriate conferences, workshops and conventions. 02. In order to control both the investment of time and expenditure of funds necessary to implement this policy, the Board establishes these principles and procedures for conference attendance: a. b. c. d. e. 03. The Executive Director will provide a list of conferences, conventions and workshops that may be of interest to the Board. Funds for participation at such meetings will be budgeted on an annual basis. No Board member may attend a meeting at Board expense without prior board approval. When a conference, convention or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations and material acquired at the meeting which will be beneficial to the Intermediate Unit. Reimbursement to Board members for their travel expenses will be in accordance with Policy 1430. The aforesaid reimbursement shall be limited to actual expenses incurred and shall not include or be construed to include compensation to individual Board members. Intermediate Unit Board members are encouraged to attend all Intermediate Unit sponsored Board in-service programs. Each Board member shall encourage members of his/her respective local Board to attend these programs. Board adopted 06/19/90 POLICY POLICY NO. 1430 STATEMENT BYLAWS OF THE BOARD ORGANIZATION BOARD MEMBER SERVICES BOARD MEMBER REIMBURSEMENT FOR EXPENSES Board members shall receive travel reimbursement when they travel outside their local school district to attend Intermediate Unit Board meetings and other Intermediate Unit business. When attendance at conventions or other educational meetings or travel for other purposes is authorized in advance by the Board, expenses shall be reimbursed as follows: 1. 2. 3. 4. Transportation Fees and registration as required for participation at meeting Lodging Meals Receipts for hotel/motel accommodations and for transportation costs, other than cab fares, shall be submitted with expense vouchers. Expenses shall be submitted and accounted for in writing to the business office after completion of such travel. Reimbursement for mileage shall be at the current rate approved by the Internal Revenue Service for business expense deductions. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1440 BYLAWS OF THE BOARD ORGANIZATION BOARD MEMBER SERVICES BOARD MEMBER INSURANCE The Intermediate Unit Board shall provide for its members Board of Education Liability Insurance. This policy covers all Board members for claims alleging wrongful acts, error, misstatement, misleading statements or neglect or breach of duty in the discharge of their duties. The Intermediate Unit Board shall provide for its members Travel Accident Insurance. This policy shall provide a $100,000 benefit in case of death while a Board member is traveling on Intermediate Unit business or direct commuting to or from a Board meeting. In addition, the policy provides a disability benefit based on salary for a 52 week period and a schedule of payments for dismemberment, loss of sight, hearing or speech. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 1990 BYLAWS OF THE BOARD ORGANIZATION BYLAW REVISIONS CHANGES AND AMENDMENTS The Board shall have the power to amend, alter or repeal these bylaws by a two-thirds vote of the members present and voting provided that the action has been proposed at a previous Board meeting. Significant changes in a proposed amendment at the second reading shall constitute a first reading. Board adopted 06/19/90 POLICY STATEMENT POLICY NO. 2010.3 INTERNAL OPERATIONS ORGANIZATIONAL STRUCTURE Executive Director shall devise an organizational chart to illustrate the structure of the Intermediate Unit, which should be reviewed and approved by the Intermediate Unit Board. Any changes in the structure shall be brought to the Board for review and approval. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0010.3 POLICY POLICY NO. 2010.5 STATEMENT INTERNAL OPERATIONS POSITION DESCRIPTIONS AND GUIDES Job position descriptions and position guides shall be established for each job classification position. The job description contains general statements about the job and serves the purpose of providing guidance for screening and hiring selected personnel. The position guide explicitly delineates the job function, responsibilities and duties. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy no. 0010.5 POLICY STATEMENT POLICY NO. 2015 GENERAL BOARD POLICY TEMPORARY ADMINISTRATIVE ARRANGEMENTS The Executive Director shall make his whereabouts known to the central office staff and the Intermediate Unit at all times. If the Executive Director leaves the Intermediate Unit, he shall make every effort to communicate his itinerary to the executive secretary who, in turn, shall inform others who want or need to know. In case of a bona fide emergency, every effort will be made to notify the Executive Director of the situation. The Executive Director shall designate an Intermediate Unit staff person as Acting Executive Director to perform those duties and responsibilities reserved for the Executive Director in his/her absence. This designation may be made for any specified period of time the Executive Director deems most appropriate. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0015 POLICY STATEMENT POLICY NO. 2020 GENERAL BOARD POLICY PERSONNEL-CONFLICT OF INTEREST In order to ensure high standards of integrity and impartiality, the Board and the administration shall avoid any action which might result in, or create the appearance of a conflict of interest during the process of negotiations with any bargaining unit group. Accordingly, any administrator, paid negotiator or member of the Board who is nominated to serve on the IU’s negotiating team shall first inform the Board president, prior to the beginning of any formal negotiations, if they have any immediate relative (parent, spouse or child) who might be affected by the outcome of such negotiations. The Board president will make such information known to all Board members prior to the final designation of the negotiations team. Board Approved 02/15/00 POLICY STATEMENT POLICY 2021 INTERNAL OPERATIONS NEPOTISM This policy is established to avoid conflicts of interest, to avoid favoritism and the appearance of favoritism, and to ensure that the hiring and appointing of personnel is more motivated by the merit or ability of the applicants and bidders than by reasons of their blood or marital relationship to members of the Board or any IU employee. Definition of Relative 1. For purposes of this policy, a “relative” is defined as a husband, wife, father; mother, brother, sister, son, daughter, aunt, uncle, father-in-law, mother-in-law, brother-in-law, sister-in-law, or daughter-in-law. 2. The Intermediate Unit requires full disclosure of any relationships as defined above to Human Resources at the time of employment or at any time that it occurs in the course of employment. Supervision Whereas this policy does not specifically prohibit the hiring of employees who may be related, it does prohibit the supervision and job related performance evaluation of one relative by another. Recusal and Abstention IU Board members shall recuse themselves from deliberations and abstain on voting items pertaining to their relatives. Board adopted 04/18/06 POLICY STATEMENT POLICY NO. 2100 INTERNAL OPERATIONS EQUAL EMPLOYMENT OPPORTUNITY The Board of Directors declares it to be the policy of the Intermediate Unit to provide equal opportunity in every aspect of the Intermediate Unit’s employment practices, to include hiring, placement, promotion, salary opportunity, fringe benefits, and training, regardless of an individual’s race, color, age, religious creed, sex, ancestry, national origin, or non-job related handicap or disability except where any of these constitutes a bona fide occupational qualification. In keeping with the principles of equal employment opportunity and nondiscrimination, the Intermediate Unit will employ and promote the best qualified applicants for existing vacancies regardless of race, color, age, religious creed, sex, ancestry, national origin, or non-job related handicap or disability. Board approved 12/21/82 effective 12/01/82 Board Revised 04/16/91 Board Revised 11/19/91 Formerly Policy No. 0100 POLICY STATEMENT POLICY NO. 2110 INTERNAL OPERATIONS NEW POSITION APPROVAL The Board shall approve, upon the recommendation of the Executive Director, administrative, supervisory and consultative, instructional and classified positions. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0110 No. 113.2 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: PROGRAMS TITLE: BEHAVIOR SUPPORT ADOPTED: 3/19/2013 REVISED: 113.2. BEHAVIOR SUPPORT 1. Purpose Title 22 Sec. 14.133, 14.145 20 U.S.C. Sec. 1414(d) 34 CFR Sec. 300.114, 300.324(a) Students with disabilities shall be educated in the least restrictive environment and shall only be placed in settings other than the regular education class when the nature or severity of the student’s disability is such that education in the regular education class with the use of appropriate supplementary aids and services cannot be achieved satisfactorily. The IEP team for a student with disabilities shall develop a positive behavior support plan if the student requires specific intervention to address behavior that interferes with learning. The identification, evaluation, and plan or program shall be conducted and implemented in accordance with state and federal law and regulations, and in coordination with the student’s school district of residence. 2. Authority Title 22 Sec. 14.133 20 U.S.C. Sec. 1414(d), 1415(k) 34 CFR Sec. 300.34(c), 300.324(a), 300.530(d), (f) Pol. 113, 113.1, 113.3 The Board directs that the Intermediate Unit’s behavior support programs shall be based on positive rather than negative behavior techniques to ensure that students shall be free from demeaning treatment and unreasonable use of restraints or other aversive techniques. The use of restraints shall be considered a measure of last resort and shall only be used after other less restrictive measures, including de-escalation techniques. Behavior support programs and plans shall be based on a functional assessment of behavior and shall include a variety of research-based techniques to develop and maintain skills that will enhance students’ opportunity for learning and self-fulfillment. The Intermediate Unit shall coordinate with the student’s school district of residence in the development and implementation of a behavior support plan. 3. Definitions Title 22 Sec. 14.133 The following terms shall have these meanings, unless the context clearly indicates otherwise. Aversive techniques - deliberate activities designed to establish a negative association with a specific behavior. Behavior support - development, change and maintenance of selected behaviors through the systematic application of behavior change techniques. Page 1 of 6 113.2. BEHAVIOR SUPPORT - Pg. 2 Behavior Support Plan or Behavior Intervention Plan - plan for students with disabilities who require specific intervention to address behavior that interferes with learning. A positive Behavior Support Plan shall be developed by the IEP team, be based on a functional behavioral assessment, and become part of the individual student’s IEP. These plans must include methods that use positive reinforcements, other positive techniques and related services required to assist a student with a disability to benefit from special education. Positive techniques - methods that utilize positive reinforcement to shape a student's behavior, ranging from the use of positive verbal statements as a reward for good behaviors to specific tangible rewards. Restraints - application of physical force, with or without the use of any device, designed to restrain free movement of a student’s body, excluding the following: 1. Briefly holding a student, without force, to calm or comfort him/her. 2. Guiding a student to an appropriate activity. 3. Holding a student’s hand to escort him/her safely from one area to another. 4. Hand-over-hand assistance with feeding or task completion. 5. Techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s parents/guardians and specified in the IEP. 6. Mechanical restraints governed by this policy, such as devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets used for balance and safety, safety harnesses in buses, and functional positioning devices. Seclusion - confinement of a student in a room, with or without staff supervision, in order to provide a safe environment to allow the student to regain self-control. Pol. 113 4. Delegation of Responsibility Students with disabilities - school-aged children who have been evaluated and found to have one or more disabilities as defined by law, and who require, because of such disabilities, special education and related services. The Executive Director or designee shall ensure that this Board policy is implemented in accordance with federal and state law and regulations. The Executive Director or designee shall develop administrative regulations to implement this policy. Page 2 of 6 113.2. BEHAVIOR SUPPORT - Pg. 3 Title 22 Sec. 14.133 The Executive Director or designee shall provide regular training, and retraining as needed, of staff in the use of specific procedures, methods and techniques, including restraints and seclusions, that will be used to implement positive behavior supports or interventions in accordance with students’ IEPs and Board policy. Title 22 Sec. 14.133 The Executive Director or designee shall maintain and report data on the use of restraints to the student’s school district of residence, as required. Procedures shall be established requiring reports to be made to the Intermediate Unit by entities or agencies educating students with disabilities who attend programs or classes outside the Intermediate Unit. 5. Guidelines Title 22 Sec. 14.133 34 CFR Sec. 300.324(a) The Intermediate Unit shall assist member school districts with development of behavior support programs and training of staff in appropriate techniques, at the request of the participating school district. Development of a separate Behavior Support Plan is not required when appropriate positive behavioral interventions, strategies and supports can be incorporated into a student’s IEP. When an intervention is necessary to address problem behavior, the types of intervention chosen for a student shall be the least intrusive necessary. Physical Restraints Title 22 Sec. 14.133 Restraints to control acute or episodic aggressive behavior may be used only when the student is acting in a manner that presents a clear and present danger to the student, other students or employees, and only when less restrictive measures and techniques have proven to be or are less effective. Title 22 Sec. 14.133 The Director of Special Education Services or designee shall notify the parent/guardian and school district of residence as soon as practicable of the use of restraints to control the aggressive behavior of the student and shall convene a meeting of the IEP team within ten (10) school days of the use of restraints, unless the parent/guardian, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student needs a functional behavioral assessment, re-evaluation, a new or revised positive Behavior Support Plan, or a change of placement to address the inappropriate behavior. Page 3 of 6 113.2. BEHAVIOR SUPPORT - Pg. 4 Title 22 Sec. 14.133 The use of restraints shall not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment. Restraints may be included in an IEP only if: 1. The restraint is used with specific component elements of a positive Behavior Support Plan. 2. The restraint is used in conjunction with teaching socially appropriate alternative skills or behaviors. 3. Staff are authorized to use the restraint and have received appropriate training. 4. Behavior Support Plan includes efforts to eliminate the use of restraints. Title 55 Sec. 13.1 et seq The Intermediate Unit shall ensure that use of restraints in Youth Development Centers and other institutions or agencies conducting Intermediate Unit programs meet the requirements of applicable law and regulations. Mechanical Restraints Title 22 Sec. 14.133 Mechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student’s parents/guardians. Mechanical restraints shall prevent a student from injuring him/herself or others or promote normative body positioning and physical functioning. Seclusion The Intermediate Unit permits involuntary seclusion of a student in accordance with the student’s IEP or in an emergency to prevent immediate or imminent injury to the student or others, but the seclusion must be the least restrictive alternative. Title 22 Sec. 14.133 The Intermediate Unit prohibits the seclusion of students in locked rooms, locked boxes and other structures or spaces from which the student cannot readily exit. Page 4 of 6 113.2. BEHAVIOR SUPPORT - Pg. 5 Aversive Techniques Title 22 Sec. 14.133 The following aversive techniques of handling behavior are considered inappropriate and shall not be used in educational programs: 1. Corporal punishment. 2. Punishment for a manifestation of a student's disability. 3. Locked rooms, locked boxes, other locked structures or spaces from which the student cannot readily exit. Title 22 Sec. 14.143 4. Noxious substances. 5. Deprivation of basic human rights, such as withholding meals, water or fresh air. 6. Suspensions constituting a pattern as defined in state regulations. 7. Treatment of a demeaning nature. 8. Electric shock. 9. Methods implemented by untrained personnel. 10. Prone restraints, which are restraints by which a student is held face down on the floor. Referral To Law Enforcement Title 22 Sec. 14.133 Subsequent to a referral to law enforcement, an updated functional behavioral assessment and Behavior Support Plan shall be required for students with disabilities who have Behavior Support Plans at the time of such referral. Title 22 Sec. 14.133 If, as a result of such referral, the student is detained or otherwise placed in a residential setting located outside the school district of residence, the Director of Special Education Services or designee shall coordinate with the school district of residence to ensure that the responsible school district or intermediate unit is informed of the need to update the student’s functional behavioral assessment and Behavior Support Plan. Page 5 of 6 113.2. BEHAVIOR SUPPORT - Pg. 6 References: State Board of Education Regulations – 22 PA Code Sec. 14.133, 14.143, 14.145 State Department of Public Welfare Regulations – 55 PA Code Sec. 13.1 et seq., 3270.113 Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. Individuals With Disabilities Education, Title 34, Code of Federal Regulations – 34 CFR Part 300 Pennsylvania Training and Technical Assistance Network, Questions and Answers on the Restraint Reporting Requirements and System, June 2009 – www.pattan.net Board Policy – 000, 113, 113.1, 113.3, 113.4, 113.5 Formerly Policy No. 2113 Page 6 of 6 POLICY STATEMENT POLICY NO. 2115 INTERNAL OPERATIONS ELIMINATING A POSITION The Executive Director shall recommend to the Board the elimination of positions in accordance with state law and the Bucks County Intermediate unit Board policies. In the exercise of its authority to reduce staff or abolish positions, the Board shall give primary consideration to the effect upon the educational programs, the impact upon costs, the efficient and effective management of the Intermediate Unit and other factors consistent with law. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0115 POLICY STATEMENT POLICY NO. 2120 INTERNAL OPERATIONS EMPLOYEE BACKGROUND CHECKS: (Criminal History, Child Abuse Registry, Department of Motor Vehicles, etc.) It is the policy of the Bucks County Intermediate Unit to require employee background checks for new employees and contractors who provide services to children in accordance with state law. Further, the Intermediate Unit will request applicable background checks for non-employees, i.e. unpaid interns, volunteers, student teachers, etc, whenever they will come in direct contact with students. Board adopted 11/19/85 Board revised 11/19/91 Board revised 02/17/98 Formerly Policy No. 0120 POLICY STATEMENT POLICY NO. 2130.1 INTERNAL OPERATIONS SAFETY POLICY The Bucks County Intermediate Unit believes that maintenance of a safe environment for its employees and the general public is an important goal that requires regular attention. A safety committee shall be established to encourage safety awareness and make recommendations to the administration concerning safety-related concerns. This committee shall be appointed by the Executive Director and should represent a cross-section of IU staff. The Committee shall elect its own chairperson and should meet at least 5 times each year. Board adopted 04/21/98 POLICY STATEMENT POLICY NO. 2130.2 INTERNAL OPERATIONS WORKERS’ COMPENSATION ALTERNATIVE EMPLOYMENT The Bucks County Intermediate Unit hereby agrees that it will, whenever possible, cooperate with its workers’ compensation carrier in establishing alternative employment opportunities for injured employees as prescribed by state laws and regulations. It is understood that each case will be considered on an individual basis, but that there may be some instances whereby, after such good faith efforts complex circumstances may preclude successful placement of individuals in alternative employment. Board revised 02/17/98 POLICY STATEMENT POLICY NO. 2130.3 INTERNAL OPERATIONS WORKERS’ COMPENSATION POSTED PANEL OF PHYSICIANS The Bucks County Intermediate Unit agrees that it will maintain a list of physicians and health care providers, for exclusive use of employees during the first 90 days of treatment for any on-the-job injury covered by workers’ compensation, as prescribed by state laws and regulations. The list of the Posted Panel of Physicians shall be provided to employees on a regular basis and shall be posted in a conspicuous location in the IU administrative office. Board revised 02/17/98 POLICY STATEMENT POLICY NO. 2131 INTERNAL OPERATIONS POLICY REGARDING AIDS (Acquired Immune Deficiency) The Bucks County Intermediate Unit Board of School Directors is committed to the provision of a healthful environment for its students and employees. In fulfillment of that commitment, the Board has sought and shall continue to seek guidance from appropriate medical, educational, legal, and governmental authorities in regard to HIV infections/AIDS. The policy and its procedures shall be consistent with the right to a free public education and the obligation to protect the health and welfare of students and employees. Board adopted 03/18/86 Board revised 10/20/87 Board revised 11/19/91 Formerly Policy No. 0131 POLICY STATEMENT POLICY NO. 2132 INTERNAL OPERATIONS NO SMOKING POLICY There shall be no smoking in Bucks County Intermediate Unit facilities. The Board recognizes that use of tobacco by students and staff presents a health and safety hazard which can have serious consequences for both users and nonusers and the safety and environment of its offices and schools. For purposes of this policy, tobacco use shall be defined as use and/or possession of a lighted or unlighted cigarette, cigar and pipe; other lighted smoking products; and smokeless tobacco in any form. The Board prohibits use and possession by employees or students at any time in its buildings and on its vans and vehicles that are owned, leased, or controlled by the I U or its contractors. The Executive Director or designee shall develop procedures to implement this policy. Board adopted 04/19/88 Board revised 11/19/91 Board Revised 07/20/05 Formerly Policy No. 0132 POLICY STATEMENT POLICY NO. 2133 INTERNAL OPERATIONS DRUG/ALCOHOL FREE WORKPLACE The Board believes in providing and maintaining a drug and alcohol-free working environment for its employees. Illicit drug and/or alcohol use at the workplace is strictly prohibited. As stated in provisions of the Drug Free Workplace Act of 1988 (P.L. 100-690), the unlawful manufacturing, dispensing, distribution, possession or use of a controlled substance is prohibited in the workplace. Any employee convicted of delivering a controlled substance or convicted of possessing a controlled substance with intent to deliver shall be terminated from employment as provided in the provision of PA Act 191 of 1988. Any employee who is suspected or found to be under the influence or any alcoholic beverage or illegal drug product or consuming such products on the work site shall face disciplinary action, including possible termination. The Board authorizes the Executive Director to establish appropriate procedures to implement this policy. Board adopted 04/16/91 Board revised 11/19/91 Board revised 04/18/06 Formerly Policy No. 0133 POLICY POLICY NO. 2133 STATEMENT DRUG/ALCOHOL FREE WORKPLACE Acknowledgement, Authorization and Release Form I have applied for employment with the Bucks County Intermediate Unit No. 22 in a position that would require me to operate an automobile/van transporting students. I acknowledge that I have been given a copy of the Bucks County Intermediate Unit No. 22 drug and alcohol testing policy (Policy No. 2133.1) and I have read the policy. I understand that if I receive a conditional offer of employment, as a condition of being hired, I will be required to undergo a pre-employment/pre-duty urinalysis test for the presence of controlled substances and/or alcohol. I further understand that if my test results are positive for the presence of controlled substances and/or alcohol, my conditional offer of employment will be rescinded and I will not be considered for employment with the Bucks County Intermediate Unit No. 22. I further understand that if the physician, official, or lab personnel responsible for performing the test(s) for the presence of controlled substances and/or alcohol has reasonable suspicion to believe that I have tampered with my specimen or the testing equipment, my conditional offer of employment will be rescinded and I will not be considered for employment with the Bucks County Intermediate Unit No. 22. I hereby consent to such testing, and authorize any third persons, including but not limited to, physicians, laboratories, agencies, hospitals and/or medical professionals utilized by the Bucks County Intermediate Unit No.22 for such testing purposes, to conduct said pre-employment/pre-duty test(s) for the presence of controlled substances and/or alcohol, and to provide the results of said test(s) to the Bucks County Intermediate Unit No. 22. I hereby release such third persons and the Bucks County Intermediate Unit No. 22, its directors, officers, employees, and agents, from liability therefore and to that extent. Applicant's signature: INTERNAL OPERATIONS Applicant's name (print): Date: POLICY POLICY NO. 2133 STATEMENT DRUG/ALCOHOL FREE WORKPLACE Drug Testing Consent Form I have applied for employment with the Bucks County Intermediate Unit No. 22 in a position that requires me to operate an automobile/van transporting students. As a condition for my application being considered, I understand and agree to undergo substance screening. I understand that if my test results are positive, I shall not be considered further by the Bucks County Intermediate Unit No. 22 for a driver position. I hereby authorize any physician, laboratory, hospital or medical professional retained by the Bucks County Intermediate Unit No.22 for screening purposes to conduct such screening and to provide the results to the Bucks County Intermediate Unit No. 22, and I release the Bucks County Intermediate Unit No. 22 and any person affiliated with the Bucks County Intermediate Unit No. 22 and any such institution or person conducting the screening, from liability therefore. Applicant's signature: INTERNAL OPERATIONS Applicant's name (print): Date: POLICY POLICY NO. 2133.1 STATEMENT BYLAWS OF THE BOARD TESTING FOR CONTROLLED SUBSTANCE AND ALCOHOL POLICY 1. Purpose The Bucks County Intermediate Unit No. 22 recognizes that the use and abuse of controlled substances and alcohol is a very serious problem that may be present at th work place. The Bucks County Intermediate Unit No. 22 also recognizes that a drug alcohol-impaired driver who operates IU vehicles and/or transports students can pos significant risks to the safety of IU employees and students. The IU further recogniz transporting students requires the highest safety standards. 2. Authority In accordance with its authority and responsibility, the Board adopts this policy to c with federal regulatory mandates and to establish programs and practices designed t prevent accidents and injuries resulting from misuse of drugs and alcohol. The Boa requires that persons who work in safety-sensitive positions, defined as any IU empl that drivers an IU vehicle or who are required to hold a Commercial Drivers License (CDL) to perform job duties will be required to be tested for controlled substances a alcohol. The following six types of tests will be required: pre-employment/pre-duty, random, post accident, return-to duty, reasonable suspicion, and follow-up testing. 3. Guidelines Tests for controlled substances will be conducted by analyzing a driver’s urine spec a laboratory certified and monitored by the Department of Health and Human Servic Alcohol tests will be conducted using an approved evidential breath testing (EBT) d approved by the National Highway Traffic Safety Administration. Candidates for employment will be required to sign a consent form, as a condition o employment, authorizing all employers during the past two years to release to the B County Intermediate Unit No. 22 the results of positive alcohol tests with a concentr result of 0.04 percent or greater, positive controlled substances test results, and any to be tested. Failure to provide this authorization will result in immediate disqualific for employment. POLICY STATEMENT POLICY NO. 2134 INTERNAL OPERATIONS SEXUAL HARASSMENT It is the policy of the Intermediate Unit Board of Directors that all employees should enjoy a working environment free from all forms of discrimination, including sexual harassment. No employee, either male or female, should be subjected to unsolicited and unwelcome sexual overtures or conduct, of any kind. To this end, each current employee of the Intermediate Unit must successfully complete a harassment prevention training program on a bi-annual basis, by the end of October of every other calendar year. One-half of the workforce will rotate each year, so that every employee will receive harassment prevention training once every two years. Each new employee, prior to their effective hiring date, must successfully complete a harassment prevention training program. The training program will be administered through the Human Resources Department. Sexual harassment lowers morale and is damaging to the work environment; it also is illegal. Therefore, the Bucks County Intermediate Unit will treat sexual harassment like any other form of employee misconduct and it will not be tolerated. The Executive Director shall communicate to all its employees the procedures for making a complaint regarding sexual harassment. Any employee who believes that s/he has been sexually harassed should report the alleged POLICY STATEMENT POLICY NO. 2134 INTERNAL OPERATIONS SEXUAL HARASSMENT – continued act immediately to either his/her immediate supervisor or to the Director of Human Resources. If the Director of Human Resources is the subject of the complaint, then the report shall be directed to the Executive Director. The IU shall give notice to all the parties involved that it will take steps to prevent recurrence of any discrimination, protect the complainant(s) from further harassment or retaliation and will correct the discriminatory effects on the complainant(s) and others, if appropriate. Due to the gravity of the nature and consequences of sexual harassment, any employee who knowingly makes a false sexual harassment complaint against another employee will be subject to appropriate disciplinary action up to and including termination of employment. The Executive Director must report any reasonable suspicions of sexual abuse committed by any professional educator to the Pennsylvania Department of Education as required by law. Board approved 04/16/91 Board revised 11/19/91 Board Policy Revision 03/21/06 Board Policy Revision 03/15/11 Formerly Policy No. 0134 POLICY POLICY NO. 2133.1 STATEMENT BYLAWS OF THE BOARD TESTING FOR CONTROLLED SUBSTANCE AND ALCOHOL POLICY Candidates for employment who test positive on a pre -employment/pre-duty test for controlled substances or alcohol will not be considered for employment. Drivers who test positive for controlled substances will be subject to disciplinary action up to and including termination of employment. Employees who transfer into safety sensitive positions will also be subject to testing for controlled substances and alcohol. It shall not be a defense to a positive test for marijuana or THC that an employee or candidate for employment ingested or used a legal hemp product. Alcohol is a legal substance this policy will define specific prohibited alcohol-related conduct. No driver shall be on duty or perform safety-sensitive functions while having a blood alcohol concentration of 0.02% or greater as indicated by an evidential breath testing device; while using alcohol; while possessing alcohol; or within eight hours after consuming alcohol. Any driver who refuses to submit to a random, post-accident, return-to-duty, reasonable suspicion, or follow-up test will not be permitted to perform or continue to perform safety-sensitive functions and will be subject to discipline up to and including termination of employment. Any driver who tests positive and has a blood alcohol concentration of 0.02% but less than 0.04% will immediately be removed from duty, will be referred to the Employee Assistance Program, and will participate in any education and/or treatment programs recommended by the Employee Assistance Program. Any driver who tests positive by having a blood alcohol concentration of 0.04% or greater will immediately be removed from duty, will be referred to the Employee Assistance Program, and will be subject to disciplinary action up to and including termination of employment. The minimum annual percentage rate for random testing for controlled substances and alcohol will be fifty percent of the number of employees who drive IU vehicles. The Director of Human Resources will maintain records of the alcohol misuse and controlled substances use prevention program. Except as required by law or expressly authorized by a driver, the Bucks County Intermediate Unit No. 22 shall not release information that is contained in records relating to this policy. POLICY POLICY NO. 2133.1 STATEMENT BYLAWS OF THE BOARD TESTING FOR CONTROLLED SUBSTANCE AND ALCOHOL POLICY Voluntary Treatment and Counseling Department of Transportation Any driver who requests treatment or requests a leave of absence for treatment by a substance abuse professional before a test is conducted for controlled substances or alcohol will not be subject to discipline. A driver will be disciplined if the driver requests treatment or leave after being selected for testing or after testing positive for controlled substances or alcohol. All requests for treatment will be kept strictly confidential. POLICY POLICY NO. 2135 STATEMENT GENERAL BOARD POLICY EMPLOYEE ASSISTANCE PROGRAM The Intermediate Unit Board believes that it is in the best interest of all employees to provide for Employee Assistance Services through a recognized Employee Assistance Program (EAP). The final decision for selecting and maintaining an Employee Assistance Provider will be the prerogative of the IU Board. The Employee Assistance Program shall be available to all employees and their immediate family dependents. No documentation regarding an employee’s voluntary participation with an EAP will become part of the employee’s personnel file. Employee’s confidentiality shall be protected by the EAP at all times. Use of the Employee Assistance Program will not exempt any employee from standard administrative practices applicable to job performance requirements. Board adopted 02/17/98 POLICY POLICY NO. 2136 STATEMENT INTERNAL OPERATIONS FAMILY AND MEDICAL LEAVE ACT It is the policy of the Bucks County Intermediate Unit to comply with the State and Federal laws with regard to Family and Medical Leaves. The Family Medical and Leave Act of 1993 (“The FMLA”) and its regulations and procedures are extremely complex. This policy and any provisions of any agreement that provides benefits required by the FMLA are intended to be read in harmony with the FMLA and are therefore so adjusted where not in compliance. Generally, the FMLA provides up to twelve (12) weeks (or sixty work days) of job-protected leave to “eligible” employees for certain absences due to family or medical reasons. 1. Qualifying Reasons for FMLA Leave a. Employee’s own serious medical condition. A “serious health condition” is an impairment that involves the following: Incapacity and inpatient care. Subsequent treatment or incapacity. Continuing treatment by a health care provider. POLICY POLICY NO. 2136 STATEMENT INTERNAL OPERATIONS FAMILY AND MEDICAL LEAVE ACT - Continued b. To care for immediate family member (spouse, child or parent) with serious medical condition. c. Birth and care of newborn child (pregnant employees may also have a right to take a pregnancy disability leave, as well as FMLA leave). d. 2. Placement with employee of child for foster care or adoption. Eligibility for FMLA Leave To be eligible to receive the benefits of the FMLA, an employee must be employed by the Intermediate Unit for at least twelve (12) months at the time the leave is expected to commence and have worked at least 1,250 hours of service within the previous twelve (12) month period immediately preceding commencement of the leave. 3. FMLA Benefits a. The Intermediate Unit will provide up to 12 weeks (60 working days) of jobprotected unpaid leave during the twelve-(12) month period commencing July 1 and ending June 30 of each school year. The leave provided for under the FMLA and this policy will not exceed twelve (12) workweeks in that twelve (12) month period. b. When both a husband and wife are employed by the Intermediate Unit , leave under this policy is limited to an aggregate of twelve (12) work weeks during the twelve- month period for the birth, adoption, or foster care of a child, or to care for an immediate family member (not spouse or child) who has a serious health condition. POLICY POLICY NO. 2136 STATEMENT INTERNAL OPERATIONS FAMILY AND MEDICAL LEAVE ACT - Continued c. Leaves related to the birth or adoption of a child must conclude within 12 months of birth or placement. d. The Intermediate Unit will maintain the employee's health coverage at the same level and conditions of coverage (including contribution to premium) that existed prior to the commencement of leave, for a maximum of twelve (12) weeks. Employee co-payments and/or contributions will continue to be paid by the employee during an FMLA leave. e. An employee will return from an FMLA leave to the original or equivalent position with equivalent pay, benefits, and other employment terms. f. Under this policy, an employee must use all available earned and/or accrued paid leave to which the employee is entitled, if applicable. In all instances where FMLA leave is appropriate, FMLA leave shall run concurrently with such applicable paid leave. For example, if an employee is absent for a serious illness or health condition, FMLA leave will commence and run concurrently with any available sick leave, vacation, personal leave or disability leave as applicable from the first date of absence. When all such paid leave is exhausted, the balance of the FMLA leave will be without pay. FMLA leave will also run concurrently with any other unpaid leave to which the employee might be entitled (e.g., child rearing leave, etc.). POLICY POLICY NO. 2136 STATEMENT INTERNAL OPERATIONS FAMILY AND MEDICAL LEAVE ACT - Continued 4. Notice Requirement An eligible employee must provide at least thirty (30) days notice when the qualifying event for the leave is foreseeable or as much advance notice as practical when the qualifying event for the leave is not foreseeable, such as in the case of serious health conditions related to the employee or family. In addition, a reasonable effort should be made to schedule a planned medical treatment at a time that will minimize disruption of the Intermediate Unit ’s operations. If the required notice is not given, the Board may require, at its option, that the employee take leave for a particular duration or transfer temporarily to an alternative position, if applicable. Alternatively, the Board may, at its option, require the employee to delay the taking of leave until the notice requirement is met. 5. Medical Certification Leaves requested for reasons of an employee’s own serious health condition or the serious health condition of an immediate family member must be supported by appropriate medical certification from the treating health care provider. The Board reserves the right, at its expense, to secure second and third opinions and/or subsequent re-certification of the serious health condition as provided for in the FMLA. 6. Contractual Benefits The rights and entitlements expressed by this policy shall not diminish nor limit any greater rights provided under collective bargaining agreements or other agreements between the Intermediate unit and its staff. No agreement by and between the Intermediate Unit and its employees may diminish the rights and entitlements provided under the FMLA. POLICY POLICY NO. 2136 STATEMENT INTERNAL OPERATIONS FAMILY AND MEDICAL LEAVE ACT - Continued 7. Intermittent Leave Employees may request intermittent leave which must be approved by the Executive Director. If such leave is taken on an intermittent basis, the leave must be measured in increments of not less than one hour. Employee who work less than full-time will be entitled to leave based upon the proportional basis of the new schedule to the normal fulltime schedule. Employees who are granted intermittent leave may be required to accept temporary transfer to an available alternative position for which they are qualified which better accommodates recurring periods of leave. Leave taken by a professional employee under the FMLA for a period that ends with the school year and begins the next semester is deemed to be taken consecutively rather than intermittently. The period during the summer vacation when a professional employee is not required to report for duty is not counted against an employee’s FMLA leave entitlement. Board Revised 03/18/08 POLICY STATEMENT POLICY NO. 2137 INTERNAL OPERATIONS ANTI-VIOLENCE/HARASSMENT The IU is committed to providing a work and learning environment free from intimidation, threats, or acts of violence. This includes, but is not limited to, a prohibition against intimidating, threatening, or hostile behaviors; physical or verbal abuse; vandalism, arson, sabotage; use or possession of weapons on IU property or at an event sponsored by the IU off the premises. Engaging in such conduct is prohibited in the work place. Complaints will be investigated and corrective action may be taken up to and including discharge. Employees who are subjected to conduct prohibited by this policy or who have knowledge of violation of this prohibition are expected to immediately report it to their supervisor, the IU’s Director of Human Resources, or the Executive Director. Employees may contact law enforcement authorities without first informing management if they believe there is an imminent threat to the safety of others. Board adopted 04/18/06 POLICY STATEMENT POLICY NO. 2138 INTERNAL OPERATIONS DIVERSITY AWARENESS The IU Board recognizes and values the diversity of its staff and client population and shall encourage opportunities for diversity awareness through specific programming, services and appropriate staff training. The Executive Director or his/her designee shall serve as a member of Bucks County’s diversity task force and share information about the goals and activities of the task force for the purpose of encouraging and understanding the customs, beliefs, values as well as racial, ethnic, and social dynamics of individuals within and outside of the educational community. Board adopted 04/18/06 POLICY STATEMENT POLICY NO. 2139 INTERNAL OPERATIONS CELLULAR PHONE POLICY The Board of Directors and the Administration of the Bucks County Intermediate Unit No. 22 recognizes the need to augment current communication devices with cellular phones. Cellular phones will be issued to provide a cost effective, safe and responsive method of communication for individuals whose jobs require them to make frequent business-related calls while away from a traditional telephone. Cellular phones are to be used in emergency situations, inclement weather situations or other situations which require mobile communication. The Board authorizes the Executive Director and Business Administrator to develop procedures for employee reimbursement to the BCIU for personal use of BCIU cellular phones. The Board further authorizes that the procedure will adhere to all state and federal requirements and guidelines. The listed guidelines should be followed when using cellular phones. Cellular phones are: 1. To be used when mobile communications are necessary. 2. For BCIU related use only. 3. To be used in accordance with this policy. 4. The responsibility of the persons to whom they have been assigned with regard to loss or theft through negligence. 5. To have fully charged batteries at all times; this is the responsibility of the person to whom the phone has been assigned. 6. Not to be used while operating a vehicle; employees should proceed to a safe location off the road and safely stop the vehicle before placing or accepting a call. 7. To be listed by the Facilities Department with the following information: a. Cellular numbers b. Persons to whom they are assigned Board Approval 05/19/09 Board 1st Reading 04/21/09 POLICY POLICY NO. 2139 STATEMENT INTERNAL OPERATIONS CELLULAR PHONE POLICY BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 CELLULAR PHONE-EMPLOYEE USAGE AGREEMENT Employee Name: Department: Program; Cellular Phone Number: Daytime Phone Number: The Bucks County Schools Intermediate Unit provides cell phones to employees in order to facilitate communication. These cell phones provide staff with the ability to communicate in the following situations: 1) during emergencies; 2) where the worker is frequently off-site and conventional telephones are not readily available or are impractical; and 3) where the worker needs to be readily accessible both on and off-duty. I understand and acknowledge that the cellular phone provided to me by the Bucks County Schools Intermediate Unit No. 22 is to be used in the course of employment for business related purposes only and any personal use of the cell phone must be reimbursed to the Intermediate Unit. Cell Phone Employee Options: Utilize the IU cell phone for business use only. Utilize the IU cell phone for business and personal use and agree to reimburse the IU through a monthly $10 payroll deduction. I understand that call detail records generated from the assigned cell phone are considered business records of the Intermediate Unit and that these records will be routinely audited to monitor the level of personal calls. I also understand and acknowledge that the cellular phone assigned to me is the property of the Intermediate Unit and must be returned to the Business Office upon separation from service. Employee Signature Date Employee Name (Printed) POLICY STATEMENT POLICY NO. 2140 GENERAL BOARD POLICY WORKING DAY AND DAILY SCHEDULE All employees of the Intermediate Unit are to be made aware of their schedule and the length of their work day, as established by the Executive Director, or approved by the Board. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0140 POLICY STATEMENT POLICY NO. 2146 GENERAL BOARD POLICY INSTRUCTIONAL MATERIALS SERVICES – COPYRIGHTS, PATENTS, TRADEMARKS, ROYALTIES, AND RELATED MATTERS It is the policy of the Bucks County Intermediate Unit to adhere to state and federal laws and restrictions regarding work products developed by Intermediate Unit employees as part of their work assignments. Work products include publications, computer software, inventions, products, materials, patterns, educational items, and any related copyrights and royalties. Board adopted 06/18/91 Board revised 11/19/91 Formerly Policy No. 1046 POLICY STATEMENT POLICY NO. 2147 GENERAL BOARD POLICY INSTRUCTIONAL MATERIALS SERVICES- BOARD COPYRIGHT POLICY It is the policy of the Bucks County Intermediate Unit Board to adhere to provisions of the United States Copyright Law, PL 94-553. This policy pertains to: works protected by copyright, reproduction and use of copyrighted material in print, reproduction and use of copyrighted music, reproduction and use of copyrighted audiovisual material, and computer technologies. It is the responsibility of the Director of Instructional Materials Services to inform Bucks County Intermediate Unit employees of this policy. Board adopted 06/18/91 Board revised 11/19/91 Formerly Policy No. 0145 & 1047 POLICY STATEMENT POLICY NO. 2148 GENERAL BOARD POLICY INSTRUCTIONAL MATERIALS SERVICES – SELECTION OF MATERIALS The Bucks County Intermediate Unit Board of Directors recognizes the importance of having carefully selected instructional materials to enrich, supplement and support the educational programs of the member schools of Bucks County. The responsibility for selection of instructional materials, both print and non-print, is delegated by the Bucks County Intermediate Unit Board of Directors to the IMS Director, who selects the instructional materials based upon the criteria and procedures which follow. Board adopted 06/18/91 Board revised 11/19/91 Formerly Policy No. 1048 No. 815 SECTION: OPERATIONS TITLE: ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES ADOPTED: 9/20/2011 REVISED: 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES 1. Purpose The Board supports the use of technology (as defined in Section 2) in the Intermediate Unit's instructional and operational programs in order to facilitate learning, teaching and daily operations through interpersonal communications and access to information, research and collaboration. The Intermediate Unit provides students, staff and other authorized individuals with access to the Intermediate Unit’s technology, including but not limited to electronic communication systems and networks, and Internet access, whether wired or wireless, or by any other means. For instructional purposes, the use of technology and facilities shall be consistent with the curriculum adopted by the Intermediate Unit as well as the varied instructional needs, learning styles, abilities, and developmental levels of students. 2. Definitions 18 U.S.C. Sec. 2256 The terms of this policy are defined as follows: Access - (computer) shall mean, in relation to computers to obtain entry to, or to locate, read into memory, and make ready for some operation. Application(s) - shall mean a software program or group of programs designed for users. Applications shall include either systems software and/or applications software. Child pornography - The term child pornography is defined under both federal and state law. Under federal law, is any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture, whether made or produced by electronic, mechanical, or other means, of sexually explicit conduct, where: 1. The production of such visual depiction involves the use of a minor engaging in sexually explicit conduct; Page 1 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 2 18 Pa. C.S.A. Sec. 6312 2. Such visual depiction is a digital image, computer image, or computergenerated image that is, or is indistinguishable from, that of a minor engaging in sexually explicit conduct; or 3. Such visual depiction has been created, adapted, or modified to appear that an identifiable minor is engaging in sexually explicit conduct. Under state law, is any book, magazine, pamphlet, slide, photograph, film, videotape, computer depiction or other material depicting a child under the age of eighteen (18) years engaging in a prohibited sexual act or in the simulation of such act. Computer(s) shall mean desktops, laptops, workstations, servers, PDAs, mobile devices, telephones, tablets, or any other technology device of a similar nature that is owned, leased, or licensed by or to the BCIU. Harmful to minors - The term harmful to minors is defined under both federal and state law. 20 U.S.C. Sec. 6777 47 U.S.C. Sec. 254 18 Pa. C.S.A. Sec. 5903 Under federal law, is any picture, image, graphic image file or other visual depiction that: 1. Taken as a whole, with respect to minors, appeals to a prurient interest in nudity, sex or excretion; 2. Depicts, describes or represents in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and 3. Taken as a whole lacks serious literary, artistic, political or scientific value as to minors. Under state law, is any depiction or representation in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: 1. Predominantly appeals to the prurient, shameful, or morbid interest of minors; 2. Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable for minors; and 3. Taken as a whole lacks serious literary, artistic, political, educational or scientific value for minors. Page 2 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 3 18 Pa. C.S.A. Sec. 5903 Obscene - any material or performance, if: 1. The average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest; 2. The subject matter depicts or describes in a patently offensive way, sexual conduct described in the law to be obscene; and 3. The subject matter, taken as a whole, lacks serious literary, artistic, political, educational or scientific value. Technology - all forms of technology that is provided directly or indirectly by the BCIU to its users, and that is: (i) owned, leased, or licensed to the BCIU; or (ii) that is accessed by or through technology that is owned, leased, or licensed to the BCIU. Technology includes, but is not limited to: • computers, • copiers, • printers, • scanners, • electronic portable devices, • electronic peripheral devices, • servers, • networks, • programs/applications, • software, • files, • folders, • data and records of any nature, • the Internet, • cell phones, • mobile devices, • pagers, • PDAs, • modems, • voicemail, • email, • chat rooms, • blogs, • instant messages, • videoconferencing, • user group and such similar technologies., Page 3 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 4 47 U.S.C. Sec. 254 Technology protection measure - a specific technology that blocks or filters Internet access to visual depictions that are obscene, child pornography or harmful to minors. Users - employees, students, contracted employees, and/or contractors. User ID and/or Password - the combination of identification numbers, characters, or letters that is unique and that is assigned to an individual user to access computer devices or applications. Vandalism - any malicious attempt to harm or destroy data of another user, Internet or other networks; this includes but is not limited to uploading or creating computer viruses. 3. Authority The availability of access to electronic information does not imply endorsement by the Intermediate Unit of the content, nor does the Intermediate Unit guarantee the accuracy of information received. The Intermediate Unit shall not be responsible for any information that may be lost, damaged or unavailable when using the network or for any information that is retrieved via the Internet. The Intermediate Unit shall not be responsible for any unauthorized charges or fees resulting from access to the Internet or other network resources. Pol. 218, 233, 317 The Intermediate Unit’s technology is the property of the Intermediate Unit. Users shall have no expectation of privacy in anything they create, store, send, receive or display on or over the Intermediate Unit’s technology, including personal files or any use of the Intermediate Unit’s Internet, computers or network resources. Users should be aware that their personal files may be discoverable under Federal and/or State law. Users should be aware that all materials transmitted, received, or stored on the Intermediate Unit’s technologies become the property of the Intermediate Unit. The Intermediate Unit reserves the right to monitor, track, and log network access and use; monitor fileserver space utilization by users; or deny access to prevent unauthorized, inappropriate or illegal activity and may revoke access privileges and/or administer appropriate disciplinary action. The Intermediate Unit shall cooperate to the extent legally required with the Internet Service Provider (ISP), local, state and federal officials in any investigation concerning or related to the misuse of the Intermediate Unit’s technology. Page 4 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 5 The Intermediate Unit reserves the right to apply software updates and patches, install new software, uninstall and/or disable software, back up files saved locally to its computers and devices, scan for viruses, monitor software usage, configure system settings, and remote manage systems. The Intermediate Unit reserves the right to install theft-tracking software on all of its devices and to activate it, in cooperation with local authorities, only upon the proper notification of theft from the employee and/or Executive Director and/or his/her designee. The Intermediate Unit shall not be responsible for any charges or fees resulting from unauthorized access to the Internet or other technology. The Intermediate Unit shall not be responsible for any information that may be retrieved, lost, damaged, or unavailable when using the Internet or other technology. The Intermediate Unit makes no warranties, either express or implied, for any of the services it provides and will not be responsible for any damages suffered by the user. The Board requires all users to fully comply with this policy and to immediately report any violations or suspicious activities to the Executive Director or designee. 47 U.S.C. Sec. 254 The Board establishes the following materials, in addition to those stated in law and defined in this policy, that are inappropriate for access by minors: {X} Defamatory. {X} Lewd, vulgar, or profane. Pol. 103, 103.1, 104, 248, 348 {X} Threatening. {X} Harassing or discriminatory. Pol. 249 {X} Bullying. Pol. 218.2 {X} Terroristic. {X} Gambling. 24 P.S. Sec. 4604 20 U.S.C. Sec. 6777 47 U.S.C. Sec. 254 The Intermediate Unit reserves the right to restrict access to any Internet sites or functions it deems inappropriate through established Board policy, or the use of software and/or online server blocking. Specifically, the Intermediate Unit operates and enforces a technology protection measure(s) that blocks or Page 5 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 6 filters access to inappropriate matter by minors on its computers used and accessible to adults and students. The technology protection measure shall be enforced during use of computers with Internet access. 24 P.S. Sec. 4604 Upon request by students or staff, the Executive Director or designee shall expedite a review and may authorize the modification of Internet blocking/filtering software to enable access to material that is blocked through technology protection measures but is not prohibited by this policy. 24 P.S. Sec. 4610 20 U.S.C. Sec. 6777 Upon request by students or staff, administrators or program supervisors may authorize the temporary modification of Internet blocking/filtering software to enable access for bona fide research or for other lawful purposes. Written permission from the parent/guardian is required prior to disabling Internet blocking/filtering software for a student’s use. If a request for temporary modification of Internet blocking/filtering software is denied, the requesting student or staff member may appeal the denial to the Executive Director or designee for expedited review. 4. Delegation of Responsibility 24 P.S. Sec. 4604 The Intermediate Unit shall make every effort to ensure that technology resources are used responsibly by students and staff. The Intermediate Unit shall inform staff, students, parents/guardians and other users about this policy through employee and student handbooks, posting on the Intermediate Unit web site, and by other appropriate methods. A copy of this policy shall be provided to parents/guardians, upon written request. Users of Intermediate Unit networks or Intermediate Unit-owned equipment shall, prior to being given access or being issued equipment, sign user agreements acknowledging awareness of the provisions of this policy, and awareness that the Intermediate Unit uses monitoring systems to monitor and detect inappropriate use and tracking systems to track and recover lost or stolen equipment. Student user agreements shall also be signed by a parent/guardian. Students, staff and other authorized individuals have the responsibility to respect and protect the rights of every other user in the Intermediate Unit and on the Internet. Administrators and program supervisors shall make initial determinations of whether inappropriate use has occurred. 20 U.S.C. Sec. 6777 47 U.S.C. The Executive Director or designee shall be responsible for recommending technology and developing procedures used to determine whether the Intermediate Unit's computers are being used for purposes prohibited by law or for accessing Page 6 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 7 Sec. 254 47 CFR Sec. 54.520 sexually explicit materials. The procedures shall include but not be limited to: 1. Utilizing a technology protection measure that blocks or filters Internet access for minors and adults to certain visual depictions that are obscene, child pornography, harmful to minors with respect to use by minors, or determined inappropriate for use by minors by the Board. 2. Maintaining and securing a usage log, where applicable. 3. Monitoring online activities of minors, where applicable. 47 U.S.C. Sec. 254 The Executive Director or designee shall develop and implement administrative regulations that ensure students are educated on network etiquette and other appropriate online behavior, including but not limited to: 1. Interaction with other individuals on social networking web sites and in chat rooms. SC 1303.1-A Pol. 249 5. Guidelines 2. Cyberbullying awareness and response. Network accounts shall be used only by the authorized owner of the account for its approved purpose. Network users shall respect the privacy of other users on the system. Prohibitions Users shall not: 1. Use any technology for any purpose other than for the legitimate educational purposes of the BCIU’s students or for purposes of advancing the legitimate business of the BCIU. 2. Use any technology for personal business or affairs, except as expressly provided in this policy or in administrative regulations promulgated and adopted by the Executive Director or his/her designee. 3. Use any computer unless and until a confidential use ID and password has been assigned to the user. 4. Use any computer without using his/her user ID and/or password. Page 7 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 8 5. Terminate use of any computer without logging off the computer. 6. Disclose his/her user ID and/or password to any other individual. 7. Use or utilize the user ID and/or password belonging to or assigned to any other individual. 8. Post usernames and/or passwords in plain site. 9. Open or log onto any computer, software, program, or application using, utilizing, or inputting the user ID and/or password of any other individual or entity. 10. Misrepresent his/her identify when using the BCIU’s computers. 11. Bypass CIPA-compliant software of any other blocking software that may be used or installed by the BCIU. This includes but is not limited to the use of proxies and port tunneling. 12. Intentionally, willfully, maliciously, or through reckless indifference damage or corrupt the functioning of any technology or any data stored, either temporarily or permanently, on any technology. 13. Visit or access pornographic web sites. 14. Violate any applicable Code of Student Conduct, Pennsylvania’s Code of Professional Practice and Conduct for Educators, BCIU Board policies or employee handbooks. 15. Use any computers unless and until the individual has signed an acknowledgment in the form prescribed by the BCIU, attesting to the individual’s understanding of the rules governing technology use. 16. Intentionally enter any secure or confidential area of the BCIU’s systems or computers without proper authority. 17. Violate any copyright laws or the ownership or license rights of any person or entity and/or use any software or Internet Page 8 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 9 site in violation of any applicable licensing agreement or applicable terms of use. 18. Violate the legal rights of others. 19. Use any technology to access and/or hack into another user’s technology or network in any way or manner that is not authorized by the Executive Director and/or his/her designee. 20. Use any data mining, robots, or similar data gathering and extraction methods in violation of any person’s or entity’s rights. 21. Use technology to violate any applicable law, including the Wiretapping and Electronic Surveillance Control Act. 22. Install any software program onto, or download any software program onto any computers without the express approval of the Executive Director or his/her designee. 23. Fail to report to the Executive Director or his/her designee any time when s/he inadvertently visits or accesses a pornographic site. 24. Violate any applicable work rule when using BCIU technology. 25. Attempt to alter any Intermediate Unit computer or device or network component (including, but not limited to servers, routers, switches, Ethernet ports, telephone jacks) without prior authorization from the Executive Director and/or his/her designee. 26. Attempt to create an unauthorized network, network connection, network extension, or re-transmission of any computer, communication system, or network service (wired or wireless) without prior authorization from the Executive Director and/or his/her designee. 27. Connect unauthorized hardware and/or devices to any communication system or network without prior authorization from the Executive Director and/or his/her designee. Page 9 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 10 28. Delete, disable, or remove any program, application, security feature or virus protection from any BCIU computer, copier, printer, scanner, electronic portable and peripheral device, the internet and other network and technological resources. 29. Participate in any forms of bullying/cyberbullying. Bullying/cyberbullying will not be tolerated. Offenders will be disciplined accordingly. Such action, whether it occurs in a school/work setting and/or outside a school/work setting, that is used to harass, tease, intimidate, threaten, or terrorize another student, teacher, or employee of the BCIU will not be tolerated. For activity that takes place outside of the school/work setting, specific attention will be paid to the impact such bullying/cyberbullying has on the school/work setting in accordance with applicable legal standards. 30. Use content that includes: profane language, sexual content or links to sexual content; violations of privacy, i.e. HIPAA, FERPA, violations of legal ownership or interest, perpetuates discrimination on basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation; may compromise the safety or security of students, clients, employees, or the public; encouragement of illegal activity; information that is sensitive or confidential; and/or content that may compromise the safety or security of students, clients, employees or the public. Safety It is the Intermediate Unit’s goal to protect users of the network from harassment and unwanted or unsolicited electronic communications. Any network user who receives threatening or unwelcome electronic communications or inadvertently visits or accesses an inappropriate site shall report such immediately to a teacher or administrator. Network users shall not reveal personal information to other users on the network, including chat rooms, e-mail, social networking web sites, etc. 47 U.S.C. Sec. 254 47 CFR Sec. 54.520 Internet safety measures shall effectively address the following: 1. Control of access by minors to inappropriate matter on the Internet and World Wide Web. 2. Safety and security of minors when using electronic mail, chat rooms, and other forms of direct electronic communications. Page 10 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 11 3. Prevention of unauthorized online access by minors, including "hacking" and other unlawful activities. 4. Unauthorized disclosure, use, and dissemination of personal information regarding minors. 5. Restriction of minors’ access to materials harmful to them. Prohibitions Users are expected to act in a responsible, ethical and legal manner in accordance with Board policy, accepted rules of network etiquette, and federal and state law. Specifically, the following uses are prohibited: 1. Facilitating illegal activity. 2. Commercial or for-profit purposes. 3. Nonwork or nonschool related work. 4. Product advertisement. SC 1303.1-A Pol. 249 5. Bullying/Cyberbullying. 6. Hate mail, discriminatory remarks, and offensive or inflammatory communication. 7. Unauthorized or illegal installation, distribution, reproduction, or use of copyrighted materials. Pol. 237 8. Accessing, sending, receiving, transferring, viewing, sharing, uploading or downloading obscene, pornographic, lewd, or otherwise illegal materials, images or photographs. 9. Access by students and minors to material that is harmful to minors or is determined inappropriate for minors in accordance with Board policy. 10. Inappropriate language or profanity. 11. Intentional obtaining or modifying of files, passwords, and data belonging to other users. 12. Impersonation of another user, anonymity, and pseudonyms. Page 11 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 12 Pol. 814 13. Fraudulent copying, communications, or modification of materials in violation of copyright laws. 14. Loading or using of unauthorized games, programs, files, or other electronic media. 15. Disruption of the work of other users. 16. Destruction, modification, abuse or unauthorized access to network hardware, software and files. And technology. 17. Accessing the Internet, Intermediate Unit computers or other network resources without authorization. 18. Disabling or bypassing the Internet blocking/filtering software without authorization. 19. Accessing, sending, receiving, transferring, viewing, sharing or uploading/downloading confidential information without authorization. Security System security is protected through the use of passwords. Failure to adequately protect or update passwords could result in unauthorized access to personal or Intermediate Unit files. To protect the integrity of the system, these guidelines shall be followed: 1. Employees and students shall not reveal their passwords to another individual. 2. Users are not to use a computer that has been logged in under another student's or employee's name. 3. Any user identified as a security risk or having a history of problems with other computer systems may be denied access to the network. 4. Employees must comply with all password procedures including password strength requirements and changing passwords on a scheduled basis. 5. Users are to report the loss, theft, and/or destruction of Intermediate issued technology immediately to their supervisor and to the Division of Instructional Materials & Technology. Users are responsible for notifying the proper authorities in the event their technology is stolen or damaged to secure the appropriate police reports. Page 12 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 13 Copyright 17 U.S.C. Sec. 101 et seq Pol. 814 The illegal use of copyrighted materials is prohibited. Any data uploaded to or downloaded from the network shall be subject to fair use guidelines and applicable laws and regulations. Intermediate Unit Web Site The Intermediate Unit shall establish and maintain a web site and shall develop and modify its web pages to present information about the Intermediate Unit under the direction of the Executive Director or designee. All users publishing content on the Intermediate Unit web site shall comply with this and other applicable Board policies. Users shall not copy or download information from the Intermediate Unit web site and disseminate such information on unauthorized web pages without authorization from the administrator or program supervisor. Consequences For Inappropriate Use 24 P.S. Sec. 4604 The network user shall be responsible for damages to the equipment, systems, and software resulting from deliberate or willful acts. Illegal use of the network; intentional deletion or damage to files or data belonging to others; copyright violations; and theft of services shall be reported to the appropriate legal authorities for possible prosecution. General rules for behavior and communications apply when using the Internet, in addition to the stipulations of this policy. Vandalism shall result in loss of access privileges, disciplinary action, and/or legal proceedings. Pol. 218, 233, 317 Failure to comply with this policy or inappropriate use of technology shall result in usage restrictions, loss of access privileges, disciplinary action, and/or legal proceedings. References: School Code – 24 P.S. Sec. 1303.1-A PA Crimes Code – 18 Pa. C.S.A. Sec. 5903, 6312 Page 13 of 14 815. ACCEPTABLE USE OF INTERNET, COMPUTERS AND NETWORK RESOURCES - Pg. 14 Child Internet Protection Act – 24 P.S. Sec. 4601 et seq. U.S. Copyright Law – 17 U.S.C. Sec. 101 et seq. Sexual Exploitation and Other Abuse of Children – 18 U.S.C. Sec. 2256 Enhancing Education Through Technology Act – 20 U.S.C. Sec. 6777 Internet Safety, Children’s Internet Protection Act – 47 U.S.C. Sec. 254 Children’s Internet Protection Act Certifications, Title 47, Code of Federal Regulations – 47 CFR Sec. 54.520 Board Policy – 103, 103.1, 104, 218, 218.2, 220, 233, 237, 248, 249, 317, 348, 814 PSBA Revision 5/10 Page 14 of 14 POLICY STATEMENT POLICY NO. 2150 INTERNAL OPERATIONS WEAPONS – BAN ON USE OR POSSESSION BY STUDENTS/STAFF The Board recognizes the importance of a safe school environment to the educational process. Possession of weapons in the school environment is a threat to the safety of students and staff and is prohibited by law. The Board prohibits possession of weapons and replicas of weapons in any IU building, on any school district property, at any IU or school district sponsored activity, and in any public conveyance providing transportation to school or a school-sponsored activity. It shall be a violation of IU Policy for any student or employee to possess, handle, transmit, keep, use, or threaten to use a weapon at any time while on IU or school district property or while going to or returning from an IU office or school district activity, event, or function by any form of transportation including school bus, vehicle, or on foot. Acts of violence or possession of a weapon on school property in violation of this policy shall be reported immediately to the Executive Director. Board adopted 04/18/066 POLICY STATEMENT POLICY NO. 2151 GENERAL BOARD POLICY POLICY INQUIRIES AND CONCERNS Public inquiries and concerns are welcomed by the Board. Whenever an inquiry or concern is made directly to the Board as a whole, or to a Board member as an individual, it will be referred to the Intermediate Unit administration for study and possible solution. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0150 POLICY STATEMENT POLICY NO. 2155 GENERAL BOARD POLICY SCHOOL VOLUNTEERS Volunteers provide significant services to students by supplementing the work of paid instructional and classified staff, but are not substitutes for paid staff. Typical assignments include supplemental instruction as determined by the classroom teacher, clerical work, and assist in the supervision of student activities. Volunteers will be requested to submit to background checks if their service will require them to be in the presence of students. Use, recruitment and selection of volunteers is at the discretion of the Executive Director or his/her designee. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Revised by Committee 2/17/98 Formerly Policy No. 0155 POLICY POLICY NO. 2160 STATEMENT INTERNAL OPERATIONS HEALTH INSURANCE INFORMATION PRIVACY The Bucks County Intermediate Unit #22 is committed to protecting medical information about employees and others. The IU, the administration, and its agents only will use protected health information (PHI) to the extent and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other federal and state laws. To ensure that the integrity and the confidentiality of PHI are safeguarded to the highest degree possible, the IU will make all reasonable efforts not to use or disclosure more than the minimum amount of protected health information necessary to accomplish the intended purpose of the use or disclosure. The administration shall publish and distribute a Notice of Privacy Practices that informs all employees and others in plain language about the uses and disclosures of PHI; employees’ rights concerning uses and disclosures; and limitations on the Bucks County Intermediate Unit #22 in that it cannot use or disclose information in a manner not covered in the Notice. The administration will establish contractual assurances from all business associates to which PHI is disclosed to the effect that the information will be used only for the purposes for which they were engaged, will be safeguarded from misuse, and will help the Bucks County Intermediate Unit #22 comply with its duties as a public agency. POLICY STATEMENT POLICY NO. 2160 INTERNAL OPERATIONS HEALTH INSURANCE INFORMATION PRIVACY - Continued The Board shall designate the Director of Human Resources as the Privacy Officer designated to enact and monitor all procedures related to the protection of health information, the review of applicable business agreements, and the investigation and response to any complaints filed by its employees or business associates. Board Approved, July, 2003 I. STATEMENT Internal Operations Definitions “Attribution” – An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable. “Electronic Signature”- An electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. POLICY NO. 2170 Electronic Records/Signatures POLICY “Electronic Record” – any record created, generated, sent, communicated, received or stored by electronic means. II. Statement of Policy Under certain conditions electronic records and signatures satisfy the requirements of a written signature when transacting business. The Bucks County Intermediate Unit No. 22 (“IU”) wishes to promote effective and efficient use of electronic communications to conduct business. Although all electronic signatures are represented digitally, they can take many forms and can be created using many different types of technology. The authenticity and reliability of electronic records and signatures relating to transactions are dependent on the accompanying processes, supplemental records and the overall context in which records are created, transferred, signed and stored. The IU adopts the following policy with respect to the use of electronic records and signatures in connection with the transaction of IU business. III. POLICY POLICY NO. 2170 STATEMENT Internal Operations Electronic Records Electronic Records/Signatures Electronic records created or received by the IU shall be appropriately attributed to the individual(s) responsible for their creation and/or authorization or approval. The IU shall utilize available technology to implement reliable methods for generating and managing electronic records. Any electronic record filed with or issued by the IU shall be given full force and effect of a paper communication if the following conditions are satisfied: 1. 2. IV. The communication is an electronic filing or recording and the IU agrees to accept or send such communication electronically; and If a signature is required on the record or communication by any statute, rule or other applicable law or IU policy, the electronic signature must conform to the requirements set forth in this policy governing the use of electronic signatures. Electronic Signature An electronic signature may be used if the law requires a signature unless there is a specific statute, regulation, or rule of law that requires records to be signed in non-electronic form. The issuance and/or acceptance of an electronic signature by the IU shall be permitted in accordance with the provisions of this policy and all applicable state and federal law. Such electronic signature shall have the full force and effect of a manual signature only if the electronic signature satisfies all of the following requirements: 1. 2. 3. 4. The electronic signature identifies the individual signing the document by his/her name and title; The identity of the individual signing with an electronic signature is capable of being validated through the use of an audit trail; The electronic signature and the document to which it is affixed cannot be altered once the electronic signature has been affixed; The electronic signature conforms to all other provisions of this policy. POLICY POLICY NO. 2170 STATEMENT Internal Operations Electronic Records/Signatures V. Acceptance, Use and Issuance of Electronic Records and Signatures 1. The IU shall develop and maintain an electronic recordkeeping system that can receive, store, and reproduce electronic records and signatures relating to transactions in their original form. Such system shall include security procedures whereby the IU can (a) verify the attribution of a signature to a specific individual, (b) detect changes or errors in the information contained in a record submitted electronically, (c) protect and prevent access, alteration, manipulation or use by an unauthorized person, and (d) provide for nonrepudiation through strong and substantial evidence that will make it difficult for the signer to claim that the electronic representation is not valid. 2. The IU shall ensure that all electronic records and signatures are capable of being accurately reproduced for later reference and retained until such time as all legally mandated retention requirements are satisfied. The IU shall designate individuals who are authorized to utilize an electronic signature in connection with IU business and shall require each designated individual to sign a statement of exclusive use. The IU shall maintain a secure hard copy log of the PIN/password or actual signature of any individual authorized to provide an electronic signature in connection with IU business. The IU will receive and accept as original, electronic records and signatures so long as the communication, on its face, appears to be authentic. The IU will retain in its records this policy and all statements of exclusive use, until such time as all legally mandated retention requirements are satisfied. 3. 4. 5. 6. Legal References: Pennsylvania Electronic Transactions Act, 73 P.S. § 2260.101 et seq. U.S. Electronic Signatures in Global and National Commerce Act, Public Law 106-229, 15 U.S.C. § 7001 et seq. Board Adopted: 1st Reading 10.19.2010 2nd Reading & Adoption 11.16.2010 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* TITLE NUMBER PERSONNEL PROCESSES FULL-TIME AND PART-TIME EMPLOYMENT 3100 PERSONNEL RECORDS 3105 PERSONNEL SELECTION 3115 CERTIFICATION 3125 EMPLOYEE HEALTH REQUIREMENTS 3130 ORIENTATION OF STAFF 3135 RECRUITMENT AND TRANSFER 3145 EVALUATION 3150 REQUIRED TRANSPORTATION 3160 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 ACTIVITIES PROFESSIONAL EDUCATIONAL CONSULTING OR TEACHING RELATED SERVICES 3205 CONFERENCES, SEMINARS, MEETINGS, ATTENDANCE 3210 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* ACTIVITIES (continued) PROBLEMS SOLVING PROCEDURE 3215 EMERGENCY SCHOOL CLOSING 3220 COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 3305 PAYROLL DEDUCATIONS 3310 TRAVEL AND EXPENSES 3315 TUITION REIMBURSEMENT 3325 REIMBURSEMENT FOR WORK/HEALTH EXPENSES 3330 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* INSURANCE DENTAL 3340.1 DISABILITY 3340.2 HOSPITALIZATION-MEDICAL INSURANCE 3340.3 LIFE 3340.4 LIABILITY 3340.5 VISION 3340.6 WORKER’S COMPENSATION 3340.7 TRAVEL ACCIDENT 3340.8 PRESCRIPTION DRUGS 3340.9 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* ABSENCES 3405.0 PERSONAL ILLNESS-INJURY 3405.1 COURT WITNESS-JURY DUTY 3405.2 PERSONAL REASONS 3405.3 BEREAVEMENT 3405.4 VACATION 3405.5 EMERGENCY 3405.6 LEAVES 3410.0 CHILDREARING 3410.1 SABBATICAL 3410.2 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS ADMINISTRATIVE, SUPERVISORY, AND CONSULTATIVE PERSONNEL SERIES 3000 TITLE NUMBER Administrative, Supervisory and Consultative Personnel shall include all full-time and regular part-time service administrative personnel, supervisory personnel, program consultants, and *commission officers.* LEAVES (Continued) MILITARY 3410.3 PROFESSIONAL LEAVE 3410.6 HEALTH AND HARDSHIP 3410.7 RETIREE MEDICAL INSURANCE PROGRAM 3420.6 SEPARATION RESIGNATION 3505 DISMISSAL 3510 REDUCTION IN FORCE 3515 RETIREMENT 3520 LONGEVITY INCENTIVE 3520.2 RETIREE MEDICAL INSURANCE PROGRAM 3520.6 RETIREE LIFE INSURANCE 3520.7 POLICY POLICY NO. 3100 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES FULL-TIME AND PART-TIME EMPLOYMENT The Board recognizes the need for both full and part-time administrative, supervisory and consultative personnel. Full-time employees work a minimum of eight hours per day, including one hour for lunch, 260 days per year. Employees working less than full time are considered part-time employees. Board approved 11/19/91 CROSS REFERENCE: 4000, 5000 POLICY POLICY NO. 3105 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES PERSONNEL RECORDS The Executive Director shall organize and maintain personnel records in accordance with state law. Employee personnel records deal with identification, qualification and performance of IU employees and include applications for employment. These records are maintained and controlled by the office of human resources. Classification of Information Category A – shall include information concerning identification, education and training, experience, assignment, attendance, evaluation, compensation and similar data. Category B – shall include references, recommendation, medical information, and similar materials supplied to the IU which is considered to be confidential. Administrators shall have access to employee records on a need to know basis. POLICY STATEMENT POLICY NO. 3105 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES PERSONNEL RECORDS - Continued An employee has the right, upon one day’s notice, to review contents of his or her file (Category A) in the Human Resources Office, and to have material copied therein, at the employee’s expense, at prevailing cost per copy as provided by the IU business office. No material derogatory to an employee’s conduct, service, character or personality may be placed in his or her personnel file until the employee is actually given a copy of said material. The employee may submit for inclusion in his or her personnel file an explanation or statement or clarification expressing his or her viewpoint to any item to be place in his or her personnel file. An employee who leaves employment with the Intermediate unit shall not have access to his/her personnel file after their last paid day of work. Board adopted 04/29/76 Board revised 02/15/77 CROSS REFERENCE: 5105, 4105 Board revised 11/19/91 Formerly Policy 3590 and 3590.1 Board revised 01/17/06 POLICY STATEMENT POLICY NO. 3115 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES PERSONNEL SELECTION When an administrative, supervisory, consultative position is vacant in any of the Intermediate Unit divisions the Executive Director or his designee, with Board approval, will fill the vacancy from among the applicants on the basis of the applicant’s training, experience, references, and interview. Board adopted 12/21/82 Board revised 11/19/91 CROSS REFERENCE: 4115, 5115 POLICY STATEMENT POLICY NO. 3125 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES CERTIFICATION Administrative, supervisory, and consultative employees are responsible for securing and maintaining the appropriate professional certificates or licenses for the position in which they are employed. Requirements for issuance and renewal of professional certificates are regulated by the Pennsylvania Department of Education. The failure to secure and maintain requisite professional certificates or licenses will necessarily jeopardize the employee’s status and continued employment. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4125 POLICY POLICY NO. 3130 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES EMPLOYEE HEALTH REQUIREMENTS Pre-employment medical examinations are required (including a tuberculin test) for the purpose of assuring that the prospective employee is medically fit to assume the duties of his/her prospective position. Further, the Board authorizes the Executive Director to require any employee to submit to a medical exam and/or tests at any time provided the exam relates to a Workmen’s Compensation case or the employee’s job performance. The pre-employment physical is to be paid for by the prospective employee. Post-employment examinations by an Intermediate Unit designed physician shall be paid for by the Intermediate Unit. The cost of treatment shall be paid for by the employee and/or his/her insurance carrier. The Executive Director may require any employee returning from leave to submit a statement from his/her physician stating employee is able to return to work. Board adopted 02/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 3135 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES ORIENTATION OF STAFF The Executive Director or his/her designee shall provide for an adequate period of orientation for all new administrative, supervisory, and consultative employees. During this orientation period, the employee shall be informed of his/her duties, responsibilities, benefits, and policies and procedures. Board adopted 7/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4135, 5135 Board revised 11/19/91 Formerly Policy No. 3540 POLICY POLICY NO. 3145 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES RECRUITMENT AND TRANSFER The Board believes in hiring the best qualified employees. The Executive Director or his designee shall recommend to the Board the salary level of the successful candidate. It is the policy of the Intermediate Unit to inform employees of position openings within the Intermediate Unit and to consider internal applicants for openings. The decision to hire from within or outside shall be made by the Executive Director or his/her designee. The transfer of administrative, supervisory, and consultative employees to positions in the various schools and departments of the Intermediate Unit shall be made by the Executive Director or his designee. Subject to the managerial prerogative of the administration, staff transfers will be effected in order to promote sound educational programs. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4145, 5145 Board revised 11/19/91 Formerly Policy No. 3570 POLICY POLICY NO. 3150 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES EVALUATION There shall be regular performance evaluation of administrative, supervisor, and consultative employees of the Intermediate Unit. The procedure shall be consistent with the requirements stipulated by the Pennsylvania Department of Education and/or the Pennsylvania School Code of 1949, as amended. The Executive Director shall be responsible for establishing and implementing the procedure which links compensation to performance evaluation. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4150, 5150 Board revised 11/19/91 Formerly Policy No. 3580 POLICY STATEMENT POLICY NO. 3160 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL PERSONNEL PROCESSES REQUIRED TRANSPORTATION The employee accepting a position in the administrative, supervisory, and consultative personnel classification level is required to provide his/her own transportation vehicle to enable job performance as required in the member district schools or other state(s) for seminars, meetings, liaisons, or conferences. The Intermediate Unit will reimburse mileage for this travel, but does not reimburse or provide allowance for depreciation of the vehicle. Board adopted 01/18/83 Board revised 11/19/91 CROSS REFERENCE: 3330 POLICY STATEMENT POLICY NO. 3205 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES PROFESSIONAL EDUCATIONAL CONSULTING OR TEACHING RELATED SERVICES The Board recognizes the executive director, assistant executive director, cabinet members, and administrative, supervisory, and consultative employees’ responsibility to contribute to the profession and to the cause of education generally. The Board further believes that it should not prohibit its administrative, supervisory, and consultative employees from participation on evaluation teams, or to serve as speakers or workshop consultants at conferences and conventions provided these activities do not, in the opinion of the Executive Director, conflict with obligations to the Intermediate Unit. The Board expects employees to devote their attention and efforts to the concerns of the Intermediate Unit and the schools it serves. Honoraria and expenses may be accepted for activities (e.g. teaching, advising, and consulting) beyond the duties, responsibilities and scheduled working hours with the Intermediate Unit. If an Intermediate Unit administrative, supervisory, and consultative employee receives an honorarium or serves as paid consultant, during Intermediate Unit scheduled working hours, the administrative, supervisory, and consultative employee shall utilize his or her vacation time or shall report such time to his/her supervisor for payroll deduction purposes. Board adopted 01/16/79 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCES: NONE Board revised 11/19/91 Formerly Policy No. 3640 Board Revised 05/2009 POLICY POLICY NO. 3210 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES CONFERENCES, SEMINARS, MEETINGS ATTENDANCE The Bucks County Intermediate Unit Board encourages employees to attend educational conferences, seminars and meetings, with authorization, subject to the degree to which the conference is of direct value to the Bucks County Schools community and the availability of funds. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 Board revised 8/27/91 effective 8/01/91 CROSS REFERENCE: 4210 Board revised 11/19/91 Formerly Policy No. 3820.2 POLICY STATEMENT POLICY NO. 3215 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES PROBLEM SOLVING PROCEDURE The Board directs the Executive Director to develop a procedure for resolving disagreements with the interpretation and/or application of Board policies or administrative directives. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 4215, 5215 POLICY POLICY NO. 3220 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ACTIVITIES EMERGENCY SCHOOL CLOSING The Board authorizes the Executive Director to close the Intermediate Unit offices in extreme weather conditions. In this instance, no employee shall lose pay or vacation time. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4220, 5220 Board revised 11/19/91 Formerly Policy No. 3810.6 POLICY POLICY NO. 3305 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES The Executive Director shall establish payroll schedules and submit them to the Board for approval. All administrative, supervisory, and consultative employees employed regularly, either full or part-time, shall be paid according to a specific schedule published annually. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 4305, 5305 POLICY POLICY NO. 3310 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL DEDUCTIONS The Board shall approve the types of deductions which may be made from the salary of administrative, supervisory, and consultative employees. Salary deductions approved by the Board will remain in effect from year to year unless specified for a lesser period of time. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4310, 5310 Board revised 11/19/91 Formerly Policy No. 3720 POLICY STATEMENT POLICY NO. 3315 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL COMPENSATION AND RELATED BENEFITS TRAVEL AND EXPENSES The Executive Director, with the approval of the Board, shall be responsible for the establishment of reimbursement guidelines for travel and expense for administrative, supervisory, and consultative employees in the performance of duties. Board adopted 07/20/76 Board revised 03/21/78 Board revised 09/19/78 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4315, 5315 Board revised 11/19/91 Formerly Policy No. 3610 POLICY POLICY NO. 3325 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL COMPENSATION AND RELATED BENEFITS TUITION REIMBURSEMENT Administrative, Supervisory and Consultative employees will be reimbursed for a maximum of nine (9) graduate credits pre-approved by the Executive Director or his/her designee, taken during one fiscal year at an accredited institution. Employees shall be reimbursed at one hundred percent (100%) of the cost of each graduate credit at an approved accredited college or university for a graded course in which the employee earns an “A” grade. Employees shall be reimbursed at eighty five percent (85%) of the cost of a graduate credit at an approved accredited college or university for a graded course in which the employee earns a “B”, or a passing grade in a pass/fail course. Tuition reimbursement will not be paid for each graduate level course in which the employee earns a grade of C or lower, or for failing grades in pass-fail courses. Reimbursement hereunder is not available to Administrative, Supervisory, and Consultative Personnel on leave, unless such leave and reimbursement is authorized by the Board. An official transcript must be received in the Personnel Office before payment can be made. Board Revised 06/17/2001 Board Revised 10/2008 POLICY POLICY NO. 3330 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL COMPENSATION AND RELATED BENEFITS REIMBURSEMENT FOR WORK/HEALTH EXPENSES Administrative, Supervisory and Consultative employees shall be reimbursed for expenses incurred in the following categories listed below, in the exercise of their professional functions, responsibilities and duties as employees of the Intermediate Unit. The Board shall establish the amount of reimbursement at a maximum annual amount of: 2008-2009 2010-2011 $750 per year $950 per year 2009-2010 2011-2012 $850 per year $1050 per year 1. Automobile Insurance 2. Annual Physical Examination 3. Uncovered medical expenses, including vision, dental copays 4. Costs related to continuing education, including books, supplies, fees 5. Costs related to maintaining wellness, including: membership in a wellness program 6. Costs related to the purchase of technology equipment Board adopted 7/21/81 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3160 Board revised 6/17/01 Formerly Policy No. 3730.6 Board Revised 01/17/06 Board Revised 10/2008 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT No. 22 DOYLESTOWN, PA 18901 2010-2011 REIMBURSEMENT FOR WORK/HEALTH EXPENSES IU Policy #3330, amended by the IU Board in July of 2008, allows for partial reimbursement for expenses incurred in the following categories, in the exercise of their professional functions, responsibilities and duties as employees of the Intermediate Unit. The Board has established the amount of reimbursement at a maximum annual amount of $950.00 (prorated for partial year employment). 1. 2. 3. 4. 5. 6. Automobile Insurance Annual Physical Examination Uncovered medical expenses, including vision, dental, copays Costs related to continuing education, including books, supplies, fees Costs related to maintaining wellness, including: membership in a wellness program Costs related to the purchase of technology equipment I, , an administrative employee of the Bucks County Schools Intermediate Unit #22, request reimbursement for $ as outlined in Policy Statement 3330 above. Attached is verification and/or proof of insurance/expenditure. Signature, Administrative Employee APPROVED BY: Director of Human Resources APPROVED BY: Date Signature, Executive Director Date Business office: Bud Req # Date Initials 10/07/2010 POLICY POLICY NO. 3340.1 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE DENTAL The Board provides and pays for a dental insurance program for administrative, supervisory, and consultative employees and eligible dependents. The dental insurance program shall include coverage for the Usual, Customary and Reasonable costs, as determined by the carrier, for basic dental care and for Crown, Inlay and Onlay, Prosthetics and Periodontics to 60% coverage for Supervisory and Consultative staff and 75% coverage for Cabinet members. The Board retains the exclusive right to determine the carrier or to self-insure for dental insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 Board revised 06/19/84 effective 07/01/84 CROSS REFERENCE: 4340.1, 5340.1 Board revised 11/19/91 Formerly Policy No. 3720.2 Board Revised 01/17/06 POLICY POLICY NO. 3340.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE DISABILITY INCOME PROTECTION The Board provides and pays for a disability (illness/accident) income protection plan for administrative, supervisory, and consultative employees. This plan provides for a specified monthly payment based on the employee’s salary. The Board retains the exclusive right to determine the carrier or to self-insure for disability income protection insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4340.2, 5340.2 Board revised 11/19/91 Formerly Policy No. 3730.3 POLICY POLICY NO. 3340.3 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE HOSPITALIZATION AND MEDICAL INSURANCE The Board provides several medical insurance plans for eligible employees, spouses and dependents. Administrators and their eligible dependents shall be enrolled in the same plan. The medical coverage is subject to monthly premium contributions by each employee, as established by the Board annually during open enrollment. Administrative employees shall be offered an annual Open Enrollment period in June of each year for the purpose of changing health care plans or carriers. Al changes made during the Open Enrollment period will be effective the following September 1st. No changes may be made in plan selection except during the annual Open Enrollment period, or due to a life-changing event as defined in the Plan Document. POLICY POLICY NO. 3340.3 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE HOSPITALIZATION AND MEDICAL INSURANCE - Continued The IU Flexible Benefits Plan (formed under the guidelines of Section 125 of the IRS Code) allows employees who can show proof of alternative health insurance coverage to select cash in lieu of health benefits in the annual amount of $1,500.00, payable in prorated monthly installments. In addition, the Section 125 Plan allows administrative employees the option to establish flexible spending and dependent care spending accounts with pre-tax payroll dollars. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 Board revised 10/16/84 Board revised 11/19/91 Board revised 1/19/99 Board Revised 01/17/06 CROSS REFERENCE: 4340.3, 5340.3 POLICY POLICY NO. 3340.4 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE LIFE The Board provides and pays for a term life insurance program for administrative, supervisory, and consultative employees. The amount of life insurance coverage shall be equal to double the employee’s salary, rounded to the nearest thousand dollars, to a maximum of $225,000.00. The employee has the option to purchase additional life insurance coverage through payroll deduction at the employee’s expense. The Board retains the exclusive right to determine the carrier or to self-insure for life insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 03/21/78 Board revised 12/21/82 effective 12/01/82 Board revised 06/19/84 effective 07/01/84 CROSS REFERENCE: 4340.4, 5340.4 Board Revised 01/17/06 Formerly Policy No. 3730 POLICY POLICY NO. 3340.5 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE LIABILITY The Board provides and pays for a liability insurance program for administrative, supervisory and consultative employees while performing their duties as employees of the Intermediate Unit. The Board retains the exclusive right to determine the carrier or to self-insure for liability insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3440.5, 5340.5 Board revised 11/19/91 Formerly Policy No. 3730.4 POLICY POLICY NO. 3340.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE VISION The Board provides and pays for a vision program for administrative, supervisory, and consultative employees and eligible dependents. The Board retains the exclusive right to determine the carrier or to self-insure for vision insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 07/21/81 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 4340.6, 5340.6 POLICY POLICY NO. 3340.7 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE WORKER’S COMPENSATION The Board provides and pays for a Worker’s Compensation insurance coverage for administrative, supervisory, and consultative employees injured on the job. Benefits are in accordance with the Pennsylvania Worker’s Compensation Act. The Board retains the exclusive right to determine the carrier or to self-insure for Worker’s Compensation insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4340.7, 5340.7 Board revised 11/19/91 Formerly Policy No. 3730.5 POLICY POLICY NO. 3340.8 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE TRAVEL ACCIDENT The Board provides and pays for travel accident insurance for administrative, supervisory, and consultative employees when traveling on Intermediate Unit business. The Board retains the exclusive right to determine the carrier or to self-insure for travel accident insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: NONE Board revised 11/19/91 Formerly Policy No. 3730.1 POLICY POLICY NO. 3340.9 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL INSURANCE PRESCRIPTION DRUGS The Board provides and pays for a prescription drug insurance program for administrative, supervisory, and consultative employees and eligible dependents. The Board retains the exclusive right to determine the carrier or to self-insure for prescription drug insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 12/21/82 effective 12/01/82 Board revised 05/31/83 effective 07/01/83 Board revised 11/19/91 CROSS REFERENCE: 4340.9, 5340.9 POLICY POLICY NO. 3405.0 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES ABSENCES The Bucks County Intermediate Unit Board recognizes that instructional employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 04/17/84 effective 07/01/74 Board revised 11/19/91 POLICY POLICY NO. 3405.1 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES PERSONAL ILLNESS – INJURY In any school year whenever an administrative, supervisory, and consultative employee is prevented by illness or accidental injury from fulfilling his or her assigned responsibilities, the Intermediate Unit shall provide full pay up to a limit of the (10) days for employees working a period of ten months, eleven (11) days for employees working a period of eleven months, and twelve (12) days for those on a twelve month work year schedule. Unused sick leave shall be cumulative from year to year within the Intermediate Unit without limitation. The employer may require a physician’s statement for any absence, which exceeds 3 consecutive days or at any other time. Administrative, supervisory and consultative employees may use up to 5 sick days per year for the purpose of caring for the health needs of immediate family members. Employees who were previously employed by the Intermediate Unit will not be credited with any sick leave accumulated during those periods, unless re-employment occurs within one (1) year. However, administrative, supervisory, and consultative employees who sever their employment with any public school district in the Commonwealth of Pennsylvania and immediately thereafter or directly enter into POLICY POLICY NO. 3405.1 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES PERSONAL ILLNESS – INJURY - Continued employment with the Intermediate Unit shall be entitled to transfer accumulated sick leave not exceeding a maximum of twenty-five (25) days. The Executive Director may require the employee to furnish a certificate from a physician or other practitioner certifying that said employee was unable to perform his or her duties during the period of absence for which compensation is required to be paid under this section. At retirement, each ASCP member will be compensated for all accumulated unused sick days as follows: If an ASCP member has accumulated greater than or equal to 100 unused sick days, each day will be compensated at $65/ day. If an ASCP has accumulated less than 100 unused sick days, each day will be compensated at $45.00/ day. This provision applies to all ASCP employees who retire, regardless of their eligibility for any other retirement or longevity incentive. The amount paid under this policy will be recorded as income received by the retiree, but will be paid into a special tax deferred account as established by the IU for such purpose. Board adopted 07/20/76 Board revised 09/15/81 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3410.7, 4405.1, 5405.1 Board Revised 01/17/06 Formerly Policy No. 3810.1 Board Revised 10/08 POLICY POLICY NO. 3405.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES COURT WITNESS – JURY DUTY Administrative, supervisory, and consultative employees are encouraged to fulfill their civic responsibilities. Accordingly, employees who are called as a witness in a court proceeding or to serve on juries shall be paid the difference between the stipend they receive as witness or juror and their regular salary. Board adopted 07/20/76 CROSS REFERENCE: 4405.2, 5405.2 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3810.4 POLICY POLICY NO. 3405.3 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES PERSONAL REASONS Each administrative, supervisory, and consultative employee, with the approval of his or her immediate supervisor, is eligible for three (3) days of leave for personal reasons (including days of religious observance) in any fiscal year without loss of salary. Additional excused absence for certain pre-approved situations without salary deductions may be granted each year by the Executive Director or his designee. Unused personal days shall be credited to accumulated sick leave at the end of each school year. Board adopted 07/20/76 CROSS REFERENCE: 4405.3, 5405.3 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3810.5 Board revised 11/19/91 POLICY POLICY NO. 3405.4 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES BEREAVEMENT An administrative, supervisory, and consultative employee shall be entitled to a maximum of five (5) days of leave without loss of salary for a death in the immediate family. Members of the immediate family shall be defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law or near relative who resides in the same household, or any person with whom the employee has made his home. In the case of death of a near relative other than those mentioned above, there shall be no deduction in the salary of said employee for absence on the day of the funeral. A near relative shall be defined as first cousin, grandfather, grandmother, aunt, uncle, nephew, niece, son-in-law, daughter-in-law, brother-inlaw, or sister-in-law. The Board may extend the period of absence with pay at its discretion as the exigencies of the case may warrant. Board adopted 07/20/76 CROSS REFERENCE: 4405.4, 5405.4 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3810.3 POLICY POLICY NO. 3405.5 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES VACATION Administrative, Supervisory and Consultative employees who have completed one full year of service in the Bucks County Intermediate Unit shall receive twenty (20) days of paid vacation per year. Administrative, Supervisory and Consultative employees with less than one full fiscal year of service shall be granted vacation on a prorate basis according to the attached schedule. On the tenth year anniversary date of full-time employment with the Bucks County Intermediate Unit, Administrative, Supervisory and Consultative employees become eligible for twenty-five (25) days of paid vacation per year. When the anniversary date falls during the fiscal year, vacation will be prorated at 20 days per year up to the month of the anniversary date and at 25 days per year from the anniversary date to the end of the fiscal year, according to the attached schedule. POLICY POLICY NO. 3405.5 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES VACATION - Continued Vacation days earned during the previous fiscal year and all but ten accumulated vacation days must be used prior to August 31. Up to ten days of accumulated vacation days, as of August 31, may be carried forward. Additionally, up to five (5) unused vacation days which would otherwise be forfeited may be directly invested, on the employee’s behalf, in the employee’s existing tax sheltered annuity (403-B plan) or Individual Retirement Account (IRA). The amount allocated for this purpose shall equal the number of unused vacation days, multiplied by the daily rate of the employee in effect at the time the vacation was earned. Administrative, Supervisory and Consultative personnel who terminate their service with the Intermediate Unit shall receive payment at their current rate of pay for unused earned vacation, up to a maximum of 35 days. Board adopted 07/20/76 Board revised 03/31/78 Board revised 05/15/84 effective 07/01/84 Board revised 11/19/91 Board revised 06/19/01 Board revised 12/21/82 effective 12/01/82 Board revised 05/14/85 POLICY POLICY NO. 3405.5 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES VACATION - Continued CODE ASCP V1 - 20 DAYS JULY V2 - 25 DAYS (10 YEARS) 2 AUG 3 2 SEPT 2 2 OCT 2 2 NOV 2 1.5 DEC 2 1.5 JAN 2 1.5 FEB 2 1.5 MAR 2 1.5 APR 2 1.5 MAY 2 1.5 JUNE 2 1.5 2 CLASSIFIED V3 - 10 DAYS 1 1 1 1 1 1 1 1 0.5 0.5 0.5 0.5 V4 - 15 DAYS (5 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 1 1 V5 - 16 DAYS (11 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 V6 - 17 DAYS (12 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 1 V7 - 18 DAYS (13 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 V8 - 19 DAYS (14 YEARS) 2.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 V9 - 20 DAYS (15 YEARS) 2.5 2.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 POLICY POLICY NO. 3405.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES EMERGENCY ABSENCES The Executive Director is empowered to grant leave without loss of pay for certain emergency absences of administrative, supervisory, and consultative employees that are beyond the employee’s control and may cause the employee personal embarrassment, extreme handicap, or jeopardize the employee’s position in the school and the community should the employee appear for assigned duties. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4405.6, 5405.6 POLICY POLICY NO. 3410 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL LEAVES LEAVES The Bucks County Intermediate Unit Board recognizes that instructional employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 04/17/84 effective 07/01/74 Board revised 11/19/91 POLICY POLICY NO. 3410.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES SABBATICAL LEAVE A. Eligibility Requirements Sabbatical leaves of absence are available to all ASCP personnel who are eligible for sabbatical leaves under Section 1166 of the Pennsylvania Public School Code of 1949, as amended, shall be granted in accordance with the provisions of the Public School Code and the following policies: Any person employed in the public school system of this Commonwealth, who has Completed ten (10) years of satisfactory service shall be entitled to a sabbatical leave of Absence for restoration of health or professional development, or at the discretion of the Intermediate Unit Board for other purposes. At least five (5) consecutive years of service, Excluding authorized leaves of absence, shall have been in the Bucks County Intermediate Unit prior to said leave. A subsequent sabbatical leave shall be allowed following seven (7) years of service after a previous sabbatical leave. POLICY POLICY NO. 3410.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES SABBATICAL LEAVE - Continued A sabbatical leave shall be for a half or a full work year or for two (2) half work years during a period of two (2) calendar years, at the option of the employee, subject to conditions described hereinafter, provided that sabbatical leave for professional development shall be limited as provided in the School Code. A sabbatical leave of absence for professional development must consist, at a minimum, of the following: nine (9) graduate level credit courses, 12 undergraduate credits, 180 hours of professional development activities or a combination of these for leaves of half a school term; and 18 graduate credits, 24 undergraduate credits, or 360 hours or professional development activities or a combination of these for leaves of a full school term. Applications for sabbatical leaves of absence shall be given preference according to the years of service since the previous sabbatical leave of the applicant, provided, however, that sabbatical leaves requested for restoration of health will be given first preference. The Intermediate Unit Board may limit the number of sabbatical leaves of absence granted in any school year to no more than ten percent (10%) of the number of persons eligible for such leave of absence regularly employed in the Intermediate Unit. POLICY POLICY NO. 3410.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES SABBATICAL LEAVE - Continued Salary and Related Benefits The person on sabbatical leave of absence shall receive one-half of the salary he/she would have received as a regular employee during the period he/she is on sabbatical leave. A sabbatical leave granted to an employee shall also operate as a leave without pay from all other school activities. Employee benefits will continue to be provided during the period of sabbatical leave. Employees on sabbatical leave shall be entitled to tuition reimbursement benefits. An employee on sabbatical leave for the purpose of professional development only may request preapproval of the Executive Director at his discretion for reimbursement of credits beyond the maximum number as provided in Policy #3325. Employees on sabbatical leave may receive an educational grant for further study from an institution of learning. The person on sabbatical leave shall continue his/her membership in the Public School Employees’ Retirement System. The Intermediate Unit shall pay into the retirement fund the full amount required by law on the employee’s full salary. The amount of contribution by the employee shall be deducted from any compensation payable to the employee while on leave. Extended Leave Due to Illness If a sabbatical leave for one-half work year or its equivalent has been granted and the person is unable to return to service because of illness or physical disability, the person, upon written request prior to the expiration of the original leave, shall be entitled to a further sabbatical leave for one-half school year or its equivalent. POLICY POLICY NO. 3410.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES SABBATICAL LEAVE - Continued If a sabbatical leave for a full school work or its equivalent has been granted and the person is unable to return to service because of illness or physical disability, the Intermediate Unit Board may extend the sabbatical leave, with or without pay or benefits for such periods as it my determine but the extension shall not exceed twelve (12) months or its equivalent. Agreement to Return No sabbatical leave of absence shall be granted unless the person shall agree in writing to return to employment with the Intermediate Unit for a period of not less than one (1) work year immediately following such leave of absence. Retention of Rights No sabbatical leave shall be considered a termination or breach of contract and the employee on sabbatical leave shall be return to the same position from which he/she was granted the leave. If the same position from which the employee was granted the leave no longer exists, or if a transfer would have taken effect during the leave, then the employee may be reassigned. Every employee on sabbatical leave shall be considered in regular full-time daily attendance in the position from which leave was taken during the period of such leave for the purpose of determining his/her length of service, rights to salary increases and retirement benefits as provided by law. POLICY POLICY NO. 3410.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES SABBATICAL LEAVE - Continued Failure to Return Following Sabbatical Leave Forfeiture of Benefits Upon expiration of a sabbatical leave, the requirement that the person on leave of absence shall return to the service of the Intermediate Unit and be restored to the same position that he/she occupied prior thereto, may be waived by the consent of the Intermediate Unit Board. If the IU Board has not waived the obligation to return to service upon expiration of the sabbatical leave and the employee fails to return, unless prevented by illness or physical disability, the employee shall forfeit all benefits for the period of the sabbatical leave to which said employee would have been entitled under this Agreement. Return of Employer Retirement Contributions If the employee resigns or fails to return to his/her employment, unless the requirement to return to service is waived by the Intermediate Unit Board, the amount contributed by the Intermediate Unit Board under this Agreement to the Public School Employees’ Retirement Fund shall be deducted from the refund payable to the employee under existing law and the amount deducted shall be refunded to the Intermediate Unit by which it was paid. Board adopted 07/20/76 Cross Reference 4410.2 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3820.1 Board revised 10/20/87 Board Adopted 04/18/06 POLICY POLICY NO. 3410.1 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES CHILDREARING LEAVE An administrative, supervisory, and consultative employee who is expecting or whose spouse is expecting the birth of a child which the employee contemplates will reside in his or her household, or who expects to adopt a child, and who wishes to continue employment following a period of absence taken for the purpose of rearing the child, may be granted a leave of absence without pay but which continues Board paid insurance benefits. The maximum length of such leave for employees shall be one (1) full year. Upon termination of the childrearing leave, the employee shall be reinstated to the position he or she held before commencing the leave of absence, subject to the right of the employer to reassign employees. POLICY POLICY NO. 3410.1 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES CHILDREARING LEAVE - Continued Childrearing leave may be terminated at the request of the employee be written notification of intent to return made to the office of the Executive Director at least sixty (60) days prior to a requested termination date which has been approved. It is recommended that at least ninety (90) days’ notice be given. Any employee returning from a childrearing leave shall not forfeit any seniority or any other rights accrued prior to the leave. Seniority shall continue to accrue during the approve leave. No employee shall be entitled or granted a period of paid or unpaid absence or leave allowed or authorized under any other policy of the Board or the Public School Code of 1949, as amended, during any period of absence approved under this policy. Board adopted 03/18/80 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4410.1, 5410.1 Board revised 11/19/91 Formerly Policy No. 3820.6 POLICY POLICY NO. 3410.3 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES MILITARY LEAVE Military leave of absence will be granted in accordance with Sections 1176, 1177, 1178, 1179, 11890, 1181, and 1182 of the Pennsylvania Public School Code of 1949, as amended. Board adopted 07/20/76 CROSS REFERENCE: 4410.3, 5410.3 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3820.5 POLICY POLICY NO. 3410.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES PROFESSIONAL LEAVE Requests for a one-semester or one-year leave of absence without pay may be granted by the Intermediate Unit Board of School Directors upon recommendation of the Executive Director for administrative, supervisory, and consultative personnel who wish to broaden their experience through research or further study. Approval is subject to the following conditions: The applicant must have served at least five (5) years on the Intermediate Unit staff prior to the date the leave is to begin. The applicant must return to the Intermediate Unit staff for a minimum of one full year of employment directly following the period of approved leave. If the applicant does not return, he or she must repay the Intermediate Unit for any monies received or payment made on behalf of, including the amounts paid by the Intermediate Unit into the Public School Employees’ Retirement Fund representing its share of the contributions. POLICY POLICY NO. 3410.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES PROFESSIONAL LEAVE - Continued While on leave the employee must submit to the Executive Director two (2) progress reports in conformity with mutually determined guidelines. Such leaves shall be without pay, but the employee may continue to receive retirement credit, as though it were a year of service, providing that the employee continues to pay his or her share of the contributions to the Public School Employees’ retirement Fund. During such leaves, the employee will not be considered to have a break in service, and will continue to accrue seniority and service credit. The employee will not accrue salary increments while on such leave. While on such leave, the employee will not accrue additional sick leave and will not receive or accrue any other benefit accorded by the Board, e.g., insurance coverage and vacation, except that the employee may continue to receive insurance coverage by paying the amounts normally paid by the Intermediate Unit on account of the employee. Board adopted 07/20/76 CROSS REFERENCE: 4410.4 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3820.1 Board revised 11/19/91 POLICY POLICY NO. 3410.7 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL ABSENCES AND LEAVES HEALTH AND HARDSHIP LEAVE Each administrative, supervisory, and consultative employee shall have 15 days health and hardship leave annually, cumulative to 75 days, without loss of pay. This leave may be extended at the discretion of the Executive Director up to 115 days without the approval of the Board and up to 210 days with the approval of the Board. Accumulated personal illness and injury leave shall be exhausted prior to the receipt of health and hardship leave. Board adopted 07/20/76 CROSS REFERENCE: 3405.1 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 3820.4 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 3505 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION RESIGNATION An administrative, supervisory, and consultative employee who intends to resign should notify his or her immediate supervisor, in writing, at least sixty (60) days prior to the effective date of the resignation. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4505, 5505 POLICY POLICY NO. 3510 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION DISMISSAL The dismissal of an administrative, supervisory, or consultative employee shall be consistent with Section 514 of the Pennsylvania School Code of 1949, as amended. If an administrative, supervisory, or consultative employee is a professional employee that employee’s contract will be terminated in accordance with provisions of the Public School Code for any one of the following causes: immorality; incompetency; intemperance; cruelty; persistent negligence; mental derangement; and persistent and willful violation of the school laws of Pennsylvania. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4510, 5510 POLICY STATEMENT POLICY NO. 3515 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION REDUCTION IN FORCE In the event that the Board determines that it is necessary, due to declining enrollment, abolition or change of program or for any other reason permitted by law, to reduce the number of administrative, supervisory, and consultative employees of the Intermediate Unit, this policy will be followed in making such reductions in force. The Board, upon receiving the recommendations and advice of the Executive Director, will determine the positions in which reductions in administrative, supervisory and consultative personnel staff shall occur and shall determine the number of positions which shall be eliminated. In conjunction with recommendations concerning the preceding, the Executive Director shall furnish the Board with a list of the temporary administrative, supervisory and consultative employees who are temporary professional or tenured professional employees who are recommended for termination or suspension, respectively, after the administrative, supervisory, and consultative staff has been realigned to insure that the more senior professional employees are provided with the opportunity fill positions for which they are certificated which were being filled by less senior professional employees or temporary professional employees. POLICY POLICY NO. 3515 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION REDUCTION IN FORCE - Continued The listing shall include information concerning the seniority acquired within the Intermediate Unit, the certification(s) held and the rating of each such employee as set forth on his/her most recent PDE-5501 evaluation form. If administrative, supervisory, and consultative employees who are temporary professional employees under the School Code must be terminated in order to effectuate reductions, they will be terminated without regard to their seniority. If tenured administrative, supervisory, and consultative employees must be suspended in order to effectuate reductions, such employees shall be suspended in the inverse order of their seniority. “Seniority” for the purpose of determining which tenured administrative, supervisory, and consultative employees shall be suspended will be determined in accordance with the following guidelines: Seniority means the length of continuous service with the Intermediate Unit since the date of most recent hire as a temporary or tenured professional employee. Seniority shall continue to accrue and continuity of seniority shall not be lost during the period of any approved leave of absence, or during a period of suspension. Seniority will not accrue during any unauthorized absence. Continuity of service shall be considered broken by resignation, dismissal, retirement, abandonment of contract, or a period of unauthorized absence in excess of ten (10) days. The date of most recent hire shall be determined by the effective date established by the Board when it acted to appoint the professional employee, as reflected upon the official minutes of the Board. POLICY POLICY NO. 3515 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION REDUCTION IN FORCE (Continued) No period of time spent as a per-diem or long-term substitute, or during which an employee was employed prior to appointment by the Board as reflected upon official minutes, shall be counted in computing seniority. Part-time professional employees shall accrue seniority on a pro-rate basis, i.e., one year of one-half time will equal one-half year of seniority. In the event that the seniority of two or more professional employees is equal, the most senior shall be determined by lottery. At the time of suspension the Board shall establish a listing of the order in which employees are suspended in accordance with this policy. No new appointment shall be made by the Board while there is a suspended employee available who is properly certificated to fill such vacancy. Positions from which administrative, supervisory, and consultative employees are on approved leaves of absence shall be considered temporary vacancies and shall be temporarily filled, when practical, by suspended employees. However, where a suspended employee fills a temporary vacancy, upon return of the employee who, is on an approved leave of absence, the temporary fill will terminate without the necessity of further Board action. To be considered eligible for reinstatement a suspended employee shall report annually to the Board during the month of July in writing his/her mailing address and his/her intent to accept a position for which he/she is qualified if offered. Failure to report as required would make the suspended employee ineligible for reinstatement and may lead to their termination. engaging in another occupation during the period of suspension. Employees are not prohibited from POLICY POLICY NO. 3515 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION REDUCTION IN FORCE (Continued) If a suspended employee refused a permanent vacancy for which he/she is qualified, unless he/she is then enrolled in a college program (in which case he/she may delay reinstatement until the end of the current semester only), the Board shall have no further obligation to reinstate that person in the event of any later or additional vacancy, and may take steps to terminate the employee. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4515 POLICY STATEMENT POLICY NO. 3520 ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION RETIREMENT Administrative, supervisory, and consultative employees may voluntarily retire from the Intermediate Unit in accordance with the provisions of the Public School Employees’ Retirement System. Board adopted 07/20/76 Board revised 09/19/78 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4520, 5520 Board revised 11/19/91 Formerly Policy No. 3620 POLICY POLICY NO. 3520.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION LONGEVITY INCENTIVE In recognition of ten (10) or more years of service to the Intermediate Unit, immediately prior to retirement, Administrative, Supervisory and Consultative employees are entitled to retirement incentive payments according to the following schedule: LONGEVITY INCENTIVE Years of Service at Date of Retirement Payment Over 30 years 30% of Highest annual salary Over 35 years 40% of Highest annual salary Administrative, Supervisory and Consultative employees, who wish to receive the retirement incentive payment, must submit a letter of intent to retire to the Executive Director not later than thirteen (13) months prior to the date and year in which the employee plans to retire and must otherwise meet the eligibility requirement with the Pennsylvania Employees’ Retirement System. The longevity incentive will sunset on June 30, 2010. The longevity incentive for ASCP members who have 30 years of Bucks County IU experience will sunset on June 30, 2011. POLICY POLICY NO. 3520.2 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION LONGEVITY INCENTIVE - Continued In the event that an employee dies following actual retirement, but prior to payment for retirement incentive, the benefit shall be paid to the employee’s estate. If the employee dies prior to retirement, no benefit shall be paid. The amount paid under this policy will be recorded as income received by the retiree, and will appear on the W 2 Federal Withholding Statement. At such times that the Pennsylvania School Employee’s Retirement System offers an early retirement “window,” the Retirement Incentive Program will be amended to match the criteria as set forth by PSERS for retirement without penalty. SICK LEAVE ACCUMULATION INCENTIVE AT RETIREMENT At retirement, each ASCP member will be compensated for all accumulated unused sick days as follows: A. If an ASCP member has accumulated greater than or equal to 100 unused sick days, each day will be compensated at $65/ day B. If an ASCP has accumulated less than 100 unused sick days, each day will be compensated at $45.00/ day Board adopted 11/19/91 Board updated on 11/16/10 POLICY POLICY NO. 3520.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION RETIREE MEDICAL INSURANCE PROGRAM Recognizing the hospitalization and major medical insurance needs of Administrative, Supervisory and Consultative employees retiring after ten or more years of service from the Intermediate Unit, the Board shall make available to retiree groups, medical insurance for the sole purpose of providing continued group rate benefits to the retiree and dependents until that retiree reaches Medicare eligibility, or until said retiree enters into employment where medical insurance is provided. The premium for retirees and eligible dependents shall be paid by the Board according to the schedule established and reviewed periodically by the Board. The Intermediate Unit shall pay up to 80%, or $4,000.00 per year, whichever is less, of the cost of said medical insurance for retirees. Eligible participants are required to contribute towards the Intermediate Unit Board’s cost of funding the Plan, all available premium assistance subsidies received by the participant from the Pennsylvania State Employees Retirement System, or any other available medical insurance premium assistance program. POLICY POLICY NO. 3520.6 STATEMENT ADMINISTRATIVE, SUPERVISORY, CONSULTATIVE PERSONNEL SEPARATION RETIREE MEDICAL INSURANCE PROGRAM - Continued All participants are required to apply for all applicable and available medical insurance premium assistance through the Pennsylvania School Employees Retirement System or any other available medical insurance premium assistance program. Choices for lines of coverage shall be the same as offered under COBRA. In the event that the retiree reaches Medicare eligibility prior to the time that the retiree’s eligible spouse reaches Medicare eligibility, the eligible spouse may remain on the retiree group insurance plan until the eligible spouse reaches Medicare eligibility. The premium for a retiree’s eligible spouse during this time will be paid in full by the retiree and/or eligible spouse. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 4505, 5505 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL SERIES 4000 Instructional personnel shall include personnel who are job classified as full-time and regular part-time special education teachers, resource teachers, itinerant teacher and any other employee required to be certified or licensed by the Pennsylvania Department of Education or other appropriate agencies (excluding those employees who meet the definition of Administrative, Supervisory and Consultative Personnel), (Policy 3000). Instructional personnel who are duly certified and serving as “professional employees”, as defined in the Public School Code of 1949, as amended, are entitled to the benefits, rights and privileges provided to all Instructional Personnel by Board policy. TITLE NUMBER PERSONNEL PROCESSES PERSONNEL RECORDS 4105 PERSONNEL SELECTION 4115 CERTIFICATION 4125 EMPLOYEE HEALTH REQUIREMENTS 4130 ORIENTATION OF STAFF 4135 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER PERSONNEL PROCESSES - Continued ASSIGNMENT 4140 TRANSFER 4145 EVALUATION 4150 REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER ACTIVITIES - Continued CONFERENCES, SEMINARS, MEETINGS ATTENDANCE 4210 PROBLEM SOLVING PROCEDURE 4215 EMERGENCY SCHOOL CLOSING 4220 CONTRACT TERM 4225 SCHOOL CALENDAR 4230 LENGTH OF WORKING DAY 4235 PROFESSIONAL GROWTH 4240 PROFESSIONAL EDUCATION SERVICES 4245 SUBSTITUTE EMPLOYEES 4255 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL SERIES 4000 TITLE NUMBER COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 4305 PAYROLL DEDUCTIONS 4310 INSURANCE LIFE 4340.4 LIABILITY 4340.5 VISION 4340.6 WORKER’S COMPENSATION 4340.7 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER ABSENCES ABSCENCES 4405 PERSONAL ILLNESS/INJURY 4405.1 COURT WITNESS/ JURY DUTY 4405.2 PERSONAL LEAVE DAYS 4405.3 BEREAVEMENT LEAVE 4405.4 DISCRETIONARY LEAVE 4405.6 LEAVES 4410.0 CHILDREARING 4410.1 SABBATICAL 4410.2 MILITARY LEAVE 4410.3 MEDICAL LEAVE 4410.4 PERSONAL LEAVE 4410.5 BUCKS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS INSTRUCTIONAL PERSONNEL TITLE SERIES 4000 NUMBER SEPARATION RESIGNATION 4505 DISMISSAL 4510 REDUCTION IN STAFF 4515 RETIREMENT 4520 POLICY STATEMENT POLICY NO. 4105 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES PERSONNEL RECORDS The Intermediate Unit’s official personnel files for all employees are retained in the Personnel Office. An employee has the right, upon one day’s notice, to review contents of his or her file, except for confidential, pre-employment recommendations, and to copy material therein at the employee’s expense – ten cents per copy. No material derogatory to an employee’s conduct, service, character, or personality, may be placed in his or her personnel file until the employee is actually given a copy of said material. The employee may submit for inclusion in his or her personnel file an explanation or statement or clarification expressing his or her viewpoint to any item to be placed in his or her personnel file. Board adopted 01/17/06 POLICY STATEMENT POLICY NO. 4115 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES PERSONNEL SELECTION The Board believes in obtaining the best qualified employees. The Executive Director or his designee is directed to establish procedures to ensure the recruitment of qualified personnel. The Executive Director or his designee shall recommend a candidate and salary level to the Board. Initial placement on the salary schedule at the time of employment shall be at the discretion of the Intermediate Unit. It shall be the duty of the Executive Director to ensure that persons nominated for employment shall meet all qualifications established by law and by the Board for the position for which nomination is made. Board adopted 12/21/82 Board revised 11/19/91 CROSS REFERENCE: 3115, 5115 POLICY STATEMENT POLICY NO. 4125 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES CERTIFICATION Instructional employees are responsible for securing and maintaining the appropriate professional certificates or licenses for the position in which they are employed. Requirements for issuance and renewal of professional certificates are regulated by the Pennsylvania Department of Education. The failure to secure and maintain requisite professional certificates or licenses will necessarily jeopardize the employee’s status and continued employment. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3125 POLICY STATEMENT POLICY NO. 4130 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES EMPLOYEE HEALTH REQUIREMENTS Pre-employment medical examinations are required (including a tuberculin test) for the purpose of assuring that the prospective employee is medically fit to assume the duties of his/her prospective position. Further, the Board authorizes the Executive Director to require any employee to submit to a medical exam and/or tests at any time provided the exam relates to a Workmen’s Compensation case or the employee’s job performance. The pre-employment physical is to be paid for by the prospective employee. Post-employment examinations by an Intermediate Unit designated physician shall be paid for by the Intermediate Unit. The cost of treatment shall be paid for by the employee and/or his/her insurance carrier. The Executive Director may require any employee returning from leave to submit a statement from his/her physician stating employee is able to return to work. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3130, 5130 POLICY STATEMENT POLICY NO. 4135 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES ORIENTATION OF STAFF The Executive Director or his designee shall provide for an adequate period of orientation of all new instructional employees. During this orientation period, the employee shall be informed of his/her duties, responsibilities, benefits, and policies and procedures. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3135, 5135 POLICY STATEMENT POLICY NO. 4140 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES ASSIGNMENT The assignment of instructional employees to positions in the various schools and departments of the Intermediate Unit shall be made by the Executive Director or his designee. Subject to the managerial prerogative of the administration, staff assignments will be effected in order to promote sound educational programs. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 3140, 5140 POLICY STATEMENT POLICY NO. 4145 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES TRANSFER An employee who wishes to transfer from his/her present assignment shall have the right to submit annually a written request for transfer. Such transfer requests, once submitted, shall remain in effect until the beginning of school each year, unless sooner rescinded by the employee in writing. The Administration will post at the main Intermediate Unit Office a list of known permanent vacancies in bargaining unit positions for the following year on or about May 15 each year. A copy of the posting will be sent to the Association. After May 15, the Intermediate Unit will provide, upon request, a list of known vacancies to the Association. The Intermediate Unit Personnel Office will also notify individuals who have written requests for transfer on file for similar positions. Employees who either apply for a posted position or who have on file a written request for transfer to such a position shall be given consideration for transfers which occur up to the beginning of school each year. In the event that involuntary transfers become necessary as a result of a reduction in positions, the Intermediate Unit will informally seek and consider volunteers from among the affected teachers to accomplish such transfers. POLICY STATEMENT POLICY NO. 4145 INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES TRANSFER - Continued If the transfers are not accomplished through volunteers, then the employee(s) to be transferred will be notified of any existing permanent vacancies. Such employee(s) will be given first consideration for a vacancy which he/she requests, subject to the provisions of paragraphs 5 and 6 below. Final decision concerning all transfer shall remain within the discretion of the Intermediate Unit Administration. The primary basis upon which transfer decisions are made is the needs and best interests of the educational program. Other factors which are taken into consideration where they are relevant and significant include certification, experience, seniority, past performance, education, skill, talent, ability, constructive working relationships, and personal considerations or hardships. Each employee who requests a transfer to a specific vacant position shall be notified whether or not he/she is selected for the position. If the employee is not satisfied, he/she may request a conference with the Executive Director or his designee within two (2) weeks. Board adopted 11/16/76 Board revised 2/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 10/16/84 Board revised 10/20/87 CROSS REFERENCE: 3145, 5145 POLICY POLICY NO. 4150 STATEMENT INSTRUCTIONAL PERSONNEL PERSONNEL PROCESSES EVALUATION There shall be a plan for regular evaluation of instructional employees of the Intermediate Unit. This plan shall make provisions for the recognition of employee performance and continued employee improvement. This plan shall be consistent with the requirements stipulated by the Pennsylvania Department of Education and existing Intermediate Unit policies. The Executive Director shall be responsible for establishing and implementing the procedures of the evaluation plan. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 3150, 5150 POLICY STATEMENT POLICY NO. 4210 INSTRUCTIONAL PERSONNEL ACTIVITIES CONFERENCES, SEMINARS, MEETINGS ATTENDANCE The Bucks County Intermediate Board encourages employees to attend educational conferences, seminars and meetings, with authorization, subject to the degree to which the conference is of direct value to the Bucks County Schools community and the availability of funds. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 Board revised 8/27/91 CROSS REFERENCE; 3210 Board revised 11/19/91 Formerly Policy No. 3820.2 POLICY STATEMENT POLICY NO. 4215 INSTRUCTIONAL PERSONNEL ACTIVITIES PROBLEM SOLVING PROCEDURE The Board directs the Executive Director to develop a procedure for resolving disagreements with the interpretation and/or application of Board policies or administrative directives. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3215, 5215 POLICY STATEMENT POLICY NO. 4220 INSTRUCTIONAL PERSONNEL ACTIVITIES EMERGENCY SCHOOL CLOSING Personnel are expected to report to work on all days other than when their assigned locations are closed due to inclement weather or other emergency closings. Payroll deductions will be made for personnel failing to report to school on a day when assigned schools are open. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 4220, 5220 Board adopted 04/17/84 effective 07/01/84 Formerly Policy No. 4510.4 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 4225 INSTRUCTIONAL PERSONNEL ACTIVITIES CONTRACT TERM Instructional personnel are contracted for 194 days per year, unless specifically contracted with for a longer or shorter period of time. Although the calendars of the local school districts where employees are assigned do not always encompass a full 194 days, instructional personnel are contractually obligated to the Intermediate Unit for that number of days. First year instructional personnel are contracted for 5 additional days beyond their 194-day base work year for the purpose of completed required induction activities. Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: NONE POLICY STATEMENT POLICY NO. 4230 INSTRUCTIONAL PERSONNEL ACTIVITIES SCHOOL CALENDAR Instructional personnel assigned to any one particular school are expected to observe that local school district’s calendar, except under extenuating circumstances. Instructional personnel assigned to the Intermediate Unit office site are expected to observe the Intermediate Unit calendar prepared annually by the Executive Director. Board adopted 11/16/76 CROSS REFERENCE: NONE Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 4610 POLICY STATEMENT POLICY NO. 4235 INSTRUCTIONAL PERSONNEL ACTIVITIES LENGTH OF WORKING DAY The normal work day for employees will continue as in existing policy and practice, but shall not exceed seven and one-half (7.5) hours, provided however, that up to a maximum of nine (9) meetings per year that extend the normal work day beyond seven and one-half (7.5) hours may be called by Intermediate Unit supervisors for any reason. Board adopted 11/16/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 04/17/84 effective 07/01/84 Board revised 10/16/84 CROSS REFERENCE: NONE Board revised 10/20/87 Formerly Policy No. 4620 POLICY POLICY NO. 4240 STATEMENT INSTRUCTIONAL PERSONNEL ACTIVITIES PROFESSIONAL GROWTH The Board encourages all instructional employees to participate in professional growth opportunities such as: a. In-service programs (both departmental and I.U. sponsored) b. University course work. Board adopted 02/19/80 Board revised 12/21/82 effective 12/01/82 Board revised 06/20/89 CROSS REFERENCE: NONE Board revised 11/19/91 Formerly Policy No. 4310 POLICY STATEMENT POLICY NO. 4245 INSTRUCTIONAL PERSONNEL ACTIVITIES PROFESSIONAL EDUCATION SERVICE The Board recognizes the instructional employee’s contribution to the profession and to the cause of education generally. If an instructional employee is utilized by the Intermediate Unit beyond the term of his/her contract in a teaching capacity, to develop curriculum in which a product must be acceptable on an instructional level, or to serve in other such capacities; the payment for such service shall be established by the Board upon recommendation of the Executive Director. If an instructional employee is utilized by the Intermediate Unit beyond the term of his/her contract in such services as a full day consultant who presents an all-day program which requires specific preparation beyond his/her typical duties or who coordinates workshop activities, the payment for such service shall be established by the Board upon recommendation of the Executive Director. Board adopted 02/19/80 Board revised 11/19/91 Board revised 04/17/84 effective 07/01/84 Formerly Policy No. 4340 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: None POLICY STATEMENT POLICY NO. 4255 INSTRUCTIONAL PERSONNEL ACTIVITIES SUBSTITUTE EMPLOYEES It is the responsibility of the Executive Director or his designee to fill vacancies caused by temporary absences of instructional employees with appropriate substitutes. The daily rate of pay of substitute employees will be established by the Board. Effective December 1, 1987, substitute teachers will be reimbursed for the fee for the Criminal History Report after ten (10) days of work as a substitute teacher. Board adopted 11/16/76 Board revised 02/15/77 Board revised 09/18/78 Board revised 12/21/82 effective 12/01/82 Board revised 04/17/84 effective 07/01/84 CROSS REFERENCE: 5255 Board revised 11/17/87 effective 12/1/87 Formerly Policy No. 4210 POLICY STATEMENT POLICY NO. 4305 INSTRUCTIONAL PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES The Executive Director shall establish payroll schedules and submit them to the Board for approval. All instructional employees employed regularly, either full or part-time, shall be paid according to a specific schedule published annually. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3305, 5305 POLICY POLICY NO. 4310 STATEMENT INSTRUCTIONAL PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL DEDUCTIONS The Board shall approve the types of deductions which may be made from the salary of instructional employees. Salary deductions approved by the Board will remain in effect from year to year unless specified for a lesser period of time. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3310, 5310 Board revised 11/19/91 Formerly Policy No. 4720 POLICY STATEMENT POLICY NO. 4340.4 INSTRUCTIONAL PERSONNEL INSURANCE LIFE INSURANCE The Board will pay 100% of the premium cost for life insurance for eligible employees. The amount of the life insurance is equal to twice the employee’s salary, rounded to the nearest thousand dollars, with a maximum of $50,000 life insurance provided. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self insure provided that there shall be no reduction in the level of benefits as a result of change in carriers. Board adopted 11/16/76 Board revised 07/15/80 Board revised 02/21/82 effective 12/01/82 Board revised 10/16/84 effective 09/01/84 CROSS REFERENCE: 3340.4, 5340.4 Board revised 11/21/91 Formerly Policy No. 4440 POLICY STATEMENT POLICY NO. 4340.5 INSTRUCTIONAL PERSONNEL INSURANCE LIABILITY INSURANCE The Board will provide at no cost to the employee, a comprehensive teacher’s liability insurance policy which shall cover their activities during the scope of their employment in the proper performance of their duties. Precise terms and conditions of this benefit and all other group insurance benefits shall be dictated by the master insurance policy issued by the carrier. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self insure provided that there shall be no reduction in the level of benefits as a result of change in carriers. Board adopted 11/16/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3340.5, 5340.5 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4440.2 Board revised 11/21/91 POLICY STATEMENT POLICY NO. 4340.6 INSTRUCTIONAL PERSONNEL INSURANCE VISION INSURANCE The Board will pay 100% of the premium cost for vision insurance for all eligible employees, spouses and dependents. The vision insurance plan includes: 100% UCR allowances for eye examination and refractive services, with a maximum of $15.00 plus dispensing fee based on the UCR for frames, and actual acquisition costs plus the dispensing fee based on the UCR allowances for lenses. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self insure provided that there shall be no reduction in the level of benefits as a result of change in carriers. Board adopted 10/20/81 effective 09/01/81 Board revised 12/21/82 effective 12/01/82 Board revised 10/16/84 effective 09/01/84 Board revised 11/21/91 CROSS REFERENCE; 3340.6, 5340.6 POLICY POLICY NO. 4340.7 STATEMENT INSTRUCTIONAL PERSONNEL INSURANCE WORKER’S COMPENSATION INSURANCE In accordance with the provisions of law, the employer will maintain in effect worker’s compensation insurance for the benefit of its employees. In the event of an on-the-job injury, it is the employee’s duty to notify his/her supervisor immediately so that proper action may be taken by the employer. The employee shall cooperate with the employer in completion of any reports. Employees who are unable to report to work as a result of an injury sustained while on the job may use accumulated sick leave for that period of time, provided that the employee shall return all worker’s compensation payments to the employer. If the injury continues until sick leave is exhausted, the employee may retain all workers’ compensation payments received thereafter. The employee may, at his/her option, retain worker’s compensation payments if he/she chooses not to utilize accumulated sick leave. This option may be elected for all or any part of the absence. POLICY STATEMENT POLICY NO. 4340.7 INSTRUCTIONAL PERSONNEL INSURANCE WORKER’S COMPENSATION INSURANCE - Continued In any event, during the initial period of disability following a compensable on-the-job injury, not to exceed five (5) working days, the employee shall continue to be paid with no deduction from accumulated sick leave. In the event of suspected abuse by an employee, the employer may deny this benefit. Such denial shall be subject to the grievance procedure. It shall be the right of the employer to require the employee to report to a doctor approved by the employer from time to time as required to determine the employee’s ability to work in order that disability pay may continue. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self insure provided that there shall be no reduction in the level of benefits as a result of change in carriers. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 Board revised 10/16/84 effective 09/01/84 Board revised 11/19/91 Former Policy No. 4440.3 Board revised 02/15/77 CROSS REFERENCE: 3340.7, 5340.7 POLICY STATEMENT POLICY NO. 4405 INSTRUCTIONAL PERSONNEL ABSENCES ABSENCES The Bucks County Intermediate Unit Board recognizes that instructional employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 04/17/84 effective 07/01/74 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 4405.1 INSTRUCTIONAL PERSONNEL ABSENCES PERSONAL ILLNESS/INJURY In any school year, whenever an employee is prevented by illness (including pregnancy-related illness or disability) or accidental injury from fulfilling his/her assigned responsibilities, the Intermediate Unit shall provide full pay up to a limit of ten (10) days for employees working a period of ten (10) months, and twelve (12) days for those working a period of twelve (12) months. Sick leave shall be cumulative from year to year without limitation. Sick leave is granted pursuant to Section 1154 of the School Code. The employee is responsible for reporting his or her expected absence to the substitute service or the appropriate supervisor as far in advance as possible to allow for the engagement of an appropriate substitute and/or notification to the appropriate school personnel. Employees who are not required to notify the substitute service should report the expected absence to his or her immediate supervisor, or, if the supervisor is not available, to the Intermediate Unit main office. An employee must submit to his or her supervisor a completed Absence Report Form within three (3) days after returning to work. A physician’s certificate may be required for any period of absence due to sickness or injury. Board adopted 11/16/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE; 3405.1, 5405 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4510.1 POLICY STATEMENT POLICY NO. 4405.2 INSTRUCTIONAL PERSONNEL ABSENCES JURY DUTY/COURT WITNESS When an employee is required to serve as a juror or as a court witness pursuant to subpoena, he/she immediately complete an Absence Report Form and submit such form along with either the subpoena to appear as court witness or the summons to appear for jury duty to the immediate supervisor. The immediate supervisor will forward the information to the Assistant Executive Director. The employee is responsible for reporting the impending absence to the substitute service as far in advance as possible to allow for the engagement of an appropriate substitute and/or notification to the appropriate school personnel. An employee serving as a juror or court witness shall be paid the difference between any fee paid for such appearance, excluding travel expenses, and his/her regular salary, except where the employee or the Association is the adverse party to the employer in the litigation giving rise to the court appearance. Evidence of service including a certificate from the Clerk of Court may be required by the Executive Director. The employee is expected to report to his/her regular duty when his/her attendance at Court is not required. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 Board revised 10/16/84 effective 09/01/84 CROSS REFERENCE; 3405.2, 5405.2 Formerly Policy No. 4510.5 POLICY STATEMENT POLICY NO. 4405.3 INSTRUCTIONAL PERSONNEL ABSENCES PERSONAL LEAVE DAYS Each employee is eligible for two (2) days of absence for personal reasons (including days of religious observance) in any fiscal year without loss of salary. Unused personal leave days shall be credited to accumulated sick leave at the end of each school year. Employees shall submit an Absence Report Form requesting approval from their supervisor for a personal day as far in advance as possible of the date requested, but no later than five (5) days prior to the requested leave. In case of a sudden emergency, the employee shall notify his/her supervisor and the substitute placement service by telephone immediately. Upon returning to work, said employee shall complete an Absence Report Form for the person reason day was taken. Additional excused absence for certain pre-approved situations without salary deduction may be granted each year at the sole discretion of the Executive Director or his/her designee. Explanations for the requested additional excused absence and the two (2) previously used days may be requested in such cases. POLICY STATEMENT POLICY NO. 4405.3 INSTRUCTIONAL PERSONNEL ABSENCES PERSONAL LEAVE DAYS – Continued NO more than ten percent (10%) of the employees shall be granted the same day off. In the event that more than ten percent (10% of the employees request the same day for personal leave, the employees whose request were submitted earliest will be granted the day requested. Personal leave may not be taken on the day before or after a holiday or vacation period. Provided that exceptions to this rule can be approved by the Executive Director or his designee in individual cases upon an explanation of the reasons for the request. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3405.3, 5405.3 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4520.4 POLICY STATEMENT POLICY NO. 4405.4 INSTRUCTIONAL PERSONNEL ABSENCES BEREAVEMENT LEAVE An employee shall be entitled to a maximum of five (5) days of leave without loss of salary for a death in the immediate family. Members of the immediate family shall be defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law, or near relative who resides in the same household, or any person with whom the employee has made his/her home. In the case of death of a near relative other than those mentioned above, there shall be no deduction in the salary of said employee for absence on the day of the funeral. A near relative shall be defined as first cousin, grandfather, grandmother, aunt, uncle, nephew, niece, son-in-law, daughter-in-law, brother-inlaw, or sister-in-law. The period of absence may be extended by the Executive Director as the exigencies of the case may warrant. The employee shall notify his or her immediate supervisor as soon as he or she is aware of a death in the family. Upon return to work, the employee shall submit a completed Absence Report Form to his or her immediate supervisor indicating relationship to deceased. POLICY STATEMENT POLICY NO. 4405.4 INSTRUCTIONAL PERSONNEL ABSENCES BEREAVEMENT LEAVE – Continued Up to one (1) day’s paid leave shall be granted to the teacher of a student who dies for the same purpose of attending the funeral. This leave shall be limited to one (1) person. The employee is responsible for reporting the impending absence to the substitute service as far in advance as possible to allow for the engagement of an appropriate substitute and/or notification to the appropriate school personnel. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3405.4, 5405.4 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4510.3 POLICY STATEMENT POLICY NO. 4405.6 INSTRUCTIONAL PERSONNEL ABSENCES DISCRETIONARY LEAVE Administrative Discretion The Executive Director is empowered to provide a leave with or without pay for certain absences of employees that are beyond the employee’s control or may cause the employee personal embarrassment, extreme handicap, or jeopardize the employee’s or the Intermediate Unit’s position in the school and the community should the employee appear for assigned duties. Any decision will not be considered precedent setting for other employees. Employee Request To apply for approval of a discretionary leave, the employee shall submit a written request stating the reasons for such absence to his/her immediate supervisor. The immediate supervisor will forward the request to the Executive Director. Each request shall be considered on its individual merits. The employee is responsible for reporting the impending absence to the substitute service as far in advance as possible to allow for the engagement of an appropriate substitute and/or notification to the appropriate school personnel. POLICY STATEMENT POLICY NO. 4405.6 INSTRUCTIONAL PERSONNEL ABSENCES DISCRETIONARY LEAVE – Continued Whenever any employee is granted a discretionary leave of absence which is unpaid, said employee shall be entitled to purchase all insurance coverage as a complete package by paying the premium to the Intermediate at group rates for the period of such leave. Board adopted 11/16/76 Board revised 12/21/82 effective 12/01/82 Board revised 04/17/84 effective 07/01/84 CROSS REFERENCE; 3405.6, 5405.6 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4510.6 POLICY STATEMENT POLICY NO. 4410.0 INSTRUCTIONAL PERSONNEL LEAVES LEAVES The Bucks County Intermediate Unit Board recognizes that instructional employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 04/17/84 effective 07/01/74 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 4410.1 INSTRUCTIONAL PERSONNEL LEAVES CHILDREARING LEAVE An employee who is expecting or whose spouse is expecting the birth of a child which the employee contemplates will reside in his or her household, or who expects to adopt a child, and who wishes to continue employment following a period of absence taken for the purpose of rearing the child, shall be granted a leave of absence without pay. A request for childrearing leave shall be submitted in writing, on a Request for Leave Form, sixty (60) days prior to start of leave. All childrearing leaves shall be for at least one (1) full school year or the remainder of the school year in which leave begins. An additional full school year may be granted for a maximum of two (2) full school years, provided that in any case childrearing leave shall be of such duration that leave shall terminate effective with the end of a school year. Return from childrearing leave shall be scheduled to coincide with the beginning of a school year. An exception to the requirements of this Section shall exist where the birth or adoption occurs between September 1 and the last day of the fall semester, in which case childrearing leave may be scheduled to terminate effective with the end of the fall semester. Employees on childrearing leave may be allowed to terminate leave and return to duty at other than the standard times listed above for reasons of extreme personal emergency. Requests to return to work early shall be submitted in writing to the Executive Director who shall make a recommendation to the Board regarding such request. POLICY STATEMENT POLICY NO. 4410.1 INSTRUCTIONAL PERSONNEL LEAVES CHILDREARING LEAVE – Continued No employee shall be entitled to or granted a period of paid or unpaid absence or leave allowed or authorized under any other provision of this Agreement or the Public School Code of 1949, as amended, during any period of absence approved under this provision. An employee granted an unpaid leave of absence shall not be entitled, for the period of the leave, to years of service credit, retirement credit, reimbursement for tuition, or any other benefit that would have accrued had services been rendered during the period of absence. Insurance benefits will continue to be provided during the period of the leave, or a maximum of twelve (12) calendar months, whichever occurs first. A second consecutive leave due to the birth or adoption of a second child shall be without such benefits, except at employee expense. Seniority will continue to accrue during the period of the leave. Upon termination of the childrearing leave, the employee shall be reinstated to his/her previous position, subject to the right of the Intermediate Unit to transfer employees. Such a transfer may occur during the leave or at the time of return. Board adopted 03/18/80 Board revised 10/16/84 effective 09/01/84 Board revised 04/17/84 effective 07/01/84 CROSS REFERENCE: 3410.1, 5410.1 Board revised 10/20/87 effective 09/01/87 Formerly Policy No. 4520.6 Board revised 12/21/82 effective 12/01/82 POLICY POLICY NO. 4410.2 STATEMENT INSTRUCTIONAL PERSONNEL LEAVES SABBATICAL LEAVE A. Eligibility Requirements Sabbatical leaves of absence are available to all Instructional personnel who are eligible for sabbatical leaves under Section 1166 of the Pennsylvania Public School Code of 1949, as amended, shall be granted in accordance with the provisions of the Public School Code and the following policies: Any person employed in the public school system of this Commonwealth, who has completed ten (10) years of satisfactory service shall be entitled to a sabbatical leave of absence for restoration of health or professional development, or at the discretion of the Intermediate Unit Board for other purposes. At least five (5) consecutive years of service, excluding authorized leaves of absence, shall have been in the Bucks County Intermediate Unit prior to said leave. A subsequent sabbatical leave shall be allowed following seven (7) years of service after a previous sabbatical leave. A sabbatical leave shall be for a half or a full work year or for two (2) half work years during a period of two (2) calendar years, at the option of the employee, subject to conditions described hereinafter, provided that sabbatical leave for professional development shall be limited as provided in the School Code. POLICY POLICY NO. 4410.2 STATEMENT INSTRUCTIONAL PERSONNEL LEAVES SABBATICAL LEAVE - Continued A sabbatical leave of absence for professional development must consist, at a minimum, of the following: nine (9) graduate level credit courses, 12 undergraduate credits, 180 hours of professional development activities or a combination of these for leaves of half a school term; and 18 graduate credits, 24 undergraduate credits, or 360 hours or professional development activities or a combination of these for leaves of a full school term. Applications for sabbatical leaves of absence shall be given preference according to the years of service since the previous sabbatical leave of the applicant, provided, however, that sabbatical leaves requested for restoration of health will be given first preference. The Intermediate Unit Board may limit the number of sabbatical leaves of absence granted in any school year to no more than ten percent (10%) of the number of persons eligible for such leave of absence regularly employed in the Intermediate Unit. B. Salary and Related Benefits The person on sabbatical leave of absence shall receive one-half of the salary he/she would have received as a regular employee during the period he/she is on sabbatical leave. A sabbatical leave granted to an employee shall also operate as a leave without pay from all other school activities. Employee benefits will continue to be provided during the period of sabbatical leave. Employees on sabbatical leave shall be entitled to tuition reimbursement benefits. An employee on sabbatical leave for the purpose of professional development only may request preapproval of the Executive Director at his discretion for reimbursement of credits beyond the maximum number as provided in Policy #4325. Employees on sabbatical leave may receive an educational grant for further study from an institution of learning. POLICY POLICY NO. 4410.2 STATEMENT INSTRUCTIONAL PERSONNEL LEAVES SABBATICAL LEAVE - Continued The person on sabbatical leave shall continue his/her membership in the Public School Employees’ Retirement System. The Intermediate Unit shall pay into the retirement fund the full amount required by law on the employee’s full salary. The amount of contribution by the employee shall be deducted from any compensation payable to the employee while on leave. C. Extended Leave Due to Illness If a sabbatical leave for one-half work year or its equivalent has been granted and the person is unable to return to service because of illness or physical disability, the person, upon written request prior to the expiration of the original leave, shall be entitled to a further sabbatical leave for one-half school year or its equivalent. If a sabbatical leave for a full school work or its equivalent has been granted and the person is unable to return to service because of illness or physical disability, the Intermediate Unit Board may extend the sabbatical leave, with or without pay or benefits for such periods as it my determine but the extension shall not exceed twelve (12) months or its equivalent. D. Agreement to Return No sabbatical leave of absence shall be granted unless the person shall agree in writing to return to employment with the Intermediate Unit for a period of not less than one (1) work year immediately following such leave of absence. E. Retention of Rights No sabbatical leave shall be considered a termination or breach of contract and the employee on sabbatical leave shall return to the same position from which he/she was granted the leave. If the same position from which the employee was granted the leave no longer exists, or if a transfer would have taken effect during the leave, then the employee may be reassigned. Every employee on sabbatical leave shall be considered in regular full-time daily attendance in the position from which leave was taken during the period of such leave for the purpose of determining his/her length of service, rights to salary increases and retirement benefits as provided by law. POLICY POLICY NO. 4410.2 STATEMENT INSTRUCTIONAL PERSONNEL LEAVES SABBATICAL LEAVE – Continued Failure to Return Following Sabbatical Leave F. Forfeiture of Benefits Upon expiration of a sabbatical leave, the requirement that the person on leave of absence shall return to the service of the Intermediate Unit and be restored to the same position that he/she occupied prior thereto, may be waived by the consent of the Intermediate Unit Board. If the IU Board has not waived the obligation to return to service upon expiration of the sabbatical leave and the employee fails to return, unless prevented by illness or physical disability, the employee shall forfeit all benefits for the period of the sabbatical leave to which said employee would have been entitled under this Agreement. G. Return of Employer Retirement Contributions If the employee resigns or fails to return to his/her employment, unless the requirement to return to service is waived by the Intermediate Unit Board, the amount contributed by the Intermediate Unit Board under this Agreement to the Public School Employees’ Retirement Fund shall be deducted from the refund payable to the employee under existing law and the amount deducted shall be refunded to the Intermediate Unit by which it was paid. Board Revised 10/21/2009 Board adopted 11/16/76 Board revised 04/17/84 effective 07/01/84 Board revised 10/16/84 effective 09/01/84 Board revised 10/10/87 effective 09/01/87 CROSS REFERENCE: 3410.2 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 4520.1 POLICY STATEMENT POLICY NO. 4410.3 INSTRUCTIONAL PERSONNEL LEAVES MILITARY LEAVE Military leave of absence will be granted in accordance with Sections 1176, 1177, 1178, 1179, 1180, 1181, and 1182 of the Pennsylvania Public School Code of 1949, as amended. Board adopted 11/16/76 CROSS REFERENCE: 3410.3, 5410.3 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 4520.3 POLICY STATEMENT POLICY NO. 4410.4 INSTRUCTIONAL PERSONNEL LEAVES MEDICAL LEAVE An unpaid medical leave may be granted by the Board to instructional personnel who are absent from work for an extended period of time due to illness, including pregnancy related illness or disability, or accidental injury, including those compensable by worker’s compensation. The Board reserves the right to require the employee to be examined by a physician approved by the Intermediate Unit Board either prior to its consideration of the leave, and/or anytime during said leave. Medical leaves may be obtained for a maximum of one year. Such leave is an unpaid leave. Employees’ benefits shall continue during the leave at no cost to the employee. Seniority shall continue to accrue during the length of the Board approved medical leave. Board adopted 04/17/84 effective 07/01/84 CROSS REFERENCE: 5410.4 POLICY STATEMENT POLICY NO. 4410.5 INSTRUCTIONAL PERSONNEL LEAVES PERSONAL LEAVE Personal leave, without pay and benefits, may be granted to instructional Personnel at the discretion of the Board of School Directors. Each request for a personal leave shall be considered on its individual merit. A personal leave may continue for a maximum period of one school year and shall not continue into a new school year. An employee may not return to work from a personal leave other than at the beginning of a semester. An employee granted a personal leave shall not be entitled, during or following the leave, years of service credit, retirement credit, reimbursement for tuition, or any other benefit that would have accrued, had services been rendered during the period of absence. However, the employee benefits may be continued during the leave at the expense of the employee. The returning employee shall be assigned to a position for which he/she is certified. Said employee may be assigned to a position other than the one which was vacated, based upon the needs of the Bucks County Intermediate Unit. Board adopted 04/17/84 effective 07/01/84 CROSS REFERENCE: 5410.5 POLICY STATEMENT POLICY NO. 4505 INSTRUCTIONAL PERSONNEL SEPARATION RESIGNATION An instructional employee who intends to resign should notify his or her immediate supervisor, in writing, at least sixty (60) days prior to the effective date of the resignation. Board adopted 02/15/77 CROSS REFERENCE: 3505, 5505 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 4460.1 POLICY STATEMENT POLICY NO. 4510 INSTRUCTIONAL PERSONNEL SEPARATION DISMISSAL The dismissal of an instructional employee shall be consistent with Section 514 of the Pennsylvania School Code of 1949, as amended. If an instructional employee is a professional employee that employee’s contract will be terminated in accordance with provisions of the Public School Code for any one of the following causes: immorality; incompetency; intemperance; cruelty; persistent negligence; mental derangement; and persistent and willful violation of the school laws of Pennsylvania. Board adopted 12/21/82 effective 12/01/82 CROSS REFERENCE: 3510, 5510 POLICY STATEMENT POLICY NO. 4515 INSTRUCTIONAL PERSONNEL SEPARATION REDUCTION IN STAFF When a reduction in staff is to occur, such reduction shall first be accomplished by attrition. Where further reductions are to occur, substitute teachers and temporary professional employees will be terminated before professional employees within an area of certification will be suspended or furloughed. There will be no distinction between comprehensive special education certification and certification with a specific special education exceptionality. Reductions in force shall be accomplished in accordance with the applicable provisions of the School Code. Suspended professional employees shall be given first consideration and preference for any long-term substitute work in the area of their certification. Salary placement for such substitute work shall be the same as would be in effect upon a recall to permanent status. No salary credit shall be granted for a period of suspension of furlough, but professional employees shall continue to accrue seniority during such periods. POLICY STATEMENT POLICY NO. 4515 INSTRUCTIONAL PERSONNEL SEPARATION REDUCTION IN STAFF – Continued Where transfer of a class between the Intermediate Unit and a school district is to occur, the applicable procedures of Section 1113 of the School Code governing transferred programs and classes shall be followed. Where an Intermediate Unit class is transferred to a school district and where there is mutual consent of the teacher, the receiving district and the Intermediate Unit, the teacher of that class will accompany the class and become an employee of the receiving district. The Intermediate Unit will notify individuals to be furloughed as soon as the necessity of such furloughs is known, but in no event less than sixty (60) days prior to the effective date of the furlough. Furloughed individuals shall be recalled in accordance with the School Code. Board adopted 01/20/81 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3515 Board revised 10/16/84 effective 09/01/84 Formerly Policy No. 4170.1 POLICY STATEMENT POLICY NO. 4520 INSTRUCTIONAL PERSONNEL SEPARATION RETIREMENT Instructional employees may voluntarily retire from the Intermediate Unit in accordance with the provisions of the Public School Employees’ Retirement System. Board adopted 07/20/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3520, 5520 Board revised 11/19/91 Formerly Policy No. 4460.2 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER Classified personnel shall include personnel who are job classified as full-time and regular part-time technicians, skilled employees, semi-skilled employees and instructional assistants. Classified personnel are extended the rights, benefits and privileges provided them by Board policy, in addition to any accorded them under the Public School Code. TITLE NUMBER PERSONNEL PROCESSES FULL AND PART-TIME EMPLOYEES 5100 PERSONNEL RECORDS 5105 PERSONNEL SELECTION 5115 EMPLOYEE HEALTH REQUIREMENTS 5130 ORIENTATION OF STAFF 5135 RECRUITMENT AND TRANSFER 5145 EVALUATION 5150 PROBATION 5155 SUPERVISION, DISCIPLINE, AND DISCHARGE 5165 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER REFER TO SECTION 2000 EQUAL OPPORTUNITY EMPLOYMENT 2100 EMPLOYEE BACKGROUND CHECKS 2120 AIDS 2131 SMOKING 2132 DRUG AND ALCOHOL FREE WORK PLACE 2133 SEXUAL HARASSMENT 2134 ACTIVITIES PROBLEM SOLVING PROCEDURE 5215 EMERGENCY SCHOOL CLOSING 5220 SUBSTITUTE EMPLOYEES 5255 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL TITLE SERIES 5000 NUMBER COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES 5305 PAYROLL DEDUCTIONS 5310 TRAVEL AND EXPENSES 5315 TUITION REIMBURSEMENT 5325 INSURANCE DENTAL 5340.1 DISABILITY INCOME PROTECTION 5340.2 HOSPITALIZATION AND MEDICAL INSURANCE 5340.3 LIFE 5340.4 VISION 5340.6 WORKER’S COMPENSATION 5340.7 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL SERIES 5000 TITLE NUMBER PRESCRIPTION DRUGS 5340.9 ABSENCES 5405.0 PERSONAL ILLNESS/INJURY 5405.1 JURY DUTY/COURT WITNESS 5405.2 PERSONAL REASONS 5405.3 BEREAVEMENT 5405.4 VACATION 5405.5 EMERGENCY ABSENCES 5405.6 LEAVES 5410.0 CHILDREARING 5410.1 MILITARY 5410.3 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS CLASSIFIED PERSONNEL SERIES 5000 TITLE NUMBER LEAVES (continued) MEDICAL 5410.4 PERSONAL 5410.5 PERSONAL – VAN DRIVERS 5410.6 SEPARATION RESIGNATION 5505 DISMISSAL 5510 RETIREMENT 5520 POLICY STATEMENT POLICY NO. 5100 CLASSIFIED PERSONNEL PERSONNEL PROCESS FULL AND PART-TIME EMPLOYEES The Board recognizes the need for both full and part-time classified personnel. The Board recognizes the need for both full-time and part-time classified personnel, as well as the need for regular and substitute classified employees. Definition: Regular Classified Employee: Employees with an expectation of continued ongoing employment who are scheduled to work a minimum of 25 hours per week or more during the course of their scheduled work year. Temporary Classified Employee: Employees hired for a specific length of time (usually one year or less) with no expectation of continued employment into a subsequent work year. Substitute Employee: Employees hired to perform duties for an employee on leave or who are assigned as extra help on a daily or short-term basis. Board adopted 11/19/91 Board revised 07/21/98 POLICY STATEMENT POLICY NO. 5105 CLASSIFIED PERSONNEL PERSONNEL PROCESSES PERSONNEL RECORDS The Executive Director shall organize and maintain personnel records in accordance with state law. The Intermediate Unit’s official personnel files for all employees are retained in the Personnel Office. An employee has the right, upon one day’s notice, to review contents of his or her file in the personnel office, except for confidential, pre-employment recommendations, and to have material copied therein, at the employee’s expense, at the rate of ten cents ($.10) per copy. No material derogatory to an employee’s conduct, service, character, or personality, may be placed in his or her personnel file until the employee is actually given a copy of said material. The employee may submit for inclusion in his or her personnel file an explanation or statement or clarification expressing his or her viewpoint to any item to be placed in his or her personnel file. An employee who leaves employment with the Intermediate Unit shall not have access to his/her personnel file after their last paid day of work. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3105, 4105 Board revised 11/19/91 Formerly Policy 5600 Board revised 5/99 POLICY STATEMENT POLICY NO. 5115 CLASSIFIED PERSONNEL PERSONNEL PROCESSES PERSONNEL SELECTION When a classified position is vacant in any of the Intermediate Unit divisions the Executive Director or his designee, with Board approval, will fill the vacancy from among the applicants on the basis of the applicant’s training, experience, references, and interview. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 POLICY STATEMENT POLICY NO. 5130 CLASSIFIED PERSONNEL PERSONNEL PROCESSES EMPLOYEE HEALTH REQUIREMENTS Pre-employment medical examinations are required (including a tuberculin test) for the purpose of assuring that the prospective employee is medically fit to assume the duties of his/her prospective position. Further, the Board authorizes the Executive Director to require any employee to submit to a medical exam and/or tests at any time provided the exam relates to a Workmen’s Compensation case or the employee’s job performance. The pre-employment physical is to be paid for by the prospective employee. Post-employment examinations by an Intermediate Unit designed physician shall be paid for by the Intermediate Unit. The cost of treatment shall be paid for by the employee and/or his/her insurance carrier. The Executive Director may require any employee returning from leave to submit a statement from his/her physician stating employee is able to return to work. Board adopted 2/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3130, 4130 POLICY STATEMENT POLICY NO. 5135 CLASSIFIED PERSONNEL PERSONNEL PROCESSES ORIENTATION OF STAFF The Executive Director or his/her designee shall provide for an adequate period of orientation for all new classified employees. During this orientation period, the employee shall be informed of his/her duties, responsibilities, benefits, and policies and procedures. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3135, 4135 POLICY STATEMENT POLICY NO. 5145 CLASSIFIED PERSONNEL PERSONNEL PROCESSES RECRUITMENT AND TRANSFER The Board believes in hiring the best qualified employees. The Executive Director or his designee shall recommend to the Board the salary level of the successful candidate. It is the policy of the Intermediate Unit to inform employees of position openings within the Intermediate Unit and to consider internal applicants for openings. The decision to hire from within or outside shall be made by the Executive Director or his/her designee. The transfer of classified employees to positions in the various schools and departments of the Intermediate Unit shall be made by the Executive Director or his designee. Subject to the managerial prerogative of the administration, staff transfer will be effected in order to promote sound educational programs. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3145, 4145 Board revised 11/19/91 Formerly Policy No. 5570 POLICY STATEMENT POLICY NO. 5150 CLASSIFIED PERSONNEL PERSONNEL PROCESSES EVALUATION There shall be a plan for regular evaluation of classified employees of the Intermediate Unit. This plan shall make provisions for the recognizes of employee performance and continued employee improvement. The plan shall be consistent with existing Intermediate Unit policies. The Executive Director shall be responsible for establishing and implementing the procedures of the evaluation plan. Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 10/15/85 CROSS REFERENCE: 3150, 4150 Board revised 11/19/91 Formerly Policy No. 5170.1 POLICY STATEMENT POLICY NO. 5155 CLASSIFIED PERSONNEL PERSONNEL PROCESSES PROBATION An applicant for a classified position will be temporarily retained for a probation period of ninety days. Before the end of this probation period, a review of the individual’s performance shall be conducted by the immediate supervisor. This review will recommend the hiring or the discontinuance of the temporary retention. If employment is recommended, the Executive Director shall submit the individual’s name for approval of employment to the Board. While on probation, the individual is not covered by provisions of Section 514 of the Pennsylvania Public School Code of 1949, as amended. Board adopted 04/29/76 Board revised 02/16/82 Board revised 12/21/82 effective 12/01/82 POLICY STATEMENT POLICY NO. 5165 CLASSIFIED PERSONNEL PERSONNEL PROCESSES SUPERVISION, DISCIPLINE, AND DISCHARGE POLICY It is the policy of the Bucks County Intermediate Unit to provide the supervision, direction and training to ensure maximum employee performance in accordance with the Board’s approved policies. The Board directs the Executive Director or his/her designee to develop a procedure on supervision, discipline, and discharge of classified personnel. Board adopted 02/16/82 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 5215 CLASSIFIED PERSONNEL ACTIVITIES PROBLEM SOLVING PROCEDURE The Board directs the Executive Director to develop a procedure for resolving disagreements with the interpretation and/or application of Board policies or administrative directives. Board adopted 02/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 10/15/85 CROSS REFERENCE: 3215, 4215 Board revised 11/19/91 Formerly Policy No. 5190.1 POLICY STATEMENT POLICY NO. 5220 CLASSIFIED PERSONNEL ACTIVITIES EMERGENCY SCHOOL CLOSING Personnel are expected to report to work on all days other than when their assigned locations are closed due to inclement weather or other emergency closings. Payroll deductions will be made for personnel failing to report to school on a day when assigned schools are open. Any employee who reports to work and is subsequently dismissed by the Executive Director or his/her designee will be compensated for a full day of work. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3220, 4220 Board revised 11/19/91 Formerly Policy No. 5410.6 Board revised 1/19/99 POLICY STATEMENT POLICY NO. 5255 CLASSIFIED PERSONNEL ACTIVITIES SUBSTITUTE EMPLOYEES The Executive Director or his/her designee may fill vacancies caused by temporary absences of classified employees with appropriate replacements. The daily or hourly rate of pay for substitute employees will be established by the Board. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 Board revised 11/17/87 effective 12/01/87 Board revised 11/19/91 Board revised 04/18/06 CROSS REFERENCE: 4255 POLICY STATEMENT POLICY NO. 5305 CLASSIFIED PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL SCHEDULES The Executive Director shall establish payroll schedules and submit then to the Board for approval. All classified employees employed regularly, either full or part-time, shall be paid according to a specific schedule published annually. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3305, 4305 POLICY POLICY NO. 5310 STATEMENT CLASSIFIED PERSONNEL COMPENSATION AND RELATED BENEFITS PAYROLL DEDUCTIONS The Board shall approve the types of deductions which may be made from the salary of classified employees. Salary deductions approved by the Board will remain in effect from year to year unless specified for a lesser period of time. Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3310, 4310 Board revised 11/19/91 Formerly Policy No. 5330.1 POLICY STATEMENT POLICY NO. 5325 CLASSIFIED PERSONNEL COMPENSATION AND RELATED BENEFITS TUITION REIMBURSEMENT Classified employees will be reimbursed for a maximum of nine (9) credits pre-approved by the Executive Director or his/her designee taken during one fiscal year at an accredited institution. Only six credits may be taken during the school year (September to June). Employees shall be reimbursed at a per credit rate approved by the Board. These credits shall be directly related to the job classification in which the employee is assigned and shall be relevant to the specific duties of the classified employee. Reimbursement hereunder is not available to classified personnel on leave. An official transcript must be received in the Personnel Office before payment can be made. Board adopted 12/21/82 effective 12/01/82 Board revised 05/13/86 effective 07/01/86 Board revised 06/20/89 effective 07/01/89 Board revised 11/19/91 Board revised 04/18/06 CROSS REFERENCE: 3225, 4325 POLICY STATEMENT POLICY NO. 5340.1 CLASSIFIED PERSONNEL COMPENSATION AND RELATED BENEFITS DENTAL INSURANCE The Board provides and pays for a family dental insurance program for eligible classified employees, as follows: 100% Usual, Customary and Reasonable costs for basic program and oral surgery 50% Usual, Customary & Reasonable costs for prosthetics and crowns, inlay and onlay restoration 50% Usual, Customary and Reasonable costs for periodontics The Board retains the exclusive right to determine the carrier or to self-insure for dental insurance. The level of benefits shall be outlined by the contract with the carriers. Board adopted 02/15/77 Board revised 06/01/88 effective 07/01/88 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 Board revised 06/19/90 effective 07/01/90 Board revised 01/17/06 CROSS REFERENCE: 3340.1, 4340.1 POLICY STATEMENT POLICY NO. 5340.2 CLASSIFIED PERSONNEL INSURANCE DISABILITY INCOME PROTECTION The Board will pay 100% of the premium cost for basic disability income protection insurance for classified employees who are eligible for benefits as defined in Policy No. 5100. Basic coverage includes benefits being calculated by the carrier and is based on the rate of 66 2/3% of the employees monthly salary, beginning the seventh day of accidental injury and the 31st day after illness. The employee must exhaust at least one half (1/2) of his/her accumulated sick leave beginning on the first day of the disability period before benefits are payable. Employees may purchase additional coverage, at their own expense, subject to any limitations or conditions imposed by the carrier. The IU Board shall be held harmless from any disputes arising from the choice of an employee to purchase supplemental coverage. Al disputes regarding this coverage shall be handled directly between the employee and the carrier. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self-insure. Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE; 3340.2, 4340.2 Board revised 11/19/91 Board revised 01/19/99 Board revised 01/17/06 POLICY POLICY NO. 5340.3 STATEMENT CLASSIFIED PERSONNEL INSURANCE HOSPITALIZATION AND MEDICAL INSURANCE The Board provides a medical insurance plan(s) for eligible employees, spouses and dependents. Classified employees and their eligible dependents shall be enrolled in the same plan. The medical coverage is subject to monthly premium contributions by each employee, as established by the Board annually during open enrollment. In the event an employee leaves employment at the end of the school year, entitlement to benefits will cease on June 30th. Classified employees shall be offered an annual Open Enrollment period each year for the purpose of changing health care plans or carriers. All changes made during the Open Enrollment period will be effective the following September 1st. No changes may be made in plan selection except during the annual Open Enrollment period, except under the rules described in the Plan Document. The Board offers a Flexible Benefits Plan based on IRS regulations. Enrollment in the Flexible Benefits Plan shall be made during Open Enrollment period established by the Intermediate Unit. Board adopted 11/16/76 Board revised 10/16/84 Board revised 1/19/99 Board revised 11/19/91 Board revised 12/21/82 effective 12/01/82 Board revised 4/18/06 CROSS REFERENCE: 4340.3, 5340.3 POLICY STATEMENT POLICY NO. 5340.4 CLASSIFIED PERSONNEL INSURANCE LIFE INSURANCE The Board provides and pays for a term life insurance program for eligible classified employees. The amount of life insurance coverage shall be equal to double the employee’s salary, rounded to the nearest thousand dollars, with a maximum of $50,000 life insurance provided. The employee has the option to purchase additional life insurance coverage through payroll deduction at the employee’s expense. The Board retains the exclusive right to determine the carrier or to self-insure for life insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 11/16/76 Board revised 06/20/78 effective 07/11/78 Board revised 07/15/80 effective 07/01/80 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3340.4. Board Revised 1/19/99 Formerly Policy No. 5340 POLICY STATEMENT POLICY NO. 5340.6 CLASSIFIED PERSONNEL INSURANCE VISION The Board provides and pays for a vision program for classified employees and eligible dependents. The Board retains the exclusive right to determine the carrier or to self-insure for vision insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 07/21/81 effective 07/01/81 Board revised 12/21/82 effective 12/01/82 Board revised 11/19/91 CROSS REFERENCE: 3340.6, 4340.6 POLICY STATEMENT POLICY NO. 5340.7 CLASSIFIED PERSONNEL INSURANCE WORKER’S COMPENSATION INSURANCE In accordance with the provisions of law, the employer will maintain in effect worker’s compensation insurance for the benefit of its employees. In the event of an on-the-job injury, it is the employee’s duty to notify his/her supervisor immediately so that proper action may be taken by the employer. The employee shall cooperate with the employer in completion of any reports. The employee shall contact one of the health care providers listed on the IU’s Posted Panel of Worker’s Compensation Physicians for needed treatment during the first 90 days after any work-related injury. Employees who are unable to report to work as a result of an injury sustained while on the job may use accumulated sick leave for that period of time, provided that the employee that the employee shall return all worker’s compensation payments to the employer. If the injury continues until sick leave is exhausted, the employee may retain all workers’ compensation payments received thereafter. The employee may, at his/her option, retain worker’s compensation payments if he/she chooses not to utilize accumulated sick leave. This option may be elected for all or any part of the absence. POLICY STATEMENT POLICY NO. 5340.7 CLASSIFIED PERSONNEL INSURANCE WORKER’S COMPENSATION INSURANCE – Continued During the initial period of disability following a compensable on-the-job injury, the employee shall continue to be paid with no deduction from accumulated sick leave, not to exceed five (5) working days. In the event of suspected abuse by an employee, the employer may deny this benefit. It shall be the right of the employer to require the employee to report to a doctor approved by the employer from time to time as required to determine the employee’s ability to work in order that disability pay may continue. The Intermediate Unit shall retain the exclusive right to select carriers for all group insurance benefits or to self insure provided that there shall be no reduction in the level of benefits as a result of change in carriers. Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3340.7, 4340.7 Board revised 11/19/91 Formerly Policy No. 5370 Board revised 6/16/01 POLICY STATEMENT POLICY NO. 5340.9 CLASSIFIED PERSONNEL INSURANCE PRESCRIPTION DRUGS The Board provides and pays for a prescription drug insurance program for classified employees and eligible dependents. The Board retains the exclusive right to determine the carrier or to self-insure for prescription drug insurance. The Executive Director is responsible for reviewing and recommending the amount and extent of coverage to the Board. Board adopted 12/21/82 effective 12/01/82 Board revised 05/31/83 effective 07/01/83 Board revised 11/19/91 CROSS REFERENCE: 3340.9, 4340.9 POLICY STATEMENT POLICY NO. 5405.0 CLASSIFIED PERSONNEL ABSENCES ABSENCES The Bucks County Intermediate Unit Board recognizes that classified employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 5405.1 CLASSIFIED PERSONNEL ABSENCES AND LEAVES PERSONAL ILLNESS/INJURY In any school year whenever a classified employee is prevented by illness (including pregnancy-related illness or disability) or accidental injury from fulfilling his or her assigned responsibilities, the Intermediate Unit shall provide full pay up to a limit of ten (10) days for employees working a period of ten months, and twelve (12) days for those working a period of twelve months. Unused sick leave shall be cumulative from year to year within the Intermediate Unit without limitation. Employees who were previously employed by the Intermediate Unit will not be re-credited with any sick leave accumulated during those years, unless re-employment occurs within one (1) year. However, classified employees who sever their employment with any public school district in the Commonwealth of Pennsylvania and immediately thereafter or directly enter into employment with the Intermediate Unit shall be entitled to transfer accumulated sick leave not exceeding a maximum of twenty-five (25) days. The Executive Director may require the employee to furnish a certificate from a physician or other practitioner certifying that said employee was unable to perform his or her duties during the period of absence for which compensation is required to be paid under this action. Board adopted 04/29/76 Board revised 02/15/77 Board revised 09/15/81 CROSS REFERENCE: 3405.1, 4405.1 POLICY STATEMENT POLICY NO. 5405.2 CLASSIFIED PERSONNEL ABSENCES AND LEAVES JURY DUTY/COURT WITNESS Classified employees are encouraged to fulfill their civic responsibilities. Accordingly, employees who are called as a witness in a court proceeding or to serve on juries shall be paid the difference between any fee paid for such appearance, excluding travel expenses, and his/her regular salary, except where the employee is the adverse party to the employer in the litigation giving rise to the court appearance or in any situation where the employee is a party plaintiff or defendant, or who otherwise has a direct or indirect interest in the outcome of the lawsuit. Evidence of service including a certificate from the Clerk of Court may be required by the Executive Director. The employee is responsible for reporting the impending absence to the substitute service or their supervisor, as far in advance as possible to allow for the engagement of an appropriate substitute, if required, and/or notification to the appropriate school personnel. The employee is expected to report to his/her regular duty when his/her attendance at Court is not required. Board adopted 02/15/77 CROSS REFERENCE: 3405.2, 4405.2 Board revised 12/21/82 effective 12/01/82 Formerly Policy No. 5410.4 Board revised 05/99 POLICY STATEMENT POLICY NO. 5405.3 CLASSIFIED PERSONNEL ABSENCES AND LEAVES PERSONAL REASONS Each classified employee, with the approval of his or her immediate supervisor, is eligible for two (2) days of leave for personal reasons (including days of religious observance) in any fiscal year without loss of salary. Additional excused absence for certain pre-approved situations without salary deductions may be granted each year by the Executive Director or his designee. Unused personal days shall be credited to accumulated sick leave at the end of each school year. Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3405.3, 4405.3 POLICY STATEMENT POLICY NO. 5405.4 CLASSIFIED PERSONNEL ABSENCES AND LEAVES BEREAVEMENT A classified employee shall be entitled to a maximum of five (5) days of leave without loss of salary for a death in the immediate family. Members of the immediate family shall be defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law or near relative who resides in the same household, or any person with whom the employee has made his home. In the case of death of a near relative other than those mentioned above, there shall be no deduction in the salary of said employee for absence on the day of the funeral. A near relative shall be defined as first cousin, grandfather, grandmother, aunt, uncle, nephew, niece, son-in-law, daughter-in-law, brother-inlaw, or sister-in-law. The Board may extend the period of absence with pay at its discretion as the exigencies of the case may warrant. Board adopted 04/29/76 CROSS REFERENCE: 3405.4, 4405.4 POLICY STATEMENT POLICY NO. 5405.5 CLASSIFIED PERSONNEL ABSENCES AND LEAVES VACATION Full-time support and technical personnel, who are employed on a 12-month basis, shall be eligible for vacation pay. Eligible employees having completed one full fiscal year of service in the Intermediate Unit shall accumulate ten (10) days of paid vacation. Regular twelve month support and technical employees who begin employment after the start of a fiscal year shall be granted vacation on a prorate basis during the first year of employment according to the attached schedule. Eligible support and technical employees shall accumulate vacation during their probationary period but may not schedule vacation during this probationary period. In no case shall an employee be entitled to use more than the number of vacation days which they have accumulated under this policy. On the fifth (5th) year anniversary date of full-time employment. After five full years of employment with the Intermediate Unit, classified employees become eligible for 15 days vacation; after ten (10) full years of full-time employment with the Intermediate Unit, one additional vacation day is given for each full year of additional service up to a total maximum of twenty (20) vacation days earned per year. POLICY POLICY NO. 5405.5 STATEMENT CLASSIFIED PERSONNEL ABSENCES AND LEAVES VACATION – Continued Accumulated vacation days must be used prior to August 31st, with the exception that up to ten (10) days of accumulated vacation, may be carried forward through the next fiscal year. Support and technical employees who terminate their service with the Intermediate Unit shall receive payment, at their current rate of pay, for unused accumulated vacation days up to a maximum of 30 days. CODE ASCP V1 - 20 DAYS JULY V2 - 25 DAYS (10 YEARS) 2 AUG 3 2 SEPT 2 2 OCT 2 2 NOV 2 1.5 DEC 1.5 2 JAN 2 1.5 FEB 2 1.5 MAR 2 1.5 APR 2 1.5 MAY 2 1.5 JUNE 2 1.5 2 CLASSIFIED V3 - 10 DAYS 1 1 1 1 1 1 1 1 0.5 0.5 0.5 0.5 V4 - 15 DAYS (5 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 1 1 V5 - 16 DAYS (11 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 V6 - 17 DAYS (12 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1 1 V7 - 18 DAYS (13 YEARS) 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 V8 - 19 DAYS (14 YEARS) 2.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 V9 - 20 DAYS (15 YEARS) 2.5 2.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 1.5 Board adopted 04/29/76 Board revised 02/15/77 Board revised 12/21/82 effective 12/01/82 Board revised 05/15/84 effective 07/01/84 Board revised 05/14/85 CROSS REFERENCE: 3405.5 Board revised 11/19/91 Formerly Policy No. 5430 Board revised 05/99 POLICY STATEMENT POLICY NO. 5405.6 CLASSIFIED PERSONNEL ABSENCES AND LEAVES EMERGENCY ABSENCES The Executive Director is empowered to grant leave without loss of pay for certain emergency absences of classified employees that are beyond the employee’s control and may cause the employee personal embarrassment, extreme handicap, or jeopardize the employee’s position in the school and the community should the employee appear for assigned duties. Board adopted 12/2182 effective 12/01/82 CROSS REFERENCE: 3405.6, 4405.6 POLICY STATEMENT POLICY NO. 5410.0 CLASSIFIED PERSONNEL LEAVES LEAVES The Bucks County Intermediate Unit Board recognizes that classified employees of the Intermediate Unit will at times desire or need to be absent from their assigned duties. The Board also recognizes that an equitable arrangement for leave on these occasions is essential to the efficient operation of the Intermediate Unit programs. The Executive Director or his designee is responsible for developing this procedure. Board adopted 11/19/91 No. 335 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: EMPLOYEES TITLE: FAMILY AND MEDICAL LEAVES ADOPTED: 3/18/80 REVISED: 12/21/82, 4/18/06 & 6/18/13 335. FAMILY AND MEDICAL LEAVES 1. Authority 29 U.S.C. Sec. 2601 et seq 29 CFR Part 825 The Board shall provide eligible administrative, professional and classified employees with unpaid leaves of absence in accordance with the Family And Medical Leave Act, hereinafter referred to as FMLA. Employee requests for FMLA leave shall be processed in accordance with law, Board policy and administrative regulations. 2. Delegation of Responsibility The Executive Director or designee shall develop and disseminate administrative regulations to implement FMLA leave for eligible employees. 29 U.S.C. Sec. 2619 The Intermediate Unit shall post, in conspicuous places in the Intermediate Unit customarily used for notices to employees and applicants, a notice regarding the provisions of the FMLA and the procedure for filing a complaint. Employee requests for leave, both FMLA and non-FMLA, shall be submitted in writing on a designated form. 3. Guidelines 29 U.S.C. Sec. 2611, 2612 Employees’ eligibility for FMLA leave shall be based on the criteria established by law. 29 U.S.C. Sec. 2612 Eligible employees shall be provided up to twelve (12) workweeks of unpaid leave in a twelve-month period for the employee’s own serious health condition; for the birth, adoption, foster placement or first-year care of a child; to care for a seriously ill spouse, child or parent; or to address specific qualifying exigencies pertaining to a member of the Armed Forces alerted for foreign deployment or during foreign deployment. 29 U.S.C. Sec. 2612 Eligible employees shall be provided up to twenty-six (26) workweeks of unpaid leave in a single twelve-month period to care for an ill or injured covered servicemember. Page 1 of 2 335. FAMILY AND MEDICAL LEAVES - Pg. 2 29 CFR Sec. 825.200 The Intermediate Unit shall utilize a rolling twelve-month period measured backwards from the date leave is used to determine if an employee has exhausted his/her FMLA leave in any twelve-month period. 29 U.S.C. Sec. 2612 When an employee requests an FMLA leave and qualifies for and is entitled to any accrued paid sick, vacation, personal or family leave, the employee is required to utilize such paid leave during the FMLA leave. References: Family And Medical Leave Act – 29 U.S.C. Sec. 2601 et seq. Family And Medical Leave, Title 29, Code of Federal Regulations – 29 CFR Part 825 Board Policy – 000, 813 Page 2 of 2 POLICY STATEMENT POLICY NO. 5410.3 CLASSIFIED PERSONNEL LEAVES MILITARY LEAVE Military leave of absence will be granted to classified employee who, in time of war or national emergency, volunteers or is inducted into military service. Such leave will be without pay or benefits and shall extend for the length of military service. To qualify for such leave, the employee shall present to the Executive Director a copy of the official military orders pertaining to the request for leave. Board adopted 12/21/82 effective 12/01/82 Board revised 10/15/85 CROSS REFERENCE: 3410.3, 4410.3 No. 334 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: EMPLOYEES TITLE: SICK LEAVE ADOPTED: REVISED: 334. SICK LEAVE 1. Authority SC 913-A, 1154 SC 914-A Board policy for certificated administrative and professional employees shall ensure that eligible employees receive paid sick leave days annually, in accordance with law, the compensation plan, individual contract, collective bargaining agreement, or Board resolution. Unused leave shall be cumulative. Board policy for noncertificated administrative and classified employees shall ensure that eligible employees receive paid sick leave days annually, in accordance with the applicable compensation plan, individual contract, collective bargaining agreement, employee handbook or Board resolution. Unused leave shall be cumulative. New employees who have been employed in school districts or other intermediate units in the Commonwealth who enter into employment with the Intermediate Unit may be entitled to transfer accumulated sick leave from their previous employer, not exceeding a maximum of twenty-five (25) days. SC 1154 The Board reserves the right to require any employee claiming sick leave pay to submit sufficient proof, including a physician's certification, of the employee's illness or disability. Employees may be entitled to use up to five (5) sick leave days per year for the purpose of caring for the health needs of immediate family members. An immediate family member is defined as father, mother, son, daughter, husband, wife or near relative who resides in the same household, or any person with whom the employee has made his/her home. Pol. 317 Misuse of sick leave shall be considered a serious infraction subject to disciplinary action. SC 1154 The Board shall consider the application of any eligible employee for an extension of sick leave, pursuant to law where applicable, when the employee's own accumulated sick leave is exhausted. 2. Delegation of Responsibility The Executive Director shall report to the Board the names of employees absent for noncompensable cause or whose claim for sick leave pay cannot be justified. Page 1 of 3 334. SICK LEAVE - Pg. 2 3. Guidelines A sick leave shall commence when the employee, or agent if the employee is sufficiently disabled, reports the absence. A sick leave day, once commenced, may be reinstated as a working day only with the approval of the Executive Director or designee. Whatever the claims of disability, no day of absence shall be considered a sick leave day if the employee has engaged in or prepared for other gainful employment, or has engaged in any activity that would raise doubts regarding the validity of the sick leave request. Proof Of Disability SC 1154 An employee absent on sick leave may be required to submit a physician's written statement certifying his/her disability. A physician's statement may not be presumed to conclusively establish the employee's disability. Records SC 1154 The Intermediate Unit’s personnel records shall show the attendance of each employee; and the days absent shall be recorded, with the reason for such absence noted. SC 1154 A record shall be made of the unused sick leave days accumulated by each Intermediate Unit employee, which shall be reported to the employee. The Board shall pay a specified amount for each unused accumulated sick leave day, up to a designated number of days, as provided in the applicable compensation plan, individual contract, collective bargaining agreement, employee handbook or Board resolution. References: School Code – 24 P.S. Sec. 913-A, 914-A, 1154 Board Policy – 317 Page 2 of 3 No. 336 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: EMPLOYEES TITLE: PERSONAL NECESSITY LEAVE ADOPTED: REVISED: INTRODUCTORY READING: March 19, 2013 336. PERSONAL NECESSITY LEAVE 1. Authority SC 913-A, 914-A, 1154 2. Guidelines This policy shall provide for absences for defined personal necessity leave by administrative, professional and classified employees. The Board has the authority to specify reasonable conditions under which personal necessity leave may be granted, the type of situations in which such leave will be permitted, and the total number of days that may be used by an employee in any school year for such leave. Personal Leave Personal leave days with pay shall be granted to Intermediate Unit employees in accordance with provisions of the applicable compensation plan, individual contract, collective bargaining agreement, employee handbook or Board resolution. Additional days of excused absence for personal reasons may be granted at the discretion of the Executive Director or designee. Such leave will be without pay and without benefits and shall not exceed a total of one full year from date of approval. Unused personal leave days shall be credited to accumulated sick leave at the end of each school year. Bereavement Leave SC 1154 Bereavement leave with pay shall be granted to Intermediate Unit employees in accordance with law, provisions of the applicable compensation plan, individual contract, collective bargaining agreement, employee handbook or Board resolution. Military Leave Military leaves of absence shall be granted to Intermediate Unit employees in accordance with state and federal laws and regulations Page 1 of 3 336. PERSONAL NECESSITY LEAVE - Pg. 2 SC 1176-1181 51 Pa. C.S.A. Sec. 4102, 7309 38 U.S.C. Sec. 4301 et seq. Health and Hardship Leaves Administrative employees shall be granted health and hardship leave, without loss of pay, in accordance with provisions of the Act 93 compensation plan. Payment of Medical Benefits During Leave Periods Employees may maintain benefits during leave periods by continuing to pay for the employee premium share of those benefits. Such payments shall be prepaid on a quarterly basis during the term of the leave. For extended personal or other leaves which are approved by the Executive Director and/or the Intermediate Unit Board of School Directors and which extend beyond the twelve weeks granted under the Family and Medical Leave Act (FMLA), the employee will have the option to maintain medical benefits by paying for both the employee and employer premium share, plus an administrative fee not to exceed two percent of the total costs of the benefits. In order to maintain benefits during extended leave periods, such benefits must be pre-paid on a quarterly basis. References: School Code – 24 P.S. Sec. 913-A, 914-A, 1154, 1176-1181 Military Leave of Absence – 51 Pa. C.S.A. Sec. 4102, 7309 Employment Rights of Members of the Armed Forces – 38 U.S.C. Sec. 4301 et seq. Page 2 of 3 POLICY STATEMENT POLICY NO. 5410.6 CLASSIFIED PERSONNEL VAN DRIVERS LEAVES PERSONAL LEAVE Special education transportation drivers shall be offered the opportunity to request 2 days absence for personal reasons, to be paid at their regular hourly rate based on the normal schedule of hours for that day, or in the alternative, if unused, to receive an incentive payment as set by the Board. Additionally, special education transportation drivers shall receive 1 paid holiday on January 1st of each work year to be paid at their regularly hourly rate based on their normal schedule of hours for that day. Board adopted 01/17/06 POLICY STATEMENT POLICY NO. 5505 CLASSIFIED PERSONNEL SEPARATION RESIGNATION A classified employee who intends to resign shall notify his/her immediate supervisor, in writing, at least ten (10) working days prior to the effective date of the resignation. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 Board revised 10/15/85 CROSS REFERENCE: 3505, 4505 Board revised 11/19/91 Formerly Policy No. 5190 POLICY STATEMENT POLICY NO. 5510 CLASSIFIED PERSONNEL SEPARATION DISMISSAL The dismissal of a classified employee shall be consistent with Section 514 of the Pennsylvania School Code of 1949, as amended. Board adopted 04/29/76 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3510, 4510 POLICY STATEMENT POLICY NO. 5520 CLASSIFIED PERSONNEL SEPARATION RETIREMENT Classified employees may voluntarily retire from the Intermediate Unit in accordance with the provisions of the Public School Employees’ Retirement System. Board adopted 03/21/78 Board revised 09/19/78 Board revised 12/21/82 effective 12/01/82 CROSS REFERENCE: 3520, 4520 BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS SCHOOL AND COMMUNITY RELATIONS SERIES 6000 TITLE NUMBER GOALS 6110 DATA MANAGEMENT 6125 (Public Use of School Records) NEWS MEDIA RELATIONS 6130 PUBLIC RECORDS 6160 ADMINISTRATIVE REGULATIONS 6160.1 EDUCATION RECORDS 6165 RECORDS RETENTION 6170 ADMINISTRATIVE REGULATIONS FOR 6170.1 RETENTION & MANAGEMENT OF IU RECORDS PROCUREMENT CARDS 6175 POLICY POLICY NO. 6110 STATEMENT SCHOOL AND COMMUNITY RELATIONS GOALS The Bucks County Intermediate Unit Board of School Directors believes in an open communication system in order to foster the programs and services provided by the Intermediate Unit staff. Since it is the belief of the Board of School Directors that communications must be based on a relationship of mutual confidence, and since this relationship can best be achieved through open and systematic interaction, the I.U. Board adopts the following goals for Intermediate Unit Community Relations: To create a climate conducive to positive Intermediate Unit Community Relations. To establish channels that will increase articulation and understanding of the programs and services provided by the I.U. To disseminate information throughout the constituent districts. To encourage cooperative participation among local district personnel, community and the I.U. staff. Board adopted 3/18/80 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 6125 SCHOOL AND COMMUNITY RELATIONS DATA MANAGEMENT (Public Use of School Records) The Board designates the Executive Director as custodian of all records, documents, writings, letters, memoranda, or other written, typed copied, or developed materials possessed, assembled, or maintained by the Intermediate Unit. This policy does not apply to requests for personnel records by employees. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 6130 SCHOOL AND COMMUNITY RELATIONS NEWS MEDIA RELATIONS In order to assist in the dissemination of information, impartial relationships shall be maintained by the Intermediate Unit with the news media and their representatives. The Executive Director or his/her designee shall be responsible for the authorizing the release of all information. Board adopted 3/18/80 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 6160 SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS Purpose: The Board recognizes the importance of public records as the record of the Bucks County Intermediate Unit No. 22's (BCIU) actions and the repository of information about this Intermediate Unit (IU). The public has the right to access and procure copies of public records, with certain exceptions, subject to law, Board policy and administrative regulations. Definitions: 65 P.S. Sec. 67.102 Financial record – any account, voucher or contract dealing with the receipt or disbursement of funds or acquisition, use or disposal of services, supplies, materials, equipment or property; or the salary or other payments or expenses paid to an officer or employee, including the individual’s name and title; and a financial audit report, excluding the audit’s underlying work papers. Public record – a record, including a financial record, that is not protected by a defined privilege or is not exempt from being disclosed under one of the exemptions in Pennsylvania’s Right-to-Know Law or under other federal or state law or regulation, or judicial decree or order. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS Record – information, regardless of physical form or characteristics, that documents a district transaction or activity and is created, received or retained pursuant to law or in connection with a district transaction, business or activity, including: a document; paper; letter; map; book; tape; photograph; film; or sound recording; information stored or maintained electronically; and a data-processed or image-processed document. Response – granting of access to a record or the district’s written notice to a requester granting, denying, or partially denying access to a requested record. Requester – a legal resident of the United States, or an agency, who requests access to a record. Authority: 65P.S. Sec. 67.302, 67.305, 67.504, 67.701 The Board shall make the BCIU’s public records available for access and duplication to a requester, in accordance with law, Board policy and administrative regulations. Delegation of Responsibility 65 P.S. Sec. 67.502 The Board shall designate an Open Records Officer, who shall be responsible to: 1. Receive written requests for access to records submitted to the BCIU. 2. Review and respond to written requests in accordance with the law, Board policy and administrative regulations. 3. Direct requests to other appropriate individuals in the BCIU or in another agency. 4. Track the BCIU’s progress in responding to requests. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 5. Issue interim and final responses to submitted requests. 6. Maintain a log of all record requests and their disposition. 7. Ensure BCIU staff are trained to perform assigned job functions relative to requests for access to records. 65 P.S. Sec. 67.502, 67.901, 67.1101 Upon receiving a request for access to a record, the Open Records Officer, shall: 1. Note the date of receipt on the written request. 2. Compute and note on the written request the day on which the five-day period for response will expire. 3. Maintain an electronic or paper copy of the written request, including all documents submitted with the request, until the request has been fulfilled. 4. If the written request is denied, maintain the written request for thirty (30) days or, if an appeal is filed, until a final determination is issued or the appeal is deemed denied. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS Guidelines 65 P.S. Sec. 67.701 Requesters may access and procure copies of the public records of the BCIU during regular business hours of the administration offices. A requester’s right of access does not include the right to remove a record from the control or supervision of the Open Records Officer. 65 P.S. 67.302 The district shall not limit the number of records requested. 65 P.S.67.705 When responding to a request for access, the BCIU is not required to create a record that does not exist nor to compile, maintain, format or organize a record in a manner which the BCIU does not currently use. 42 U.S.C. Sec. 12132 28 CFR Sec. 35.160, 35.164 Information shall be made available to individuals with disabilities in an appropriate format, upon request and with sufficient advance notice. 65 P.S. 67.504, 67.505 The BCIU shall post at the administration office and on the BCIU’s web site, if the BCIU maintains a web site, the following information: 1. Contact information for the Open Records Officer. 2. Contact information for the state’s Office of Open Records or other applicable appeals officer. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 3. The form to be used to file a request, with a notation that the state Office of Open Records form may also be used if the BCIU decides to create its own form. 4. Board policy, administrative regulations and procedures governing requests for access to the BCIU’s public records. Request for Access 65 P.S. Sec. 67.504, 67.505, 67.703 A written request for access to a public record shall be submitted on the required form(s) and addressed to the Open Records Officer. Written requests may be submitted to the BCIU in person, by mail, to a designated facsimile machine, and to a designated e-mail address. 65 P.S. Sec. 67.701, 67.703 Each request must include the following information: 1. Identification or description of the requested record, in sufficient detail. 2. Medium in which the record is requested. 3. Name and address of the individual to receive the BCIU’s response. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 65 P.S. Sec. 67.703 The district shall not require an explanation of the reason for the request or the intended use of the requested record, unless otherwise required by law. Fees 65 P.S. Sec. 67.1307 The district shall establish and keep current a list of reasonable fees relative to requests for public records. No fee may be imposed for review of a record to determine whether the record is subject to access under law. Prior to granting access, the district may require payment of estimated fees when the fees required to fulfill the request are expected to exceed $100. The district may waive duplication fees when the requester duplicates the record or the BCIU deems it is in the public interest to do so. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS Response to Request 65 P.S. Sec. 67.502, 67.702 District employees shall be directed to forward requests for access to public records to the Open Records Officer. 65 P.S. Sec. 67.901 Upon receipt of a written request for access to a record, the Open Records Officer shall determine if the requested record is a public record and if the district has possession, custody or control of that record. Upon receipt of a written request for access to a record, the Open Records Officer shall determine if the requested record is a public record and if the BCIU has possession, custody or control of that record. The Open Records Officer shall respond as promptly as possible under the existing circumstances, and the initial response time shall not exceed five (5) business days from the date the written request is received by the Open Records Officer. The initial response shall grant access to the requested record, deny access to the requested record, partially grant and partially deny access to the requested record, or notify the requester of the need for an extension of time to fully respond. If the BCIU fails to respond to a request within five (5) business days of receipt, the request for access shall be deemed denied. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS Extension of Time 65 P.S. Sec. 67.901, 67.902 If the Open Records Officer determines that an extension of time is required to respond to a request, in accordance with the factors stated in the law, written notice shall be sent within five (5) business days of receipt of request. The notice shall indicate that the request for access is being reviewed, the reason that the review requires an extension, a reasonable date when the response is expected, and an estimate of applicable fees owed when the record becomes available. Up to a thirty (30) day extension for one (1) of the listed reasons does not require the consent of the requester. If the response is not given by the specified date, it shall be deemed denied on the day following that date. A requester may consent in writing to an extension that exceeds thirty (30) days, in which case the request shall be deemed denied on the day following the date specified in the notice if the Open Records Officer has not provided a response by that date. If the requester agrees to the date extension, the request shall be deemed denied on the day following the date specified in the notice if the BCIU has not provided a response by that date. Granting of Request If the Open Records Officer determines that the request will be granted, the response shall inform the requester that access is granted and either include information on the regular business hours of the administration office, provide electronic access, or state where the requester may go to inspect the records or information electronically at a publically accessible site. The response shall include a copy of the fee schedule in effect, a statement that prepayment of fees is required in a specified amount if access to the records will cost in excess of one hundred dollars ($100.00), and the medium in which the records will be provided. POLICY STATEMENT POLICY NO. 6160 SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 65 P.S. Sec. 67.701 A public record shall be provided to the requester in the medium requested if it exists in that form; otherwise, it shall be provided in its existing medium. However, the BCIU is not required to permit use of its computers. 65 P.S. Sec. 67.701, 67.704 The Open Records Officer may respond to a records request by notifying the requester that the record is available through publicly accessible electronic means or that the BCIU shall provide access to inspect the record electronically. If the requester, within thirty (30) days following receipt of the BCIU’s notice, submits a written request to have the record converted to paper, the district shall provide access in printed form within five (5) days of receipt of the request for conversion to paper. 65 P.S. Sec. 67.506 A public record that the BCIU does not possess but is possessed by a third party with whom the BCIU has contracted to perform a governmental function and which directly relates to that governmental function shall be considered a public record of the BCIU. 65 P.S. Sec. 67.706 If the Open Records Officer determines that a public record contains information both subject to and not subject to access, the Open Records Officer shall grant access to the information subject to access and deny access to the information not subject to access. The Open Records Officer shall redact from the record the information that is not subject to access. The Open Records Officer shall not deny access to a record if information is able to be redacted. POLICY POLICY NO. 6160 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 65 P.S. Sec. 67.905 If the Open Records Officer responds to a requester that a copy of the requested record is available for delivery at the administration office and the requester does not retrieve the record within sixty (60) days of the BCIU’s response, the BCIU shall dispose of the copy and retain any fees paid to date. Notification to Third Parties 65 P.S. Sec. 67.707 When the BCIU produces a record that is not a public record in response to a request, the Open Records Officer shall notify any third party that provided the record to the BCIU, the person that is the subject of the record, and the requester. The Open Records Officer shall notify a third party of a record request if the requested record contains a trade secret or confidential proprietary information, in accordance with law and administrative regulations. Denial of Request 65 P.S. Sec. 67.901, 67.903 If the Open Records Officer denies a request for access to a record, whether in whole or in part, a written response shall be sent within five (5) business days of receipt of the request. The response denying the request shall include the following: 1. Description of the record requested. 2. Specific reasons for denial, including a citation of supporting legal authority. 3. Name, title, business address, business telephone number, and signature of the Open Records Officer on whose authority the denial is issued. 4. Date of the response. 5. Procedure for the requester to appeal a denial of access. POLICY STATEMENT POLICY NO. 6160 SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION PUBLIC RECORDS 65 P.S. Sec. 67.506 The Open Records Officer may deny a request for access to a record if the requester has made repeated requests for that same record and the repeated requests have placed an unreasonable burden on the BCIU. The Open Records Officer may deny a request for access to a record when timely access is not possible due to a disaster, or when access may cause physical damage or irreparable harm to the record. To the extent possible, a record’s contents shall be made accessible even when the record is physically unavailable. 65 P.S. Sec. 67.706, 67.903, 65 P.S. Sec. 67.1101 Information that is not subject to access and is redacted from a public record shall be deemed a denial. If a written request for access to a record is denied or deemed denied, the requester my file an appeal with the state’s Office of Open Records within fifteen (15) business days of the mailing date of the Open Records Officer’s response or deemed denial. References: School Code-24 P.S. Sec.408, 518 Right-to-Know Law-65 P.S. Sec.67.101 et seq. Americans with Disabilities Act – 42 U.S.C. Sec. 12101 et seq. Accessibility to Communications, Title 28, Code of Federal Regulations -28CFR Sec.35.160, 35.164 Board Policy 6160 1st Reading 10/21/2008 POLICY POLICY NO. 6160.1 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION RIGHT-TO-KNOW FORMS SAMPLE LETTER – Granting Access or Providing Copies [PUBLIC SCHOOL ENTITY LETTERHEAD OR E-‐-‐-‐MAIL] Date Name of Requester Street Address of Requester Town, State Zip Code Re: Written Request for Records Dear Mr./Ms. : This letter is to confirm that your written request to inspect and/or copy [identify type of record requested] under the Right-‐-‐-‐to-‐-‐-‐Know Act, 65 P.S. § 66.1 et seq., is granted [in part/in its entirety]. [Attached to this e-‐-‐-‐mail is a copy of the record.] [The School District will provide access to the record in the following manner: o The record [is available for inspection in paper form at the District offices during regular business hours] [is available in paper form; to arrange a time for inspection, please call the undersigned] [will be e-‐-‐-‐mailed to you]. o In addition to availability in paper form, the record is available through publicly accessible electronic means at [insert appropriate website address]. o The record is available for inspection in redacted form. Information was redacted from the record for the reasons set forth in the attached denial letter. o You requested a copy of the record. The request is granted after payment of applicable fees in the amount of $_ . The copy is available for pickup at the district office during regular business hours. Sincerely, Full Name Title Telephone Number POLICY POLICY NO. 6160.1 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION RIGHT-TO-KNOW FORMS SAMPLE DENIAL LETTER – Partial or Complete Denial [PUBLIC SCHOOL ENTITY LETTERHEAD] Date Name of Requester Street Address of Requester Town, State Zip Code Re: Written Request for Records Dear Mr./Ms. This letter is to advise that your written request to inspect and/or copy [identify type of record requested] under the Right-‐-‐-‐to-‐-‐-‐Know Act, 65 P.S. § 66.1 et seq., was denied [in part/in its entirety]. Your written request was denied for the following reasons: : o The requested record does not exist o The requested record (or redacted information) is not a public record because o the record relates to an official investigation o access is prohibited by statute or court order o access would impair a person’s reputation or security o access would result in district’s loss of federal funds o the record does not meet the definition of public record Other reason o o You have been granted partial access, but the requested record has been redacted to prevent access to portions that do not constitute a public record for the reasons set forth above The School District relies upon the following legal authority to support its determination to deny your written request . You have the right to challenge this determination. To do so, you must file exceptions explaining your reasons why you believe the requested record is a public record subject to disclosure within fifteen (15) business days of your receipt of this letter. Written exceptions must be mailed or delivered to the attention of the [Superintendent of Schools/Executive Director] at [insert address of public school entity]. Sincerely, Full Name Title Telephone Number POLICY POLICY NO. 6160.1 STATEMENT SCHOOL AND COMMUNITY RELATIONS PUBLIC INFORMATION RIGHT-TO-KNOW FORMS SAMPLE TIME EXTENSION LETTER [PUBLIC SCHOOL ENTITY LETTERHEAD] Date Name of Requester Street Address of requester Town, State Zip Code Re: Written Request for Records Dear Mr./Mrs. This letter is to advise that your written request to inspect and/or copy records under the Rightto-‐-‐-‐ Know Act, 65 P.S. § 66.1 et seq., is currently under review by the School District. The School District needs additional time to review or prepare its response to your written request for the following reasons: o Your request for access requires redaction of a public record. o Your request for access requires retrieval of a record stored in a remote location. o Your request does not comply with the School District’s policy regarding access to public records. o A legal review is necessary to determine whether the requested record is a public record subject to disclosure. o A response to your request cannot be accomplished within 5 business days due to staffing limitations. : The School District will provide you a final decision regarding your written request within the next thirty (30) calendar days. If the School District fails to provide you with a final decision within that time period, your written request is deemed denied. You will have the right to challenge any such deemed denial. To do so, you must file exceptions within fifteen (15) business days from the date of such deemed denial. The exceptions must explain your reasons why you believe the requested record is a public record subject to disclosure, and must be mailed or delivered to the attention of the [Superintendent of Schools/Executive Director] at [insert address of public school entity]. Sincerely, No. 6165 Section: SCHOOL AND COMMUNITY RELATIONS Title: EDUCATION RECORDS Date Adopted: 7/19/2011 216 Guide 1. Definitions EDUCATION RECORDS Reference The following terms as used in this policy shall have Family Educational Rights and Privacy the following meanings: Act, 20 U.S.C. § 1232g; 34 C.F.R. Part 99. 1.1 Directory information. The name, address, telephone number, electronic mail address, date and place of birth, names of parents and siblings, dates of Individuals with attendance, whether the student graduated and the Disabilities Education Act, 20 date of graduation, awards received, participation in U.S.C. § 1417(c); District- or IU-approved extracurricular activities, 34 C.F.R. §§ weight and height of interscholastic athletic team 300.560-300.577. members, photographs, schools attended within the IU, and student identification number, user The Hatch Act, 20 U.S.C. § 1232h; 34 identification number, or code when such number or C.F.R. Part 98. code cannot alone be used to access education records, without some other identifier known only to Pennsylvania the authorized user of an electronically accessed Public School Code of 1949, Act of Mar. information system or data base. 1.2 Disclose; disclosure. Permit access to or release, transfer, or otherwise communicate to any person or entity, by any means or medium, personally identifiable information contained in the education record of the student. 14, 1949, No. 14 (P.L. 30), as amended, 24 P.S. §§ 5-510, 13-1305A, 13-1306-A, 131307-A, 14-1409, 15-1532. Regulations of the 1.3 Education record. Any personally-identifiable Pennsylvania State information recorded or stored by any means— Board of Education, including, but not limited to, information that is 22 Pa. Code § 12.31-12.33. handwritten, typed, printed, or stored on computer media, microfilm, microfiche, video or audio tape, film, Basic Education or digital medium—that is directly related to the Circular 22 Pa. student and is maintained by the IU or by an individual Code § 12.31 (Pa. or agency acting on behalf of the IU regardless of the Dept. Educ. Sept. 1, 1997). current location of such record. The term does not PO CY GUIDE include the following: (a) records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons—including, but not limited to, instructional support teachers, counselors, therapists and clinicians, school psychologists and psychiatrists, nurses, and instructional aides—that are kept in the sole possession of the maker of the record and the contents of which are not accessible or revealed to any other person except a substitute for the maker of the record; (b) records that contain only information about the student after he or she is no longer a student in the IU or a constituent school district of the IU or receiving IU- or constituent district-supported education; (c) grades and other forms of peer assessment or rating before they are collected and recorded by a teacher; and (c) other records specifically excluded from the definition of “education record” under the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulation, 34 C.F.R. Part 99. 1.4 Eligible student. A present or former student who has attained the age of eighteen or a former student who is attending an institution of postsecondary education. 1.5 Emancipated minor. A student below the age of twenty-one who has chosen to establish a domicile apart from the continued control and support of parents or guardians. The term includes a minor living Owasso Indep. School District v. with a spouse. Falvo, 534 U.S. 1.6 IEP. Individualized education program. 1.7 Maintain or maintained. In the case of personallyidentifiable information on paper or stored on magnetic or video tape, the term shall mean kept in a secure file or desk drawer or in the continuous and secure control of a school official with a legitimate 426, 122 S.Ct. 934 (2002) PO CY GUIDE educational interest in the content thereof. In the case of personally-identifiable digital information that is electronically-stored, including electronic mail, the term shall mean kept in a secure database located on a server or servers, disk partition, or other electronic storage system specifically designated by the Executive Director or his or her designee as a “student records maintenance site.” The IU electronic mail server or servers, or directory or directories, and the files on local disk drives dedicated to the storage of sent or received electronic mail, shall not for any purpose constitute a “student records maintenance site” and any mail stored thereon shall either be deleted or moved to a “student records maintenance site” at least once annually. If deleted in this manner, electronic mail shall not be considered to be “maintained” by the IU or by any individual or agency acting on behalf of the IU. 1.8 Parent. The biological or adoptive parents of a student, regardless of residency or physical custodial status; the legal guardian or guardians of a student; or an individual acting as a parent in the absence of a natural parent or guardian, unless the right of any such person to receive personally-identifiable information has been terminated or restricted by order of court. 1.9 Personally identifiable information. Any one or more of the following: (a) The student’s name; (b) The name, including maiden names, of any member of the student’s family; (c) The current or past address, or the date or place of birth, of the student or any member of the student’s family; (d) A personal identifier such as a social security number, student number or code, or biometric information consisting of one or more measurable biological or behavioral characteristic that can be used for automatic identification of an individual; PO CY GUIDE (e) information that, alone or in combination, is linked or linkable to a specific student such that a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, could use such information to identify the student with reasonable certainty; or (f) information requested by a person whom the educational agency or institution reasonably believes knows the identity of the student to whom such information relates. 1.10 School official with a legitimate educational interest. Any employee, officer, agent, consultant, or contractor of, or any volunteer acting on behalf of, (a) the IU, (b) a constituent district of the IU that has responsibility for the education of the student in question, (c) a vocational technical school, or (d) any public or private school or facility that the IU is using or is proposing to use to provide elementary or secondary education to the student in place of a public school, who is or will be responsible for providing or supervising the provision of education, education-related services, or extra-curricular activities or experiences to or for the student, when— (i) particular information concerning that student is presently or potentially relevant to the design or provision of instruction or other education, educationrelated services, testing or assessments, behavior interventions and strategies, or extracurricular activities or experiences either to the student, to particular groups of students, or to whole schools, grade-levels, or the student population of the IU at large, regardless of whether the student is part of the group or population that will be effected; or (ii) such information is necessary to protect the health, safety, or welfare of the student or others with whom the student might have direct or indirect contact. PO CY GUIDE 2. Collection, Maintenance, and Destruction of Education Records The phrase also applies to clerical staff of the agencies enumerated above who are responsible for the maintenance and security of education records and to attorneys, consultants, and school board members when school board action concerning the student is required by law or when the education or treatment of the student is the subject of present or potential litigation or legal dispute. When the “school official with a legitimate educational interests” is not an employee of the IU, such individual may receive “personally-identifiable information” only when he or she is under the direct control of the IU, by contract or otherwise, with respect to the use and maintenance of education records in his or her possession and only when such individual is prohibited from re-disclosure of such information to any other party without written parent or eligible student consent. 1.11 Secure file. A student or subject-specific compilation of information stored on paper, audio or visual tape, microfiche, microfilm, computer storage disk or removable drive, or similar medium that can be maintained in a physically segregated form that is maintained in a locked file drawer, cabinet, or desk or, if unlocked, in the immediate custody and control of the custodian thereof, or a student or subject-specific compilation maintained on a computer storage system to which access is limited by security software that conforms to current computer industry standards. 1.12 Student or child with disabilities. A student age three through twenty-one who has or is thought to have one or more of the disabilities described in the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., or any preceding or succeeding legislation, for which he or she is eligible or thought to be eligible for special education and related services. Collection 2.1 The IU shall collect and maintain the types of records described in the following subparagraphs (a) through (c) and may collect and maintain records described in following subparagraphs (d) through (j): PO CY GUIDE (a) Core data, consisting of the name of the student; last known address and domicile within the IU of the parents or guardian of the student or, if the student is emancipated, of the student; the birth date of the student; the course, subject area, or project work completed by the student and the level of achievement attained; the last grade attended or the date of graduation and type diploma issued; and attendance data; (b) Discipline and law enforcement records, including the sworn statement or affirmation of suspension or expulsion required at registration and the record of 24 P.S. §§ 13incidents of violence maintained in a form prescribed 1305-A, 13-1306-A, by the Pennsylvania State Police as required under 13-1307-A Section 1307-A of the Pennsylvania Public School Code, 24 P.S. § 13-1307-A, and, in a file maintained separately from other records concerning the student, information from the Office of Juvenile Probation concerning adjudications of delinquency; (c) Health records, including immunization information, results of vision and hearing screenings, results of state-mandated physical examinations, in-school treatment and drug dispensing or administration orders or prescriptions from physicians, treatment and drug dispensing or administration logs, and healthrelated information provided by parents or guardians; (d) Student work samples and teacher grade books retained for purposes of ongoing assessment, instructional planning, or grade calculation; the results of group standardized or criterion-referenced testing and state-wide criterion-referenced assessments, if any, in which the student participated; and noncumulative report cards; (e) Guidance department, psychologist, and student assistance team records, although personal records and notes maintained strictly in accordance with Section 1.3(a) of this policy are not considered records subject to this policy; (f) Results of vocational and career aptitude and interest surveys, or of surveys to assist in planning for and providing guidance, health, or drug and alcohol PO CY GUIDE abuse prevention instruction or programs; (g) Reports of and other information describing or summarizing the results of individual testing and assessment by instructional support, child study, multi-disciplinary, or IEP teams, or by professional staff responsible for determining eligibility for Title I, ESL, and other remedial programs, or by agencies and individuals not employed by or working on behalf of the IU; instructional support or child study team action plans; IEPs; and service agreements or accommodation plans; (h) Protocol sheets and booklets; scoring sheets; answer books; rating forms; observation notes; anecdotal logs; running record forms; and other forms of raw data gathered in the course of testing and assessment or progress monitoring and assessment; (i) Records of awards and distinctions earned by students for work or activities in school and in the community and of participation in IU-approved extracurricular activities; and (j) Other records required by law or deemed by instructional or supervisory staff to be both accurate and necessary to the provision of education, education-related services, or extra-curricular activities or experiences. 2.2 By adoption of this policy, the IU Board of School Directors gives consent for the collection of records and information described in Subsections (a), (d), and (e) of Section 2.1 of this policy. 2.3 By adoption of this policy, the IU Board of School Directors gives consent for the collection of records and information described in Subsections (b), (c), and (f) of Section 2.1 of this policy, unless the collection of such records and information is accomplished by use of a survey, analysis, or evaluation that requires or encourages the student to reveal— 20 U.S.C. § 1232h, (a) political affiliations or beliefs of the student or the as amended by the No Child Left student’s family; PO CY GUIDE (b) mental or psychological problems of the student or the student’s family; (c) sexual behavior or attitudes; (d) illegal, anti-social, self-incriminating, or demeaning behavior; (e) critical appraisals of persons with whom the student has close family relationships; (f) information protected by legal privilege; (g) income, unless income information is required by law to determine eligibility for participation in a program of assistance; (h) religious practices, affiliations, or beliefs of the student or the student’s family. When a survey, analysis, or evaluation is used to obtain such information, the IU shall obtain prior informed consent in writing and in a form consistent with Section 2.6 of this policy. For purposes of this policy, the phrase “survey, analysis, or evaluation” shall be limited to a planned method of inquiry or information collection used on a group or individual basis. The phrase does not apply to the ordinary giveand-take exchange that occurs in the course of the counselor-student, psychologist-student, teacherstudent, or nurse-student relationship when the student initiates the contact or otherwise participates in it voluntarily. Consent otherwise required by this Section is not required to investigate or substantiate a good faith suspicion of child abuse or neglect when the person from whom consent would be required is suspected of the abuse or neglect. 2.4 To collect records and information described in Subsection (g) of Section 2.1 of this policy, the IU shall obtain prior informed consent in writing and in a form consistent with Section 2.6 of this policy. 2.5 To collect records and information described in Subsections (h) and (i) of Section 2.1 of this policy, Behind Act, P.L. 107-110, § 1061, 115 STAT. 1426 (Jan. 8, 2002) PO CY GUIDE other than reports and other documents provided by parents or other agencies, the IU shall obtain prior informed consent in writing and in a form required by applicable state or federal law or, in the absence of a specific applicable law, in a form consistent with Section 2.6 of this policy. For purposes of collecting information in the form of an instructional support or child study team action plan, an IEP, or a service agreement or accommodation plan, a written invitation to the parents and, when required by law, the student to participate in the development of such document shall constitute an adequate means of obtaining consent to develop the document, even if the parents or student do not participate in the meeting at which the content of the document is discussed. The description in an action plan, IEP, or service agreement or accommodation plan of a means of data collection or ongoing progress monitoring or assessment shall suffice to allow such activities without need for additional written consent. 2.6 When state or federal law does not specifically prescribe the form for obtaining prior written consent as required by this policy, such consent shall be obtained by mailing to the residence of record, as established in accordance with Section 4 of this policy, or by hand delivery to the parent or emancipated minor a written consent form that complies with the following requirements and is received a reasonable time prior to the information collection activity for which consent is sought: (a) The form shall use language that a layperson can readily understand and shall be written in the native language of the parent or emancipated minor from whom consent is sought; (b) The form shall contain an explanation of the type of information sought, the purpose for which the information is sought, and the specific types of testing, assessment, or data collection to be used to obtain the information; (c) The form shall make clear to the parent or emancipated minor that consent is required to proceed with the information collection activity or PO CY GUIDE activities proposed; shall contain an assurance that such activity or activities will not proceed without consent; shall specify the duration of the consent or shall clearly provide that consent shall be considered effective until revoked in writing by the person giving consent; and shall contain a clear explanation of the time and place for responding to the form; (d) The form shall contain the name and number of a contact person whom the parents or emancipated minor can contact to obtain additional information about or seek clarification concerning the proposed activity; (e) The form shall provide a space for the parent or emancipated minor to elect whether to grant or withhold consent by marking one of two clearlyworded options and by signing their name. 2.7 When an eligible young child who has attended another public or private school registers to attend public school in or through the IU Early Intervention Program, the IU shall immediately— (a) request a certified copy of the student’s disciplinary record and a copy of the student’s health record from the public or private school the student last attended; (b) request all other current records, including special education records, necessary to ensure that the student is placed appropriate classes at the appropriate grade level and that the IU is able to meet all obligations to the student under State and federal 22 Pa. Code § law. 12.33 Guidelines Maintenance—Time 2.8 For children with disabilities who have participated in early intervention programming, the IU shall maintain core data of the kind described in Subsection (a) of Section 2.1 of this policy for a period of six years beyond the school year during which the student to whom such data pertains attains the age of beginners, transitions to school age programming, or is determined by the IU not to be eligible for special education and related services, whichever is sooner. PO CY GUIDE The following additional records shall maintained as “core data” for this period: also be (a) For children with disabilities who have participated in early intervention programming, copies of the first and last evaluation reports of the multidisciplinary team, the notice of recommended assignment or educational placement, or similar document by which the parents of the student initially consented to the provision of special education services, and each IEP, IEP revision, and notice of recommended educational placement/prior written notice developed for the child; and (b) For children evaluated to determine eligibility for special education services through the early intervention program in accordance with state and federal law and who were determined to be ineligible, copies of all evaluation reports supporting the determination of ineligibility and of all notices by which the parents of the child were notified of such 24 P.S. § 14-1409 determination. 2.9 Health records of the sort described in Subsection (c) of Section 2.1 of this policy shall be maintained for a period of at least two years beyond the date on which the student ceases to be enrolled in the IU-operated programming. 2.10 All other education records described in Section 2.1 of this policy shall be maintained by the IU for the shortest of the following periods— (a) as long as the information contained therein remains relevant to the education of the particular student or to the design and provision of educational programs in general; (b) as long as such information remains essential to the protection of the legal interests of the IU; or (c) until the student returns to or is placed in an educational program and placement operated by an IU constituent district or a private school or is enrolled in a program and placement operated under the authority of a public school entity other than an IU PO CY GUIDE constituent district, and such information is not essential to the protection of the legal interests of the IU. The IU alone shall determine whether education records remain relevant to education or essential to the protection of legal interests. When the maintenance period specified in subsection (c) of this Section lapses, all education records concerning the student in question shall be transferred to the thenresponsible public school entity. Maintenance—Location 2.12 Education records that might be necessary to the provision of education, education-related services, or extracurricular activities or experiences to a student during any given school year shall be maintained during that school year in a secure file located in the building to which that student is assigned during that school year. Education records that are essential to the day-to-day provision of education, educationrelated services, or extracurricular activities or experiences may be maintained in a secure file in the personal possession, offices, or class rooms of school officials with a legitimate educational interest therein. 2.13 The discipline record of a student shall be maintained in a secure file in the building to which that student is currently assigned. Information furnished by the Office of Juvenile Probation in accordance with Section 6341(b.1) of the Juvenile Act, 42 P.S. § 6341(b.1), shall be maintained in a secure file separately from other records concerning the student. 2.14 The health record of a student shall be maintained in a secure file in the nurse’s office or health suite in the building to which that student is currently assigned or in the personal possession or office of the nurse assigned to that building. 2.15 Copies of a student’s current IEP, most recent multi-disciplinary team evaluation report, current service agreement or accommodation plan, and instructional support or child study team data and action plan shall be maintained— PO CY GUIDE (a) in a secure file in the public school building to which the student is currently assigned, if any, or in the secure possession of itinerant staff working with the student in the home or in a non-public school site; and (b) in a secure file in the IU office of special education or early intervention, together with other special education records that remain relevant to the education of the particular child or the design and provision of educational programs in general or essential to the protection of the legal interests of the IU. Maintenance—Transfer and Conversion 2.16 When a student assignment changes from one building to another within the IU the education records described in Sections 2.12, 2.13, 2.14, and 2.15 of this policy, including the separately-maintained information from the Office of Juvenile Probation, shall be transferred to the new building in sufficient time to enable school officials with a legitimate educational interest to review such records, if necessary, prior to the arrival of the student in the new building or as soon as possible thereafter. 2.17 Nothing in this policy shall preclude the transfer or conversion of education records or information from one form or storage medium to another, as long as such transfer or conversion— (a) allows for similar accessibility of information to parents, eligible students, and school officials with a legitimate educational interest; (b) provides at least the level of security that could be obtained with physically locked conventional storage and, in the case of computer storage, conforms to the current standards established in the computer industry; (c) clearly reproduces educationally or legally necessary graphic information, handwriting, and signatures; and PO CY GUIDE (d) allows for the use of an access and disclosure log in accordance with Section 2.18 of this policy. 2.18 Every file from which access might be had by, or disclosure might be made to, persons or agencies other than the parents or the eligible student, shall have as part thereof an access and disclosure log that shall be maintained for as long as the records in that file are maintained and that shall consist of the following: (a) The identity of such person or agency to which access is granted to or disclosure made from the file; (b) The purpose for which access was granted or disclosure made; (c) The date of access or disclosure; (d) The name or initials of the person granting access or making the disclosure; and (e) In the case of disclosures to persons who will make further disclosures or allow further access on behalf of the IU, the identity of the person or agency to whom or to which, and the specific purpose for which, such further disclosure or access will be made or allowed; (f) Any record of further disclosures made by State or federal agencies that are permitted to do so under law. Destruction 2.19 The IU may destroy core data, special education, and health records once the applicable time period for maintenance of such records, as established in Sections 2.8, 2.9, and 2.10(a) and (b) respectively, has lapsed. The public school entity to which records are transmitted upon the lapse of the time period established in Subsection (c) of Section 2.10 shall be responsible for the maintenance and destruction of such records. PO CY GUIDE 2.20 The IU may destroy all other education records once it determines at its sole discretion that such records are no longer relevant to the education of the particular student or to the design and provision of educational programs in general or that such records are not essential to the protection of the legal interests of the IU. 2.21 When the time periods described in Sections 2.8 and 2.10 of this Policy have lapsed, and the IU determines that any portion of the education record of a student with disabilities is or will be at a prescribed time no longer relevant to the education of the particular student, it shall so notify in writing either his or her parents or the student directly, if he or she is an eligible student, of this determination. The written notice shall be in the native language of the parents or the eligible student, shall be mailed to the last known address of the parent or the eligible student, and shall— (a) identify the specific records or categories of record that are no longer relevant; (b) contain an explanation that the IU shall destroy the records thus identified if a parent or the eligible student so requests and that the IU may destroy such records without a request; and (c) contain the name and number of a contact person whom the parents or eligible student can contact to obtain additional information about or seek clarification concerning the records thus identified. If the parent or eligible student so requests in writing after receipt of the notice, the IU shall destroy the education records thus identified or shall destroy them at the prescribed time at which they are no longer relevant. 2.22 A record is “destroyed” for purposes of this policy when, at a minimum, all personally identifiable information is removed from it or is otherwise obscured or obliterated. Nothing in this policy shall require the destruction of an education record except under the conditions described in Section 2.21 of this PO CY GUIDE 3. Amendment of Records and Due Process policy. 2.23 The IU shall not destroy any record that is the subject of a request for access from a parent or eligible student. 2.24 The IU may, in its sole discretion, opt to return any record in its possession to the school district in which the student to whom the record pertains resides. Such action shall not constitute the destruction of the record and shall not be subject to the requirements of this Section. 3.1 A parent or eligible student may request in writing that the IU amend any portion of an education record that he or she believes is inaccurate, misleading, or in violation of the student’s right to privacy. If a parent or eligible student makes such a request verbally, the person to whom such request is made shall inform the parent of the obligation to make such request in writing. 3.2 Within thirty school days of the receipt of the written request to amend the education record, the administrator who is primarily responsible for maintenance of the challenged record shall notify the parent or eligible student in writing of whether the IU will amend the record. If the IU determines that it will grant the request to amend, the notice to the parent or eligible student shall either describe the amendment, which can include the expungement or deletion of records or information contained therein, or enclose a copy of the amended record. If the IU determines that it will not amend the record, the notice shall so inform the parent or eligible student and shall contain a statement explaining that the parent or eligible student has the right to request in writing a hearing before a disinterested school official to challenge the determination not to amend. 3.3 Within ten school days of receipt of a request for a hearing to challenge a determination not to amend an education record, the IU shall notify the parents or eligible student of the date, time, and location of the hearing. The notice shall be mailed certified, return receipt requested, or by similarly PO CY GUIDE secure and verifiable means, in such time that the parent or eligible student receives it at least five school days before the hearing. The hearing shall occur within thirty days of receipt of the request for the hearing from the parent or eligible student. 3.4 The hearing shall be held before the Executive Director or his or her designee or, if the Executive Director or the designee has a direct interest in the outcome of the hearing, before the principal of the building to which the student is currently assigned or his or her designee. 3.5 The hearing shall be informal, unrecorded, and not subject to formal rules of evidence or procedure other than those required to maintain order. The parent or eligible student shall have a full and fair opportunity to present evidence in support of his or her position and may be represented at his or her expense by an adviser, including an attorney. 3.6 Within thirty days of the completion of the hearing, the IU shall issue to the parent or eligible student a written decision concerning the amendment of the record that shall either— (a) describe the amendment, which can include the expungement or deletion of records or information contained therein, or (b) explain the reasons for denying the request to amend and inform the parent or eligible student of the right to place a statement in the education record of the student commenting on the contested information in the record or explaining why he or she disagrees with the decision not to amend, or both. The written decision shall be based solely on the evidence presented at the hearing and shall summarize the evidence thus presented and the reasons for the decision to amend or refuse amendment. 3.7 If the parent or eligible student chooses to submit a statement in the education record of the student commenting on the contested information in PO CY GUIDE 4. Access and Disclosure the record or explaining why he or she disagrees with the decision not to amend, the IU shall— (a) maintain such statement as part of the record for as long as the IU maintains the contested record or information; and (b) disclose the statement whenever it discloses that portion of the record to which the statement pertains. Access 4.1 (a) Education records subject to this Policy, other than those records or portions of records that contain “directory information,” are not considered “public records” subject to access or disclosure under the Pennsylvania Right to Know Law, 65 PA. STAT §§ 67.101-67.3104, or any similar law affecting public records. (b) The IU shall allow the parents or eligible student to inspect and review the education record of the student within forty-five calendar days of receipt of a verbal or written request to do so. IU staff shall make every reasonable effort to ensure that requested records are provided to the parents at the earliest possible date. 4.2 The IU shall respond to all reasonable requests from the parents or eligible student for an explanation or interpretation of information contained in the education record. 4.3 If circumstances effectively preclude the parents or eligible student from inspecting or reviewing the education record, or any portion thereof, the IU shall provide the parents or the eligible student with a copy of the record subject to the request. When copies are not required to ensure that the parents or the eligible student has the opportunity to inspect and review the education record, the IU may charge a fee of twenty-five cents per page to copy requested portions of the education record, unless the parents or the eligible student can establish that they are unable to pay the amount thus charged. 4.4 When the IU receives a request to inspect and PO CY GUIDE review the education record of a student with disabilities in anticipation of a meeting of the IEP or multi-disciplinary team or a due process hearing, the IU shall respond to such request within a reasonable time prior to the meeting or hearing, the time allowed by Section 4.1 of this policy notwithstanding. 4.5 When parents or an eligible student seek to inspect and review a record that contains personally identifiable information concerning more than one student, the IU shall provide access only to that portion of the record that pertains to the student in question. 4.6 School officials with a legitimate educational interest may at any time inspect and review, and obtain copies of, the education record and personally identifiable information in which they have such interest. Disclosure 4.7 Any disclosure of personally identifiable information concerning a student to any person other than the parent, the eligible student, or school officials with a legitimate educational interest shall require the prior written consent of the parent or the eligible student. Any document providing such consent shall— (a) identify the particular portions of the education record or the particular information or types of information concerning the student that shall be disclosed; (b) identify the person or agency to whom or to which disclosure will be made; and (c) contain the signature of at least one parent or the eligible student, and the date of such signature. 4.8 Prior written consent from the parent or the eligible student is not required when the disclosure of education records or information is to one of the 34 C.F.R. § 99.31 following persons or agencies under the following circumstances: PO CY GUIDE (a) To an educational agency or institution at which the student seeks to enroll, intends to enroll, or is enrolled, or from which the student receives services, when that agency or institution requests such records, 34 C.F.R. § 99.34 as long as— (1) the parent or eligible student is provided on request with a copy of the records thus disclosed; and (2) the parent or eligible student is afforded on request a hearing as described in Section 3 of this policy; and (3) the disclosure is for purposes related to the student’s enrollment or transfer. (b) To appropriate parties in connection with an articulable and significant health or safety emergency, 34 C.F.R. § 99.36 when such disclosure is necessary to protect the health or safety of the student or others, provided, however, that for each such disclosure, the IU shall maintain a record indicating— (1) The articulable and significant threat that justified such disclosure; and (2) The parties to whom the IU disclosed such information; (c) To state and federal educational and other agencies for purposes of investigation and auditing, when those agencies are bound by the provisions of the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g; (d) To persons seeking directory information, when— (1) parents and eligible students have received notice in the form of the annual publication of this policy in a newspaper of general distribution or a school publication of the policy of the IU to disclose directory information without parental consent; and (2) the parent or the eligible student objecting to the release of such information without consent has not notified the IU in writing on or before the first day of 34 C.F.R. § 99.37 PO CY GUIDE the school term that they object to the disclosure of some or all of the information designated in Section 1.1 of this policy as “directory information”; (e) To the student who is not an eligible student; (f) To the parents of an eligible student who remains a “dependent student” as defined in the Internal Revenue Code; (g) To accrediting organizations to carry out their accrediting functions; (h) To comply with the terms of a judicial order or lawfully-issued subpoena, when the IU has made reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, unless the terms of a judicial order bar such notification; (i) To a court or administrative hearing officer in the context of litigation between the IU and the parents or the eligible student, when the information disclosed is relevant to the action or proceeding and when the IU has made reasonable effort to notify the parent or eligible student of the intent to disclose such 51 P.S. § 20222 information; (j) To armed forces recruiters seeking such information, a list of the names, addresses, and, if available, telephone numbers of all students expected to graduate high school at the end of the school term during which, or in anticipation of which, such request is made, provided, however, that such disclosure shall be subject to the limitations established by law and this policy upon the disclosure of directory information; (k) To State or local Juvenile justice authorities when such disclosure is in accordance with an Act of the Pennsylvania General Assembly and enables the juvenile justice system to serve effectively and prior to adjudication the student to whom the records pertain, provided, however, that any such authority must certify in writing to the IU that such records will not be re-disclosed to any other party unless permitted by State law or unless written parent or eligible child PO CY GUIDE consent is obtained; (l) To organizations conducting studies for, or on 34 C.F.R. § behalf of, the IU to develop, validate, or administer 300.529(b) predictive tests; administer student aid programs; or improve instruction, when— (1) The organization conducting the study does not permit access to personally-identifiable information to any party other than representatives of the organization who have a legitimate educational interest in that information; (2) The information is destroyed when no longer needed for the purposes for which the study was conducted; and (3) The organization enters into a binding agreement with the IU under which the organization is obligated to adhere to the requirements of this policy; that defines the purposes, scope, and duration of the study and the information to be disclosed to the organization; and that limits the use of the disclosed information to the purposes expressly identified in the agreement; (m) Under such additional circumstances and to such additional persons and agencies as are permitted by the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulation. 4.9 Any disclosure made in accordance with paragraph 4.8 of this policy shall be made under the explicit condition that the party to which or to whom such disclosure is made shall not re-disclose such information to any other party without written parent or eligible student consent, unless the record of the original disclosure identifies the additional parties to whom such disclosure is to be made under Section 4.8 of this Policy and the legitimate interest that such additional parties have in such information, or unless such original disclosure is to State or federal agencies in accordance with the requirements of Sections 99.32(b) and 99.33(b) of the implementing regulations of the Family Educational Rights and Privacy Act, 34 C.F.R. §§ 99.32(b) and 99.33(b). PO CY GUIDE 5. Miscellaneous Provisions 4.10 Copies of all special education and discipline records of a student currently identified as a child with a disability within the meaning of the Individuals with Disabilities Education Act shall be transmitted to a law enforcement agency to which the IU has reported a crime committed by such student, provided, however, that prior to transmission of such records, the IU shall obtain written consent from the parent or eligible student as required by, and in accordance with the provisions of, Section 4.7 of this Policy or that such transmission is permitted without such consent in accordance with the provisions of Subsections (b), (h), or (k) of Section 4.8 of this Policy. 5.1 The policy of the IU is to comply in full with the requirement of state and federal law governing the maintenance of records and other personally identifiable information and the privacy rights of students and their families. To the extent that any provision of this policy is construed as or found to be inconsistent with federal or state law, the IU will treat that provision as null and void. The Executive Director or his or her designee shall ensure that all persons responsible for the maintenance of any student record are aware of the provisions of this policy and receive regular training concerning its requirements. When feasible, the Executive Director or his or her designee shall provide for the use of physical or technological access controls to ensure that access to education records by school officials with a legitimate educational interest in them is limited to that information in which those officials have a legitimate educational interest. 5.2 The IU shall send or deliver all notices and requests for consent required under this policy to the address identified as the residence of the child in the registration information maintained by the IU. Unless it receives specific written information to the contrary, the IU shall presume that all persons with authority to make educational decisions for the student have received or had the opportunity to review and respond to notices and requests sent or delivered to such address. The IU will send notices and requests to separate addresses only when— PO CY GUIDE 6. Public Notice Reference (a) A person with joint authority to make educational decisions for the student, such as a divorced or separated natural parent or guardian, resides at that separate address; and (b) That person notifies the IU in writing that he or she is not receiving or has not had the opportunity to review and respond to notices and requests sent to the residence to which the student is registered. 6.1 Annually, at least thirty days prior to the 34 C.F.R. § 99.7 beginning of the school term, the IU shall publish to all parents of students currently in attendance and to all eligible students currently in attendance a complete copy of this policy in English and Spanish. The following notice shall precede the text of this policy and shall appear with the heading in boldface type or other similarly conspicuous format: NOTICE OF IMPORTANT RIGHTS oncerning the Maintenance, Access to, and Amendment an Disclosure of Education Records by the Bucks County School Intermediate Unit Printed below is the full text of the Education Records Policy of the Bucks County Schools Intermediate Unit. This policy contains information of importance to students attending public schools and public school sponsored programs. Several provisions of this policy warrant careful attention: Designation of certain records containing personally identifiable information as “directory information.” In Section 1.1 of this policy, the IU designates certain kinds of information as “directory information.” The IU will provide this information to any interested person, including armed forces recruiters who request it, without seeking consent from the parents of the student or the student. If you do not want the IU to disclose such information, you must so notify the IU in writing on or before the first day of the school term, which is . Your written notice must identify the specific types of directory information that you do not want the IU to disclose without consent. If you fail to notify us in writing by the first day of the school term, we may release directory information upon PO CY GUIDE Reference request and without consent. Disclosure of records containing personally identifiable information to other schools and institutions. Section 4.8(a) of this policy allows the IU to disclose personally identifiable information concerning a student to an educational agency or institution at which the student seeks to enroll, intends to enroll, or is enrolled, or from which the student receives services, when that agency or institution requests such records, as long as the disclosure is for purposes related to the student’s enrollment or transfer. Access to records by school officials with a “legitimate educational interest.” Section 4.6 of this policy allows school officials with a legitimate educational interest to have access to personally identifiable information without parent or student consent. In Section 1.8 of this policy, the IU designates those persons who have a “legitimate educational interest” that would allow such access to education records. Amendment of education records. Section 3 of this policy describes how a parent or a student who has attained the age of 18 can request that records be amended. This Section also describes in detail the right of the parent or eligible student to request a hearing to challenge a decision by the IU not to amend records that the parent or student believes are inaccurate, misleading, or in violation of the student’s right to privacy. Complaints to the United States Department of Education. Complaints concerning alleged failure of the IU to comply with the requirements of the Family Educational Rights and Privacy Act may be addressed to the United States Department of Education as follows: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, DC 20202-4605 RESIDENTS OF THE BUCKS COUNTY SCHOOLS INTERMEDIATE UNIT WITH CHILDREN IN PUBLIC SCHOOL OR WHO ATTENDED PUBLIC SCHOOL IN THE IU IN THE PAST SHOULD READ THE FOLLOWING POLICY CAREFULLY FOR A FULL EXPLANATION OF THEIR PRIVACY RIGHTS AS A PARENTS OR STUDENTS Original Adoption: PO CY GUIDE Reference Revised and Adopted: POLICY STATEMENT POLICY NO. 6170 SCHOOL AND COMMUNITY RELATIONS RECORDS MANAGEMENT PURPOSE The Bucks County Intermediate Unit Board recognizes the importance of establishing and maintaining a Records Management Plan that defines the Bucks County Intermediate Unit (BCIU) staff responsibilities and complies with federal and state laws and regulations. AUTHORITY The Board shall retain, as permanent records of the BCIU, Board minutes, annual auditor’s reports and annual financial reports. All other financial records, including financial account books, orders, bills, contracts, invoices, receipts and purchase orders, shall be retained by the BCIU for a period of not less than six (6) years. 24 P.S. Sec. 518 All other BCIU records shall be retained in accordance with state and federal law and regulations and the BCIU Records Management Plan approved by the Board. The BCIU shall make a good faith effort to comply with all proper requests for record production. Selective destruction of records in anticipation of litigation is prohibited. 65 P.S. Sec. 67.901 DEFINITIONS Electronic Mail (E-mail) System – a system that enables users to compose, transmit, receive and manage text and/or graphic electronic messages and images across local area networks and through gateways connecting other networks. This information consists primarily of messages but may include attachments such as calendars, directories, distribution lists, word processing documents, spreadsheets and other electronic documents. 1 Litigation Hold – a communication ordering that all records and data relating to an issue being addressed by current or potential litigation or investigation be preserved for possible production during the litigation or investigation. Records – information, regardless of physical form or characteristics, that document a transaction or activity of the BCIU and that is created received or retained pursuant to law or in connection with a transaction, business or activity of the BCIU. The term includes a document, paper, letter, map, book, tape, photograph, film or sound recording, information stored or maintained electronically and a data-processed or image-processed document. 65 P.S. Sec. 67.102 Records Management Plan – the plan implemented by the BCIU for the retention, retrieval and disposition of all records generated by BCIU operations. Records Retention Schedule – a comprehensive listing stating retention periods and proper disposition of records. DELEGATION OF RESPONSIBILITY Records Coordinator In order to maintain a Records Management Plan that complies with federal and state laws and regulations and Board policy, the Executive Director and/or the Executive Director’s designee shall be designated as the BCIU’s Records Coordinator. The Records Coordinator shall be responsible to: 1. Ensure that training of staff, appropriate to the staff position and level of responsibility, is provided. Such training may include: the requirements of this policy and related policies; identification of what is and what is not a record; protocols for preserving and categorizing BCIU records; processes for proper disposal of BCIU records; procedures and responsibilities of BCIU staff in the event of a litigation hold; and, the operation, care and handling of the applicable equipment and software. 2. Review the Records Management Plan periodically to ensure that record descriptions and retention periods are updated as necessary. 3. On an annual basis, identify, when the retention period expires, the specific records to be disposed of and ensure that all identified records are properly disposed of as needed. 2 GUIDELINES Records Management Plan The BCIU Records Management Plan shall set forth the principal methods and means for the retention, retrieval, and disposition of physical and electronic records, including emails in particular. The Plan shall not rely primarily on automatic backup systems to manage the retention and disposition of records. The Records Management Plan shall identify: 1. Comprehensive listing of records and data of the BCIU. 2. Criteria to distinguish BCIU records from employees’ records. 3. System(s) of records storage and retrieval to be used, including in what form the records will be stored, maintained, reproduced, and disposed. 4. Preservation measures to protect the integrity of records and data. 5. Data map or flow chart detailing the sources, routes, and destinations of electronic records. 6. Procedures and employee designated for determining whether an item is a record. 7. Procedures for adding, revising or deleting records and data, and any other details necessary to implement the Records Management Plan. 8. Records retention schedule. 9. Provisions for the storage and retrieval of records in the event of an emergency or disaster. 10. Staff positions authorized to access BCIU records. 11. Procedures to be implemented in the event of a litigation hold that immediately suspends disposition of all records relevant to the current or potential claim. Such procedures shall specify who will determine which records are subject to the litigation hold and who will be responsible for monitoring and ensuring the BCIU’s compliance with the litigation hold. 3 65 P.S. Sec. 67.708 20 U.S.C. Sec. 1232g When possible, records and data shall be stored in their original form, including metadata, such as creation date, author, type of title, etc. For any record not covered by the Records Retention Schedule, the Records Coordinator shall determine how long the record shall be kept and recommend any necessary revisions to the retention schedule. The BCIU shall maintain and dispose of records in a manner that protects any sensitive, proprietary or confidential information or individual privacy rights. The BCIU’s efforts to maintain and dispose of records shall be accomplished in a manner that attempts to conserve natural resources as much as possible. Physical Records Physical records, which include all records not stored electronically, shall be retained and disposed of in accordance with the Records Management Plan. Physical records shall be indexed in an organized and consistent manner, reflecting the way records will be retained and referenced for later retrieval. The BCIU shall develop and maintain adequate and up-to-date documentation about each physical record system. Electronic Records Electronic records (all records stored electronically) shall be retained and disposed of in the same manner as records in other formats and in accordance with the Records Management Plan. Electronic records shall be indexed in an organized and consistent manner, reflecting the way the records will be retained and referenced for later retrieval. The BCIU shall develop and maintain adequate and up-to-date documentation about each electronic record system. E-mail Records E-mail messages, in and of themselves, do not necessarily constitute records. Retention and disposition of e-mail messages depend on the function and content of the individual message. Records on an e-mail system, including messages and attachments, shall be retained and disposed of in accordance with the BCIU’s Record Management Plan. 4 E-mail messages and attachments that do not meet the definition of records shall be deleted in a timely manner. E-mail records may be maintained as an electronic record or be printed and maintained as a physical record. For each e-mail considered to be a record, the following shall be retained: 1. 2. 3. 4. Message content Name of Sender. Name of recipient. Date and time of transmission and/or receipt. Contractors Records created or maintained by contractors employed by the Board shall be retained and disposed of in accordance with the Records Retention Management Plan. 65 P.S. Sec. 67.506 References: School Code – 24 P.S. Sec. 433, 518 Right-to-Know Law – 65 P.S. Sec. 67.101 et seq. Family Educational Rights and Privacy Act – 20 U.S.C. Sec 1232 g. Federal Rules of Civil Procedure – 16, 26, 34, 37, 45 5 POLICY STATEMENT POLICY NO. 6170.1 SCHOOL AND COMMUNITY RELATIONS RECORDS RETENTION PURPOSE It is the policy of the Bucks County Intermediate Unit (BCIU) that its records, including both physical (paper, etc.) and electronic, be retained only as long as determined necessary to meet legal, audit and management requirements. In each case, the official retention periods shall be as short as possible in order to minimize the use of valuable space, promote efficiency, assist in the day-to-day operations of the BCIU and reduce the cost of storage for unneeded records inventory. AUTHORITY The Records Retention Policy and Schedule has been formulated and approved by the Board of Directors. DELEGATION OF RESPONSIBILITY This Records Retention Policy and Schedule shall be under the supervision of the Records Coordinator, who may delegate responsibilities to others while maintaining the ultimate authority to enforce the policy and schedule. GUIDELINES Training Employees will have access to the Records Retention Policy and Schedule and periodically will receive training on how it should be applied. Litigation hold requirements must be a predominant topic in the training sessions. 1 Litigation Hold When the BCIU has been given notice that a legal action is either pending or imminent or a government investigation will occur, destruction of relevant records (electronically stored or physical documents) must be suspended immediately. Notice should occur before the filing of a complaint, and assumes that the BCIU is previously aware of an incident or event that is subject to a suit. The Records Coordinator must be made aware of events or incidents that are likely to lead to legal action. Legal counsel must be notified immediately. Legal counsel will be responsible for evaluating defenses available to the BCIU, identifying the records (electronically stored or physical documents) that may be relevant to a legal action and responding to the suspension of the retention and destruction polices and schedules. Interpretation The Executive Director and Records Coordinator will be responsible for interpreting any portion of this policy or the BCIU’s Records Retention Schedule as they may apply to specific situations. Exceptions Requests for exceptions from this policy should be submitted to the Records Coordinator, who will consult with the Executive Director. Review This policy and the Records Retention Schedule must be reviewed as necessary. Suggested changes should be submitted to the Records Coordinator. Changes in the Records Retention Schedule necessitated by changes in the law (statutory or case law) must be communicated to the Records Coordinator and Executive Director, who must cause appropriate changes to be made in the Records Retention Policy and Schedule. Storage Designating appropriate storage is an important consideration. Documents must not only be preserved, they must be reasonably accessible. A storage system should permit the necessary records to be easily located, managed, searched, retrieved and produced. Storage is a critical consideration in responding to subpoenas, discovery requests, investigations, regulatory requests, educational and business needs. Accessibility can also facilitate the document destruction component of the records retention program. 2 Security of records is critical for confidential records, particularly records pertaining to some transactions, financial and tax records; employee records, such as personnel files, medical records, compensation records and insurance forms; student records; and government records designated as confidential and having restricted accessibility and protected privacy. Disaster Recovery The Document Retention Program seeks to identify and preserve documents for disaster recovery where the informational value to the BCIU is so great, and the consequence of loss is potentially so severe to the continuity of the BCIU, that special protection is warranted. Records that qualify as disaster recovery records are: 1. Legal, financial, tax and organizational status records. 2. Obligations to employees, vendors and students. 3. Ownership of assets and inventory. 4. Intellectual property and achievements not recognized elsewhere; and information on critical decision-making. Archival Records Records that have value beyond their original purpose because they document significant business activities or services should be safeguarded as a permanent resource. The following considerations should apply to the preservation of records: 1. An archival collection would be prepared that includes, among other things, the minute books, each annual auditor’s report, each annual financial report, trademarks, copyrights, deeds, financial records and photographs. 2. Special consideration should be made to evaluate whether protection within the BCIU facilities or outside of the BCIU facilities is best. 3. Loaned materials to other sources should be maintained likewise. Records Retention Due to Pending Litigation The BCIU records that are required to be retained due to pending litigation or government investigations must be reviewed frequently. Contact must be made with the Executive Director to verify possession of the most current list of records that should be considered protected (i.e., not to be destroyed) due to pending litigation, in litigation or subject to government investigation. All BCIU staff must be aware that under State and 3 federal law and applicable Rules of Civil Procedure, all recorded information may be deemed a record for such purposes regardless of the medium of storage of the information. All records that relate to pending litigation or regulatory or investigatory proceedings must be retained during the pending litigation and/or proceeding. Destruction Proper disposal or destruction of paper and electronic records is required. Records must be destroyed by shredding, erasing, or otherwise modifying the information of the record to make the record unreadable, undecipherable or nonreconstructable through generally available means. 4 POLICY STATEMENT POLICY NO. 6170.2 SCHOOL AND COMMUNITY RELATIONS RECORDS DESTRUCTION PURPOSE The proper disposal of information and data (physical and/or electronically stored), is important to minimize use of valuable space, promote efficiency, assist in the day-to-day operations of the Bucks County Intermediate Unit (BCIU), reduce the cost of storage for unneeded records and reduce the risk of identity theft and/or breaches of privacy, computer fraud and related harms. The BCIU employees must take reasonable measures to protect against unauthorized access to or use of records and information/data and properly dispose of paper and electronic records, information and data. AUTHORITY This Records Destruction Policy has been formulated and approved by the BCIU Board of Directors. DELEGATION OF RESPONSIBILITY The Records Coordinator is responsible for the destruction of the BCIU records. Delegation of responsibilities may be made by the Records Coordinator if clear guidance is provided to those with delegated responsibility while maintaining the ultimate authority to enforce this policy. The Records Coordinator must use due diligence when hiring a document destruction contractor to dispose of material. Due diligence may include, but is not limited to: (a) reviewing an independent audit of a disposal company’s operation and/or compliance with various defined destruction laws; (b) obtaining information about the disposal company from references; (c) requiring that the disposal company be certified by a recognized trade association; and (d) reviewing and evaluating the disposal company’s information security policies and/or procedures. 1 GUIDELINES Destruction Destruction of all paper and electronic records must be accomplished by shredding, erasing or otherwise modifying the information of the record to make the record unreadable, undecipherable or nonreconstructctable through generally available means. Other means include, but are not limited to, burning or pulverizing the records. Information that is stored electronically must be made irretrievable before disposal. Records must be destroyed within a reasonable amount of time of the period designated in the BCIU Records Retention Schedule, unless an exception is granted by the Records Coordinator, or a litigation hold is applicable to such records. Electronically stored records that are retained must be retained in a preserved recordkeeping system along with the transmission data. In this case, e-mail messages in users’ mailboxes that have little or no continued value may be deleted. The records retained in the preserved recordkeeping system are governed by this policy and the BCIU Records Retention Policy and Schedule. Training It is necessary for the BCIU to train BCIU employees to ensure compliance with this policy, and the proper disposal methods for physical and electronically stored records, information, data, media and hardware. Litigation Hold When the BCIU has been given notice that a legal action is either pending or imminent or a government investigation will occur, destruction of records (physical or electronically stored documents) must be suspended immediately. Notice could occur before the filing of a complaint and assumes that the BCIU is previously aware of an incident or event that is subject to a suit. It is acknowledged that groups or classes of records must and shall be destroyed in the ordinary course of business under the approved BCIU Records Retention Policy and Schedule, which is designed to meet the legitimate needs of the BCIU. However, selective destruction of records (physical or electronically stored documents) in anticipation of litigation is forbidden. The Records Coordinator must be made aware of events or incidents that are likely to lead to legal action. Legal counsel must be notified immediately. Legal counsel will be responsible for evaluating the defenses available to the BCIU, identifying the records (physical or electronically stored documents) that may be relevant to a legal action and responding to the suspension of the retention and destruction policies and schedule. 2 SECTION: FINANCES TITLE: PROCUREMENT CARDS ADOPTED: JULY 19, 2011 REVISED: SEPTEMBER 17, 2013 6175. PROCUREMENT CARDS 1. Authority SC 964 The Board approves the use of procurement cards for permissible purchases by designated employees as well as designated independent contractors (i.e. drivers, custodians, etc.) to improve the efficiency of purchasing activities, reduce processing expenses, improve controls for small-dollar purchases, and streamline vendor payment. The Board directs the administration to establish safeguards to prevent misuse of such cards. The Board shall annually approve the list of employees and independent contractors authorized to use Intermediate Unit procurement cards. The Board shall purchase adequate insurance coverage for procurement card misuse. 2. Definition Procurement Card – Credit Card - a corporate charge card designed to reduce the cost and bureaucracy of small-dollar purchases. 3. Delegation of Responsibility A list of authorized users of procurement cards shall be maintained in the business office and shall include employees and independent contractors in designated positions. All use of procurement cards shall be supervised and monitored on a regular basis by the Business Administrator (or his/her designees) who shall ensure the use of such cards is in accordance with the funds budgeted for this purpose. Proper accounting measures for the use of procurement cards shall be developed, distributed, implemented, and monitored by the Business Administrator in coordination with the Director of Financial Services and the Director of Purchasing. An employee or independent contractor authorized to use a procurement card shall maintain adequate security of the card while it is in his/her possession. Under no circumstances may the card be used Page 1 of 2 by another individual. 6175. PROCUREMENT CARDS 4. Guidelines Each employee and each independent contractor using an Intermediate Unit procurement card shall sign a card usage agreement and receive training on applicable policies and procedures. Procurement cards shall be used only for authorized Intermediate Unit purchases and shall not be used for personal purchases. The Intermediate Unit retains the authority to revoke any procurement card used for unauthorized or personal purposes. Violations of this policy by an employee or independent contractor shall result in disciplinary action, in accordance with Board policy. The following list includes, but is not limited to, items authorized for purchase, without obtaining bids or quotes, by authorized employees and independent contractors using procurement cards: - SC 751, 807.1 Pol. 6175 SC 751, 807.1 Stationery, office supplies Minor repair items Computer parts and accessories Food for use in curriculum Supplies necessary for use in educational programs Conference travel Under no circumstances is alcohol to be purchased with the procurement cards nor are the cards to be used for entertainment purposes (such as retirement luncheons, dinner parties, receptions and similar events). Procurement cards shall not be used to circumvent the required bidding process. Purchases over the limit established by School Code (or through the mandate waiver process) shall require the use of a purchase order in accordance with established Board policy and procedures. Procurement cards shall not be used for purchases that could be anticipated at the beginning of the school year and would circumvent the required bidding process. References: School Code – 24 P.S. Sec. 751, 807.1, 964 Board Policy - 6175. Page 2 of 2 BUCKS SCHOOLS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS BUSINESS OPERATIONS SERIES 7000 TITLE NUMBER PLANNING AND PREPARATION 7010 PUBLICATION AND PUBLIC REVIEW 7030 DISTRICT BOARD APPROVAL OF GENERAL OPERATING BUDGET GRANTS 7040 7100 SALE, RENTAL, AND DISPOSAL OF EXCESS EQUIPMENT, MATERIALS AND SUPPLIES 7130 GIFTS AND BEQUESTS 7140 FUNDS MANAGEMENT INVESTMENT OF FUNDS 7150.2 BANK ACCOUNTS 7150.3 PAYMENT OF BILLS 7150.4 BUCKS SCHOOLS COUNTY INTERMEDIATE UNIT NO. 22 POLICY MANUAL TABLE OF CONTENTS BUSINESS OPERATIONS SERIES 7000 TITLE NUMBER PURCHASING PROCEDURES 7220 DISBURSEMENT 7230 ACCOUNTS 7300 OPERATION AND MAINTENANCE OF FACILITIES 7410 AUXILIARY AGENCIES TRANSPORTATION 7800 POLICY STATEMENT POLICY NO. 7010 BUSINESS OPERATIONS BUDGET PLANNING and PREPARATION All budgets of the Bucks County Intermediate Unit shall be based upon the needs of the Intermediate Unit and its school districts and the availability of funds to most effectively meet those needs. Planning for all budgets shall begin in sufficient time for presentation to the Bucks County Intermediate Unit Board of Directors, and, and when appropriate, to district Board of Directors, and the Pennsylvania Department of Education. Board adopted 01/18/77 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7030 BUSINESS OPERATIONS BUDGET PUBLICATION and PUBLIC REVIEW All budgets shall be open to inspection by the public, both prior to and following Board action; and the Board shall hear public comments on such documents at a time normally set aside for public participation at Board meetings. Board adopted 01/18/77 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7040 BUSINESS OPERATIONS BUDGET ADOPTION DISTRICT BOARD APPROVAL OF THE INTERMEDIATE UNIT GENERAL OPERATING BUDGET The General Operating Budget shall be approved by local districts through a mail ballot. Board adopted 02/17/81 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7100 BUSINESS OPERATIONS GRANTS The Executive Director shall be the Board’s authorized representative to submit applications and proposals for local, state, federal, or privately funded programs and grants. Once such funding has been successful for a submitted proposal, the Executive Director shall request the Board’s acceptance of the grant award. The Executive Director is authorized to prepare and publish administrative regulations for the implementation of this policy. Board adopted 01/18/77 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7130 BUSINESS OPERATIONS INCOME SALE, RENTAL, and DISPOSAL OF EXCESS EQUIPMENT, MATERIALS and SUPPLIES The Board authorizes the Executive Director or his/her designee to establish procedures for the sale, rental, and disposal of excess equipment, materials, and supplies. Board adopted 01/18/77 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7140 BUSINESS OPERATIONS INCOME GIFTS AND BEQUESTS The Board authorizes the Executive Director or his/her designee to accept gifts and bequests on behalf of and for the use of the Intermediate Unit. The acceptance shall be subject to the approval of the Bucks County Intermediate Board of Directors. Board adopted 01/18/77 Board revised 11/19/91 POLICY POLICY NO. 7150.2 STATEMENT BUSINESS OPERATIONS INCOME FUNDS MANAGEMENT INVESTMENT OF FUNDS 1. Purpose - It shall be the policy of the Bucks County Schools Intermediate Unit to invest cash balances in such a manner that will minimize risk to principal while maximizing return on investments in accordance with applicable Pennsylvania laws and the Intermediate Unit’s operational requirements. 2. General Objectives - The primary objectives of investment activities, in priority order, shall be legality, safety, liquidity and yield: A. LEGALITY – All investments shall be made in accordance with applicable laws of PA. B. SAFETY – Safety of principal is the foremost objective of the Intermediate Unit’s investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk, interest rate risk and custodial credit risk. POLICY POLICY NO. 7150.2 STATEMENT BUSINESS OPERATIONS INCOME INVESTMENT OF FUNDS– Continued 1. Credit Risk: The risk of loss of principal due to the failure of the security issuer or backer. 2. Interest Rate Risk: The risk that the market value of securities in the portfolio will fall due to changes in general interest rates. 3. Custodial Credit Risk: The risk that, in the event of a bank failure, the Intermediate Unit’s deposits or investments may not be returned to it. This risk is associated with the inability to obtain clear title and access to securities or collateral. C. LIQUIDITY – The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands. Furthermore, since future cash receipts are not always received when anticipated, the portfolio should be structured with a bias toward cash flow needs irrespective of projected receipts. D. YIELD – The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed 3. Authority All investments of the Intermediate Unit shall be made by the Board Treasurer, or employee of the Intermediate Unit working under their direction, in accordance with the Board-approved Administrative Guidelines for the Investment of Funds. POLICY POLICY NO. 7150.2 STATEMENT BUSINESS OPERATIONS INCOME FUNDS MANAGEMENT 4. Responsibility - The Executive Director and Board Treasurer shall be responsible for the operation of the investment program. 5. Reporting - The Board Treasurer shall report monthly to the Board indicating: a. the amount of funds invested; b. the interest received to date; c. the types and amounts of each investment and the interest rate on each; d. the names of the institutions where investments are placed; e. other information as requested by the Board. 6. Ethics - Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program or that could impair their ability to make impartial decisions. 7. Financial Disclosures - The Officers and Administrators of the Intermediate Unit involved with the investment process shall provide annually a “Statement of Financial Interest’ indicating their personal representatives and investment institutions as requested by the Pennsylvania State Ethics Commission. Such disclosure shall be reviewed annually by the Intermediate Unit’s independent auditors. Such disclosure in all other respects shall become part of the individual’s personnel file. 8. Administrative Guidelines - The Board directs the Executive Director and Board Treasurer to have developed written administrative guidelines for the investment of funds that will ensure compliance with this policy. POLICY POLICY NO. 7150.2 STATEMENT INCOME BUSINESS OPERATIONS INVESTMENT OF FUNDS- Continued 9. Audit - The Board directs that all investment records be subject to annual audit by the Intermediate Unit’s independent auditors. The audit shall include, but not be limited to, independent verification of amounts and records of all transactions, as deemed necessary by the independent auditors. It shall be the responsibility of the investment advisor and/or bidder to maintain necessary documents to permit an independent audit of the Intermediate Unit’s investments. 10. Bond - Bond Proceeds shall be invested in accordance with the Local Government Unit Debt Act and applicable Federal & State laws, subject to approval by the solicitor and/or Bond Counsel and the Board. Investment transactions arising from bond proceeds shall be reported monthly to the Board, in accordance with this policy. Board adopted 04/18/06 POLICY STATEMENT POLICY NO. 7150.3 BUSINESS OPERATIONS INCOME DEPOSITORY 1. Authority The Board, by a majority vote of the full Board, shall designate one or more banks or bank and trust companies as depositories for the safeguarding of Intermediate Unit funds. Each depository shall be required to report monthly to the Treasurer or board on the status of funds, in the manner required by law. Each designated depository shall furnish proper security for deposits in the amount designated by the Board and in accordance with law. Each designated depository shall be advised not to cash checks payable to the Intermediate Unit but to deposit said checks to the Intermediate Unit Accounts. Board adopted 04/18/06 POLICY POLICY NO. 7150.4 STATEMENT BUSINESS OPERATIONS INCOME PAYMENT OF BILLS Purpose It is the Board’s intent to direct prompt payment of bills but at the same time to ensure that due care has been taken in the review of Intermediate Unit bills. Authority Each bill or obligation of the Board must be fully itemized, verified and ratified by the Board before a check can be drawn for its payment, except that the Business Administrator is permitted to draw payment orders for: 1. Progress payments to contractors as specified in a contract approved by the Board. 2. Employee payroll including: net payroll, deductions, payroll taxes, and contracted employees’ benefit payments. 3. Utility bills. 4. Restricted grant payments required for reimbursement. 5. Intermediate Unit Insurance coverage’s. 6. Debt service payments. 7. Intermediate Unit rentals for vehicles, equipment and buildings. POLICY POLICY NO. 7150.4 STATEMENT BUSINESS OPERATIONS INCOME PAYMENT OF BILLS – Continued 8. Discount and Penalty items. 9. Routine operating items (i.e. postage, small cash only items, etc.) provided the Business Administrator approves said items. 10. Travel expense, lodging and registrations provided the Business Administrator and Executive Director have approved said travel. 11. Re-issue of a previously approved check. 12. Items the prompt payment of which will accrue to the advantage of the Intermediate Unit. 13. Other requested pre-payments will require the authorization of either the Executive Director or the Business Administrator prior to processing the payment. Delegation of Responsibility It shall be the responsibility of the Business Administrator or a designee upon receipt of an invoice, to verify that the invoice is in order, the goods were received in acceptable condition or services were satisfactorily rendered, funds are available to cover the payment, the item is one for which the Board budgeted, and the invoice is for the amount contracted. Should the invoice vary from the acknowledged purchase order, the Business Administrator or a designee shall document on the invoice the reason for such variance. Should funds not be available in the account to which a proposed purchase will be charged, the Business Administrator shall determine the appropriate manner in which to resolve the circumstance, including submitting the proper request for transfer to the Board. POLICY STATEMENT POLICY NO. 7150.4 BUSINESS OPERATIONS INCOME PAYMENT OF BILLS – Continued Guidelines All claims for payment shall be submitted to the Board in the form of a listing including check number, check date, vendor name, amount of remittance and description. The Bills for Payment list shall be placed in the official minutes of the Board. Upon approval of an order, the Business Administrator or a designee shall prepare a check for payment and cancel the commitment placed against the appropriate account. All checks approved by the Board shall be signed by the Board Treasurer. Signatures of the Treasurer may be engraved on a facsimile. No check shall be made out to cash. Sales Tax The Intermediate Unit is exempt from sales tax on the purchase of tangible, personal property or services that are sold or used by the Intermediate Unit. The Intermediate Unit shall control use of its sales tax exemption number issued by the Department of Revenue, in compliance with established regulations. The exemption number shall be used only when buying property or services for Intermediate Unit use. Board adopted 04/18/06 POLICY STATEMENT POLICY NO. 7220 BUSINESS OPERATIONS EXPENDITURES PURCHASING PROCEDURES All purchases made by the Intermediate Unit shall be made according to provisions of the Public School Code and applicable sections of other state or federal codes. The Board of Directors encourages the solicitation of properly advertised bids, wherever possible, when purchases are expected to exceed $10,000. Quotes shall be solicited for all purchases with expected value of more than $4,000. (This follows Act 38 of 1990.) The Executive Director, or his/her designee, is authorized to develop and publish administrative regulations which shall provide for the Intermediate Unit’s business office to handle all purchases and solicitation of bids. Board adopted 01/18/77 Boards revised & adopted 01/16/79 Board revised 11/19/91 POLICY STATEMENT POLICY NO. 7230 BUSINESS OPERATIONS EXPENDITURES PURCHASING PROCEDURES DISBURSEMENT Check writing procedures call for use of check signing plates bearing the signature of the Board Treasurer. Plates bearing the current Treasurer’s signature will be used through the month of August following the July reorganization meeting since it takes approximately six weeks to receive new check signing plates bearing the signature of Treasurer elected at the July reorganization meeting. The Board of Directors authorizes the Executive Director to implement check signing procedures which ensure the security of the check signing equipment and Bucks County Intermediate Unit funds. Board adopted 01/18/77 Board revised 09/17/91 POLICY STATEMENT POLICY NO. 7300 BUSINESS OPERATIONS ACCOUNTS The Bucks County Intermediate Unit shall comply with the Public School Code and “Handbook No. 1” of the Federal Accounting Guidelines, as well as the State Accounting Manual, in keeping its accounts and implementing fiscal procedures. Board adopted 01/18/77 POLICY STATEMENT POLICY NO. 7410 BUSINESS OPERATIONS BUILDING OPERATIONS OPERATION AND MAINTENANCE of FACILITIES The Board authorizes the Executive Director to set procedure for the use, safety, and security of facilities. Board adopted 01/18/77 Board revised 11/19/91 No. 705 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: PROPERTY TITLE: SAFETY ADOPTED: 7/16/2013 REVISED: 705. SAFETY 1. Purpose The Board believes that maintenance of a safe environment for its students, employees and the general public is an important goal that requires regular attention. 2. Authority The Board directs that a safety program shall be maintained to ensure a safe and secure environment for all students, staff and visitors, as well as to protect Intermediate Unit buildings, equipment and property. The safety program shall provide: instruction for students and staff in safety and accident prevention; protective devices where they are required for safety; and suitable and safe equipment necessary for the conduct of the educational programs and operation of the schools. 3. Delegation of Responsibility The Executive Director or designee shall develop and present to the Intermediate Unit Board for its approval a school safety plan that addresses school safety issues and prevention of accidents and fire and includes applicable requirements of law and regulations. The Executive Director or designee shall: SC 1518 1. Ensure curriculum to instruct students in safety and fire prevention. SC 1517, 1518 Pol. 805 2. Provide required drills and instruct students in safety procedures. 3. Review and evaluate annually Intermediate Unit safety rules and plans. Administrators shall inform all staff and students of safety rules at the beginning of the school year. Page 1 of 3 705. SAFETY - Pg. 2 4. Guidelines SC 223 Title 34 Sec. 129.1001129.1011 72 P.S. Sec. 1722-J 77 P.S. Sec. 1038.2 Certified Workplace Safety Committee A workplace safety committee shall be established to encourage safety awareness and make recommendations to the administration regarding safety-related concerns. The workplace safety committee shall be composed of a minimum of four (4) members and shall represent a cross-section of Intermediate Unit staff. It shall be the responsibility of the workplace safety committee to: 1. Evaluate the current safety program. 2. Establish procedures for conducting and documenting the findings of periodic inspections to locate and identify safety and health hazards. 3. Make recommendations to correct hazards. 4. Review, in a timely manner, incident and accident report and investigation forms. 5. Conduct follow-up evaluations on the effectiveness of new health and safety equipment or safety procedures. A quorum of the workplace safety committee members shall meet at least six times a year. The workplace safety committee shall develop and maintain operating procedures, membership lists, committee meeting agendas, attendance lists and minutes of each meeting. All decisions of the committee shall be made by majority vote of members present. The Executive Director or designee shall ensure that a qualified trainer provides all committee members with adequate, annual training in safety committee structure and operation, hazard detection and inspection, and accident and illness prevention and investigation. The Executive Director or designee shall maintain written records of workplace safety committee training. Page 2 of 3 705. SAFETY - Pg. 3 References: School Code – 24 P.S. Sec. 223, 1517, 1518 Department of Labor and Industry Regulations – 34 PA Code Sec. 129.1001129.1011 Fiscal Code – 72 P.S. Sec. 1722-J Certification of Safety Committee – 77 P.S. Sec. 1038.2 Board Policy – 805 Page 3 of 3 No. 805 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: OPERATIONS TITLE: EMERGENCY PREPAREDNESS ADOPTED: 7/16/2013 REVISED: 805. EMERGENCY PREPAREDNESS 1. Purpose The Board recognizes its responsibility to safeguard the health and welfare of Intermediate Unit students and employees. Therefore, the Board shall provide the facilities, equipment and training necessary to minimize the effects of all hazards and emergencies including, but not limited to, natural disasters, hazardous chemicals, fires, weapons, bomb threats, terrorism, communicable diseases and pandemics. Advance planning and comprehensive implementation are key components in ensuring the protection of the Intermediate Unit community. 2. Authority 35 Pa. C.S.A. Sec. 7701 Title 55 Sec. 3270.27 The Intermediate Unit, in cooperation with the local Emergency Management Agency and the Pennsylvania Emergency Management Agency (PEMA), shall develop and implement a comprehensive disaster response and emergency preparedness plan, consistent with the guidelines developed by the Pennsylvania Emergency Management Agency and other applicable state requirements. Individual facilities may develop emergency plans in accordance with applicable law and regulations or Intermediate Unit procedures. The Board shall also utilize the resources of and comply with the requirements of the Pennsylvania Department of Health, the Pennsylvania Department of Education and the Pennsylvania Department of Public Welfare. SC 1517, 1518 35 Pa. C.S.A. Sec. 7701 Title 55 Sec. 3270.94 3. Delegation of Responsibility SC 1517 The Board shall ensure that emergency and evacuation drills are conducted at intervals required by state law and regulations. The Executive Director or designee shall implement procedures to notify parents/guardians of the evacuation of students and to alert the entire Intermediate Unit community when necessary. The Executive Director shall certify that emergency and evacuation drills have been conducted in the manner prescribed by law. Page 1 of 4 805. EMERGENCY PREPAREDNESS - Pg. 2 Intermediate Unit staff shall be trained to assist in implementing the emergency preparedness plan and their respective facility emergency plans. 4. Guidelines SC 1302.1-A 35 Pa. C.S.A. Sec. 7701 Title 55 Sec. 3270.27 The emergency preparedness plan shall be maintained in each Intermediate Unit building, be reviewed at least annually, and be modified as necessary. A copy of each emergency plan shall be provided to the county Emergency Management Agency and each local police department with jurisdiction over the Intermediate Unit property. Memorandum Of Understanding SC 1303-A As required by state law and regulation and as an essential element of the emergency preparedness plan, the Executive Director shall execute a memorandum of understanding with each local police department that has jurisdiction over Intermediate Unit property. The memorandum of understanding shall be signed by the Executive Director, police chief and the designated building administrator. SC 1303-A Pol. 218, 218.1, 218.2, 222, 227 The memorandum of understanding shall comply with state law and regulations and set forth procedures to be followed regarding incidents that include, but are not limited to, acts of violence, weapons, terroristic threats, controlled substances, alcohol and tobacco. SC 1303-A The memorandum of understanding may specify other matters related to crime prevention mutually agreed upon by the Executive Director and the local police department who has jurisdiction over the Intermediate Unit property. SC 1303-A Every two (2) years, the memorandum of understanding shall be updated by the Executive Director, re-executed with the appropriate police department, and filed with the Office of Safe Schools. Continuity Of Student Learning/Core Operations 35 Pa. C.S.A. Sec. 7701 In the event of an emergency, local, county or state officials may require that the Intermediate Unit facilities be closed to serve as mass-care facilities or to mitigate the spread of infection or illness. Local, county or state officials may also utilize Intermediate Unit transportation vehicles. Page 2 of 4 805. EMERGENCY PREPAREDNESS - Pg. 3 The Intermediate Unit shall make provisions in the emergency preparedness plan for the continuity of student learning during facility closings or excessive absences. Such alternatives may include but not be limited to: 1. Web-based Intermediate Unit instruction. 2. Telephone trees. 3. Mailed lessons and assignments. 4. Instruction via local television or radio stations. The continuity of core operations such as payroll and ongoing communication with students and parents/guardians shall be an essential part of the emergency preparedness plan. Education Students and staff members shall be instructed and shall practice how to respond appropriately to emergency situations. Required Drills 35 Pa. C.S.A. Sec. 7701 At least annually, the Intermediate Unit shall conduct a disaster response or emergency preparedness plan drill. SC 1517, 1518 Title 55 Sec. 3270.94 Fire drills shall be conducted at intervals required by law and regulations. SC 1517 Bus evacuation drills shall be conducted twice a year, in accordance with law. References: School Code – 24 P.S. Sec. 1302.1-A, 1303-A, 1517, 1518 Page 3 of 4 805. EMERGENCY PREPAREDNESS - Pg. 4 State Department of Public Welfare Regulations – 55 PA Code Sec. 3270.20, 3270.20a, 3270.27, 3270.74, 3270.94 Disaster Prevention – 35 Pa. C.S.A. Sec. 7701 Board Policy – 218, 218.1, 218.2, 222, 227, 810 Page 4 of 4 No. 907 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: COMMUNITY TITLE: INTERMEDIATE UNIT VISITORS ADOPTED: REVISED: 907. INTERMEDIATE UNIT VISITORS 1. Authority SC 914-A The Board welcomes and encourages interest in Intermediate Unit educational programs and other school-related activities. The Board recognizes that such interest may result in visits to Intermediate Unit buildings or programs by parents/guardians, adult residents or staff of member school districts, educators and other officials. To ensure order in the schools and to protect students and employees, it is necessary for the Board to establish policy governing visitors. 2. Delegation of Responsibility The Executive Director or designee and building administrator or program supervisor have the authority to prohibit the entry of any individual to an Intermediate Unit building, in accordance with Board guidelines and state and federal law and regulations. The Executive Director or designee shall develop administrative regulations to implement this policy and control access to Intermediate Unit buildings and classrooms. 3. Guidelines Persons wishing to visit an Intermediate Unit building should make arrangements with the office in that building and follow required procedures. Persons visiting a program site in a school district building shall comply with the member school district’s policy governing school visitors. Persons wishing to visit an Intermediate Unit program or classroom shall receive prior permission from the program supervisor or building administrator. No visitor may confer with a student in an Intermediate Unit building or program without the approval of the building administrator or program supervisor. Should an emergency require that a student be called to the office to meet a visitor, the building administrator, program supervisor or designee shall be present during the meeting. Page 1 of 2 907. INTERMEDIATE UNIT VISITORS - Pg. 2 For safety and security reasons, employees shall be prohibited from having personal guests visit or accompany them anywhere in Intermediate Unit facilities without explicit authorization from the building administrator or program supervisor. Failure to comply with these procedures shall result in more limited access to the Intermediate Unit building or program as determined by the building administrator or program supervisor, consistent with Board policies, school rules and federal and state law and regulations. Classroom Visitations SC 914-A Title 22 Sec. 14.108 Parents/Guardians may request to visit their child’s classroom, but the request must be made prior to the visit, in accordance with established administrative regulations. The building administrator or program supervisor must grant prior approval for the visit, and shall notify the classroom teacher prior to the visit. The building administrator or program supervisor and classroom teacher have the authority to ask a visitor to leave if the visitor disrupts the classroom routine, educational program or daily schedule, or if a visitor violates Board policy. Failure to leave when asked or repeated, documented disruptions may result in loss of classroom visitation privileges. Military Personnel 24 P.S. Sec. 2402 Members of the active and retired Armed Forces, including the National Guard and Reserves, shall be permitted to: 1. Visit and meet with Intermediate Unit employees and students when such visit is in compliance with Board policy and Intermediate Unit procedures. 2. Wear official military uniforms while on Intermediate Unit property. References: School Code – 24 P.S. Sec. 914-A State Board of Education Regulations – 22 PA Code Sec. 14.108 Military Visitors – 24 P.S. Sec. 2402 Board Policy – 000 Page 2 of 2 POLICY POLICY NO. 7800 STATEMENT BUSINESS OPERATIONS BUILDING OPERATIONS AUXILIARY AGENCIES TRANSPORTATION The arrangement for transportation of exceptional students (and other Bucks County Intermediate Unit program participants where necessary) shall be approved at least annually by the Board of Directors. Contractors who transport exceptional children in personally owned vehicles due to the use of lesstraveled routes, or to the transportation of children who need special, individual care, will be approved by the Board of Directors. promptly and safely. Board adopted 01/18/77 The contractors will be responsible for getting students to and from classes POLICY POLICY NO. 8010 STATEMENT STUDENTS MEDICATION DISPENSING The Bucks County Intermediate Unit Board of Directors shall not be responsible for the diagnosis or treatment of student illness. However, the Board recognizes that the administration of medications to students while in school may be necessary under certain circumstances. Accordingly, the administration of medication to a student during school will be permitted only when: a. failure to take medication would jeopardize the health of the student; and b. the student would not be able to attend school if the medication were not administered during school hours. Board adopted 11/19/99 No. 249 BUCKS COUNTY INTERMEDIATE UNIT #22 SECTION: PUPILS TITLE: BULLYING/ CYBERBULLYING ADOPTED: September 20, 2011 REVISED: 249. BULLYING/CYBERBULLYING 1. Purpose The Bucks County Intermediate Unit (BCIU) Board recognizes the need to maintain a learning and working environment that is free from bullying and harassment. The BCIU prohibits any and all forms of bullying, as it violates the basic rights of students and staff to be in a safe, orderly, and positive learning environment, and presents an obstacle to the academic, vocational, and social/emotional development of BCIU students. This policy is in effect while students are on property within the jurisdiction of the BCIU, while on BCIU-contracted or BCIU-operated vehicles; and while attending or engaged in BCIU-sponsored activities. Students who file a bullying complaint or who assist or participate in any manner in a bully investigation may not be retaliated against. The BCIU will promptly and thoroughly instigate reports of bullying. Anyone who engages in bullying or cyberbullying in violation of this policy shall be subject to appropriate disciplinary action. 2. Definitions SC 1303.1-A Bullying shall mean a written, verbal or physical act, or series of acts: 1. Directed at another student or students. 2. That is severe, persistent or pervasive. 3. That has the effect of any of the following: a. Substantially interfering with a student’s education. b. Creating a threatening environment. c. Substantially disrupting the orderly operation of the school or classroom. d. Embarrassing, humiliating, intimidating, or otherwise harassing a student. Page 1 of 4 249. BULLYING/CYBERBULLYING - Pg. 2 Bullying, as defined in this policy, includes cyberbullying. Cyberbullying is defined as using the Internet, cell phone, electronic mail, or other electronic device to send or post via text or image or some other media any material that results in bullying. SC 1303.1-A 3. Authority SC 1303.1-A School setting means in the school, on school grounds, in school vehicles, at a designated bus stop or at any activity sponsored, supervised or sanctioned by the BCIU. The Board prohibits all forms of bullying by BCIU students. The Board expects that students and parents/guardians who become aware of an act of bullying shall report it to a school official (usually the program supervisor or other administrator) for further investigation. Any student who retaliates against another person for reporting bullying, intimidation and/or physical assault shall be subject to further disciplinary action. The Board directs that complaints of bullying shall be investigated promptly, and corrective action shall be taken when allegations are verified. Confidentiality of all parties shall be maintained, consistent with the Intermediate Unit’s legal and investigative obligations. No reprisals or retaliation shall occur as a result of good faith reports of bullying. 4. Delegation of Responsibility Each staff member shall be responsible for maintaining an educational environment free from bullying. Staff members who observe or become aware of an act of bullying shall take immediate, appropriate steps to intervene unless the intervention would be a threat to staff safety. In that case, or if the bullying persists, staff will report the bullying to the Executive Director or other administrator for further investigation. Each student shall be responsible to respect the rights of others and to ensure an atmosphere free from bullying. SC 1303.1-A The Executive Director or designee shall ensure that this policy and administrative regulations are reviewed annually with students. SC 1303.1-A The Executive Director or designee, in cooperation with other appropriate administrators, shall review this policy every three (3) years and recommend necessary revisions to the Board. Page 2 of 4 249. BULLYING/CYBERBULLYING - Pg. 3 SC 1303.1-A The Intermediate Unit administration shall annually provide the following information with the Safe School Report: 1. Board’s Bullying Policy. 2. Report of bullying incidents. 3. Information on the development and implementation of any bullying prevention, intervention or education programs. 5. Guidelines This policy shall be accessible in every Intermediate Unit classroom. The policy shall be posted in a prominent location within each Intermediate Unit building and on the website, if available. Education SC 1302-A, 1303.1-A Pol. 236 The Intermediate Unit may develop and implement bullying prevention and intervention programs. Such programs shall provide Intermediate Unit staff and students with appropriate training for effectively responding to, intervening in and reporting incidents of bullying. Consequences For Violations SC 1303.1-A Pol. 218, 233 A student who violates this policy shall be subject to appropriate disciplinary action consistent with applicable federal and state laws and BCIU Board policies, which may include: 1. Counseling within the Intermediate Unit or school. 2. Parental conference. 3. Loss of school privileges. 4. Transfer to another school building, classroom or school bus. 5. Exclusion from school-sponsored activities. 6. Detention. 7. Suspension. 8. Expulsion. Page 3 of 4 249. BULLYING/CYBERBULLYING - Pg. 4 9. Counseling/Therapy outside of the Intermediate Unit or school. 10. Referral to law enforcement officials. References: School Code – 24 P.S. Sec. 1302-A, 1303.1-A Board Policy – 000, 218, 233, 236, 237, 248 Page 4 of 4 No. 806 SECTION: OPERATIONS TITLE: CHILD/STUDENT ABUSE ADOPTED: September 17, 2013 REVISED: 806. CHILD/STUDENT ABUSE 1. Authority SC 1205.6 18 Pa. C.S.A. Sec. 4304 23 Pa. C.S.A. Sec. 6301 et seq Pol. 333, 818 The Board requires Intermediate Unit employees to comply with identification and reporting requirements for possible child abuse as well as victimization of students by other school employees. The Board directs the Intermediate Unit, and independent contractors of the Intermediate Unit, to provide their employees with training for recognition and reporting of child abuse as required by law. 2. Definitions 23 Pa. C.S.A. Sec. 6351, 6354 Administrator - the person responsible for the administration of the Intermediate Unit. The term includes a person responsible for employment decisions in a school and an independent contractor. 23 Pa. C.S.A. Sec. 6354 Applicant - an individual who applies for a position as an Intermediate Unit employee. The term includes an individual who transfers from one position as an Intermediate Unit employee to another position as an Intermediate Unit employee. 23 Pa. C.S.A. Sec. 6303 Child Abuse - means any of the following: 1. Any recent act or failure to act by a perpetrator which causes nonaccidental serious physical injury to a child under eighteen (18) years of age. 2. Any act or failure to act by a perpetrator which causes nonaccidental serious mental injury to or sexual abuse or sexual exploitation of a child under eighteen (18) years of age. 3. Any recent act, failure to act, or series of such acts or failures to act by a perpetrator which creates an imminent risk of serious physical injury to or sexual abuse or sexual exploitation of a child under eighteen (18) years of age. 4. Serious physical neglect by a perpetrator constituting prolonged or repeated lack of supervision or the failure to provide essentials of life, including adequate medical care, which endangers a child's life or development or impairs the child's functioning. Page 1 of 8 806. CHILD/STUDENT ABUSE - Pg. 2 No child shall be deemed to be physically or mentally abused based on injuries that result solely from environmental factors that are beyond the control of the parent or person responsible for the child's welfare, such as inadequate housing, furnishings, income, clothing, and medical care. SC 1205.6 Direct Contact with Children - the possibility of care, supervision, guidance or control of children or routine interaction with children. 23 Pa. C.S.A. Sec. 6303 Perpetrator - a person who has committed child abuse and is a parent/guardian of a child, a person responsible for the welfare of a child, an individual residing in the same home as a child, or a paramour of a child's parent/guardian. The term does not include a person who is employed by or provides services or programs in school or for the Intermediate Unit. 23 Pa. C.S.A. Sec. 6303 School Employee - an individual employed in a district school or Intermediate Unit. The term includes an independent contractor and employees. The term excludes an individual who has no direct contact with students. 23 Pa. C.S.A. Sec. 6303 Serious Bodily Injury - bodily injury which creates a substantial risk of death or which causes serious permanent disfigurement or protracted loss or impairment of function of any bodily member or organ. 23 Pa. C.S.A. Sec. 6303 Serious Mental Injury - a psychological condition, as diagnosed by a physician or licensed psychologist, including the refusal of appropriate treatment, that: 1. Renders a child chronically and severely anxious, agitated, depressed, socially withdrawn, psychotic or in reasonable fear that the child's life or safety is threatened. 2. Seriously interferes with a child's ability to accomplish age-appropriate developmental and social tasks. 23 Pa. C.S.A. Sec. 6303 Serious Physical Injury - an injury that causes a child severe pain, or significantly impairs a child's physical functioning, either temporarily or permanently. Page 2 of 8 806. CHILD/STUDENT ABUSE - Pg. 3 23 Pa. C.S.A. Sec. 6303 Sexual Abuse or Exploitation - includes any of the following: the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in or assist another individual to engage in any sexually explicit conduct or simulation of sexually explicit conduct for the purpose of producing visual depiction, including photographing, videotaping, computer depicting and filming of any sexually explicit conduct; or any of the following offenses committed against a child: rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault, molestation, incest, indecent exposure, prostitution, sexual abuse or sexual exploitation. SC 1205.6 Sexual Misconduct - any act, including, but not limited to, any verbal, nonverbal, written or electronic communication or physical activity, directed toward or with a child or student that is designed to establish a romantic or sexual relationship with the child or student, such acts include but are not limited to: 1. Sexual or romantic invitation. 2. Dating or soliciting dates. 3. Engaging in sexualized or romantic dialog. 4. Making sexually suggestive comments. 5. Self-disclosure or physical disclosure of a sexual or erotic nature. 6. Any sexual, indecent, romantic or erotic contact with a child or student. 23 Pa. C.S.A. Sec. 6303 3. Delegation of Responsibility Student - an individual enrolled in an Intermediate Unit program under eighteen (18) years of age. In accordance with Board policy, the Executive Director or designee shall: Pol. 302, 304, 305, 306 1. Require each applicant for employment to submit an official child abuse clearance statement issued within the preceding year, except for those exempted by law. Pol. 309 2. Require each applicant for transfer or reassignment to submit an official child abuse clearance statement unless the applicant is applying for a transfer from one position as an Intermediate Unit employee to another position as an Intermediate Unit employee and the applicant has already obtained an official child abuse clearance statement. Page 3 of 8 806. CHILD/STUDENT ABUSE - Pg. 4 The Executive Director or designee shall annually inform students, parents/guardians and staff regarding the contents of this Board policy. Intermediate Unit staff shall annually receive notice of their responsibility for reporting child abuse and student abuse in accordance with Board policy and administrative regulations. 4. Guidelines SC 1205.6 Pol. 333, 818 Training The Intermediate Unit, and independent contractors of the Intermediate Unit, shall provide their employees who have direct contact with children with mandatory training on child abuse recognition and reporting. The training shall include, but not be limited to, the following topics: 1. Recognition of the signs of abuse and sexual misconduct and reporting requirements for suspected abuse and sexual misconduct. 24 P.S. Sec. 2070.1a et seq 2. Provisions of the Professional Educator Discipline Act, including mandatory reporting requirements. 3. Board policy related to reporting of suspected abuse and sexual misconduct. 4. Maintenance of professional and appropriate relationships with students. SC 1205.6 Employees are required to complete a minimum of three (3) hours of training every five (5) years. CHILD ABUSE BY PERPETRATOR Duty To Report 23 Pa. C.S.A. Sec. 6311, 6313 Intermediate Unit employees who in the course of employment come into contact with children shall report or cause a report to be made when they have reasonable cause to suspect, on the basis of medical, professional, or other training and experience, that a child under the care, supervision, guidance or training of Intermediate Unit employees is a victim of child abuse, including child abuse by an individual who is not a perpetrator. 23 Pa. C.S.A. Sec. 6311 42 Pa. C.S.A. Sec. 5945 Except as stated in law, privileged communication between any professional person required to report and the patient or client of that person shall not apply to situations involving child abuse and shall not constitute grounds for failure to report. Page 4 of 8 806. CHILD/STUDENT ABUSE - Pg. 5 23 Pa. C.S.A. Sec. 6311 Intermediate Unit employees required to report suspected child abuse shall include, but are not limited to, an administrator, teacher, nurse, and/or social worker. 23 Pa. C.S.A. Sec. 6318 Any person required to report child abuse who, in good faith, reports or causes the report to be made shall have immunity from civil and criminal liability related to those actions. 18 Pa. C.S.A. Sec. 4304 An Intermediate Unit employee required to report suspected child abuse who, acting in an official capacity, prevents or interferes with the making of a report of suspected child abuse commits a misdemeanor of the first degree. 23 Pa. C.S.A. Sec. 6319 An Intermediate Unit employee or administrator required to report suspected child abuse or make a referral to the appropriate authorities who willfully fails to do so commits a misdemeanor of the third degree for the first violation and a misdemeanor of the second degree for a second or subsequent violation. Reporting Procedures Intermediate Unit employees who suspect child abuse shall immediately notify the Executive Director. Upon notification, the Executive Director shall report the suspected child abuse. 23 Pa. C.S.A. Sec. 6313 Reports of child abuse shall immediately be made by telephone to the Childline Abuse Registry and in writing to the county Children and Youth Agency within forty-eight (48) hours after the oral report. Investigation 23 Pa. C.S.A. Sec. 6346 Intermediate Unit administrators shall cooperate with the Department of Public Welfare or the county agency investigating a report of suspected child abuse, including permitting authorized personnel to interview the child while in attendance at Intermediate Unit programs. 23 Pa. C.S.A. Sec. 6314 The Intermediate Unit administrator required to report cases of suspected child abuse may take or cause to be taken photographs of the child who is subject to a report and, if clinically indicated, cause to be performed a radiological examination and other medical tests on the child. Page 5 of 8 806. CHILD/STUDENT ABUSE - Pg. 6 STUDENT ABUSE BY SCHOOL EMPLOYEE Duty To Report 23 Pa. C.S.A. Sec. 6352 An Intermediate Unit employee shall immediately contact the Executive Director when the Intermediate Unit employee has reasonable cause to suspect, on the basis of his/her professional or other training and experience, that a student coming before the Intermediate Unit employee in the employee's professional or official capacity is a victim of serious bodily injury or sexual abuse or sexual exploitation by a school or Intermediate Unit employee. 23 Pa. C.S.A. Sec. 6352 If the accused employee is the Executive Director, the Intermediate Unit employee shall immediately report to law enforcement officials and the district attorney. 23 Pa. C.S.A. Sec. 6353 The Intermediate Unit administrator who receives a report from an Intermediate Unit employee or who has independent cause to suspect injury or abuse shall immediately report to law enforcement officials and the appropriate district attorney. The administrator shall exercise no discretion but has an absolute duty to report when receiving notice from an Intermediate Unit employee. 23 Pa. C.S.A. Sec. 6352, 6353 An Intermediate Unit employee or administrator who refers a student abuse report shall be immune from civil and criminal liability arising out of the report. 23 Pa. C.S.A. Sec. 6352 An Intermediate Unit employee who willfully fails to report suspected student abuse or who willfully violates the confidentiality of such a report commits a summary offense. 23 Pa. C.S.A. Sec. 6353 An Intermediate Unit administrator who willfully fails to report immediately to law enforcement officials and the appropriate district attorney any report of serious bodily injury or sexual abuse or sexual exploitation alleged to have been committed by a school or Intermediate Unit employee against a student commits a misdemeanor of the third degree. Reporting Procedures 23 Pa. C.S.A. Sec. 6353 The administrator’s report to law enforcement officials and the district attorney shall include: name, age, address, and school of the student; name and address of the student's parent/guardian; name and address of the administrator; name, work and home address of the school or Intermediate Unit employee; nature of the alleged offense; any specific comments or observations directly related to the alleged incident; and the individuals involved. Page 6 of 8 806. CHILD/STUDENT ABUSE - Pg. 7 23 Pa. C.S.A. Sec. 6352 The Intermediate Unit employee making a report of student abuse or injury by another employee shall not reveal the existence or content of the report to any person other than those to whom reporting is required under this policy. Investigation 23 Pa. C.S.A. Sec. 6353.1 Upon receipt of a report of suspected student abuse, an investigation shall be conducted by law enforcement officials, in cooperation with the district attorney. 23 Pa. C.S.A. Sec. 6353.1 If law enforcement officials have reasonable cause to suspect, on the basis of initial review, that there is evidence of serious bodily injury, sexual abuse or sexual exploitation committed by a school or Intermediate Unit employee against a student, the officials shall notify the county agency in the county where the alleged abuse or injury occurred for the purpose of the agency conducting an investigation. 23 Pa. C.S.A. Sec. 6346 Intermediate Unit administrators shall cooperate with the Department of Public Welfare or the county agency investigating a report of suspected student abuse, including permitting authorized personnel to interview a student while in attendance at Intermediate Unit programs. 23 Pa. C.S.A. Sec. 6353.1 Law enforcement officials and the county agency shall coordinate their respective investigations. They shall conduct joint interviews with students, but law enforcement officials shall interview school or Intermediate Unit employees prior to the county agency. Pol. 317 The administrator has an independent duty to report to the Executive Director or designee that an employee has allegedly abused or otherwise victimized a student. The requirement not to divulge the existence of the report or its content shall not limit the administrator’s responsibility to use the information received to initiate and conduct an independent school investigation into the allegations. The independent school investigation shall be conducted in cooperation with the county agency and law enforcement officials, and shall be for the purpose of ascertaining appropriate employee discipline and taking action necessary to curtail wrongdoing. Page 7 of 8 806. CHILD/STUDENT ABUSE - Pg. 8 References: Child Abuse Recognition and Reporting Training – 24 P.S. Sec. 1205.6 Professional Educator Discipline Act – 24 P.S. Sec. 2070.1a et seq. State Department of Public Welfare Regulations – 55 PA Code Sec. 3490.1 et seq. Endangering Welfare of Children – 18 Pa. C.S.A. Sec. 4304 Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq. Confidential Communications to School Personnel – 42 Pa. C.S.A. Sec. 5945 Registration of Sex Offenders – 42 Pa. C.S.A. Sec. 9795.1, 9795.4, 9798.1 Board Policy – 302, 304, 305, 306, 309, 317, 333, 818 NOTES: Add the following to the References only if backup indicates that the IU operates early childhood programs such as Head Start, Early Intervention programs, or child care/preschool programs in IU facilities: State Department of Public Welfare Regulations – 55 PA Code Sec. 3270.19 PSBA Revision 1/13 Page 8 of 8 POLICY STATEMENT POLICY NO. 9000 PROGRAMS, INSTRUCTIONAL AND NON-INSTRUCTIONAL PROGRAM CONSULTANTS In situations where knowledge and/or technical skills are needed that cannot be supplied by members of the Intermediate Unit staff, technical and consultant assistance will be considered as one alternative for providing the desired service. The service to be provided will be carefully planned consistent with budget appropriates and related budget implementation procedures. Board adopted 12/21/82 effective 12/01/82 Board revised 11/19/91 Formerly Policy No. 0015.4