matawan aberdeen regional board of education

Transcription

Matawan-Aberdeen Regional School District
Policies and Regulations
M indicates mandated by the State. M indicates Mandated by the State of New Jersey.
0144 Board Member Orientation
Must have training in harassment, intimidation
1140 Affirmative Action Program M
Required annual appointment of AA officer,
professional development outlined
1522 School Planning M
References to QAAR are now QSAC. This is a
place holder for performance objectives
depending on State waiver
1523 Comprehensive Equity Plan M
Updated to match align with code
1530 Equal Employment Opportunities M
Updated addresses and contacts
1530 R Equal Employment Opportunities M
Updated to specify complaint procedure
1550 Affirmative Action Program M
Updates on addresses and contacts
1550R Affirmative Action Program M
Updates on procedures
1631 Residency Requirements for Person
Holding District Employment
States requirements for residency and
waiver for hardships
2260 Affirmative Action Program for Employment M
Update on citations
2415.01 Academic Standards, Assessment M
Requirements of the NCLB law for academic
performance – 2415 replaces this policy
2415 Academic Standards (No Child Left Behind) M
Performance levels, newly revised and
Incorporated with 2415.01
2423 Bilingual and ESL Education M
Parent notification, instruction, updated
2423 R Bilingual and ESL Education M
Presents documentation, notification
procedures
3125.2 Employment Substitutes
Sets forth time limits and proposed salary
limitations.
5350 – Pupil Suicide Prevention
Outlines training, information on reducing risk
5512 Harassment, Intimidation M
Outlines procedures, consequences, prevention
5512 R Harassment, Intimidation M
Reflects new requirements of Anti-Bullying Acts,
presents consequences, remediation
5519 Dating Violence M
Policy to prevent, respond and educate on
acts or incidents of dating violence
5519 R Dating Violence M
Reporting procedures for dating violence,
discipline procedures, warning signs
5561 Physical Restraint
Sets forth requirements for restraint and
limitations
5561 R Physical Restraint
Lists requirements and protocols for restraint
6112 Reimbursement of Federal and other grants M
Format for submitting reimbursement requests
6112 R Reimbursement of Federal and other grants M
Additional information on reimbursements
6220 Budget Preparation M
Citations updated, new requirement for public
inspection of budget prior to submission
6311 Contracts
District’s must check vendor’s status re
excluded parties lists system
6362 Contributions to Board Members M
Prohibits award of all contracts of $17,500 or
greater to any vendor who contributed to a
Board member, etc. and other restrictions
6424 Emergency Contracts
Protocol for issuing an emergency contract s
updated
6820 Financial Reporting M
New citations updated, titles for administrators
6830 Audit and Comprehensive Annual Report M
New citations updated
8310 Public Records
OPRA requirements and general costs for copies
8310 R Public Records
OPRA guides for material requests
8420.2 Bomb Threats M
Protocol for reactions to situation
8420.10 Active Shooter M
8420.7 Lock Down M
8505 School Nutrition M
Additional requirements for flavored fat free
milk
8613 Waiver of Pupil Transportation
Parent/guardian choice to waive transportation
8740 Bonding
Minimum bond requirements for treasurer of
School monies
9180 School Volunteers
Requirements include criminal history check,
residency requirements
9181 Volunteers – Athletic and Co-Curricular
Added criminal history check, delineation of
responsibilities
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
BYLAWS
0144/Page 1 of 2
BOARD MEMBER ORIENTATION
0144 BOARD MEMBER ORIENTATION AND TRAINING
The preparation of each member for the performance of Board of Education
duties is essential to the proper functioning of the Board. The Board encourages
each new Board member in the acquisition of information about school district
governance, the separate functions of the Board and the Superintendent, the
operations of the district, and Board procedures.
The Board directs that each new member receive
access electronic and/or a paper copy of the Board of Education Bylaws and
Policy Manual, as determined by each Board members individual preference,
the manual of administrative regulations,
each negotiated agreement,
the current budget statement and audit report,
and the most recent long range facilities plan.
Each new Board member will be invited and is encouraged to meet and discuss
the responsibilities and authority of a Board member, Board functions, and Board
policies and procedures with the Board President or his/her designee(if available),
the Superintendent, and the School Business Administrator/Board Secretary.
Each newly elected or appointed Board member shall complete during the first
year of the member's first term a training program to be prepared and offered by
the New Jersey School Boards Association, in consultation with the New Jersey
Association of School Administrators, the New Jersey Principals and Supervisors
Association, and the Department of Education, regarding the skills and knowledge
necessary to serve as a Board member.
The training program shall include information regarding the school district
monitoring system established pursuant to P.L. 2005, c. 235, the New Jersey
Quality Single Accountability Continuum, and the five key components of school
district effectiveness on which school districts are evaluated under the monitoring
system: instruction and program; personnel; fiscal management; operations; and
governance.
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
BYLAWS
0144/Page 2 of 2
BOARD MEMBER ORIENTATION
The Board member shall complete a training program on school district
governance in each of the subsequent two years of the Board member's first term.
Within one year after each re-election or re-appointment to the Board of
Education, the Board member shall complete an advanced training program to be
prepared and offered by the New Jersey School Boards Association. This
advanced training program shall include information on relevant changes to New
Jersey school law and other information deemed appropriate to enable the Board
member to serve more effectively.
The New Jersey School Boards Association shall examine options for providing
training programs to Board members through alternative methods such as on-line
or other distance learning media or through regional-based training.
Within one year after being newly elected or appointed or being re-elected or reappointed to the Board of Education, a Board member shall complete a training
program on harassment, intimidation, and bullying in schools, including a school
district’s responsibilities under P.L. 2002, c.83 (C.18A:37-13 et seq.). A Board
member shall be required to complete the program only once. Training on
harassment, intimidation, and bullying in schools shall be provided by the New
Jersey School Boards Association, in consultation with recognized experts in
school bullying from a cross section of academia, child advocacy organizations,
nonprofit organizations, professional associations, and government agencies.
N.J.S.A. 18A:12-33; 18A:37-13 et seq.
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1140/Page 1 of 3
AFFIRMATIVE ACTION PROGRAM (M)
M
1140 AFFIRMATIVE ACTION PROGRAM
The Board of Education shall adopt and implement written educational equality
and equity policies in accordance with the provisions of N.J.A.C. 6A:7 –
Managing For Equality And Equity In Education.
The Board’s affirmative action program shall recognize and value the diversity of
persons and groups within society and promote the acceptance of persons of
diverse backgrounds regardless of race, creed, color, national origin, ancestry,
age, marital status, affectional or sexual orientation, gender, religion, disability, or
socioeconomic status. The affirmative action program will also promote equal
educational opportunity and foster a learning environment that is free from all
forms of prejudice, discrimination, and harassment based upon race, creed, color,
national origin, ancestry, age, marital status, affectional or sexual orientation,
gender, religion, disability, or socioeconomic status in the policies, programs, and
practices of the Board of Education.
The Board shall inform the school community it serves of these policies in a
manner including, but not limited to, the district's customary methods of
information dissemination. The Board shall develop a Comprehensive Equity
Plan once every three years, which shall identify and correct all discriminatory
and inequitable educational and hiring policies, patterns, programs, and practices
affecting its facilities, programs, pupils, and staff.
The Board shall assess the district's needs for achieving equality and equity in
educational programs based on an analysis of pupil performance data such as:
National Assessment of Educational Progress and State assessment results, PreKindergarten through grade twelve promotion/retention data, Pre-Kindergarten
through grade twelve completion rates; re-examination and re-evaluation of
classification and placement of pupils in special education programs if there is an
over representation within certain groups; staffing practices; pupil demographic
and behavioral data; quality of program data; and stakeholder satisfaction data
prior to developing the Comprehensive Equity Plan. The purpose of the needs
assessment is to identify and eliminate discriminatory practices and other barriers
in achieving equality and equity in educational programs.
The Board shall annually designate a member of its staff as the Affirmative
Action Officer and form an Affirmative Action Team, of whom the Affirmative
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1140/Page 2 of 3
Action Officer is a member, to coordinate and implement the requirements of
N.J.A.C. 6A:7 – Managing For Equality And Equity in Education. The Board
shall assure that all stakeholders know who the Affirmative Action Officer is and
how to access him or her.
The Affirmative Action Officer must have a New Jersey standard certification
with an administrative, instructional, or educational services endorsement,
pursuant to N.J.A.C. 6A:9 et seq. The Affirmative Action Officer shall:
coordinate the required professional development training for certificated and
non-certificated staff pursuant to N.J.A.C. 6A:7-1.6; notify all pupils and
employees of district grievance procedures for handling discrimination
complaints; and ensure the district grievance procedures, which include
investigative responsibilities and reporting information, are followed.
The Affirmative Action Team shall: develop the Comprehensive Equity Plan
pursuant to N.J.A.C. 6A:7-1.4(c); oversee the implementation of the district's
Comprehensive Equity Plan pursuant to N.J.A.C. 6A:7-1.4(c); collaborate with
the Affirmative Action Officer on coordination of the required professional
development training for certificated and non-certificated staff pursuant to
N.J.A.C. 6A:7-1.6; monitor the implementation of the Comprehensive Equity
Plan; and conduct the annual district internal monitoring to ensure continuing
compliance with State and Federal statutes governing educational equality and
equity, pursuant to N.J.A.C. 6A:7-1.4(d).
The Board shall provide professional development training to all certificated and
non-certificated school staff members on a continuing basis to identify and
resolve problems associated with the pupil achievement gap and other inequities
arising from prejudice on the basis of race, creed, color, national origin, ancestry,
age, marital status, affectional or sexual orientation, gender, religion, disability, or
socioeconomic status. All new certificated and non-certificated staff members
shall be provided with professional development training on educational equality
and equity issues within the first year of employment. Parents and other
community members shall be invited to participate in the professional
development training.
The Commissioner or his/her designee shall provide technical assistance to local
school districts for the development of policy guidelines, procedures, and inservice training for Affirmative Action Officers so as to aid in the elimination of
prejudice on the basis of race, creed, color, national origin, ancestry, age, marital
status, affectional or sexual orientation, gender, religion, disability, or
socioeconomic status.
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1140/Page 3 of 3
N.J.A.C. 6A:7-1.4; 6A:7-1.5; 6A:7-1.6
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1522/Page 1 of 2
SCHOOL-LEVEL PLANNING (M)
M
1522 SCHOOL-LEVEL PLANNING
The Board of Education recognizes the school-level planning process involves
parent(s) or legal guardian(s) and staff members in identifying school needs,
establishing performance objectives, and monitoring progress toward those
objectives.
School Report Card
The school district shall annually disseminate a report card for each school in the
district which shall contain statistical information specified by the New Jersey
Department of Education to all staff and parents. The school district shall also
make the report card available to the media. The procedure the district will
follow to disseminate the report card shall be in accordance with the requirements
of the New Jersey Department of Education.
By September 30, each school in the district shall develop and implement a twoyear plan based on school report card data. This plan shall include pupil
performance objectives, a review of progress by teaching and administrative staff,
and the involvement of parents.
At least once per semester, each school shall conduct meetings by grade level,
department, team, or similarly appropriate group to review the school-level plan.
The review shall include: school report card data; progress toward achieving pupil
performance objectives; and progress toward achieving Core Curriculum Content
Standards. The results of each such meeting shall be considered by the school
planning team in the development of the succeeding school-level plan.
Pupil Performance Objectives
Each school in the district shall develop two or more objectives based on pupil
performance or behavior standards as defined in N.J.A.C. 6A:8-4.4(a), 6A:3213.1 and 13.2. The objectives shall cover a period of not more than two years.
If pupil performance is below minimum State standards, the objectives to meet
those standards shall be established. Benchmarks (interim performance levels)
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1522/Page 2 of 2
SCHOOL-LEVEL PLANNING (M)
shall be set forth to measure the school's progress toward the achievement of
minimum State standards.
If pupil performance is at or above minimum State standards, challenge
objectives shall be established.
The Superintendent shall, no later than August 1 of each year, submit each
school's objectives to the Executive County Superintendent for review and
approval.
Each school shall achieve its pupil performance objectives by meeting established
benchmarks for minimum State standards and/or achieving challenge objectives
or demonstrating progress toward meeting such objectives.
Each school that does not meet established benchmarks for pupil performance
objectives or demonstrate progress toward meeting challenge objectives for two
or more successive years shall be assigned a technical assistance team by the
Executive County Superintendent to facilitate accomplishment of these
objectives.
N.J.A.C. 6A:32-12.2
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1523/Page 1 of 2
COMPREHENSIVE EQUITY PLAN (M)
1523 COMPREHENSIVE EQUITY PLAN (M)
M
The Board of Education shall submit a Comprehensive Equity Plan based on an
assessment of the district's needs for achieving equity in educational programs
that includes a cohesive set of policies, programs, and practices that ensure high
expectations and positive achievement patterns and equal access to education
opportunity for all learners, including pupils and teachers.
The Comprehensive Equity Plan shall include the following:
1.
A needs assessment that includes pupil assessment and behavioral
data disaggregated by gender, race, ethnicity, Limited English
Proficiency, Special Education, Migrant, date of enrollment, pupil
suspension, expulsion, Child Study Team referrals, PreKindergarten through grade twelve promotion/retention data, PreKindergarten through grade twelve completion rates, and reexamination and re-evaluation of classification and placement of
pupils in special education programs if there is overrepresentation
within a certain group; staffing practices; quality of program data;
and stakeholder satisfaction data;
2.
A description of how other Federal, State, and district policies,
programs, and practices are aligned to the Comprehensive Equity
Plan;
3.
Adequate yearly progress targets for closing the achievement gap;
4.
Professional development targets regarding the knowledge and
skills needed to provide a thorough and efficient education as
defined by the Core Curriculum Content Standards; differentiated
instruction and formative assessments aligned to Core Curriculum
Content Standards; and high expectations for teaching and
learning; and
5.
Annual targets addressing district needs in equity in school and
classroom practices that are aligned to professional development
targets.
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1523/Page 2 of 2
COMPREHENSIVE EQUITY PLAN (M)
A Comprehensive Equity Plan shall be developed every three years and the Board
of Education shall initiate the Comprehensive Equity Plan within sixty days of its
approval and shall implement the plan in accordance with the timelines approved
by the New Jersey Department of Education.
In the event the Board of Education does not implement the Comprehensive
Equity Plan within one hundred eighty days of its approval date, or fails to report
its progress annually or as required by the New Jersey Department of Education,
sanctions deemed to be appropriate by the Commissioner of Education or his/her
designee shall be imposed, and may include action to suspend, terminate, or
refuse to award continued Federal or State financial assistance, pursuant to
N.J.S.A. 18A:55-2.
N.J.A.C. 6A:7-1.9
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1530/Page 1 of 2
EQUAL EMPLOYMENT OPPORTUNITIES (M)
M
1530 EQUAL EMPLOYMENT OPPORTUNITIES
The Board of Education shall, in accordance with law, guarantee equal
employment opportunity throughout the district.
The Board shall ensure all persons shall have equal and bias free access to all
categories of employment and equal pay for equal work in this district without
regard to the candidate's race, color, creed, religion, national origin, ancestry, age,
marital status, affectional or sexual orientation, gender, socioeconomic status, or
disability, pursuant to N.J.A.C. 6A:7-1.1. The school district’s employment
applications and pre-employment inquiries conform to the guidelines of the New
Jersey Division of Civil Rights.
The Board will use equitable practices that prevent imbalance and isolation based
on race, color, creed, religion, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender, socioeconomic status, or disability
among the district’s certificated and non-certificated staff and within every
category of employment, including administration. Promotions and transfers will
be monitored to ensure non-discrimination.
The Board shall not assign, transfer, promote or retain staff, or fail to assign,
transfer, promote or retain staff, on the sole basis of race, creed, color, national
origin, ancestry, age, marital status, affectional or sexual orientation, gender,
religion, disability or socioeconomic status, pursuant to N.J.A.C. 6A:7-1.1.
The Board will target underutilized groups in every category of employment. The
Board will provide among the faculty of each school role models of diverse racial
and cultural backgrounds.
The Board shall not enter into a contracts with a person, agency, or organization
that discriminates in employment practices or in the provision of benefits or
services, on the basis of race, color, creed, religion, national origin, ancestry, age,
marital status, affectional or sexual orientation, or gender, socioeconomic status,
or disability, either in employment practices or in the provision of benefits or
services to pupils or employees, pursuant to N.J.A.C. 6A:7-1.1.
The Superintendent shall promulgate a complaint procedure for the adjudication
of disputes alleging violation of the law prohibiting discrimination in employment
or this policy. The Board shall not discriminate against any person for that
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
ADMINISTRATION
1530/Page 2 of 2
EQUAL EMPLOYMENT OPPORTUNITIES (M)
person's exercise of rights under the laws prohibiting discrimination in
employment or this policy.
N.J.S.A. 18A:6-5; 18A:6-6; 18A:28-10; 18A:29-2
N.J.A.C. 6A:7-1.1 et seq.; 6A:7-1.8
Cross reference: Policy Guide Nos. 1510, 1550 and
1530
Adopted: June 2013
Regulation Guide Nos.
REGULATION
MATAWAN ABERDEEN REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
R 1530/Page 1 of 4
EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCEDURE (M)
R 1530 EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT PROCEDURE (M)
M
R 1530 EQUAL EMPLOYMENT OPPORTUNITY COMPLAINT
PROCEDURE
A.
B.
Purpose and Application
1.
The purpose of this procedure is to give any district employee or
candidate for employment the opportunity to appeal an alleged
denial of equal employment opportunity in violation of State
statutes and administrative codes, and Federal laws and Policy No.
1530, guaranteeing “equal access to all categories of employment
without regard to the candidate’s race, color, creed, religion,
national origin, ancestry, age, marital status, affectional or sexual
orientation, gender, socioeconomic status, or disability.”
2.
This procedure is intended to facilitate an equitable and just
resolution of a dispute at the most immediate level and should be
implemented in an informal manner.
3.
Every reasonable effort will be made to expedite the process in the
interest of a prompt resolution. Time limits may, however, be
extended with the consent of all parties.
4.
All participants in the procedure will respect the confidentiality
that this district accords to information about individual
employees.
Definitions
1.
“Board of Education” means the Board of Education of the
Matawan-Aberdeen Regional School District.
2.
“Complaint” means an alleged discriminatory act or practice.
3.
“Complainant” means a staff member who alleges a discriminatory
act or practice.
REGULATION
BOARD OF EDUCATION
ADMINISTRATION
R 1530/Page 2 of 4
C.
4.
“Day” means a working or calendar day as identified.
5.
“Discriminatory act or practice” means denial of equal
employment opportunity in violation of State statutes and
administrative codes and Federal laws and Policy No. 1530.
6.
“School district” means the Matawan-Aberdeen Regional School
District.
Procedure
1.
A complainant who believes that he/she has been harmed or
adversely affected by a discriminatory practice or act prohibited by
law and/or policy shall discuss the matter with his/her immediate
supervisor in an attempt to resolve the matter informally.
2.
If the matter is not resolved to the satisfaction of the complainant
within thirty working days, the complainant may submit a written
complaint to the Affirmative Action Officer. The complaint will
include:
3.
a.
The complainant’s name and address,
b.
The specific act or practice that the complainant complains
of,
c.
The school employee, if any, responsible for the allegedly
discriminatory act,
d.
The results of discussions conducted in accordance with
paragraph C1, and
e.
The reasons why those results are not satisfactory.
The Affirmative Action Officer will investigate the matter
informally and will respond to the complaint in writing no later
than seven working days after receipt of the written complaint. A
copy of the complaint and the response will be forwarded to the
Superintendent.
REGULATION
BOARD OF EDUCATION
ADMINISTRATION
R 1530/Page 3 of 4
4.
The response of the Affirmative Action Officer may be appealed to
the Superintendent in writing within three working days after it has
been received by the complainant. The appeal will include the
original complaint, the response to the complaint, and the
complainant’s reason for rejecting the response. A copy of the
appeal must be given to the staff member alleged to have acted
discriminatorily.
5.
On his/her timely request (that is, submitted before the expiration
of the time within which the Superintendent must render a
decision), the complainant will be given an informal hearing before
the Superintendent, at a time and place convenient to the parties,
but no later than seven working days after the request for a hearing
has been submitted. The Superintendent may also require the
presence at the hearing of the staff member charged with a
discriminatory act and any other person with knowledge of the act
complained of.
6.
The Superintendent will render a written decision in the matter no
later than seven working days after the appeal was filed or the
hearing was held, whichever occurred later. Copies of the decision
will be given to all parties.
7.
The complainant may appeal the Superintendent’s decision to the
Board by filing a written appeal with the Board Secretary no later
than three working days after receipt of the Superintendent’s
decision. The appeal shall include:
8.
a.
The original complaint,
b.
The response to the complaint,
c.
The Superintendent’s decision,
d.
A transcript of the hearing, if one has been made, or a
summary of the hearing to which all parties have
consented, and
e.
The
complainant’s
reason
for
believing
Superintendent’s decision should be changed.
the
A copy of the appeal to the Board must be given to the staff
member, if any, charged with a discriminatory act.
REGULATION
BOARD OF EDUCATION
ADMINISTRATION
R 1530/Page 4 of 4
D.
9.
The Board will review all papers submitted and may render a
decision on the basis of the proceedings below. If the complainant
so requests, the Board may convene a hearing, at which all parties
may be represented by counsel and may present and examine
witnesses, who will testify under oath.
10.
The Board will render a written decision no later than forty-five
calendar days after the appeal was filed or the hearing held,
whichever occurred later. Copies of the decision will be given to
all parties.
11.
The complainant will be informed of his/her right to appeal the
Board’s decision to the:
a.
Commissioner of Education
New Jersey State Department of Education
P.O. Box 500
Trenton, New Jersey 08625-0500
Telephone:(877) 900-6960 or the
b.
New Jersey Division on Civil Rights
Trenton Regional Office
Office of the Attorney General
140 East Front Street – 6th Floor
Telephone: (609) 292-4605
Record
1.
The records of any complaint processed in accordance with this
procedure shall be maintained in a file kept by the Affirmative
Action Officer.
2.
A copy of the decision rendered at the highest level of appeal will
be kept in the employee’s personnel file.
Issued: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
ADMINISTRATION
1550/Page 1 of 1
AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT AND CONTRACT PRACTICES (M)
M
1550 AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT AND
CONTRACT PRACTICES
The Board of Education shall, in accordance with State statutes and administrative
code and Federal law and regulations, strive to overcome the effects of any
previous patterns of discrimination in district employment practices and shall
systematically monitor district procedures to ensure continuing compliance with
anti-discrimination laws and regulations.
The Board will ensure all persons regardless of race, creed, color, national origin,
ancestry, age, marital status, affectional or sexual orientation, gender, religion,
disability, or socioeconomic status shall have equal and bias-free access to all
categories of employment in the public educational system of New Jersey,
pursuant to N.J.A.C. 6A:7-1.1.
The Board will not enter into any contract with a person, agency, or organization
that discriminates on the basis of race, creed, color, national origin, ancestry, age,
marital status, affectional or sexual orientation, gender, religion, disability, or
socioeconomic status, either in employment practices or in the provision of
benefits or services to pupils or employees.
The Board shall not assign, transfer, promote or retain staff, or fail to assign,
transfer, promote or retain staff, on the sole basis of race, creed, color, national
origin, ancestry, age, marital status, affectional or sexual orientation, gender,
religion, disability, or socioeconomic status.
The Board shall ensure equal pay for equal work among members of the district's
staff, regardless of race, creed, color, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender, religion, disability, or socioeconomic
status, pursuant to N.J.A.C. 6A:7-1.1.
N.J.A.C. 6A:7-1.1 et seq.; 6A:7-1.8
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
ADMINISTRATION
R 1550/Page 1 of 5
AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT AND
CONTRACT PRACTICES COMPLAINT PROCEDURE (M)
M
R 1550 AFFIRMATIVE ACTION PROGRAM FOR EMPLOYMENT AND
CONTRACT PRACTICES COMPLAINT PROCEDURE
A.
B.
Purpose and Application
1.
The purpose of this procedure is to give any district employee or
candidate for district employment the opportunity to appeal an
alleged violation of the district’s Affirmative Action Program for
employment and contract practices, as set forth in Policy No. 1550
or in a plan formally adopted by the Board of Education and
approved by the Commissioner.
2.
No qualified handicapped person, shall, on the basis of handicap,
be subjected to discrimination in employment and the Board will
take positive steps to employ and advance in employment qualified
handicapped persons in programs and activities.
3.
This procedure is intended to facilitate an equitable and just
resolution of a dispute at the most immediate level and should be
implemented in an informal manner.
4.
Every reasonable effort will be made to expedite the process in the
interest of a prompt resolution. Time limits may, however, be
extended with the consent of all parties.
5.
All participants in the procedure will respect the confidentiality
that this district accords to information about individual staff
members.
Definitions
1.
“Board of Education” means the Board of Education of the
Matawan-Aberdeen Regional School District.
REGULATION
BOARD OF EDUCATION
ADMINISTRATION
R 1550/Page 2 of 5
C.
2.
“Complaint” means an alleged violation of the district’s
Affirmative Action Plan or Policy.
3.
“Complainant” means a staff member who alleges a violation of
the district’s Affirmative Action Plan or Policy No. 1550.
4.
“Day” means a working or calendar day as identified.
5.
“School district” means the Matawan-Aberdeen Regional School
District.
6.
“Violation” means the failure of a district official or employee to
take the positive steps outlined in Policy No. 1550 or the duly
approved Affirmative Action Plan to remove impermissible bias or
preference from all aspects of district employment or contract
practices and/or to correct the results of past discrimination.
Procedure
1.
A complainant who believes that he/she has been harmed or
adversely affected by a failure to enforce the district’s Affirmative
Action Plan for employment and contract practices shall discuss
the matter with his/her immediate supervisor in an attempt to
resolve the matter informally.
2.
If the matter is not resolved to the satisfaction of the complainant
within thirty working days, the complainant may submit a written
complaint to the Affirmative Action Officer. The complaint will
include:
a.
The complainant’s name and address,
b.
The specific failure to act that the complainant complains
of,
c.
The school officer or employee, if any, responsible for the
alleged violation of the Affirmative Action Plan,
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d.
The results of discussions conducted in accordance with
paragraph C1, and
e.
The reasons why those results are not satisfactory.
3.
The Affirmative Action Officer will investigate the matter
informally and will respond to the complaint in writing no later
than seven working days after receipt of the written complaint. A
copy of the complaint and the response will be forwarded to the
Superintendent.
4.
The response of the Affirmative Action Officer may be appealed to
the Superintendent in writing within three working days after it has
been received by the complainant. The appeal will include the
original complaint, the response to the complaint, and the
complainant’s reason for rejecting the response. A copy of the
appeal must be given to the staff member alleged to have violated
the Affirmative Action Plan.
5.
On his/her timely request (that is, submitted before the expiration
of the time within which the Superintendent must render a
decision), the complainant will be given an informal hearing before
the Superintendent, at a time and place convenient to the parties,
but no later than seven working days after the request for a hearing
has been submitted. The Superintendent may also require the
presence at the hearing of the staff member charged with violation
of the Affirmative Action Plan and any other person with
knowledge of the violation complained of.
6.
The Superintendent will render a written decision in the matter no
later than seven working days after the appeal was filed or the
hearing was held, whichever occurred later. Copies of the decision
will be given to all parties and to the Board of Education.
7.
The complainant may appeal the Superintendent’s decision to the
Board by filing a written appeal with the Board Secretary no later
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than three working days after receipt of the Superintendent’s
decision. The appeal will include:
a.
The original complaint,
b.
The response to the complaint,
c.
The Superintendent’s decision,
d.
A transcript of the hearing, if one has been made, or a
summary of the hearing to which all parties have
consented, and
e.
The
complainant’s
reason
for
believing
Superintendent’s decision should be changed.
the
8.
A copy of the appeal to the Board must be given to the staff
member, if any, charged with a violation of the Affirmative Action
Plan.
9.
The Board will review all papers submitted and may render a
decision on the basis of the proceedings below. If the complainant
so requests, the Board may convene a hearing, at which all parties
may be represented by counsel and may present and examine
witnesses, who will testify under oath.
10.
The Board will render a written decision no later than forty-five
calendar days after the appeal was filed or the hearing held,
whichever occurred later. Copies of the decision will be given to
all parties.
11.
The complainant will be informed of his/her right to appeal the
Board’s decision to the:
a.
b.
c.
Commissioner of Education
New Jersey State Department of Education
P.O. Box 500
Telephone:(877) 900-6960 or the
New Jersey Division on Civil Rights
Trenton Regional Office
Office of the Attorney General
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140 East Front Street – 6th Floor
Telephone:(609) 292-4605
D.
Record
1.
The records of any complaint processed in accordance with this
procedure shall be kept in a file maintained by the Affirmative
Action Officer.
2.
A copy of the decision rendered at its highest level of appeal will
be kept in the complainant’s personnel file.
Issued: June 2013
1631 RESIDENCY REQUIREMENT FOR PERSON HOLDING SCHOOL
DISTRICT OFFICE, EMPLOYMENT, OR POSITION
Every person holding an office, employment, or position in a school district shall have his
or her principal residence in New Jersey in accordance with the provisions of N.J.S.A.
52:14-7.
For the purpose of this Policy, “school district” means any local or regional school
district established pursuant to Chapter 8 or Chapter 13 of Title 18A of the New Jersey
Statutes and any jointure commission, county vocational school, county special services
district, educational services commission, educational research and demonstration center,
environmental education center, and educational information and resource center.
For the purpose of this Policy, a person may have at most one principal residence and the
State of a person's principal residence means the State where the person spends the
majority of his or her nonworking time, which is most clearly the center of his or her
domestic life, and which is designated as his or her legal address and legal residence for
voting. Having a home in New Jersey is not significant enough by itself to meet the
principal residence requirement of the law. The fact that a person is domiciled in New
Jersey shall not by itself satisfy the requirement of principal residency.
A person, regardless of the office, employment, or position, who holds an office,
employment, or position in the school district on September 1, 2011, but does not have
his or her principal residence in New Jersey on September 1, 2011, shall not be subject to
this residency requirement of N.J.S.A. 52:14-7 while the person continues to hold office,
employment, or position without a break in public service of greater than seven days.
A person may request an exemption from the provisions of N.J.S.A. 52:14-7 on the basis
of critical need or hardship. The request shall be made to a five-member committee
established in accordance with the provisions of N.J.S.A. 52:14-7 to consider applications
for such exemptions. The decision on whether to approve an application from any person
shall be made by a majority vote of the members of the committee, and those voting in
the affirmative shall so sign the approved application. If the committee fails to act on an
application within thirty days after the receipt thereof, no exemption shall be granted and
the residency requirement of N.J.S.A. 52:14-7 shall be operative.
Any person holding or attempting to hold an office, employment, or position in violation
of N.J.S.A. 52:14-7 shall be considered as illegally holding or attempting to hold the
office, employment, or position; however, the person shall have one year from the time of
taking the office, employment, or position to satisfy the requirement of principal
residency. If such person fails to satisfy the requirement of principal residency as defined
in N.J.S.A. 52:14-7 after the 365-day period, that person shall be deemed unqualified for
holding the office, employment, or position. The Superior Court shall, in a civil action in
lieu of prerogative writ, give judgment of ouster against such person, upon the complaint
of any officer or citizen of the State, provided that any such complaint shall be brought
within one year of the alleged 365-day period of failure to have his or her principal
residence in this State.
Notice of the residency requirements as outlined in N.J.S.A. 52:14-7 and this Policy
should be provided to all existing persons holding office, employment, or a position in
the school district and to candidates seeking to hold office, employment, or a position in
the school district.
N.J.S.A. 52:14-7
Adopted: June 2013
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AFFIRMATIVE ACTION PROGRAM FOR SCHOOL AND CLASSROOM PRACTICES (M)
2260 AFFIRMATIVE ACTION PROGRAM FOR SCHOOL AND CLASSROOM
PRACTICES (M)
M
2260 AFFIRMATIVE ACTION PROGRAM FOR SCHOOL
AND CLASSROOM PRACTICES
The Board of Education shall provide equal and bias-free access for all pupils to
all school facilities, courses, programs, activities, and services, regardless of race,
creed, color, national origin, ancestry, age, marital status, affectional or sexual
orientation, gender, religion, disability, or socioeconomic status, by:
1.
Ensuring equal and barrier-free access to all school and classroom
facilities;
2.
Attaining minority representation within each school, which
approximates the district's overall minority representation. Exact
apportionment is not required, however, the ultimate goal is a
reasonable plan achieving the greatest degree of racial balance,
which is feasible and consistent with sound educational values and
procedures;
3.
Utilizing a State approved English language proficiency measure
on an annual basis for determining the special needs and progress
in learning English of language-minority pupils pursuant to
N.J.A.C. 6A:15-1.3(c);
4.
Utilizing bias-free multiple measures for determining the special
needs of pupils with disabilities, pursuant to N.J.A.C. 6A:14-3.4;
5.
Ensuring that support services, including intervention and referral
services and school health services pursuant to N.J.A.C. 6A:16, are
available to all pupils; and
6.
Ensuring that a pupil is not discriminated against because of a
medical condition. A pupil shall not be excluded from any
education program or activity because of a long-term medical
condition unless a physician certifies that such exclusion is
necessary. If excluded, the pupil shall be provided with equivalent
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and timely instruction that may include home instruction, without
prejudice or penalty.
The Board of Education shall ensure that the district's curriculum and instruction
are aligned to the State's Core Curriculum Content Standards and address the
elimination of discrimination by narrowing the achievement gap, by providing
equity in educational programs and by providing opportunities for pupils to
interact positively with others regardless of race, creed, color, national origin,
disability, or socioeconomic status, by:
1.
Ensuring there are no differential requirements for completion of
course offerings or programs of study solely on the basis of race,
creed, color, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender, religion, disability, or
socioeconomic status;
2.
Ensuring courses shall not be offered separately on the basis of
race, creed, color, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender, religion, disability, or
socioeconomic status;
a.
Portions of classes which deal exclusively with human
sexuality may be conducted in separate developmentally
appropriate sessions for male and female pupils, provided
that the course content for such separately conducted
sessions is the same.
3.
Reducing or preventing the underrepresentation of minority,
female, and male pupils in all classes and programs including
gifted and talented, accelerated, and advanced classes;
4.
Ensuring that schools demonstrate the inclusion of a multicultural
curriculum in its instructional content, materials and methods, and
that pupils understand the basic tenet of multiculturalism;
5.
Ensuring that African American history, as well as the history of
other cultures, is infused into the curriculum and taught as part of
the history of the United States, pursuant to N.J.S.A. 18A:35-1 and
the New Jersey Core Curriculum Content Standards; and
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6.
Ensuring that instruction on the Holocaust and other acts of
genocide is included in the curriculum of all elementary and
secondary schools, as developmentally appropriate, pursuant to
N.J.S.A. 18A:35-28.
The Board of Education shall ensure all pupils have access to adequate and
appropriate counseling services. When informing pupils about possible careers,
professional or vocational opportunities, the Board shall not restrict or limit the
options presented to pupils on the basis of race, creed, color, national origin,
disability, or socioeconomic status. The district will not use tests, guidance, or
counseling materials which are biased or stereotyped on the basis of race, creed,
color, national origin, ancestry, age, marital status, affectional or sexual
orientation, gender, religion, disability, or socioeconomic status.
The Board of Education shall ensure that the district's physical education program
and its athletic programs are equitable, co-educational, and do not discriminate on
the basis of race, creed, color, national origin, ancestry, age, marital status,
affectional or sexual orientation, gender, religion, disability, or socioeconomic
status, as follows:
1.
The district shall provide separate restroom, locker room, and
shower facilities on the basis of gender, but such facilities provided
for pupils of each gender shall be comparable;
2.
A school within the school district may choose to operate separate
teams for both genders in one or more sports or single teams open
competitively to members of both genders, so long as the athletic
program as a whole provides equal opportunities for pupils of both
genders to participate in sports at comparable levels of difficulty
and competency; and
3.
The activities comprising such athletic programs shall receive
equitable treatment, including, but not limited to, staff salaries,
purchase and maintenance of equipment, quality and availability of
facilities, scheduling of practice and game time, length of season,
and all other related areas or matters.
N.J.S.A. 18A:36-20
N.J.A.C. 6A:7-1.7
Adopted: June 2013
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NO CHILD LEFT BEHIND PROGRAMS (M)
2415 NO CHILD LEFT BEHIND PROGRAMS (M)
M
2415 NO CHILD LEFT BEHIND PROGRAMS
The No Child Left Behind Act (NCLB) of 2001 is a reauthorization of the
Elementary and Secondary Education Act (ESEA)/Improving America’s Schools
Act (IASA) 1994, providing funds to help all New Jersey’s school children
achieve, at a minimum, proficiency in the State standards. NCLB embodies four
key principles or pillars of education reform: accountability, flexibility, choice,
and methodology. The Board of Education elects to augment the instructional
program of pupils by projects supported by Federal funds allocated under NCLB
and the district will comply with the requirements of all the programs authorized
by NCLB.
The district may be eligible for several grant programs funded through NCLB,
including, but not limited to, Title I through Title VI. Many of the Titles of
NCLB have several parts and subparts that provide a funding source for specific
purposes.
Application Procedure
The district will submit an annual No Child Left Behind Consolidated Formula
Subgrant Application to the New Jersey Department of Education (NJDOE). The
school district’s application shall include all information required by the NJDOE
and NCLB for the district to be considered for funding under NCLB.
Covered Programs
The intent of NCLB is that all children will meet State academic achievement
standards to reach their potential through improved programs. The NCLB
Consolidated Formula Subgrant includes the following programs:
1.
Title I, Part A provides the programs and resources for
disadvantaged students to meet this intent. It requires the State and
the district to close the achievement gap by placing a highly
qualified teacher in every classroom, improving the qualifications
of paraprofessionals who work with disadvantaged students, and
using instructional practices that have proven to be effective.
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2.
Title I, Part D serves neglected and delinquent youth in
institutions, community day programs, and correctional facilities to
assure they also attain high academic levels of performance.
3.
Title II, Part A provides the resources for improving teacher and
Principal quality and increasing the number of highly qualified
teachers and Principals in classrooms and schools, thereby raising
student achievement in the academic subjects. It focuses on
preparing, training, and recruiting high-quality teachers and
Principals and requires the State to develop plans with annual
measurable objectives that will ensure all teachers teaching in core
academic subjects are highly qualified by the end of the 2005-2006
school year.
4.
Title II, Part D facilitates comprehensive and integrated
educational technology strategies that target the specific needs of
individual schools. It improves student academic achievement
through the use of technology in elementary and secondary
schools, while addressing the digital divide such that every student
is technologically literate by the end of eighth grade. Effective
integration of technology resources and systems with teacher
training and curriculum development are encouraged in order to
identify and showcase best practices in educational technology.
5.
Title III, Part A focuses on the teaching of English to limited
English proficient (LEP) children, including immigrant children
and youth.
6.
Title IV, Part A provides resources for fostering a safe and drugfree learning environment that supports academic achievement.
7.
Title V, Part A provides a flexible source of funding to help
districts in the development and implementation of various
innovative reform initiatives.
8.
Title VI, Part B addresses the unique needs of rural school
districts.
9.
Title IX covers the general provisions applicable to some/all of the
programs.
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Throughout NCLB, the use of solid research to improve teaching and learning as
well as student behavior is required and promoted, and parent(s)/legal guardian(s)
are provided with information and options to improve the educational
opportunities provided for their children. The emphasis on scientifically based
methodology encourages the use of teaching techniques and practices that are
founded on research and proven to produce positive results.
Title I
The largest Federal program supporting elementary and secondary education is
Title I. NCLB strengthens Title I requirements for the State’s assessments,
accountability system, and support for school improvement. The law also
establishes minimum qualifications for teachers and paraprofessionals in Title I
programs.
The school district must use the best available measure for identifying children
from low-income families to: identify eligible school attendance areas, determine
the ranking of each area, and to determine allocations as identified in the Title I
guidelines and regulations.
The school district will offer Title I services to eligible children enrolled in
private elementary and secondary schools. The services and benefits will be
equitable in comparison to services and benefits for participating public school
children.
The school district will provide the New Jersey Department of Education
assurances it will provide the maximum coordination between the Title I program,
the regular school program, and services provided by other programs for
specialized populations. The Title I program will consider the special needs of
homeless children, migrant children, children with disabilities and limited English
proficient (LEP) children. Title I funds will be reserved so that migrant children
who are otherwise eligible to receive Title I services, even if they arrive during
the school year, are served.
Type of Title I Program
The school district will offer a TargetAssistance Title I program.
Target Assistance Program
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Schools that are not eligible for (or do not choose to operate) school-wide Title I
programs must use Title I funds to provide targeted services to low-achieving
students. A Target Assistance program must be established in accordance with
the Title I guidelines and regulations and the New Jersey Department of
Education.]
Academic Standards, Academic Assessments, and Accountability
The district will comply with the requirements as outlined in Policy 2415.01 Academic Standards, Academic Assessments, and Accountability in accordance
with the NJDOE and NCLB.
Fiscal Responsibility
The district will comply with the requirements as outlined in Policy 2415.02
Title I – Fiscal Responsibilities in accordance with the NJDOE and NCLB.
Staff
The district will comply with the requirements as outlined in Policy 2415.03 –
Highly Qualified Teachers in accordance with the NJDOE and NCLB. In
addition, the district will ensure all paraprofessionals meet the requirements as
required by NCLB and as outlined in Policy 4125 – Employment of Support Staff
Members.
Parental Involvement
The district will comply with the requirements as outlined in Policy 2415.04 –
Parental Involvement in accordance with the NJDOE and NCLB.
Pupil Surveys, Analysis, and/or Evaluations
The Protection of Pupil Rights Amendment (PPRA) applies to school districts that
receive Federal funding from the United States Department of Education. The
district will comply with the requirements as outlined in Policy 2415.05 - Pupil
Surveys, Analysis, and/or Evaluations in accordance PPRA.
Unsafe School Choice Option
In the event there is a school in the district designated as Persistently Dangerous
or in accordance with the Victims of Violent Criminal Offenses as outlined in
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NCLB, the district will comply with the requirements of Policy 2415.06 – Unsafe
School Choice Option in accordance with the NJDOE and NCLB.
Property
Property acquired through Title I funds for use in public or private schools will be
acquired in accordance with the Public School Contracts Law, will be held in title
by the Board of Education, and will not be used for other purposes so long as it is
required in the Title I program. Property no longer required for Title I purposes
will be used for other, similarly funded projects or disposed of in accordance with
State and Federal guidelines.
Capital Expenses
The Superintendent will assure the district abides by New Jersey’s Public
Contracts Law; consults appropriate private school officials prior to making any
decisions regarding capital expenses; ensure funds that are received to cover
capital expenses provide equitable Title I services to private school pupils; ensure
accounts for any capital funding is separately maintained; and assure lease
purchase agreements are consistent with applicable statute and administrative
code.
Post-Award Requirements
The school district will maintain all project records for five years following the
completion of the activity for which the funds were used. The school district will
prepare and submit all reports as required by the State Department of Education in
a timely manner.
Supplement, Not Supplant
Grant funds provided under Federal programs, including No Child Left Behind
funding, shall supplement, not supplant other non-Federal funds that are available
to provide programs and services to eligible students, unless otherwise provided
in the grant program.
State Waiver from Certain Provisions of No Child Left Behind (NCLB)
The State of New Jersey may receive a waiver(s) from certain provisions of
NCLB from the United States Department of Education. A waiver(s) may affect
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the applicability of the school district’s NCLB policies and/or regulations. In the
event a waiver(s) affects the applicability of Board of Education NCLB policies
and/or regulations, the waiver provisions shall supersede current Board policies
and/or regulations and the school district shall comply with the requirements as
outlined by the New Jersey Department of Education in accordance with the
waiver(s) application and approval(s) from the United States Department of
Education.
Evaluation
The Superintendent will evaluate the NCLB programs as required by the United
States and the New Jersey Departments of Education.
No Child Left Behind Act of 2001
Adopted: June 2013
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ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS AND ACCOUNTABILITY (M)
M
2415.01 ACADEMIC STANDARDS, ACADEMIC ASSESSMENTS,
AND ACCOUNTABILITY
The No Child Left Behind Act of 2001 (NCLB), a reauthorization of the
Elementary and Secondary Education Act (ESEA), requires New Jersey to
implement a single accountability system to include challenging academic content
and academic achievement standards. The accountability requirements under
NCLB were built on the foundation of the former Improving America’s Schools
Act (IASA).
To meet the Federal requirements, New Jersey has adopted the New Jersey Single
Accountability System. State assessments in language arts literacy and
mathematics are based on the New Jersey Core Curriculum Content Standards.
All pupils enrolled in New Jersey public schools, plus all pupil subgroups, must
meet the proficiency benchmarks to ensure the goal of 100% proficiency. Pupils
must score either “proficient” or “advanced proficient” on the assessments to be
counted toward meeting the benchmarks.
Schools are evaluated using adequate yearly progress (AYP) indicators. Pupil
achievement is determined by grade span (Elementary School – grades three
through five, Middle School – grades six through eight, and High School – grades
nine through twelve) and in each content area. There are indicators that must be
met (including participation and proficiency rates) plus a secondary indicator. A
safe harbor calculation is applied to measure significant progress if the benchmark
is missed. When a school does not meet AYP for two consecutive years in the
same content area, it is designated as a “school in need of improvement.”
AYP shall be calculated for all New Jersey schools under the provisions of
NCLB. Schools that do not meet AYP as defined under NCLB are placed into
one of the following categories. Title I schools in need of improvement must
implement the sanctions for each category.
Year 1 - Early Warning: A school that does not make AYP for one year is
placed into “early warning” status.
Year 2 - In Need of Improvement/School Choice: A school that does not
make AYP for two consecutive years in the same content area is
designated as a “school in need of improvement.” Parents/legal guardians
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shall be promptly notified if their child’s school has been designated as in
need of improvement. For Title I schools certain interventions apply,
including intradistrict school choice (or supplemental educational services
if choice is not available) and development of a school improvement plan
(Title I Unified Plan). The district must offer the school technical
assistance to address the areas that caused the school to be in need of
improvement. Parents/legal guardians shall be notified of their right to
request intradistrict public school choice and parents/legal guardians of
eligible pupils shall be notified of the availability of supplemental
educational services, if choice is not available, including the provider list
Web address.
Year 3 - In Need of Improvement/Supplemental Educational Services
(SES): A school that does not make AYP for three consecutive years in
the same content area shall continue to be identified as a “school in need
of improvement.” The Title I school must continue to offer intradistrict
school choice and must also offer SES to eligible pupils. Technical
assistance must continue to be offered by the district, parents must receive
notification of the school’s status, and the school improvement plan (Title
I Unified Plan) is updated annually. Parents/legal guardians of eligible
pupils shall be notified of the availability of supplemental educational
services, if choice is not available, including the provider list Web address.
The New Jersey Department of Education (NJDOE) offers school support
by engaging a team of experienced professionals to conduct an extensive
school review called Collaborative Assessment and Planning for
Achievement (CAPA). The CAPA team interviews stakeholders and staff,
reviews school and district documents, and conducts on-site observations
to develop a report that contains recommendations for school
improvement, which then becomes part of the Title I Unified Plan.
Year 4 - Corrective Action: A school that does not make AYP for four
consecutive years in the same content area is identified as a school in
corrective action. The Title I school must continue to offer intradistrict
school choice and SES, notify parents of the school’s status, revise its
school improvement plan (Title I Unified Plan), and receive technical
assistance from the district and the NJDOE.
The district must take at least one of the following corrective actions:
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1.
Provide, for all relevant staff, appropriate, scientifically researchbased professional development that is likely to improve academic
achievement of low-performing pupils.
2.
Institute a new curriculum grounded in scientifically-based
research and provide appropriate professional development to
support its implementation.
3.
Extend the length of the school year or school day.
4.
Replace the school staff who are deemed relevant to the school not
making adequate progress.
5.
Significantly decrease management authority at the school.
6.
Restructure the internal organization of the school.
7.
Appoint one or more outside experts to advise the school how to
revise and strengthen the improvement plan it created while in
school improvement status and how to address the specific issues
underlying the school’s continued inability to make AYP.
Year 5 - Planning for Restructuring: A Title I school that does not make
AYP for five consecutive years in the same content area must plan to
restructure. The restructuring plan is implemented at the beginning of the
following school year if the school continues to miss AYP benchmarks
and moves to Year 6. During the planning year, the Title I school must
continue to offer intradistrict school choice and SES, notify parents of the
school’s status and invite parent input during the restructuring process,
and receive technical assistance from the district and the NJDOE. The
technical assistance design for a school being restructured emphasizes the
following:
1.
The importance of improving instruction by using strategies
grounded in scientifically-based research so that all children in the
school achieve proficiency in the core academic subjects of
language arts and mathematics.
2.
The importance of analyzing and applying data in decisionmaking.
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The restructuring plan must include one of the following alternative
governance systems for the school as outlined by NCLB regulations and
consistent with New Jersey practice and statutes:
1.
Implement any major restructuring of the school’s governance that
is consistent with the principles of restructuring as set forth in the
No Child Left Behind Act.
2.
Re-open the school as a public charter school as defined by State
statute and regulation (N.J.S.A. 18A:36A-1 et seq. and N.J.A.C.
6A).
3.
Replace all or most of the school staff, which may include the
Principal, who are relevant to the school’s inability to make
adequate progress (consistent with existing contractual provisions
and applicable statutory protections in Title 18A).
Year 6 – Restructuring-1: A Title I school that does not make AYP for six
consecutive years in the same content area must implement the approved
restructuring plan. The Title I school must continue to offer intradistrict
school choice and SES, notify parents of the school’s status and invite
parent input and support during the implementation process, and receive
technical assistance from the district and the NJDOE. Technical
assistance is critical to help school staff remain focused on increasing
pupil achievement while the school is adjusting to potentially radical
changes in its administration and governance structures. A CAPA visit
will occur at the school to determine the fidelity of implementation of the
restructuring plans and to review the governance structure of the school.
Year 7 (and over) – Restructuring-2 (and over): If the school has not
made AYP for seven or more consecutive years, the NJDOE will meet
with school and district administrators to continually review
implementation of the restructuring plan/Title I Unified Plan. Benchmark
meetings with NJDOE staff, the school, and the district will occur twice a
year to assess and support implementation of the school improvement
plan.
Removal from Early Warning/Improvement Status: To be removed from
early warning or improvement status, the school must make AYP for two
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consecutive years in the content area that caused the school to go into
status, providing the school makes AYP in the other content areas. The
first year of making AYP is a “hold year” and the school does not progress
to the next sanction level, but must continue to implement current
interventions. If the school does not make AYP the year following “hold,”
the school goes back into improvement status at the level prior to the hold
year.
No Child Left Behind Act of 2001, §1111
Adopted: June 2013
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BILINGUAL AND ESL EDUCATION (M)
M
2423 BILINGUAL AND ESL EDUCATION
The Board of Education will provide programs of bilingual education, English as
a second language (ESL), and English language services for pupils of Limited
English Proficiency (LEP) as required by law and rules of the State Board of
Education. Pupils of LEP are those pupils whose native language is other than
English and who have sufficient difficulty speaking, reading, writing, or
understanding the English language as measured by an English language
proficiency test, so as to be denied the opportunity to learn successfully in the
classrooms where the language of instruction is English.
Identification of LEP Pupils
The Board will conduct a screening process to determine the native language of
each pupil at the time of enrollment in the school district. A census shall be
maintained of all pupils whose native language is other than English. The English
language proficiency of each pupil whose native language is not English shall be
determined by a screening process that includes the administration of a New
Jersey Department of Education approved English language proficiency test, an
assessment of the pupil's level of reading in English, a review of the pupil's
previous academic performance, results of standardized tests in English, and a
review of the input of teaching staff members responsible for the educational
program of the limited English proficient pupils.
Program Implementation
The district shall provide the following programs:
1.
An English language services program whenever there are one or
more, but fewer than ten LEP pupils enrolled within the schools of
the district. English language services shall be in addition to the
regular school program;
2.
An ESL program whenever there are ten or more LEP pupils
enrolled within the schools of the district; and
3.
A bilingual program whenever there are twenty or more LEP
pupils in any one-language classification. Where the age range,
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grade span, and/or geographical location of eligible pupils makes a
full-time bilingual program impractical, the Board may offer an
instructional program alternative, provided that program has been
approved or a waiver for the alternative program has been
requested and approval has been granted by the Department of
Education. The Board may establish a program in bilingual
education for any language classification with fewer than twenty
pupils.
All teachers in these programs shall be appropriately certified in accordance with
the requirements as outlined in N.J.A.C. 6A:15-1.9. Every pupil participating in a
bilingual, ESL, or English language services program shall be entitled to continue
such participation for a period of three years.
Bilingual, ESL, and English Language Services Program Enrollment, Assessment,
Exit, and Re-entry
Pupils enrolled in a bilingual, ESL, or English language services program shall be
assessed annually with a New Jersey Department of Education approved English
language proficiency test to determine their progress in achieving English
language proficiency goals and readiness for exiting the program. LEP pupils
enrolled in a bilingual, ESL, or English language services program shall be placed
in a monolingual English Program when they have demonstrated readiness to
function successfully in the English-only program. This process shall be initiated
by the pupil’s level of English proficiency as measured by a New Jersey
Department of Education established standard on an English language proficiency
test, and the readiness of the pupil shall be further assessed on the basis of
multiple indicators which shall, at a minimum, include classroom performance,
the pupil’s reading level in English, the judgment of the teaching staff member or
members responsible for the education program of the pupil, and performance on
achievement tests in English.
In accordance with provisions of N.J.S.A. 18A:35-22.1, a parent(s) or legal
guardian(s) may remove a pupil who is enrolled in a bilingual education program
at any time; except that during the first three years of a pupil’s participation in a
bilingual education program, parent(s) or legal guardian(s) may only remove the
pupil at the end of each school year. If during the first three years of a pupil’s
participation in a bilingual education program, a parent(s) or legal guardian(s)
wishes to remove the pupil prior to the end of each school year, the removal must
be approved by the Executive County Superintendent of Schools. The parent(s)
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or legal guardian(s) may appeal the Executive County Superintendent’s decision
to the Commissioner of Education.
Newly exited pupils who are not progressing in the mainstream English program
may be considered for re-entry to bilingual and ESL programs in accordance with
the provisions of N.J.A.C. 6A:15-1.10(e)1 through (e)5.
When the exit review process is completed, the pupil's parent(s) or legal
guardian(s) shall be informed by mail of the placement determination. A
parent(s) or legal guardian(s), or teaching staff member who disagrees with the
proposed placement may appeal the decision in writing to the Assistant
Superintendent of Curriculum and Instruction, who will provide a written
explanation for the decision within 15 working days. The complainant may
appeal this decision in writing to the Board. The Board will review the appeal
and respond in writing within forty-five calendar days. A complainant not
satisfied with the Board's explanation may appeal to the Commissioner of
Education.
The parent(s) or legal guardian(s) of a pupil of limited English proficiency will be
notified in accordance with the provisions of N.J.A.C. 6A:15-1.13 that their child
has been identified as eligible for enrollment in a bilingual, ESL or English
language services program. Notice shall be in writing, in the language of which
the child of the parents so notified possesses a primary speaking ability, and in
English. The notice must also include the information that the parents have the
option of declining enrollment if they so chose.
The district will notify the parent(s) or legal guardian(s) of the LEP pupil by mail no
later than thirty days after the beginning of the school year that their child has
been identified as eligible for enrollment in a bilingual, ESL, or English language
services program. If the pupil has not been identified as LEP prior to the
beginning of the school year, then the parent(s) or legal guardian(s) must be
notified within two weeks of the pupil’s placement in a bilingual, ESL, or English
language services program.
Parent(s) or legal guardian(s) shall receive progress reports in the same manner
and frequency as those sent to parents or legal guardians of other pupils.
Parent(s) or legal guardian(s) of pupils of limited English proficiency will be
offered opportunities for involvement in the development and review of program
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objectives. An advisory committee on bilingual education shall be formed with
the majority being parent(s) or legal guardian(s) of pupils of limited English
proficiency.
Graduation
Pupils of limited English proficiency will qualify for graduation from high school
in accordance with N.J.A.C. 6A:8-5.1(a) and Policy No. 5460.
Program Plan
The Superintendent shall prepare and submit a plan for a bilingual, ESL, or
English language services program every three years to the Board and the New
Jersey Department of Education for approval in accordance with the provisions of
N.J.A.C. 6A:15-1.6.
N.J.S.A. 18A:35-15 through 18A:35-25
N.J.A.C. 6A:15-1.1 et seq.
Adopted: June 2013
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M
R 2423 BILINGUAL AND ESL EDUCATION
A.
Definitions
1.
"Bilingual education program" means a full-time program of
instruction in all those courses or subjects which a child is required
by law or rule to receive, given in the native language of the
limited English proficient pupils enrolled in the program and also
in English; in the aural comprehension, speaking, reading, and
writing of the native language of the limited English proficient
pupils enrolled in the programs, in the aural comprehension,
speaking, reading, and writing of English; and in the history and
culture of the country, territory, or geographic area which is the
native land of the parents of limited English proficient pupils
enrolled in the program, and in the history and culture of the
United States. All pupils in bilingual education programs receive
English as a second language instruction.
2.
"Bilingual part-time component" means a program alternative in
which pupils are assigned to mainstream English program classes,
but are scheduled daily for their developmental reading and
mathematics instruction with a certified bilingual teacher.
3.
"Bilingual resource program" means a program alternative in
which pupils receive daily instruction from a certified bilingual
teacher in identified subjects and with specific assignments on an
individual pupil basis.
4.
"Bilingual tutorial program" means a program alternative in which
pupils are provided one period of instruction from a certified
bilingual teacher in a content area required for graduation and a
second period of tutoring in other required content areas.
5.
"Dual language bilingual education program" means a full-time
program of instruction in elementary and secondary schools which
provide structured English language instruction and instruction in a
second language in all content areas for LEP pupils and for native
English speaking pupils enrolled in the program.
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6.
"Educational needs" means the particular educational requirements
of pupils of limited English proficiency, the fulfillment of which
will provide them with equal educational opportunities.
7.
"English as a second language (ESL) program" means a daily
developmental second language program of up to two periods of
instruction based on pupil language proficiency which teaches
aural comprehension, speaking, reading, and writing in English
using second language teaching techniques, and incorporates the
cultural aspects of the pupil’s experiences in their ESL instruction.
A period is the time allocated in the school schedule for instruction
in core subjects.
8.
"English language fluency" means the ability to speak the language
with sufficient structural accuracy; use vocabulary to participate
effectively in most formal and informal conversations on practical,
social, and school topics; read material for information; and
complete forms and write essays and reports on familiar topics.
Language fluency is not the same as language proficiency, which
is the full command of language skills.
9.
"English language proficiency test" means a test which measures
English language skills in the areas of aural comprehension,
speaking, reading, and writing.
10.
"English language services" means services designed to improve
the English language skills of pupils of limited English
proficiency. These services, provided in school districts with less
than ten pupils of limited English proficiency, are in addition to the
regular school program and have as their goal the development of
aural comprehension, speaking, reading, and writing skills in
English.
11.
"ESL standards for Pre-Kindergarten through grade twelve pupils"
means the WIDA English Language Proficiency Standards for
English Language Learners in Pre-Kindergarten through Grade
Twelve, 2007 edition, developed by the World-Class Instructional
Design and Assessment (WIDA) Consortium. These are the
standards and language competencies limited English proficient
pupils in Pre-Kindergarten programs and elementary and
secondary schools need to become fully proficient in English and
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to have unrestricted access to grade-appropriate instruction in
challenging academic subjects.
12.
"Exit criteria" means the criteria which must be applied before a
pupil may be exited from a bilingual, ESL, or English language
services education program.
13.
"High-intensity ESL program" means a program alternative in
which pupils receive two or more class periods a day of ESL
instruction. One period is the standard ESL class and the other
period is a tutorial or ESL reading class.
14.
"Instructional program alternative" means a part-time program of
instruction that may be established by a Board of Education in
consultation with and approval of the New Jersey Department of
Education. All pupils in an instructional program alternative
receive English as a second language.
15.
"Limited English proficient (LEP) pupils" means pupils from PreKindergarten through grade twelve whose native language is other
than English and who have sufficient difficulty speaking, reading,
writing, or understanding the English language as measured by an
English language proficiency test, so as to be denied the
opportunity to learn successfully in the classrooms where the
language of instruction is English. This term means the same as
limited English speaking ability, the term used in N.J.S.A. 18A:3515 to 26.
16.
"Native language" means the language first acquired by the pupil,
the language most often spoken by the pupil, or the language most
often spoken in the pupil's home, regardless of the language
spoken by the pupil.
17.
"Parent(s)" means the natural parent(s) or the legal guardian(s),
foster parent(s), surrogate parent(s), or person acting in the place of
a parent with whom the pupil legally resides. Where parents are
separated or divorced, parent means the person(s) who has legal
custody of the pupil, provided such parental rights have not been
terminated by a court of appropriate jurisdiction.
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B.
18.
"Review process" is the process established by the Board of
Education to assess limited English proficient pupils for exit from
a bilingual, ESL, or English language services program.
19.
"Sheltered English instruction" is an instructional approach used to
make academic instruction in English understandable to LEP
pupils. Sheltered English classes are taught by regular classroom
teachers who have received training on strategies to make subject
area content comprehensible for LEP pupils.
Identification of Eligible Limited English Proficient (LEP) Pupils
1.
The Assistant Superintendent of Curriculum and Instruction or
designee will determine the native language of each LEP pupil at
the time of enrollment of the pupil in the school district. The
Assistant Superintendent of Curriculum and Instruction or
designee will:
a.
Maintain a census indicating all pupils identified whose
native language is other than English; and
b.
Report annually to the New Jersey Department of
Education as part of the Fall LEP Enrollment Summary, the
number of all LEP pupils whose native language is other
than English and, of that group, the number who are LEP
pupils.
2.
The Board approved screening process, initiated by a home
language survey, shall determine which pupils in Kindergarten to
grade twelve, of those whose native language is other than English,
must be tested to determine English language proficiency. The
screening shall be conducted by a bilingual/ESL or other certified
teacher and shall be designed to distinguish those pupils that are
proficient English speakers and need no further testing.
3.
The district shall determine the English language proficiency of all
Kindergarten to grade twelve pupils, who are not screened out,
whose native language is other than English by the administration
of a Department of Education approved English language
proficiency test assessing the level of reading in English, reviewing
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the previous academic performance of pupils as well as
standardized tests in English and reviewing the input of teaching
staff members responsible for the educational program for the
limited English proficient pupils. Pupils who do not meet the New
Jersey Department of Education standard on a Departmentapproved language proficiency test and who have at least one other
indicator, are pupils of limited English proficiency. The district
shall also use age-appropriate assessment methodologies to
identify limited English proficient preschool pupils in order to
determine their individual language development needs.
C.
Bilingual Programs for Limited English Proficient Pupils
1.
All Kindergarten through twelfth grade LEP pupils enrolled in the
district will receive required courses and support services outlined
in a. through g. below to prepare LEP pupils to meet the Core
Curriculum Content Standards for high school graduation. This
may include tutoring, after-school programs, summer programs,
and remedial services as needed by LEP pupils. The district shall
also provide appropriate instructional programs to eligible preschool LEP pupils based on need according to the New Jersey
Preschool Teaching and Learning Expectations: Standards of
Quality (2004). These standards are guidelines for good practice
and are intended for districts that provide preschool programs.
a.
English language services designed to improve English
language proficiency of LEP pupils whenever there are one
or more, but fewer than ten LEP pupils enrolled within the
schools of the district. English language services shall be
in addition to the regular school program.
b.
An ESL program that provides up to two periods of ESL
instruction based on pupil language proficiency whenever
there are ten or more LEP pupils enrolled within the
schools of the district.
(1)
The ESL curriculum that addresses the WIDA
English Language Proficiency Standards as
amended and supplemented shall be developed and
adopted by the Board to address the instructional
needs of LEP pupils.
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(2)
c.
The ESL curriculum will be cross-referenced to the
district’s bilingual education and content area
curricula to ensure that ESL instruction is correlated
to all the content areas being taught.
A bilingual education program will be established
whenever there are twenty or more limited English
proficient pupils in any one-language classification enrolled
in the district pursuant to N.J.S.A. 18A:35-18. The
bilingual education program shall:
(1)
Be designed to prepare LEP pupils to acquire
sufficient English skills and content knowledge to
meet the Core Curriculum Content Standards. All
LEP pupils participating in the bilingual program
will also receive ESL instruction;
(2)
Include a bilingual program curriculum that
addresses the Core Curriculum Content Standards,
the WIDA English Language Proficiency Standards,
and the use of two languages. The bilingual
education curriculum shall be adopted by the Board;
and
(3)
Include a full range of required courses and
activities offered on the same basis and under the
same rules that apply to all pupils within the district.
d.
LEP pupils will be provided equitable instructional
opportunities to participate in all non-academic courses
necessary to meet the Core Curriculum Standards,
including comprehensive health and physical education, the
visual and performing arts and career awareness programs.
These instructional opportunities shall be designed to assist
LEP pupils to fully comprehend all subject matter and
demonstrate their mastery of the content matter.
e.
The district shall offer sufficient courses and other relevant
supplemental instructional opportunities in grades nine
through twelve to enable LEP pupils to meet the Core
Curriculum Content Standards for graduation. When
sufficient numbers of pupils are not available to form a
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bilingual class in a subject area, plans shall be developed in
consultation with and approved by the New Jersey
Department of Education to meet the needs of the pupils.
2.
D.
f.
Additional programs and services shall be designed to meet
the special needs of eligible LEP pupils and will include,
but not be limited to: remedial instruction through Title I
programs; special education; school-to-work programs;
computer training; and gifted and talented education
services.
g.
The Board may establish dual language bilingual education
programs in the schools and may make provisions for the
coordination of instruction and services with the district’s
World Languages program. This program, if established by
the Board, shall also enroll pupils whose primary language
is English and shall be designed to help pupils achieve
proficiency in English and in a second language while
mastering subject matter skills. Instruction shall, to the
extent necessary, be in all courses or subjects of study
allowing pupils to meet all grade promotion and graduation
standards. Where possible, these classes will be comprised
of approximately equal numbers of pupils of limited
English proficiency and of pupils whose native language is
English.
The Board may establish a program in bilingual education for any
language classification with fewer than twenty pupils.
Waiver Process
The school district may request a waiver from establishing a bilingual
education program, pursuant to N.J.S.A. 18A:35-18, to establish an
instructional program alternative on an annual basis with the approval of
the Department of Education when there are twenty or more pupils
eligible for the bilingual education program in Kindergarten through grade
twelve, and the district is able to demonstrate that due to age range, grade
span, and/or geographic location of eligible pupils, it would be impractical
to provide a full-time bilingual program.
1.
Any instructional program alternatives shall be developed in
consultation with and approved annually by the Department of
Education after review of pupil enrollment and achievement data.
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All bilingual instructional program alternatives shall be designed to
assist LEP pupils to develop sufficient English skills and subject
matter skills to meet the Core Curriculum Content Standards.
E.
2.
The instructional program alternatives to be established shall
include, but are not limited to: bilingual part-time component,
bilingual resource program, bilingual tutorial program, sheltered
English instruction program, and high-intensity ESL program.
3.
In the event the district implements program alternatives, the
district shall annually submit pupil enrollment and achievement
data that demonstrate the continued need for these programs.
Department of Education Approval of Bilingual, ESL, or English
Language Services Programs
1.
2.
The school district’s bilingual, ESL, or English language services
program plans shall be submitted to the New Jersey Department of
Education every three years for approval. The plans will include
the following information:
a.
Identification of pupils;
b.
Program description;
c.
Number of certified staff hired for the program;
d.
Bilingual and ESL curriculum development;
e.
Evaluation design;
f.
Review process for exit; and
g.
A budget for bilingual and ESL programs and/or English
language services programs. The budget must indicate how
the bilingual categorical aid funds are directly related to the
bilingual/ESL program instructional services and materials.
The district shall annually submit data on the number of LEP
pupils served, exit data for the LEP pupils enrolled in the district,
and data on the number of immigrant pupils enrolled in the district.
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F.
3.
The district’s bilingual/ESL programs will be monitored and
evaluated by the New Jersey Department of Education.
4.
A school that fails to make progress in meeting the New Jersey
Department of Education’s annual measurable achievement
objectives, must separately inform the parent(s) or legal
guardian(s) of an LEP pupil of the school’s failure no later than
thirty days after the failure occurs.
Supportive Services
Pupils enrolled in bilingual, ESL, or English language services programs
shall have full access to educational services available to other pupils in
the district. To the extent that it is administratively feasible, supportive
services to LEP pupils, such as counseling, tutoring, and career guidance,
should be provided by bilingual personnel who are familiar with and
knowledgeable of the unique needs and background of LEP pupils and
their parents.
G.
H.
In-service Training
1.
In-service training will be provided for bilingual, ESL, and
mainstream teachers based on their needs and to include
instructional strategies to help LEP pupils meet the Core
Curriculum Content Standards and the WIDA English Language
Proficiency Standards. All ESL and bilingual teachers will receive
training in the use of the ESL curriculum.
2.
The Professional Development Plan of the district shall include the
needs of bilingual and ESL teachers that shall be addressed
through in-service training.
Certification of Staff
All teachers in these programs will hold the following certifications:
1.
Bilingual Classes - a valid New Jersey instructional certificate with
an endorsement for the appropriate grade level and/or content area,
as well as an endorsement in bilingual education.
2.
ESL Classes - a valid New Jersey instructional certificate in
English as a second language.
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3.
I.
English Language Services - a valid New Jersey instructional
certificate.
Bilingual, ESL, and English Language Services Program Enrollment,
Assessment, Exit and Re-entry
1.
All LEP pupils from Kindergarten through twelfth grade shall be
enrolled in the bilingual, ESL, or English language services
program.
2.
Pupils enrolled in a bilingual, ESL, or English language services
program shall be assessed annually with a Department of
Education approved English language proficiency test to determine
their progress in achieving English language proficiency goals and
readiness for exiting the program.
3.
LEP pupils enrolled in one of these programs shall be placed in a
monolingual English program when they have demonstrated
readiness to function successfully in an English only program.
This process shall be initiated by the pupil’s level of English
proficiency as measured by a Department of Education established
standard on an English language proficiency test, and the readiness
of the pupil shall be further assessed on the basis of multiple
indicators which shall, at a minimum, include classroom
performance, the pupil’s reading level in English, the judgment of
the teaching staff member or members responsible for the
educational program of the pupil, and performance on achievement
tests in English according to P.L. 1991, c.12.
4.
A parent(s) or legal guardian(s) may remove a pupil who is
enrolled in a bilingual education program pursuant to provisions in
N.J.S.A. 18A:35-22.1.
5.
Pupils enrolled in a bilingual, ESL, or English language services
program shall be assessed annually to determine their progress in
achieving English language proficiency goals and readiness for
exiting the program.
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6.
7.
Newly exited pupils who are not progressing in the mainstream
English program may be considered for reentry to bilingual and
ESL programs as follows:
a.
After a minimum of one-half of an academic year and
within two years of exit, the mainstream English classroom
teacher, with the approval of the Building Principal, may
recommend retesting.
b.
A waiver of the minimum time limitation may be approved
by the Executive County Superintendent upon request of
the Superintendent if the pupil is experiencing extreme
difficulty in adjusting to the mainstream program.
c.
The recommendation for retesting will be based on the
teacher’s judgment that the pupil is experiencing
difficulties due to problems in using English as evidenced
by the pupil’s inability to: communicate effectively with
peers and adults; understand directions given by the
teacher; and/or comprehend basic verbal and written
materials.
d.
The pupil shall be tested using a different form of the test
or a different language proficiency test than the one used to
exit the pupils.
e.
If the pupil scores below the State established standard on
the language proficiency test, the pupil shall be re-enrolled
into the bilingual or ESL program.
When the review process for exiting a pupil from a bilingual, ESL,
or English language services program has been completed, the
pupil’s parent(s) or legal guardian(s) shall be informed by mail of
the determination of placement. If the parent(s), legal guardian(s)
or teaching staff member disagrees with the placement, he/she may
appeal the decision in writing to the Assistant Superintendent of
Curriculum and Instruction or designee, who will provide a written
explanation for the decision within 15 working days. The
complainant may appeal this decision in writing to the Board. The
Board will review the appeal and respond in writing within fortyfive calendar days. Upon exhausting an appeal to the Board, the
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complainant may appeal to the Commissioner of Education
pursuant to N.J.S.A. 18A:6-9 and N.J.A.C. 6A:3.
J.
Graduation Requirements for Limited English Proficient Pupils
All LEP pupils must satisfy requirements for high school graduation
according to N.J.A.C. 6A:8-5.1(a).
K.
Location of Programs
All bilingual, ESL, and English language services programs shall be
conducted within classrooms approved by the Executive County
Superintendent of Schools within the regular school buildings of the
district per N.J.S.A. 18A:35-20.
L.
Notification to Parents/Legal Guardians
1.
The district will notify the parent(s) or legal guardian(s) of the LEP
pupil by mail no later than thirty days after the beginning of the
school year that their child has been identified as eligible for
enrollment in a bilingual, ESL, or English language services
program. The parent(s) or legal guardian(s) must be notified
within two weeks of the pupil’s placement in a bilingual, ESL, or
English language services program, if the pupil has not been
identified as a LEP pupil prior to the beginning of the school year.
a.
The notice shall inform the parent(s) or legal guardian(s)
why the pupil was identified as LEP and why the pupil
needs to be placed in a bilingual, ESL, or English language
services program;
b.
The notice will include the pupil’s level of English
proficiency, how such level was assessed, and the pupil’s
academic level;
c.
The notice will include the method of instruction that will
be used to serve the pupil, including a description of other
methods of instruction available and how those methods
differ in content, instructional goals, and the use of English
and a native language, if applicable;
REGULATION
BOARD OF EDUCATION
PROGRAM
R 2423/Page 13 of 15
2.
d.
The notice will inform the parent(s) or legal guardian(s)
how the program will meet the specific needs of the pupil
in attaining English and meeting State standards;
e.
The notice will include the exit requirements, the expected
rate of transition into a classroom not tailored for LEP
pupils, and in the case of high school pupils, the expected
rate of graduation;
f.
how the instructional program will meet the objectives of
an individual education program of a pupil with a
disability;
g.
The notice will include written guidance on the rights that
parents have to remove their child from a bilingual, ESL, or
English language services program upon their request, in
accordance with N.J.A.C. 6A:15-1.13, or to chose another
program or method of instruction, if available, and how the
parent(s) or legal guardian(s) will be provided assistance in
selecting the best program to serve their child;
h.
they have the option of declining enrollment if they choose
by providing notice to the district no later than ten days
after receiving the eligibility notice.;
i.
The notice shall be in writing and in the language of which
the child of the parent(s) or legal guardian(s) so notified
possesses a primary speaking ability, and in English.; and
j.
Whenever the district determines, on the basis of a pupil’s
level of English proficiency, that a pupil should exit from a
program of bilingual education, the district shall notify the
parent(s) or legal guardian(s) of the pupil by mail.
The parent(s) or legal guardian(s) of pupils enrolled in a bilingual,
ESL, or English language services program shall receive progress
reports in the same manner and frequency as progress reports are
REGULATION
BOARD OF EDUCATION
PROGRAM
R 2423/Page 14 of 15
sent to parent(s) and legal guardian(s) of other pupils enrolled in
the school district.
M.
3.
Progress reports shall be written in English and in the native
language of the parent(s) or legal guardian(s) of pupils enrolled in
the bilingual or ESL program unless it can be demonstrated and
documented in the three-year plan that this requirement would
place an unreasonable burden on the district.
4.
The district shall notify the parent(s) or legal guardian(s) when
pupils meet the exit criteria and are placed in a monolingual
English program. The notice shall be in English and in the
language in which the parent(s) or legal guardian(s) possesses a
primary speaking ability.
Joint Programs
The school district may join with any other school districts, with the
approval of the Executive County Superintendent of Schools, on a caseby-case basis to provide bilingual, ESL, or English language services
programs.
N.
1.
The Assistant Superintendent of Curriculum and Instruction or
desginee will provide for maximum practicable involvement of
parent(s) or legal guardian(s) of LEP pupils in the development
and review of program objectives and dissemination of information
to and from the Boards of Education and communities served by
the bilingual, ESL, or English language services education
program.
2.
A parent(s) or legal guardian(s) will be informed on how they can
become involved in the education of their child and how they can
actively participate in helping their child learn English, achieve at
high levels in the core academic subjects, and meet State standards.
32.
A district that implements a bilingual education program shall
establish a parent advisory committee on bilingual education on
REGULATION
BOARD OF EDUCATION
PROGRAM
R 2423/Page 15 of 15
which the majority will be parents or legal guardians of pupils of
limited English proficiency.
Issued: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
TEACHING STAFF MEMBERS
3125.2/Page 1 of 2
EMPLOYMENT OF SUBSTITUTE TEACHERS
3125.2 EMPLOYMENT OF SUBSTITUTE TEACHERS
The Board of Education will employ substitutes in order to ensure continuity in
the instructional program and will approve a list of substitutes on an annual basis
and additional approved substitutes will be added to the approved list throughout
the school year. Substitute teachers will be employed from the substitute list
recommended by the Superintendent and approved by the Board. The Board shall
also approve the substitute rate of pay.
All substitute teachers must possess a substitute credential issued by the New
Jersey State Board of Examiners in accordance with the provisions of N.J.A.C.
6A:9-6.5. All substitute teachers are required to undergo a criminal history record
check in accordance with the provisions of N.J.S.A. 18A:6-7.1 et seq. and New
Jersey Department of Education regulations and procedures for criminal history
record checks. In accordance with the provisions of N.J.S.A. 18A-6-7.1b., a
substitute teacher who is rehired annually by the Board shall only be required to
undergo a criminal history record check as required by N.J.S.A. 18A:6-7.1 et. seq.
upon initial employment, provided the substitute continues in the employ of at
least one of the districts at which the substitute was employed within one year of
the approval of the criminal history record check.
A substitute teacher shall follow the daily lesson plan provided by the regular
teacher and, when that plan is exhausted or unavailable, the instructions of the
Principal. A substitute teacher may not plan or direct an instructional program
except as expressly permitted by the Superintendent.
In accordance with the provisions of N.J.S.A. 18A:16-1.1b., a vacant teaching
position shall not be filled in any school year by one or more individuals
employed as substitute teachers and holding a certificate of eligibility or a
certificate of eligibility with advanced standing issued by the New Jersey State
Board of Examiners and working in an area authorized by their credentials for a
total amount of time exceeding sixty school days. The Executive County
Superintendent of Schools may grant an extension upon written application from
the school district demonstrating the district's inability to hire an appropriately
certified teacher for the vacant position within the original sixty-day time limit.
In the event that one individual employed pursuant to this provision is employed
in the same position for more than sixty days, the substitute shall be compensated
by the school district on a pro-rata basis consistent with the salary provided to a
teacher with similar credentials in the school district.
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
TEACHING STAFF MEMBERS
3125.2/Page 2 of 2
EMPLOYMENT OF SUBSTITUTE TEACHERS
In accordance with the provisions of N.J.S.A. 18A16-1.1c., a vacant teaching
employed as substitute teachers and holding a certificate of eligibility or a
certificate of eligibility with advanced standing issued by the New Jersey State
Board of Examiners and working in an area not authorized by their credentials for
a total amount of time exceeding twenty school days. The Executive County
Superintendent of Schools may grant an extension of up to an additional twenty
days upon written application from the school district demonstrating the district's
inability to hire an appropriately certified teacher for the vacant position within
the original twenty-day time limit.
In accordance with the provisions of N.J.S.A. 18A:16-1.1d., a vacant teaching
employed as substitute teachers and holding a standard instructional certificate
issued by the New Jersey State Board of Examiners and working in an area not
authorized by their credentials for a total amount of time exceeding forty school
days.
In accordance with the provisions of N.J.S.A. 18A:16-1.1a., a vacant teaching
position shall not be filled in any school year by one or more individuals holding
a substitute credential issued by the New Jersey State Board of Education
pursuant to the provisions of N.J.S.A. 18A:6-38 for a total amount of time
exceeding twenty school days. The Commissioner of Education may grant an
extension of up to an additional twenty school days upon written application from
the school district demonstrating the district's inability to hire an appropriately
certified teacher for the vacant position within the original twenty-day time limit.
N.J.S.A. 18A:6-7.1 et seq.; 18A:16-1.1a.; 18A:16-1.1b.;
18A:16-1.1c.; 18A:16-1.1d.
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5350/Page 1 of 2
PUPIL SUICIDE PREVENTION
5350 PUPIL SUICIDE PREVENTION
The Board of Education recognizes that depression and self-destruction are
problems of increasing severity among children and adolescents. A pupil under
severe stress cannot benefit fully from the educational program and may pose a
threat to himself or herself or others.
The Board directs all school personnel to be alert to the pupil who exhibits
behavioral warning signs of potential self-destruction or who threatens or attempts
suicide. Any such signs or the report of such signs from another pupil or staff
member should be taken with the utmost seriousness and reported immediately to
the Building Principal, who shall notify the pupil’s parent(s) or legal guardian(s)
and other professional staff members in accordance with administrative
regulations.
A potentially suicidal pupil shall be referred to the school crisis team for
appropriate evaluation and/or recommendation for independent medical or
psychiatric services. In the event that the parent(s) or legal guardian(s) objects to
the recommended evaluation or indicates an unwillingness to cooperate in the best
interests of the pupil, the Child Study Team may contact the New Jersey Division
of Youth and Family Services to request that agency’s intervention on the pupil’s
behalf.
The Superintendent shall, in consultation with appropriate teaching staff members
and mental health organizations, develop and implement a stress reduction
program for pupils in grades Kindergarten through 12 to address the problem of
depression, help pupils toward alternative ways of resolving stressful situations,
and encourage pupils to help one another. Any such program will take into
consideration the importance of instructional time.
In accordance with the provisions of N.J.S.A. 18A:6-111 and 18A:6-112, as part
of the required professional development for teachers as outlined in N.J.A.C.
6A:9-15.1 et seq., every teaching staff member must complete at least two hours
of instruction in suicide prevention, to be provided by a licensed health care
professional with experience in mental health issues, in each professional
development period. The instruction in suicide preventionshall include
information on the relationship between the risk of suicide and incidents of
harassment, intimidation, and bullying and information on reducing the risk of
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5350/Page 2 of 2
PUPIL SUICIDE PREVENTION
suicide in pupils who are members of communities identified as having members
at high risk of suicide.
The Superintendent shall prepare and disseminate regulations for the guidance of
staff members in recognizing the pupil who contemplates suicide, in responding
to threatened or attempted suicide, and in preventing contagion when a pupil
commits suicide.
N.J.S.A. 18A:6-111; 18A:6-112
N.J.A.C. 6A:9-15.1 et seq.
Adopted: June 2013
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
PUPILS
5512/Page 1 of 22
HARRASSMENT, INTIMIDATION AND BULLYING
5512 HARASSMENT, INTIMIDATION, AND BULLYING
Table of Contents
SectionSection Title
A.
Policy Statement
B.
Harassment, Intimidation, and Bullying Definition
C.
Pupil Expectations
D.
Consequences and Appropriate Remedial Actions
E.
Harassment, Intimidation, and Bullying Off School Grounds
F.
Harassment, Intimidation, and Bullying Reporting Procedure
G.
Anti-Bullying Coordinator, Anti-Bullying Specialist and School Safety
Team(s)
H.
Harassment, Intimidation, and Bullying Investigation
I.
Range of Responses to an Incident of Harassment, Intimidation, and
Bullying
J.
Reprisal or Retaliation Prohibited
K.
Consequences and Appropriate Remedial Action for False Accusation
L.
Harassment, Intimidation, and Bullying Policy Publication and
Dissemination
M.
Harassment, Intimidation, and Bullying Training and Prevention
Programs
N.
Harassment, Intimidation,
Reassessment and Review
O.
Reports to Board of Education and New Jersey Department of
Education
P.
Reports to Law Enforcement
Q.
Collective Bargaining Agreements and Individual Contracts
R.
Pupils with Disabilities
A.
Policy Statement
and
Bullying
Policy
Reevaluation,
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 2 of 22
The Board of Education prohibits acts of harassment, intimidation, or
bullying of a pupil. A safe and civil environment in school is necessary
for pupils to learn and achieve high academic standards. Harassment,
intimidation, or bullying, like other disruptive or violent behaviors, is
conduct that disrupts both a pupil’s ability to learn and a school’s ability to
educate its pupils in a safe and disciplined environment. Since pupils
learn by example, school administrators, faculty, staff and volunteers
should be commended for demonstrating appropriate behavior, treating
others with civility and respect, and refusing to tolerate harassment,
intimidation, or bullying.
For the purposes of this Policy, the term "parent," pursuant to N.J.A.C.
6A:16-1.3, means the natural parent(s) or adoptive parent(s), legal
guardian(s), foster parent(s), or parent surrogate(s) of a pupil. Where
parents are separated or divorced, "parent" means the person or agency
which has legal custody of the pupil, as well as the natural or adoptive
parent(s) of the pupil, provided such parental rights have not been
terminated by a court of appropriate jurisdiction.
B.
Harassment, Intimidation, and Bullying Definition
“Harassment, intimidation, or bullying” means any gesture, any written,
verbal or physical act, or any electronic communication, as defined in
N.J.S.A. 18A:37-14, whether it be a single incident or a series of incidents
that:
1.
Is reasonably perceived as being motivated by either any actual or
perceived characteristic, such as race, color, religion, ancestry,
national origin, gender, sexual orientation, gender identity and
expression, or a mental, physical or sensory disability; or
2.
By any other distinguishing characteristic; and that
3.
Takes place on school property, at any school-sponsored function,
on a school bus, or off school grounds, as provided for in N.J.S.A.
18A:37-15.3, that substantially disrupts or interferes with the
orderly operation of the school or the rights of other pupils; and
that
4.
A reasonable person should know, under the circumstances, that
the act(s) will have the effect of physically or emotionally harming
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 3 of 22
a pupil or damaging the pupil’s property, or placing a pupil in
reasonable fear of physical or emotional harm to his/her person or
damage to his/her property; or
5.
Has the effect of insulting or demeaning any pupil or group of
pupils; or
6.
Creates a hostile educational environment for the pupil by
interfering with a pupil’s education or by severely or pervasively
causing physical or emotional harm to the pupil.
“Electronic communication” means a communication transmitted by
means of an electronic device, including, but not limited to, a telephone,
cellular phone, computer, or pager.
C.
Pupil Expectations
The Board expects pupils to conduct themselves in keeping with their
levels of development, maturity and demonstrated capabilities with proper
regard for the rights and welfare of other pupils and school staff, the
educational purpose underlying all school activities and the care of school
facilities and equipment consistent with the Code of Pupil Conduct.
The Board believes that standards for pupil behavior must be set
cooperatively through interaction among the pupils, parents, school
employees, school administrators, school volunteers, and community
representatives, producing an atmosphere that encourages pupils to grow
in self-discipline. The development of this atmosphere requires respect
for self and others, as well as for school district and community property
on the part of pupils, staff, and community members.
Pupils are expected to behave in a way that creates a supportive learning
environment. The Board believes the best discipline is self-imposed, and
it is the responsibility of staff to use instances of violations of the Code of
Pupil Conduct as opportunities to help pupils learn to assume and accept
responsibility for their behavior and the consequences of their behavior.
Staff members who interact with pupils shall apply best practices designed
to prevent pupil conduct problems and foster pupils’ abilities to grow in
self-discipline.
The Board expects that pupils will act in accordance with the pupil
behavioral expectations and standards regarding harassment, intimidation,
and bullying, including:
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 4 of 22
1.
Pupil responsibilities (e.g., requirements for pupils to conform to
reasonable standards of socially accepted behavior; respect the
person, property and rights of others; obey constituted authority;
and respond to those who hold that authority);
2.
Appropriate recognition for positive reinforcement for good
conduct, self-discipline, and good citizenship;
3.
Pupil rights; and
4.
Sanctions and due process for violations of the Code of Pupil
Conduct.
Pursuant to N.J.S.A. 18A:37-15(a) and N.J.A.C. 6A:16-7.1(a)1, the district
has involved a broad-base of school and community members, including
parents, pupils, instructional staff, pupil support services staff, school
administrators, and school volunteers, as well as community
organizations, such as faith-based, health and human service, business and
law enforcement, in the development of this Policy. Based on locally
determined and accepted core ethical values adopted by the Board,
pursuant to N.J.A.C. 6A:16-7.1(a)2, the Board must develop guidelines for
pupil conduct pursuant to N.J.A.C. 6A:16-7.1. These guidelines for pupil
conduct will take into consideration the developmental ages of pupils, the
severity of the offenses and pupils’ histories of inappropriate behaviors,
and the mission and physical facilities of the individual school(s) in the
district. This Policy requires all pupils in the district to adhere to the rules
established by the school district and to submit to the remedial and
consequential measures that are appropriately assigned for infractions of
these rules .
Pursuant to N.J.A.C. 6A:16-7.1, the Superintendent must annually provide
to pupils and their parents or guardians the rules of the district regarding
pupil conduct. Provisions shall be made for informing parents or
guardians whose primary language is other than English.
The district prohibits active or passive support for acts of harassment,
intimidation, or bullying. Pupils are encouraged to support other pupils
who:
1.
Walk away from acts of harassment, intimidation, and
bullying when they see them,;
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 5 of 22
D.
2.
Cconstructively attempt to stop acts of harassment,
intimidation, or bullying,;
3.
Provide support to pupils who have been subjected to
harassment, intimidation, or bullying; and
4.
Report acts of harassment, intimidation, and bullying to the
designated school staff member.
Consequences and Appropriate Remedial Actions
The Board of Education requires its school administrators to implement
procedures that ensure both the appropriate consequences and remedial
responses for pupils who commit one or more acts of harassment,
intimidation, or bullying, consistent with the Code of Pupil Conduct, and
the consequences and remedial responses for staff members who commit
one or more acts of harassment, intimidation, or bullying. The following
factors, at a minimum, shall be given full consideration by school
administrators in the implementation of appropriate consequences and
remedial measures for each act of harassment, intimidation, or bullying by
pupils. Appropriate consequences and remedial actions are those that are
graded according to the severity of the offense(s), consider the
developmental ages of the pupil offenders and pupils’ histories of
inappropriate behaviors, per the Code of Pupil Conduct and N.J.A.C.
6A:16-7.
Factors for Determining Consequences
1.
2.
3.
4.
5.
6.
7.
Age, developmental and maturity levels of the parties involved and
their relationship to the school district;
Degrees of harm;
Surrounding circumstances;
Nature and severity of the behavior(s);
Incidences of past or continuing patterns of behavior;
Relationships between the parties involved; and
Context in which the alleged incidents occurred.
Factors for Determining Remedial Measures
Personal
1.
2.
Life skill deficiencies;
Social relationships;
POLICY
MATAWAN ABERDEEN
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BOARD OF EDUCATION
PUPILS
5512/Page 6 of 22
3.
4.
5.
6.
7.
8.
9.
10.
11.
Strengths;
Talents;
Traits;
Interests;
Hobbies;
Extra-curricular activities;
Classroom participation;
Academic performance.; and
Relationship to pupils and the school district.
Environmental
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
School culture;
School climate;
Pupil-staff relationships and staff behavior toward the pupil;
General staff management of classrooms or other educational
environments;
Staff ability to prevent and manage difficult or inflammatory
situations;
Social-emotional and behavioral supports;
Social relationships;
Community activities;
Neighborhood situation; and
Family situation.
Consequences and appropriate remedial action for a pupils or staff
member who commits one or more acts of harassment, intimidation, or
bullying may range from positive behavioral interventions up to and
including suspension or expulsion of pupils, as set forth in the Board’s
approved Code of Pupil Conduct pursuant to N.J.A.C. 6A:16-7.1.
Consequences for a pupil who commits an act of harassment, intimidation,
or bullying shall be varied and graded according to the nature of the
behavior, the developmental age of the pupil and the pupil’s history of
problem behaviors and performance, and must be consistent with the
Board’s approved Code of Pupil Conduct and N.J.A.C. 6A:16-7, Student
Conduct. Remedial measures shall be designed to correct the problem
behavior, prevent another occurrence of the problem, protect and provide
support for the victim of the act, and take corrective action for
documented systemic problems related to harassment, intimidation, or
bullying. The consequences and remedial measures may include, but are
not limited to, the examples listed below:
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 7 of 22
Examples of Consequences
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
Admonishment;
Temporary removal from the classroom;
Deprivation of privileges;
Classroom or administrative detention;
Referral to disciplinarian;
In-school suspension during the school week or the weekend;
After-school programs;
Out-of-school suspension (short-term or long-term);
Reports to law enforcement or other legal action;
Expulsion.; and
Bans from providing services, participating in school-districtsponsored programs, or being in school buildings or on school
grounds.
Examples of Remedial Measures - Personal
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Restitution and restoration;
Peer support group;
Recommendations of a pupil behavior or ethics council;
Corrective instruction or other relevant learning or service
experience;
Supportive pupil interventions, including participation of the
Intervention and Referral Services Team, pursuant to N.J.A.C.
6A:16-8;
Behavioral assessment or evaluation, including, but not limited to,
a referral to the Child Study Team, as appropriate;
Behavioral management plan, with benchmarks that are closely
monitored;
Assignment of leadership responsibilities (e.g., hallway or bus
monitor);
Involvement of school disciplinarian;
Pupil counseling;
Parent conferences;
Alternative placements (e.g., alternative education programs);
Pupil treatment; or
Pupil therapy.
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 8 of 22
Examples of Remedial Measures – Environmental (Classroom, School
Building or School District)
1.
2.
3.
4.
5.
6.
7.
8.
9.
910.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
School and community surveys or other strategies for determining
the conditions contributing to harassment, intimidation, or
bullying;
School culture change;
School climate improvement;
Adoption of research-based, systemic bullying prevention
programs;
School policy and procedures revisions;
Modifications of schedules;
Adjustments in hallway traffic;
Modifications in pupil routes or patterns traveling to and from
school;
Supervision of pupil before and after school, including school
transportation;
Targeted use of monitors (e.g., hallway, cafeteria, locker room,
playground, school perimeter, bus);
Teacher aides;
Small or large group presentations for fully addressing the
behaviors and the responses to the behaviors;
General professional development programs for certificated and
non-certificated staff;
Professional development plans for involved staff;
Disciplinary action for school staff who contributed to the
problem;
Supportive institutional interventions, including participation of
the Intervention and Referral Services Team, pursuant to N.J.A.C.
6A:16-8;
Parent conferences;
Family counseling;
Involvement of parent-teacher organizations;
Involvement of community-based organizations;
Development of a general bullying response plan;
Recommendations of a pupil behavior or ethics council;
Peer support groups;
Alternative placements (e.g., alternative education programs);
School transfers; and
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 9 of 22
26.
Law enforcement (e.g., safe schools resource officer, juvenile
officer) involvement or other legal action.
N.J.A.C. 6A:16-7.9(a)2.vi requires appropriate consequences and remedial
actions for any staff member who commits an act of harassment,
intimidation, or bullying of a pupil. The consequences may include, but
not be limited to, verbal or written reprimand, increment withholding,
legal action, disciplinary action, and/or termination. Remedial measures
may include, but not be limited to, in or out-of-school counseling,
professional development programs, and work environment modifications.
E.
Harassment, Intimidation, and Bullying Off School Grounds
This Policy and the Code of Pupil Conduct shall apply to instances when a
school employee is made aware of alleged harassment, intimidation, or
bullying occurring off school grounds when:
F.
1.
The alleged harassment, intimidation, or bullying has substantially
disrupted or interfered with the orderly operation of the school or
the rights of other pupils; and either
2.
A reasonable person should know, under the circumstances, that
the alleged behavior will have the effect of physically or
emotionally harming a pupil or damaging the pupil’s property, or
placing a pupil in reasonable fear of physical or emotional harm to
his/her person or damage to his/her property; or
3.
The alleged behavior has the effect of insulting or demeaning any
pupil or group of pupils; or
4.
The alleged behavior creates a hostile educational environment for
the pupil by interfering with a pupil’s education or by severely or
pervasively causing physical or emotional harm to the pupil.
Harassment, Intimidation, and Bullying Reporting Procedure
The Board of Education requires the Principal at each school to be
responsible for receiving complaints alleging violations of this Policy. All
Board members, school employees, and volunteers and contracted service
providers who have contact with pupils are required to verbally report
alleged violations of this Policy to the Principal or the Principal’s designee
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5512/Page 10 of 22
on the same day when the individual witnessed or received reliable
information regarding any such incident. All Board members, school
employees, and volunteers and contracted service providers who have
contact with pupils, also shall submit a report in writing to the Principal
within two school days of the verbal report. The Principal will inform the
parents of all pupils involved in alleged incidents, and, as appropriate, may
discuss the availability of counseling and other intervention services. The
Principal, upon receiving a verbal or written report, may take interim
measures to ensure the safety, health, and welfare of all parties pending
the findings of the investigation.
Pupils, parents, and visitors are encouraged to report alleged violations of
this Policy to the Principal on the same day when the individual witnessed
or received reliable information regarding any such incident. Pupils,
parents, and visitors may report an act of harassment, intimidation, or
bullying anonymously,. Formal action for violations of the Code of Pupil
Conduct may not be taken solely on the basis of an anonymous report.
A Board member or school employee who promptly reports an incident of
harassment, intimidation, or bullying , and who makes this report in
compliance with the procedures set forth in this Policy, is immune from a
cause of action for damages arising from any failure to remedy the
reported incident.
In accordance with the provisions of N.J.S.A. 18A:37-18, the harassment,
intimidation, and bullying law does not prevent a victim from seeking
redress under any other available law, either civil or criminal, nor does it
create or alter any tort liability.
The district may consider every mechanism available to simplify
reporting, including standard reporting forms and/or web-based reporting
mechanisms. For anonymous reporting, the district may consider locked
boxes located in areas of a school where reports can be submitted without
fear of being observed.
A school administrator who receives a report of harassment, intimidation,
and bullying from a district employee, and fails to initiate or conduct an
investigation, or who should have known of an incident of harassment,
intimidation, or bullying and fails to take sufficient action to minimize or
eliminate the harassment, intimidation, or bullying, may be subject to
disciplinary action.
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G.
Anti-Bullying Coordinator, Anti-Bullying Specialist and School Safety
Team(s)
1.
The Superintendent shall appoint a district Anti-Bullying
Coordinator. The Superintendent shall make every effort to
appoint an employee of the school district to this position.
The district Anti-Bullying Coordinator shall:
2.
a.
Be responsible for coordinating and strengthening the
school district's policies to prevent, identify, and address
harassment, intimidation, or bullying of pupils;
b.
Collaborate with school Anti-Bullying Specialists in the
district, the Board of Education, and the Superintendent to
prevent, identify, and respond to harassment, intimidation,
or bullying of pupils in the district;
c.
Provide data, in collaboration with the Superintendent, to
the Department of Education regarding harassment,
intimidation, or bullying of pupils;
d.
Execute such other duties related to school harassment,
intimidation, or bullying as requested by the
Superintendent; and
e.
Meet at least twice a school year with the school AntiBullying Specialist(s) to discuss and strengthen procedures
and policies to prevent, identify, and address harassment,
intimidation, and bullying in the district.
The Principal in each school shall appoint a school Anti-Bullying
Specialist. When a school guidance counselor, school
psychologist, or another individual similarly trained is currently
employed in the school, the Principal shall appoint that individual
to be the school Anti-Bullying Specialist. If no individual meeting
this criteria is currently employed in the school, the Principal shall
appoint a school Anti-Bullying Specialist from currently employed
school personnel.
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The school Anti-Bullying Specialist shall:
3.
a.
Chair the School Safety Team as provided in N.J.S.A.
18A:37-21;
b.
Lead the investigation of incidents of harassment,
intimidation, or bullying in the school; and
c.
Act as the primary school official responsible for
preventing, identifying, and addressing incidents of
harassment, intimidation, or bullying in the school.
A School Safety Team shall be formed in each school in the
district to develop, foster, and maintain a positive school climate
by focusing on the on-going, systemic process and practices in the
school, and to address school climate issues such as harassment,
intimidation, or bullying. Each School Safety Team shall meet at
least two times per school year. The School Safety Team shall
consist of the Principal or the Principal’s designee who, if possible,
shall be a senior administrator in the school and the following
appointees of the Principal: a teacher in the school; a school AntiBullying Specialist; a parent of a pupil in the school; and other
members to be determined by the Principal. The school AntiBullying Specialist shall serve as the chair of the School Safety
Team.
The School Safety Team shall:
a.
Receive any complaints of harassment, intimidation, or
bullying of pupils that have been reported to the Principal;
b.
Receive copies of any report prepared after an investigation
of an incident of harassment, intimidation, or bullying;
c.
Identify and address patterns of harassment, intimidation,
or bullying of pupils in the school;
d.
Review and strengthen school climate and the policies of
the school in order to prevent and address harassment,
intimidation, or bullying of pupils;
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e.
Educate the community, including pupils, teachers,
administrative staff, and parents, to prevent and address
harassment, intimidation, or bullying of pupils;
f.
Participate in the training required pursuant to the
provisions of N.J.S.A. 18A:37-13 et seq. and other training
which the Principal or the district Anti-Bullying
Coordinator may request;
g.
Collaborate with the district Anti-Bullying Coordinator in
the collection of district-wide data and in the development
of district policies to prevent and address harassment,
intimidation, or bullying of pupils; and
h.
Execute such other duties related to harassment,
intimidation, or bullying as requested by the Principal or
district Anti-Bullying Coordinator.
The members of a School Safety Team shall be provided professional
development opportunities that address effective practices of successful
school climate programs or approaches. Notwithstanding any provision of
N.J.S.A. 18A:37-21 to the contrary, a parent who is a member of the
School Safety Team shall not participate in the activities of the team set
forth in 3. a., b., or c. above or any other activities of the team which may
compromise the confidentiality of a pupil.
H.
Harassment, Intimidation, and Bullying Investigation
The Board requires a thorough and complete investigation to be conducted
for each report of an alleged incident of harassment, intimidation, or
bullying. The investigation shall be initiated by the Principal or the
Principal’s designee within one school day of the verbal report of the
incident. The investigation shall be conducted by the school AntiBullying Specialist. The Principal may appoint additional personnel who
are not school Anti-Bullying Specialists to assist the school Anti-Bullying
Specialist in the investigation.
The investigation shall be completed and the written findings submitted to
the Principal as soon as possible, but not later than ten school days from
the date of the written report of the alleged incident of harassment,
intimidation, or bullying. Should information regarding the reported
POLICY
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incident and the investigation be received after the end of the ten-day
period, the school Anti-Bullying Specialist or the Principal shall amend
the original report of the results of the investigation to ensure there is an
accurate and current record of the facts and activities concerning the
reported incident.
The Principal shall proceed in accordance with the Code of Pupil Conduct,
as appropriate, based on the investigation findings. The Principal shall
submit the report to the Superintendent within two school days of the
completion of the investigation and in accordance with the Administrative
Procedures Act (N.J.S.A. 52:14B-1 et seq.). As appropriate to the findings
from the investigation, the Superintendent shall ensure the Code of Pupil
Conduct has been implemented and provide intervention services, order
counseling, establish training programs to reduce harassment,
intimidation, or bullying and enhance school climate, or take or
recommend other appropriate action, as necessary.
The Superintendent shall report the results of each investigation to the
Board of Education no later than the date of the regularly scheduled Board
of Education meeting following the completion of the investigation. The
Superintendent’s report also shall include information on any
consequences imposed under the Code of Pupil Conduct, intervention
services provided, counseling ordered, training established or other action
taken or recommended by the Superintendent.
Parents of the pupils who are parties to the investigation shall be provided
with information about the investigation, in accordance with Federal and
State law and regulation. The information to be provided to parents or
guardians shall include the nature of the investigation, whether the district
found evidence of harassment, intimidation, or bullying, or whether
consequences were imposed or services provided to address the incident of
harassment, intimidation, or bullying. This information shall be provided
in writing within five school days after the results of the investigation are
reported to the Board of Education.
A parent or guardian may request a hearing before the Board of Education
after receiving the information. When a request for a hearing is granted,
the hearing shall be held within ten school days of the request. The Board
of Education shall conduct the hearing in executive session, pursuant to
the Open Public Meetings Act (N.J.S.A. 10:4-1 et seq.), to protect the
confidentiality of the pupils. At the hearing, the Board may hear
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BOARD OF EDUCATION
PUPILS
5512/Page 15 of 22
testimony from and consider information provided by the school AntiBullying Specialist and others, as appropriate, regarding the alleged
incident, the findings from the investigation of the alleged incident,
recommendations for consequences or services, and any programs
instituted to reduce such incidents, prior to rendering a determination.
At the regularly scheduled Board of Education meeting following its
receipt of the report or following a hearing in executive session, the Board
shall issue a decision, in writing, to affirm, reject, or modify the
Superintendent’s decision. The Board’s decision may be appealed to the
Commissioner of Education, in accordance with N.J.A.C. 6A:3,
Controversies and Disputes, no later than ninety days after issuance of the
Board of Education’s decision.
A parent, pupil, legal guardian, or organization may file a complaint with
the Division on Civil Rights within one hundred eighty days of the
occurrence of any incident of harassment, intimidation, or bullying based
on membership in a protected group as enumerated in the "Law Against
Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.).
I.
Range of Responses to an Incident of Harassment, Intimidation, or
Bullying
The Board authorizes the Principal of each school, in conjunction with the
Anti-Bullying Specialist, to define the range of ways in which school staff
will respond once an incident of harassment, intimidation, or bullying is
confirmed, and the Superintendent shall respond to confirmed harassment,
intimidation, and bullying, according to the parameters described in this
Policy. The Board recognizes that Ssome acts of harassment,
intimidation, or bullying may be isolated incidents requiring the school
officials respond appropriately to the individual(s) committing the acts.
Other acts may be so serious or parts of a larger pattern of harassment,
intimidation, or bullying that they require a response either at the
classroom, school building or school district level or by law enforcement
officials.
Consequences and appropriate remedial actions for a pupils who commits
an act of harassment, intimidation, or bullying may range from positive
behavioral interventions up to and including suspension or expulsion, as
permitted under N.J.S.A. 18A:37-1, Discipline of Pupils and as set forth in
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N.J.A.C. 6A:16-7.2, Short-term Suspensions, N.J.A.C. 6A:16-7.3, Longterm Suspensions and N.J.A.C. 6A:16-7.5, Expulsions.
In considering whether a response beyond the individual level is
appropriate, school officials shall consider the nature and circumstances of
the act, the degree of harm, the nature and severity of the behavior, past
incidences or past or continuing patterns of behavior, and the context in
which the alleged incident(s) occurred. Institutional (i.e., classroom,
school building, school district) responses can range from school and
community surveys, to mailings, to focus groups, to adoption of researchbased harassment, intimidation or bullying prevention program models, to
training for certificated and non-certificated staff,. to participation of
parents and other community members and organizations, to small or large
group presentations for fully addressing the actions and the school’s
response to the actions, in the context of the acceptable pupil and staff
member behavior and the consequences of such actions, and to the
involvement of law enforcement officers, including safe schools resource
officers.
For every incident of harassment, intimidation, or bullying, the school
officials must respond appropriately to the individual who committed the
act. The Board is encouraged to set the parameters for the range of
responses to be established by the Principal and for the Superintendent to
follow. The range of responses to confirmed harassment, intimidation, or
bullying acts should include individual, classroom, school, or district
responses, as appropriate to the findings from each incident. Examples of
responses that apply to each of these categories are provided below:
1.
Individual responses can include positive behavioral interventions
(e.g., peer mentoring, short-term counseling, life skills groups) and
punitive actions (e.g., detention, in-school or out-of-school
suspension, expulsion, law enforcement report, or other legal
action).
2.
Classroom responses can include class discussions about an
incident of harassment, intimidation or bullying, role plays,
research projects, observing and discussing audio-visual materials
on these subjects, and skill-building lessons in courtesy, tolerance,
assertiveness, and conflict management.
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5512/Page 17 of 22
3.
School responses can include theme days, learning station
programs, parent programs, and information disseminated to pupils
and parents or guardians, such as fact sheets or newsletters
explaining acceptable uses of electronic and wireless
communication devices or strategies for fostering expected pupil
behavior.
4.
District-wide responses can include community involvement in
policy review and development, professional development
programs, adoption of curricula and school-wide programs,
coordination with community-based organizations (e.g., mental
health, health services, health facilities, law enforcement officials,
faith-based organizations), and disseminating information on the
core ethical values adopted by the district Board of Education’s
Code of Pupil Conduct, per N.J.A.C. 6A:16-7.1(a)2.
The district will identify a range of strategies and resources, which could
include, but not be limited to, the following actions for individual victims:
counseling; teacher aides; hallway and playground monitors; schedule
changes; before and after school supervision; school transportation
supervision; school transfers; and therapy .
J.
Reprisal or Retaliation Prohibited
The Board prohibits a Board member, school employee, contracted service
provider who has contact with pupils, school volunteer, or pupil from
engaging in reprisal, retaliation, or false accusation against a victim,
witness, one with reliable information, or any other person who has
reliable information about an act of harassment, intimidation, or bullying
or who reports an act of harassment, intimidation, or bullying. The
consequence and appropriate remedial action for a person who engages in
reprisal or retaliation shall be determined by the administrator after
consideration of the nature, severity and circumstances of the act, in
accordance with case law, Federal and State statutes and regulations and
district policies and procedures.
All suspected acts of reprisal or retaliation will be taken seriously and
appropriate responses will be made in accordance with the totality of the
circumstances. Examples of consequences and remedial measures are
listed in the Consequences and Appropriate Remedial Actions section of
this policy.
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
PUPILS
5512/Page 18 of 22
K.
Consequences and Appropriate Remedial Action for False Accusation
The Board prohibits any person from falsely accusing another as a means
of harassment, intimidation, or bullying.
L.
1.
Pupils - Consequences and appropriate remedial action for a pupil
found to have falsely accused another as a means of harassment,
intimidation, or bullying or as a means of retaliation may range
from positive behavioral interventions up to and including
suspension or expulsion, as permitted under N.J.S.A. 18A:37-1 et
seq., Discipline of Pupils and as set forth in N.J.A.C. 6A:16-7.2,
Short-term
Suspensions,
N.J.A.C.
6A:16-7,
Long-term
Suspensions and N.J.A.C. 6A:16-7.5, Expulsions.
2.
School Employees - Consequences and appropriate remedial action
for a school employee or contracted service provider who has
contact with pupils found to have falsely accused another as a
means of harassment, intimidation, or bullying or as a means of
retaliation could entail discipline in accordance with district
policies, procedures, and agreements which may include, but not
be limited to, reprimand, suspension, increment withholding, or
termination.
3.
Visitors or Volunteers - Consequences and appropriate remedial
action for a visitor or volunteer found to have falsely accused
another as a means of harassment, intimidation, or bullying or as a
means of retaliation could be determined by the school
administrator after consideration of the nature, severity, and
circumstances of the act, including law enforcement reports or
other legal actions, removal of buildings or grounds privileges, or
prohibiting contact with pupils or the provision of pupil services.
Dissemination
and
Bullying
Policy
Publication
and
This Policy will be disseminated annually by the Superintendent to all
school employees, contracted service providers who have contact with
pupils, school volunteers, pupils, and parents who have children enrolled
in a school in the district, along with a statement explaining the Policy
applies to all acts of harassment, intimidation, or bullying, pursuant to
POLICY
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5512/Page 19 of 22
N.J.S.A. 18A:37-14 that occur on school property, at school-sponsored
functions, or on a school bus and, as appropriate, acts that occur off school
grounds.
The Superintendent shall ensure that notice of this Policy appears in the
pupil handbook and all other publications of the school district that sets
forth the comprehensive rules, procedures, and standards for schools
within the school district.
The Superintendent shall post a link to the district’s Harassment,
Intimidation, and Bullying Policy that is prominently displayed on the
homepage of the school district’s website. The district will notify pupils
and parents this Harassment, Intimidation, and Bullying Policy is available
on the school district’s website.
The Superintendent shall post the name, school phone number, school
address, and school email address of the district Anti-Bullying
Coordinator on the home page of the school district’s website. Each
Principal shall post the name, school phone number, address, and school
email address of both the Anti-Bullying Specialist and the district AntiBullying Coordinator on the home page of each school’s website.
M.
Harassment, Intimidation, and Bullying Training and Prevention Programs
The Superintendent and Principal(s) shall provide training on the school
district’s Harassment, Intimidation, and Bullying Policy to school
employees, contracted service providers, and volunteers who have
significant contact with pupils. The training shall include instruction on
preventing bullying on the basis of the protected categories enumerated in
N.J.S.A. 18A:37-14 and other distinguishing characteristics that may
incite incidents of discrimination, harassment, intimidation, or bullying.
The school district’s employee training program shall include information
regarding the school district’s Policy against harassment, intimidation, or
bullying, which shall be provided to full-time and part-time staff members,
contracted service providers, and school volunteers who have significant
contact with pupils.
Each public school teacher shall be required to complete at least two hours
of instruction in harassment, intimidation, and bullying prevention in each
professional development period as part of the professional development
requirement pursuant to N.J.S.A.
18:37-22.d.
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PUPILS
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The required two hours of suicide prevention instruction for teaching staff
members shall include information on the relationship between the risk of
suicide and incidents of harassment, intimidation, or bullying in
accordance with the provisions of N.J.S.A. 18A:6-112.
Board members shall be required to complete a training program on
harassment, intimidation, and bullying in accordance with the provisions
of N.J.S.A. 18A:12-33.
The school district shall annually observe a “Week of Respect” beginning
with the first Monday in October. In order to recognize the importance of
character education, the school district will observe the week by providing
age-appropriate instruction focusing on the prevention of harassment,
intimidation, and bullying as defined in N.J.S.A. 18A:37-14. Throughout
the school year the district will provide ongoing age-appropriate
instruction on preventing harassment, intimidation, or bullying, in
accordance with the Core Curriculum Content Standards, pursuant to
N.J.S.A. 18A:37-29.
The school district will annually establish, implement, document, and
assess harassment, intimidation, and bullying prevention programs or
approaches, and other initiatives in consultation with school staff, pupils,
administrators, volunteers, parents or guardians, law enforcement, and
community members in accordance with the provisions of N.J.S.A.
18A:37-17 et seq.
N.
Reassessment and Review
and
Bullying
Policy
Reevaluation,
The Superintendent shall develop and implement a process for annually
discussing the school district’s Harassment, Intimidation, and Bullying
Policy with pupils.
The Superintendent and the Principal(s) shall annually conduct a
reevaluation, reassessment, and review of the Harassment, Intimidation,
and Bullying Policy, with input from the schools’ Anti-Bullying
Specialists, and recommend revisions and additions to the Policy as well
as to harassment, intimidation, and bullying prevention programs and
approaches based on the findings from the evaluation, reassessment and
review.
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
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5512/Page 21 of 22
O.
Reports to Board of Education and New Jersey Department of Education
The Superintendent shall report two times each school year at a public
hearing all acts of harassment, intimidation, and bullying in accordance
with the provisions of N.J.S.A. 18A:17-46. The information shall also be
reported to the New Jersey Department of Education in accordance with
N.J.S.A. 18A:17-46. The information reported shall be used to grade each
school and each district in accordance with the provisions of N.J.S.A.
18A:17-46. The grade received by a school and the district shall be posted
on the homepage of the school’s website and the district’s website in
accordance with the provisions of N.J.S.A. 18A:17-46. A link to the
report that was submitted by the Superintendent to the Department of
Education shall also be available on the school district’s website. This
information shall be posted on the websites within ten days of receipt of
the grade for each school and the district.
P.
Reports to Law Enforcement
Some acts of harassment, intimidation, and bullying may be bias-related
acts and potentially bias crimes and school officials must report to law
enforcement officials either serious acts or those which may be part of a
larger pattern in accordance with the provisions of the Memorandum of
Agreement Between Education and Law Enforcement Officials.
Q.
Collective Bargaining Agreements and Individual Contracts
Nothing in N.J.S.A. 18A:37-13.1 et seq. may be construed as affecting the
provisions of any collective bargaining agreement or individual contract of
employment in effect on the Anti-Bullying Bill of Rights Act’s effective
date (January 5, 2011). N.J.S.A. 18A:37-30.
R.
Pupils with Disabilities
Nothing contained in N.J.S.A. 18A:37-13.1 et seq. may alter or reduce the
rights of a pupil with a disability with regard to disciplinary actions or to
general or special education services and supports. N.J.S.A. 18A:37-32.
The school district shall submit all subsequent amended Harassment,
Intimidation, and Bullying Policies to the Executive County
Superintendent of Schools within thirty days of Board adoption.
POLICY
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N.J.S.A. 18A:37-13 through 18A:37-1932
N.J.A.C. 6A:16-7.1 et seq.; 6A:16-7.9 et seq.
Model Policy and Guidance for Prohibiting Harassment, Intimidation, and
Bullying on School Property, at School-Sponsored Functions and on School
Buses – April 2011
Adopted: June 2013
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
PUPILS
R 5512/Page 1 of 3
REPORTING PROCEDURE - HAZING AND/OR HARASSMENT,
INTIMIDATION OR BULLYING (M)
R 5512 HARASSMENT, INTIMIDATION, OR BULLYING
INVESTIGATION PROCEDURE
The Board of Education authorizes a prompt investigation of reports and
violations and complaints of harassment, intimidation and bullying in accordance
with the provisions of N.J.S.A. 18A:37-15(b)6.
The following investigation procedure shall be used for all allegations of
harassment, intimidation, or bullying:
1.
An investigation shall be initiated by the Principal or the
Principal's designee within one school day of the report of the
incident and shall be conducted by a school’s Anti-Bullying
Specialist.
a.
2.
The Principal may appoint additional personnel who are not
school Anti-Bullying Specialists to assist in the
investigation.
The investigation shall be completed as soon as possible, but not
later than ten school days from the date of the written report of the
incident of harassment, intimidation, or bullying.
a.
In the event that there is information relative to the
investigation that is anticipated but not yet received by the
end of the ten-day period, the school Anti-Bullying
Specialist may amend the original report of the results of
the investigation to reflect the information.
3.
The results of the investigation shall be reported to the
Superintendent of Schools within two school days of the
completion of the investigation, and in accordance with regulations
promulgated by the State Board of Education pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.).
4.
The Superintendent of Schools may decide to provide intervention
services, establish training programs to reduce harassment,
intimidation, or bullying and enhance school climate, impose
REGULATION
BOARD OF EDUCATION
PUPILS
R 5512/Page 2 of 3
discipline, order counseling as a result of the findings of the
investigation, or take or recommend other appropriate action.
5.
The results of each investigation shall be reported to the Board of
Education no later than the date of the next Board of Education
Meeting following the completion of the investigation, along with
information on any services provided, training established,
discipline imposed, or other action taken or recommended by the
Superintendent.
6.
Parents or legal guardians of the pupils who are parties to the
investigation shall be entitled to receive information about the
investigation, in accordance with Federal and State law and
regulation, including the nature of the investigation, whether the
district found evidence of harassment, intimidation, or bullying, or
whether discipline was imposed or services provided to address the
incident of harassment, intimidation, or bullying. This information
shall be provided in writing within five school days after the
results of the investigation are reported to the Board of Education.
7.
A parent or legal guardian may request a hearing before the Board
of Education after receiving the information.
8.
a.
This hearing shall be held within ten days of the request;
b.
The Board shall meet in executive session for the hearing to
protect the confidentiality of the pupils; and
c.
At the hearing the Board may hear from the school AntiBullying Specialist about the incident, recommendations
for discipline or services, and any programs instituted to
reduce such incidents.
At the next Board of Education meeting following its receipt of the
report, the Board of Education shall issue a decision, in writing, to
affirm, reject, or modify the Superintendent's decision. The Board's
decision may be appealed to the Commissioner of Education, in
accordance with the procedures set forth in law and regulation, no
later than ninety days after the issuance of the Board's decision.
REGULATION
BOARD OF EDUCATION
PUPILS
R 5512/Page 3 of 3
9.
A parent, pupil, legal guardian, or organization may file a
complaint with the Division on Civil Rights within one hundred
eighty days of the occurrence of any incident of harassment,
intimidation, or bullying based on membership in a protected
group as enumerated in the "Law Against Discrimination,"
P.L.1945, c.169 (C.10:5-1 et seq.).
Issued: June 2013
REGULATION
BOARD OF EDUCATION
PUPILS
R 5519/Page 1 of 9
DATING VIOLENCE IN SCHOOL
R 5519 DATING VIOLENCE AT SCHOOL
A.
B.
Definitions
1.
“At school” means in a classroom, or anywhere on school
property, school bus or school-related vehicle, at an official bus
stop, or at any school-sponsored activity or event whether or not it
is on school grounds.
2.
“Dating partner” means any person involved in an intimate
association with another individual that is primarily characterized
by the expectation of affectionate involvement, whether casual,
serious, or long-term.
3.
“Dating violence” means a pattern of behavior where one person
threatens to use, or actually uses physical, sexual, verbal, or
emotional abuse to control a dating partner.
Procedures for Reporting Acts or Incidents of Dating Violence
1.
School staff members (administrative staff, instructional staff,
support staff, and volunteers) shall take all reasonable measures to
prevent acts or incidents of teen dating violence and are required to
report all acts or incidents of dating violence at school.
2.
All acts or incidents of dating violence at school shall be reported
to the Principal or designee.
3.
a.
This report should be made verbally as soon as possible,
but no later than the end of the pupil’s school day when the
staff member witnesses or learns of an act or incident of
dating violence at school.
b.
A written report regarding the act or incident of dating
violence at school should be submitted to the Principal or
designee by the reporting staff member no later than one
day after the staff member witnesses or learns of an act or
incident of dating violence at school.
These acts or incidents may include, but are not limited to:
REGULATION
BOARD OF EDUCATION
PUPILS
R 5519/Page 2 of 9
C.
a.
Witnessed or receipt of reliable information concerning
acts or incidents that are characterized by physical,
emotional, verbal, or sexual abuse;
b.
Digital or electronic acts or incidents of dating violence;
and/or
c.
Patterns of behavior which are threatening or controlling.
Guidelines/Protocols for Responding to At-School Acts or Incidents of
Dating Violence
1.
2.
Protocol for All School Staff Members - Any school staff member
who witnesses or learns of an act or incident of dating violence at
school shall take the following steps:
a.
Separate the victim from the aggressor;
b.
Speak with the victim and the aggressor separately;
c.
Speak with witnesses or bystanders separately;
d.
Verbally report the act or incident to the Principal or
designee no later than the end of the pupil’s school day;
e.
Prepare and submit a written report of the act or incident to
the Principal or designee no later than one day after the act
or incident occurred; and
f.
Monitor the interactions of the victim and the aggressor
with pupil safety being the priority.
Protocol for Administrators/Administrative Investigation – The
Principal or designee upon receiving a report of a dating violence
act or incident at school shall take the following steps:
a.
Separate the victim from the aggressor, if applicable;
b.
Meet separately with the victim and the alleged aggressor;
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3.
c.
Take written statements from the victim and alleged
aggressor;
d.
Review the victim’s and alleged aggressor’s written
statements to ascertain an understanding of the act or
incident. The administrator may ask questions of either
individual for clarification;
e.
Further investigate the act or incident by speaking with
bystanders/witnesses of the act or incident. All statements
obtained from bystanders/witnesses shall be written and
documented, when possible;
f.
The school administrator may make a determination to
involve the school resource officer or law enforcement, if
appropriate;
g.
Appropriate referrals should be made if after an assessment
by a school social worker, counselor, or psychologist
determines the victim’s or alleged aggressor’s mental
health has been placed at risk;
h.
The Principal or designee shall contact the
parents/guardians of both the victim and the alleged
aggressor. The Principal or designee shall recommend a
meeting be held to discuss the act or incident; and
i.
The Principal or designee will notify both parties in writing
of the outcome/determination of the investigation into the
act or incident of dating violence at school.
Protocol for Working with the Victim of an Act or Incident of
Dating Violence at School – The Principal or designee shall
implement the following procedures for dealing with victims of a
confirmed act or incident of dating violence at school:
a.
A pupil’s safety shall be the first priority in a dating
violence act or incident. Interaction between the victim and
the aggressor shall be avoided. The burden of any schedule
changes (classroom, bus, etc.) should be taken on by the
aggressor;
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BOARD OF EDUCATION
PUPILS
R 5519/Page 4 of 9
4.
b.
A conference shall be held with the victim and their
parents/guardians;
c.
Identify any means or actions that should be taken to
increase the victim’s safety and ability to learn in a safe and
civil school environment;
d.
Alert the victim and their parents/guardians of school and
community based resources that may be appropriate,
including their right to file charges, if the act or incident
violated the law;
e.
Monitor the victim’s safety as needed and assist the victim
with any plans needed for the school day and after-school
hours (hallway safety, coordination with parents/guardians
for transportation to and from school, etc.). The
administration may develop a safety plan if deemed
necessary;
f.
The administration may develop a Stay-Away Agreement
between the victim and the aggressor if deemed necessary;
g.
Encourage the victim to self-report any and all further acts
or incidents of dating violence that occur at school in
writing to the Principal or designee; and
h.
Document all meetings and action plans that are discussed.
Protocol for Working with the Aggressor of an Act or Incident of
Dating Violence at School – The Principal or designee shall
implement the following procedures for dealing with the aggressor
of a confirmed act or incident of dating violence at school:
a.
Schedule a conference with the aggressor and their
parents/guardians;
b.
Give the aggressor the opportunity to respond in a written
statement to the allegations and the outcome/determination
of an act or incident of dating violence at school;
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BOARD OF EDUCATION
PUPILS
R 5519/Page 5 of 9
5.
D.
c.
Alert the aggressor and their parents/guardians to both
school and community-based support and counseling
resources that are available;
d.
Identify and implement counseling, intervention, and
disciplinary methods that are consistent with school policy
for acts or incidents of this nature;
e.
Review the seriousness of any type of retaliation (verbal,
emotional, physical, sexual, electronic/digital) toward the
victim who reported the act or incident of dating violence.
Address that consequences will be issued consistent with
the school’s pupil code of conduct and procedures for any
type of retaliation or intimidation toward the victim; and
f.
Document all meetings and action plans that are discussed.
Protocol for the Documentation and Reporting of an Act or
Incident of Dating Violence at School - School districts shall
implement the following procedures for documenting and
reporting acts or incidents of dating violence that occur at school:
a.
Dating violence statements and investigations shall be kept
in files separate from pupil academic and discipline records
to prevent the inadvertent disclosure of confidential
information.
b.
Every act or incident of dating violence at school that is
reported shall be documented in an appropriate manner.
This documentation shall include all written statements,
planning actions, consequences, and disciplinary measures
as well as counseling and other support resources that were
offered, prescribed, and/or provided to the victim or the
aggressor.
Discipline Procedures Specific to At School Acts or Incidents of Dating
Violence
1.
The Board of Education requires its school administrators to
implement discipline and remedial procedures to address acts or
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BOARD OF EDUCATION
PUPILS
R 5519/Page 6 of 9
incidents of dating violence at school that are consistent with the
school’s pupil code of conduct.
2.
The policies and procedures specific to acts or incidents of dating
violence at school should be used to address the act or incident as
well as serve as remediation, intervention, education, and
prevention for all individuals involved.
3.
The responses shall be tiered with consideration given to the
seriousness and number of previous occurrences of acts or
incidents in which both the victim and alleged aggressor have been
involved.
4.
Consequences may include, but are not limited to, the following:
a.
Admonishment;
b.
Temporary removal from the classroom;
c.
Classroom or administrative detention;
d.
In-school suspension;
e.
Out-of-school suspension;
f.
Reports to law enforcement; and
g.
Expulsion.
5.
Retaliation toward the victim of any act or incident of dating
violence shall be considered when administering consequences to
the aggressor based on the severity of the act or incident.
6.
Remedial procedures/interventions may include, but are not limited
to, the following:
a.
Parent conferences;
b.
Pupil counseling (all pupils involved in the act or incident);
c.
Peer support group;
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PUPILS
R 5519/Page 7 of 9
E.
d.
Corrective instruction or other relevant learning or service
experiences;
e.
Supportive pupil intervention (Intervention and Referral
Services - I&RS);
f.
Behavioral management plan; and
g.
Alternative placements.
Warning Signs of Dating Violence
1.
A pattern of behaviors may be an important sign that a pupil is
involved in an unhealthy or abusive dating relationship. Many
warning signs make a connection to one pupil in the relationship
asserting control and power over the other. Recognizing one or
more signs of teen dating violence plays an important role in
preventing, educating, and intervening in acts or incidents of
dating violence.
2.
The warning signs listed below are to educate the school
community on the characteristics a pupil in an unhealthy or
abusive relationship might exhibit. Warning signs may include,
but are not limited to, the following:
a.
Name-calling and putdowns - Does one pupil in the
relationship use name-calling or putdowns to belittle or
intimidate the other pupil?
b.
Extreme jealousy - Does one pupil in the relationship
appear jealous when the other talks with peers?
c.
Making excuses - Does one pupil in the relationship make
excuses for the other?
d.
Canceling or changing plans - Does one pupil cancel plans
often, and at the last minute? Do the reasons make sense or
sound untrue?
REGULATION
BOARD OF EDUCATION
PUPILS
R 5519/Page 8 of 9
F.
e.
Monitoring - Does one pupil call, text, or check up on the
other pupil constantly? Does one pupil demand to know
the other’s whereabouts or plans?
f.
Uncontrolled anger – Does one of the pupils in the
relationship lose his or her temper or throw and break
things in anger?
g.
Isolation - Has one pupil in the relationship given up
spending time with family and friends? Has the pupil
stopped participating in activities that were once very
important?
h.
Dramatic changes - Has the appearance of the pupil in the
relationships changed? Has the pupil in the relationship
lost or gained weight? Does the pupil seem depressed?
i.
Injuries - Does the pupil in the relationship have
unexplained injuries? Does the pupil give explanations that
seem untrue?
j.
Quick Progression - Did the pupil’s relationship get serious
very quickly?
The Principal or designee will provide to the parents/guardians of a victim
or aggressor information on safe, appropriate school, family, peer, and
community resources available to address dating violence.
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
PUPILS
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POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
PUPILS
5519/Page 1 of 3
DATING VIOLENCE AT SCHOOL
5519 DATING VIOLENCE AT SCHOOL
The Board of Education believes a safe and civil environment in school is
necessary for children to learn. A pupil who is a victim of dating violence suffers
academically and the pupil’s safety at school is jeopardized. Acts or incidents of
dating violence at school whether they are verbal, sexual, physical, or emotional
will not be tolerated and will be dealt with in accordance with the school’s pupil
code of conduct.
All school staff members (administrative staff, instructional staff, support staff,
and volunteers) shall take all reasonable measures to prevent acts or incidents of
dating violence at school involving a pupil. All acts or incidents of dating
violence at school shall be reported to the Principal or designee in accordance
with the provisions outlined in Regulation 5519. A verbal report shall be made to
the Principal or designee as soon as possible, but no later than the end of the
pupil’s school day when the staff member witnesses or learns of an act or incident
of dating violence at school. A written report regarding the act or incident shall
be submitted to the Principal or designee by the reporting staff member no later
than one day after the act or incident occurred.
School staff members are required to report all acts or incidents of dating violence
at school they witness or upon receiving reliable information concerning acts or
incidents of dating violence at school. Acts or incidents may include, but are not
limited to: those characterized by physical, emotional, verbal, or sexual abuse;
digital or electronic acts or incidents of dating violence; and/or patterns of
behavior which are threatening or controlling.
The Board of Education, upon the recommendation of the Superintendent of
Schools, shall adopt the guidelines and procedures outlined in Regulation 5519
for responding to acts or incidents of dating violence at school. The protocols
outlined in Regulation 5519 have been established for any school staff member
who witnesses or learns of an act or incident of dating violence at school and for
school administrators to work with the victim and the aggressor of an act or
incident of dating violence.
Dating violence statements and investigations shall be kept in files separate from
pupil academic and discipline records to prevent the inadvertent disclosure of
confidential information. Every act or incident of dating violence at school that is
reported shall be documented in an appropriate manner. This should include
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MATAWAN ABERDEEN
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PUPILS
5519/Page 2 of 3
statements, planning actions, and disciplinary measures as well as counseling and
other support resources that are offered and prescribed to the victim or aggressor.
School administrators shall implement discipline and remedial procedures to
address acts or incidents of dating violence at school consistent with the school’s
pupil code of conduct. The policies and procedures specific to acts or incidents of
dating violence at school shall be used to address the act or incident as well as
serve as remediation, intervention, education, and prevention for all individuals
involved. The responses shall be tiered with consideration given to the
seriousness and the number of previous occurrences of acts or incidents in which
both the victim and alleged aggressor have been involved.
Consequences may include, but are not limited to: admonishment, temporary
removal from the classroom, classroom or administrative detention, in-school
suspension, out-of-school suspension, reports to law enforcement, and/or
expulsion. Retaliation towards the victim of any act or incident of dating violence
shall be considered when administering consequences to the alleged aggressor
based on the severity of the act or incident.
Remediation/intervention may include, but is not limited to: parent conferences,
pupil counseling (all pupils involved in the act or incident), peer support groups,
corrective instruction or other relevant learning or service experiences, supportive
pupil interventions (Intervention and Referral Services - I&RS), behavioral
management plans, and/or alternative placements.
A pattern of behaviors may be an important sign a pupil is involved in an
unhealthy or abusive dating relationship. The warning signs listed in Regulation
5519 shall educate the school community on the characteristics that a pupil in an
unhealthy or abusive relationship may exhibit. Many of these warning signs
make a connection to one pupil in the relationship asserting control and power
over the other. Recognizing one or more signs of teen dating violence plays an
important role in preventing, educating, and intervening in acts or incidents of
dating violence.
The Board of Education shall make available to pupils and their families
information on safe, appropriate school, family, peer, and community resources
available to address dating violence.
The Board of Education shall incorporate age-appropriate dating violence
education in grades seven through twelve through the health education curriculum
in alignment with the New Jersey Core Curriculum Content Standards for
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MATAWAN ABERDEEN
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BOARD OF EDUCATION
PUPILS
5519/Page 3 of 3
Comprehensive Health and Physical Education. The educational program shall
include, but is not limited to, a definition of dating violence, recognizing the
warning signs of dating violence, and the characteristics of healthy relationships.
Upon written request to the school Principal, a parent/legal guardian of a pupil
less than eighteen years of age shall be permitted, within a reasonable period of
time after the request is made, to examine the dating violence education
instruction materials developed by the school district.
Notice of Policy and Regulation 5519 shall appear in all district publications that
set forth the comprehensive rules, procedures, and standards of conduct for pupils
within the district and in any handbook.
N.J.S.A. 18A:35-4.23a.; 18A:37-33; 18A:37-34; 18A:37-35; 18A:37-37
New Jersey Department of Education Model Policy and Guidance for Incidents
Involving Dating Violence – September 2011
Adopted: June 2013
R 5561 USE OF PHYSICAL RESTRAINT
A.
Definitions
“Physical restraint” means holding a pupil or otherwise restricting his/her
movements.
B.
Physical Restraint Limitations
Physical restraint shall only be used by a school staff member in an emergency
situation with the following limitations:
C.
1.
Limited to the use of only the reasonable force needed;
2.
Discontinued immediately when the emergency no longer exists;
3.
Implemented in such a way as to protect the health and safety of the pupil
and others; and
4.
Not deprive the pupil of basic human necessities.
Physical Restraint Training Requirements
The training requirements on the use of physical restraint shall be as follows:
1.
Building level administrators and school staff members designated by the
Principal likely to be confronted with the need to use physical restraint
shall be trained on the use of physical restraint.
a.
D.
If, in the event of an emergency, a person(s) who has not received
training uses physical restraint, training for the person(s) that used
such restraint shall occur within thirty days of the incident.
2.
Training must include techniques of prevention and de-escalation, as well
as alternatives to physical restraint.
3.
Training must include current professionally accepted practices and
standards regarding behavior management and use of physical restraint.
Interventions
1.
Classroom interventions may include, but not be limited to, the following
strategies:
a.
The staff member may ignore the behavior;
2.
E.
b.
The staff member may redirect the pupil to a task with verbal or
non-verbal prompts or gestures. Proximity helps, as may the use
of gentle humor, when appropriate;
c.
The staff member shall be clear, polite, and respectful when
requesting the targeted behavior. The staff member may make eye
contact and tell the pupil what to do such as “I can’t teach when
you are talking, throwing things, …” or “Please stop and listen,
read, write, ...” The staff member should remind the pupil of
consequences and rewards if they comply with the staff member’s
request;
d.
The staff member shall be polite at all times. The staff member
may repeat steps a. through c. above and/or quietly give the pupil
adequate wait time. Sometimes if the staff member moves on with
the lesson the pupil may comply after the initial confrontation;
e.
The staff member may advise the pupil to proceed to a time-out
area in the classroom for a limited time (elementary and middle
school); and
f.
If classroom removal is required, the staff member shall follow
school discipline procedures for notification and request for
assistance if necessary.
Security interventions may include, but are not limited to, the staff
member:
a.
Standing quietly in the doorway and asking the pupil to accompany
the staff member;
b.
Informing the pupil of the violation of the school discipline code
and procedure and assure the pupil they have the choice to leave
the classroom quietly; and/or
c.
Using a minimal and gentle hold on arm to remove the pupil.
Use of Physical Restraint
1.
If the pupil’s behavior reaches the level defined as an emergency, physical
restraint may be needed.
2.
If necessary, the staff member may utilize approved physical restraint,
using the least amount of force necessary.
3.
If necessary, the staff member shall restrain the pupil until the emergency
no longer exits (i.e. the pupil stops punching, kicking, spitting, damaging
property, etc.).
4.
The staff member shall immediately contact the appropriate administrator
and school nurse and complete a written report on the physical restraint
the staff member used during the emergency situation.
5.
If physical restraint is used, the Principal or designee shall attempt to
notify the parent/legal guardian by telephone of the use of physical
restraint on the day it occurs and written notification of the incident shall
be mailed to the parent within one school day after the use of physical
restraint.
6.
Written documentation, including the Principal’s or designee’s report and
any staff member’s report regarding the incident and the use of physical
restraint shall be placed in the pupil’s school file.
7.
The use of physical restraint is subject to the following requirements:
a.
The pupil must possess a physical risk to him/herself, or others;
b.
Physical restraint techniques shall consider the pupil’s medical
conditions and shall be modified as necessary;
c.
Staff applying physical restraint shall have been trained in the safe
application of physical restraint;
d.
Pupils will not be subjected to physical restraint for using profanity
or other verbal displays or disrespect, or for non-compliance. A
verbal threat will not be considered as constituting a physical
danger unless a pupil also demonstrates a means of or intent to
carry out the threat;
e.
In determining whether a pupil who is being physically restrained
should be removed from the area where the restraint was initiated,
the supervising staff should consider the potential for injury to the
pupil, the pupil’s need for privacy, and the educational and
emotional well-being of the other pupils in the vicinity;
f.
A pupil shall be released from physical restraint immediately upon
a determination by the staff member administering the restraint
that the pupil is no longer in imminent danger of causing harm to
him/herself, others, or imminent property destruction; and
g.
The pupil shall be examined by the school nurse after any restraint.
Issued: June 2013
Issued:
POLICY
MATAWAN ABERDEEN
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BOARD OF EDUCATION
PUPILS
5561/Page 1 of 1
USE OF PHYSICAL RESTRAINT
5561 USE OF PHYSICAL RESTRAINT
The Board of Education strives to provide a safe, caring atmosphere that supports
all learners in the least restrictive environment. On occasion, during an
emergency, a situation may arise making it necessary to temporarily restrain a
pupil. An emergency is defined as a situation in which the pupil’s behavior poses
a threat of imminent, serious physical harm to the pupil or others or imminent,
serious property destruction.
In accordance with N.J.S.A. 18A:6-1, no person employed or engaged in school
or educational instruction, whether public or private, shall inflict or cause to be
inflicted corporal punishment upon a pupil attending such school or institution.
However, any such person may, within the scope of his/her employment, use and
apply such amounts of force as is reasonable and necessary: to quell a
disturbance, threatening physical injury to others; to obtain possession of weapons
or other dangerous objects upon the person or within the control of a pupil, for the
purpose of self-defense; and for the protection of persons or property. Any such
acts, as above, shall not be construed to constitute corporal punishment within the
meaning and intendment of N.J.S.A. 18A:6-1.
“Physical restraint” means holding a pupil or otherwise restricting his/her
movements. Physical restraint shall include the use of specific, planned
techniques and shall only be used with reasonable limitations by school staff
members who shall receive training in the use of physical restraint. Classroom
and security interventions should be implemented, when possible, prior to the use
of any physical restraint. The use of physical restraint shall be limited to only
those circumstances and situations where other interventions are not possible or
have been unsuccessful.
A pupil shall be released from physical restraint immediately upon a
determination by the school staff member administering the restraint that the pupil
is no longer in imminent danger of causing harm to him/herself, others, or
imminent property destruction. The Principal or designee will notify the
parent/legal guardian in the event an emergency existed and physical restraint was
used on their child. The pupil shall be examined by the school nurse after any
physical restraint.
N.J.S.A. 18A:6-1
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
FINANCES
R 6111/Page 1 of 7
SPECIAL EDUCATION MEDICAID INITIATIVE (SEMI) PROGRAM (M)
R 6111 SPECIAL EDUCATION MEDICAID INITIATIVE (SEMI) PROGRAM (M)
M
R 6111 SPECIAL EDUCATION MEDICAID INITIATIVE (SEMI) PROGRAM
Every New Jersey school district, with the exception of any district that obtains a
waiver of the requirements of N.J.A.C. 6A:23A-5.3 pursuant to the procedures set
forth at N.J.A.C. 6A:23A-5.3(b), shall take appropriate steps to maximize its
revenue from the Special Education Medicaid Initiative (SEMI) Program by
following policies and procedures to maximize participation in the program as set
forth in N.J.A.C. 6A:23A-5.3(d) and to comply with all program requirements as
set forth in N.J.A.C. 6A:23A-5.3(e).
A.
Waiver
1.
2.
The school district may seek, in the prebudget year, a waiver of the
requirements of N.J.A.C. 6A:23A-5.3 upon demonstration that for
the subsequent school year:
a.
The district projects, based on reliable evidence, that it will
have forty or fewer Medicaid eligible classified pupils; or
b.
The district demonstrates that efforts to participate in SEMI
would not provide a cost benefit to the district, based on the
projection of the district’s available SEMI reimbursement
for the budget year as set forth in N.J.A.C. 6A:23A-5.3 (c)
and B. below.
The application for a waiver of the requirements of N.J.A.C.
6A:23A-5.3 shall be made to the Executive County Superintendent
no less than forty-five days prior to the submission of the
district’s proposed budget for
the school year to which the waiver request applies. The Executive
County Superintendent shall notify the district of the decision on
the waiver application within twenty days of receipt of the waiver
request. If the waiver is not granted, the district shall submit a
SEMI action plan to the Executive County Superintendent as
required by N.J.A.C. 6A:23A-5.3(f) as part of its annual school
district budget submission or demonstrate to the Executive County
REGULATION
BOARD OF EDUCATION
FINANCES
R 6111/Page 2 of 7
Superintendent the district has achieved maximum participation in
the SEMI program in the prebudget year.
B.
Projection of Available SEMI Reimbursement
1.
2.
C.
As part of the annual budget information, the New Jersey
Department of Education shall provide each school district with a
projection of available SEMI reimbursement for the budget year,
as determined by the State Department of Treasury’s third party
administrator for SEMI. The projection shall be based on the
following:
a.
Number of Medicaid eligible pupils;
b.
Assumption of twenty services per eligible pupils per year;
c.
One IEP meeting per eligible pupil per year; and
d.
Applicable SEMI reimbursement rates.
Beginning with the 2009-2010 school year, the school district shall
recognize as revenue in its annual school district budget no less
than ninety percent of the projection of available SEMI
reimbursement. The district may seek approval from the Executive
County Superintendent to use its own projection of SEMI
reimbursement upon demonstration that the numbers it used in
calculating the projection are more accurate than the projection
provided.
SEMI Program Requirements
1.
The school district shall strive to achieve maximum participation
in the SEMI program. “Maximum participation” means obtaining
a ninety percent return rate of parental consent forms for all SEMI
eligible pupils. Districts shall enter all pupils following their
evaluations into the third-party system to identify the district’s
universe of eligible pupils. This can be done without parental
consent.
REGULATION
BOARD OF EDUCATION
FINANCES
R 6111/Page 3 of 7
2.
3.
Districts participating in the SEMI reimbursement program shall
comply with program requirements as follows:
a.
The school district shall implement Policy and Regulation
6111 concerning the effective and efficient administration
of the SEMI reimbursement program consistent with the
requirements of N.J.A.C. 6A:23A-5.3.
b.
Any service submitted to Medicaid for reimbursement shall
be rendered by a Medicaid qualified practitioner, or
rendered by a provider under the supervision of a Medicaid
qualified practitioner. The following outlines the required
documentation for each related service provider:
(1)
Nurses – copy of license (DOE certification is not
required for SEMI);
(2)
Occupational Therapist – copy of license and DOE
certification;
(3)
Physical Therapist - copy of license and DOE
certification;
(4)
Psychologist – copy of DOE certification;
(5)
Social Worker - copy of DOE certification; and
(6)
Speech Therapist – copy of DOE certification and
American Speech-Language-Hearing Association
(ASHA) Certification or Copy of DOE certification
and past or present license (on or after January 1,
1993); or copy of DOE certification and
documentation that the equivalent educational
requirements and work experience necessary for
ASHA certification have been met.
Practitioners who are not Medicaid qualified can deliver services
under the direction of Medicaid qualified practitioners. These
include certified occupational therapist assistants (COTAs),
physical therapist assistants (PTAs) and speech correctionists.
REGULATION
BOARD OF EDUCATION
FINANCES
R 6111/Page 4 of 7
4.
Any direct therapy or other related service shall be prescribed in
the related services section of the pupil’s IEP prior to submitting a
claim to Medicaid for reimbursement. Delivery of nursing services
and dispensing of medication must be referenced in the IEP and
supported by physicians’ orders or prescriptions. These documents
must be maintained on file. The supporting documentation to be
maintained by the school district shall be the cover/signature page,
related services section of the IEP, therapy logs, and the
evaluations and assessments conducted by the Medicaid-qualified
practitioners.
5.
Entities where the school district has placed SEMI eligible pupils
shall take steps to enable school districts to maximize participation,
including either logging the eligible services provided directly
through the vendor or the sending school district, as mutually
agreed upon with the school district, and obtaining SEMI provider
qualification certifications. Every out-of-district placement must
provide copies of SEMI provider qualifications, certifications and
licenses. This provision applies to the following out-of-district
placement options:
6.
a.
Approved private schools for pupils with disabilities;
b.
Educational services commissions;
c.
Jointure commissions;
d.
Vocational half-time programs;
e.
Department of Education Regional Day Schools; and
f.
Special Service School Districts.
All supporting documentation for a Medicaid claim shall be
maintained on file and available for audit or State review for at
least seven years from the date of service. Supporting
documentation shall include provider certification (current and
historical for each provider), provider service logs, licenses and
certifications, physician authorizations for nursing services,
parental consent forms, attendance records, and copies of the
pupil’s IEP.
REGULATION
BOARD OF EDUCATION
FINANCES
R 6111/Page 5 of 7
D.
SEMI Action Plan
1.
A school district that has less than ninety percent participation of
SEMI eligible pupils in the prebudget year or that has failed to
comply with all program requirements set forth in C. above shall
submit a SEMI action plan to the Executive County Superintendent
for review and approval as part of the school district’s proposed
budget submission.
2.
The SEMI action plan shall include the following components:
a.
Procedures for obtaining parental consent forms including
the Parental Consent Best Practices which are available
from the New Jersey Department of Education.
b.
Establishment of a benchmark for the 2008-2009 school
year or for the first year the district does not have an
approved waiver pursuant to the provisions of N.J.A.C.
6A:23A-5.3(b), whichever is applicable, for obtaining
maximum participation of all SEMI eligible pupils by the
start of the subsequent school year:
(1)
The benchmarks for the 2008-2009 school year or
for the first year that the district does not have an
approved
waiver
pursuant
to
N.J.A.C.
6A:23A-5.3(b), whichever is applicable, for
achieving maximum participation shall at a
minimum close the gap between current
participation and maximum participation by fifty
percent by the beginning of the subsequent school
year; and
(2)
The benchmarks shall be based on the percentage of
parental consent forms collected from eligible
pupils. The number of parental consent forms shall
reflect one parental consent form for each eligible
pupil. This should include documentation of
parental refusal to give consent.
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E.
c.
Procedures to ensure that all IEP meetings are documented
in the third-party administrator’s system. IEPs are only
claimable if a Medicaid qualified practitioner is present.
d.
Procedures to ensure that all SEMI eligible services,
including services provided by entities where the school
district has placed SEMI eligible pupils, are documented in
the third-party administrator’s system.
e.
Procedures to ensure that a valid IEP is on file and the IEP
date is on file in the third-party administrator’s system for
each SEMI eligible pupil for whom parental consent has
been obtained.
f.
Procedures to ensure that service providers used by the
school district and entities where the school district has
placed SEMI eligible pupils have valid licenses and
certifications documenting SEMI provider qualifications on
file in the third-party administrator’s system.
Districts that did not achieve ninety percent participation or achieve their
approved benchmarks in the SEMI program for a given budget year and
cannot demonstrate they fully implemented their New Jersey Department
of Education approved SEMI action plan required above shall be subject
to review for the withholding of State aid by the Commissioner pursuant
to N.J.S.A. 18A:55-3 in an amount equal to the SEMI revenue projection
based on their approved benchmark for the budget year, if applicable, less
actual SEMI reimbursements for the budget year. The State aid deduction
shall be made in the second subsequent year after the budget year.
Issued: May 2013
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REIMBURSEMENT OF FEDERAL AND OTHER GRANT EXPENDITURES (M)
6112 REIMBURSEMENT OF FEDERAL AND OTHER GRANT EXPENDITURES
(M)
M
6112 REIMBURSEMENT OF FEDERAL AND OTHER
GRANT EXPENDITURES
The Cash Management Improvement Act (CMIA) and related Federal regulations
require a State to minimize the time elapsing between the transfer of funds from
the United States Treasury and the expenditure of funds for program purposes.
This requirement applies to grantees such as the State of New Jersey and their
subgrantees, such as a school district. The State of New Jersey and school
districts must assure funds have been, or will be, spent within a minimal amount
of time after having been drawn from the Federal government.
In accordance with this requirement, the New Jersey Department of Education
(NJDOE) has implemented a reimbursement request system of payment. The
procedures as outlined in the New Jersey Department of Education Policies and
Procedures for Reimbursement of Federal and Other Grant Expenditures shall be
followed by school districts in submitting reimbursement requests.
Reimbursement requests for entitlement grant awards under Titles I, II-A, II-D,
III, III Immigrant, IV and V of the No Child Left Behind Act (NCLB), the
Individuals with Disabilities Education Act (IDEA), and the Carl D. Perkins
Career and Technical Education Improvement Act of 2006 shall be made using
the NJDOE’s Electronic Web-Enabled Grant (EWEG) System.
Reimbursement requests by the School Business Administrator/Board Secretary
or designee shall be made for individual titles and awards using the payment
functionality of the EWEG system. Reimbursement requests shall be made for
individual titles and awards and only one reimbursement request per month may
be submitted for an individual title or award. Reimbursement requests may only
be for expenditures that have already occurred or will occur by the last calendar
day of the month in which the request is made.
The submission of a reimbursement request constitutes a certification by the
School Business Administrator/Board Secretary that the school district has
previously made the appropriate expenditures and/or will make the expenditures
by the last calendar day of the month in which the request is made and that the
expenditures are allowable and appropriate to the cost objective(s) of the
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subgrant. Reimbursement requests must be in accordance with approved grant
applications.
The Superintendent of Schools or designee is responsible for submitting an
amendment application to the NJDOE for approval if a new budget category for
which no funds were previously budgeted or approved has been created. The
Superintendent of Schools or designee is responsible for submitting an
amendment application to the NJDOE for approval if cumulative transfers among
expenditure categories exceed ten percent of the total award or $50,000 for IDEA,
Perkins, and NCLB (per title); whichever is less.
A reimbursement request may be submitted at any time after the subgrant has
received final NJDOE approval. Reimbursement requests submitted at least ten
business days before the end of the month but no later than the fifteenth day of the
month will be reviewed and, if approved, processed for payment the first business
day of the following month. School districts will normally receive payment by
the fifth business day of the month and will be able to track the grant’s payment
history in EWEG through the payments link of the grant application.
Reimbursement requests must contain a brief description of the expenditures for
which reimbursement is being requested. Individual line items need not be
detailed. Expenditures must be supported by documentation at the school district
level but should not be submitted to the NJDOE with a reimbursement request.
The Superintendent of Schools or designee is responsible to maintain supporting
documentation for seven years and for making it available to the NJDOE, the
United States Department of Education, and/or their authorized representatives
upon request. Documentation for salary expenditures is subject to the
requirements of the applicable Federal Office of Management and Budget
Circular: A-21, “Cost Principles for Educational Institutions;” A-87, “Cost
Principles for State, Local, and Indian Tribal Governments;” A-122, “Cost
Principles for Non-Profit Organizations;” and Education Department General
Administrative Regulations (EDGAR). Documentation for all other expenditures
must include evidence that the expenditures are allowable costs and of the
relationship of the expenditure to the subgrant’s cost objectives.
The NJDOE staff will review reimbursement requests to determine they meet the
subgrant’s criteria. When a reimbursement request is approved or denied, the
school district will receive an email notification through the EWEG system.
Approval of a reimbursement request by NJDOE does not imply approval of the
expenditures as allowable or appropriate to the subgrant’s cost objectives as the
approval of expenditures will continue to be processed through the final report.
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The School Business Administrator/Board Secretary or designee assumes
responsibility for assuring that all funds requested through the EWEG system
either have already been expended, or will be expended according to the
requirements of the CMIA.
New Jersey Department of Education Policies and Procedures for Reimbursement
of Federal and Other Grant Expenditures – July 2008
Adopted: June 2013
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BUDGET PREPARATION (M)
M
6220 BUDGET PREPARATION
The annual budget is the financial plan for the effectuation of the educational plan
for the district; its preparation is, therefore, one of the most important functions
performed by the Board of Education. The budget shall be designed to carry out
that plan in a thorough and efficient manner, to maintain school district facilities,
and to honor continuing obligations of the district.
A proposed budget requires the critical analysis of every member of the Board
during its preparation. The administration shall work with the Board to ensure
Board members have a thorough understanding of the budget appropriations,
budget revenue, the proposed educational program and the budget’s impact to the
local tax levy. The Board shall also provide for community input during the
budget development process.
The annual school district budget and supporting documentation shall be prepared
in accordance with the provisions of N.J.S.A. 18A:7F et seq. and N.J.A.C.
6A:23A-8.1 et seq. The Board will obtain approval of the local funding for a nonreferendum capital project (school facility project or other capital project) in
accordance with the provisions of N.J.A.C. 6A:23A-8.4.
The Board will submit its proposed budget and supporting documentation as
prescribed by the Commissioner to the Executive County Superintendent for
approvalThe budget will be presented to the Board of Education to allow
adequate time for review and adoption. The budget should evolve primarily
from the needs of the individual schools as expressed by the Building Principals
and the district educational program as expressed by the central administrative
staff and be compatible with approved district plans.
The Board shall include in the budget application to the Executive County
Superintendent a complete reporting of revenues and appropriations and other
requirements pursuant to N.J.S.A. 18A:22-8 and N.J.S.A. 18A:7F-5 through 63.
The Board, upon submission of its budget application to the Executive County
Superintendent or by the statutory submission date, whichever is earlier, shall
make available upon request for public inspection all budget and supporting
documentation contained in the budget application and all other documents
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BUDGET PREPARATION (M)
listed in N.J.A.C. 6A:23A-8.1 once the budget application has been submitted to
the Executive County Superintendent for approval.
The budget as adopted for the school year pursuant to N.J.S.A. 18A:7F-5 shall
be provided for public inspection on the district’s Internet site, if one exists, and
made available in print in a “user-friendly” plain language budget summary
format in accordance with the provisions of N.J.A.C. 6A:23A-8.1(c).
All budgetary and accounting systems used in the school district must be in
accordance with double entry bookkeeping and Generally Accepted Accounting
Principles as required in N.J.A.C. 6A:23A-16.1 et seq.
N.J.S.A. 18A:7F et seq.; 18A:22-7 et seq.
N.J.A.C. 6A:23A-8.1 et seq.; 6A:23A-16.1 et seq.
Adopted: June 2013
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CONTRACTS FOR GOODS OR SERVICES FUNDED BY FEDERAL GRANTS
6311 CONTRACTS FOR GOODS OR SERVICES FUNDED BY
FEDERAL GRANTS
Any vendor providing goods or services to the school district to be funded by a
Federal grant must be cleared for contract in accordance with the provisions of the
Federal Acquisition Regulations (FAR) Subpart 9.4 – Debarment, Suspension,
and Ineligibility.
The School Business Administrator/Board Secretary shall be responsible to check
the web-based Excluded Parties Lists System (EPLS) maintained by the General
Services Administration (GSA). The purpose of the EPLS is to provide a single
comprehensive list of individuals and firms excluded by Federal government
agencies from receiving Federal contracts or Federally approved contracts or
Federally approved subcontracts and from certain types of Federal financial and
nonfinancial assistance and benefits.
The School Business Administrator/Board Secretary, upon opening of bids or
upon receipt of proposals for goods or services to be funded by a Federal grant
shall review the EPLS to determine if the vendor has been disbarred, suspended,
or proposed for disbarment. The School Business Administrator/Board Secretary
shall also review the EPLS list immediately prior to the award of a bid or contract
to ensure that no award is made to a vendor on the list.
In the event a vendor under consideration to be awarded a bid or contract for
goods or services to be funded by a Federal grant is on the EPLS list or proposed
for disbarment, the School Business Administrator/Board Secretary shall comply
with the contracting restrictions as outlined in FAR Subpart 9.405.
Continuation of current contracts and restrictions on subcontracting with vendors
who are on the EPLS list or proposed for disbarment shall be in accordance with
the limitations as outlined in FAR Subparts 9.405.1 and 9.405.2.
Any rejection of a bid or disqualification of a vendor who has been disbarred,
suspended, or proposed for disbarment shall be consistent with the requirements
as outlined in N.J.S.A. 18A:18A – Public School Contracts Law and all applicable
State laws.
Federal Acquisition Regulations (FAR) Subpart 9.4
Adopted: June 2013
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CONTRIBUTIONS TO BOARD MEMBERS AND CONTRACT AWARDS (M)
M
6362 CONTRIBUTIONS TO BOARD MEMBERS AND CONTRACT
AWARDS
As a condition of receiving State aid, the school district shall comply with the
provisions of N.J.A.C. 6A:23A-6.3 to ensure the school district maintains honest
and ethical relations with vendors and shall guard against favoritism,
improvidence, extravagance, and corruption in its contracting processes and
practices.
For the purposes of this Policy, “business” means any corporation, partnership,
firm, enterprise, franchise, trust, association, sole proprietorship, union, political
organization, or other legal entity but shall not include a local public school
district or any other public entity. “Business entity” means any natural or legal
person, business corporation, professional services corporation, limited liability
company, partnership, limited partnership, business trust, association or any other
legal commercial entity organized under the laws of this State or of any other
State or foreign jurisdiction. “Interest” means the ownership or control of more
than ten percent of the profits or assets of a business entity or ten percent of the
stock in the case of a business entity that is a corporation for profit, as
appropriate.
In accordance with the provisions of N.J.A.C. 6A:23A-6.3:
1.
No Board of Education will vote upon or award any contract in the
amount of $17,500 or greater to any business entity which has
made a contribution reportable by the recipient under P.L. 1973, c.
83 (N.J.S.A. 19:44A-1 et seq.) to a member of the Board of
Education during the preceding one-year period.
2.
Contributions reportable by the recipient under P.L. 1973, c. 83
(N.J.S.A. 19:44A-1 et seq.) to any member of the Board of
Education from any business entity doing business with the school
district are prohibited during the term of a contract.
3.
When a business entity referred to in 2. above is a natural person, a
contribution by that person’s spouse or child that resides therewith
shall be deemed to be a contribution by the business entity. Where
a business entity is other than a natural person, a contribution by
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CONTRIBUTIONS TO BOARD MEMBERS AND CONTRACT AWARDS (M)
any person or other business entity having an interest therein shall
be deemed to be a contribution by the business entity.
4.
The disclosure requirement set forth in section 2 of P.L. 2005, c.
271 (N.J.S.A. 19:44A-20.26) also shall apply when the contract is
required by law to be publicly advertised for bids.
A Business Entity Disclosure Certification (BED-C) shall be submitted by the
business entity for all contracts of $17,500 or greater in order to facilitate
disclosure of contributions to Board members by a business entity. The BED-C
shall be reviewed prior to the award of any contract in excess of $17,500 to ensure
the Board of Education’s compliance with N.J.A.C. 6A:23A-6.3(a).
The requirements of N.J.A.C. 6A:23A-6.3 shall not apply to a contract when a
district emergency requires the immediate delivery of goods or services. With the
exception of districts previously subject to the requirements of N.J.A.C.
6A:10-2.1(e), N.J.A.C. 6A:23A-6.3 shall not apply to contributions made prior to
its effective date.
N.J.A.C. 6A:23A-6.3
Adopted: June 2013
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EMERGENCY CONTRACTS
6424 EMERGENCY CONTRACTS
Any contract may be negotiated or awarded for a Board of Education without
public advertising for bids and bidding notwithstanding that the contract price will
exceed the bid threshold when an emergency affecting the health or safety of
occupants of school property requires the immediate delivery of goods or the
performance of services.
An actual or imminent emergency must exist requiring the immediate delivery of
the goods or the performance of the service. Emergency contracts may not be
used unless the need for the goods or services could not have been reasonably
foreseen or the need for such goods or services has arisen notwithstanding a good
faith effort on the school district to plan for the purchase of any goods or services
required by the school district. Under no circumstance shall emergency
purchasing procedures be used to enter into a multi-year contract.
If the School Business Administrator/Board Secretary is satisfied that an
emergency exists, he/she shall be authorized to award a contract or contracts for
such purposes as may be necessary to respond to the emergent needs pursuant to
the provisions of N.J.S.A. 18A:18A-7 et seq.
If conditions permit, the School Business Administrator/Board Secretary shall
seek quotations from more than one source. If the expenditures are expected to be
in excess of the bid threshold, the School Business Administrator/Board Secretary
shall attempt to obtain no fewer than three quotations.
As soon as possible, but within three days of declaring the emergency, the
Superintendent of Schools shall notify the Executive County Superintendent of
the nature of the emergency and the estimated need for goods or services
necessary to respond to it.
When emergency conditions have eased, the School Business
Administrator/Board Secretary shall utilize the regular purchasing system to
obtain estimates from suppliers, vendors, and contractors for materials and/or
services that will eliminate the circumstances that created the emergency.
The School Business Administrator/Board Secretary shall prepare and submit a
final report to the Board on every occasion an emergency contract is negotiated or
awarded in accordance with the provisions of N.J.S.A. 18A:18A-7.
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EMERGENCY CONTRACTS
N.J.S.A. 18A:18A-7
N.J.A.C. 5:34-6.1
Adopted: June 2013
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FINANCIAL REPORTS (M)
M
6820 FINANCIAL REPORTS
The Board of Education directs the School Business Administrator/Board
Secretary and the Treasurer of School Moneys, or designee, to make such
accurate and timely reports to county, State, and Federal offices as required by
law and rules of the State Board of Education. In addition, the School Business
Administrator/Board Secretary and Treasurer, or designee, shall report to the
Board on the financial condition of the school district in accordance with law and
in the manner and form required by the State Department of Education. There
shall be a common terminology and classification system used consistently
throughout the budget, the accounts, and the financial reports of each fund. The
district will establish and implement an adequate internal control structure and
procedures for financial reporting.
The School Business Administrator/Board Secretary shall prepare monthly
financial statements, reports of financial condition, operating results, and other
pertinent information in accordance with directions issued by the Commissioner
of Education, to facilitate management control of financial operations, legislative
oversight and, where necessary or desired, for external reporting purposes.
In the event the Board has approved a budget with an expanded coding structure,
the School Business Administrator/Board Secretary shall present the financial
report in two forms. One form shall use the minimum level chart of accounts
established by the State Department of Education and the other shall use the
expanded chart of accounts approved by this Board in accordance with Policy No.
6220.
If no line item account has encumbrances and expenditures that in total exceed the
line item appropriation in violation of N.J.A.C. 6A:23A-16.10(a) the School
Business Administrator/Board Secretary shall so certify to the Board each month.
If a violation has occurred, corrective action as outlined in N.J.A.C. 6A:23A16.10(c)3.i shall be taken by the Board.
The Board of Education, after review of the monthly financial reports and upon
consultation with the appropriate district officials, shall certify in the minutes of
the Board each month that no fund has been overexpended in violation of
N.J.A.C. 6A:23A-16.10(b) and that sufficient funds are available to meet the
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FINANCIAL REPORTS (M)
district’s financial obligations for the remainder of the fiscal year. If the Board is
unable to make such a certification, the Superintendent of Schools shall initiate
the steps outlined in N.J.A.C. 6A:23A-16.10(b) and shall reflect such directive in
the minutes of the Board. If the Board makes such certification but one or more
Board members vote no to the certification, the Board shall provide to the
Executive County Superintendent the Board vote, names of the members that
voted no, and the reason for the no vote.
If the reports of the School Business Administrator/Board Secretary and the
Treasurer differ in cash receipts or expenditures, the School Business
Administrator/Board Secretary shall resolve the difference prior to the next
meeting of the Board. Any difference that cannot be rectified shall be referred
immediately to the Auditor. In the event the School Business
Administrator/Board Secretary is more than two months behind in submitting the
financial report to the Board pursuant to N.J.S.A. 18A:17-9, the Superintendent of
Schools shall report this non-compliance to the Executive County Superintendent.
N.J.S.A. 18A:17-9; 18A:17-36
N.J.S.A. 54:4-75
N.J.A.C. 6A:23A-16.2;
6A:23A-16.9; 6A:23A-16.10
Cross reference: Policy Guide No. 1320
Adopted: June 2013
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AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT (M)
6830 AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT (M)
M
The Board of Education will prepare and publish a Comprehensive Annual
Financial Report (CAFR) in accordance with the requirements of N.J.S.A.
18A:23-1 through 18A:23-7 and N.J.A.C. 6A:23A-16.2(i).
The Board shall annually cause an audit to be made of the district’s accounts and
financial transactions. The audit will be conducted in accordance with law by the
public school accountant appointed by the Board. The Board will engage only a
licensed public school accountant to conduct the audit in accordance with
N.J.S.A. 18A:23-1 et seq. who has an external peer/quality report performed in
accordance with the requirements of N.J.A.C. 6A:23A-16.2(i).
The audit shall include test measures to assure that documentation prepared for
income tax purposes complies fully with the requirements of Federal and State
laws and regulations the compensation which is required to be reported and the
requirements of N.J.A.C. 6A:23A-4.2 and 6A:23A-4.3.
The Board Secretary will receive the audit report and recommendations of the
public school accountant and prepare or have prepared a synopsis or a summary
of the annual audit and recommendations prior to the holding of the Board
meeting where the Board will take action on the report. Copies of the synopsis or
summary will be available for distribution to interested parties at the meeting.
Within thirty days of the receipt of the audit report, the Board will, at a regularly
scheduled public meeting, cause the recommendations of the public school
accountant to be read and discussed and the discussion duly noted in the minutes
of the Board meeting.
The Board will implement the audit recommendations and report such
implementation to the Commissioner.
In the event the district has repeat audit findings in the Auditor’s Management
Report submitted with the CAFR in any year shall, within thirty days of the
CAFR submission, submit to the Executive County Superintendent or State fiscal
monitor, as applicable, a specific corrective action plan for addressing the repeat
audit findings in accordance with the provisions of N.J.A.C. 6A:23A-4.4.
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AUDIT AND COMPREHENSIVE ANNUAL FINANCIAL REPORT (M)
The Board directs the Superintendent and other appropriate district officers and
employees to cooperate fully with the public school accountant and to keep
faithfully such records and reports as will assist in the audit process.
N.J.S.A. 18A:23-1 ; 18A:23-2; 18A:23-2.1; 18A:23-3; 18A:23-4;
18A:23-5; 18A:23-8
N.J.A.C. 6A:23A-4.2; 6A:23A-4.3
Adopted: June 2013
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PUBLIC RECORDS
8310 PUBLIC RECORDS
The Board of Education recognizes its responsibility to maintain the public
records of this district and to make such records available to residents of New
Jersey for inspection and reproduction. The Board designates the Business
Administrator as the custodian of government records for the district.
Government Record or Record (N.J.S.A. 47:1A-1.1)
“Government records” or “records” pursuant to N.J.S.A. 47:1A-1.1 include any
record that has been required by law to be made, maintained, or kept on file by the
Board, its officials, or its employees. Except as such records that may be
exempted by law or this policy, a “government record” or “record” means any
paper, written or printed book, document, drawing, map, plan, photograph,
microfilm, data processed or image processed document, information stored or
maintained electronically or by sound-recording or in a similar device, or any
copy thereof, that has been made, maintained or kept on file in the course of the
official business of the Board of Education or that has been received in the course
of the official business of the Board of Education.
Board meeting minutes may be inspected and copied as soon as they are prepared;
unapproved minutes will be so labeled. Minutes of executive/closed session
Board meetings conducted in accordance with the Open Public Meetings Act will
be preserved separately and will not be available for immediate public inspection.
These minutes will be integrated with minutes of public meetings only after the
matter discussed at the executive/closed session meeting has been made public.
A “government record” or “record” does not include inter-agency or intra-agency
advisory, consultative, or deliberative material.
A “government record” or “record” does not include excluded information as
outlined in N.J.S.A. 47:1A-1.1. The excluded information includes, but is not
limited to, information which is deemed to be confidential as per N.J.S.A.
47:1A-1 et seq. Victims’ records; trade secrets and proprietary commercial or
financial information; any record within the attorney-client privilege;
administrative or technical information regarding computer hardware, software
and networks which, if disclosed, would jeopardize computer security; emergency
or security information or procedures for any buildings or facility which, if
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PUBLIC RECORDS
disclosed, would jeopardize security; security measures and surveillance
techniques and information which, if disclosed, would give an advantage to
competitors or bidders are examples of excluded government records.
Information generated by or on behalf of the Board or Board employees in
connection with any sexual harassment complaint filed within the Board or with
any grievance filed by or against an individual or in connection with collective
negotiations, including documents and statements of strategy or negotiating
position; information which is a communication between the district and its
insurance carrier, administrative service organization or risk management office;
information which is to be kept confidential pursuant to court order and that
portion of any most documents which discloses the social security number, credit
card number, unlisted telephone number or driver license number of any person;
and personnel and pension records of an individual, except the individual’s name,
title of position, salary, payroll record, length of service, date of separation and
the reason therefore, the amount and type of pension he/she receives, and data,
other than detailed medical or psychological information, that shows conformity
with qualifications for employment and pensions are examples of excluded
government records.
Test questions, scoring keys, and other examinations data pertaining to the
administration of an examination for employment or academic examination;
information concerning individual pupil records; grievance or disciplinary
proceedings against a pupil to the extent disclosure would reveal the identity of
the pupil; and all other information as defined as not being a government record in
N.J.S.A. 47:1A-1 et seq. are not government records.
Records of Investigation In Progress (N.J.S.A. 47:1A-3 et seq.)
Records which are sought to be inspected, copied, or examined pertain to an
investigation in progress by the Board and/or administration will be inspected,
copied and/or examined pursuant to N.J.S.A. 47:1A-3.
Inspection, Examination and Copying (N.J.S.A. 47:1A-5 et seq.)
The custodian will permit the government record to be inspected, examined, and
copied pursuant to N.J.S.A. 47:1A-5 et seq. by any person during regular business
hours. In the case of a Board of Education having a total district enrollment of
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500 or fewer, the custodian will permit the records to be inspected, examined and
copied during not less than six regular business hours over not less than three
business days per week or the entity’s regularly-scheduled business hours,
whichever is less, unless the government record is exempt from public access as
per N.J.S.A. 47:1A-1 et seq.
Copy Purchase (N.J.S.A. 47:1A-5 et seq.)
Except as otherwise provided by law or regulation, the fee assessed for the
duplication of a government record embodied in the form of printed matter shall
be $.05 per letter size page or smaller, and $.07 per legal size page or larger. If
the school district can demonstrate that its actual costs for duplication of a
government record exceed the per page rates, the district shall be permitted to
charge the actual cost of duplicating the record. The actual cost of duplicating the
record, upon which all copy fees are based, shall be the cost of materials and
supplies used to make a copy of the record, but shall not include the cost of labor
or overhead expenses associated with making the copy except as provided for in
N.J.S.A. 47:1A-5.c.
Actual copy costs for special copies, such as color printing or blueprints copied
within the school district, shall be calculated separately. Access to electronic
records and non-printed materials shall be provided free of charge, but the district
may charge for the actual costs of any needed supplies such as computer discs.
If the district’s calculated per copy actual cost exceeds the enumerated rates set
forth in N.J.S.A. 47:1A-5.b. the school district, if challenged, must demonstrate
its actual costs are indeed higher than those enumerated rates and are therefore
justified.
Whenever the nature, format, manner of collation, or volume of a government
record embodied in the form of printed matter to be inspected, examined, or
copied pursuant to this policy is such that the record cannot be reproduced by
ordinary document copying equipment in ordinary business size or involves an
extraordinary expenditure of time and effort to accommodate the request, the
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district may charge, in addition to the actual cost of duplicating the record, a
special service charge that will be reasonable and will be based upon the actual
direct cost of providing the copy or copies. The custodian will provide the
requestor an opportunity to review and object to the charge prior to it being
incurred.
A custodian will permit access to a government record and provide a copy thereof
in the medium requested if the district maintains the record in that medium. If the
district does not maintain the record in the medium requested, the custodian will
either convert the record to the medium requested or provide a copy in some other
meaningful medium. If a request is for a record in a medium not routinely used
by the district; not routinely developed or maintained by the district or requiring a
substantial amount of manipulation or programming of information technology,
the district may charge, in addition to the actual cost of duplication, a special
charge that will be reasonable and based on the cost for any extensive use of
information technology, or for the labor cost of personnel providing the service,
that is actually incurred by the district or attributable to the district for the
programming, clerical, and supervisory assistance required, or both.
Immediate access ordinarily will be granted to budgets, bills, vouchers, contracts,
including collective negotiations agreements and individual employment
contracts, and public employee salary and overtime information.
The custodian will adopt a form for the use of any person who requests access to a
government record held or controlled by the district. The request form will
include information in accordance with the requirements of N.J.S.A. 47:1A-5.f.
Requests for access to a government record shall be in writing and handdelivered, or mailed, to the custodian. The custodian will also accept a request for
access to a government record that is transmitted electronically,. The custodian
will promptly comply with a request in accordance with N.J.S.A. 47:1A-5.g.
Any officer or employee of the district who receives a request for access to a
government record will forward the request to the custodian of the record or direct
the requestor to the custodian of the record.
The custodian will grant access to a government record or deny a request for
access to a government record in accordance with N.J.S.A. 47:1A-5.i and as soon
as possible, but not later than seven business days after receiving the request,
provided that the record is currently available and not in storage or archived.
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A custodian will post prominently in public view in the part of the office of the
custodian that is open to or frequented by the public a statement that sets forth in
clear, concise and specific terms the right to appeal a denial of, or failure to
provide, access to a government record by any person for inspection, examination,
or copying or for purchase of copies thereof and the procedure by which an appeal
may be filed.
Challenge to Access Upon Denial (N.J.S.A. 47:1A-6)
A person who is denied access to a government record by the custodian, at the
option of the requestor, may institute a proceeding to challenge the custodian’s
decision by filing an action in Superior Court or in lieu of filing an action in
Superior Court, file a complaint with the Government Records Council
established pursuant to Section 8 of P.L.2001, c. 404 (C.47:1A-7). If it is
determined that access was improperly denied, the court or agency head shall
order that access be allowed. A requestor who prevails in any proceeding shall be
entitled to a reasonable attorney’s fee. A public official, officer, employee, or
custodian who knowingly and willfully violates N.J.S.A. 47:1A-1 et seq. and is
found to have unreasonably denied access under the totality of the circumstances,
shall be subject to the penalties and disciplinary proceedings in accordance with
N.J.S.A. 47:1A-11.
Government Records Council (N.J.S.A. 47:1A-7 et seq.)
The Board and the custodian of records will comply with the requirements and
guidelines from the Government Records Council in accordance with N.J.S.A.
47:1A-7.
Common Right Law Right of Access (N.J.S.A. 47:1A-8)
Nothing contained in N.J.S.A. 47:1A-1 et seq. will be construed as limiting the
common law right of access to a government record, including criminal
investigative records of a law enforcement agency.
Construction with Other Laws (N.J.S.A. 47-1A-9 et seq.)
The provisions of this policy and N.J.S.A. 47:1A-1 et seq. shall not abrogate any
exemption of a public or government record from public access heretofore made
pursuant to N.J.S.A. 47:1A-1 et seq.; any other statute; resolution of either or both
Houses of the Legislature; regulation promulgated under the authority of any
statute or Executive Order of the Governor; Executive Order of the Governor;
Rules of Court; any Federal law; Federal regulation; or Federal order.
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The provisions of this policy and N.J.S.A. 47:1A-1 et seq. shall not abrogate or
erode any executive or legislative privilege or grant of confidentiality heretofore
established or recognized by the Constitution of this State, statute, court rule or
judicial case law, which privilege or grant of confidentiality may duly be claimed
to restrict public access to a public or government record.
N.J.S.A. 10:4-14
N.J.S.A. 47:1A-1.1 et seq.
Adopted: June 2013
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R 8310 PUBLIC RECORDS
A.
Definitions (N.J.S.A. 47:1A-1.1)
"Board" means the Matawan-Aberdeen Board of Education, school staff,
including members of the administration, and any persons acting on behalf
of the Board of Education.
"Public agency" or “agency” means any of the principal departments in the
Executive Branch of State Government, and any division, board, bureau,
office, commission or other instrumentality within or created by such
department; the Legislature of the State and any office, board, bureau or
commission within or created by the Legislative Branch; and any
independent State authority, commission, instrumentality, or agency. The
terms also mean any political subdivision of the State or combination of
political subdivisions, and any division, board, bureau, office, commission
or other instrumentality within or created by a political subdivision of the
State or combination of political subdivisions, and any independent
authority, commission, instrumentality, or agency created by a political
subdivision or combination of political subdivisions.
"Custodian of a government record" or "custodian" is the officer officially
designated by formal action of the Board of Education.
B.
Government Record or Record (N.J.S.A. 47:1A-1.1)
1.
Any paper, written or printed book, document, drawing, map, plan,
photograph, microfilm, data processed or image processed
document, information stored or maintained electronically or by
sound-recording or in a similar device, or any copy thereof, that
has been made, maintained or kept on file in the course of his or its
official business of the Board of Education or that has been
received in the course of his or its official business of the Board of
Education.
2.
A “government record” or “record” does not include inter-agency
or intra-agency advisory, consultative, or deliberative material.
3.
A “government record” or “record” does not include excluded
information as outlined in N.J.S.A. 47:1A-1.1. The excluded
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information includes, but is not limited to, the following
information which is deemed to be confidential as per N.J.S.A.
47:1A-1 et seq.:
a.
Victims’ records, except that a victim of a crime shall have
access to the victim's own records;
b.
Trade secrets and proprietary commercial or financial
information obtained from any source. Trade secrets shall
include data processing software obtained by the district
under a licensing agreement which prohibits its disclosure;
c.
Any record within the attorney-client privilege. This will
not be construed as exempting from access attorney or
consultant bills or invoices except that such bills or
invoices may be redacted to remove any information
protected by the attorney-client privilege;
d.
Administrative or technical information regarding
computer hardware, software and networks that, if
disclosed, would jeopardize computer security;
e.
Emergency or security information or procedures for any
buildings or facility that, if disclosed, would jeopardize
security of the building or facility or persons therein;
f.
Security measures and surveillance techniques that, if
disclosed, would create a risk to the safety of persons,
property, electronic data or software;
g.
Information that, if disclosed, would give an advantage to
competitors or bidders;
h.
Information generated by or on behalf of the Board or
Board employees in connection with any sexual harassment
complaint filed within the Board or with any grievance
filed by or against an individual or in connection with
collective negotiations, including documents and
statements of strategy or negotiating position;
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i.
Information that is a communication between the district
and its insurance carrier, administrative service
organization or risk management office;
j.
Information that is to be kept confidential pursuant to court
order;
k.
That portion of any document which discloses the social
security number, credit card number, unlisted telephone
number or driver license number of any person; except for
use by any government agency, including any court or law
enforcement agency, in carrying out its functions, or any
private person or entity acting on behalf thereof, or any
private person or entity seeking to enforce payment of
court-ordered child support; except with respect to the
disclosure of driver information by the Division of Motor
Vehicles as permitted by Section 2 of P.L.1997, c. 188
(C.39:2-3.4); and except that a social security number
contained in a record required by law to be made,
maintained or kept on file by a public agency shall be
disclosed when access to the document or disclosure of that
information is not otherwise prohibited by State or Federal
law, regulation or order or by State statute, resolution of
either or both houses of the Legislature, Executive Order of
the Governor, rule of court or regulation promulgated under
the authority of any statute or executive order of the
Governor;
l.
Personnel and pension records of an individual, including
records relating to any grievance filed by or against an
individual, except the individual's name, title, position,
salary, payroll record, length of service, date of separation
and the reason therefore, the amount and type of pension
he/she receives, and data, other than detailed medical or
psychological information, that shows conformity with
qualifications for employment and pensions. Personnel or
pension records of any individual shall be accessible when
required to be disclosed by law, when disclosure is
essential to the performance of official duties of a person
duly authorized by this State or the United States, or when
authorized by an individual in interest;
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C.
m.
Test questions, scoring keys, and other examinations data
pertaining to the administration of an examination for
employment or academic examination;
n.
Information concerning pupil records or grievance or
disciplinary proceedings against a pupil to the extent
disclosure would reveal the identity of the pupil; and
o.
All other information listed as being confidential and not a
government record as defined in N.J.S.A. 47:1A-1.1.
Records of Investigation In Progress (N.J.S.A. 47:1A-3)
1.
Notwithstanding the provisions of N.J.S.A 47:1A:1 et seq., where
it appears the record or records which are sought to be inspected,
copied, or examined shall pertain to an investigation in progress by
the Board and/or administration:
a.
b.
2.
D.
The right to inspection, copying and/or examination may be
denied if the inspection, copying or publication of such
record or records will be inimical/detrimental to the public
interest. This provision will not be construed to prohibit
the Board and/or custodian from opening such record or
records if not otherwise prohibited by law or to prohibit
access to a record that was open for public inspection,
examination, or copying before the investigation
commenced; and
If the Board, during the course of an investigation, obtains
from another public agency a government record that was
open for public inspection, examination or copying before
the investigation commenced, the Board will provide the
other agency with sufficient access to the record to allow
the other agency to comply with requests made pursuant to
N.J.S.A. 47:1A-1 et seq.
Notwithstanding the provisions of N.J.S.A. 47:1A-1 et seq., the
information concerning a criminal investigation will be available to
the public in accordance with N.J.S.A. 47:1A-3.b.
Inspection, Examination and Copying (N.J.S.A. 47:1A-5 et seq.)
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1.
The custodian will permit the government record to be inspected,
examined, and copied by any person during regular business
hours. In the case of a Board of Education having a total district
enrollment of 500 or fewer, the custodian will permit the records to
be inspected, examined and copied during not less than six regular
business hours over not less than three business days per week or
the entity's regularly-scheduled business hours, whichever is less,
unless the government record is exempt from public access as per
N.J.S.A. 47:1A-5.a.
2.
Prior to allowing access to any government record, the custodian
will redact from that record any information which discloses the
social security number, credit card number, unlisted telephone
number, or driver license number of any person, except:
a.
If the record is being used by any government agency,
including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on
behalf thereof, or any private person or entity seeking to
enforce payment of court-ordered child support;
b.
With respect to the disclosure of driver information by the
Division of Motor Vehicles as permitted by section 2 of
P.L.1997, c. 188 (C.39:2-3.4);
c.
That a social security number contained in a record
required by law to be made, maintained or kept on file by a
public agency shall be disclosed when access to the
document or disclosure of that information is not otherwise
prohibited by State or Federal law, regulation or order or by
State statute, resolution of either or both houses of the
Legislature, Executive Order of the Governor, rule of court
or regulation promulgated under the authority of any statute
or executive order of the Governor; and
d.
Where an agency can demonstrate an emergent need, a
regulation that limits access to government records shall
not be retroactive in effect or applied to deny a request for
access to a government record that is pending before the
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agency, the council or a court at the time of the adoption of
the regulation.
E.
Copy Purchase (N.J.S.A. 47:1A-5 et seq.)
1.
The custodian shall charge the requestor a fee for a copy or copies
of a government record in accordance with the provisions of
N.J.S.A. 47:1A-5.b. Except as otherwise provided by law or
regulation, the fee assessed for the duplication of a government
record embodied in the form of printed matter shall be $.05 per
letter size page or smaller, and $.07 per legal size page or larger.
a.
If the school district can demonstrate that its actual costs
for duplication of a government record exceed the per page
rates, the school district shall be permitted to charge the
actual cost of duplicating the record. The actual cost of
duplicating the record, upon which all copy fees are based,
shall be the cost of materials and supplies used to make a
copy of the record, but shall not include the cost of labor or
overhead expenses associated with making the copy except
as provided for in N.J.S.A. 47:1A-5.c. and E.2. below.
b.
The calculation of actual costs shall be as follows:
(1)
The custodian should contact the school district’s
supplier(s) to determine the cost of paper and toner.
A supplier is wherever the district obtains copying
materials such as paper and toner.
(2)
The custodian should calculate or contact the
copying company to determine the school district’s
annual school year copying volume. This volume
shall not only include copies pertaining to OPRA
requests, but shall include all copying on all copy
machines in the district for all purposes.
(3)
The custodian should contact the copying company
to determine the average paper life of one toner/ink
cartridge (i.e. how many pieces of paper the ink or
toner should be able to copy).
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2.
(4)
The custodian shall maintain documentation of all
information provided by the copying company or
office supplier (i.e. contracts or correspondence
from purchasing agent or copying company)
regarding this calculation.
(5)
The actual calculation is the total cost of paper
purchased for one school year plus the total cost of
toner purchased for one school year divided by the
annual copying volume. This calculation can be
averaged for all copy machines in the district that
produce letter and legal copies.
(6)
Actual copy costs for special copies, such as color
printing or blueprints copied within the school
district, shall be calculated separately.
c.
If the district’s calculated per copy actual cost exceeds the
enumerated rates set forth in N.J.S.A. 47:1A-5.b. and E.1.
above, the school district, if challenged, must demonstrate
its actual costs are indeed higher than those enumerated
rates and are therefore justified.
d.
Access to electronic records and non-printed materials shall
be provided free of charge, but the district may charge for
the actual costs of any needed supplies such as computer
discs.
Whenever the nature, format, manner of collation, or volume of a
government record embodied in the form of printed matter to be
inspected, examined, or copied pursuant to this Regulation is such
that the record cannot be reproduced by ordinary document
copying equipment in ordinary business size or involves an
extraordinary expenditure of time and effort to accommodate the
request, the district may charge, in addition to the actual cost of
duplicating the record, a special service charge that will be
reasonable and will be based upon the actual direct cost of
providing the copy or copies. The custodian will provide the
requestor an opportunity to review and object to the charge prior to
it being incurred.
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3.
A custodian shall permit access to a government record and
provide a copy thereof in the medium requested if the district
maintains the record in that medium. If the district does not
maintain the record in the medium requested, the custodian will
either convert the record to the medium requested or provide a
copy in some other meaningful medium.
4.
If a request is for a record in a medium not routinely used by the
district; not routinely developed or maintained by the district or
requiring a substantial amount of manipulation or programming of
information technology, the district may charge, in addition to the
actual cost of duplication, a special charge that will be reasonable
and based on the cost for any extensive use of information
technology, or for the labor cost of personnel providing the service,
that is actually incurred by the district or attributable to the district
for the programming, clerical, and supervisory assistance required,
or both.
5.
Immediate access ordinarily will be granted to budgets, bills,
vouchers, contracts, including collective negotiations agreements
and individual employment contracts, and public employee salary
and overtime information.
6.
The custodian will adopt a form for the use of any person who
requests access to a government record held or controlled by the
public agency. The form will provide:
a.
Space for the name, address, and phone number of the
requestor and a brief description of the government record
sought;
b.
Space for the custodian to indicate which record will be
made available, when the record will be available, and the
fees to be charged;
c.
Specific directions and procedures for requesting a record;
d.
A statement as to whether prepayment of fees or a deposit
is required;
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e.
The time period within which the school district is required
by N.J.S.A. 47:1A-1 et seq. to make the record available;
f.
A statement of the requestor's right to challenge a decision
to deny access and the procedure for filing an appeal;
g.
Space for the custodian to list reasons if a request is denied
in whole or in part;
h.
Space for the requestor to sign and date the form; and
i.
Space for the custodian to sign and date the form if the
request is fulfilled or denied.
7.
The custodian may require a deposit against costs for reproducing
documents sought through an anonymous request whenever the
custodian anticipates that the information thus requested will cost
in excess of $5.00 to reproduce.
8.
Request for access to a government record shall be in writing and
hand-delivered, or mailed, to the custodian. The custodian will
also accept a request for access to a government record that is
transmitted electronically.
9.
The custodian will promptly comply with a request to inspect,
examine, copy, or provide a copy of a government record.
10.
If the custodian is unable to comply with a request for access, the
custodian will indicate the specific basis therefore on the request
form and promptly return it to the requestor.
11.
The custodian will sign and date the form and provide the
requestor with a copy thereof.
12.
If the custodian asserts that part of a particular record is exempt
from public access pursuant to N.J.S.A. 47:1A-1 et seq. the
custodian will delete or excise from a copy of the record that
portion which the custodian asserts is exempt from access and shall
promptly permit access to the remainder of the record.
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13.
If the government record requested is temporarily unavailable
because it is in use or in storage, the custodian will advise the
requestor and will make arrangements to promptly make available
a copy of the record.
14.
If a request for access to a government record would substantially
disrupt school district operations, the custodian may deny access to
the record after attempting to reach a reasonable solution with the
requestor that accommodates the interests of the requestor and the
district.
15.
Any officer or employee of the district who receives a request for
access to a government record will forward the request to the
custodian of the record or direct the requestor to the custodian of
the record.
16.
Unless a shorter time period is otherwise provided by statute,
regulation, or executive order, the custodian will grant access to a
government record or deny a request for access to a government
record as soon as possible, but not later than seven business days
after receiving the request, provided that the record is currently
available and not in storage or archived.
a.
In the event the custodian fails to respond within seven
business days after receiving a request, the failure to
respond will be deemed a denial of the request, unless the
requestor has elected not to provide a name, address or
telephone number, or other means of contacting the
requestor.
b.
If the requestor has elected not to provide a name, address,
or telephone number, or other means of contacting the
requestor, the custodian will not be required to respond
until the requestor reappears before the custodian seeking a
response to the original request.
c.
If the government record is in storage or archived, the
requestor will be so advised within seven business days
after the custodian receives the request. The requestor will
be advised by the custodian when the record can be made
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available. If the record is not made available by that time,
access shall be deemed denied.
17.
F.
Challenge to Access Upon Denial (N.J.S.A. 47:1A-6)
1.
2.
G.
A custodian will post prominently in public view in the part or
parts of the office or offices of the custodian that are open to or
frequented by the public a statement that sets forth in clear, concise
and specific terms the right to appeal a denial of, or failure to
provide, access to a government record by any person for
inspection, examination, or copying or for purchase of copies
thereof and the procedure by which an appeal may be filed.
A person who is denied access to a government record by the
custodian, at the option of the requestor, may:
a.
Institute a proceeding to challenge the custodian's decision
by filing an action in Superior Court; or
b.
In lieu of filing an action in Superior Court, file a complaint
with the Government Records Council established pursuant
to section 8 of P.L.2001, c. 404 (C.47:1A-7).
The right to institute any proceeding under N.J.S.A. 47:1A-6 will
be solely that of the requestor. Any such proceeding shall proceed
in a summary or expedited manner. The Board will have the
burden of proving that the denial of access is authorized by law. If
it is determined that access has been improperly denied, the court
or agency head shall order that access be allowed. A requestor
who prevails in any proceeding shall be entitled to a reasonable
attorney’s fee.
Government Records Council (N.J.S.A. 47:1A-7 )
The Board and the custodian of records will comply with the requirements
and guidelines from the Government Records Council in accordance with
N.J.S.A. 47:1A-7.
H.
Common Right Law Right of Access (N.J.S.A. 47:1A-8)
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Nothing contained in N.J.S.A. 47:1A-1 et seq. shall be construed as
limiting the common law right of access to a government record, including
criminal investigative records of a law enforcement agency.
I.
Construction with Other Laws (N.J.S.A. 47-1A-9 et seq.)
1.
The provisions of this Regulation and N.J.S.A. 47:1A-1 et seq.
shall not abrogate any exemption of a public record or government
record from public access heretofore made pursuant to N.J.S.A.
47:1A-1 et seq.; any other statute; resolution of either or both
Houses of the Legislature; regulation promulgated under the
authority of any statute or Executive Order of the Governor;
Executive Order of the Governor; Rules of Court; any Federal law;
Federal regulation; or Federal order.
2.
The provisions of this Regulation and N.J.S.A. 47:1A-1 et seq.
shall not abrogate or erode any executive or legislative privilege or
grant of confidentiality heretofore established or recognized by the
Constitution of this State, statute, court rule or judicial case law,
which privilege or grant of confidentiality may duly be claimed to
restrict public access to a public record or government record.
Adopted: June 2013
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BOMB THREATS (M)
M
R 8420.2 BOMB THREATS
A “bomb threat” consists of a message, regardless of the source or form or truth
of the message, that someone has placed or intends to place in the school an
explosive device or any material that will cause significant harm to persons in the
school or damage to school property. The bomb threat message may be a
telephone call, written, e-mailed, rumored, graffiti or any other communication
method.
A.
Procedures When a Bomb Threat is Received
1.
A bomb threat received by any school employee will be
immediately relayed to the Principal or designee.
2.
A written bomb threat should be placed in a folder or a folded
paper and should be handled as little as possible.
3.
If possible, a telephoned bomb threat should be transferred to the
Principal or designee.
a.
The Principal or other person who talks to the caller will
attempt to keep the caller on the line as long as possible to
enhance the chance to identify the telephone caller.
b.
The person talking to the caller should attempt to obtain, by
direct questioning and by listening to background clues,
and record in writing as much information as possible
about:
(1)
The alleged bomb (e.g., its nature, size, specific
location, what will cause detonation, detonation
time);
(2)
The caller (e.g., name, address, location, gender,
age, background, motive);
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.2/Page 2 of 5
BOMB THREATS (M)
B.
(3)
The identity of the person who placed the bomb, if
the caller denies responsibility;
(4)
The means by which the bomb was delivered to the
site.;
(5)
The caller’s voice (e.g., calm, angry, excited, slow,
rapid, loud, slurred, distinct, familiarity); and
(6)
Background sounds (e.g. street noises, music, office
or factory machinery, animal noises, voices).
Procedures to be Used After a Bomb Threat is Received
1.
2.
The Principal or designee will immediately call:
a.
The Police Department/local law enforcement,;
b.
The Fire Department,; and
c.
The Superintendent's office.
If the Principal or designee determines there is reasonable cause to
believe an explosive device is present and an immediate
evacuation is warranted, the Principal or designee will order the
immediate evacuation of the school building. The evacuation will
be conducted as follows:
a.
The fire drill alarm may include a building designated code
to indicate that a bomb threat has been received;
b.
If the Principal or designee determines that time permits,
pupils will empty their lockers and leave them unlocked;
and
c.
School staff members and pupils will be evacuated to a
waiting place at least 1000 feet from the school building
and behind cover or to a predetermined area outside the
school building.
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.2/Page 3 of 5
BOMB THREATS (M)
3.
If the Principal or designee determines an immediate evacuation is
not warranted the building will not be immediately evacuated until
law enforcement officials arrive on the scene and are provided
control of the bomb threat situation.
4.
The Principal or designee will also:
5.
a.
Prohibit the use of any electronic communication devices to
include, but not be limited to cellular telephones and
walkie-talkies;
b.
Ensure any school buses enroute to the school or other
vehicles entering the school grounds are redirected to a
designated alternative location pending further instructions
from law enforcement officials;
c.
Notify and maintain contact with the Superintendent of
Schools regarding the communication to be released to
parents, community and media; and
d.
Allow law enforcement officials to control the scene upon
their arrival.
School staff members, upon receiving notice the school is being
evacuated for a bomb threat, will:
a.
Direct pupils to gather personal belongings in the
classroom or within their immediate area;
b.
Instruct pupils to not use any electronic communication
device until instructed otherwise;
c.
Conduct a quick visual survey of their classrooms for any
suspicious or unfamiliar objects and report such to the
Principal or designee;
d.
Leave the windows and doors of their vacated rooms open
and do not turn on or turn off any light or electrical switch;
e.
Take the pupil roster and the day’s attendance;
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.2/Page 4 of 5
BOMB THREATS (M)
f.
Lead their class or the pupils under their supervision upon
receiving the evacuation notice to the evacuation area;
g.
Take attendance when arriving at the evacuation area and
report any additional pupils or missing pupils to the
h.
Not allow any pupil to re-enter the building, leave the
evacuation area, or be dismissed from school unless
authorized by the Principal or designee or law enforcement
officials; and
i.
Not speak to the media or permit media to interview any
pupil.
6.
If law enforcement officials determine the building can be reentered, the Principal or designee will order the building to be reentered. The regular instructional program will be resumed as
quickly as possible. If the bomb threat disruption has occurred late
in the school day, the Principal may recommend to the
Superintendent that the school be closed and pupils dismissed.
7.
In the event an explosive device is found in the school building or
on school grounds threatening the safety of staff and pupils, the
Principal or designee will:
a.
Work with law enforcement officials to ensure the
continued safety of pupils and staff;
b.
Notify school officials at the evacuation assembly locations
of the situation that pupils will be released for the day; and
c.
In consultation with the Superintendent of Schools and law
enforcement officials, will coordinate pupil dismissal
procedures from the evacuation assembly areas and family
notification and reunification protocols.
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.2/Page 5 of 5
BOMB THREATS (M)
8.
The school district will provide school district staff and other
school district crisis response team members to provide counseling
and support as needed.
9.
All bomb threat procedures will be conducted with seriousness and
dispatch. It is the intention of these regulations that the school
community be protected against harm without conferring notoriety
on the person who threatens harm.
10.
In the event an explosion occurs while the building is evacuated,
the Principal or designee, in consultation with the Superintendent
of Schools and law enforcement officials, will coordinate pupil
dismissal procedures from the evacuation assembly areas and
family notification and reunification protocols.
11.
The Principal will submit to the Superintendent a written report of
each bomb threat received, the steps taken in response, and the
outcome of the threat.
These procedures are recommended for implementation in the event a bomb
threat is received. However, based on the circumstance or situation, the Principal
or designee or law enforcement officials may modify these procedures if it is
determined modification is needed to best protect the building’s occupants.
Critical Incident Response Procedures for School Administrators, Faculty and
Staff – The New Jersey Office of Homeland Security and Preparedness and the
New Jersey Department of Education - 2010
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.7/Page 1 of 4
LOCKDOWN PROCEDURES (M)
M
R 8420.7 LOCKDOWN PROCEDURES
In the event it is determined by the Principal or designee a circumstance or
situation requires the school building’s occupants to remain secure within the
school building, the Principal or designee may implement lockdown procedures.
The following procedures shall be enacted during a lockdown which shall begin
with notification to the building’s occupants that all occupants should commence
lockdown procedures. The notification may be a public address announcement or
may be a discreet notification depending on the circumstance or situation.
A.
Procedures in the Event it is Determined a Lockdown is Warranted
1.
2.
The Principal and/or designee will immediately:
a.
Inform the Superintendent of Schools;
b.
Contact local law enforcement;
c.
Deactivate fire alarm pull stations without disengaging the
fire sensors, if feasible, until law enforcement officials
arrive on scene; and
d.
Deactivate school bell systems, if feasible, until law
enforcement officials arrive on scene.
The Principal and/or designee will also:
a.
Communicate to any staff outside the building to stop
pedestrians and vehicles, including school buses, from
entering the school grounds;
b.
Assign a staff member in the main office to maintain
communication with classrooms and monitor status and, if
needed, designate a staff member to meet and brief local
law enforcement upon their arrival;
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.7/Page 2 of 4
3.
4.
c.
Determine, in consultation and with the approval of the
Superintendent of Schools, the most appropriate means to
communicate information to be released to parents,
community, and media; and
d.
Will allow local law enforcement officials to control the
scene upon their arrival.
School staff members, upon receiving notice the school needs to be
in a lockdown situation, will:
a.
Turn off all lights, close blinds/shades and turn off
electronic equipment:
b.
Instruct pupils to be absolutely quiet and discourage the
individual use of cellular telephones.;
c.
Instruct classroom occupants to get on the floor in a sitting
or crouching position and direct pupils away from doors
and windows wherever possible.;
d.
Close and lock doors and windows from inside the room, if
possible.;
e.
Secure all staff, pupils and visitors, including those from
hallways, behind locked doors, restrooms, gymnasiums,
and other non-classroom areas without risking their own
safety or the safety of others already secure.;
f.
Not permit anyone to leave a secured room or area until
notified by the Principal or designee or law enforcement
officials; and
g.
Ignore bells or alarms unless otherwise notified by the
Principal or designee or law enforcement officials.
Any school staff member not supervising pupils at the time of the
lockdown notification should go to the nearest classroom or secure
area to assist other staff members with pupils. These staff
members should ensure any pupils in hallways and other unsecured
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.7/Page 3 of 4
and open areas are taken to the nearest classroom and/or secured
area.
B.
5.
Teachers shall take pupil attendance for the pupils within their
secured area and report any additional pupils in the room and any
missing pupils.
6.
Office personnel should remain in the general office areas or any
other area that can be secured from the inside. All office doors
shall be locked and secured to prevent entrance by an outside
intruder.
7.
The building’s occupants should remain in lockdown condition
until an announcement indicating the lockdown is over.
8.
Lockdown Procedures for Those in Exposed Areas - Physical
education classes using outside facilities shall, under the direction
of the teacher, report to the nearest school entrance and upon
entering the building locate to a secure classroom or location
within the building. If there is reason to believe these pupils may
be at risk re-entering the building, the pupils may be directed to
another secure location off school grounds and/or away from the
building.
Procedures After Lockdown Situation is Brought Under Control
1.
After the lockdown situation has been brought under control, the
Principal or designee or law enforcement officials will
communicate to building occupants the lockdown situation has
ended.
2.
Evacuation of the building after the lockdown situation has been
declared under control shall be under the direction of the Principal
or designee and law enforcement officials.
3.
The Principal or designee, in consultation and with the approval of
the Superintendent of Schools, will coordinate family reuniting
procedures.
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.7/Page 4 of 4
4.
The school district will provide school district staff and other
school district crisis response team members to provide counseling
and support as needed.
5.
The Principal or designee will debrief with local law enforcement
and all other agencies involved in the school lockdown situation.
These lockdown procedures are recommended for implementation in the event it
is determined a lockdown is needed. However, based on the circumstance or
situation, the Principal or designee or law enforcement officials may modify these
procedures if he/she determines modification is needed to best protect the
building’s occupants.
Adopted: June 2013
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.10/Page 1 of 5
ACTIVE SHOOTER (M)
M
R 8420.10 ACTIVE SHOOTER
An active shooter or armed assault in a school building or on school grounds
involves one or more individuals’ intent on causing physical harm to pupils and
school staff. Intruders may possess weapons or other harmful devices. In an
active shooter situation, one or more subjects who are believed to be armed has
used or threatened to use a weapon to inflict serious bodily injury to another
person and/or continues to do so while having unrestricted access to additional
victims, their actions have demonstrated their intent to continuously harm others,
and their overriding objective appears to be that of mass injury.
A.
Procedures in the Event of an Active Shooter in the School or on School
Grounds
1.
If the Principal or designee determines there is an active shooter in
the school or on school grounds he/she will immediately:
a.
Order a lockdown of the school building. The notification
may be a public address announcement or may be a discreet
notification depending on the circumstance or situation;
b.
Contact local law enforcement;
c.
Inform the Superintendent of Schools;
d.
Deactivate fire alarm pull stations without disengaging the
fire sensors, if feasible, until law enforcement officials
arrive on scene;
e.
Deactivate school bell systems, if feasible, until law
enforcement officials arrive on scene; and
f.
Direct staff and pupils outside the building, if the active
shooter is believed to be in the building, to move
immediately to a predetermined evacuation assembly
location and be prepared to evacuate the school site, if
necessary.
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.10/Page 2 of 5
ACTIVE SHOOTER (M)
2.
3.
The Principal and/or designee will also:
a.
Communicate to any staff outside the building to stop
pedestrians and vehicles, including school buses, from
entering the school grounds;
b.
Assign a staff member in the main office to maintain
communication with classrooms and monitor status and, if
needed, designate a staff member to meet and brief local
law enforcement upon their arrival;
c.
Determine, in consultation and with the approval of the
Superintendent of Schools, the most appropriate means to
communicate information to be released to parents,
community, and media; and
d.
Will allow local law enforcement officials to control the
scene upon their arrival.
School staff members, upon receiving notice there may be an
intruder or active shooter in the school building or on school
grounds, will:
a.
If not already confirmed, upon first indication of an
intruder or armed intruder will immediately notify the
b.
Turn off all lights, close blinds/shades, and turn off
electronic equipment;
c.
Instruct pupils to be absolutely quiet and not to use any
individual electronic communication device;
d.
Instruct classroom occupants to get on the floor in a sitting
or crouching position and direct pupils away from doors
and windows wherever possible;
e.
Close and lock doors and windows from inside the room, if
possible;
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.10/Page 3 of 5
ACTIVE SHOOTER (M)
f.
Secure all staff, pupils, and visitors, including those in the
hallways, behind locked doors, restrooms, gymnasiums,
and other non-classroom building areas without risking
their own safety or the safety of others already secure;
g.
Not permit anyone to leave a secured room or area until
notified by the Principal or designee or law enforcement
officials; and
h.
Ignore bells or alarms unless otherwise notified by the
Principal or designee or law enforcement officials.
4.
Any school staff member not supervising pupils at the time of the
lockdown notification should go to the nearest classroom or secure
area to assist other staff members with pupils. These staff
members should ensure any person in hallways and other
unsecured and open areas are taken to the nearest classroom and/or
secured area.
5.
Teachers shall take pupil attendance for the pupils within their
secured area and report any additional pupils in the room and any
missing pupils.
6.
Office personnel should remain in the general office areas or any
other area that can be secured. All office doors shall be locked and
secured to prevent entrance by an outside intruder.
7.
The building’s occupants should remain in lockdown condition
until an announcement indicating the lockdown is over.
8.
Physical education classes using outside facilities, under the
direction and supervision of the teacher, shall report to the nearest
school entrance and upon entering the building locate to a secure
classroom or location within the building. If there is reason to
believe pupils outside the school building may be at risk reentering the building, the pupils may be directed to another secure
location off school grounds and/or away from the building.
9.
The school may establish a predetermined code word or procedure
for a staff member to communicate with the school office or
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.10/Page 4 of 5
ACTIVE SHOOTER (M)
administrative staff in the event an intruder enters a classroom or
other secured area.
10.
B.
The Principal or designee may establish with local law
enforcement officials a notification procedure in the event an
active shooter or intruder is believed to be in the school building.
The notification procedure would alert law enforcement officials if
a classroom or other secured area is safe and secure or if
emergency assistance is needed. The procedure may be a color
card system placing colored cards inside or outside doors or
windows or any other procedure agreed to by the Principal and
local law enforcement.
Procedures After Active Shooter Situation is Brought Under Control
1.
After the active shooter situation has been brought under control,
the Principal or designee or law enforcement officials will
communicate to building occupants the active shooter situation has
ended.
2.
Evacuation of the building after the active shooter situation has
been declared under control shall be under the direction of the
Principal or designee and law enforcement officials.
3.
The Principal or designee, in consultation and with the approval of
the Superintendent of Schools, will coordinate family reunification
procedures.
4.
The school district will provide school district staff and other crisis
response team members to provide counseling and support as
needed.
5.
The Principal or designee will debrief with local law enforcement
and all other agencies involved in the active shooter situation.
6.
The Superintendent of Schools, in consultation with the Principal
and law enforcement officials, will determine when school can
resume normal activities and will communicate this information to
staff, parents, and the community.
These active shooter procedures are recommended for implementation in the
event it is determined an active shooter may be in a school building or on school
REGULATION
BOARD OF EDUCATION
OPERATIONS
R 8420.10/Page 5 of 5
ACTIVE SHOOTER (M)
grounds. However, based on the circumstance or situation, the Principal or
designee or law enforcement officials may modify these procedures if he/she
determines modification is needed to best protect the building’s occupants.
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
OPERATIONS
8613/Page 1 of 1
WAIVER OF PUPIL TRANSPORTATION
8613 WAIVER OF PUPIL TRANSPORTATION
The Board of Education is required to provide transportation services for the
school year to an elementary pupil living more than two miles from the public
school of attendance or to a secondary school pupil living more than two and onehalf miles from the public school of attendance in accordance with the provisions
of N.J.S.A. 18A:39-1 et seq.
The Board shall determine pupil transportation needs and approve pupil
transportation routes based on all pupils eligible for transportation in accordance
with the provisions of N.J.S.A. 18A:39-1 et seq. and any less than remote,
courtesy busing, and/or hazardous route transportation determined by the Board
of Education. However, while providing school bus seats for those pupils eligible
for transportation each school year, the Board recognizes certain pupils eligible
for transportation services voluntarily elect not to use the transportation services
offered by the Board resulting in empty seats on school buses going to and from
school. To assist the Board in operating the school district’s transportation
system in the most cost-effective manner, the Board may provide a pupil’s
parent/guardian the option of waiving transportation services for that school year
in accordance with the provisions of N.J.S.A. 18A:39-1c. In the event the Board
provides this option, a pupil’s parent/guardian will be required to sign a written
statement indicating the pupil waives transportation services for that school year.
The written statement shall be in such form as determined by the New Jersey
Department of Education.
In the event a parent/guardian of a pupil eligible for transportation services waives
transportation services for that school year and circumstances change during that
school year due to a family or economic hardship, the school district will reinstate
the pupil’s eligibility for transportation to and from school.
N.J.S.A. 18A:39-1; 18A:39-1c
Adopted: June 2013
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
OPERATIONS
8740/Page 1 of 1
BONDING
8740 BONDING
The Board of Education recognizes that the prudent trusteeship of the resources of
this district dictates that employees responsible for the safekeeping of district
moneys and property be bonded.
The Board directs the indemnification of the district against loss of money and
property by the bonding of the Treasurer of School Moneys in accordance with
the requirements of N.J.A.C. 6A:23A-16.4 and by the bonding of the Board
Secretary in accordance with the requirements of N.J.S.A. 18A:17-6. If the
district does not have a Treasurer of School Moneys, the Board will ensure surety
bonds are obtained in accordance with the rules of the State Board of Education.
All other employees may be covered under a blanket bond in an amount to be
determined by the Board or as required by the rules of the State Board of
Education.
The Board shall bear the cost of bonding each employee required to be bonded by
law or by this policy.
N.J. Consti., Art. 7, §1, 4
N.J.S.A. 18A:6-58; 18A:17-6; 18A:17-26; 18A:17-32
N.J.A.C. 6A:23A-16.4
Adopted: June 2013
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
COMMUNITY
9180/Page 1 of 3
SCHOOL VOLUNTEERS
9180 SCHOOL VOLUNTEERS
The Board of Education recognizes the services of volunteers can enrich the
educational program, assist teaching staff members in the performance of their
duties, and enhance the relationship between the school district and the
community. The Board authorizes a program for the utilization of volunteer
services in the school(s) of the school district.
An unpaid volunteer, as defined below, shall be required to complete a
criminal history record check. The Board of Education shall reimburse the
volunteer for the cost of the criminal history record check in accordance
with the provisions of N.J.S.A. 18A:6-7.2.
For the purpose of this Policy, a “volunteer” is a person who is not paid by
the Board of Education, who assists with classroom or other school
activities under the direct supervision of an appropriately certified or
licensed school district employee, and provides assistance for school
activities on a “regular basis” throughout the school year.
For the purpose of this Policy, “regular basis” means volunteering services
more than 10 occasions during a school year.
For the purpose of this Policy, a “volunteer” is not a person who is invited
into a school and provides occasional assistance for school activities,
chaperones a class trip, or assists with classroom or other school activities
less than 10 (same as above) occasions during the school year.
The Superintendent or designee shall determine if a person meets or will
meet the requirements to be a “volunteer” for the purpose of this Policy.
A volunteer must be approved by the Board upon the recommendation of
the Superintendent.]
The Principal or designee shall be responsible for the recruitment and screening of
volunteers, may delegate the assignment of volunteers to specific tasks, and must
submit their names for Board approval.
Volunteers must be persons of known character, responsibility, and integrity and
must
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
COMMUNITY
9180/Page 2 of 3
SCHOOL VOLUNTEERS
reside in the school district. Some exceptions to the resident rule may be made in
the case of a divorced family where one parent does not reside in district,
grandparent or step-parent, who does not live in district or members of a volunteer
program or organization headquartered outside the district, with prior approval of
the building principal, Superintendent, or his/her designee and (when appropriate)
the Board of Education.
Neither the Superintendent nor any Principal shall be obligated to utilize the
proffered services of a volunteer whose abilities or interests do not serve the
needs of pupils.
Each school volunteer shall be given a copy of this Policy and the rules of
conduct.
The following guidelines shall govern the service of school volunteers:
1.
Volunteers may serve only under the direction and supervision of
an appropriately certified or licensed staff member;
2.
Volunteers should clearly understand their duties
responsibilities and perform no service outside those duties;
3.
Volunteers serve only in a support capacity; only appropriately
certified or licensed staff members are responsible for educational
planning and decisions and the teaching of new concepts;
4.
Volunteers shall respect the individuality, dignity, and worth of
each child;
5.
Volunteers are not permitted access to pupil records;
6.
Volunteers should exercise discretion in discussing their school
activities with others in the community and must maintain
confidential any information that if disclosed would violate Federal
and State laws;
7.
Volunteers may consult with the Principal regarding their duties
and responsibilities; and
8.
Volunteers shall receive no financial remuneration from the Board.
and
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
COMMUNITY
9180/Page 3 of 3
SCHOOL VOLUNTEERS
N.J.S.A. 18A:6-7.1; 18A:6-7.2
Adopted: June 2013
POLICY
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
COMMUNITY
9181/Page 1 of 3
VOLUNTEER ATHLETIC COACHES AND CO-CURRICULAR ACTIVITY
ADVISORS/ASSISTANTS
9181 VOLUNTEER ATHLETIC COACHES AND CO-CURRICULAR
ACTIVITY ADVISORS/ASSISTANTS
The Board of Education recognizes the services of volunteer athletic coaches and
co-curricular activity advisors/assistants bring unique skills to the district, enrich
the athletic and co-curricular program, assist district’s coaching and co-curricular
staff members in the performance of their duties, and enhance the relationship
between the school district and the community. Therefore, the Board authorizes a
program for the utilization of volunteer athletic coaches and co-curricular activity
advisors/assistants in the district.
For the purposes of this Policy, “volunteer athletic coach and co-curricular
activity advisor/assistant” is a person who is not paid by the Board of Education,
assisting under the direct supervision of an appropriately certified or licensed
school district employee, and provides assistance for the school activity.
The Vice Principal in charge of District Athletics will be responsible for the
recruitment and screening of volunteer athletic coaches and co-curricular activity
advisors/assistants and their assignment. The district is not obligated to utilize the
proffered services of a volunteer whose abilities or interests do not serve the
needs of the school district as determined by the Superintendent.
These volunteers must be persons of known character, responsibility, and integrity
and must be recommended by the Superintendent and approved by the Board of
Education prior to assuming any responsibilities.
The Vice Principal in charge of District Athletics will prepare and promulgate
rules of conduct for volunteer athletic coaches and volunteer co-curricular activity
advisors/assistants. Each volunteer athletic coach and co-curricular activity
advisor/assistant will be given a copy of this Policy.
The following guidelines shall govern the service of a volunteer athletic coach
and volunteer co-curricular activity advisor/assistant:
1.
Volunteer athletic coaches and volunteer co-curricular
activity advisors/assistants may serve only under the direction and
immediate supervision of a head and/or assistant coach or activity
advisor or assistant employed by the Board;
POLICY
2.
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
COMMUNITY
9181/Page 2 of 3
ADVISORS/ASSISTANTS
Volunteer athletic coaches and volunteer co-curricular activity
advisors/assistants must clearly understand their duties and
responsibilities and perform no services outside those duties;
3.
advisors/assistants serve only in a support capacity and only head
or assistant coaches or activity advisors or assistants employed by
the Board are responsible for the supervision and instruction
provided to pupils participating in the athletic programs or cocurricular activities;
4.
advisors/assistants shall respect the individuality, dignity and
worth of each pupil;
5.
advisors/assistants are not permitted access to pupil records;
6.
advisors/assistants must exercise discretion in disclosing any
confidential pupil matters the coach or activity advisor or assistant
employed by the Board becomes aware of as a result of their
volunteer responsibilities;
7.
Volunteer athletic coaches must consult with the Vice Principal in
charge of District Athletics regarding any matters or questions
regarding their duties and responsibilities;
8.
Volunteer co-curricular activity advisors/assistants must consult
with the Vice Principal in charge of District Athletics regarding
any matters or questions regarding their duties and responsibilities;
9.
Volunteers athletic coaches and co-curricular activity
advisors/assistants shall receive no financial remuneration from the
Board; and
10.
Volunteer athletic coaches, and volunteer co-curricular activity
advisors/assistants may be immediately relieved of their volunteer
responsibilities, with or without cause, by the Superintendent with
such action to be recommended to the Board by the Superintendent
at the next Board Meeting following relief of duties.
MATAWAN ABERDEEN
REGIONAL
BOARD OF EDUCATION
POLICY
COMMUNITY
9181/Page 3 of 3
ADVISORS/ASSISTANTS
All school volunteers
advisors/assistants must:
athletic
coaches
and
co-curricular
activity
possess a New Jersey substitute teacher credential;
obtain a criminal history record check to be reimbursed by the Board;
sign a waiver for workers’ compensation if required by the school
district’s insurance company; and
provide documentation that a Mantoux test has been administered.
N.J.S.A. 18A:6-7.1; 18A:6-7.2
Adopted: June 2013

matawan aberdeen regional board of education

Transcription

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