Policies for Public Review. September 8 2016
Transcription
Policies for Public Review. September 8 2016
DALLASTOWN AREA SCHOOL DISTRICT Dr. Joshua A. Doll, Ed.D. Assistant Superintendent TO: Board of School Directors FROM: Dr. Joshua Doll, Assistant Superintendent DATE: September, 2016 RE: Policies for Consideration and Public Review Accompanying this memo are ten (10) Policies, two (2) Administrative Regulations and one (1) Operating Guideline. The policies were approved by the DASD Policy Committee on August 22, 2016. Policy Number Policy Title Revision Purpose 005-BOG-4 Board Relations New Operating Guideline related to Board Relations. 111 Lesson Plans Revised policy which provides expectations related to teacher lesson plans. 123 Extracurricular Activities and Interscholastic Revised policy which reflects changes made to credit requirements. 201 Admission of Students Revised policy which provides additional clarity related to admission of students. 201-AR Admission of Students New Regulation which provides clarity related to admission of students. Eligibility of Nonresident Students Revised policy which provides additional clarity related to eligibility of nonresident students. Nonresident Students New Regulation which provides clarity related to eligibility of nonresident students. 222 Tobacco Use Revised policy removing violation report to the Office of Safe Schools. 247 Hazing Revised policy which reflects changes to required definitions and mandates. 323 Tobacco Use Revised policy removing violation report to the Office of Safe Schools. 423 Tobacco Use Revised policy removing violation report to the Office of Safe Schools. 202 202-AR 523 Tobacco Use Revised policy removing violation report to the Office of Safe Schools. 827 Conflict of Interest Revised policy to adapt guidelines. 9/28/2016 BoardDocs® PL Book Policy Manual Section 000 Local Board Procedures Title Board Relations Number 005BOG4 Status First Reading Adopted August 22, 2016 Board Member requests for information regarding committee issues shall be directed to the appropriate Board Committee Chairperson and Board President. All Board members should be informed when such a request for information occurs. The Committee Chairperson, in coordination with the Superintendent or his designee, will prioritize the request and provide a response by the next Board meeting. An appropriate response may be that the request is not a top priority and will be addressed at a future date. Any questions regarding an upcoming vote will be considered a top priority. All responses will be shared with the full Board. Board Members should directly communicate with the Superintendent, and not DASD staff, should they have questions and/or concerns regarding District operations. Board members should ensure their request for information, or sharing of information, is distributed to other members of the Board. It is important that issues deemed as urgent are immediately shared with the Superintendent. Other issues and/or questions deemed as nonurgent will be reviewed and prioritized by the Superintendent and responded to accordingly. As a general practice, Board Members who communicate with one another should strive to respond to their colleagues within a 24hour period. The Board President, or his/her designee, will communicate with the media on behalf of the Board. If other members of the Board elect to communicate with the media they shall indicate to the media that their thoughts and opinion do not represent the viewpoint of the entire Board. When a statement is issued on behalf of the Board, the final statement shall be sent to the Superintendent from the Board president. Communication with the District Solicitor shall be channeled through the Superintendent or Board President, or his or her designee, so long as the designee is a member of the administrative team. In case of matters concerning the Superintendent, communications shall be channeled through the Board President. The Board Secretary shall monitor the legal invoices. Last Modified by Joshua Doll on September 28, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/1 7/23/2016 BoardDocs® PL Book Policy Manual Section 100 Programs Title Lesson Plans Number 111 Status Up For Revision Last Revised August 22, 2016 Purpose To ensure continuity of instruction, the Board requires lesson plans.[1] Delegation of Responsibility To facilitate more effective instruction, lesson plans must be prepared at least one (1) week in advance. Plans books will be inspected and must conform to the guidelines established by the principal. Teachers shall make thorough preparation for all daily lessons and shall prepare written plans reflecting such preparation. Guidelines Guidelines for the implementation of this policy shall include: 1. While teachers are required to be thoroughly prepared for each daily lesson, plans may be prepared for each lesson or on a longterm basis, i.e., unit of work whichever is most appropriate. Material to be used in a lesson(s) such as duplicated material, cassette tapes, films, filmstrips, transparencies may serve as an integral part of the plan. 2. Lesson plans for individualized programs should reflect a general overview and purpose of the instructional program; individual student records may serve as an integral part of the lesson plan. 3. Teachers are to provide adequate directions for substitutes the purpose of which shall be to continue, if possible, the ongoing program or, if more appropriate, a meaningful educational alternative that relates to the subject area. Plans must books must remain in the teacher's desk overnight to be available to substitute teachers at all times in the elementary schools, at the middle school and high school lesson plans should be on file in the office. Legal 1. 24 P.S. 510 Last Modified by Joshua Doll on July 23, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/1 5/6/2016 BoardDocs® PL Book Policy Manual Section 100 Programs Title Extracurricular Activities and Interscholastic Athletics Number 123 Status Up For Revision Adopted December 13, 2012 Last Revised August 22, 2016 Purpose The Board believes that the district’s goals and objectives are best achieved by a diversity of learning experiences, some of which can be appropriately conducted outside the regular curricular program of the schools. The Board also recognizes the value of a program of extracurricular activities and interscholastic athletics as an integral part of the total school experience to all students of the district and to the community. Definitions For purposes of this policy, extracurricular activities shall be those programs that are sponsored or approved by the Board and are conducted wholly or partly outside the regular school day; are marked by student participation in the processes of initiation, planning, organizing and execution; and are equally available to all students who voluntarily elect to participate. Examples of activities that are considered extracurricular activities include but are not limited to athletics, clubs, school plays and musicals, and student council.[1][2] For purposes of this policy, the program of interscholastic athletics shall include all activities relating to competitive sport contests, games or events, or sport exhibitions involving individual students or teams of students of this district when such events occur between separate schools within this district or with any schools outside this district. For purposes of this policy, an athletic activity shall mean all of the following:[2][3] 1. An athletic contest or competition, other than interscholastic athletics, that is sponsored by or associated with the school, including cheerleading, club sponsored sports activities and sports activities sponsored by schoolaffiliated organizations. 2. Noncompetitive cheerleading that is sponsored by or associated with the school. 3. Practices, interschool practices and scrimmages for all athletic activities. Authority https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/4 5/6/2016 BoardDocs® PL The Board shall make school facilities, supplies, and equipment available for the support of extracurricular activities for students. Organizations and activities approved by the Board must be assigned a coach or sponsor by the Athletic Director, student activity coordinator, or the principal. Such availability and assignment shall be in accordance with the Equal Access Act.[4] [5][6][7] The Board shall maintain the program of extracurricular activities except that students may assume all or part of the costs for travel and attendance at extracurricular events and trips except as set forth elsewhere in this policy or by Board action. It shall be the policy of the Board to offer opportunities for participation in interschool athletic programs to male and female students on as equal a basis as is practicable and without discrimination, in accordance with state regulations.[6][7][8][9] The Board shall approve a program of interscholastic athletics and shall require that all facilities utilized in that program, whether or not the property of this Board, properly safeguard both players and spectators and are kept free from hazardous conditions.[4] The Board shall determine the standards of eligibility to be met by all students participating in the interscholastic program. Such standards shall require that each student be covered by the maximum student accident insurance available, or its equivalent; be in good physical condition; be free of injury and shall have fully recovered from illness, as determined by the family physician and/or district physician, before participating in any interscholastic athletic event.[4] The Board further adopts those eligibility standards set by the Constitution of the Pennsylvania Interscholastic Athletic Association, and shall review such standards annually to ascertain that they continue to be in conformity with the objectives of this district. The Board further directs that a student must pursue a curriculum defined and approved as a fulltime curriculum. The student must maintain an acceptable grade in such approved curriculum as certified by the principal. Eligibility shall be cumulative from the beginning of a grading period. Athletics shall be monitored weekly and other activities on a midterm basis unless required otherwise. In order to be eligible for extracurricular or interscholastic participation, a student must be currently passing at least four (4) fullcredit subjects or the equivalent. The high school principal will develop and publish guidelines to conform with this policy. In order to be eligible for extracurricular or interscholastic participation, a student must meet established academic criteria. Students must be passing at least three (3) major courses/subjects (a course that meets all 6 days of the cycle) or the equivalent as of each Friday to be eligible to participate the following week. Guidelines Rules and Conditions Applicable to Both Extracurricular Activities and Interscholastic Athletics Transportation and Accommodations for Overnight Trips – Where funds have been budgeted for this purpose or are otherwise available through fundraising or other sources, the district may provide transportation and, where justified as set forth below, overnight accommodations of interscholastic athletic teams, including transportation to competitions that require longer than usual travel distances. Such provision of transportation https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/4 5/6/2016 BoardDocs® PL will be supplied to both male and female students based upon considerations other than the gender of their respective athletic teams and may depend on a number of factors including, but not limited to, athletic and/or competitive opportunities presented. OffCampus Activities This policy shall also apply to student conduct that occurs off school property and would violate the Code of Student Conduct if:[10] 1. There is a nexus between the proximity or timing of the conduct in relation to the student’s attendance at school or schoolsponsored activities. 2. The student is a member of an extracurricular activity and has been notified that particular offcampus conduct could result in exclusion from such activities. 3. Student expression or conduct materially and substantially disrupts the operations of the school, or the administration reasonably anticipates that the expression or conduct is likely to materially and substantially disrupt the operations of the school. 4. The conduct has a direct nexus to attendance at school or a schoolsponsored activity, such as an agreement to complete a transaction outside of school that would violate the Code of Student Conduct. 5. The conduct involves the theft or vandalism of school property. Equal Access Act The district shall provide secondary students the opportunity for noncurriculum related student groups to meet on the school premises during noninstructional time for the purpose of conducting a meeting within the district’s limited open forum on the basis of religious, political, philosophical, or other content of the speech at such meetings. Such meeting must be voluntary, studentinitiated, and not sponsored in any way by the school, its agents or employees. Noninstructional time is the time set aside by the school before actual classroom instruction begins or after actual classroom instruction ends.[5] The meetings cannot materially and substantially interfere with the orderly conduct of the educational activities in the school. Employees or agents of the district may only be present at religious meetings in a nonparticipatory capacity. Nonschool persons may not direct, conduct, control, or regularly attend activities of student groups under the Equal Access Act. The Superintendent or designee shall establish the length of sessions, number per week, and other limitations deemed reasonably necessary. The district retains the authority to maintain order and discipline on school premises in order to protect the wellbeing of students and employees and to ensure that student attendance at such meetings is voluntary. Delegation of Responsibility Each school year, prior to participation in an athletic activity, every student athlete and his/her https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 3/4 5/6/2016 BoardDocs® PL parent/guardian shall sign and return the acknowledgement of receipt and review of the following:[11][12] 1. Concussion and Traumatic Brain Injury Information Sheet. 2. Sudden Cardiac Arrest Symptoms and Warning Signs Information Sheet. The Superintendent or his/her designee shall prepare, approve and present to the Board for its consideration, a program of interscholastic athletics. The Superintendent shall prepare rules for the conduct of students participating in interscholastic athletics. Such rules shall be in conformity with the rules of the State Board of Education and the P.I.A.A. The Superintendent shall ensure that interscholastic athletics are open to all eligible students and that all students are fully informed of the opportunities available to them.[1][13] Legal 1. 22 PA Code 12.1 2. 24 P.S. 5322 3. 24 P.S. 5332 4. 24 P.S. 511 5. 20 U.S.C. 4071 et seq 6. Pol. 103 7. Pol. 103.1 8. 22 PA Code 4.27 9. 34 CFR 106.41 10. Pol. 218 11. 24 P.S. 5323 12. 24 P.S. 5333 13. 22 PA Code 12.4 24 P.S. 5321 et seq 24 P.S. 5331 et seq Pol. 110 Pol. 204 Last Modiḽed by Joshua Doll on May 6, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 4/4 7/26/2016 BoardDocs® PL Book Policy Manual Section 200 Pupils Title Admission of Students Number 201 Status Up For Revision Adopted April 18, 2013 Last Revised August 22, 2016 Authority The Board shall establish age requirements for the admission of beginning students which are consistent with law and regulations.[1][2][3] Guidelines Compulsory school age refers to the period of a child's life from the time the child enters school as a beginner which may be no later than at the age of eight (8) years, until the age of seventeen (17) or graduation from a high school, whichever occurs first.[4] First Grade Beginners are students entering the lowest grade of the primary school above the kindergarten level. Beginners shall be admitted to the school during the first two (2) weeks of the annual school term and thereafter at the district's discretion. A beginner is eligible for admission to the first grade if s/he has attained the age of six (6) years prior to September 1. A child who is eight (8) years of age shall be admitted to school at any time during the school year. [4][5][6][7] The district is not required to admit as a beginner any child whose age is less than the district's established admission age for beginners.[7] [8] Kindergarten A child is eligible for admission to kindergarten if s/he has attained the age of five (5) years of age prior to September 1st . The district does not admit any child whose age is less than the district’s established admission age for kindergarten. The district will not admit any child to kindergarten who has attained the age of six (6) prior to the first day of the school term. [8] [9] Admission Of Transfers Students transferring from another school district must present all requisite proofs of age, proof of residency, and immunizations, as well as transfers and school records from the district from which the https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/2 7/26/2016 BoardDocs® PL transferring student came, and such other data as will assist the building principal or registrar in making a proper placement of the transferring student as well as any additional matters as set forth in the Basic Education Circular, Enrollment of Students, dated January 22, 2009 and as amended from time to time. [24 P.S. Sec. 1301, 1302, 1303, 1304, 1305, 1306] Delegation of Responsibility The Superintendent or designee shall require that the parent/guardian of each student who registers for entrance to school shall submit proof of age, two (2) proofs of residency, and required immunizations.[9][10][11] Legal 1. 24 P.S. 1301 2. 22 PA Code 11.12 3. 22 PA Code 11.41 4. 24 P.S. 1304 5. 24 P.S. 1326 6. 22 PA Code 11.15 7. 22 PA Code 11.16 8. 22 PA Code 11.14 9. Pol. 200 10. Pol. 203 24 P.S. 503 22 PA Code 4.41 Last Modified by Joshua Doll on July 26, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/2 7/23/2016 BoardDocs® PL Book Policy Manual Section 200 Pupils Title Admission of Students Number 201AR Status First Reading Adopted August 22, 2016 When a student who meets the age requirements of Board policy is presented for admission into kindergarten or first grade, school staff will require the following documentation, as outlined in District Policy 200 Enrollment of Students and Administrative Regulations 200AR, and 200AR1: 1. Proof of the student’s date of birth – acceptable documentation includes one (1) of the following: Birth Certificate Duly Certified/Notarized Transcript of the Record of Baptism Duly Certified/Notarized Transcript of Birth Notarized statement from parent/guardian or relative indicating date of birth Baptismal Certificate Duly attested transcript of birth certificate Valid Passport 2. Immunization record with dates, assurance from the former school district, or, a medical office that the required immunizations have been completed or a required series has begun, with a record to be sent. Written statements are required for religious and medical exemptions. 3. Proof of residency – acceptable documentation includes one (1) from each of the following lists: List A I. Lease Agreement (This is Required if you are not the owner or the property. If you are not the owner of the property and cannot provide a lease, the owner/leaseholder will be required to attend with you.) II. Current Utility Bill (Acceptable as List A item only if you are the property owner; Cell phone bill is not valid as proof of home ownership.) III. Settlement Statement IV. Real Estate Tax Bill List B https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/2 7/23/2016 BoardDocs® PL I. PennDOT issued Driver’s License, Photo ID or Vehicle Registration II. Current Utility Bill (Cannot be used if chosen as proof from List A) III. Charge Account Bill IV. Homeowner’s or Renter’s insurance V. Vehicle insurance VI. Change of address/Pay voucher at place of employment VII. State/Federal program enrollment VIII. Bank statement IX. USPS completed address change 4. Parent Registration Statement attesting to whether the student has been or is suspended or expelled for offenses involving drugs or alcohol, weapons or violence as required by the Pennsylvania School Code. 5. Home Language Survey – All students seeking first time enrollment in a school shall be given a home language survey in according with requirements of the U.S. Department of Education’s Office for Civil Rights. Enrollment of the student may not be delayed in order to administer the Home Language Survey. The registrar will report to the Superintendent or designee the name of any student attempting to enroll in kindergarten or first grade who does not present the required documentation. Kindergarten and first grade students will be admitted during the first two (2) weeks of the school term. Later admissions may be approved by the Superintendent. Students transferring from another school and students who are eight (8) years old will be admitted at any time. A student who has been attending an approved kindergarten program in another district or state and does not meet the Board’s established age requirements will be permitted to enter the district’s program, upon presentation of the required documentation, provided the student is eligible to enroll in accordance with District Policy 201 Admission of Students. References: Board Policy 200, 201, 202, 203 Last Modified by Joshua Doll on July 23, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/2 7/26/2016 BoardDocs® PL Book Policy Manual Section 200 Pupils Title Eligibility of Nonresident Students Number 202 Status Up For Revision Adopted July 13, 2006 Last Revised August 22, 2016 Purpose The Board shall operate district schools for the benefit of students residing in this district who are eligible for attendance.[1][2] Authority It shall be the policy of the Board not to permit the admission of nonresident students except for extenuating circumstances as approved by the Superintendent or designee, nonresident children placed in the district, residents of institutions, future residents, and former residents, in compliance with state code.[3][4] It shall be the intent of the Board and the focus of the administration to provide educational services to nonresident students at the least possible direct cost to taxpayers. The Board shall require that appropriate legal documentation showing dependency or guardianship be filed with the Superintendent or designee before an eligible nonresident student may be accepted as a student in district schools. Appropriate legal documentation showing dependency or guardianship includes evidence of a courtordered guardianship, a courtapproved designation as a standby guardian, a testamentary appointment as a guardian, or other documentation as may be approved by the district solicitor. Alternatively, a sworn statement of full residential support may be filed with the Board Secretary District Registrar's Office before an eligible nonresident student may be accepted as a student in the district schools. Additional information may will be required to support dependency, guardianship, or full residential support, as may be determined by the administration or district solicitor.[5][6] The Board reserves the right to verify claims of residency, dependency and guardianship and to remove from school attendance a nonresident student whose claim is invalid. If information contained in the sworn statement of residential support is found to be false, the student shall be removed from school after notice is given of an opportunity to appeal the student's removal, in accordance with Board Policy 200AR2, Residency Investigations. 906, Public Complaints.[5][7] The Board shall not be responsible for transportation to or from school for any nonresident student residing outside school district boundaries. The district, upon adoption of this policy, will permit those nonresident students paying tuition to continue to pay tuition until graduation. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/5 7/26/2016 BoardDocs® PL Tuition rates shall be determined in accordance with statute. Tuition shall be charged monthly, in advance of attendance.[8][9][10] In tuition agreements between districts, appropriate applications as indicated in any contracts or memorandum of understanding must be presented before the Board for review prior to the student's start of attendance in the district. Admission of tuition students shall in no way inconvenience resident students. In cases where classes would be overcrowded with the inclusion of nonresident students, no such student shall be permitted to enroll. Tuition Rates/Payments Monthly tuition rates, payable in advance, shall be established annually, in accordance with statute and regulation, for nonresident students enrolled in the district. Tuition rates quoted shall include need based services. If the student shall withdraw or shall be suspended or expelled from attending classes, no refund of tuition will be made once the period has commenced. Following notice of nonpayment, students shall be removed from the active rolls and required to enroll in their home district. Guidelines Nonresident Children Placed in the District Any child placed in the home of a district resident by a court or government agency shall be admitted to district schools and shall receive the same benefits and be subject to the same responsibilities as resident children.[11] Residents of Institutions A child who is living in or assigned to a facility or institution for the care or training of children that is located within this district is not a legal resident of the district by such placement; but s/he shall be admitted to district schools, and a charge shall be made for tuition in accordance with statute.[12][13] [14][15][16][17] Future Residents A student eligible for attendance whose parent/guardian has executed a contract to buy, build or rent a residence in this district for occupancy may be enrolled with payment of tuition at a reduced rate. If the student does not become a resident of the district by the end of the period for which reduced rate tuition is charged, full tuition shall be required until residency is established. The Superintendent will develop administrative procedures for implementation of this policy.[8] Parents/Guardians of students who claim admission on the basis of future residency shall be required to demonstrate proof of the anticipated residency. Students who are not residents of the Dallastown Area School District who anticipate moving into the district within thirty (30) calendar days may be granted permission to enroll and attend the schools of this district providing: https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/5 7/26/2016 BoardDocs® PL 1. The legal parent(s)/guardian(s) petition the Superintendent or designee for the right to enroll and file a statement of such anticipated move, giving the location of the intended residence. 2. The statement required above is accompanied by a statement from the builder or owner of the intended residence that it will be available for occupancy by the petitioner on a specified date within thirty (30) student days. 3. The legal parent/guardian must sign a Conditional Enrollment Agreement acknowledging that they understand, and will abide by, the requirements of District policy. 4. The Superintendent or designee accepts the statements required as outlined above. Students who anticipate moving into the district and are granted permission to attend school before moving into the school district will be permitted to attend school without payment of tuition for those school days falling within the thirty (30) calendar day period, providing they have established residence on or before the thirtieth (30th) calendar day. Students who anticipate moving into the district and are permitted to attend school before moving into the district, but do not move into the district within thirty (30) calendar days will be required to pay tuition for those school days beginning on the thirtyfirst (31) calendar day of attendance at the full tuition rate and in the manner set forth by this policy. Payment of tuition shall continue until the legal parents/guardians and student move into the school district. The Superintendent or designee shall have discretionary authority to grant an extension and/or waive payment of any tuition charged only if extenuating circumstances are established. This request must be made in writing by the legal parent(s)/guardian(s) prior to the expiration of the thirty (30) calendar day period. [8] The Superintendent or designee will develop administrative procedures for implementation of this policy. Former Residents Regularly enrolled students whose parents/guardians have moved out of the school district may be permitted to finish the semester with payment of tuition at a reduced rate. Tuition will be waived for graduating seniors in good standing.[8] Regularly enrolled students, in grades kindergarten (K) through eleven (11) whose parent(s)/guardian(s) have moved out of the school district may be permitted to finish the current semester/trimester with payment of tuition at a reduced rate and in the manner set forth in this policy. Approval of this provision may be granted by the Superintendent or designee only upon written request of the legal parent(s)/guardian(s) prior to moving from the district. This written request must be accompanied by valid written documentation of the student’s new residence outside the district. The student will not be permitted to remain for the following semester or school year. Regularly enrolled students, in grade twelve (12) whose parent(s)/guardian(s) have moved out of the school district during the first (1st ) trimester, may be permitted to finish the trimester with payment of tuition at a reduced rate and in the manner set forth in this policy. The student will not be permitted to remain for the second (2nd) trimester. Approval of this provision may be granted by the Superintendent or designee only upon written request of the legal parent(s)/guardian(s) prior to moving from the district. This written request must be accompanied by valid written documentation of the student’s new residence outside the district. Regularly enrolled students, in grade (12) whose parent(s)/guardian(s) have moved out of the school district during the second (2nd) trimester, may be permitted to finish the trimester with payment of https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 3/5 7/26/2016 BoardDocs® PL tuition at a reduced rate and in the manner set forth in this policy. This student, if at the end of the second (2nd) trimester is in good academic, behavior and attendance standing, may be permitted to complete his/her third (3rd) trimester without the payment of tuition. Approval of this provision may be granted by the Superintendent or designee only upon written request of the legal parent(s)/guardian(s) prior to moving from the district. This written request must be accompanied by valid written documentation of the student’s new residence outside the district. Should the student not graduate at the conclusion of the school year, he/she will not be permitted to remain for the following or school year. Those former residents who fail to seek and obtain approval under this policy will be handled in accordance with Board Policy 200, Enrollment in District, 200AR, Enrollment of Students, 200AR1, Student Classifications for Enrollment and 200AR2, Residency Investigations. Retroactive agreements will not be permitted. [8] Other Nonresident Students A nonresident student may be admitted to district schools without payment of tuition where attendance is justified on the grounds that the student lives fulltime and not just for the school year with district residents who have assumed legal dependency or guardianship or full residential support of the student.[5][6] Delegation of Responsibility The Superintendent or designee shall develop procedures for the enrollment of nonresident students which: 1. Admit such students only on proper application and submission of required documentation by the parent/guardian. 2. Verify claims of residency. 3. Do not exclude any eligible student on the basis of race, creed, color, gender, sexual orientation, national origin, ancestry, or handicap/disability.[18] 4. Deny admission where the educational facilities or program maintained for district students is inadequate to meet the needs of the applicant. 5. Make continued enrollment of any nonresident student contingent upon maintaining established standards of attendance, discipline and academics. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 4/5 7/26/2016 Legal BoardDocs® PL 1. 24 P.S. 501 2. 24 P.S. 502 3. 24 P.S. 1301 4. Pol. 200 5. 24 P.S. 1302 6. 22 PA Code 11.19 7. Pol. 906 8. 24 P.S. 1316 9. 24 P.S. 2561 10. Pol. 607 11. 24 P.S. 1305 12. 24 P.S. 1306 13. 24 P.S. 1307 14. 24 P.S. 1308 15. 24 P.S. 1309 16. 24 P.S. 1310 17. 22 PA Code 11.18 18. Pol. 103 24 P.S. 1306.2 24 P.S. 2503 22 PA Code 11.41 Last Modified by Joshua Doll on July 26, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 5/5 7/26/2016 BoardDocs® PL Book Policy Manual Section 200 Pupils Title Nonresident Students Number 202AR Status First Reading Adopted August 22, 2016 Nonresident students may be admitted to district schools upon proper application and submission of required documents by the parent(s)/guardian(s). All claims of residency will be verified by district staff. Nonresident students may be denied admission when the educational facilities or instructional program maintained for district students is unable to meet the needs of the applicant. Continued enrollment of a nonresident student will be contingent upon the student maintaining established standards of academics, attendance and discipline. A student residing with an adult other than the natural parents will be enrolled following receipt of documents required for enrollment by law and Board policy and one (1) of the following: 1. Verification that the student resides at a federal installation. 2. Appropriate legal documentation, such as a court order, to show dependency or guardianship. 3. Sworn, notarized statement indicating that the signer is a district resident; is supporting the child gratis, without personal compensation or gain; will assume all personal obligations for the child relative to school requirements; intends to keep and support the child continuously and not merely through the school term; and, when required, any reasonable information submitted by the resident to substantiate the sworn statement. Information concerning health and compliance with immunization requirements, proof of age, proof of residency, and the Parent Registration Statement must be submitted to the school prior to enrollment of the student. District staff will contact the previous school district to obtain the student’s transcripts and school records. Enrollment of the eligible, nonresident student will be completed the next business day, but no later than five (5) business days after application and receipt of required documentation by the district. If enrollment of a nonresident student is denied, the parents/guardians will be notified in writing of the reason(s); and submitted records will be returned, upon request. STUDENTS PLACED IN DISTRICT Nonresident Children Placed In Resident’s Home Nonresident school age children placed in the home of a district resident by court order or an arrangement with an association, agency or institution having the care of neglected and dependent https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/7 7/26/2016 BoardDocs® PL children, when the resident is compensated for the child’s care, will be enrolled in district schools without tuition. Prior to enrollment of the student, the resident must present proof of residence and documentation to comply with all established enrollment requirements, including proof of age, immunizations records and Parent Registration Statement. At the time of registration, the resident will be required to present a copy of the court order or a letter from the placing agency, association or institution, which will be attached to the district’s copy of the student registration. Designated staff will be required to obtain information from the agency, association or institution that is required to receive state reimbursement for the student, as required by law. Residents Of Institutions Nonresident school age children who are living in or assigned to an institution for the care or training of children located within the district will be enrolled in district schools. The district and the institution in which the student is placed should develop a written agreement for the provision of educational services. The district will provide transportation to such students attending district schools. The Business Office will be responsible for billing for tuition fees for such students. For students in institutions located in the district who are attending district schools and are suspected or identified as eligible students relative to special education services, the district is responsible for the following: 1. Providing the student with an appropriate program of special education and training consistent with laws and regulations. 2. Maintaining contact with the home district of the student to keep that district informed of its plans for educating the student and seeking the advice of the district with respect to the student. The district and the student’s home district may develop a written agreement for an arrangement of educational and procedural responsibilities, in accordance with law. The agreement must be approved by the Department of Education, after notice to and an opportunity for comment by the parent(s)/guardian(s) of the student. Children of Military Personnel When military personnel who are parent(s)/guardian(s) of a nonresident student are deployed and the student lives with relatives or family friends who are district residents for the period of deployment, the student will be enrolled in district schools. The district resident is presumed to be supporting the child gratis, and no tuition will be charged. The district resident will enroll the student under the provisions of P.S. 131302. When military personnel who are parent(s)/guardian(s) of a resident student are deployed and the student lives with relatives or family friends who are not district residents for the period of deployment, the student may be permitted to remain enrolled in district schools provided the deployed parent(s)/guardian(s) provide a written statement that they plan to return to the district at the end of the deployment. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/7 7/26/2016 BoardDocs® PL The nonresident caregiver must provide a physical address, accept responsibility for all obligations and transportation during the period of deployment. TUITION STUDENTS Tuition rates for each Pennsylvania school district are assigned by the Department of Education after analysis of district costs of instruction. Dallastown Area School District’s tuition rate will be equal to the rate established by the Pennsylvania Department of Education for the preceding fiscal year. This rate will be adjusted once the rate for the current fiscal year is established by the Pennsylvania Department of Education. Tuition rates quoted shall include any and all needbased services. The reduced tuition rate will be fifty (50) percent of the current annual tuition rate. Tuition charges will be prorated for those days that are outside district residency and billed at a daily rate. The daily tuition will be the same whether the school day is fullday, halfday, late start or early dismissal. Invoices will be prepared and mailed monthly to parent(s)/guardian(s) of tuition students by the Business Office. Invoices shall be prepared and mailed so that the responsible party has at least ten (10) days to make payment prior to the beginning of the month. Payment is due prior to the first of each month with the exception of the first billing which includes charges for the number of days school is in session during the month of entry as well as an advance payment for the following month. Payments are to be made at, and only accepted by, the Business Office. No payments are to be accepted by school personnel. Checks are to be made payable to the Dallastown Area School District. A nonresident, tuition paying student will not be enrolled and permitted to begin attending class until the first invoice has been paid in full. If the student shall withdraw or shall be suspended or expelled from attending classes in the Dallastown Area School District, tuition will be due and payable for the full month in which such withdrawal, suspension, or expulsion occurs. If tuition for that month has been paid, no refund of tuition will be made. Tuition in Arrears and Termination of Attendance Should the invoice for a current tuition paying student remain unpaid, in full, more than five (5) business days after it is due, the student will be withdrawn immediately. Notification will be made to the parent via First Class Mail, email, if available, and phone contact. Principals will be notified whenever tuition is in arrears or whenever attendance is to be terminated and will be responsible for advising students at levels ninth grade and above of their status. School personnel, upon notification of a pending withdrawal, should take the appropriate action to ensure the return of any District property and the collection of any outstanding obligations. When attendance is to be terminated, students who appear in school should not be admitted to classes. Students who have transportation available should be sent home. Those who depend on other means of transportation should be retained in the office until transportation arrangements can be made. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 3/7 7/26/2016 BoardDocs® PL Future Residents The District may grant permission for a nonresident student of the Dallastown Area School District who anticipates moving into the district within thirty (30) calendar days to enroll and attend the schools of this district. The nonresident parent(s)/guardian(s) who anticipates moving in the district and wishes to enroll their child must provide, along with those documents required by Board Policy 200AR, Enrollment of Students, the following: 1. The legal parent(s)/guardian(s) petition the Superintendent or designee for the right to enroll and file a statement of such anticipated move, giving the location of the intended residence. 2. The statement required above is accompanied by a statement from the builder or owner of the intended residence that it will be available for occupancy by the petitioner on a specified date within thirty (30) student days. 3. The legal parent/guardian must sign a Conditional Enrollment Agreement acknowledging that they understand, and will abide by, the requirements of District policy. 4. The Superintendent or designee accepts the statements required as outlined above. The Central Registration Office will develop a Request/Agreement Form with which pending future residents will apply to have their child enroll in the District. The request form shall include the following: 1. Student Name, Current Grade, School Attending; 2. Parent(s) Name; 3. Current Address; 4. Anticipated Address; 5. Statement in which the parent(s)/guardian(s) acknowledge the following: a. Approval is not, nor should not be considered automatic; b. Commonwealth law and PDE regulation do not require a district to enroll a student who is not a district resident; c. Approval is contingent upon the student having an acceptable academic, attendance and behavior record; d. Notification that they must provide two (2) valid proof of their district residence within thirty (30) calendar days of enrollment; e. Notification that the parent(s)/guardian(s) is/are responsible for all transportation; f. Notification that for every school day past thirty (30) calendar days the parent(s)/guardian(s) will be billed on a monthly basis at the district’s full tuition rate; g. Notification of the current district full tuition rate; h. Notification of the District’s tuition payment policy and notice of immediate withdrawal for nonpayment; https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 4/7 7/26/2016 BoardDocs® PL i. That failure to make the initial or any subsequent monthly payment is grounds for immediate withdrawal; j. Notification that prompt and continuous attendance are vital to their child’s academic success and that excessive absences or tardiness may lead to the ending of the agreement; k. Notification that if the approved nonresident student is withdraw for any reason, the District will immediately notify the student’s home district; l. Warning that they are signing this Request/Agreement under the provisions of 18 P.A.C.S.A Sections 4904 Unsworn falsification to authorities. 6. A section for the Superintendent or designee’s approval/disapproval and reason for any disapproval; Students who anticipate moving into the district and are granted permission to attend, will be permitted to attend school without payment of tuition for those school days falling within the thirty (30) calendar day period. The future resident must provide the proofs of residency, as stated in the Conditional Enrollment Agreement, on or before the thirtieth (30th) calendar day after enrollment. These proofs must be submitted to the Central Registration Office. If the future resident has not taken up and provided the proofs of district residence by the thirtyfirst (31st ) day they will be notified that their child is now considered a nonresident, tuition paying student. The Business Office will prepare an invoice for full tuition in the manner presented in this policy. Should the invoice remain unpaid five (5) business days after it is due, the parent will be notified by phone call, email (If available) and written correspondence that their child will be immediately withdrawn. Invoicing and payment of tuition shall continue until the legal parent(s)/guardian(s) and student move into the school district or withdraw. In cases where excessive absence and tardiness warrants the termination of the agreement, the building administrator should strive to make a decision so that notification can be made to the parent prior to the invoicing of the next month’s tuition. If the decision is made by the district to terminate the agreement prior to the beginning of the next month and the tuition payment for that month has already been paid, that month’s tuition will be refunded. The parent(s)/guardian(s) will be notified of the student’s last day and the home district will be notified. Every effort should be made to give the parent(s)/guardian(s) at least a five (5) school day notice of the termination date so that they may get their child enrolled in their home district promptly. Should the legal parent(s)/guardian(s) develop an extenuating circumstance, they may request, in writing, to the Superintendent or designee a request for extension and/or waiver of the payment of any tuition charged. These requests will only be granted if extenuating circumstances are established. This request must be made in writing by the legal parent(s)/guardian(s) prior to the expiration of the thirty (30) calendar day period. Former Residents The Central Registration Office will develop a Request/Agreement Form with which pending former residents will apply to have their child remain in the District as a tuition paying student. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 5/7 7/26/2016 BoardDocs® PL The request form shall include the following: 1. Student Name, Current Grade, School Attending; 2. Parent(s) Name; 3. Current Address; 4. New Address; 5. New School District; 6. Statement in which the parent(s)/guardian(s) acknowledge the following: a. Approval is not, nor should not be considered automatic; b. Commonwealth law and PDE regulation do not require a district to retain a student who is no longer a district resident; c. Approval is contingent upon the student having an acceptable academic, attendance and behavior record; d. Notification of the District’s current reduced rate of tuition; e. Notification of the District’s tuition payment policy and notice of immediate withdrawal for nonpayment; f. Notification that they must provide one (1) valid proof of their new residence; g. Notification that the parent(s)/guardian(s) is/are responsible for all transportation; h. Notification that prompt and continuous attendance are vital to their child’s academic success and that excessive absences or tardiness may lead to the ending of the agreement; i. Notification that if the approved former resident student is withdraw for any reason, the District will immediately notify the student’s home district; j. Notification that the student will only be allowed to complete the current semester trimester. (Notification will include the 2nd/3rd trimester senior provision); k. Warning that they are signing this Request/Agreement under the provisions of 18 P.A.C.S.A Sections 4904 Unsworn falsification to authorities. 7. A section for the building administrator’s approval/disapproval and reason for any disapproval; The legal parent(s)/guardian(s) must notify the district and make the request for their child to complete the semester/trimester prior to moving from the district. Once the building administrator Approves/Disapproves of the Request, it will be forwarded to the Superintendent or his designee. If approved, the Business Office will notify the parent(s)/guardian(s), provide them with a copy of the approved Request/Agreement Form and the initial invoice. Any disapproval will be communicated to the parent(s)/guardian(s) in writing by the Business Office. The request must be approved and the initial payment of the reduced rate tuition must be received for the student to remain in the district. Should this not occur, the student will be withdrawn immediately and enrolled in their home district. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 6/7 7/26/2016 BoardDocs® PL Students, in grades kindergarten (K) through eleven (11) whose parent(s)/guardian(s) have moved out of the school district may be permitted to finish the current semester/trimester with payment of tuition at a reduced rate. The student will not be permitted to remain for the following semester or school year. Students, in grade twelve (12) whose parent(s)/guardian(s) have moved out of the school district during the first (1st ) trimester, may be permitted to finish the trimester with payment of tuition at a reduced rate and in the manner set forth in this policy. The student will not be permitted to remain for the second (2nd) trimester. Students, in grade (12) whose parent(s)/guardian(s) have moved out of the school district during the second (2nd) trimester, may be permitted to finish the trimester with payment of tuition at a reduced rate and in the manner set forth in this policy. This student, if at the end of the second (2nd) trimester is in good academic, behavior and attendance standing, may be permitted to complete his/her third (3rd) trimester without the payment of tuition. Should the student not graduate at the conclusion of the school year, he/she will not be permitted to remain for the following or school year. The parents/guardians will assume full responsibility for transportation of the student. Should payment of the next month’s tuition not be received by the fifth (5th) business day of the month, the parent will be notified by phone call, email (If available) and written correspondence. In cases where excessive absence and tardiness warrants the termination of the agreement, the building administrator should strive to make a decision so that notification can be made to the parent prior to the invoicing of the next month’s tuition. If the decision is made by the district to terminate the agreement prior to the beginning of the next month and the tuition payment for that month has already been paid, that month’s tuition will be refunded. The parent(s)/guardian(s) will be notified of the student’s last day and the home district will be notified. Every effort should be made to give the parent(s)/guardian(s) at least a five (5) school day notice of the termination date so that they may get their child enrolled in their home district promptly. Those former residents who fail to seek and obtain approval under this policy will be handled in accordance with Board Policies 200, Enrollment in District, 200AR, Enrollment of Students, 200AR1, Student Classifications for Enrollment and 200AR2, Residency Investigations. Retroactive agreements will not be permitted. Last Modified by Joshua Doll on July 26, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 7/7 7/26/2016 BoardDocs® PL Book Policy Manual Section 200 Pupils Title Hazing Number 247 Status Up For Revision Adopted December 7, 2000 Last Revised January 13, 2005 Last Reviewed August 22, 2016 Purpose The purpose of this policy is to maintain a safe, positive environment for students and staff that is free from hazing. Hazing activities of any type are inconsistent with the educational goals of the district and are prohibited at all times. Definitions For purposes of this policy hazing is defined as any activity that recklessly or intentionally endangers the mental health, physical health or safety of a student or causes willful destruction or removal of public or private property for the purpose of initiation or membership in or affiliation with any organization recognized by the Board. Endanger the physical health shall include but not be limited to any brutality of a physical nature, such as whipping; beating; branding; forced calisthenics; exposure to the elements; forced consumption of any food, alcoholic beverage, drug, or controlled substance; or other forced physical activity that could adversely affect the physical health or safety of the individual. Endanger the mental health shall include any activity that would subject an individual to extreme mental stress, such as prolonged sleep deprivation, forced prolonged exclusion from social contact, forced conduct which could result in extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual. Any hazing activity, whether by an individual or a group, shall be presumed to be a forced activity, even if a student willingly participates. For purposes of this policy hazing is defined as any action or situation which recklessly or intentionally endangers the mental or physical health or safety of a person or which willfully destroys or removes public or private property for the purpose of initiation or admission into or affiliation with, or as a condition of continued membership in, any organization. (24 P.S. Sec. 5352) The term shall include, but not be limited to: 1. Any brutality or a physical nature, such as whipping, beating branding; 2. Forced calisthenics; https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/4 7/26/2016 BoardDocs® PL 3. Exposure to the elements; 4. Forced consumption of any food, liquor, drug or other substance; 5. Any other forced physical activity which could adversely affect the physical health and safety of the individual, and shall include any activity which would subject the individual to extreme mental stress, such as sleep depravation, forced exclusion from social contact, forced conduct which is intended to or could result in humiliation, extreme embarrassment, or any other forced activity which could adversely affect the mental health or dignity of the individual; or 6. Any willful destruction or removal of public or private property. For purposes of this policy, any activity, as described above, upon which the initiation or admission into or affiliation with or continued membership in an organization is directly or indirectly conditioned shall be presumed to be "forced" activity, the willingness of an individual to participate in such activity notwithstanding. (24 P.S. Sec. 5352) For purposes of this policy, student activity or organization is defined as any organization, team, club, society, or group operating under the sanction of or recognized as an organization by the district. Authority The Board does not condone any form of hazing as part of any schoolsponsored student activity. No student, coach, sponsor, volunteer or district employee shall plan, direct, encourage, assist or engage in any hazing activity.[1][2][3][4] The Board prohibits hazing in connection with any student activity or organization regardless of whether the conduct occurs on or off school property or outside of school hours. (Sc 511; 24 P.S. Sec. 5354; Pol. 122,123) The Board directs that no administrator, coach, sponsor, volunteer or district employee shall permit, condone or tolerate any form of hazing. The district will investigate all complaints of hazing and will administer appropriate discipline to any individual who violates this policy. No student, parent/guardian, coach, sponsor, volunteer or district employee shall engage in, condone or ignore any form of hazing. The Board encourages students who have been subjected to hazing to promptly report such incidents to the building principal. Delegation of Responsibility District administrators shall investigate promptly all complaints of hazing and administer appropriate discipline to any individual or student activity or organization found to be in violation of who violates this policy. Students, parents/guardians, administrators, coaches, sponsors, volunteers, and district employees shall be alert to incidents of hazing and shall report such conduct to the building principal. Guidelines https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/4 7/26/2016 BoardDocs® PL In addition to posting this policy on the district's website, the district shall annually inform students, parents/guardians, coaches, sponsors, volunteers and district staff employees that hazing of district students is prohibited, by means of: 1. publication in handbooks. 2. verbal and written instructions by the coach or sponsor at the start of the season or program. (24 P.S. Sec. 5354) This policy, along with other applicable district policies, procedures and Codes of Conduct, shall be provided to all school athletic coaches and all sponsors and volunteers affiliated with a student activity or organization annually, prior to coaching an athletic activity or serving as a responsible adult supervising, advising, assisting or otherwise participating in a student activity or organization. (SC 511 / 24 P.S. Sec. 5354) Complaint Procedure 1. When a student believes that s/he has been subject to hazing, the student shall promptly report the incident, orally or in writing, to the building principal. 2. The principal shall conduct a timely, impartial, thorough, and comprehensive investigation of the alleged hazing. 3. The principal shall prepare a written report summarizing the investigation and recommending disposition of the complaint. Copies of the report shall be provided to the complainant, the accused, and others directly involved, as appropriate. The district shall document the corrective action taken. 4. If the investigation results in a substantiated finding of hazing, the principal shall recommend appropriate disciplinary action, as circumstances warrant, in accordance with the Code of Conduct. Additionally, the student may be subject to disciplinary action by the coach or sponsor, up to and including removal from the activity. 5. If the investigation results in a substantiated finding that a coach or sponsor affiliated with the activity planned, directed, encouraged, assisted, condoned or ignored any form of hazing, s/he will be disciplined appropriately. Discipline could include dismissal from the position as coach or sponsor. Consequences for Violations If the investigation results in a substantiated finding of hazing, the principal shall recommend appropriate disciplinary action up to and including expulsion, as circumstances warrant, in accordance with the Code of Student Conduct. Additionally, the student may be subject to disciplinary action by the coach or sponsor, up to and including removal from the activity. (SC 511; 24 P.S. Sec. 5354; Pol. 218.233) Building principals shall take disciplinary action for violations of this policy as appropriate and within their authority, as set forth in policy and the Code of Student Conduct. (24 P.S. Sec. 5354 / Pol. 218) If the investigation results in a substantiated finding that a coach, sponsor, or volunteer affiliated with the student activity or organization engaged in, condoned or ignored any violation of this policy, s/he shall be disciplined in accordance with Board policy and applicable laws and regulations. Discipline could include, but is not limited to, dismissal from the position as coach, sponsor, or volunteer, and/or dismissal from district employment. (Pol. 317) https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 3/4 7/26/2016 BoardDocs® PL If a student activity or organization authorizes hazing in blatant disregard of this policy or other applicable district rules, penalties may also include recision of permission for that organization to operate on school property or to otherwise operate under the sanction or recognition of the district. (24 P.S. Sec. 5353) Any person who causes or participates in hazing may also be subject to criminal prosecution. (24 P.S. Sec. 5353) References: School Code 24 P.S. Sec. 511 Antihazing Law 24 P.S. Sec. 5351 et seq Board Policy 122, 123, 218, 233, 317, 916 Legal 1. 24 P.S. 510 2. 24 P.S. 511 3. Pol. 122 4. Pol. 123 Last Modified by Joshua Doll on July 26, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 4/4 7/27/2016 BoardDocs® PL Book Policy Manual Section 500 Classified Employees Title Tobacco Use Number 523 Status Up For Revision Adopted September 11, 2003 Last Revised August 22, 2016 Purpose The Board recognizes that tobacco use during school hours and on school property presents a health and safety hazard that can have serious consequences for the user and the nonuser and the safety of the schools. Definition For purposes of this policy, tobacco use shall mean all use of tobacco, including cigars, cigarettes, pipes and smokeless tobacco.[1] Authority The Board prohibits tobacco use by classified employees in a school building and on any property, buses, vans and vehicles that are owned, leased or controlled by the school district.[2][3] Guidelines The district shall annually notify employees about the district's tobacco use policy by publishing such in handbooks, newsletters, posted notices, and other efficient methods. A violation of this policy shall be punishable by a civil fine of not more than fifty dollars ($50.00). Incidents of possession, use and sale of tobacco by any person on school property shall be reported to the Office of Safe Schools on the required form at least once each year.[4] Legal 1. 18 Pa. C.S.A. 6306.1 2. 20 U.S.C. 7181 et seq 3. 35 P.S. 1223.5 4. 24 P.S. 1303A Last Modified by Joshua Doll on July 27, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/1 7/27/2016 BoardDocs® PL Book Policy Manual Section 800 Operations Title Conflict of Interest Number 827 Status Up For Revision Adopted June 16, 2016 Last Revised August 22, 2016 Purpose This policy shall affirm standards of conduct established to ensure that Board members and employees avoid potential and actual conflicts of interest, as well as the perception of a conflict of interest. Definitions Confidential information shall mean information not obtainable from reviewing a public document or from making inquiry to a publicly available source of information.[1] Conflict or Conflict of interest shall mean use by a Board member or district employee of the authority of his/her office or employment, or any confidential information received through his/her holding public office or employment, for the private pecuniary benefit of him/herself, a member of his/her immediate family or a business with which s/he or a member of his/her immediate family is associated. The term does not include an action having a de minimis economic impact, or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the Board member or district employee, a member of his/her immediate family or a business with which s/he or a member of his/her immediate family is associated. [1] De minimis economic impact shall mean an economic consequence which has an insignificant effect. [1] Financial interest shall mean any financial interest in a legal entity engaged in business for profit which comprises more than five percent (5%) of the equity of the business or more than five percent (5%) of the assets of the economic interest in indebtedness.[1] Honorarium shall mean payment made in recognition of published works, appearances, speeches and presentations, and which is not intended as consideration for the value of such services which are nonpublic occupational or professional in nature. The term does not include tokens presented or provided which are of de minimis economic impact.[1] Immediate family shall mean a parent, parentinlaw, spouse, child, spouse of a child, brother, brotherinlaw, sister, sisterinlaw, or the domestic partner of a parent, child, brother or sister.[1] Business partner shall mean a person who, along with another person, plays a significant role in owning, managing, or creating a company in which both individuals have a financial interest in the company. https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 1/4 7/27/2016 BoardDocs® PL Delegation of Responsibility Each employee and Board member shall be responsible to maintain standards of conduct that avoid conflicts of interest. The Board prohibits members of the Board and district employees from engaging in conduct that constitutes a conflict of interest as outlined in this policy. Guidelines All Board members and employees shall be provided with a copy of this policy and acknowledge in writing or electronically that they have been made aware of it. Additional training shall be provided to designated individuals. All Board members and any employee engaged in the selection, award, and administration of contracts shall be provided with a copy of this policy and acknowledge that the District has made them aware of it. Additional training may be provided to designated individuals. Disclosure of Financial Interests No Board member shall be allowed to take the oath of office or enter or continue upon his/her duties, nor shall s/he receive compensation from public funds, unless s/he has filed a statement of financial interests as required law.[2] The district solicitor and designated district employees shall file a statement of financial interests as required by law and regulations.[3][4] Standards of Conduct The district maintains the following standards of conduct covering conflicts of interest and governing the actions of its employees and Board members engaged in the selection, award and administration of contracts.[5] No employee or Board member may participate in the selection, award or administration of a contract supported by a federal award if s/he has a real or apparent conflict of interest as defined above, as well as any other circumstance in which the employee, Board member, any member of his/her immediate family, his/her business partner, or an organization which employs or is about to employ any of them, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. [5] The district shall not enter into any contract with a Board member or employee, or his/her spouse or child, or any business in which the person or his/her spouse or child is associated valued at $500 or more, nor in which the person or spouse or child or business with which associated is a subcontractor unless the Board has determined it is in the best interests of the district to do so, and the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the Board member or employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract.[1] When advertised formal bidding is not required or used, an open and public process shall include at a minimum: 1. Public notice of the intent to contract for goods or services; 2. A reasonable amount of time for potential contractors to consider whether to offer quotes; and 3. Postaward public disclosure of who made bids or quotes and who was chosen. Any Board member or employee who in the discharge of his/her official duties would be required to vote on a matter that would result in a conflict of interest shall abstain from voting and, prior to the vote being taken, publicly announce and disclose the nature of his/her interest as a public record.[1] https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 2/4 7/27/2016 BoardDocs® PL No public official or public employee shall accept an honorarium.[1] Board members and employees may neither solicit nor accept gratuities, favors or anything of monetary value from contractors or parties to subcontracts, unless the gift is an unsolicited item of nominal value. Gifts of a nominal value may be accepted in accordance with Board policy.[5][6] Improper Influence No person shall offer or give to a Board member, employee or nominee or candidate for the Board, or a member of his/her immediate family or a business with which s/he is associated, anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror's or donor's understanding that the vote, official action or judgment of the Board member, employee or nominee or candidate for the Board would be influenced thereby.[1] No Board member, employee or nominee or candidate for the Board shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding of that Board member, employee or nominee or candidate that the vote, official action or judgment of the Board member, employee or nominee or candidate for the Board would be influenced thereby.[1] Organizational Conflicts Organizational conflicts of interest may exist when due to the district’s relationship with a subsidiary, affiliated or parent organization that is a candidate for award of a contract in connection with federally funded activities, the district may be unable or appear to be unable to be impartial in conducting a procurement action involving a related organization.[5] In the event of a potential organizational conflict, the potential conflict shall be reviewed by the Superintendent or designee to determine whether it is likely that the district would be unable or appear to be unable to be impartial in making the award. If such a likelihood exists, this shall not disqualify the related organization; however, the following measures shall be applied: 1. The organizational relationship shall be disclosed as part of any notices to potential contractors; 2. Any district employees or officials directly involved in the activities of the related organization are excluded from the selection and award process; 3. A competitive bid, quote or other basis of valuation is considered; and 4. The Board has determined that contracting with the related organization is in the best interests of the program involved. Reporting Any perceived conflict of interest that is detected or suspected by any employee or third party shall be reported to the Superintendent. If the Superintendent is the subject of the perceived conflict of interest, the employee or third party shall report the incident to the Board President. Any perceived conflict of interest of a Board member that is detected or suspected by any employee or third party shall be reported to the Board President. If the Board President is the subject of the perceived conflict of interest, the employee or third party shall report the incident to the Superintendent, who shall report the incident to the solicitor. No reprisals or retaliation shall occur as a result of good faith reports of conflicts of interest. Investigation Investigations based on reports of perceived violations of this policy shall comply with state and federal laws and regulations. No person sharing in the potential conflict of interest being investigated shall be https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 3/4 7/27/2016 BoardDocs® PL involved in conducting the investigation or reviewing its results. In the event an investigation determines that a violation of this policy has occurred, the violation shall be reported to the federal awarding agency in accordance with that agency’s policies. Disciplinary Actions If an investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. District staff shall document the corrective action taken and, when not prohibited by law, inform the complainant. Violations of this policy may result in disciplinary action up to and including discharge, fines and possible imprisonment. Disciplinary actions shall be consistent with Board policies, procedures, applicable collective bargaining agreements and state and federal laws.[7][8][9] Legal 1. 65 Pa. C.S.A. 1101 et seq 2. Pol. 004 3. 51 PA Code 15.2 4. 65 Pa. C.S.A. 1104 5. 2 CFR 200.318 6. Pol. 322 7. Pol. 317 8. Pol. 417 9. Pol. 517 Pol. 011 Pol. 319 Pol. 419 Pol. 519 Last Modified by Joshua Doll on July 27, 2016 https://www.boarddocs.com/pa/dalt/Board.nsf/Private?open&login# 4/4