re.vise1): 113. special education .l i kl … 14.104 34 cfr sec. 300.1 ons n4t4tndefiniti sc...

No. 113ENCLOSURE # 7

C’ T r’mT 7. T T 1f’ T 1 C’

DAT TAFUCTill t. C01(’i A I L1T(’ A TT(\\r

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SCHOOL DISTRICTA PWDTEF’. ‘ )ñfl1

RE.VISE1):

113. SPECIAL EDUCATION

1. PurposeTitle 22Sec. 4.28, 12.1,

12.4.14.6102,

14.10434 CFRSec. 300.1

onsn4t4tnDefiniti

SC -1-374502Title 22Sec. 14.10120 U.S.C.Sec. 140134 CFRSec. 300.8Pol. 103.1

Title 22Sec. 14.13134 CFRSec. 300.320-

300.324

district shall be

offered an educational program offer each student with a disability education

programs and services that ffieets4he4 4’ -i4ual’ appropriately meet the student’s

needs for educational, instructional, transitional and related services-needs. The .A

student who requires special education pfegfaiwshall be-4e&ine4receive programs

and services according to comply with law; confonnan individualized education

program (IEP). The IEP shall provide access to d4stfiet-geab; ,-to-the district’s

general curriculum and participation in state and local assessments. inclu4jg

supplemental aids and services that permit the student to be educated, to the

maximum extent feasb -a stentappropriate, with the—best

terestsnondisabled peers. The district shall provide a continuum of placement

options to appropriately meet the exceptional student and other needs of students7

i+itegramspeeie-l—e4uea6en-with thgu4e6eng-the

schoolsdisabilities.

Exceptional students sei’ed by the special educationprogram of4hdnr+et-shal4

include those school age children, as defined by law, resident in the district who so

deviate from the average in physical, mental, emotional or social characteristics that

they require special educational programs, facilities or services.

Students with disabilities - school-aged children within the jurisdiction of the

district who have been evaluated and found to have one or more disabilities as

defined by law, and who require. because of such disabilities, special education and

related services. School-aged children who have identified disabilities but do not

require special education may be entitled to accommodations or services or to enroll

in courses of study in the district which serve students with disabilities pursuant to

other law or Board policy.

Individualized Education Program (IEP) - the written educational statement for

each student with a disability that is developed, reviewed and revised in accordance

with federal and state laws and regulations.

20 U.S.C.

of 9

113. SPECIAL EDUCATION - Pg. 2

Sec. 140134 QFRSec. 300.30

Parent/Guardian - for purposes of this policy and Board policies related to specialeducation, parent/guardian shall have the definition of parent in IDEA statute andregulations, which includes a biological or adoptive parent of a child; -a fosterparent, unless prohibited by state law or regulations; a guardian authorized to act as

3. AuthoritySC 1372Title 22Sec. 4.28, 12.1

12.41,14.101 etseg

20 U.S.C.Sec. l400et seq29 U.S.C.Sec. 79442 U.S.C.Sec. 12101 etseq34 CFRPart 300Title 22

I 1 -t

gC43-7-2Title 22Sec. 4.13. 14.104Pol. 100

SC 1372Title 22Sec. 14.104

Title 22Sec. 14.104

4. Delegation ofResponsibility

the child’s parent. in accordance with law or regulations: an individual acting in theplace of a parent, including a grandparent or other relative, with whom the childlives or an individual legally responsible for the childs welfare; or an appointedsuogate parent, in accordance with law and regulations.

The Board directs that all students with disabilities shall be identified, evaluated,p-1ae4-and provided with appropriate educational programs and services, inaccordance with federal and state laws; and regulations. The district shall establishand implement a system of procedural guardssafeguards andparen-talparent/guardian notification as part of its Special Education Plan.

nrticinnt in ncin1 education progrnmc f Rnkc (nnntv Tntprrnpc1int I Jnit Nn 2;-.i ,i;..;-.+

.J’ —. ,. ..• ., “.

The district’s Special Education Plan shall include procedures for identifying andeducating students with disabilities and shall be aliuned with the Strategic Planadopted by the Board.

The Board shall determine the facilities, programs, services and staff that wi—l4shallbe provided by the district for the instruction ofe*€p4 ‘students withdisabilities, based upon the identified needs of the district’s special educationpopulation.

In order to maintain an effective Special Education Plan, the Board may participatein special education programs of Bucks County Intermediate Unit No. 22 and nearbyschool districts and Intermediate Units.—

The Superintendent or designee is directed to annually recommend to the Board theemployment and retention of necessary, qualified staff and provision of required

of 29


facilities, programs and services to provide for the needs of e*eep4iena4studentswith disabilities.

The Superintendent or designee shall develop procedures for edueaiekiatienefevaluating the effectiveness of the district*s plan for exceptional studentsSpecialEducation Plan and shall periodically report to the Board the criteria and results ofsuch evaluation.

5. Guidelines 1hejwegm4o-wkieheaeh-e*ee$I*ftaIEach student i&iis4gnedwith a disabilityTitle 22 determined eligible for Special Education services shall be that-whieh-bes4-assiwesSec. 4.28. l4.38 the individuaPs success in learning and offerseducated pursuant to an IEP which

4444145 shall provide an appropriate education in the least restrictive environment, in20 U.S.C. accordance with federal and state regulations.Sec. 141434 CFRSec. 300.320-

300.327

Pol. 103, 103.1 The district prohibits discrimination based on disability. Students with disabilitiesare entitled to receive services and accommodations which will permit them toparticipate in district programs, services and activities as required by law.

Title 22 The district’s Special Education Plan shall comply with the requirements of state andSec. 14.104 federal law and regulations. The district shall establish procedures to ensure the plan34 CFR is updated and implemented as necessary. The Special Education Plan shall address:Sec. 300.201

et seq1. Educational plans.

2. Child find.

3. Identification of special education programs that operate in the district, thoseoperated in the district by the Intermediate Unit, vocational schools and otheragencies.

4. Staff and parent/guardian training.

5. Assessments.

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6, Screening.

7. Criteria the district will use to identify specific learning disabilities.

Pol. 113.3 8. Evaluation.

9. Re-evaluation.

10. Individualized Education Programs (TEPs), including examples of supplementaryaids and services provided by the district.

11. Extended School Year services (ESY).

Pol. 113.2 12. Behavior support.

13. A full continuum of educational placements and evidence that placements inother than regular education settings are not based on lack of resources, facilities,staff or for administrative convenience.

Pol. 113.1 14. Disciplinary placements.

15. Facilities.

16. Early intervening services, if provided by the district.

17. Procedural safeguards.

Pol. 113.4 18. Confidentiality of information.

19. Highly qualified staff.

20. Maintenance of information concerning students with disabilities, servicesprovided, performance and discipline data, and report information as required bythe Secretary of the Department of Education.

Title 22 if the district is identified with significant disproportionality, the Special EducationSec. 14.104 Plan shall include prevention measures for inappropriate overidentification and

disproportionate representation by race or ethnicity of children with disabilities.

Fiscal And Program Compliance

of 29


i- ‘‘t’ r’’’’

The Superintendent or designee shall establish procedures to ensure that the districtcomplies with all federal and state law and regulations and program requirements forspecial education-related funding and reimbursement.

The district may coordinate with Bucks County Intermediate Unit

No exceptional student shall be denied, because of handicap/disability, participationn fin - nh,,.r n 1 nr ntrcnjnrri,’,

nfn,,- ,rrrnlnl-,r +n +l,n rtn,-l.,,-.fr ,j,.,,f n-,lnr’ c,

:fl.-I 1-. +kn I,..-,,4:nn-.i,1;-nk;1 ,,

The district’s public awareness activities shall include annual publication of awritten notice in newspapers and other media notifying residents about childidentification activities: available special education services and programs and howto request them: and procedures used to ensure confidentiality of studentinformation. Written information shall he published in district handbooks and on thedistrict website, Public awareness activities must include information regardingpotential signs of developmental delays and other risk factors that could indicatedisabilities.

The Intermediate Unit shall be responsible for conducting child find activitiesnecessary to provide equitable participation services to students with disabilities whoare enrolled by their parents/guardians in private schools.

Screening

11t 1AicQ

No. 22— to establish procedures, fulfill reporting requirements and participate inapplicable programs.

Child Find/Outreach

Title 22Sec. 14.12134 CFRSec. 300.111

The Superintendent or designee shall ensure that the district annually conductsawareness and outreach programs and activities designed to reach district residentsincluding parents/guardians of students with disabilities who are enrolled in thedistrict, preschool-aged children, students who attend private schools, homelesschildren and children who are wards of the state.

42 U.S.C.__g4-3

103

of 29


Title 22 The district shall establish a system of screening, including hearing and visionSec. 14.122 screenings. Screenings shall be conducted at reasonable intervals to determinePol. 209 whether all students are performing based on grade-appropriate standards in core

academic subjects.

Confidentiality

Title 22 The district shall maintain a system of safeguards to protect the confidentiality ofSec. 15.9 students’ educational records and personally identifiable information when34 CFR collecting. storing, disclosing and destroying student records.Sec. 300.611-

300.627 District staff shall maintain the confidentiality of student records and personallyPol. 113.4 identifiable information, as required by law, regulations and Board policy.

Recording Of Meetings

heese4it4 Except as specifically provided for within this policy, the district prohibitsoptions-or audio, video and electronic recording of meetings between parents/guardians and(3se-4 option) district teachers, paraprofessionals, program specialists, consultants or

administrators.

f—I-—An attempt to record a meeting by a parent/guardian after a verbal prohibitionby district staff shall result in immediate termination of the meeting and may resultin ejection from district property and possible prosecution.

The district shall permit audio recording of a meeting when a participantsubmits, at least five (5) days prior to the meeting, documentation that substantiates:

1. Participant has a disability or limited English proficiency that significantly limitshis/her ability to meaningfully understand or participate in the meeting’sintended decision-making and recording is the only feasible means ofaccommodating the limitation.

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2. Individual has a legitimate interest in attending the meeting but for good cause isunable to do so. and recording is the only feasible means by which s/he canmeaningfully understand and participate in the decision-making.

I I The district shall permit audio recording of a meeting betweenparents/guardians and district teachers. paraprofessionals. program specialists.consultants or administrators when the parent’guardian submits, at least five (5) daysprior to the meeting. notification to the building principal of the intent to record the

When permission to record a meeting is granted, the district employee responsiblefor the meeting shall arrange to record the meeting by similar means. Such recordingshall be considered part of the student’s educational record and be subject to relevantlaw and regulations.

The district may permit videotaping of a meeting when written consent is given byall participants at the meeting.

References:

School Code —24 P.S. Sec. 502. 1371, 1372

State Board of Education Regulations —22 PA Code Sec. 4.13, 4.28, 12.1, 12.4,12.41, 14.101 etseq.. 15.9

Individuals With Disabilities Education Act — 20 U.S.C. Sec. 1400 et seq.

Section 504 of the Rehabilitation Act — 29 U.S.C. Sec. 794

Americans With Disabilities Act —42 U.S.C. Sec. 12101 et seq.

Individuals With Disabilities Education Act, Title 34, Code of Federal Regulations —

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34 CFR Part 300

Pennsylvania Training and Technical Assistance Network — vw.pattan.net

Board Policy—100J03, 103.1. 113.1. 113.2. 113.3. 113.4.209.216.914

All services, e.g., shop, art. physical education, music. home economics. etc., which

NOTE&

Contact district if there is no backup on whether they prohibit or allowrecording of meetings select options according to district practice

**liicpude the general population of following option under Authority if backup

ii3dircates that the district adopts and uses the TU or PDE’s LEA Policies and

Procedures manual for special educationNote on the Cross Reference that the PSBA policies pertaining to specialeducation students have been drafted for the district and may be adopted by -the

Board in addition to the IU/PDE Policies and Procedures. or the Board mwchoose to adopt the IU/PDE Policies and Procedures only. The Policies—andProcedures may be maintained separate from the Policy Manual or may beincluded in the Administrative Regulations Manual.

The Board shall be provided for exceptionalalso adopt and comply with

the linsert Intermediate Unit Title or Pennsylvania Department of Education

I I \1 Policie and Pioceduies vhich meet the leguilements of state and tedeial

icies and procedures shall he available in the district—adrnat4fre

**Iftle district communicates that the Board only adopts the 1U/PDE Policiesbe placed in the 11 3 polic’ and a11

other language in Policy 113. as well as Policies 113.1. 113.2, 113.3. 1 13A. etc.

should be deleted

I The Board adopts and complies with the Finsert Intermediate Unit

Thle or Pennsylvania Department of Education LEA1 Policies andProcedures which meet the requirements of state and federal law and reulat-i-o-n-s

for students with disabilities. A copy of these policies and proee1urcs shall heavailable—in the district administrative office.

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%J- 1121

CE (TTr\ 1. nnrro Ar1C

r\Cf’ITH TKTI’ (t’ C’’r’T rV’Tkl’1’C’

PALISADESSCHOOL DISTRICT AflflPTFfl 1innnrv ‘)(ifll

REVISED:

1. PurposeTitle 22Sec. 14.3-6133PoT. 113. 113.2

113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES

Title 22Sec. 14.133,

Behavioral interventions The district shall b-ue€1--w develop and implementpositive Behavior Support Plans and programs for students with disabilities whorequire specific interventions to promote and strengthen desirahleaddress behaviors

÷-. ;,1.f;-c,4 nannronr’’;;;t;;:;;ii;;i:’

14.14334 CFRSec. 300.530Pol. 218, 233

Students with disabilities who violate the Code of Student Conduct, or engage ininappropriate behavior, disruptive or prohibited activities and/or actions injurious tothemselves or others. which would typically result in corrective action or discipline ofstudents without disabilities, shall be disciplined in accordance with state and federallaws and regulations and Board policy and, if applicable, their Individualized

a univiurai intetention plan and Board policy (IEP) andEducation PvcBehavior Support Plan.

2, DefinitionsPol. 113

Students with disabilities - school-aged children within the jurisdiction of the

related services.

district who have been evaluated and found to have one or more disabilities as

Title 22Sec. 12.6Pol. 233

defined by law, and who require, because of such disabilities, special education and

(1) to ten (10) consecutive school days:

Fitle 22Sec. 12.6Pol. 233

Suspensions from school - disciplinary exclusions from school for a period of one

exclusion from school.

20 U.S.C.Sec. 1415(k)

Expulsions from school - disciplinary exclusions from school by the Board for aperiod exceeding ten (10) consecutive school days and may include permanent

34 CFRSec. 300.530(g)

Interim alternative educational settings - removal of a student with a disabilityfrom his/her current placement. Interim alternative educational settings may be usedby school personnel for up to forty-five (45) school days for certain infractionscommitted by students with disabilities. The IEP team shall determine the interim

placement for a student with a disability.alternative educational setting; however, this does not constitute a change in

Page 1 of 27

—113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 2

2. AuthorityTitle 22Sec. 14.14320 U.S.C.Sec. 1400-ct

seql4I5(k) 34CFR

Title 22Sec. 14.35

300.530

Title 22Sec. 12.6(e)20 U.S.C.Sec. 612a (1

fAI412(a)34 CFRSec. 300.530(b).

(d)

4. Guidelines

3. GuidelinesTitle 22Sec. 12.6. 14.14320 U.S.C.Sec. 1415-(c)

(-3-jk) 34 CFRSec. 300.3

_r1_t ,.5 U U..5.5

The Board directs that the district shall comply with provisions and proceduralsafeguards of the Individuals With Disabilities Education Act (IDEA) and federal andstate regulations when disciplining students with disabilities for violations of Boardpolicy or district po 4e an sehoel-rules andor regulations. No student with adisability shall be subjected to a disciplinary change in placement if the student’sparticular misconduct is a manifestation of his/her disability. However, under certaincircumstances a student with a disability may be placed in an interim alternativeeducational setting by school personnel or the IEP team could, if appropriate, changethe student’s educational placement to one which is more restrictive than theplacement where the misconduct occurred.

Provision Of Education During Disciplinary Exclusions

During any period of expulsion, or suspension from school for more than ten (10)cumulative days in a year, or placement in an interim alternative educational settingfbr disciplinary action, thereasons, a student with a disability shall continue to receivea free and appropriate education, in accordance with federal—law.

Suspension From School

A die’ student with a disability may be suspended for an aggregate often (10)consecutive and fifteen (15) cumulative days of school per school year, regardle&&-efwhetherfor the student’s behavior is a manifestation of the student’s disability, exceptthat-thesame reasons and duration as a student without a disability. Such suspensionshall continue to receive appropriatenot constitute a change in the student’seducational ewiees during the period of s-uf;pensi-on--placement.

Changes In Educational Placement/Manifestation Determinations

.wrnIcrMT,tarrrnrjr1aIz - Ue , ta.. tict,

manifestation of the student’s disability.For disciplinary exclusions which constitute a change in educational placement, the

Title 22Sec. 14.14334 CFRSec. 300.530

\,-, r.ti-Li,-st_,t4th a -i;-1-i;i- .kaiU,, i’ th -1i-’. -;---. ;..

district shall first determine whether the student’s behavior is a manifestation ofhis/her disability. Expulsion, or exclusion from school for more than fifteen (15)cumulative days in a year. or patterns of suspensions for substantially identicalbehaviors constitute changes in educational placements requiring a manifestationdetermination. For students with intellectual disability, any disciplinary suspension orexnulsion is a chance in educational niacernent.

Page 2 of27


Title 22Sec. 14.14334 CFRSec. 300.530(c)Pol. 218, 233

20 U.S.C.Sec. 1415(k)34 CFRSec. 300.532

20 U.S.C.Sec. 1415(k)34 CFRC,,ec. iuu.’ii

A student with a disability whose behavior is not a manifestation of thestudent’shis/her disability may be expelled pursuant to disciplined in accordance withBoard policy, district p eEl e&.e*eept-that-rules and regulations in the samemanner and to the student shall continue to receive appropriate educational servicesduring the period of expulsionsame extent as students without disabilities.

Parent/Guardian Appeals From Disciplinary Actions/Request For Hearing By DistrictFor Students Who Are A Danger To Themselves Or Others

to an alternative ;ettingfor forty fie (‘1 S*El+y:where the district demonstrates by substantial evidence that maintaining the disabledstudenfs current placement is substantially likely to result in injury to the student orothers.A due process hearing may be requested by a parent/guardian of a student with adisability who disagrees with a disciplinary placement or manifestationdetermination, or by the district if the district believes that the current placement issubstantially likely to result in injury to the student or others. On parent/guardianappeal, or when the district requests a due process hearing, the hearing officer mayreturn the student to the placement from which s/he was removed or order his/herremoval to an appropriate interim alternative educational setting for up to forty-five(45) school days if the hearing officer determines that maintaining the child’s currentplacement is substantially likely to result in an injury to the student or others.

Placement during appeals of disciplinary actions shall be in the interim alternativeeducational setting pending the decision of the hearing officer or expiration of thetime period set for the disciplina’ exclusion from the student’s regular placementunless the district and the parent/guardian agree otherwise.

Students Not Identified As Disabled/Pending Evaluation

20 U.S.C.Sec. 1415(k)34 CFRSec. 300.534

Students who have not been identified as disabled may be subject to the samedisciplinary measures applied to students without disabilities if the district did nothave knowledge of the disability. If a request for evaluation is made during the periodthe student is subject to disciplinary measures, the evaluation shall be expedited.

Page 3 of 27


Administrative Removal To Interim Alternative Educational Setting For CertainInfractions

A disabled School personnel may remove a student who e&i4e&*-w’ with adisability, including intellectual disability, to seheol or a school function may beremoved from the current placement. The student shall be placed in an appropria.interim alternative educational setting for no more than forty-five (45) schooldays; without regard to whether the behavior is determined to be a manifestation ofthe student’s disability if the student:

LAccording to statute, Carries a weapon shal4—leto or possesses a weapon at school.on school property, or at school functions under the jurisdiction of the district. Forpurposes of this provision, weapon is defined as a weapon, device, instrument,material, or substance, animate or inanimate, that is used for, or is readily capableof, causing death or serious bodily injury, except that such term does not include apocket knife with a blade of less than 2 1 /2two and one-half (2 ‘/2) inches inlength.

2. Knowingly possesses or uses illegal drugs, as defined by law, or sells or solicitsthe sale of a controlled substance. as defined by law. while at school. on schoolproperty. or at school functions under the jurisdiction of the district.

3. I-las inflicted serious bodily iniury upon another person while at school, on schoolproperty. or at school functions under the jurisdiction of the district. For purposesof this provision, serious bodily injury means bodily injury which involves a

20U.S.C.Sec. 1415(k)34 CFRSec. 300.530(g)

18 U.S.C.Sec. 93020 U.S.C.Sec. 1415(k)34 CFRSec. 300.530(i)Pot. 218.1

20 U.S.C.Sec. 1415(k)21 U.S.C.Sec. 8 12(c)34 CFRSec. 300.530(i)Pol. 227

18 U.S.C.Sec. 1365(h)(3)20 U.S.C.Sec. 1415(k) substantial risk of death, extreme physical pain, protracted and obvious

Page 4 of 27

113.1: DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 5

34 CFRSec. 300.530(i)

disfigurement. or protracted loss or impairment of the function of a bodilymember, organ or mental faculty.

Referral To Law Enforcement And Reporting Requirements

c’r’ 1L liU.)

Title 22Sec. 10.235 P.S.Sec. 780-102

SC 1302.1-ATitle 22Sec. 10.2, 10.21,

10.22,1 (-I ‘1I U.Z.,

10.25,14.104,I A I ‘‘I11+.! .,3

20 U.S.C.Sec. 1415(k)34 CFRSec. 300.535Pol. 103.1. 113,

1 11lii.

113.3.218,218.1,218.2, 222.227. 805.1

Title 22Sec. 10.23,

14.133PoT. 113.2, 113.3

Title 22Sec. 10.2, 10.21,

Drugs/Gontro•lied-uFor reporting purposes. the term incident shall mean an instance involving an act ofviolence; the possession of a weapon; the possession. use. or sale of a controlledsubstance or drug paraphernalia as defined in the Pennsylvania Controlled Substance,Drug, Device and Cosmetic Act; the possession. use, or sale of alcohol or tobacco; orconduct that constitutes an offense listed under the Safe Schools Act.

A disabled student who knowingly possesses or uses illegal drugs or sells or solicitsthe sale of a controlled substance while at school or a school function may beran,n..’a, 4’rnn, tha ni ,rrc,nt ni nnarnant T1,a ct, i,-lant clIp 11 h nI nc.arl n n, n,,n,.nnr ritaI LL fl.J V ¼,ti II ‘.JIII lLI Ut I I1L fJIa.. C/IIIIIL. I II 0 iCl%I¼1it Olhilli tJ’.. %,%U ici all aiic VJfJI LU tV.

interim alternative educational setting for no more than forty five (45) days.The Superintendent or designee shall immediately report required incidents and mayreport discretionary incidents committed on school property, at any school-sponsoredactivity or on a conveyance providing transportation to or from a school or school-sponsored activity by a student with a disability, including a student for whom anevaluation is pending, to the local police department that has jurisdiction over theschool’s property, in accordance with state and federal laws and regulations, theprocedures set forth in the memorandum of understanding with local law enforcement

and Board policies. The Superintendent or designee shall respond to such incidents inaccordance with the district’s Special Education Plan and. if applicable, theprocedures. methods and techniques defined in the student’s Behavior Support Plan.

For a student with a disability who does not have a Behavior Support Plan.subsequent to notification to law enforcement, the district shall convene the student’sIEP team to consider whether a Behavior Support Plan should be developed toaddress the student’s behavior, in accordance with law, regulations and Boardpolicies.

When reporting an incident committed by a student with a disability to theappropriate authorities, the district shall provide the information required by state andfederal laws and reetilations and shall ensure that conies of the snecial education and1022. 10.23

Page 5 of 27

—l 13.1: DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 6

20 U.S.C. disciplinary records of the student are transmitted for consideration by theseSec. 1415(k)(6) authorities. The district shall transmit copies of the student’s special education and34 CFR disciplinary records only to the extent that the transmission is permitted by the FamilySec. 300.535 Educational Rights and Privacy Act.Pol. 113.4,216.

805.1

SC 1303-A In accordance with state law, the Superintendent shall annually, by July 31, report toPol. 805.1 the Office for Safe Schools on the required form all new incidents committed by

students with disabilities, including students for whom an evaluation is pending,which occurred on school property, at any school-sponsored activity or on aconveyance providing transportation to or from a school or school-sponsored activity.

2ugG. References:‘‘7pfrp

School Code —24 P.S. Sec. 510, 1302.1-A, 1303-A

PA Controlled Substance, Drug, Device and Cosmetic Act — 35 P.S. Sec. 780-102

State Board of Education Regulations —22 PA Code Sec. 10.2, 10.21, 10.22, 10.23,10.25, 12.6, 14.104, 14.133, 14.143

Crimes Code, Possession of Firearms and Dangerous Weapons —

18 U.S.C. Sec. 930

Crimes Code, Definition, Serious Bodily Injury — 18 U.S.C. Sec. 1365(h)(3)


Controlled Substances Act — 21 U.S.C. Sec. 812


34 CFR Part 300

BoardPolicy—103.l,113.113.2,1l3.3,113.4,216,218,218.1,218.2,222,227.233, 805.1

Page 6 of 27

No, 113.2

SECTION: PROGRAMS

PALISADESTITLE: BEHAVIOR SUPPORT

SCHOOL DISTRICTADOPTED:

REVISED:

113.2. BEHAVIOR SUPPORT

1. Purpose Students with disabilities shall be educated in the least restrictive environment andTitle 22 shall only be placed in settings other than the regular education class when theSec. 14.133, nature or severity of the student’s disability is such that education in the regular

14.145 education class with the use of appropriate supplementary aids and services cannot20 U.S.C. be achieved satisfactorily. The JEP team for a student with a disability shall developSec. 14 14(d) a positive behavior support plan if the student requires specific intervention to34 CFR address behavior that interferes with learning. The identification, evaluation, andSec. 300.114, plan or program shall be conducted and implemented in accordance with state and

300.324(a) federal laws and regulations.

2. Authority The Board directs that the district’s behavior support programs shall be based onTitle 22 positive rather than negative behavior techniques to ensure that students shall be freeSec. 14.133 from demeaning treatment and unreasonable use of restraints or other aversive20 U.S.C. techniques. The use of restraints shall be considered a measure of last resort andSec. 14 14(d), shall only be used afler other less restrictive measures, including de-escalation

14 15(k) techniques. Behavior support programs and plans shall be based on a functional34 CFR assessment of behavior and shall include a variety of research-based techniques toSec. 300.34(c), develop and maintain skills that will enhance students’ opportunity for learning and

300.324(a), self-fulfillment.300.530(d),(f)

Pol. 113, 113.1,113.3

3. Definitions The following terms shall have these meanings, unless the context clearly indicatesTitle 22 otherwise.Sec. 14.133

Aversive techniques - deliberate activities designed to establish a negativeassociation with a specific behavior.

Behavior support - development. change and maintenance of selected behaviorsthrough the systematic application of behavior change techniques.

Page 1 of7

113.2. BEHAVIOR SUPPORT - Pg. 2

Behavior Support Plan or Behavior Intervention Plan - plan for students withdisabilities who require specific intervention to address behavior that interferes withlearning. A positive Behavior Support Plan shall be developed by the IEP team, bebased on a functional behavioral assessment, and become part of the individualstudent’s IEP. These plans must include methods that use positive reinforcements,other positive techniques and related services required to assist a student with adisability to benefit from special education.

Positive techniques - methods that utilize positive reinforcement to shape astudent’s behavior, ranging from the use of positive verbal statements as a reward forgood behaviors to specific tangible rewards.

Restraints - application of physical force, with or without the use of any device,designed to restrain free movement of a student’s body, excluding the following:

1. Briefly holding a student, without force, to calm or comfort him/her.

2. Guiding a student to an appropriate activity.

3. Holding a student’s hand to escort himlher safely from one area to another.

4. Hand-over-hand assistance with feeding or task completion.

5. Techniques prescribed by a qualified medical professional for reasons of safetyor for therapeutic or medical treatment, as agreed to by the student’sparents/guardians and specified in the JEP.

6. Mechanical restraints governed by this policy, such as devices used for physicalor occupational therapy, seatbelts in wheelchairs or on toilets used for balanceand safety, safety harnesses in buses, and functional positioning devices.

Seclusion - confinement of a student in a room, with or without staff supervision, inorder to provide a safe environment to allow the student to regain self-control.

Pol. 113 Students with disabilities - school-aged children within the jurisdiction of thedistrict who have been evaluated and found to have one or more disabilities asdefined by law, and who require, because of such disabilities, special education andrelated services.

4. Delegation of The Superintendent or designee shall ensure that this Board policy is implemented inResponsibility accordance with federal and state laws and regulations.

Page 2 of 7


The Superintendent or designee shall develop administrative regulations toimplement this policy.

Title 22 The Superintendent or designee shall provide regular training, and retraining asSec. 14. 133 needed, of staff in the use of specific procedures, methods and techniques, including

restraints and seclusions, that will be used to implement positive behavior supportsor interventions in accordance with students’ IEPs and Board policy.

Title 22 The Superintendent or designee shall maintain and report data on the use ofSec. 14.13 3 restraints, as required. Such report shall be readily available for review during the

state’s cyclical compliance monitoring. Procedures shall be established requiringreports be made to the district by entities educating students with disabilities whoattend programs or classes outside the district, including private schools, agencies,intermediate units and vocational schools.

5. Guidelines Development of a separate Behavior Support Plan is not required when appropriateTitle 22 positive behavioral interventions, strategies and supports can be incorporated into aSec. 14.133 student’s IEP.34 CFRSec. 300.324(a)

When an intervention is necessary to address problem behavior, the types ofintervention chosen for a student shall be the least intrusive necessary.

Physical Restraints

Title 22 Restraints to control acute or episodic aggressive behavior may be used only whenSec. 14.133 the student is acting in a manner that presents a clear and present danger to the

student, other students or employees, and only when less restrictive measures andtechniques have proven to be or are less effective.

Title 22 The Director of Pupil Services or designee shall notify theSec. 14.133 parent/guardian as soon as practicable of the use of restraints to control the

aggressive behavior of the student and shall convene a meeting of the IEP teamwithin ten (10) school days of the use of restraints, unless the parent/guardian, afterwritten notice, agrees in writing to waive the meeting. At this meeting, the IEP teamshall consider whether the student needs a functional behavioral assessment, reevaluation, a new or revised positive Behavior Support Plan, or a change ofplacement to address the inappropriate behavior.

Page 3 of 7


Title 22 The use of restraints shall not be included in the IEP for the convenience of staff, as

Sec. 14.133 a substitute for an educational program, or employed as punishment. Restraints maybe included in an IEP only if:

1. The restraint is used with specific component elements of a positive BehaviorSupport Plan.

2. The restraint is used in conjunction with teaching socially appropriate alternativeskills or behaviors.

3. Staff are authorized to use the restraint and have received appropriate training.

4. Behavior Support Plan includes efforts to eliminate the use of restraints.

Mechanical Restraints

Title 22 Mechanical restraints, which are used to control involuntary movement or lack of

Sec. 14.133 muscular control of students when due to organic causes or conditions, may beemployed only when specified by an IEP and as determined by a medicalprofessional qualified to make the determination, and as agreed to by the student’sparents/guardians. This does not include factory-installed seatbelts/harnesses.

Mechanical restraints shall prevent a student from injuring himlherself or others orpromote normative body positioning and physical functioning.

Seclusion

The district permits involuntary seclusion of a student in accordance with thestudent’s IEP or in an emergency to prevent immediate or imminent injury to thestudent or others, but the seclusion must be the least restrictive alternative.

Title 22 The district prohibits the seclusion of students in locked rooms, locked boxes and

Sec. 14.133 other structures or spaces from which the student cannot readily exit.

Aversive Techniques

Title 22 The following aversive techniques of handling behavior are considered inappropriate

Sec. 14.133 and shall not be used in educational programs:

1. Corporal punishment.

2. Punishment for a manifestation of a student’s disability:.except as determined bythe building administrator er-and JEP team.

Page 4 of 7


3. Locked rooms, locked boxes, other locked structures or spaces from which thestudent cannot readily exit.

4. Noxious substances.

5. Deprivation of basic human rights, such as withholding meals, water or fresh air.

Title 22Sec. 14.143

6. Suspensions constituting a pattern as defined in state regulations.

7. Treatment of a demeaning nature.

8. Electric shock.

9. Methods implemented by untrained personnel.

10. Prone restraints, which are restraints by which a student is held face down on thefloor.

Referral To Law Enforcement

SC 1302.1-ATitle 22Sec. 10.2, 10.21,

10.22, 10.23,10.25,14.104,14.133

20 U.S.C.Sec. 1415(k)34 CFRSec. 300.535Pol. 103.1, 113,

113.1,218. 218.1,218.2, 222.227, 805.1

Title 22Sec. 10.23,

14.133Pol. 113.3

The Superintendent or designee shall immediately report required incidents and mayreport discretionary incidents committed on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a schoolor school-sponsored activity by a student with a disability, including a student forwhom an evaluation is pending, to the local police department that has jurisdictionover the school’s property, in accordance with state and federal laws and regulations,the procedures set forth in the memorandum of understanding with local lawenforcement and Board policies. The Superintendent or designee shall respond tosuch incidents in accordance with the district’s Special Education Plan and, ifapplicable, the procedures, methods and techniques defined in the student’sBehavior Support Plan.

Subsequent to notification to law enforcement, an updated functional behavioralassessment and Behavior Support Plan shall be required for students with disabilitieswho have Behavior Support Plans at the time of such referral.

Pagc 5 of 7


Title 22 If. as a result of such referral, the student is detained or otherwise placed in a

Sec. 14.133 residential setting located outside the district, the Director of Spea1-E€h+eati

Pupil Services or designee shall ensure that the responsible school district or

intermediate unit is informed of the need to update the student’s functionalbehavioral assessment and Behavior Support Plan.

Title 22 For a student with a disability who does not have a Behavior Support Plan,

Sec. 10.23, subsequent to notification to law enforcement, the district shall convene the

14.133 student’s IEP team to consider whether a Behavior Support Plan should bedeveloped to address the student’s behavior, in accordance with law, regulations andBoard policy.

Relations With Law Enforcement

Title 22 The district shall provide a copy of its administrative regulations and procedures for

Sec. 10.23, behavior support, developed in accordance with the Special Education Plan, to each

14.104 local police department that has jurisdiction over school property. Updated copies

Pol. 113, 805.1 shall be provided each time the administrative regulations and procedures forbehavior support are revised by the district.

Title 22 The district shall invite representatives of each local police department that has

Sec. 10.23, jurisdiction over school property to participate in district training on the use of

14.104, positive behavior supports, de-escalation techniques and appropriate responses to

14.133 student behavior that may require intervention, as included in the district’s Special

Pol. 113, 805.1 Education Plan and positive behavior support program.

References:

School Code —24 P.S. Sec. 1302.1-A, 1303-A

State Board of Education Regulations —22 PA Code Sec. 10.2, 10.21, 10.22, 10.23,

10.25, 14.104, 14.133, 14.143, 14.145

Individuals With Disabilities Education Act —20 U.S.C. Sec. 1400 et seq.

Individuals With Disabilities Education Act. Title 34, Code of Federal Regulations —

34 CFR Part 300

Pennsylvania Training and Tecimical Assistance Network. Questions and Answers

on the Restraint Reporting Requirements and System,June 2009 — www.pattan.net

BoardPolicy—000,103.l,113,113.1,113.3,218,2l8.1,218.2,222,227,805.1

Page 6 of 7

No. 113.3

SECTION: PROGRAMS

TITLE: SCREENING ANDPALISADES EVALUATIONS FOR

SCHOOL DISTRICTSTUDENTS ViTH

ADOPTED:

REVISED:

113.3. SCREENI1G AND EVALUATIONS FOR STUDENTS WITHDISABILITIES

1. Purpose The Board adopts this policy to define the minimum requirements for screening;Title 22 educational evaluations conducted to determine eligibility for special educationSec. 14.122, services, instructional levels and programming requirements for students with

14.123, disabilities, including functional behavioral assessments; and requirements for14.124, independent educational evaluations.14.125,14.133

20 U.S.C.Sec. 141434 CFRSec. 300.226,

300.301-j\i’ —, I I.)UV..) 1 1,

300.502,iuu.D3

Pol. 113, 113.2

2. Authority The Board shall adopt a system of screening that may include early interveningTitle 22 services and must be designed to accomplish identification and initial screening forSec. 14.122 students prior to district referral for a special education evaluation. The system shall34 CFR provide support to staff to improve working effectively with students in the generalSec. 300.226 education curriculum, identify students who may require special education servicesPol. 209 and programs, and must include hearing and vision screening and screening at

reasonable intervals to determine whether students are performing at gradeappropriate levels in core academic subjects.

34 CFR Early intervening services shall comply with the requirements of state and federal lawSec. 3 00.226 and regulations in order to address academic concerns or behaviors that may be

impeding success, but which can be resolved through research-based interventionprograms in the regular education setting.

Page 1 of 8

113.3. SCREENING AND EVALUATIONS FOR STUDENTS WITH DISABILITIES - Pg. 2

Title 22 The Board authorizes the use of functional behavioral assessments (FBAs) as anSec. 14.133 evaluation to gather information to understand the purpose of the student’s behaviors34 CFR and to assist with developing a positive Behavior Support Plan. FBAs must beSec. 300.530 conducted when:Pol. 113. 113.1,

113.2 1. A student’s behavior interferes with his/her learning or the learning of others andinformation is necessary to provide appropriate educational programming.

2. A student’s behavior violates the Code of Student Conduct and is determined tobe a manifestation of a student’s disability.

3. A student is placed in an interim alternative educational placement for aqualifying reason permitting such placement for up to forty-five (45) school daysfor certain offenses.

4. The school contacts law enforcement regarding a student who already has apositive Behavior Support Plan.

FBAs may also constitute part of the initial evaluation to determine eligibility forspecial education.

Title 22 The district shall comply with requirements of state and federal laws and regulationsSec. 14.123 when conducting evaluations.20 U.S.C.Sec. 1414 An appropriate evaluation of a student, whether conducted by district staff or34 CFR individuals not employed by the district, shall consist of the administration of allSec. 300.300- testing and the use of all assessment procedures required to determine the existence of

300.311, all legally defined disabilities reasonably suspected by district staff,300.502, parents/guardians, or the evaluator. An appropriate evaluation shall assist in300.503 determining the content of the JEP to enable a student with a disability to be involved

in and progress in the general curriculum.

A student shall be assessed in all areas related to the suspected disability including, asappropriate, health, vision, hearing, social and emotional status, general intelligence,academic performance. communicative status and motor abilities.

Page 2 of 8


Title 22 A re-evaluation of a student who currently has an IEP shall be conducted as requiredSec. 14.124 by state and federal law and regulations.20 U.S.C.Sec. 141434 CFRC’ ‘(\ec. iuu.ivi

300.306,300.503

3. Guidelines Parent/Guardian Reciuests

Title 22 Parents/Guardians may request an evaluation or reevaluation at any time. TheSec. 14.122, parent/guardian request must be in writing. If a request is made orally to any

14.123 professional employee or administrator, that individual shall provide a copy of thepermission to evaluate or reevaluate form to the parents/guardians within ten (10)calendar days of the oral request.

The evaluation shall be completed and a copy of the evaluation or reevaluation reportpresented to parents/guardians no later than sixty (60) calendar days after receipt ofwritten parent/guardian consent for an evaluation, exclusive of the period followingthe last day of the spring school term to the first day of the subsequent fall term.

Appropriate Evaluations

Title 22 An appropriate evaluation shall use a variety of assessment tools and strategies toSec. 14.123 gather relevant functional, developmental and academic information about a student.20 U.S.C.Sec. 1414 An appropriate evaluation shall include:34 CFRSec. 300.301 - 1. Testing and assessment techniques required in light of information currently

300.311, available from previous evaluations.300.502

2. Information from parents/guardians and school staff familiar with theperformance of the student.

3. The student’s education records.

The evaluator shall review all such sources of information prior to conducting testingand assessment. The evaluator shall review assessments conducted by others thatindicate how the student is responding to early intervening services and scientificresearch-based instruction and/or include such assessments as part of his/herevaluation.

Page 3 of 8


To the extent that the results of such instructional assessments are inconsistent with

the results of norm or criterion-referenced testing and assessments that the evaluator

has administered, the evaluator shall explain the reason for the inconsistency in

his/her report, if possible.

Title 22 When assessing the presence of a specific learning disability, the evaluation shall be

Sec. 14.125 consistent with procedures adopted by the district and comply with state and federal

34 CFR law and regulations.Sec. 300.307-

300.311Testing and assessment procedures shall be selected and administered to yield valid

measurement or assessment of the construct or quality they purport to measure or

assess. The evaluator shall administer any testing or assessment procedures in a

manner consistent with the requirements and recommendations of the publisher of the

test or procedure and in compliance with applicable and authoritatively recognized

professional principles and ethical tenets. S/He shall report any factor that might

affect the validity of any results obtained.

All assessments and evaluation materials shall be selected and administered so as not

to be discriminatory on a racial or cultural basis. Where feasible, assessments and

evaluations shall be administered in a language and form most likely to provide

accurate information about the student.

The evaluation shall include an observation of the student in an educational setting,

unless the student is not currently in such a setting. The evaluator shall obtain

information concerning the performance of the student directly from at least one (1)

current teacher of the student, unless s/he does not have a current teacher.

The evaluator shall hold an active certification that qualifies the evaluator to conduct

that type of evaluation. If certification is not issued for the particular area of

professional practice in which the evaluator is lawfully engaged, the evaluator shall

hold such license or other credentials as required for the area of professional practice

under state law.

The evaluator shall prepare and sign a full report of the evaluation containing:

1. Clear explanation of the testing and assessment results.

2. Complete summary of all test scores, including, for all standardized testing

administered, all applicable full scale or battery scores; domain or composite

scores; and subtest scores reported in standard, scaled, or T-score lbrmat.

Page 4 of 8


3. Complete summary of all information obtained or reviewed from sources otherthan testing conducted by the evaluator.

4. Identification of all special education and related services needs and relevantinformation that directly assists persons in determining the educational needs ofthe student.

5. Specific, individualized recommendations for consideration by the IEP team foreducational programming and placement to enable the student to participate asappropriate in the general education curriculum in the least restrictiveenvironment, as defined by federal and state law and regulations.

Re-Evaluations

Title 22 Re-evaluations shall be conducted within the timeframes required by state and federalSec. 14.124 laws and regulations unless the parent/guardian and the district agree in writing that a34 CFR re-evaluation is unnecessary. For students with intellectual disability, the reSec. 300.303 evaluation cannot be waived. The group of qualified professionals that reviews thePARC v. Corn. evaluation materials to determine whether the child is a student with a disability shall343 F. Supp. include a certified school psychologist when evaluating a student for autism,279 emotional disturbance, intellectual disability, multiple disabilities, other health

impairment, specific learning disability and traumatic brain injury.

Copies of the re-evaluation report shall be disseminated to parents/guardians at leastten (10) days prior to the meeting of the IEP team unless this requirement is waivedin writing.

Independent Educational Evaluations

34 CFR A parent/guardian who disagrees with the results or content of an evaluationSec. 300.502 performed or obtained by the district may request an independent educational

evaluation at district expense. A parent/guardian is entitled to only one (1)independent educational evaluation at public expense each time the district conductsan evaluation with which the parent/guardian disagrees. The independent educationalevaluation must arise from parents’/guardians’ disagreement with the district’s mostrecent evaluations or re-evaluations of the student. The district shall be entitled to acopy of all results of independent educational evaluations conducted at publicexpense. If an oral request for an independent educational evaluation is made to aprofessional employee or administrator, that person shall inform the parent/guardianthat the request must be in writing. If the native language of the parent/guardian isother than English, the requirement that the parent/guardian make his/her request inwriting shall be conveyed by whatever means practicable and, where feasible, in thenative language of the parent/guardian.

Page 5 of 8

1113. SCREENING AND EVALUATIONS FOR STUDENTS WITH DISABILITIES - Pg. 6

A written request for an independent educational evaluation at district expense shallbe immediately forwarded to the Director of Special Education Pupil Se’ices, whomay, upon receipt of the written parent/guardian request, ask that the parent/guardianstate his/her reasons for disagreement with the evaluation conducted or proposed bythe district. The district cannot require the parent/guardian to do so, and the refusal ofthe parent/guardian shall not delay the process required by this policy.

The criteria under which the independent educational evaluation at public expense isobtained must be the same as the criteria used by the district in conducting anappropriate evaluation, including the location of the evaluation and the qualificationsof the examiner, to the extent those criteria are consistent with the parent’s/guardian’sright to an independent educational evaluation at public expense. The qualifiedexaminers who conduct the independent educational evaluation may not be employedby the public agency responsible for the education of the student.

Within ten (10) school days of receipt of a request for an independent educationalevaluation in writing from a parent/guardian, the Director of Speeia1 4+i’at4ew- PupilServices shall either initiate a due process hearing to show that the district’sevaluation is appropriate and notify the parent/guardian in writing that s/he has doneso or issue to the parent/guardian correspondence containing:

1. Assurance that the district will pay for an independent educational evaluation aslong as the evaluation meets all of the requirements of an appropriate evaluationand is in compliance with this policy.

2. Statement that the district will not pay for the evaluation until it receives directlyfrom the evaluator a complete copy of a report of that evaluation and determinesthat the evaluation is in compliance with this policy.

3. Request that the parents/guardians consider accessing reimbursement for all orpart of the evaluation from public or private sources of insurance orreimbursement, together with a clear assurance that the parent/guardian is notrequired to do so and that the district will pay any cost not covered by suchsources.

4. Directions that the parent/guardian is responsible for arranging for the evaluationand ensuring that the evaluator contacts the Director e1’of-Spee4a1—Education- PupilServices to arrange for payment of the evaluation.

Upon request, the district shall provide to parents/guardians information about wherean independent educational evaluation may be obtained.

Page 6 of 8

113.3. SCREENING AND EVALUATIONS FOR STUDENTS WITH DISABILITIES Pg. 7

If the evaluation has already been conducted and paid for, the district shall issue

correspondence advising the parent/guardian that the district will not reimburse the

parent/guardian for the evaluation until it receives a complete and unredacted copy of

the report of the evaluation and determines that the evaluation is in compliance with

this policy. The district shall require documentation substantiating that the

parents/guardians paid for or incurred the obligation to pay for the evaluation without

reimbursement from a public or private source of insurance or reimbursement.

The Director of Spee -E4ieatien- Pupil Services shall send the correspondence to

the parent/guardian by certified mail or by other independently verifiable means of

conveyance and enclose a copy of this policy.

The Director of Speei’ atien- Pupil Services shall maintain a list of qualified

independent evaluators in each of the various disciplines commonly relied upon to

provide education-related evaluations and assessments and shall promptly make that

list available to any parent/guardian who requests it.

References:

State Board of Education Regulations —22 PA Code Sec. 14.122. 14.123, 14.124,

14.125, 14.133



34 CFR Part 300

Pa. Ass’n for Retarded Children (PARC) v. Corn. of Pa., 343 F. Supp. 279

(E.D. Pa. 1975)

Pennsylvania Training and Technical Assistance Network — www.pattan.net

BoardPolicy—113, 113.1, 113.2, 209

Page 7 of 8

No. 113.4

SECTION: PROGRAMS

D A I TQ A D” TITLE: CONFIDENTIALITY OFI C1L.JIL3r SPECIAL EDUCATION

SCHOOL DISTRICT STUDENT INFORMATION

ADOPTED:

REVISED:

113.4. CONFIDENTIALITY OF SPECIAL EDUCATIONSTUDENT INFORMATION

1. Authority The Board recognizes the need to protect the confidentiality of personally

Pol. 113 identifiable information in the education records of students with disabilities.

34 CFR The district shall maintain a system of safeguards to protect the confidentiality of

Sec. 300.611- students’ educational records and personally identifiable information when

300.627 collecting, retaining, disclosing and destroying student special education records, inaccordance with Board policy, state requirements, and federal and state law and

regulations.

34 CFR The rights provided by this policy apply to parents/guardians of students who

Sec. 300.520, receive special education programming and services from the district or an outside

3 00.625 program provided through the district.

2. Definitions Destruction shall mean the physical destruction or removal of personal identifiers

34 CFR from information so that the information is no longer personally identifiable.

Sec. 300.611

34 CFR Disclosure shall mean to permit access to or the release, transfer, or other

Sec. 99.3 communication of personally identifiable information contained in education records

by any means, including oral, written, or electronic means, to any party except the

party identified as the party that provided or created the record.

20 U.S.C. Education Records, for purposes of this policy, shall include the records and

Sec. 1232g information covered under the definition of education records in the Family

34 CFR Educational Rights and Privacy Act (FERPA) and its implementing regulations.

Sec. 99.3Pol. 216

34 CFR Personally identifiable information includes, but is not limited to:

Sec. 99.3, 300.321. The name of a student. the students parents/guardians or other family members.

Page 1 of 8

113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 2

2. The address of the student or student’s family.

3. A personal identifier, such as the student’s social security number, studentnumber, or biometric record.

4. Other indirect identifiers, such as the student’s date of birth, place of birth, andmother’s maiden name.

5. Other information that, alone or in combination, is linked or linkable to a specificstudent that would allow a reasonable person in the school community, who doesnot have personal knowledge of the relevant circumstances, to identify thestudent with reasonable certainty.

6. Information requested by a person who the district reasonably believes knowsthe identity of the student to whom the education record relates.

3. Guidelines Parental Access Rights

34 CFR The district shall permit parents/guardians to inspect and review any educationSec. 99.10, records relating to their child(ren) that are collected, retained, or used by the district

300.6 13 in connection with providing special education services to the student.

The district shall comply with a parental request to inspect and review educationrecords without unnecessary delay and before any meeting regarding anIndividualized Education Program (IEP); any impartial due process hearing relatingto the identification, evaluation, educational placement, or the provision of a free andappropriate public education (FAPE) to a student; a hearing related to the disciplineof the student; and a resolution meeting.

34 CFR The district shall presume a parent/guardian has authority to inspect and reviewSec. 99.4, records relating to his/her child unless it has been provided documentation that the

300.613 requesting parent/guardian does not have this authority under applicable state law.

34 CFR The district shall comply with a parental request for review within forty-five (45)Sec. 99.10, days following receipt of the request.

300.613A parent’ s/guardian’s right to inspect and review education records includes theright to:

1. A response from the district to reasonable requests for explanations andinterpretations of the records:

Page 2 of 8


2. Request that the district provide copies of the records if failure to provide copieswould effectively prevent the parent/guardian from exercising the right toinspect and review the records; and

3. Have a representative inspect and review the records.

34 CFR If an education record includes infonnation on more than one (1) student, theSec. 99.12, parents/guardians shall have access only to the information relating to their child or

300.615 shall be informed of the information in the record.

34 CFR The district shall provide parents/guardians, upon request, a list of the types andSec. 300.616 locations of education records collected, maintained, or used by the district.

Fees

34 CFR The district may charge a fee for copies of records that are made forSec. 99.11, parents/guardians so long as the fee does not effectively prevent parents/guardians

300.617 from exercising their right to inspect and review those records.

The district shall not charge a fee to search for or to retrieve information in responseto a parental request.

Record Of Access

34 CFR The district shall keep a record of parties obtaining access to education recordsSec. 300.614 collected, maintained, or used in providing special education to students with

disabilities, except access by parents/guardians and authorized district employees.

The district’s record of access shall include the name of the party, the date accesswas given, and the purpose for which the party is authorized to use the records.

Amendment Of Records Upon Parental Request

34 CFR If a parent/guardian believes that information in the student’s education records isSec. 99.20, inaccurate, misleading or violates the privacy or other rights of the student, the

300.618 parent/guardian may request that the district amend the information.

The district shall decide whether to amend the information within a reasonableperiod of time from receipt of the request.

If the district declines to amend the information in accordance with a parentalrequest, the district shall inform the parent/guardian of the refusal and advise theparent/guardian of the right to a hearing.

Page 3 of 8


Records Hearing

34 CFR The district shall, on request, provide parents/guardians with an opportunity for a

Sec. 99.21, hearing to challenge information in the student’s education records to ensure that the

300.5 10- information is not inaccurate, misleading, or otherwise in violation of the student’s

300.5 16, privacy or other rights. The district recognizes that parents/guardians who believe

300.619 that there is a due process violation relating to an alleged violation of confidentiality

may also request a special education due process hearing.

Hearing Procedures

34 CFR A hearing to challenge information in education records must meet the following

Sec. 99.22, requirements:300.621

1. The district shall hold the hearing within a reasonable time after receiving therequest for a hearing.

2. The district shall give the parent/guardian reasonable advanced written notice ofthe date, time, and place of the hearing.

3. The hearing may be conducted by any individual, including a district official,who does not have a direct interest in the outcome of the hearing.

4. The district shall give the parent/guardian a full and fair opportunity to presentrelevant evidence. The parent/guardian may, at his/her own expense, be assistedor represented by one (1) or more individuals of his/her choice, including anattorney.

5. The district shall inform parents/guardians of its decision in writing within areasonable period of time after the hearing.

6. The decision must be based solely on the evidence presented at the hearing, andmust include a summary of the evidence and the reasons for the decision.

Result Of Hearing

34 CFR If as a result of the hearing, the district decides that the information is inaccurate,

Sec. 99.21, misleading, or otherwise in violation of the student’s privacy or other rights, the300.620 district shall amend the information accordingly and inform the parent/guardian in

writing.

Page 4 of 8


If as a result of the hearing, the district decides that the information is not

inaccurate, misleading, or otherwise in violation of the student’s privacy or other

rights, the district shall inform the parent/guardian of the parent’s/guardian’s right to

place in the student’s records a statement commenting on the information and/or

providing any reasons for disagreeing with the district’s decision.

Any explanation placed in the student’s records shall be:

1. Maintained by the district as part of the student’s records as long as the record

or contested portion is maintained by the district; and

2. Included with the record or contested portion if the record or contested portion

are disclosed to any party.

Storage, Retention And Destruction Of Information

34 CFR The district shall store all education records and personally identifiable information

Sec. 300.623 of students receiving special education services in such a way as to protect the

confidentiality and integrity of the records and information, prevent unauthorized

access to and disclosure of records and information, and ensure compliance with

other legal and regulatory requirements regarding records retention.

34 CFR The district shall maintain, for public inspection, a current listing of the names and

Sec. 300.623 positions of those district employees who have access to personally identifiable

information.

PoT. 216 In order to comply with state compliance monitoring requirements, the district shall

maintain education records for students receiving special education services for at

least six (6) years.

34 CFR The district shall inform parents/guardians when personally identifiable information

Sec. 300.624 collected, maintained, or used is no longer needed to provide educational services to

the student. After notice, such information may be destroyed by the district and shall

be destroyed upon parental request.

34 CFR No education record shall be destroyed if there is an outstanding request to inspect

Sec. 99.10 review the record or if a litigation hold exists.

34 CFR The district may maintain a permanent record of the student’s name, address, and

Sec. 300.624 phone number, his/her grades, attendance record, classes attended, grade level

completed, and year completed.

Page 5 of 8


34 CFR The district shall ensure the destruction of education records in a manner that

Sec. 300.623 protects the confidentiality and privacy rights of the student and his/her family.

Disclosure To Third Parties

34 CFR The district shall obtain parental consent before disclosing personally identifiable

Sec. 99.30, 99.31, information to parties other than school district officials with a legitimate

300.154, educational interest or other educational institutions that provide special education

300.622 services to the student for the purposes of meeting a requirement of law or regulation

Pol. 113.1, 113.2, unless the information is contained in education records and the disclosure is

216 permitted without parental consent under law and regulations.

34 CFR Parental consent must be obtained before personally identifiable information is

Sec. 300.622 released to officials of participating agencies providing or paying for transition

services.

34 CFR If a student is enrolled, or is going to enroll in a private school that is not located in

Sec. 300.622 the district of the parent’s/guardian’s residence, parental consent must be obtained

before any personally identifiable information about the student is released between

officials in the district where the private school is located and officials in the district

of the parent’s/guardian’s residence.

4. Delegation of In order to maintain the confidentiality of the educational records and personally

Responsibility identifiable information of students with disabilities, the Board designates the

34 CFR Superintendent or designee to coordinate the district’s efforts to comply with this

Sec. 300.623 policy and applicable laws and regulations.

34 CFR All district employees collecting or using personally identifiable information shall

Sec. 300.623 receive training or instruction regarding Board policy, administrative regulations,

and state and federal law and regulations regarding confidentiality of education

records and personally identifiable information.

Page 6 of 8


References:

Family Educational Rights and Privacy Act — 20 U.S.C. Sec. I 232g


Family Educational Rights and Privacy Act, Title 34, Code of Federal Regulations —

34 CFR Part 99


34 CFR Part 300

Pennsylvania Department of Education Individuals With Disabilities Education Act

Part B LEA Policies and Procedures under 34 C.F.R. §300.101 - 300.176

(2009)

Bureau of Special Education Letter to School Entities on Retention Of Records,

Dated November 9, 2009

BoardPolicy—1l3, 113.1, 113.2, 113.3, 216

Page 7 of 8

No. 114

PROG-RAMS PROGRAMS

iTi’LE: PROGRAMS FOR GIFTEI)

PALISADES S4NF GIFTED

SCHOOL DISTRICTEDUCATION

REV I SED:

114. PROGRAM S FOR GIFTED

1. Authority In accordance with the Board’s philosophy to develop the special abilities of each

SC 1371 student, the Board requires that appropriate instructional district shall provide

Title 22 gifted education services and programs he conducteddesigned to meet the

Sec. 442 individual educational needs ofe*epti&m4g4e4-aii4a4eiie4-&ehee1

-1444.28, ageidentified students.16.1 et seq

Title 22 The Board may enter into a cooperative agreement with Bucks County

Sec. 16.2 Intermediate Unit No. 22 to provide gifted education services and programs.

The Board directs that the district’s gifted education program shall provide the

following:

Title 22 1. System to locate and identify all students within the district who are thought

Sec. 16.21 to be gifted and in need of specially designed instruction.

Title 22 2. Screening and evaluation process that meets state requirements, to

Sec. 16.21 determine students’ educational needs.

Title 22 3. Procedures to determine whether a student is mentally gifted.

Sec. 16.21

Title 22 4. Gifted Individualized Education Plan (GIEP) developed, and subsequently

Sec. 16.22, modified, for each student based on his/her unique needs and the written

16.23, report of the Gifted Multidisciplinary Team (GMDT).

16.32

Title 22 5. Safeguards for the due process rights of gifted students.

Sec. 16.636. Notification to teachers of their responsibilities to each of their identified

gifted students, as provided in the student’s Gifted Individualized Education

Plan (GIEP).

Page 1 of 4-3

114. GIFTED EDUCATION - Pg. 2

The district shall provide all required notices and information to

parents/guardians of gifted students, document all consents and responses of

parents/guardians, and adhere to all established timelines.

2. Guidelines The district shall make the Permission To Evaluate Gifted Student Form

Title 22 readily available to parents/guardians. If an oral request is made to an

Sec. 16.21 administrator or professional employee, s/he shall provide the form to the

parents/guardians within ten (10) calendar days of the oral request.

Caseloads/Class Size

,I--l.3V-I JL,L VT’,, fl, Tti.C)1E,ILt%.3..I Z)’.,V,i 4..,3 JI1 S 353 ii 15,55.3511,1 IL, 1 1155.. Ii%.-..tSlUI Ut.’fl 115,, 541154 styt, LSL!.J’...

l_u1,u.’fr’ ,s-€’ .k.r’r hl,s’f,,-,4,ns’t,’,4t.’s,-s’., fl1

“‘“-‘ -‘‘‘‘ ‘-“.““ i’-’.’‘1’.’’’-.t .‘..‘.,, 1.11151 1S•JS

The Board directs the Superintendent and designated administrators to

annually assess the district’s delivery of gifted services and programs, in order

to:

1. Ensure the ability of assigned staff to provide the services required in each

identified student’s GIEP.

2. Address the educational placements for gifted students within the district.

3. Limit the total number of gifted students that can be on an individual gifted

teacher’s caseload to a maximum of sixty-five (65) students.

4. Limit the total number of gifted students that can be on an individual gifted

teacher’s class roster to a maximum of twenty (20) students.

Title 22 The district may make a written request to the Secretary of Education to waive

Sec. 16.41 the applicable caseload and class size maximums in extenuating circumstances.

Confidentiality Of Student Records

Title 22 All personally identifiable information regarding a gifted student shall be

Sec. 16.65 treated as confidential and disclosed only as permitted by the Family

Pol. 216 Educational Rights and Privacy Act (FERPA) and its implementing

regulations, State Board of Education regulations, and Board policy.

Awareness Activities

Title 22‘“t”f lT..*s.1rTt

Sec. 44ê

___________

Page 2of3

114. GIFTED EDUCATION - Pg. 3

16.21 The Superintendent or designee shall annually conduct awareness activities to

inform parents/guardians of school-aged children residing within the district of

its gifted education services and programs, and how to request these services

and programs.

Awareness activities may include providing written notice of the district’s gifted

education program through local newspapers, other media, student handbooks

and the district website.

3. Delegation of Pree4ires shall be established by the Superintendent for identifying studens-whe

Responsibility have demonstrated achievement or potential ability.

The Superintendent or designee shall develop administrative regulations to

implement this policy.

References:

T-ifle42Sec. I 4.2, 14.6 School Code —24 P.S. Sec. 1371

State Board of Education Regulations —22 PA Code Sec. 4.28, 11.12, 16.1 et seq.

1-1Board Policy — 000, 113, 216

Pane 3 o13

No. 325

SECTION: EMPLOYEES

PALISADESTITLE: DRESS AND GROOMING


REVISED:

325. DRESS AND GROOMING

1. Authority Administrative, professional, confidential, and classified employees set an example

in dress and grooming for students and the school community. Employees’ dress

should reflect their professional status and encourage respect for authority in order

to have a positive influence on the district’s programs and operations.

SC 510 The Board has the authority to specify reasonable dress and grooming

requirements, within law, for all district employees to prevent an adverse impact

on the educational programs and district operations.

When assigned to district duties, employees shall be physically clean, neat, well-

groomed and dressed in a manner consistent with assigned job responsibilities.

Employees shall be groomed so that their hair style does not cause a safety or

health hazard.

Classified employees may be required to wear a designated work uniform and utilize

safety gear when performing assigned duties.

2. Delegation of If an employee feels that an exception to this policy would enable him/her to carry

Responsibility out assigned duties more effectively, a request should be made to the immediate

supervisor.

References:

School Code —24 P.S. Sec. 510

Page 1 of I

No. 326

SECTION: EMPLOYEES

PALISADESTITLE: COMPLAINT PROCESS


REVISED:

326. CO PLAINT PROCESS

1. Authority It is the Board’s intent to establish reasonable and effective means of resolving

conflicts among employees to reduce potential areas of complaints, and to establish

and maintain clear two-way channels of communication between supervisory

personnel and district employees for situations not covered by the terms of a

collective bargaining agreement.

There shall be no reprisals of any kind taken against any employees or their

representatives because of support of or participation in a complaint.

2. Definition Complaint - any unresolved problem concerning application or interpretation of

state laws or regulations; policies or rules of the Board; and administrative

procedures.

3. Delegation of The Board directs the Superintendent to establish a process that will facilitate

Responsibility proper and equitable solutions to complaints by district employees at the lowest

appropriate level.

4. Guidelines Complaints should be discussed in a private, informal conference between the

parties involved. At least one (1) private meeting should take place between the

parties before the complaint process is invoked.

A complainant may be represented or accompanied by anyone slhe—the

complainant chooses after the informal conference. it4-awy-higher-levek$4he

The time limit provided for in this policy may be extended by mutual agreement of

the parties. Any decision not pursued within the time limits from one level to the

next level shall be considered settled on the basis of the last decision and not subject

to further appeal.

All documents, communications, and records relevant to a complaint shall be filed

in a separate file and not kept in the personnel file of any of the participants.

Page 1 of4

326. COMPLAINT PROCESS - Pg. 2

Level One - Immediate Supervisor

Within seven (7) calendar days after the occurrence giving rise to the complaint and

following an informal discussion as outlined, the complainant must present the

complaint in writing to the immediate supervisor.

This statement shall be a clear, concise expression of the complaint; the rule, policy

or law for which there is an alleged violation; circumstances on which the complaint

is based; person(s) involved; decision rendered at the private conference; and

remedy sought. Copies of this statement may be sent to any individuals who were

present.

Within seven (7) calendar days after delivery of the complaint, the immediate

supervisor shall investigate the complaint, giving all persons involved a reasonable

opportunity to be heard.

Within seven (7) calendar , mme ,ate

4ei e-4n 4ti+4l eenip’ ii . If the supervisor does not respond within the

time limit, the complainant may appeal to the next level.

Either party to the complaint shall have the right to request a personal conference in

order to resolve the complaint. Either party may request the presence of one (1)

conferee.

Level Two - Superintendent

Within seven (7) calendar days after receiving the decision of the administrator in

Level One, the complainant may appeal the decision to the Superintendent. The

appeal shall be in writing and shall be accompanied by a copy of the decision at

Level One.

Within seven (7) calendar days after delivery of the appeal, the Superintendent shall

investigate the complaint, giving all persons who participated in Level One a

reasonable opportunity to be heard.

Within seven (7) calendar days after delivery of the appeal, the Superintendent shall

submit a decision in writing, together with the supporting reasons, to the

complainant and the administrator involved.

Level Three - Discussion With The Board

Within seven (7) calendar days after receiving the decision of the Superintendent,

the complainant may appeal the decision in writing to the Board.

Page 2 of 4

326. COMPLAINT PROCESS - Pg. 3

The Board shall schedule the matter for a hearing at an executive session to be held

at the next regularly scheduled Board meeting.

The complainant and a personal conferee shall be present at the hearing.

Within ten (10) calendar days the Board will submit its decision in writing, together

with supporting reasons, to the complainant. A copy shall be furnished to the

administrator(s) involved.

The decision of the Board is final.

References:

School Code — 24 P.S. Sec. 510

Board Policy — 000

Page 3 of 4

No. 328

PALISADES

SECTION:

TITLE:

EMPLOYEES

COMPENSATION PLANS!SALARY SCHEDULES

SCHOOL DISTRICT ADOPTED:

REVISED:

1. Authority

SC 1164

328. COMPENSATION PLANS/SALARY SCHEDULES

The Board shall approve compensation plans, individual contracts and salary

schedules for administrative, professional, confidential, and classified employees.

The administrative compensation plan shall be detemined through a good faith,

meet and discuss procedure with designated administrators upon written request of a

majority of district administrators.

SC 406, 1075,1077, 1089,1141-1152,1162. 1164

Salary schedules approved by the Board shall be in accordance with those specified

in applicable collective bargaining agreements an41or Board resolutions.


Salary schedules shall be used to set compensation for new and inexperienced

employees and for experienced employees new to the district.: and-sSalary

adjustments hat-may_result from earning advanced degrees while employed by the

district or required by law.

SC 1149

Implementation of the administrative compensation plan, individual contracts,

collective bargaining agreements and Board resolutions regarding employee salaries

shall be the responsibility of the Superintendent.

The Superintendent is authorized to credit past experience of a candidate when

determining salary.

References:

School Code—24 P.S. Sec. 406, 1075. 1077. 1089, 1141-1152. 1162. 1164

Page 1 of I

No. 328

SECTION: EMPLOYEES

TITLE: COMPENSATION PLANS!SALARY SCHEDULES

ADOPTED:

REVISED:

PALISADESSCHOOL DISTRICT

1. Authority

SC 1164

SC 406, 1075,1077, 1089,1141-1152,1162. 1164


SC 1149

328. COMPENSATION PLANS/SALARY SCHEDULES

The Board shall approve compensation pians, individual contracts and salaryschedules for administrative, professional, confidential, and classified employees.

The administrative compensation plan shall be determined through a good faith,meet and discuss procedure with designated administrators upon written request of amajority of district administrators.

Salary schedules approved by the Board shall be in accordance with those specifiedin applicable collective bargaining agreements aR4Lor Board resolutions.

Salary schedules shall be used to set compensation for new and inexperiencedemployees and for experienced employees new to the district. and sSalaryadjustments that-may_result from earning advanced degrees while employed by thedistrict or required by law.

Implementation of the administrative compensation plan, individual contracts,collective bargaining agreements and Board resolutions regarding employee salariesshall be the responsibility of the Superintendent.

The Superintendent is authorized to credit past experience of a candidate whendetermining salary.

References:

SchoolCode—24P.S.Sec.406, 1075, 1077, 1089, 1141-1152, 1162. 1164

Page 1 of 1

No. 330

SECTION: EMPLOYEES

PALISADESTITLE: OVERTIME


REVISED:

330. OVERTIME

1. Authority In order to ensure consistent treatment of all affected employees and compliance

with applicable federal law regarding payment of overtime, the Board adopts this

policy.

43 P.S. In accordance with federal and state law and this policy, applicable collective

Sec. 3 33.104 bargaining agreement or individual contract, overtime shall be paid for work in

29 U.S.C. excess of the established workday or workweek for each classification of classified

Sec. 207 employees.

No overtime shall be scheduled or worked without prior approval of the immediate

supervisor.

43 P.S. Overtime will be paid at the rate of time and one-half the regular rate of pay for all

Sec. 333.104 work performed beyond eight (8) hours in any workday or forty (40) hours worked

29 U.S.C. in any workweek-wheappe4-in-adai.

Sec. 207However, supervisors do have the flexibility to adjust work schedules to

accommodate employees in emergency situations. This is called flex-time.

For purposes of computing overtime, credit shall be ivene-redi--s1ial1-be-gi-ven

on-lv-for--hiurs-wivke4-as recorded in district records, per contract, if

applicajç and provided by law.

Any conflict between this policy and applicable collective bargaining agreement or

individual contract shall be reported promptly to the Board.

Page 1 of 2

330. OVERTIME - Pg. 2

References:

Department of Labor and industry Regulations —34 PA Code Sec. 231.41,

231.42, 231.43

Minimum Wage Act — 43 P.S. Sec. 333.10 1 et seq.

Fair Labor Standards Act — 29 U.S.C. Sec. 201 et seq.

Overtime Compensation, Title 29, Code of Federal Regulations — 29 CFR

Part 778

Page 2 of 2

XTINO. i

SECTION: EMPLOYEES

PALISADESTITLE: JOB RELATED EXPENSES


REVISED:

331. JOB RELATED EXPENSES

1. Authority The Board shall reimburse administrative, professionaL confidential andSC 517 classified employees for the actual and necessary expenses, including travel

expenses, they incur in the course of performing services for the district, inaccordance with Board policy.

2. Delegation of The validity of payments for job related expenses for all district employees shall beResponsibility determined by the Superintendent or designee.

The Superintendent or designee shall report all reimbursed expenses for travel4i4 by employees at the next Board meeting.

The Superintendent or designee shall develop administrative regulations forreimbursement of travel expenses.

3. Guidelines The use of a personal vehicle shall be considered a legitimate job expense if travel isamong the employee’s assigned schools, but not between home and school, and isauthorized in advance.

Use of a personal vehicle for approved purposes is reimbursable at the current IRSrate per mile approved by the Board.

Use of a personal vehicle requires that liability insurance be provided by theemployee.

sc 517 Actual and necessary expenses incurred when attending functions outside the districtshall be reimbursed to an employee if approval has been obtained in advance fromthe Superintendent or designee.

Attendance at approved events outside the district shall be without loss of regularpay, unless otherwise stipulated prior to attendance.

Page 1 of2

331. JOB RELATED EXPENSES - Pg. 2

References:



Page 2 of 2

No. 332

SECTION: EMPLOYEES

PALISADESTITLE: WORKING PERIODS


REVISED:

332. WORKING PERIODS

1. Authority Work schedules required for administrative, professional confidential, andclassified employees shall be clearly specified to ensure regular attendance byemployees and consistent operation of the district.

SC 510, 1504 The Board has the authority and responsibility to determine the hours during whichPol. 804 district programs and services shall be available to students and the community,

consistent with the administrative compensation plan, individual contracts,applicable collective bargaining agreements, and Board resolutions.

2. Delegation of The Superintendent or designee shall develop administrative regulations to ensureResponsibility district employees adhere to their assigned work schedules.

SC 1504 Professional personnel shall have a duty-free lunch period of not less than thirty(30) minutes.

During the times students are in attendance, professional staff may be assigned extraor alternative duties, distributed equitably when possible, at the discretion of thebuilding principal.

All professional staff members are expected to attend each faculty meeting unlessspecifically excused by the responsible administrator.

References:

School code — 24 P.S. Sec. 510, 1504

Board Policy — 000, 318, 804

Page 1 of 1

No. 333

SECTION: EMPLOYEES

TITLE: PROFESSIONAL

PALlSADES DEVELOPMENT


REVISED:

333. PROFESSIONAL DEVELOPMENT

I. Authority Continuing professional study and inservice training for administrative,

professional, confidential, and classified employees are prerequisites for

professional development and enhanced ability to complete responsibilities.

SC 517, 1205.1, The Board encourages district employees to further their professional and personal

1205.2 advancement through graduate study, inservice training, conference attendance,

and professional development activities.

2. Guidelines Graduate/Special Courses

Only courses of study that are preapproved shall be eligible for reimbursement by

the district or a change in compensation for the employee. Documentary

evidence of satisfactory completion of all study programs shall be required.

Reimbursement for credits for approved graduate study or special courses shall be

made in accordance with terms of the administrative compensation plan or an

individual contract, or collective bargaining agreement.

All eligible employees shall submit a record and description of the attainment of

approved credits to the Superintendent.

SC 1144, 1151 Approved graduate study or special courses/programs may be of sufficient

advantage to the district to warrant an increase in an employee’s annual salary, upon

documentation of satisfactory completion. Such an increase will be in accordance

with provisions of the administrative compensation plan, individual contract,

collective bargaining agreement, or Board resolution.

Induction Plan

Title 22 The district shall comply with Department of Education regulations when

Sec. 4.13, 49.16 developing and maintaining an induction plan for first-year teachers and teachers

Pol. 100 new to the district.

Page 1 of 3

333. PROFESSIONAL DEVELOPMENT - Pg. 2

Induction Program For School System Leaders

SC 1205.5,1217

SC 1205.5

School system leaders shall complete an induction program which is consistent

with the Pennsylvania School Leadership Standards within five (5) years of

serving as a school system leader in Pennsylvania for the first time.

School system leaders include principals, vice principals, assistant principals,

Assistant Superintendent, Superintendent and individuals who are converting

an administrative certificate from a Level I certificate to a Level II certificate.

Professional Education Plan

SC 1205.1Title 22Sec. 4.13, 49.17Pol. 100

SC 1205.1

SC 1205.1

SC 1205.1Title 22Sec. 49.17

sc 1205.2

The Board shall appoint to the professional education committee parents/guardians

and representatives of the community and local businesses. Representatives of

administrators, teachers and educational specialists on the professional education

committee shall be selected by their respective members.

The Board shall approve a professional education plan that is designed to meet the

educational needs of the district and its certificated administrative and

professional employees; specifies approved courses, programs, activities and

learning experiences; and identifies approved providers.

The Board shall ensure an annual review of the district’s professional education plan

is conducted by the professional education committee to determine if the plan

continues to meet the needs of the district, the tfategie-Cornprehensive_Plan, and

the employees, students and community. The professional education committee may

recommend amendments to the plan, subject to approval by the Board.

Professional education plans associated with the federal requirements of Title I

and Title II funding shall be developed by the professional education committee

and forwarded to the Superintendent Boar1-for approval prior to submission

for approval by the Pennsylvania Department of Education.

The Board may approve, on a case-by-case basis, specific professional education

activities not stated within the district’s professional education plan.

Page 2 of 3

333. PROFESSIONAL DEVELOPMENT - Pg. 3

References:

School Code—24 P.S. Sec. 517,1144,1151,1205.1, 1205.2, 1205.5, 1217

State Board of Education Regulations — 22 PA Code Sec. 3.13, 49.16, 49.17


Page 3 of 3

No. 334

SECTION: EMPLOYEES

PALISADESTITLE: SICK LEAVE


REVISED:

334. SICK LEAVE

1. Authority Board policy for certificated administrative and professional employees shallSC 1154 ensure that eligible employees receive paid sick leave days annually, in

accordance with law, administrative compensation plan, individual contract,collective bargaining agreement, or Board resolution. Unused leave shall becumulative.

Board policy for non:certificated administrative and classified employees shallensure that eligible employees receive paid sick leave days annually, inaccordance with the administrative compensation plan, individual contract,collective bargaining agreement or Board resolution. Unused leave shall becumulative.

sc 510, 1154 The Board reserves the right to require any employee claiming sick leave pay tosubmit sufficient proof including a physician’s certification, of the employee’sillness or disability.

Pol. 317 Misuse of sick leave shall be considered a serious infraction subject to disciplinaryaction.

SC 510, 1154 The Board shall consider the application of any eligible employee for an extensionof sick leave, pursuant to law where applicable, when the employee’s ownaccumulated sick leave is exhausted.

2. Delegation of The Superintendent shall report to the Board the names of employees absent forResponsibility noncompensable cause or whose claim for sick leave pay cannot be justified.

3. Guidelines Whatever the claims of disability, no day of absence shall be considered a sick leaveday if the employee has engaged in or prepared for other gainful employment, or hasengaged in any activity that would raise doubts regarding the validity of the sickleave request.

Page 1 of2

334. SICK LEAVE - Pg. 2

Proof Of Disability

SC 510, 1154 An employee absent on sick leave may be required to submit a physician’s written

statement certifying his/her disability.

A physician’s statement may not be presumed to conclusively’ establish the

employee’s disability.

Records

sc 510, 1154 The district’s personnel records shall show the attendance of each employee; and the

days absent shall be recorded, with the reason for such absence noted.

sc 510, 1154 A record shall be made of the unused sick leave days accumulated by each district

employee, which shall be reported to the employee.

The Board shall pay a specified amount for each unused sick leave day, up to a

designated number of days, upon the retirement or death of an employee, as

provided in the administrative compensation plan, individual contract,

collective bargaining agreement or Board resolution.

References:

School code — 24 P.S. Sec. 510, 1154

Board Policy —317

Page 2 of 2

No. 335

SECTION: EMPLOYEES

TITLE: FAMILY AND MEDICAL

PALISADES LEAVES


REVISED:

335. FAMILY AND MEDICAL LEAVES

1. Authority The Board shall provide eligible administrative, professional and classified

29 U.S.C. employees with unpaid leaves of absence in accordance with the Family And

Sec. 2601 et seq Medical Leave Act, hereinafter referred to as FMLA.

29 CFRPart 825

Employee requests for FMLA leave shall be processed in accordance with law,

Board policy and administrative regulations.

2. Delegation of The Superintendent shall develop and disseminate administrative regulations to

Responsibility implement FMLA leave for eligible employees.

29 U.S.C. The district shall post, in conspicuous places in the district customarily used for

Sec. 2619 notices to employees and applicants, a notice regarding the provisions of the

FMLA and the procedure for filing a complaint.

Employee requests for leave, both FMLA and non-FMLA, shall be submitted in

writing on a district form to the Superintendent or designee.

3. Guidelines Employees’ eligibility for FMLA leave shall be based on the criteria established

29 U.S.C. by law.

Sec. 2611, 2612

29 tJ.S.C. Eligible employees shall be provided up to twelve (12) workweeks of unpaid

Sec. 2612 leave in a twelve-month rolling period for the employee’s own serious health

condition; for the birth, adoption, foster placement or first-year care of a child;

to care for a seriously ill spouse, child or parent; or to address specific qualil’ing

exigencies pertaining to a member of the Armed Forces alerted for foreign

deployment or during foreign deployment.

29 U.S.C. Eligible employees shall be provided up to twenty-six (26) workweeks of unpaid

Sec. 2612 leave in a single twelve-month rolling period to care for an ill or injured

covered servicemember.

Page 1 of 2

335. FAMILY AND MEDICAL LEAVES = Pg. 2

29 CFR The district shall utilize a rolling twelve-month period measured backwards from the

Sec. 825.200 date leave is used to determine if an employee has exhausted his/her FMLA leave in

any twelve-month period.

29 U.S.C. When an employee requests an FMLA leave and qualifies for and is entitled to any

Sec. 2612 accrued paid sick, vacation, personal or family leave, the employee may must utilize

such paid leave during the FMLA leave.

References:

Family And Medical Leave Act — 29 u.s.c. Sec. 2601 et seq.

Family And Medical Leave, Title 29, Code of Federal Regulations —29 CFR

Part 825

Board Policy — 000, 813

Page 2 of 2

No. 336

SECTION: EMPLOYEES

PALISADESTITLE: PERSONAL NECESSITY LEAVE


REVISED:

336. PERSONAL MESS4T’ LEAVE

1. Authority This policy shall provide for absences for defined personal leave by

administrative, professional and classified employees.

SC 510, 1154 The Board has the authority to specify reasonable conditions under which personal

Reeessi-leave may be granted, the type of situations in which such leave will be

permitted, and the total number of days that may be used by an employee in anyschool year for such leave.

2. Guidelines Personal Leave

Personal leave days with pay shall be granted to district employees in

accordance with applicable provisions of the administrative compensation plan,

individual contract, collective bargaining agreement or Board resolution.

Bereavement Leave

SC 1154 Bereavement leave with pay shall be granted to district employees in

accordance with law, applicable provisions of the administrative compensation

plan, individual contract, collective bargaining agreement or Board resolution.

References:

School Code —24 P.S. Sec. 510, 1154

Page 1 of 1

No. 337

SECTION: EMPLOYEES

PALISADESTITLE: VACATION


REVISED:

337. VACATION

1. Authorityschedules considered full time shall be provided paid vacation.

SC 510 The Board shall provide vacation days for eligible employees, consistent with the

employee’s request and convenience while considering the district’s management and

operational needs.

Vacation time shall be granted in accordance with applicable provisions of the

administrative compensation plan, individual contract, collective bargaining

agreement or Board resolution.

Eligible employees must request scheduled vacation to the immediate supervisor w

Si+pe4iteffi4e+it-in advance of the requested date. Special consideration shall be given

to emergencies.

All vacation schedules are subject to final approval by the Superintendent.

Time Of Vacation

Vacation must be taken within the twelve (12) month period following the time

when the vacation was earned.

Vacations will normally be scheduled at times when they will not interfere with the

normal operation of the school, but in no case shall a vacation of more than five (5)

days be granted while students are in attendance at school.

Payment in lieu of vacation is prohibited.

Termination Of Employment

An employee who anticipates termination of district employment may take accrued

vacation prior to the termination date with proper approval.

Page 1 of2

337. VACATION - Pg. 2

Payment for accrued vacation may be made to the estate of a deceased employee or

to a retiring employee.

References:


Page 2 of 2

No. 338

SECTION: EMPLOYEES

PALISADESTITLE: SABBATICAL LEAVE


REVISED:

338. SABBATICAL LEAVE

1. Authority This policy shall establish the district’s parameters for granting sabbatical leaves forrestoration of health to certificated administrative and professional employees.

SC 1166 The Board shall grant sabbatical leaves to eligible administrative and professionalemployees for the purpose of restoration of health and for other purposes at thediscretion of the Board.

The Board reserves the right to specify the conditions under which sabbatical leavesfor restoration of health or other purposes may be taken, consistent with law.

2. Guidelines Eligibility

SC 1166 To qualify for sabbatical leave, an eligible employee shall have completed ten (10)years of satisfactory service in the public schools of the Commonwealth; at least f5ve(5) consecutive years of such service shall be in this school district.

SC 1166 A sabbatical leave may be taken for a half or full school term or for two (2) halfschool terms during a period of two (2) years, at the employee’s option.

SC 1167 The total number of administrative employees on sabbatical leave at any one timeshall not exceed ten percent (10%) of the number of eligible employees. The totalnumber of professional employees on sabbatical leave at any one time shall notexceed ten percent (10%) of the number of eligible employees.

Application

Requests for sabbatical leave shall be submitted on the approved district form andforwarded with medical documentation to the Superintendent or designee as soon aspossible.

The Board shall review each application for sabbatical leave and shall approve thosemeeting the requirements of Board policy and applicable law.

Page 1 of3

338. SABBATiCAL LEAVE - Pg. 2

Documentation

Applicants for sabbatical leave shall submit with the application form a supportingmedical statement and recommendation from his/her physician.

Sc 1171 At both the approximate midpoint of the leave and at least thirty (30) days prior tothe conclusion of the leave, a physician’s statement shall be submitted to theSuperintendent or designee, indicating the extent to which the purpose of the leavehas been achieved and evaluating the health status of the employee relative to his/herability to return to employment.

sc 1171 The Board reserves the right to require at its own expense additional examinationsand reports by physicians of its choice to determine whether the leave is being usedfor the purpose for which it was granted.

Commitment Of Employee

SC 1168 Acceptance of a sabbatical leave incurs a commitment by the employee to return toactive duty in this district immediately following the sabbatical leave for one (1) fullschool term (2 semesters), unless prevented by illness or physical disability.

The Board reserves the right to require at its own expense additional examinationsand reports by physicians of its choice to determine the employee’s ability to returnto work.

Commitment Of Employer

SC 1168 At the expiration of the sabbatical leave, the employee shall be reinstated in the sameposition or a like position held at the time of the granting of the leave.

SC 1170 Time on sabbatical leave shall be counted as time on the job for purposes ofseniority and for retirement fund purposes, but for no other purpose.

Compensation

SC 1169 During the period of sabbatical leave, an employee shall be compensated at leastone-half the salary to which s/he would have been entitled had the employee nottaken leave.

While on leave, the employee shall be entitled to insurance benefits provided otheremployees of a similar classification if s/he pays the premiums and the insurancecarrier approves.

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338. SABBATICAL LEAVE - Pg. 3

SC 1166 A sabbatical leave granted for restoration of health shall also serve as a leave ofabsence without pay from all other school activities.

Compensable employment may not be engaged in while the employee is onsabbatical leave.

References:

School Code —24 P.S. Sec. 1166, 1167, 1168, 1169, 1170, 1171

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