001 NAME AND SCHOOL DISTRICT LEGAL STATUS
In each reorganized vocational technical school district there shall be a vocational technical school board which shall have the authority to administer and to supervise all the vocational technical centers or schools of the vocational technical school district and which shall have the authority to determine policy and adopt rules and regulations for the general administration and supervision of the vocational technical centers or schools of the reorganized vocational technical school district. Such administration, supervision and policy shall be conducted and formulated in accordance with Delaware law and the policies, rules and regulations of the State Board of Education. All vocational technical centers or schools shall come within the authority of the vocational technical school board in the county in which they are located.
The School Board shall be composed of seven members, appointed for terms of seven years each. The reorganized vocational technical school district located in New Castle County shall be named the New Castle County Vocational Technical School District.
002 BOARD ORGANIZATIONAL MEETING
The School Board shall hold an annual meeting at its office in July of each year.
At each annual meeting, the School Board shall elect one of its members as president and another of its members as vice-president, who, in the absence or disability of the president, shall act in his stead.
At each annual meeting, the School Board shall designate the chief school officer or superintendent as the executive secretary of the School Board.
003 BOARD OFFICERS
The following shall be the specified duties and obligations of the designated officers of the New Castle County Vocational Technical School District Board of Education:
The President
The President of the School Board shall preside at Board meetings, shall perform all duties imposed by the statutes, and shall perform such other duties as may be prescribed by law or by action of the Board of Education.
• He/she shall decide, at Board meetings, questions of orders.
• He/she shall have the same right as other members to offer resolutions, to make motions or to second motions, to discuss questions, and to vote thereon, in accordance with Robert's Rules.
• He/she shall appoint or provide for the election of all committees of the Board unless otherwise directed by the Board, and he/she shall be ex-officio member of all such committees.
• He/she shall call special meetings of the Board.
• He/she shall sign official district documents that require the signature of the President's office.
Vice President
The Vice-President shall have the powers and duties of the President in his/her absence or during his/her disability, and such other powers and duties as the Board may from time to time determine.
The Executive Secretary
The duties of the executive secretary shall be those which meet the responsibility of the office. Specifically, some of those duties would be as follows:
• To take, or have taken, all minutes of the Board of Education meetings at regular and special sessions.
• To prepare all minutes for proper dissemination, according to this manual, to Board of Education members and other sources listed herein.
• To take care of any correspondence necessitated by the actions, business or desires of the Board of Education.
• To answer all inquiries or requests for the Board of Education which do not require formal Board of Education action or are not required to be passed directly to the Board of Education at a regularly assigned session.
• To countersign all warrants for school monies.
• To prepare any news releases, information, and other such material at the discretion of the Board of Education.
• To attest to and prepare all legal papers which are necessary for the operation of the New Castle County Vocational Technical School District and the New Castle County Vocational Technical School District Board of Education.
• To post, or have posted, all legal notices, advertisements, announcements or other items which would fall under this category.
• To carry out any, and all, other directions mandated by the operation of the New Castle County Vocational Technical School District Board of Education
004 TEMPORARY ADMINISTRATIVE ARRANGEMENTS
The Superintendent of Schools shall serve as Executive Secretary to the School Board and the Assistant Superintendent will serve as Assistant Executive Secretary. In the absence of the Superintendent/Executive Secretary, the Assistant Superintendent/
Assistant Executive Secretary is authorized to sign appropriate documents.
005 REGULAR BOARD MEETINGS
Regular meetings will be held the fourth Monday of each month at 5:30 p.m.* unless other provision is made by the Board. All meetings will be held in the Board room of the District except as another location is specified in the official notice of the meeting.
No business shall be transacted at any meeting of the School Board without a quorum, such quorum to consist of at least four (4) School Board members.
No motion or resolution shall be declared adopted without the concurrence of a majority of the whole School Board.
005-1 PUBLIC COMMENT AT BOARD MEETINGS
1. All meetings of the New Castle County Vocational Technical School District Board of Education, except executive sessions, will be held in public.
2. In order for the Board to fulfill its obligation to complete the planned agenda in an effective and efficient fashion, a public participation period of up to 30 minutes will be permitted at each meeting. The major purpose of citizens' participation is for the Board of Education to hear citizen's views on ways to improve the educational program and ways to improve the processes, including communication, for bringing about such improvements. Personnel matters are not appropriate topics to be discussed at regular Board meetings. Citizens are encouraged to refer school-related problems to appropriate school personnel rather than initiate these during Board meetings.
3. Each person wishing to address the Board during the public comment period must sign up to do so on the appropriate form at least 15 minutes prior to the call to order. Each person will be allotted up to 5 minutes. During the thirty-minute public participation period, no person may speak more than once. Each person addressing the Board will give his/her name, address, and topic of discussion or comments. Questions addressed to the Board at this time may be deferred for later response. The period of public participation may be extended only by a majority vote of the Board.
4. The Board President shall terminate an individual's speaking privilege if the speaker's comments constitute a personal attack on any Board member(s), staff, or other persons, reference matters currently under legal review, or contain obscene or profane language.
006 SPECIAL BOARD MEETINGS
Special meetings of the School Board may be held whenever the duties and business of the School Board may require.
007 BOARD OFFICE, FACILITIES AND SERVICES
The official office of the School Board shall be at the location of the office of the chief school officer, or superintendent of the reorganized school district, except as otherwise provided for and publicly advertised.
008 EXECUTIVE SESSION
The public body may hold an executive session closed to the public upon affirmative vote of a majority of members present at a meeting of the public body.
A. The purpose of the executive session must be announced ahead of time and shall be limited to the subjects outlined in the statute.
B. Such executive sessions may be held only for the discussion of public business, and all voting on public business must be done at a public meeting and the results of the vote made public, unless disclosure of the existence or results of the vote would disclose information properly the subject of an executive session.
Open Meetings
A. Every meeting of all public bodies shall be open to the public except those closed pursuant to subsections A, B, C, and G of this section.
B. A public body may call for an executive session closed to the public pursuant to subsection C and E of this section, but only for the following purposes:
1. Discussion of an individual citizen's qualifications to hold a job or pursue training unless the citizen requests that such a meeting be open;
2. Preliminary discussions on site acquisitions for any publicly funded capital improvements;
3. Activities of any law-enforcement agency in its efforts to collect information leading to criminal apprehension;
4. Strategy sessions, including those involving legal advice or opinion from an attorney at law, with respect to collective bargaining or pending or potential litigation position of the public body;
5. Discussions which would disclose the identity of the contributor of a bona fide and lawful charitable contribution to the public body whenever public anonymity has been requested of the public body with respect to said contribution by the contributor;
6. Discussion of the content of documents, excluded from the definition of "public record" in Section 10002 of this title where such discussion may disclose the contents of such documents;
7. The hearing of student disciplinary cases unless the student requests a public hearing;
8. The hearing of employee disciplinary or dismissal cases unless the employee requests a public hearing;
9. Personnel matters in which the names, competency, and abilities of individual employees or students are discussed, unless the employee or student requests that such a meeting be open.
C. A public body may hold an executive session closed to the public upon affirmative vote of a majority of members present at a meeting of the public body. The vote on the question of holding an executive session shall take place at a meeting of the public body which shall be open to the public, and the results of the vote shall be made public and shall be recorded in the minutes. The purpose of such executive sessions shall be set forth in the agenda and shall be limited to the purposes listed in subsection B of this section. Executive sessions may be held only for the discussion of public business, and all voting on public business must take place at a public meeting and the results of the vote made public.
D. This section shall not prohibit the removal of any person from a public meeting who is willfully and seriously disruptive of the conduct of such meeting.
E. 1. This subsection concerning notice of meetings shall not apply to any emergency meeting which is necessary for the immediate preservation of the public peace, health or safety, or to the General Assembly.
2. All public bodies shall give public notice of their regular meetings and of their intent to hold an executive session closed to the public, at least seven days in advance thereof. The notice shall include the agenda, if such has been determined at the time, and the dates, times, and places of such meetings; however, the agenda shall be subject to change to include additional items including executive sessions or the deletion of items including executive sessions which arise at the time of the public body's meeting.
3. All public bodies shall give public notice of the type set forth in paragraph "2." of this subsection of any special or rescheduled meeting as soon as reasonably possible, but in any event no later than 24 hours before such meeting. A special or rescheduled meeting shall be defined as one to be held less than seven days after the scheduling decision is made. The public notice of a special or rescheduled meeting shall include an explanation as to why the notice required by paragraph "1." of this subsection could not be given.
4. Public notice required by this subsection shall include, but not be limited to, conspicuous posting of said notice at the principal office of the public body holding the meeting, or if no such office exists at the place where the meetings of the public body are regularly held, and making a reasonable number of such notices available.
5. When the agenda is not available as of the time of the initial posting of the public notice, it shall be added to the notice at least six hours in advance of said meeting, and the reasons for the delay in posting shall be briefly set forth on the agenda.
F. Each public body shall maintain minutes of all meetings, including executive sessions, conducted pursuant to this section, and shall make such minutes available for public inspection and copying as a public record. Such minutes shall include a record of those members present and a record, by individual members (except where the public body is a town assembly where all citizens are entitled to vote), of each vote taken and action agreed upon. Such minutes or portions thereof, and any public records pertaining to executive sessions conducted pursuant to this section, may be withheld from public disclosure so long as public disclosure would defeat the lawful purpose for the executive session, but no longer.
G. This section shall not apply to the proceedings of:
1. Grand juries;
2. Petit juries;
3. Special juries;
4. The deliberations of any court;
5. The Board of Pardons and Parole; and
6. Public bodies having only one (1) member.
009 NOTIFICATION OF BOARD MEETINGS
All meetings, regular, special, rescheduled or emergency will be open to the general public. Notices of all the above-named meetings (including agendas) will be posted in the lobby of the central administrative office, New Castle County Vocational Technical School District, within the time requirements prescribed by law.
A. Regular Meeting - Seven (7) days prior to the meeting.
B. Special or Rescheduled Meeting - Twenty-four (24) hours prior to the meeting.
C. Emergency Meeting - No prior notice requirements.
010 QUORUM
No business shall be transacted at any meeting of the School Board without a quorum, such quorum to consist of at least four (4) School Board members. No motion or resolution shall be declared adopted without the concurrence of a majority of the whole School Board.
011 VOTING METHOD AT BOARD MEETING
A roll call vote of all Board members on every motion or resolution shall be recorded as part of the minutes of such meetings and shall be considered a matter of public record except when the presiding officer determines and announces a unanimous vote on any issue, which vote shall then be so recorded and considered a matter of public record.
012 SCHOOL BOARD POWERS AND DUTIES
The New Castle County Vocational Technical School District Board of Education and the New Castle County Vocational Technical School District are established, defined and governed by the provisions of Delaware Code, Title 14, Chapter 10, "Reorganization of School Districts" (1027). Under Delaware Code, Title 14, Chapter 10 the New Castle County Vocational Technical School District Board of Education (hereafter referred to as the Board of Education) has the authority to determine policy and adopt rules and regulations for the general administration and supervision of the free public vocational technical schools of the district as established effective July 1, 1969 and further defined by HB22 as amended February 2, 1978. Such administration and supervision and policy shall be conducted in accordance with Delaware Law, the policies, rules and regulations of the State Board of Education, and the Federal law and guidelines.
BOARD MEMBER AUTHORITY
Because all powers of the Board of Education derived from the State statutes are granted in terms of action as a group, individual Board members exercise authority over district affairs only as they vote to take action at a legal meeting of the Board.
In other instances, an individual Board member, including the president, will have power only when the Board, by vote, has delegated authority to him/her.
It is contrary to the spirit of the statutes for any Board member to seek individually to influence the official functions of the school district. The Board of Education and its members will deal with administrative services through the superintendent and will not give orders to any subordinates of the superintendent either publicly or privately, but may make suggestions.
The Board of Education will make its members, the district staff, and the public aware that only the Board acting as a whole has authority to take official action.
013 BOARD MEMBER QUALIFICATIONS
Each member shall be a citizen of the State and resident of the school district to which he is appointed and shall be qualified to vote at a school election at the time of such appointment.
Not more than four members of the School Board shall be of the same political party, and no member shall fail to state his political affiliation.
BOARD MEMBER OATH OF OFFICE
Each School Board member shall, before entering upon the duties of the office, take and subscribe to the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the Constitution of the United States of America and the Constitution of the State of Delaware, and that I will faithfully discharge the duties of the office of School Board member according to the best of my ability, and I do further solemnly swear (or affirm) that I have not directly or indirectly paid, offered or promised to pay, contributed, or offered to or promised to contribute, any money or other valuable thing as consideration or reward for the giving or withholding a vote at the election at which I was elected to said office, so help me God (or I so affirm)."
The oath or affirmation shall be administered by the president or vice-president of the School Board of the school district, or in the case of a newly-constituted board, by a person appointed by the State Superintendent of Public Instruction to administer said oath.
014 UNEXPIRED TERM FULFILLMENT
Any vacancy on the Vocational Technical School District Board of Education caused by death, resignation, removal from the district, or any other cause whatever, shall be filled by the Governor for the unexpired term.
015 NEW BOARD MEMBER ORIENTATION
The School Board and superintendent, to the best of their ability, will assist each newly appointed member to understand the Board's functions, policies. In discussions with new members, the president and/or superintendent will clarify procedures which involve:
1. How county residents (parents, teachers, students, and others) may make a request of the Board and appropriate responses/actions of an individual Board member when a request is presented directly to him or her.
2. How Board members may make arrangements to visit schools, and the protocol associated with such visits.
3. How Board members, assigned certain tasks or investigating certain problems, may request information or services of the school staff.
4. How the Board receives and examines complaints relating to personnel.
5. How and why executive sessions may be held and what is considered privileged information.
Each newly appointed Board member will be given a copy of the School Board Policy Manual and other materials as may be deemed appropriate. New members will be encouraged to attend meetings and workshops specifically designed for new School Board members. Members' expenses at such meetings will be reimbursed in accordance with established policy.
016 BOARD POLICY DEVELOPMENT
A. The authority to determine policy and adopt rules and regulations for the administration and supervision of the District schools is vested in the School Board under the provisions of Delaware Code, Title 14, Sub-Chapter III,
The School Board, therefore, reserves to itself the function of formulating and adopting written policies. The written policies will serve as guidelines for the discretionary action of those to whom the Board delegates authority and shall constitute the basic method by which the Board shall exercise its control over the school system. Only written statements adopted and recorded at board meetings shall be regarded as official school board policy.
B. The School Board of each reorganized school district, subject to this title and in accordance with the policies, rules and regulations for the conduct and management of the schools;
1. Determine the educational policies of the reorganized school district and prescribe rules and regulations for the conduct and management of the schools;
2. Enforce the provision of this title relating to school attendance;
3. Grade and standardize all the public schools under its jurisdiction and may establish kindergartens and playgrounds and such other types of schools, as in its judgment will promote the educational interest of the reorganized school district;
4. Adopt: courses of study;
5. Select, purchase, and distribute free of charge such textbooks and other materials of instruction stationery furniture, equipment, apparatus and supplies as are necessary to the work of the schools;
6. Provide forms on which regular school employees shall make such reports as may be required by the school board;
7. Make all reports required by the State Superintendent of Public Instruction, at such time, upon such items and in such form as may be prescribed by the State Superintendent;
8. Appoint personnel.
017 POLICY IMPLEMENTATION
The Board of Education, subject to State Law, is responsible for policy determination. The Superintendent has responsibility for carrying out, through supplementary regulations and directives, the policies established by the Board.
The policies developed by the Board and the regulations and directives developed to implement policy are designed to achieve an effective and efficient school system.
Administrators are responsible for informing staff members of existing policies and regulations and for seeing that they are implemented.
018 ADMINISTRATION IN POLICY ABSENCE
Situations will occur requiring administrative action where there are no written policies. In such an event, authority to act resides with the superintendent, but it is his responsibility to report to the School Board that a policy is needed.
Questions which arise, concerning lack of a policy, from any employee or group of employees are to be channeled through the appropriate supervisor to the superintendent.
019 STAFF INVOLVEMENT IN DECISION MAKING
The Board is authorized and required under 14 Delaware Code, Section 1049, to determine the educational policies and rules and regulations of the school district. The Board's authority and responsibility to make such policy decisions can neither be delegated nor negotiated. The Board wishes to encourage individual employees to participate and make contributions to improve student learning, and believes that the employee's creative contributions can be most effectively made in an atmosphere of academic freedom. Accordingly, within the limits of the Board's policies adopted pursuant to 14 Delaware Code, Section 1049, each employee shall be assured the academic freedom which is essential to the fulfillment of the District's goal of improved student learning. To assist in fulfilling that goal, all District program-planning committees shall include teacher participation where appropriate.
020 ANNUAL REPORT
The School Board of each reorganized school district shall cause to be prepared and published annually, in sufficient quantities for distribution among the citizens of the school district, a report addressed to the people of the reorganized school district, covering the current conditions, accomplishments, and need for the improvement and advancement of the schools, as well as statement of business and financial transactions of the school board. Such report shall be available upon request, shall encompass the period designated as the fiscal year and shall be approved by the School Board not later than December 31, following the close of the fiscal year.
021 NON-COMPENSATION OF BOARD MEMBERS
Board Members will receive no compensation for services rendered. Allowance for expenses, incidental to the performance of duties or to management growth and development of a Board Member, may be authorized by Board action consistent with the district accounting procedures and Delaware law.
022 QUALIFICATIONS AND DUTIES OF SUPERINTENDENT
I. QUALIFICATIONS
A. Master's degree plus 30 credits - minimum
B. Three years teaching experience
C. Other requirements as mandated by Delaware State Certification
Supervises: All personnel within the district
Reports to: District Board of Education
Job Goal: Execute and effectuate the policies, rules and regulations as prescribed and approved by the New Castle County Vocational Technical School District Board of Education and the Delaware State Board of Education.
II. DUTIES
Promote and maintain an effective public relations program. Maintain liaison with all other districts in the state and with the Department of Public Instruction. Establish and maintain legislative and executive branch support for the needs of the district. Determine the business/industrial labor needs and recommended programmatic action to the Board of Education. All other duties as required by the Board of Education.
NOTE: Duties may be delegated for administrative effectiveness and efficiency: however, all aspects of administering the district ultimately is placed at the level of Superintendent.
III. AUTHORITY
The Superintendent of Schools is responsible for establishing procedures to preserve and distribute the policies adopted by the School Board and to formulate administrative rules and regulations needed to put Board policies into effect.
The Superintendent shall have the authority to employ, assign, and suspend employees and to terminate services of employees, subject to confirmation by the Board. Termination shall be as described in Title 14, Delaware Code.
The Superintendent shall establish procedures for a performance evaluation process for administrative and supervisory personnel. All administrative and supervisory staff in the District shall be evaluated at least annually. Such evaluation shall be in writing with the opportunity for the administrator to comment in writing regarding the evaluation.
IV. RESPONSIBILITY
A. All classroom teachers, shop instructors, special instructional personnel, aides and non-instructional personnel in each school will be primarily responsible to the building principal.
B. Each principal is directly responsible to the Superintendent and Assistant Superintendent.
C. Assistant Principals are directly responsible to the building principal in whose building they function. The principal may delegate any of the authority granted him to any assistant principal under his leadership inasmuch as said authority is within the guidelines established by the Board of Education.
D. Building principals shall have the delegated authority to prepare and administer appropriate local school rules and regulations affecting the operation and administration of these buildings, within the limits established by the Board of Education.
E. All personnel shall refer matters requiring administrative action to the administrative officer immediately in charge of the area. Administrative officers shall refer such matters to the next higher authority when necessary.
F. All certified administrative personnel shall keep the person(s) they are immediately responsible to informed of all their activities by whatever means the person in charge deems appropriate.
023 MANAGEMENT TEAM
The management team consists of two functioning groups:
1) The Board of Education; and 2) the Administrative Team. The primary responsibility of the Board is the formulation and adoption of school district policy. The responsibility of the administrative staff is the execution of these policies. It is essential to obtain a commitment to the management team from members of the Board of Education as well as from the Administrative Staff.
BOARD OF EDUCATION
The authority to establish and operate public schools in Delaware flows from the state constitution and the legislative statutes to a locally appointed Board of Education. To effectively manage the schools, the Board of Education of the New Castle County Vocational Technical School District has employed administrative personnel.
ADMINISTRATIVE TEAM
An Administrative Team of the New Castle County Vocational Technical School District represents a means of establishing smooth lines of organization and communication, common agreements, and definite patterns of mutuality among administrators as they unite to provide an effective and efficient educational program for the youth of the community. Under the leadership of the Superintendent, all administrators in the school district will be members of the team. The Administrative Team formulates job descriptions for each administrative position, goals to be attained in the District, and areas of accountability. Each administrator will set additional objectives as necessitated by specific administrative assignment. In addition to its primary functions of advising the Board relative to policy formulation and implementation, the Administrative Team has a vital leadership function to perform. Leadership is exercised through long-range planning and day-by-day judgments and administrative decision-making.
Other functions of the Administrative Team include negotiations involving both administrative and other bargaining units; participation in pertinent state, regional and national professional conference for staff development to give individual administrators needed assistance and other opportunities for job satisfaction.
The Administrative Committees will also be utilized to provide a vehicle for administrators to be involved in the planning and decision making process of the district.
024 SCHOOL BOARD MEMBER ETHICS
Public office is a trust created by the confidence that the public places in the integrity of its public officers. To preserve this confidence, it is the desire of the Board to operate under the highest ethical standards.
Board Members always will:
• Honor the high responsibility that his/her membership demands;
• Think in terms of "children first;"
• Understand that the basic function of the school Board member is "policymaking" and not "administrative" and accept the responsibility of learning to discriminate intelligently between these two functions;
• Accept the responsibility along with his/her fellow Board members of seeing that the maximum of facilities and resources is provided for the proper functioning of schools;
• Represent at all times the entire school community;
• Accept the responsibility to seek the improvement of education throughout the State;
• Respect his/her relationships with other members of the Board;
• Recognize that authority rests only with the Board in official meetings, and that the individual member has no legal status to bind the Board outside of such meetings;
• Recognize the integrity of his/her predecessors and associates, and the merit of their work;
• Refuse to make statements or promises as to how he/she will vote on any matter, which should properly come before the Board as a whole;
• Make decisions only after all facts bearing on a question have been presented and discussed;
• Respect the opinion of others and graciously conform to the principle of "majority rule;"
• Attempt to appraise fairly both the present and future educational needs of the community;
• Regard it as a major responsibility of the Board to interpret the aims and the methods of the schools to the community;
• Insist that all school business transactions be on an open, ethical, and above-board basis;
• Vigorously seek adequate financial support for the schools;
• Refuse to use his/her position on a school Board in any way whatsoever for personal gain.
A. No employee shall knowingly by himself or by any business in which he has a financial interest or by any partner, officer or employee of any such business render or agree to render, for compensation or otherwise, any personal service to any person other than the State in any negotiations for the acquisition by any state agency of an interest in real property, or in any proceedings relative to such acquisition before a condemnation commission or
B. No employee, nor any business in which he has a financial interest nor any partner, officer or employee of any such business shall knowingly render or agree to render, for compensation or otherwise, any service to any person other than the State in connection with any cause, proceeding, application or other matter which is before the State agency in which such employee holds employment.
C. No employee shall knowingly receive or agree to receive, directly or indirectly, compensation for services rendered or to be rendered either by himself or by another, to any person, other than the state, in connection with:
i. Any cause, proceeding, application or other matter before any state agency in the disposition or determination whereof the State has direct financial interest, and the disposition or determination whereof is contested by the state or state agency.
ii. Any appeal from a ruling or determination made by a state agency or employee in discharge of his official duties
D. No employee shall knowingly himself, or by his partners or through any business in the pecuniary profits of which he has more than 10 percent interest, or by any other person for his use of benefit, or on his account, undertake or execute, in whole or in part, any contract, agreement, sale or purchase of the value of $2,000 per year, made, entered into, awarded or granted by any state agency, unless such contract, agreement, purchase or sale was made or let after public notice and competitive bidding.
E. No employee shall act as officer or agent for the State in transactions or any business with himself or with a business in the pecuniary profits of which he has more than a 10 percent interest.
F. No person who has served as an employee other than solely in the capacity of an independent contractor shall knowingly receive or agree to receive, directly or indirectly, compensation for any services rendered or to be rendered, either by himself, or by another, anyone other than the Sate within 2 years after termination of his employment or service, in any cause, proceeding, application or particular matter in which he has given an opinion or made an investigation or with which he has been directly concerned in the course of his duties.
G. No state employee who is directly responsible for the expenditure of funds under the state's plan for the administration of Medicaid funds or individual who formerly was such an employee, or partner of such an employee or individual, shall commit any act with respect to said state plan which would be prohibited by 18 U.S.C. Section 207 if committed with respect to any activity concerning the United States Government.
H. Any employee who violates this section shall be fined in such amount or imprisoned for such term or both as the Court in its discretion may determine.
025 DISTRICT TRAVEL AND PERSONAL REIMBURSEMENT POLICY
In accordance with the New Castle County Vocational Technical Board of Education Policy regarding Compensation and Expenses, these materials represent the District Travel and Personal Reimbursement Procedures of the New Castle County Vocational Technical School District.
All travel for reimbursement should be in alignment with District goals and initiatives. Board members and district staff shall be reimbursed for all necessary expenses incurred while representing the District. In addition, individuals shall be reimbursed for authorized expenses incurred in the performance of their duties as representatives of the District. Travel outside of the continental United States must be approved by the Board of Education. The Board's Finance Committee will review District travel requests and expenditure levels on a monthly basis.
1. Only actual and necessary expenses will be reimbursed.
2. An accurate accounting of expenditures must be kept. Receipts must be maintained for all expenditures. Reimbursement of incidental expenses made without receiving a receipt will be reimbursed on a case-by-case basis and will not exceed $5 per day.
3. District employees will not be reimbursed for in-state lunch expenses during normal working hours.
4. When filling out travel expense record form, be specific in column "area traveled", for example, Howard to Hodgson; not Wilmington to Newark. In addition, the description area must indicate where you went and with whom you met, when requesting mileage reimbursement. In the case of meals, indicate who and for what purpose.
5. Out-of-state travel should be tourist class, not first class.
6. Travel reimbursements are for district employees and school board member expenses only and should not include student or guest expenses. Exceptions may be made with prior District approval for sanctioned student activities involving athletic teams or special events.
7. All supplies and materials purchased during travel must be pre-approved by the appropriate supervisor.
8. Advances for travel expenses will not be issued. The Business Office reserves the right to process an advance on an as-needed basis for hardship situations.
All requests for out-of-state travel shall be submitted in triplicate on the District's form to the District Office. Such requests shall be submitted prior to the Board's monthly finance committee meeting that precedes the date of travel.
1. All out-of-state travel must be planned within the limits of travel allowances and job coverage approved by Building Principals and Division Directors.
Approval for out-of-state travel must be secured even though State or District funds are not used.
2. Each Principal/Division Director should sign the reimbursement of personal expense over Grand Total column before sending materials to Business Office. (Note: Employee Social Security number must be included on the form.)
3. The personal expense reimbursement form must be accompanied by those receipts required in order to be processed.
4. All personal reimbursements should be turned in at the end of the month for expenses incurred during that month (expenses submitted more than thirty days after the end of the month in which expenses occurred will not be honored by the District).
5. In cases where out-of-state travel occurred, all expenditures, forms and necessary receipts must be turned in within fifteen days upon returning to the district. Requests for expense reimbursements made after the fifteen-day period will not be accepted.
6. In most cases, employee should allow two weeks after processing the personal reimbursement before payment will be received.
7. When authorized transportation is provided by personally-owned car, mileage will be allowed at the state rate from designated office of employee and return. Travel to and from work is not authorized or reimbursable.
8. Persons choosing to drive their personal vehicle or use other modes of travel for an approved out-of-state trip will be reimbursed at the approved airfare rate, if lower than travel mileage. The airfare rate will be the lowest standard fare selected by the Director of Business.
9. All car rentals for out-of-state travel must be pre-approved. Rentals will be for standard/mid-size cars, unless approved otherwise.
10. New Castle County Vo-Tech School District will honor the expenditures for authorized travel by an employee or Board Member. The employee or Board Member must assume the expenditures of unauthorized persons who may accompany the employee or Board Member.
11. It is recommended that costs for conference registration, hotel and air travel be arranged through the Business Office upon receiving District approval for travel. The Business Office will issue payment for those specific expenses, if the request is received in the Business Office at least forty-five (45) days prior to the anticipated travel.
LODGING
A. General
Individuals are expected to seek accommodations that are comfortable, convenient, meet business and personal needs and offer good value.
B. Accommodations
1. Lodging accommodations for reasonably priced single occupancy rooms are reimbursable when the traveler is away from home overnight due to official travel.
2. Accommodations shared with family members or others not on official state/agency business are reimbursable at the single occupancy rate only or quoted conference rate.
3. Employees/Board Members may elect to use their personal campers or recreation vehicles rather than staying in a hotel/motel. When prior approval is received, the individual will be reimbursed actual cost not to exceed cost of hotel, receipt required.
C. Conference Lodging Arrangements
Hotel reservations should be made through the authorized Travel Agent(s) whenever possible. When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference hotel rate provided, the employee should inform the authorized travel agent, who will attempt to obtain the conference rate, government rate or lower rate, for the employee. However, if a lower rate is not available, the conferees should make their lodging arrangements directly utilizing the conference instructions.
MEAL ALLOWANCES
A. General
1. The reimbursement allowance for meals provided in-state or for day trips out of state not requiring overnight lodging shall not exceed the rates established for travel requiring overnight lodging.
2. The cost of meals will be reimbursed on a maximum reimbursement allowance basis for travel requiring overnight lodging. Receipts are required for all meal expenses.
Meals that are included in the cost of registration or in the cost of the conference or function shall not be reimbursable.
B. Maximum Reimbursement Allowance
The maximum reimbursement allowance with receipts for meals including tax and tip is $50 per day. On departure and return days, meal reimbursements will be prorated. For the purpose of prorating meal allowances, use the following as a guideline:
Breakfast - $ 8.00
Lunch - $12.00
Dinner - $30.00
C. Premium City Cost Adjustments
The maximum reimbursement allowance for meals including tax and reasonable tip for travel to a "high cost" premium city shall be $70 per day. For the purpose of prorating meals for departure and return days, use the following allowances as a guideline:
Breakfast - $12.00
Lunch - $15.00
Dinner - $43.00
Cities designated for premium status are listed below. A city not on the list may be considered for premium status prior to the time of travel with district approval. Approval will be communicated to the individual(s) as part of the travel request process.
The following are considered examples of "Premium Cities" for the purpose of
applying the cost adjustment:
Atlanta Baltimore Boston
Chicago Denver Los Angeles
Miami Nashville New Orleans
New York Orlando Philadelphia
San Diego San Francisco Washington, D.C.
D. Lost or Unattainable Receipts
A written statement for lost or unattainable receipts may be acceptable on a case-by-case basis.
TELEPHONE CALLS
A. Business Related Phone Calls
Business related telephone calls are reimbursable as incurred and require a receipt from the telephone service provider or included on the hotel billing invoice.
B. Personal Phone Calls
Personal telephone calls while on overnight travel are reimbursable with a receipt from the telephone service provider or included on the hotel billing invoice with the following restrictions:
1. Extended travel for three nights or less, not to exceed $10 total.
2. Extended travel for four nights or more, not to exceed $20 total per week.
026 BOARD MEMBER INSURANCE
To the maximum extent permitted by Title 10 Delaware Code, Chapter 40 (as amended July 8, 1978), the New Castle County Vocational Technical School District, retroactive to July 1, 1978, shall:
*For each of its board members, defend, hold harmless, and indemnify the member from any and all demands, claims, suits, actions, and legal proceedings brought against the member in their official capacities as an agent of the district, provided the incident arose while the member was acting in his/her official capacity as a board member.
Each board member shall be indemnified by the district against any expenses (including attorneys' fees and disbursements), judgments, fines, and costs, actually and reasonably incurred by such public officer, employee or member in defending against the action, suit or proceeding giving rise thereto in accordance with Title 10 Delaware Code, Chapter 40, as follows:
1. The act or omission, complained of arose out of and in connection with the performance of an official duty requiring a determination of policy, the interpretation or enforcement of statutes, rules or regulations, the grating or withholding of publicly created or required entitlement or privilege, or any other official duty involving the exercise of discretion on the part of the public officer, employee, or member shall have supervisory authority; and
2. The act or omission complained of was done in good faith and in the belief that the public interest would best be served thereby; and,
3. The act or omission complained of was done without gross or wanton negligence.
The State or any of its departments, agencies, boards, commissions or political subdivisions are hereby authorized to obtain from funds appropriated for such purpose a policy or policies of insurance sufficient to provide coverage for its public officers, employees or members which is coextensive with the standards for indemnification as provided for in this chapter. No public officer, employee or member shall be entitled to indemnification under this section for any act or omission, not otherwise protected herein, any applicable policy of insurance to the contrary notwithstanding.
027 TAX ABATEMENT
I. Consideration
New Castle County Vocational Technical School District is committed to the promotion of high quality vocational education in New Castle County, and to an ongoing improvement in the quality of education for its students. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, New Castle County Vocational Technical School District will, on a case-by-case basis, give consideration to providing tax abatement as stimulation for community activity in those instances where the organization can prove a financial hardship. It is the policy of the New Castle County Vocational Technical School District that consideration will be provided in accordance with the procedures and criteria outlined in this section. Nothing herein shall imply or suggest that the New Castle County Vocational Technical School District is under any obligation to grant tax abatement to any applicant.
In accordance with Title 14, Section 26 there is a separate tax assessment levied for the Vocational School taxes in the three counties of Delaware. This tax is independent of that assessed by the "home school district." Due to this fact the New Castle County Vocational Technical School District Board of Education may abate the taxes levied by the District for the vocational portion of the tax. To help ensure that all tax abatement requests are consistently reviewed, the following policy has been developed.
II. Taxing District
Those individuals or organizations requesting a tax abatement who are located within the Brandywine School District, Christina School District, Colonial School District, or Red Clay Consolidated School District will first be required to have the taxes abated by the Taxing District. The geographic area of Brandywine School District, Christina School District, Colonial School District, or Red Clay Consolidated School District constitutes a tax district. In this tax district, a base tax is assessed against all property, and the four districts comprising the tax district share the taxes generated on a per unit basis. Since the districts in the tax district share in the revenue generated by the base tax rate, the abatement of the "tax district" would require concurrent abatement by all four school districts. New Castle County Vocational Technical School District will not approve a request until the individuals or organizations requesting a tax abatement has had the appropriate taxes abated by the "tax district," which would include the Brandywine, Christina, Colonial, and Red Clay Consolidated School Districts.
III. Appoquinimink School District
Those individuals or organizations requesting tax abatement that are located in Appoquinimink School District will first be required to have the taxes abated by Appoquinimink School District ("home district").
IV. Request for Abatement
It is the intent of the New Castle County Vocational Technical School District to consider abating taxes to a requestor that meets the following criteria:
1) Proof of tax abatement by "home district" and or tax district
2) Proof of not-for-profit organization classification by the Internal Revenue Code
3) Operating consistent with the philosophies and purposes of the New Castle County Vocational Technical School District
4) Provides evidence of financial hardship in relation to the payment of the assessed tax
Consideration for tax abatement will not be considered unless ALL criteria have been met.
V. Approval
The Board of Education of New Castle County Vocational Technical School District Board of Education has delegated the authority of tax abatement to the Superintendent. The Director of Business will make a recommendation to the Superintendent based on receipt of documentation satisfying the established criteria. All recommendations will be in writing to the Superintendent. Once the Superintendent has determined the outcome of the request, the Director of Business will convey the results to the individual or organization in writing. All acceptances and denials will be kept on file in the Business Office for a period of 7 years.
The individual(s) or organizations requesting tax abatement may appeal the decision of the Superintendent to the Board within 30 calendar days of the written notice of the Superintendent's decision.
101 EDUCATIONAL PHILOSOPHY
The Board of Education of the New Castle County Vocational Technical School District believes that effective vocational-technical education produces citizens who are capable of assuming positions in the world of work, and that we offer facilities and curriculum of the highest quality to those who can benefit from this educational experience.
An effective vocational-technical educational curriculum includes experiences that help students develop.
• A positive attitude towards work and self.
• A sense of responsibility to the community.
• An understanding and mastery of communication and calculatory skills.
• Employment competencies necessary for successful entry into their
chosen career fields.
The Board of Education and the District employees realize that adjustment in program and course training is necessary to maintain a responsive partnership with business and industry.
102 MISSION STATEMENT
The New Castle County Vocational Technical School District is dedicated to the development of competent, caring, and productive students for a diverse and changing society through high standards, quality teaching, current technology, career training, and community partnerships.
BELIEFS
We believe that:
• All students and staff have the ability to learn and should be given every available opportunity to succeed in school and work.
• All students should understand and respect cultural, religious, ethnic, gender, and personal differences.
• All schools should provide a safe and caring environment built upon mutual respect and positive interpersonal relationships.
• Instruction should be integrated and applied with high standards and expectations through the combined efforts of career instructors, academic instructors, and support staff.
• Meaningful community involvement and business partnerships are essential to the development of quality schools.
• Vocational-Technical education provides students with unique opportunities and experiences to be successful at the post-secondary level and in the workplace.
• Parents and guardians should support learning as a high priority and positively reinforce their child's efforts.
103 POLICY ON THE IMPLEMENTATION OF THE PROVISIONS
OF TITLE IX
It is the policy of the New Castle County Vocational Technical School District Board of Education to Operate under, and faithfully implement, the provisions of Title IX of the Education Amendments of 1972:
"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any academic, extracurricular, research, occupational training, or other educational programs or activity receiving federal financial assistance."
The Board is therefore committed to a policy of compliance with Title IX and to a policy of non-discrimination against any employee or applicant for employment because of race, creed, color, national origin, sex, handicap, or age. This policy applies to recruitment, promotion, compensation, tenure, and probation, as well as, other conditions of employment.
Employees or students who have complaints of discrimination based on sex, shall direct such complaints to the Personnel Office.
104 POLICY FOR CONCERNS REGARDING QUESTIONABLE LIBRARY MATERIALS
When members of the community express concern regarding library materials, they will be asked to complete a form expressing their concerns and to submit the form to the principal of the building in which the material is located. The principal will then refer the matter to the building supervisor of the library.
The building library supervisor will then activate the Library Review Committee. That committee will be composed of the librarians from the three comprehensive schools, their supervisors, and the district supervisor of curriculum. The supervisor of curriculum will chair the committee and will report all findings to the superintendent/designee. Additional assistance may be requested from appropriate personnel.
A report of findings and recommendations will be given to the person initiating the concerns and to the building principal.
FORM FOR QUESTIONABLE LIBRARY MATERIALS
Author _________________________________________________________________
Book Title ______________________________________________________________
Brief statement of concern:
___________________________________
Name (Please Print)
___________________________________
Signature
___________________________________
Address
___________________________________
___________________________________
Telephone
Return to Principal of Appropriate Building.
105 POLICY FOR MULTICULTURAL EDUCATION
The New Castle County Vocational-Technical School District is committed to an educational environment that supports excellence regardless of race, gender, sexual orientation, national origin, disabling conditions or religion. The curriculum developed will reflect the diversity of the district's student body and the community at large. Instructional programs and services will be equitable, will respond to the needs of the diverse student population and will prepare all students for the changing workplace and pluralistic society.
It is the responsibility of the New Castle County Vocational-Technical School District to provide technical assistance by training staff, assisting educational sites to incorporate multicultural education elements into their programs and helping them to assess the impact of the policy.
106 CURRICULUM DEVELOPMENT AND STUDENT ASSESSMENT
It is the responsibility of the New Castle County Vocational Technical School District to continually develop and modify curriculum and assessment methods to meet changing needs. All faculty and staff shall take responsibility for curriculum and assessment, both essential ingredients in high-quality instruction, which will be planned and coordinated to provide a common direction of action for all instruction in the district.
Teachers will use curriculum guides to develop daily lesson plans. Administrators will work with teachers to maintain consistency between curriculum design (written curriculum) and curriculum delivery (what is actually taught). Instructional resources shall be selected based upon their alignment with the course guides. A staff development plan will be designed and implemented to prepare staff members to teach the designed curriculum.
The superintendent is authorized to have all three of its high schools continually review and develop curricula and assessments so that these key elements are aligned across the schools.
While instructional differentiation is expected to occur to address the unique needs of specific students, instruction will be derived from a curriculum that is common to all students and all levels of that curriculum, and supplementary resource materials shall be available to all students and staff regardless of grade or subject assignment.
The curriculum is designed to provide teachers and students with the District's expectations of what young people are to learn. Teachers are expected to follow the curriculum teaching assignments and to utilize assessments which have been developed.
Major curricula changes, including but not limited to elimination or addition of programs, will be subject to Board approval. Curricular proposals from staff may be presented to the superintendent who will be responsible for making recommendations to the Board on such matters. The guides will reflect alignment to the state standards and shall be designed to assist in strengthening and clarifying the educational philosophy of practitioners and will, when possible, suggest a variety of strategies for instruction.
Written curriculum guides shall be developed and contain the following components:
• Mission Statement of the District
• Curriculum Philosophy of the District
• Belief Statements related to the subject area
• Scope and sequence chart for use in designing instruction at the appropriate level of difficulty for all learners
• Identify specific content skills, attitudes, and processes to be taught
• Correlation of learner outcomes to state and local assessments
• Correlation of learner outcomes to instructional resources, textbooks, and supplemental materials
• Recommended time allocations for curriculum areas and time range for outcomes
• Progress report procedures
• Homework guidelines
Systemic Purposes of Assessment:
(1) Results of unified summative assessments and DSTP assessments will be used to guide curriculum redesign and instructional improvement.
(2) Results of unified summative assessments and DSTP assessments will be used to determine the extent to which students are meeting the state standards.
(3) Results of DSTP assessments will be used to evaluate the status of students from national and state perspective.
(4) Results of formative classroom assessments will be used to inform decision making related to the instructional progress of individual students and groups of students.
(5) Results of summative classroom assessments will be used to inform end of marking period grading decisions.
(6) Where appropriate and when sufficient resources are available, commercially-developed and/or district assessments will be used to diagnose and determine instructional assignments for students.
(7) Results of unified summative assessments and DSTP assessments will serve as one (set of) indicators (among several) used to verify instructors' instructional proficiency, and one (set of) indicators used to identify instructors who may be in need of constructive intervention from principals and district support staff.
The district shall be guided by the following basic tenets regarding the development and administration of assessments:
• Sound assessment is an essential ingredient in high-quality instruction. For this reason, it is paramount that assessment and instruction be integrated at all times.
• All assessment users should have the desire (i.e. incentives), opportunity (i.e. responsibility and time), and resources (i.e. training and support) needed to develop and use sound, instructionally relevant assessment.
• All assessments used in this district will meet five standards of quality. They will: (1) arise from and reflect a clear and specific target; (2) serve a clearly articulated purpose; (3) rely on a proper assessment method; (4) sample the target appropriately; and (5) control for extraneous factors that can cause the mismeasurement of achievement. All educators in the district should understand these standards and know how to apply them in their own assessment, evaluation, and communication contexts. All assessments not satisfying these quality criteria will be discarded.
• A variety of assessment strategies are acceptable, including paper and pencil tests and quizzes, performance assessments and assessments based on personal communication with students. All district staff and faculty should understand these formats and know how to use them in their own assessment, evaluation, and communication contexts, and should be encouraged to experiment with innovative applications of these methods.
• Whenever possible, assessment procedures will be integrated and coordinated across levels of decision-making (i.e. from individual students, to classroom, to building, to district) so as to promote efficient, cost-effective assessment and consistency in communication.
Regulatory Implications for Assessment:
The superintendent of schools is responsible for selection, assignment, and direction of the professional staff required to provide for offering the approved courses of study, including the planning and budgeting of curriculum development activities and inservice activities as may be required.
Further, it is the responsibility of the superintendent and building administrators to hire faculty and staff who possess competencies required to fulfill their assessment, evaluation, and grading responsibilities; secure or provide training for those currently employed who lack the necessary assessment competence; and institute ongoing staff evaluation procedures to ensure the ongoing presence of appropriate levels of assessment competence at classroom, building, and district levels. In addition, the superintendent should encourage members of the school board to receive training necessary to fulfill their roles as users of assessment information.
Finally, it is the responsibility of the superintendent and principals to maintain a professional environment surrounding assessment, evaluation, and grading in which those unable to fulfill their responsibilities are encouraged to request appropriate assistance.
Role Responsibilities
Superintendent and District Staff Members The Superintendent is responsible for the implementation of the policy and these regulations. The Superintendent/designee will serve as the primary initiator and monitor of the management system. Appropriate District staff members are to serve as technical advisors to principals and to establish the management pace. They assist principals in implementation of the plan, and they look for ways to keep the practices functional and effective.
Principals. The building principal is the key to the monitoring and implementation of curriculum and assessment. The principal /assistant principal will translate this importance to all staff members on a continuing basis. The principal/assistant principal will observe classes, monitor lessons, and evaluate teacher-made tests. Principals/assistant principals should use, the following basic strategies to monitor curriculum and assessment:
• Full-period classroom observations when possible
Twenty-minute classroom observations
• Walk-through observations
• Interviews and conferences
• Child study team observations
Teachers. Teachers are to carry out several responsibilities that reflect their role in the curriculum management and assessment process. Teachers are responsible for teaching to the planned curriculum and for testing their teaching. Teachers are to administer district and DSTP assessments according to test administration guidelines and are responsible for maintaining the integrity of secure tests (e.g., district Unified Summative Assessment instruments, DSTP tests).
Budget
The District will make every effort to provide the proper resources necessary to meet the organization's educational goals and priorities.
Curriculum and Assessment Development Cycle
The curriculum administrator shall ensure that a master long-range plan is in place for District curriculum development, program assessment, and testing.
The Superintendent or designee shall take steps, whenever possible, to conduct a curriculum review each year and report findings to the Board of Education.
107 STAFF DEVELOPMENT
The Board of Education encourages all staff members to pursue activities which will help them better meet the demands of their position.
The Board of education will maintain and support a planned comprehensive staff development program that includes district-sponsored activities to train groups in specific areas and individual development programs, which may include workshops, seminars, and coursework through outside resources. It will be the responsibility of the superintendent or designee to design, develop and evaluate the development programs seeking involvement from other administrators and teachers.
The majority of workshops should be held in district facilities.
When it is believed necessary to hold a conference off-site, a minimum of three quotes from in-state conference sites must be requested. If overnight lodging is required, at least one additional quote must be requested from an out of state facility in close proximity.
• Staff who volunteer to participate in district-sponsored activities are required to attend all sessions.
• Lodging (when necessary), meals, and beverages (excluding alcohol) will be provided to workshop participants at off-site locations. The District shall not provide funds for social activities during or after conference sessions.
201 ATHLETIC SECURITY COVERAGE
In an effort to promote a climate conducive to good sportsmanship in interscholastic athletics, while assuring the health, welfare and safety of both players and spectators, the New Castle County Vocational Technical School Board hereby adopts and promulgates the following policy:
All interscholastic boys basketball games and football games in which New Castle County Vocational Technical School District teams compete shall be supervised by police from a Municipal, County, or State force, empowered to maintain public order the make arrests, should such action be required. At other athletic events, when deemed necessary by the District administrator supervising the event, the same police coverage shall be required. Conversely, no New Castle County Vocational Technical School District boys' basketball team or football team shall be permitted to enter the playing field or court unless said Municipal, County, or State police have been hired and are on site; and at other athletic events when police coverage is deemed necessary, the team shall also be prohibited from entering the playing field or court unless the said Municipal, County, or State police have been hired and are on site.
It shall be the responsibility of the Athletic Director or, in his or her absence, the head coach to assure that proper police coverage is in place prior to a team's taking the field or court. This policy shall apply at both home and away contests.
202 ATHLETIC CODE OF CONDUCT
• The New Castle County Vocational Technical School District views good sportsmanship, ethical behavior, and integrity as basic components of the culture of its schools. In keeping with this philosophy, the school district views the athletic arena as an extension of the classroom. Interscholastic athletics are a part of the district's total educational program and foster the physical, emotional, and social development of its students. Good sportsmanship is a primary concern of school administrators, coaches, student athletes, and the entire school community. Parents and guardians are expected to support all facets of learning including athletics and to provide positive reinforcement of their children's efforts. The highest standards of sportsmanship and ethical behavior are expected from all who participate both indirectly and directly in all activity disciplines.
Thus, the district sets forth the following directives:
• In keeping with the goals and objectives of the New Castle County Vocational Technical School District, the district shall develop and maintain an Athletic Code of Conduct that will provide standards and disciplinary procedures that are consistent with the educational goals of the District.
• The Building Principal or designee shall be responsible for the athletic programs in their respective school.
• The Athletic Director in cooperation with coaches is responsible for enforcing the Athletic Code of Conduct in a manner which is consistent and fair.
• All coaches are required to conduct their programs in accordance to Delaware Interscholastic Athletic Association (DIAA) Guidelines and the District's Athletic Code of Conduct.
• The Athletic Code of Conduct should be reviewed and updated annually.
203 GRADING PROCEDURES
1. Grading is the process whereby information about student performance is converted into a single symbol for ease of communication.
Because teachers, students, parents, administrators, and others outside of the school community use information communicated by grades to make decisions, grades must communicate as accurate a picture of student performance as possible. For accurate communication about student performance to occur, persons assigning grades and decision makers who interpret grades must have a uniform understanding of what grades mean.
Clarity of meaning requires that the following parameters be met for marking period grades:
a. Quality assessments (see Board Policy #106) measure the degree to which students meet performance targets.
b. Information generated by assessments and observations of work habits is documented and analyzed according to generally accepted practices.
c. The processes of converting assessment and observational information to scores and scores to grade percentages are documented and communicated.
2. Grades shall be determined and reported out using a percentage system. The teacher shall retain the percentage grade for each marking period. The numerical marking period grades shall be used to determine final grades. A key shall be provided on the report card so that percentage scores can be converted to letter grades by parents and students.
An "I" may be used in place of a percentage grade to indicate that a student has not completed course requirements by the end of a marking period.
An "M" may be used in place of a percentage grade to indicate that a student has not completed course requirements by the end of a marking period for verified, medically related reasons.
An "N" may be used in place of a percentage grade to indicate that a student is not receiving credit for the course.
3. Teachers will select comments to indicate reasons for failures or low grades on the report card and on interim reports. Positive comments will be selected when applicable.
4. The final course grade shall be a weighted average of the total performance marking period percentage grades, optional mid-course exam percentage grades, and required end-of-course examination percentage grades.
a. For full year courses, each marking period grade shall have a value of 20%. The mid-course and end-of-course exams shall each have a value of 10%. If a mid-course exam is not administered, the end-of-course exam shall have a value of 20%.
b. For one-credit or half-credit semester courses, each marking period grade shall have a value of 40%. The final exam grade shall have a value of 20%.
c. For summer school make-up courses and for PASS Math and Literacy courses, the final exam may have a value greater than 20% but not more than 33%.
5. Report cards will be issued four times per year.
6. Teachers are required to complete interim progress reports for all students including class absences and comments.
7. Students receiving a grade of incomplete for marking periods 1, 2, or 3 shall complete course requirements within two weeks of the end of the marking period. If course requirements are not met in this time, the penalty of no credit for the missing requirements shall be part of the percentage grade earned and reported. Medical problems and documented family crises are reasons for making exceptions to this rule and shall be the only basis for giving an incomplete grade during the last marking period of any course. The principal must approve any exception to this policy.
8. To earn honor roll status, students must (1) earn grades in all courses above 80% and (2) have a credit-weighted average of all percentage grades that meet the following guidelines:
a. Distinguished Honor Roll status requires an average equivalent to a 93% or better.
b. Honor Roll status requires an average equivalent to an 85% or better.
9. Incomplete grades must be made up within two weeks following the end of the marking period. If a student fails to complete the work within the two-week period, he/she will receive a zero for the incomplete work, and the marking period grade will be computed accordingly. Medical and/or documented crisis will be the only basis for giving an incomplete grade at the end of either marking period.1
10. Course syllabi will be developed by teachers and distributed to students no later than the third class period. Teachers shall include their course grading system in course syllabi, which shall be submitted to immediate supervisors for review and approval prior to distribution to students. Each grading system should include the processes of converting assessment and observational information to scores and scores to grades (see section 1c above).
11. The grading conversion key posted on the report card shall be the following:
Percentage Grade Letter Grade Percentage Grade Letter Grade
98 - 100 A+ 83 - 84 C+
95 - 97 A 77 - 82 C
93 - 94 A- 75 - 76 C-
91 - 92 B+ 73 - 74 D+
87 - 90 B 71 - 72 D
85 - 86 B- 70 D-
69 or lower F
12. Specific regulations for the implementation of the grading policy will be developed and reviewed annually by a committee designated by the Superintendent that is consistent with the Board-Association agreement.
The New Castle County Vocational-Technical School District Board of Education has the ultimate responsibility for endorsing and approving all programs offered in district schools. This responsibility includes setting the philosophy and framework for correspondence courses.
Correspondence courses are intended as a last resort for students to make-up failures which may have accrued during the students' high school years which are unremediated when the student reaches the senior year.
Each building principal, in turn, is responsible for ascertaining the reasons for which students are taking correspondence courses and assuring that the purpose is serious, not frivolous, and that such course is not being taken as a less rigorous alternative to the regular remedial offerings such as summer school.
Students who fail a course may make up that course by attendance in:
A. An approved summer school
B. An approved evening school
C. Re-enrollment in the course in the following school term
D. An approved tutoring program
E. A recognized correspondence school
All of the above require the prior approval of the principal. Each school considering transferring correspondence shall reserve the right to administer a subject content examination to the candidate wishing to transfer credit for a diploma.
The Board requires that each request be given personal, individual consideration by the principal prior to granting approval. The principal will then obtain the approval of the District Director of Instruction so that the credits, no more than three (3), may be properly counted toward satisfying the state diploma requirements.
Guidelines to Principals for
Approving Correspondence Courses
1. Give each request to take a correspondence course your personal attention.
2. Consider the needs of the student first.
3. Limit correspondence courses to seniors.
4. Inform your counseling staff of procedures you wish followed. Make sure they know all the alternatives available (See #9).
5. Develop a form so that students can request your permission (through their counselor) to take a correspondence course. The forms should state the reason.
6. If in doubt as to the validity of the reason stated, ask additional questions.
7. If you feel that a student is attempting to abbreviate his schedule or avoid a "tough" teacher or other similar frivolous reasons -- don't give your approval.
8. As a courtesy, confer with the affected department chairperson and inform him or her of your decision. Although you make the decision, they appreciate being consulted, even when the decision is not to their liking.
9. Use the Handbook for Secondary Schools (Section B, parts VI, VII, IX, X, XI, and XII) as a guide.
10. Any student wishing to take correspondence courses for enrichment, which are not offered in our schools, e.g. World History, Latin, World Geography, German, etc., should be encouraged to do so, regardless of the student's grade level.
205 FIELD TRIPS
The New Castle County Vocational Technical School District Board of Education recognizes the importance of field trips in the development of students. The well-planned trip should serve as an extension of the classroom or laboratory and provide experiences that cannot be provided with the confines of the school buildings. Trip serve not only an educational purpose, but also contribute to the social and cultural development of the student. Frequently trips expand the student's recreational horizons, exposing them to new, lifetime vocational interests.
The Board realizes that field trips entail a certain amount of risk and sometimes disrupt school schedules; with careful planning, risks, and disruptions can be minimized.
The New Castle County Vocational Technical School District Board of Education hereby requires its building administrators to review each proposed field trip and evaluate it in light of its educational, social, cultural or recreational merit. If in the judgment of the building administrator the aforementioned merits of the trip outweigh the potential risks and disruption entailed, then the trip shall be sanctioned and approved.
Trips which are required shall be free of charge to students. No student shall be permitted to participate in a field trip without a signed parental permission form, which will be on file in the student activities office.
Care shall be taken in the selection and approval of trip chaperones to assure that he or she is sufficiently experienced and fully knowledgeable with the objective of the trips. Teachers sponsoring and chaperoning approved school trips shall be covered by the District's teacher liability insurance policy.
If a proposed trip is not approved and sanctioned, then neither school time nor resources can be used for its organization, supervision, and/or administration, nor shall such trip be covered by school insurance. Further, the school district shall not assume any liability that may arise from such unauthorized trips or activities.
Each school shall develop and publish rules and procedures governing the planning and implementation of trips. The rules and procedures shall be reviewed and, if required, revised each year and shall be included in each school's faculty handbook.
Administrative Guidelines for Field Trips
Purpose: To establish criteria for field trips
Responsibility: The Superintendent or designee is empowered to implement the provisions of this policy.
Policy Statement: The New Castle County Vocational-Technical School District Board of Education supports field trips as extensions of the classroom and as valuable supplements to the total school program.
Procedure: Building principals and teachers shall ensure that:
1. Field trips support the school program;
2. Careful pre-planning and follow-up activities occur;
3. Prudent care is taken for the safety of pupils;
4. Parental consent is obtained for field trip participation.
School District Procedures for Field Trips
The following procedures establish the district expectations with regard to proper implementation of the NCCVTSD Field Trip Policy.
I. APPROVAL OF FIELD TRIPS
A. A teacher (or teachers) through the student activities coordinator must submit a written request to the immediate supervisor and then to the principal (Form A). The principal will return a signed copy to the student activities coordinator, indicating approval or disapproval. The following attachments must be submitted with Form A:
1. Trip Itinerary (lodging if overnight).
2. Instructions to Chaperones.
3. Emergency Plans
B. Trips that involve overnight accommodations must have the approval of the principal, the assistant superintendent, and the superintendent.
C. Day trips within Delaware need only approval of the principal. Day trips outside Delaware require approval of the principal and assistant superintendent.
D. Trip requests requiring approval of the superintendent/assistant superintendent must be submitted to the S.A.C. office at least six (6) weeks prior to the date of the trip.
E. Trips that cause the student to leave the school site require in each instance a signed permission form from the student's parent or guardian. [Form B] For all district site visitations a blanket permission form may be used. If a blanket permission form is used, advance notification must be given to parents regarding such scheduled trips.
F. Principals shall monitor the frequency of field trips within their schools including both student and teacher absence. Such monitoring shall, if necessary, restrict absence for field trips when they are not in the best interest of students involved, or when they may interfere with other parts of the instructional program.
II. PREPARATION FOR FIELD TRIPS
A. Students shall be given a thorough orientation prior to each field trip. This orientation shall include:
1. Why the trip is being taken.
2. How the trip relates to the curriculum or the total school program.
3. What the students should expect to see.
4. What the students are expected to know when they return.
5. How the students will be grouped.
6. How students are expected to dress.
7. How students are expected to behave. [School Rules and District Code of Conduct apply.]
B. All chaperones shall be provided with the following in writing:
1. A list of special responsibilities, expectations, and limitations.
2. A list of the students for whom they are responsible.
3. The trip itinerary.
4. Safety regulations.
5. Emergency procedures to be used.
C. No later than two days prior to the day of the trip, the sponsor must provide an alphabetized list of those students going on the trip to the principal. If there are students who do not go and for whom the teacher(s) is responsible, a second alphabetized list must be provided indicating teacher coverage and/or assignment for student(s) so listed. On the day of the trip, attendance will be taken; and corrections shall be made to each list with a copy submitted to the high school office.
D. At least one professional staff member with bus roster shall be assigned to each bus.
III. IMPLEMENTATION OF FIELD TRIPS
A. Students are not to be left unattended prior to departure, during the trip, or on return. If a trip returns at a time not within normal school hours, students must be attended by a staff chaperone until all have departed.
B. The student activities coordinator or trip sponsor will oversee the organization for supervision and welfare of students and should be consulted by other chaperones as necessary.
C. Acceptable behavior for staff and chaperones shall be the same as expected in the classroom.
D. Emergency preparation must insure that appropriate student and parent information is available for staff and chaperones. Students needing medication, which is administered on a daily basis by a school nurse, may not be approved for a trip unless a licensed nurse is along, or unless the parent is a chaperone. [The Attorney General of Delaware has issued an opinion that only a licensed nurse or the child's parent may administer medication.]
IV. FINANCING OF FIELD TRIPS
A. Trips that are a required part of the curriculum are provided at no cost to students. Examples: Planetarium, Ashland Nature Center, Delaware Museum of Natural History and school visits.
B. Other trips may be funded through student and parent funds; student activity accounts; or, in some instances, the school or district budgets.
C. Fundraising for trips shall comply with district guidelines and must have approval of the principal. Fundraising activities involving students must be organized and scheduled by school or parent organizations, and must have the approval of the principal.
V. FOLLOW-UP OF FIELD TRIPS
A. Appropriate follow-up activities shall be conducted by staff.
B. Evaluation Form C shall be filed with the student activities coordinator at the conclusion of the field trip.
C. The student activities coordinator shall maintain a file of Forms A and C for at least a one-year period or longer, if there may be reason to do so.
Procedure to Follow for Field Trip
APPLICATION
_____ 1. Secure tentative verbal approval from the student activities coordinator.
_____ 2. Submit Form A in triplicate to the student activities coordinator.
_____ 3. Approved application is returned to teacher, through the student activities coordinator.
PREPARATION - The student activities coordinator will ensure that the following steps have been taken:
_____ 4. Parental permission slip (Form B) is signed and returned prior to the field trip. Notice is to include:
a. the time and place of departure
b. the destination
c. the time of return
d. the method of transportation
e. the purpose of the trip
f. cost of the trip
g. pertinent medical information (if necessary)
h. emergency phone numbers (where parents can be reached)
i. name of sponsor
_____ 5. Pre-trip planning and orientation for students must be conducted.
_____ 6. Notify school personnel who are affected by the absence of students taking this trip (i.e., cafeteria, guidance department, specialists).
_____ 7. An alphabetical list of students (by bus) going on the trip must be given to the office prior to the trip.
_____ 8. An alphabetical list of students not going on the trip must be turned into the office prior to departure.
_____ 9. Student assignments and teacher coverage must be made for those students not going on the trip at least one day prior to the trip. These assignments will be given to the teachers covering the students remaining at school.
_____ 10. A list of pupils who fail to arrive for the trip must be filed in the office.
_____ 11. The trip's sponsor is required to secure chaperones for the trip. The appropriate number of chaperones is to be determined by the building principal and is based upon the nature of the field trip. The following ratio is recommended as a guideline: one chaperone for fifteen (15) students in grades 9 through 12. Unless approved otherwise by the principal, teachers and other qualified school patrons are considered appropriate chaperones.
_____ 12. At least one professional staff member must be assigned to each bus.
_____ 13. Chaperones must be briefed as to the details of the trip and their responsibilities concerning the trip.
_____ 14. Students will be notified of eating arrangements prior to the trip.
_____ 15. Chaperones will be notified of eating arrangements prior to the trip.
_____ 16. Since medications must be administered by a licensed nurse or by the student's parent, students requiring medications must be identified and arrangements made prior to the day of departure.
IMPLEMENTATION
_____ 17. Because of the need for close supervision of participating students, no other children will be permitted to accompany chaperones on any field trips.
_____ 18. Students are to be properly supervised at all times.
_____ 19. During the field trip, every sponsor in charge of a group should have available information of students for whom he/she is responsible. This information must contain phone numbers where parents can be reached and pertinent medical information.
_____ 20. Good behavior and proper courtesy should be practiced at all times.
_____ 21. Students are to dress appropriately for the weather and the places to be visited.
_____ 22. Students may not furnish their own transportation without school and parent approval.
_____ 23. Students must remain with their groups at all times.
_____ 24. Tobacco, alcohol, and other mind-altering substances are prohibited.
_____ 25. Glass containers are not permitted on the bus.
_____ 26. Students must deposit all trash in boxes or bags provided.
_____ 27. Throwing things out of bus windows is prohibited.
_____ 28. Sticking hands and arms, etc., out of the bus windows is prohibited.
_____ 29. Yelling out of bus windows is prohibited.
_____ 30. Students may not change bus assignments without permission.
_____ 31. Attendance will be carefully checked each time students return to the buses.
_____ 32. In case of any serious or major unforeseen problems, the school office, principal, or other district official must be notified immediately.
_____ 33. Chaperones shall check the bus at the conclusion of the field trip.
_____ 34. At least one staff member must remain at school until all students have departed.
_____ 35. The field trip evaluation form (Form C) must be filled out by the trip sponsor and returned to the student activities coordinator.
_____ 36. The sponsor should insure that appropriate follow-up activities are conducted.
206 DISTRICT GRADUATION POLICY
Under the auspices of the State Board of Education, the New Castle County Vocational Technical School District issues a high school diploma. In addition the NCCVTSD awards a career program certificate to students meeting the established criteria.
The diploma is issued to students who meet these requirements effective with the class of 2009:
· Earn the minimum 26.5 course credits as required by the New Castle County Vocational Technical School District's Board of Education, which includes specific requirements of a career program.
· At Hodgson Vocational-Technical High School, students must complete an additional credit in Senior Project.
· In the Career Program, transfer students are allowed up to three vocational or technical related credits from their previous school. All vocational or technical credits are accepted if the student is transferring from another vocational technical school to NCCVTSD.
· Every student must earn a fourth math or science credit*. The student's Career Program of Study will determine which course is required.
· Every senior must earn a minimum of five (5) credits in the senior year. Tech Prep and other college course credits will be eligible to meet the five (5) credit requirement.
Course Required Credits
Career Program 10
English 4
Mathematics 3 or 4*
Science 3 or 4*
Social Studies 3
Physical Education 1
Health .5
Computer Literacy 1
TOTAL 26.5
207 PROVIDING EDUCATION TO STUDENTS WITH ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) AND AIDS RELATED COMPLEX (ARC)
The New Castle County Vocational Technical School District shall not discriminate against any student who has the Acquired Immune Deficiency Syndrome (AIDS), the AIDS-Related Complex (ARC) or who has tested positively to the HTLV-III antibody. Any such student shall be permitted to attend school unless he or she (a) has open sores that cannot be covered, (b) demonstrates physically aggressive behavior with a documented history of biting or harming others, (c) is, in the opinion of his or her physician, at risk from communicable diseases present in the school, or (d) has other medically related problems which would contraindicate school attendance, in the opinion of the physician.
Any student having AIDS/ARC or the HTLV-III antibody who is excluded from attending school in the New Castle County Vocational Technical School District shall have his or her exclusion reviewed by a State Advisory Panel, duly appointed by the State Department of Public Instruction. District personnel shall submit to the panel: (a) evidence that the student exhibits or manifests the symptoms which justify exclusion, and (b) a current report from the student's personal physician. If recommended by the student's physician, the student will remain in the school until a determination is made by the panel.
Any student whose exclusion is justified for any of the reasons set forth above shall be readmitted when his/her personal physician verifies to the State Advisory Panel that the condition for which the exclusion occurred has been corrected or has abated, and the panel determines that the student can return to school.
Each high school in the district shall designate its school nurse who, acting in cooperation with the school principal, shall function as: (a) the liaison with student's personal physician; (b) the advocate for the AIDS/ARC or HTLV-III student in the school (i.e., assist in problem resolution, answer questions); and (c) as the coordinator of services provided by other staff.
Any AIDS/ARC or HTLV-III student who is excluded from school for reasons set forth above shall be provided with an appropriate alternative education in accordance with established District procedures.
Dissemination of the knowledge that a student has AIDS/ARC or HTLV-III antibody is subject to State and Federal privacy laws and regulations.
Routine and standard procedures for handling all body fluids, established by the Department of Public Instruction and published in the School Nurse Handbook, School Bus Drivers Handbook, and the Handbook for School Food Services, shall be utilized in every school.
School Nurses shall avail themselves of all relevant educational programs established and/or coordinated by the Department of Public Instruction regarding the AIDS/ARC infection, mode of transmission, care of body fluids, and personal hygiene techniques for students and staff. In turn, they will be responsible for carrying out such training for school district personnel.
Nothing contained in this policy shall contravene State Board of Education Policy, State Laws or Federal Laws.
208 DUE PROCESS
The Board of Education of the New Castle County Vocational-Technical School District believes that a sound education is a basic prerequisite to compete successfully in today's complex society. The Board recognizes the student's fundamental right to a free public education, which may not be abridged without good and sufficient cause.
To ensure that an environment is maintained which is conducive to learning, the Board of Education has established and published a Code of Conduct for students. This Code of Conduct contains rules and regulations governing the behavior of students and includes consequences for students breaching of the rules or in any way interrupting the educational process. The ultimate penalties are suspension and expulsion.
Recognizing that denial of the student's rights to a free education is a serious consequence for misbehavior, the Board hereby adopts this policy of Due Process that ensures:
1. A student has the right to know the rules and regulations of the school district and the potential consequences for abridging those rules;
2. Prior to being suspended, a student has the right to know the reason for the suspension;
3. The student has the right to know the nature of the evidence against him/her;
4. The student is given a chance to tell his/her side of the story; and
5. The suspension can be appealed through the Grievance Procedure that is outlined in the Student Handbook.
A copy of this policy shall be made available to all students within 30 days after adoption and shall later be included in the Student Handbook for distribution to all students at the beginning of each school year.
209 EXPULSION
State Regulations define expulsion as " . . . the exclusion of a pupil from school."
When a student commits a violation which may result in a recommendation for expulsion, the following procedure shall be followed:
STEP I
A. The student shall be suspended up to five (5) school days.
B. The Principal shall make every reasonable effort to investigate all aspects of the discipline problem, including a conference with the student to inform him/her of the charges and an opportunity to tell his/her side of the story. If possible, the conference shall be held prior to the student's suspension. Every effort will be made to involve parents at this level of the process.
C. The Principal shall complete his/her investigation within three (3) school days after the day of the incident under investigation.
D. If the Principal determines that the student committed the offense and that the nature of the offense warrants a recommendation for expulsion, the Principal shall submit a summary of the Principal's investigation and the recommendation to the Superintendent.
E. If the Superintendent concurs with the recommendation for expulsion, the student's suspension shall be extended pending a recommendation by the hearing officer following the Step II formal hearing.
F. If the Superintendent does not concur with the recommendation for expulsion, alternative education placement may be considered after consultation with the student and his/her parent or guardian.
STEP II
A. If the Superintendent concurs with the recommendation from the Principal, the Superintendent or his/her designee shall, within eight (8) school days of the incident giving rise to expulsion recommendation, notify the student and the student's parents or guardians of intent to expel and of the date, time, and location for a formal hearing on the recommendation for expulsion. The notice of intent to expel shall be sent by certified mail, or hand delivered, and shall state the reasons for the expulsion and the time and place of the hearing. In addition, the notice shall be accompanied by a copy of these rules of procedure for the conduct of expulsion hearings.
B. The formal hearing shall be held not less than three (3) nor more than seven (7) school days after the notice of intent to expel is received. The time period may be extended by agreement of all parties.
C. The formal hearing shall be conducted by an impartial hearing officer selected by the Superintendent. The hearing officer may be an employee of the District.
D. The hearing officer shall have full authority to control the conduct of the hearing, including authority to admit or exclude evidence. The hearing officer in conducting the hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure. The hearing officer shall exclude plainly irrelevant evidence. Unduly repetitive proof, rebuttal and cross-examination shall be excluded. The witnesses shall be sworn by the hearing officer.
E. The student shall have the following rights:
1. To be represented by counsel, at the student's expense;
2. To question any witnesses who testify and receive a copy of any statements and/or affidavits of such witnesses;
3. To request that any witnesses appear in person and answer questions or be cross-examined (student witnesses will not be excused from school or allowed to testify unless their parent(s)/guardian(s) have given written permission);
4. To testify and produce witnesses on his/her behalf;
5. To obtain, upon written request, a copy of the transcript or tape of the formal hearing.
STEP III
A. Within three (3) school days following the conclusion of the formal hearing, the hearing officer shall prepare a written report (the "Report") for the Board of Education. The Report shall summarize the evidence, state conclusions of fact and make a recommendation as to whether the Board should expel the student. If expulsion is not recommended, alternative education placement may be recommended if appropriate.
B. If the hearing officer does not recommend expulsion, the student may be permitted to return to school pending a review of the Report by the Board.
C. The Board shall review the Report as well as the transcript of the formal hearing and decide whether to expel the student.
STEP IV
STUDENTS WITH DISABILITIES
A. In the case of students with disabilities, as defined in Federal and State regulations, an Individualized Educational Program (IEP)/Manifestation Determination Review (MDR) Team meeting will be convened when a student has been suspended for more than ten (10) days, either consecutively or cumulatively, in any one school year, or if expulsion is being considered. When a student with disabilities has accumulated eight (8) days suspension, the Student Advisor is to notify the building Special Education Department Team Leader in writing to ensure that appropriate action may be taken prior to reaching the ten (10) day limit.
B. The IEP/MDR Team meeting will be held to determine whether the offense was related to the disability or the result of an inappropriate placement.
C. If the IEP/MDR Team determines that the offense is related to the student's disability or the result of inappropriate placement, then the student's program or placement will be modified accordingly.
D. If the IEP/MDR Team determines that the offense is neither related to the student's disability nor the result of an inappropriate placement, then the student will be subject to the provisions of the Discipline Policy.
E. In instances where the student with disabilities presents a danger to himself/herself or others, or is so disruptive to the educational environment as to interfere with the rights of other students to benefit from an education, emergency placements may be invoked by the District, including homebound instruction.
STEP V
FOLLOW-UP TO EXPULSION
A. A student who is expelled shall be informed of the duration of the expulsion, after which the parent may petition the Board of Education for readmission.
B. Any student who has been expelled, before making application for readmission, must provide evidence of having received appropriate related services pertinent to the expulsion offense.
C. All students readmitted to school following an expulsion shall be:
1. Readmitted on a date to coincide with the beginning of a marking period/semester as defined by the school calendar.
2. Advised that the conditions for readmission shall be specified through a written behavioral contract designed by appropriate school personnel and signed by the student and his/her parent.
3. Retained on the behavioral contract for one (1) calendar year following the date of readmission.
D. A student who is expelled shall be denied attendance at any school or any facility in the New Castle County Vocational-Technical School District unless there are special considerations required by law.
210 COSMETOLOGY CERTIFICATION
The New Castle County Vocational Technical School District endorses the guidelines as established by the State Board of Cosmetology and Barbering of the State of Delaware and Department of Public Instruction.
Thus, students enrolled in the cosmetology career are required to complete the three-year program of study as designed by the New Castle County Vocational Technical School District. Students must successfully complete 1500 hours of instruction to be considered eligible to take the state licensing examination and be registered to take the exam in order to be eligible for an Exemplary (gold seal) or Standard (silver seal) certificate.
211 FIREARM POSSESSION
Possession of a firearm on school property, in a school bus, or at any school-sponsored event or activity shall result in expulsion for a period of not less than 180 school days. The Superintendent shall modify such expulsion requirement to the extent a modification is required by Federal or State law.
Definition of Firearm
For purposes of this policy, "firearm" is defined in Section 921 of Title 18, United States Code. Generally, "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Please note that the District's existing policy on the possession of weapons continues to apply to weapons which fall outside the definition of "firearm."
Students with Disabilities
This policy shall apply to all students. With regard, however, to students with disabilities, federal and state law shall control. Thus, prior to any discipline or change of placement of such students, there shall be a determination as to whether the violation of this policy was a result of the student's disability, or inappropriate program.
212 SEXUAL HARASSMENT OF AND BY STUDENTS
It is the New Castle County Vocational Technical School District's (NCCVTSD) policy to ensure the safety of all students and to foster respect and human dignity in the educational setting. Further, the District endorses the right of all students to attend a school that is free of discrimination. Sexual harassment not only impairs the health, well-being, productivity, and safety of students, but is also against the law.
The NCCVTSD has taken a strong stand against sexual harassment. NCCVTSD recognizes that sexual harassment is a form of sex discrimination/victimization and that classroom teachers, faculty, staff, and students should be protected from it.
In accordance with Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972, the NCCVTSD endorses the following:
1. Establishment of strong policies defining and prohibiting sexual harassment.
2. Development of educational programs designed to help people recognize, understand, prevent, combat, and eliminate sexual harassment.
3. Development and publication of a grievance procedure that encourages the reporting incidents of sexual harassment, resolving of complaints promptly, and protection of the right of all parties.
Definitions
The following definitions shall apply to the policy:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment.
Title IX of the Education Amendments prohibits sex discrimination including sexual harassment in schools receiving federal funds. This includes all school-sponsored activities, including athletics, field trips, extracurricular programs and bus transportation. It also prohibits sexual harassment even where the harasser and the person being harassed are the same sex.
Further, Title IX defines two types of sexual harassment: 1) "quid pro quo" and 2) "hostile environment":
"Quid pro quo" sexual harassment occurs when a school employee explicitly or implicitly conditions a student's participation in an education program or school activity, or bases an education decision (such as a grade), on the student's submission to unwelcome sexual conduct.
"Quid pro quo" harassment is illegal under Title IX whether the student refuses to submit to the school employee's demands and suffers the threatened harm, or does what the school employee wants. According to the Policy Guidance, a school "will always be liable for even one instance of Quid pro quo harassment by a school employee in position of authority," even if the school didn't know about the harassment.
"Hostile environment" sexual harassment involves (1) conduct of a sexual nature that is (2) sufficiently "severe, persistent, or pervasive" and (3) "unwelcome".
A hostile environment is created when the student views the environment as hostile and when it is reasonable for the student to view the environment as hostile. Generally, a hostile environment is created by a series of incidents. For example, one sexually offensive joke may not in itself create a sexually hostile environment. However, if a student is subjected to sexually offensive jokes on a number of occasions, a sexually hostile environment is created.
A sexually hostile environment may also be created by a single severe incident, such as a rape, sexual assault, or indecent exposure.
Conduct of a sexual nature is unwelcome when the student being harassed did not request or invite the conduct and regarded it as offensive or undesirable.
Mere acquiescence or failure to complain does not always mean that the conduct is welcome. The fact that a student accepted this conduct on one occasion does not mean that he/she condones such behavior. On subsequent occasions, such behavior may be indicted as unwelcome. In addition, younger children or children with handicapping conditions, may not be able to recognize that they can or should object to certain conduct, or they might not be able to articulate an objection.
Reporting and Procedures
I. Student complaints may be reported to the following people:
• Teacher
• Counselor
• Nurse
• Gender-equity Advisor
• School Psychologist
• Student Advisor
• Building Administrators
• Staff Member
Realizing that the rights of the accused must also be protected, a fair and impartial investigation of the allegations will then take place by an investigator designated by the principal/director or Title IX coordinator. All aspects and proceedings of the investigation will be maintained as confidential except to the extent that it is essential to share information with a witness in order to conduct a further investigation. The witness will be directed to preserve the confidentiality of the matter.
Informal means for resolving the complaint may be an optional part of the formal investigative proceedings.
All parties will be advised that the NCCVTSD prohibits retaliatory behavior against any complainant or any participant in the complaint process. Retaliation includes, but is not limited to any form of intimidation, reprisal, or harassment. The initiation of a complaint of sexual harassment will not impede the student's access to education, will not reflect negatively on the student who initiates the complaint, nor will it affect the student's co-op employment, grades, class work, homework assignments, rights, or privileges. This includes arrangements for any additional educational or vocational assistance as needed.
II. Implementation and Dissemination:
In accordance with taking proactive and affirmative steps to stop sexual harassment in the schools, reporting/procedures will be implemented. New Castle Vo-Tech School District will provide notice to employees, students, and parents of these procedures.
III. Consequences:
Violation of the Sexual Harassment Policy by students will result in appropriate disciplinary action up to and including expulsion. Further, if the violation is by an employee, appropriate disciplinary action up to and including termination of employment will result. Retaliation in any form against the victims, individuals who testify, assist, or participate in the investigation proceedings or hearing related to the complaint, is strictly prohibited and will itself be cause for appropriate disciplinary action.
REPORTING PROCEDURES FOR
SEXUAL HARASSMENT POLICY
Specific and prompt time frames for completion of the major stages of the complaint process are outlined below:
|
MAJOR STAGES |
TIME FRAME |
RESPONSIBLE |
|
I. • A verbal or written report made to the principal. • The sexual harassment incident report is filled-out and filed with the principal/Director, Title IX coordinator. |
Within 24 hours |
Teacher Nurse Counselor Title IX Coordinator Superintendent Gender-equity Advisor School Psychologist Building Administrator Staff Member Student Advisor |
|
II. • The principal/Director will inform the Title IX coordinator who will initiate an investigation into the complaint. |
Within 24 hours |
Principal/Director |
|
III. • Written notice will be given to all parties of the impending investigation
• Investigation process will occur and will involve witnesses and pertinent evidence.
• Notice in writing will be given to the parties of the outcome of the complaints. When appropriate, a "Student Conduct Report" is filed with the local police in accordance with House Bill 85. |
Within 10 days |
The Title IX Coordinator completes "Notification of Impending Investigation Form" and sends to parents/guardians of victim(s) and accused.
The investigator and appropriate committee members.
The Title IX coordinator will inform the principal/director, superintendent, coordinator, and all pertinent parties of the outcome of the investigation. |
|
IV. • If appropriate, preventive and corrective measures for possible discriminatory effects will be outlined and implemented. |
Within 10 days after the investigative decision |
Title IX Coordinator Principal/Director |
|
V. • Appeal process |
Within 30 days |
Appeals are submitted to the Superintendent/Designee |
213 PARENT/FAMILY INVOLVEMENT
The New Castle County Vocational-Technical School District Board of Education recognizes that a child's education is a responsibility shared by the school and family during the entire period the child spends in school. To support the goal of the school district to effectively educate all students, the schools and parents must work as knowledgeable partners.
Although parents are diverse in culture, language, and needs, they share the school's commitment to the educational success of their children. This school district, in collaboration with parents, will work towards establishing practices that enhance parent involvement and reflect the specific needs of students and their families.
To this end, the Board supports working towards the development, implementation, and regular evaluation of parent involvement in each school and at the district level. Parent involvement will include, but not be limited to, the following components of successful parent involvement:
• Communication between home and school is regular, two-way and meaningful.
• Parenting skills are promoted and supported.
• Parents play an integral role in assisting student learning.
• Parents are welcome in the school, and their support and assistance are sought.
• Community resources are used to strengthen school, family, and student learning.
The New Castle County Vocational-Technical School District Board of Education supports the implementation of professional development opportunities for staff members to enhance understanding of effective parent involvement strategies. The Board also recognizes the importance of administrative leadership in setting expectations and creating a climate conducive to parental participation.
Engaging parents is essential to improved student achievement. This school district shall foster and support active parent involvement.
214 AUTHORIZATION FOR STUDENT RELEASE FROM SCHOOL
It shall be the policy of the school district that a student shall be released during the school day only to a parent or to a person authorized by a parent. The district superintendent, school principal, or others designated by the superintendent or principal should check carefully to make certain that the person claiming to represent the parent is so authorized. Written authority is preferable; however, a check may be made by telephoning the parent/legal guardian for confirmation.
215 WELLNESS POLICY
Public Law 108-265 Section 204 indicates that Local District Wellness Policies must include the following areas of focus:
1. Goals for the nutrition education, physical activity and other school-based activities.
2. Nutrition guidelines for all foods sold on campus.
3. Assurance that school meals meet USDA regulations.
4. A plan for monitoring the implementation of the wellness policy.
5. Involvement of parents, students, representatives of school food authority, the school board, school administrators and the public.
*Wellness Policy adopted from "Action for Healthy Kids" Delaware
Goals for Nutrition Education
The New Castle County Vocational Technical School District's wellness policy is intended to influence a student's actual eating behaviors that result in lifelong healthy food choices. These healthy food choices will help to eliminate barriers to learning associated with improper nutrition and fitness. Healthy food choice themes include:
Knowledge of the Food Guide Pyramid Healthy heart choices
Sources and variety of foods Dietary Guidelines for Americans
Diet and disease Understanding calories
Healthy snacks Healthy breakfast
Healthy diet Food labels
Major nutrients Multicultural influences
Serving sizes Proper food safety/sanitation
Limiting foods of low nutrient density
Nutrition Education
The overall goal for nutrition education for the New Castle County Vocational Technical School District is to promote the integration of nutrition education into all curriculum areas. We will:
1. Integrate nutrition education into the respective subject areas with the help of credentialed nutrition professionals from DOE and other sources.
2. Educate and train teachers to integrate nutrition education in an interdisciplinary approach.
3. Promote and disseminate resource information related to integration of nutrition education into curriculum.
4. Promote nutrition awareness throughout school environment by disseminating resources for nutrition education that can be displayed (i.e. posters in cafeteria, hallways, gymnasiums, classrooms, etc . . .). The point of sale posters can assist students to make healthy food choices.
5. Promote nutrition awareness to parents and communities through any of the following methods: offering healthy eating seminars, sending nutrition information home, posting nutrition tips on websites, and providing nutrient analysis of school menus.
6. Incorporate nutrition education into after school programming that services our students.
7. Initiate school-based marketing that is consistent with nutrition education and health promotion. As such, we will limit food and beverage marketing to the promotion of foods and beverages that meet the nutrition standards for meals or for foods and beverages sold individually.
8. Prohibit school-based marketing of brands promoting predominantly low nutrient foods and beverages.
9. Promote healthy foods, including fruits, vegetables, whole grains, and low-fat dairy products.
10. Establish school staff wellness committees. Staff wellness committees shall develop, promote, and oversee a multi-faceted plan to promote staff health and wellness.
12. Encourage participation in Coordinated School Health Programs (CSHP) in order to facilitate coordination between food service and classroom instruction.
13. Provide training for school counselors and school nurses to identify unhealthy eating behaviors in students and make referrals to appropriate services.
Goals for Nutrition Standards
Schools play a powerful role in influencing students' dietary behaviors. There are several ways schools can help ensure the daily eating habits being formed by students will contribute to their learning achievement and lifelong good health.
The New Castle County Vocational Technical School District strongly encourages the sale or distribution of nutrient dense foods for all school functions and activities. Nutrient dense foods are those foods that provide students with calories rich in the nutrient content needed to be healthy. In an effort to support the consumption of nutrient dense foods in the school setting, the district has adopted the following nutrition guidelines governing the sale of food, beverages, and candy. The school district is committed to promoting the Nutrition Policy with all school nutrition personnel, teachers, nurses, coaches and other school administrative staff. The school district will work toward expanding awareness about this policy among students, parents, teachers and the community.
Nutrition Guidelines
1. All reimbursable meals will meet Federal nutrient standards as required by the US Department of Agriculture Child Nutrition Program regulations. Menus must comply with the current USDA Dietary Guidelines for nutrition goals when averaged over a school week, and portions should be appropriate for each age group. In addition, the New Castle County Vocational Technical School District will:
2. Provide students with healthy and nutritious foods.
3. Include foods offered over the course of a school week that emphasize nutrient dense foods and beverages and include whole grain products, fiber rich vegetables and fruits.
4. Support healthy eating through nutrition education.
5. Encourage students to select and consume all components of the school meal.
6. Display prominently the nutrition information for products offered in snack bars, a la carte, vending, and school stores.
The following items may not be served, sold, or given out as free promotion anywhere on school property at anytime before the end of the school day:
Foods of minimal nutritional value as defined by USDA regulations:
"210.11 Foods of Minimal Nutritional Value"
A food which provides less than five percent of the Reference Daily Intakes (RDI) for each of eight specified nutrients per serving and in the case of all other foods a food which provides less than five percent of the RDI for each of eight specified nutrients per 100 calories and less than five percent of the RDI for each of eight specified nutrients per serving.
Examples: Soda water, water ices, chewing gum, and certain candies (hard candy, jellies/gums, marshmallow, fondant, licorice, spun candy, candy coated popcorn) are prohibited.
Schools shall move to eliminate any items containing trans fats.
All snacks and beverage items sold or served anywhere on school property during the school day, including items sold in a la carte lines, vending machines, snack bars, school stores, fundraising, or served in the reimbursable After School Snack Program shall meet the following standards:
Portion Size
1. One and one-half ounces for chips, crackers, popcorn, cereal, trail mix, nuts, seeds, or dried fruit
2. Two ounces for cookies or cereal bars
3. Three ounces for bakery items, including but not limited to pastries, muffins and donuts
4. Four fluid ounces for frozen desserts, including but not limited to ice cream
5. Twelve-ounces for beverages (except water and milk products)
Nutrient Standards
Middle/High Schools
Snacks No more than 35% calories from sugar or other sweeteners
No more than 8 grams of fat per serving and/or having 35% or less of its total calories from fat
10% or less of its total calories from saturated fats and or trans fat
Beverages Must be made with at least 50% and up to and including 100% real fruit juice and must not contain added sweeteners
Electrolyte replacement beverages with no more than 30 grams of sugar per 12 oz serving size
Dairy products must be low fat or skim, including but not limited to: chocolate and strawberry flavors, and soy or rice beverages
Water
Nuts, seeds, and dried fruits are exempt from the above standards.
How to calculate Fat and Sugar Percentages:
If a Snack contains:
120 calories
4 grams fat
5 grams sugar
How to calculate fat percentage:
4 grams fat x 9 calories per gram = 36 fat calories (36 fat calories / 120 calories = 30%)
How to calculate sugar percentage:
5 grams sugar x 4 calories per gram = 20 sugar calories (20 sugar calories / 120 calories = 17%)
Other School Based Activities (Eating Environment)
1. The Nutritional Association of State Boards recommends a minimum of at least 10 minutes for breakfast and 20 minutes for lunch from the time the student sits down to eat.
2. There should be a minimum of 3 hours, and not more than 5 hours, scheduled between breakfast and lunch periods.
3. Bus schedules and morning breaks should be coordinated to allow students ample time before class to eat breakfast.
4. Lunch periods are scheduled as near the middle of the school day as possible.
5. It is recommended that physical education and recess be scheduled before lunch whenever possible.
6. Food service staff and school administration collaborate to provide sufficient space and time for meals.
7. Dining areas are attractive and have enough space for seating all students.
8. Drinking water is available at mealtime for all students.
9. Students should be encouraged to wash their hands before meals to prevent spread of germs and reduce the risk of illness.
10. Meals and snacks will not be used as a reward or a punishment for student behaviors, unless it is detailed in a students Individualized Education Plan (IEP).
11. A list of healthy snacks including snacks that are free of common allergens i.e., peanut-egg-wheat-dairy will be distributed to parents to use as a guide when considering food items for special events during school celebrations or during curriculum-related activities. (See attached)
12. School should encourage fundraisers that promote positive health habits such as the sale of non-food and nutritious food items as well as fund raising to support physical activities.
13. School nutrition programs will aim to be financially self-supporting. The school nutrition program is an essential support to the success of the education process. Profit generation should not take precedence over the nutritional needs of the students. If subsidy of the school nutrition fund is needed, it will not be from the sale of foods that have minimal nutritional value and or compete nutritionally with program meals:
"210.11 Competitive Food Services"
Competitive Foods means any foods sold in competition with the school breakfast and lunch programs to children in food service areas during serving periods.
"The sale of other competitive foods may, at the discretion of the State Agency and School Food Authority, be allowed in the food service area during the lunch period if all income from the sale of such foods accrues to the benefit of the non-profit school food service or the school or student's organizations approved by the school." (Federal Regulation 7CFR Part 210.11 (B).
14. State agencies and school food authorities may impose additional restrictions on the sale of and income from all foods sold at any time throughout schools participating in the national school breakfast program and lunch program.
15. The school district will employ a properly qualified, certified and/or credentialed Nutrition Director to administer the school nutrition programs.
16. All school nutrition personnel shall have adequate in-service training in food service operations.
17. Students are encouraged to start each day with a healthy breakfast.
18. Hazard Analysis and Critical Control Points (HACCP) plans and guidelines are implemented to prevent food illness in schools.
19. Safety and security of the food, and building access to the school nutrition operations are limited to school nutrition personnel and other authorized personnel.
Goals for Physical Activity
Schools share a responsibility to help students and staff establish and maintain the lifelong habits of being physically active. Regular physical activity is one of the most important things individuals can do to maintain and improve their physical health, mental health and overall well being.
The New Castle County Vocational Technical School District will play a role in influencing students' physical activity behaviors. By providing challenging physical and health education classes, and providing unique opportunities for physical activity during the day, we will give students the knowledge, motivation, and skills needed for lifelong physical activity.
Physical Education versus Physical Activity
Physical Education teaches the knowledge and skills to be physically active for life. Physical Activity is all bodily movements that result in energy expenditure. This includes daily routine activities such as school work, intramural activities, sports, free play, planned and structured repetitive movements designed specifically to improve fitness and health.
Physical Education and Physical Activity
1. All public and charter school students in grades K-12 should receive a quality physical education program that is
• Age-appropriate
• Taught by a certified physical education teacher
• Monitoring fitness levels of all students while suing result to guide programming
• 150 minutes per week in elementary schools
• 225 minutes per week for middle and high school (excluding recess) removed period
2. The physical education program should:
• Build knowledge and skills for the enjoyment of lifelong fitness through physical activity
• Create a positive atmosphere for all students to participate in physical activities
• Enhance skills in leadership, teamwork and self-confidence
• Utilize technology within the curriculum to enhance motivation and participation
3. The national recommendations of 60 minutes per day of moderate to vigorous physical activity should be the goal for all students. This includes opportunities in various settings such as:
• Physical Education
• Classroom
• Recess
• After-school programs
4. Schools should provide adequate space and the appropriate equipment to meet the Delaware standards for physical education.
5. Students should not be excluded from participating in physical education classes and opportunities for physical activity for unrelated disciplinary action. Nor should physical activity be used as a disciplinary measure.
6. After-school programs should include supervision by trained staff, and provide developmentally and age-appropriate physical activity for all participants.
7. Nutrition education should be integrated into the physical education curriculum to educate students on the benefits of proper nutrition and overall health.
8. The benefits associated with healthy eating and physical activity should be shared with community groups and parents.
9. Staff wellness opportunities should be available to all employees.
10. Schools should schedule recess before lunch since research indicates physical activity prior to lunch can improve nutrient intake and reduce food waste.
Monitoring Implementation of Wellness Policy
The New Castle County Vocational Technical School District will appoint a Wellness Policy Coordinator to assist in the implementation, coordination and evaluation of the Wellness Policy by:
1. Ensuring the instruction and services associated with the Wellness Policy are mutually reinforcing and present consistent messages.
2. Facilitating collaboration among administrative and instructional staff.
3. Assisting the superintendent/school principal and other administrative staff with the integration, management, and supervision of the Wellness Policy.
4. Providing for necessary technical assistance.
5. Facilitating collaboration between the district and other agencies and organizations in the community who have an interest in the health and well being of children and their families.
6. Evaluating the results of the Wellness Policy with specific timelines to ensure accountability.
Glossary
A la carte foods - a menu term signifying that each item is sold and priced separately from the National School Lunch and School Breakfast Programs.
Food Allergens - substances in food that trigger the immune system and can cause severe allergic reactions.
Competitive Foods - foods that are sold in competition with meals served under the National School Lunch and School Breakfast Programs.
Coordinated School Health Program - integrated, planned, school-based programs that were designed by the Center of Disease Control to promote physical, emotional, and educational development of students. The eight components consist of Physical Education, Health Education, Health Services, Counseling, Psychological & Social Services, Healthy School Environment, Health Promotion for Faculty and Staff, Parent and Community Involvement and Nutrition/Food Service.
Dietary Guidelines for Americans - is published jointly every five years by the Department of Health and Human Services (HHS) and the Department of Agriculture (USDA). It provides authoritative advice for people two years and older about how good dietary habits can promote health and reduce risk for major chronic diseases.
Federal Nutrient Standards - standards for healthy school meals developed by the USDA to set required levels for key nutrients in keeping with the recommendations of the Dietary Guidelines for Americans.
My (Food Guide) Pyramid - outline or a system that provides many options to help Americans make healthy food choices based on dietary guidelines set by the USDA.
Foods of low nutrient density - Foods that are high in calories, often from fats or sugars and contain little or no of vitamins, minerals, or other essential nutrients, eg. chewing gum, flavored ice bars, etc.
Hazard Analysis and Critical Control Points Plan and Guidelines - a systematic approach to the identification, evaluation, and control of food safety by preventing hazards that could cause food-borne illnesses by applying science-based controls, from raw material to finished products.
Individualized Education Plan (IEP) - children, who are eligible for special education services, will have a written document that outlines an educational program that is tailored to the individual student to provide maximum educational benefit.
Nutrient Analysis - evaluation of a menu to ensure that it meets the appropriate nutrient standards.
Nutrient dense foods - foods that are high in essential nutrients proportional to their caloric value.
Physical Activity - exercise or health related activity that is planned, structured and repetitive, consisting of moderate to high intensity levels of exertion, resulting in the maintenance or improvement of physical fitness (body composition, flexibility, aerobic power, muscular strength and endurance).
Physical Education - learning a wide range of movements, knowledge, and skills that will contribute to the development of responsible practices, attitudes and behaviors essential to a healthy lifestyle.
Reimbursable meals - meals that are free, reduced and are reimbursable by the federal and state government. These meals must meet federal requirements established by the National School Lunch Program. Schools who participate are required to offer lunches to eligible children.
Saturated Fats - fats such as those in meat, poultry, some dairy products, processed and fast foods and other sources can cause an elevation in blood cholesterol levels. High levels of saturated fats are risk factors for cardiovascular disease.
School-based marketing - public relations and marketing strategies that focuses on students, teachers and administrators within the school environment.
Trans fats - Trans fats naturally occur in some foods, but are more commonly formed from "partial hydrogenation" of liquid oil. Trans fats contribute to cardiovascular disease by raising levels of LDL (bad cholesterol) and decreasing levels of HDL (good cholesterol). Mandatory labeling of trans fats will begin January 1st 2006.
301 NONDISCRIMINATION AFFIRMATIVE ACTION POLICY
The New Castle County Vocational Technical Board of Education (the "Board") is committed to a policy of nondiscrimination against any employee or applicant for employment because of race, color, religious creed, ancestry, union membership, age, gender, marital status, sexual orientation, national origin, handicap or disability. This policy applies to recruitment, employment and subsequent placement, training, promotion, compensation, tenure and all other terms and conditions of employment over which the Board has jurisdiction.
The Board will comply with all Federal and State laws, rules and regulations, and executive orders relating to equal employment opportunities.
The Board will further equal employment opportunities by directing its staff to actively seek qualified minority, women, and persons with disabilities for all open positions in order to attain its goal of a multicultural workforce in all branches and divisions. Furthermore, the Board directs its staff to promulgate clear and consistent guidelines prohibiting discrimination based on race, color, religious creed, ancestry, union membership, age, gender, marital status, sexual orientation, national origin, handicap or disability to maintain an environment where only job related criteria are used to assess employees or prospective employees of the district.
Communication of Policy
Procedures for the dissemination of this Policy are essential in order to insure awareness and understanding of the program by all employees. It is understood that this is a crucial factor in determining the success of our efforts toward achieving the goal of equal employment opportunity for the District.
A. Internal
The Board's Policy will be communicated to all employees and particularly to those responsible for the day-to-day administration of each facility of the District and all other employees and agents who are involved with the recruitment, interviewing and the hiring, appointment, transfer, promotion or evaluation of District personnel. It will be the responsibility of the person in charge of each District facility to maintain copies of the Board's Policy for review by any employee.
B. External
Sources of potential employees will be advised of the Board's Policy. In particular, continuous contact will be maintained with organizations within the community whose membership includes significant numbers of minorities and women and/or persons with a disability for assistance in minority/female recruitment.
A copy of the Board's Policy will be available to the public, in the District Office and in school libraries. Copies of the Board Policy are available upon request.
The term "An Equal Opportunity Employer" or similar affirmative action statement will appear on all application forms, recruitment materials, and official district and school letterhead.
Sexual Harassment
It is the District's policy to foster human dignity in the workplace. Sexual harassment contradicts this ideal and therefore, no District employee or applicant shall be subject to sexual harassment.
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when: (1) submission to such conduct is made either an explicit or implicit term or condition of employment; (2) submission to or rejection of such conduct is used as a basis for an employment decision affecting the harassed employees; or (3) harassment substantially interferes with an employee's ability to work or creates an intimidating, hostile, or offensive work environment.
If a person feels that he or she has been sexually harassed, he or she may wish to speak or write directly to the person who is offending him or her or consult initially with the Personnel Director or the Assistant Superintendent about how best to resolve the situation. Any complaint brought to the Personnel Director or Assistant Superintendent will be held in strict confidence, except where otherwise required by law. Initially, steps should be taken to resolve the problem informally. Some people may be unaware of their harassing behavior and may respond favorably to immediate communication, confrontation or forceful statement of the problem.
Normally formal procedures will be undertaken only when all informal efforts to resolve the situation have failed. Formal procedure involves examination by the Personnel Director or Assistant Superintendent of the totality of circumstances, the nature and frequency of the alleged incidents, and the context within which the alleged incidents occurred to determine whether sexual harassment has occurred. If it is concluded that sexual harassment has occurred, the Personnel Director or Assistant Superintendent will immediately recommend appropriate, corrective or disciplinary action, up to and including termination.
302 EMPLOYEE ETHICS/CONFLICT OF INTEREST
All employees of the School District will not engage in any activity that conflicts, or raises a reasonable question of conflict, with their responsibilities in the school system. More specifically, employees will not:
• Use institutional privileges for private gain.
• Solicit or receive compensation, other than that allowed by law, for performance of his/her duties. This precludes, among other things, acceptance of any gratuities, gifts, or favors that might impair or appear to impair professional judgement; and any personal dealings with any individual or entity with whom he/she, on behalf of the District, has any direct or indirect contact for purposes of obtaining from such individual or entity, noncompetitive contracts, services, or materials.
• Knowingly authorize or employ the authority or influence of his/her position to secure authorization of any public contract in which he/she, a member of his/her family, or any of his/her business associates has an interest.
• Offer any favor, service, or thing of value to obtain special advantage.
• Permit commercial exploitation of his/her professional position.
• Engage in selling merchandise or services for personal profit to students or parents in the attendance area served by the schools in which they work. Examples are: Instructional supplies and equipment; reference books; educational tours.
• Furnish lists of students or parents to anyone selling materials or services.
Employees will use time granted for leave, planning and workshops for the purpose for which it is intended.
303 COMPENSATION
Salary Schedules
All school personnel must receive from State funds the amounts provided in Title 14, Chapter 13. In this regard, the State Board of Education has three important duties:
A. To make such rules and regulations as it deems appropriate to make the application of the salary act uniform through the State - §1315,
B. To determine the number of months of employment for employees, except for teachers and others covered by law, in each district, whose salaries may be paid out of State funds - §1316,
C. To determine salary reduction for substandard certificates - §1313.
Schedules may be revised each year due to legislative action. The Administrative Services Branch of the Department of Public Instruction will supply all districts with updated salary schedules subsequent to enactment by the legislature.
Salary Adjustments
Error - Salary adjustments may be made at any time during the fiscal year when errors have been found in the determination of experience. No local school district official should quote a final salary until complete and accurate data and certification have been determined. Handbook of Personnel Administration, May 1962.
State Salary Increase Adjustments for Changes Status - Salary adjustments, because of the completion of Professional Growth Graduate Programs (B+15, B+30, M+15, M+30, and M+45) or college and university degrees from regionally accredited institutions, will become effective in the pay period next following approval of the candidate's record by the Division of Certification and Personnel, but the adjustment will be retroactive to the first of the month following the date certified as the date when the program was completed. No salary credit may be retroactive into a prior fiscal year. Retroactive salary adjustment may be by a single payment or by payments divided equally among all the pay periods remaining in a current fiscal year as may be determined by the district or State fiscal officers. (State Board of Education regulation, September 15, 1977)
Payment Schedules for Contractual Programs/Inservice Education
Additional hours worked beyond those of an employee's normal job responsibility shall be paid out based on employee classification as listed on the "Work Category Pay Rates" sheet distributed each year or as designated by the Superintendent or providing agency.
Additional Salary and Employees
There is nothing to prevent any board from paying an additional amount of salary to an employee if the additional amount is derived from local funds or from Division III appropriations. Title 14, §1304, §1093.
Also, any board may employ additional personnel from local funds or from Division III appropriations. Title 14, §1705.
Pay Periods
State employees are paid on alternating Friday's. For instances in which payday falls on a State or Federal holiday, payday will be the preceding workday.
Salary Payment Option
All school employees who are employed for ten (10) months per year shall have the option of being paid in 22 or 26 equal payments, but this option must be exercised at the time of signing the contract and the method of payment may not be changed during the year. Title 14, §1317
Deductions
Title 29, §5106 stipulates conditions for salary deductions to be made for hospitalization insurance, membership dues, credit unions, etc.
Payment of Personnel Under Various Federal Title Programs
The following is adopted as State Board of Education policy relative to the payment of professional, salaried, hourly wage, and consultant personnel employed by the various school districts and other agencies in connection with programs under ESEA and other Federal enactments.
This policy shall be applicable to all project proposals within the jurisdiction of this Board serving as the State Board of Education and State Board for Vocational Education, whether new, renewed, or amended, beginning with the date of enactment by the Board.
It is recognized that programs conducted in local school districts and other agencies and financed from Various Federal sources are intended to be an improvement, enrichment, supplement to, and extension of the local educational programs but are at the same time intended to be a very integral part of the educational program of the school district.
Section A of this policy is taken directly from a memorandum from the Department of Health, Education, and Welfare, United States Office of Education, and relates specifically to Title I of the Elementary-Secondary Education Act. However, this policy of the State Board of education for the State of Delaware is intended to expand the coverage so that the policy will be applicable to all Federal titles under the jurisdiction of this Board.
A. Federal Regulation
Section 116.53(d) of the Regulations (HEW, ESEA, Title I) September 17, 1966, provides:
(d) "Federal funds under Title II of the Act shall not be available to pay all or a part of those expenses which the State or local educational agencies would have incurred even if they were not participating in the grant program under Title II of the Act. (Title I of Public Law 98-10). The compensation of supervisory personnel, including superintendents of schools, directors of instruction, supervisors of instruction in regular curriculum areas, and principals, falls within the category of expenses that would have been incurred if a state were not participating in the program."
B. A District may:
1. Employ additional administrative, supervisory, and teaching personnel, or other necessary personnel beyond those allocated in Delaware Code, Title 14, in order to implement a federally-supported project.
2. Extend the employment of a ten or eleven-month administrator or supervisor through the eleventh and twelfth month for purposes of conducting a federally-supported program. Part-time assignments are to be paid a pro rata share.
3. Employ full-time teachers of the school district for additional hours of work in behalf of the Federal program to the extent of three additional hours per school day or three additional hours on Saturday (no Sunday assignments) for a total of nine additional hours per week.
4. Employ full-time instructional personnel who are qualified for administrative or supervisory positions to carry on administrative or supervisory activities beyond the regular school day or school week as described in Item "3" above.
5. Pay a salary equal to the combined State and local salary of other persons in similar assignments at the same rank.
6. Pay an hourly rate for part-time assignment as an amount prorated against the annual salary for the same rank and assignment and in accordance with the qualifications of the individual so assigned and in accordance with previous sections of this statement. (An hourly rate table has been prepared in the Finance Division, State Department of Public Instruction.) Include all assignments and salary factors in the budget of the project.
C. A District shall:
1. Include a description of the position in the project proposal as presented to the State Department of Public Instruction for approval.
2. In describing any new or additional position, align it with a recognized rank as described in Delaware Code, Title 14; or in the case of a non-public school institution describe the position in terms of a rank already existing in the institution and assigned to comparable work.
3. Include in the benefits of the employee all of those benefits that accrue to an employee of the State or the local school district except the benefit of tenure.
4. Seek and obtain approval of a Federal-funded project through the office of the appropriate coordinator in the State Department of Public Instruction prior to the assignment of personnel for the assumption of duties and payment of wages or salary.
D. A District shall not:
1. Supplant a local or State position by substituting Federal funds for payment of that position.
2. Employ a twelve-month district person, otherwise supported by State funds, for additional payment under a Federal program.
3. Employ any teaching personnel beyond three hours per day, three hours Saturday, for a total of nine hours, or on Sunday.
4. Pay a salary to cover paid vacation days during intended Federal employment when that Federal employment is an extension of a ten or eleven-month school year as assigned and paid by the State.
5. Extend the privileges of tenure, as described in Delaware Code, Title 14, Chapter 14, to any person whose salary is drawn from Federal funds; nor may tenure be applied for that part of an assignment that is paid for from Federal funds.
6. Pay a salary or wage to a person involved in pre-planning or preparation activities that are not a distinct part of the approved project. This does not preclude inservice activities during a project.
304 EMPLOYEE BENEFITS PROGRAMS
The employee benefits program is available to all district permanent full-time employees. Classification as follows:
A. Administrators
B. Faculty and Professional Staff
C. Custodial
D. Clerical/Secretarial
Those employees not meeting the eligibility requirement for benefits at district expense may participate in the group insurance programs at their own expense, if approved by the appropriate company carrier. Changes in the eligibility requirements or amount of coverage may differ among the various classification of employees based upon the outcome of contractual negotiations throughout the district
The District provides the following insurances to eligible employees. Additional policy details can be found in the Business Office section of the Internal Website.
Long Term Disability - See Business Office for plan details.
Blue Cross/Blue Shield - See Business Office for plan details.
Life Insurance - See Business Office for plan details.
Liability Insurance - District provides a liability policy subject to District Guidelines and Procedures.
Dental Insurance - See Business Office for plan details.
College Credit Reimbursement - District may pay for course completion under prescribed requirements and prior approval of the District. Additional tuition reimbursement from State funds may also be provided in accordance with State rules and regulations.
Work-related injuries shall be covered under Worker's Compensation as provided in State Law. Worker's Compensation leave shall run concurrently with FMLA leave.
All Employees shall be provided with medical and legal fees coverage and other applicable assistance while acting in the discharge of their duties to the extent of the Board's insurance coverage and applicable State Worker's Compensation.
Benefits Continuation Policy
It shall be the policy of the New Castle County Vocational Technical School District to assume the costs of continuing medical and dental benefits coverage for employees who have exhausted their sick leave, but who have not yet qualified for long-term disability benefits. This benefit coverage may be continued until the employee becomes eligible for long-term disability through the insurance carrier, but under no circumstances shall the coverage be provided by the district beyond a 90-day period. An employee who is denied long-term disability would be required to assume the benefit costs thereafter.
305 COMPENSATORY TIME
Compensatory time is awarded for teacher participation in activities, which require teacher involvement beyond the regular work schedule. No activity will be considered for compensatory arrangements unless the minimum activity length for purpose of compensatory time is 3-1/2 hours; 3-1/2 hours is considered, roughly, 1/2 a compensatory day.
The following rules shall apply except in cases of emergency:
A. Prior approval form must be completed and submitted to the appropriate administrator a minimum of two weeks prior to the activity.
B. Prior approval must be requested through the principal on the appropriate form at least five (5) workdays in advance of the date to be used as compensatory time.
C. No compensatory time shall be granted for otherwise remunerated activities.
D. Compensatory time must be utilized within one calendar year (Example: October 1 to October 1 of the following year) of being earned.
E. Eligible activities must be of at least 3-1/2 hours duration.
F. No more than one compensatory day can be accrued during any 24-hour period.
G. An activity, which encompasses an entire weekend, shall be eligible for two compensatory days.
H. No more than two (2) consecutive days may be used as compensatory time. The use of more than two consecutive compensatory days is discouraged, as is the use of compensatory time immediately before or after a holiday or vacation.
I. Consideration to program and student needs should be given when requesting and approving compensatory days.
J. Compensatory time cannot be utilized during summer employment.
In some instances, a stipend will be paid in lieu of a compensatory day.
A. A staff member may elect to receive a stipend of $150 per day in lieu of a compensatory day. The stipend for a half-day is $75.
B. The total number of compensatory days that can be used within a calendar year may not exceed three (3) days. If additional compensatory time is earned beyond 3 days, the stipend will be paid for each day beyond 3.
C. Multiple days in the summer for activities such as VICA, BPA, or FFA nationals can be earned for stipend only, so that valuable instructional time is not lost during the school year.
The list of activities approved for compensatory time shall include, but not be limited to, the following:
A. Activities such as Science Olympiad, BPA, FFA, Key Club, Skills USA Nationals, Skills USA leadership conferences and Career/College conferences.
B. Parental Meetings such as I.E.P., Section 504, Title I, etc. which cannot be scheduled during the regular school day.
C. District required meetings.
Activities other than those listed above shall be subject to the approval of the building principal, building manager, or division director. Non-administrative district personnel shall apply through their immediate supervisor.
In disputed cases regarding the awarding and use of compensatory time, written appeal may be made to the Superintendent/Designee, whose ruling shall be final.
306 LEAVES AND ABSENCES
Calendar days include Saturday, Sunday, and any days schools are not in session.
Ten, eleven, or twelve days of sick leave are to be available at the start of the school year. Adjustments for employees who terminate service prior to the end of the year are to be made in the final paycheck. (State Board of Education regulation, May 18, 1972)
Administrative Personnel - District Policy provides all permanent, full-time administrative personnel vacation leave at the rate of one and three-quarters (1-3/4) days per month.
Title 14, §1318(h) of the Delaware Code, states as follows:
The maximum amount of annual leave which any employee may be permitted to accumulate shall be 42 days. At the end of each fiscal year, the accumulated annual leave of each employee shall equal not more than 42 days. Where, prior to the end of a fiscal year, an employee has accumulated more than 42 days of annual leave, such annual leave shall be adjusted to 42 days at the end of each fiscal year.
Effective November 1, 1989, vacation shall be credited at the end of each month during which it is earned, retroactive to July 1, 1989.
A. All permanent full-time secretarial and custodial employees shall earn accrued vacation leave based on years of credible State service to be credited monthly as follows:
1. One (1) day per month for the first 12 months of employment. An employee hired after the 15th of the month does not earn a vacation day for that month.
2. One and one-quarter (1.25) per month beginning the 13th month of employment until the 60th month of employment.
3. One and two-thirds (1.67) per month beginning the 61st month and every month thereafter.
Sick Leave
Allowances - Sick leave allowances are as follows: 10 days for 10-month employees, 11 days for 11-month employees, and 12 days for 12-month employees at full pay. Delaware Code permits education employees to accumulate sick leave without limit. Title 14, §1318.
Records of Absences - Each employing Board shall keep an accurate record of the absences from duty and reasons therefore of all employees for whatsoever reason, and may require a statement from the employee when absent because of illness to the effect that he or she was unable to perform his or her duties during the period of absence. The Board may request a physician's certificate if in its judgment this is necessary.
Transfer of - Sick leave accumulated by an employee of any State agency shall be transferred when said employee begins subsequent employment in a school district.
Work Related Injury or Disease - Title 29, §5933 provides that whenever a State employee qualifies for Worker's Compensation Benefits, such employee, for a period not to exceed three months from the date compensation begins, shall not be charged sick leave. This section prescribes compensation and conditions that must be met. Worker's Compensation leave shall run concurrently with FMLA leave.
Terminal Pay for Accumulated Sick Leave - Title 14, §1318(g) provides that in the case of an employee to be retired subsequent to June 1, 1969, after serving in covered employment under provisions of Title 29, Ch. 55, payment shall be made for each unused sick leave day, not to exceed 90 days upon retirement. The total amount paid shall be based on that portion of the salary computed in accordance with State schedules, regardless of the source of funding, and shall be based upon 50% of the per diem rate of pay in effect at the time of retirement. The New Castle County Vocational Technical School District includes the local salary supplement in computing the per diem rate of pay.
Teachers and other school employees may be absent for the following reasons without loss of pay:
A. Death in the Immediate Family - Up to five (5) working days. Immediate family is defined as father, mother, brother, sister, son, daughter, grandchild, husband, wife, parent-in-law, daughter-in-law, son-in-law, or any relative who resides in the same household, or any person with whom the employee has made his or her home. This absence shall be in addition to other leaves granted the employee. 14 Del.C. §1318(b).
B. Critical Illness in Immediate Family - In the case of a serious illness of a member of the immediate family as listed in A above, an employee may use accrued sick leave. In the case of an absence of more than five (5) consecutive days, a doctor's note is required. 14 Del.C. §1318(c).
C. Death of a Near Relative - One (1) day for the funeral. Near relative is defined as first cousin, grandfather, grandmother, aunt, uncle, niece, nephew, brother-in-law, or sister-in-law. This absence shall be in addition to other leaves granted the employee. 14 Del.C. §1318(d).
D. Religious Holidays - No more than three (3) calendar days per year, to be counted in sick leave. 14 Del.C. §1318(e).
E. Personal Leave - The Delaware Code, Title 14, §1318(f) provides as follows:
An employee may be absent without loss of pay no more than 3 days per fiscal year for personal reasons of the employee. Such absences shall be included in the sick leave of the employee. Such absences must be approved by the Chief school officer.
Whenever operational needs warrant, the superintendent or his designee may place limitations on the utilization of personal days. Effective November 1, 1989, the following procedures will be adhered to:
A. Except in cases of documented emergencies, all personal absences require the prior written approval of the superintendent/designee; no after-the-fact requests will be honored.
B. Requests for the utilization of multiple days will not be approved without good and sufficient reasons, in the judgment of the administration.
C. Requests for personal leave immediately before or after a school holiday without good and sufficient reasons, in the judgment of the administration, will not be honored. Again, emergencies are accepted.
D. In cases wherein sick leave is extended by personal leave, the superintendent/designee may require a doctor's note.
(Adopted by the Board of Education on October 23, 1989)
A 10-month or 11-month employee who completes their required contract period may not elect to use accumulated leave for the short-term disability initial waiting period or to supplement the 75% short-term disability compensation if that waiting period takes place during a time to which the employee is not obligated to work per the contract.
For each day's absence for reasons other than those permitted under Title 14, §1318 there shall be a deduction of one days pay equal to the annual salary of the employee divided by the number of days employed as outlined in 14 Del.C. §1320.
Refer to Section 320 FAMILY AND MEDICAL LEAVE.
The New Castle County Vocational Technical School District shall pay one-half of the employee's local salary for approved full-year sabbatical leaves or one-fourth local salary for employees on one-semester sabbatical leaves. Employees on sabbatical leave must assume the cost of local benefits package during the period of the sabbatical. (Teacher Contract and Board action, July 1991)
Title 14, §1325 defines the conditions and provisions for granting sabbatical leave to certified professional employees in each local school district.
NOTE: Insofar as computation of salary is concerned, §1325(11) the leave-granting district shall provide to the employee granted leave, under the foregoing provisions, compensation equal to one-half (1/2) the salary to which the employee would have been entitled under full-time employment; provided, however, that in no case shall the compensation paid exceed $10,000 for a full school year leave or $5,000 for one-half (1/2) a school year. All budget acts since FY 1988 have contained a provision that each district may provide only one sabbatical leave per year. The State shall continue to pay the State share of Other Employment Costs as specified in Title 29 §6340, of the Delaware Code for the employee on sabbatical leave. (Attorney General Opinions, August 21, 1964 and August 28, 1964 §1325(11) amended by SB480, FY ‘89 Budget Act effective July 1, 1988)
The Epilogue of the Budget Bill for Fiscal Year 1993 limits the number of sabbatical leaves to one (1) per school district or two (2) 1/2 year leaves. Section 263 of the 1993 Budget act addresses how the funds are appropriated and disseminated:
Section 263 - It is the intent of the General Assembly that sabbatical leave authorized under Delaware Code, Title 14, §1325, at state expense, be limited to one full-year leave or two half year leaves per local school district during the fiscal year ending June 30, 1993. Nothing in this section, however, shall prevent a school district from granting additional sabbatical leaves if the district pays the salary and other employment costs for the employee who is on leave.
Military Leave (Revised 8/25/03)
Title 14, §1327(a) requires that leave of absence for military service be granted if a regularly appointed and employed principal, teacher or other employee of a school district is called to the service of or voluntarily enters the armed forces of the United States of America or the National Guard of this State when in continuous active service for a period not to exceed three years, or until the term of service to which he or she has been called is terminated, whichever comes first.
The person who may be appointed to replace the principal, teacher, or other employee shall be appointed only for the period covered by the leave of absence. §1327(d)
Any permanent and full-time employee who is a member of the National Guard or any reserve component of the Armed Forces of the United States who is called to either active duty, training camp, or to perform special duties shall receive leave with pay for a period not to exceed fifteen (15) days. Leave shall apply only if with the individual's unit. Military leave shall not be deducted from vacation or sick leave.
During a leave of absence resulting from an act of war, or other operations as designated by the United States Government, the employee shall continue to receive the employee's state compensation during the initial period of active duty prescribed by the military, to be reduced by any military compensation received. For purposes of this section, the state compensation shall be limited to the state share of the base salary as calculated from the appropriate salary schedule, administrative supplements and all other stipends. Military compensation shall include base salary, basic allowance for quarters (BAQ), basic allowance for subsistence (BAS), hazardous duty pay, and all other supplemental compensation by the ratio of state compensation to total compensation. Claims shall be filed with the State within 90 days of release from active duty.
An employee called to duty shall file a request for military leave with the superintendent of the school district at least two weeks prior to the leave, along with a copy of the official orders summoning the employee to military service. (State Board of Education regulation, August 21, 1969.)
NCCVTSD will provide COBRA-like coverage to employees on military leave. During military leave employees are permitted to continue health care coverage for a period of up to 18 months and will be required to pay the cost of premiums. If the military service lasts for 30 or fewer days, the district will pay the insurance premium at the same level prior to the leave. Employees wishing to continue coverage after 30 days will be required to pay 100% of the total premium for Health Insurance, Dental Insurance, Vision Insurance, Life Insurance, and Long-Term Disability Insurance.
Jury Duty
The school employee selected to serve on jury duty shall receive his or her regular pay for each day of service.
Title 10,Section 4514(a) states that a juror shall receive a per diem rate from the State which shall serve as a daily allowance for reimbursement of travel, parking, and other out-of-pocket expenses. Subsection (b) indicates that an employer shall not consider the reimbursement as pay.
NOTE: Excuse or exclusion from jury service:
The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror shall be excused or excluded from jury service.
Olympic Competition
Title 29, §5113 specifies the conditions under which leave will be granted to State employees for Olympic Competition.
Public Office (Revised 8/25/03)
Title 29, §5110 provides for leave of absence to be granted to State employees elected to any public office provided for by the Constitution of the State or the Delaware Code.
All employees elected to public office will account for their absences from District responsibilities. Time will be documented in writing and submitted to the appropriate supervisor for approval. All leave time will be approved by the supervisor and submitted monthly to the Superintendent for final approval. The Superintendent will then forward the information to the Payroll Department to be properly processed.
Twelve-month employees are permitted to use vacation leave, personal days, or may receive a salary deduction for the absences. All non-twelve-month employees will either use personal days or receive a salary deduction for the absence. The appropriate supervisor must approve all vacation and personal day absences.
Leave of Absence for Adoption
Title 29, §5116 provides that any employee who has been continuously employed on a full-time basis for at least one year at the time of application for leave is entitled to six weeks unpaid leave upon the adoption of a minor child. Neither vacation leave nor sick leave shall be accumulated during such leave of absence without pay.
307 EVALUATION OF PROFESSIONAL STAFF
All professional staff members will be evaluated as per the State Board of Education Policy effected September 1, 1990. The Superintendent or his designee will oversee development and implementation of appropriate evaluation procedures. Evaluation forms will include the following categories:
1. Instructional Planning and Planning/Preparation.
2. Organization and Management of Classroom/ and Organization/Management.
3. Instructional Strategies/Strategies and Techniques.
4. Teacher/Student Interaction and Specialist/Student/Staff Interaction.
5. Evaluation of Student Performance and Monitoring/Evaluating Performance.
6. Related Responsibilities.
308 EVALUATION OF CLERICAL STAFF
Each clerical employee will be evaluated by his/her supervisor twice during the first year of employment and once annually in subsequent years.
Each evaluation will be discussed in conference with the employee. The employee shall have the opportunity to respond to the contents of the evaluation, and such comments shall be appended to the evaluation and shall become part of the evaluation report.
If deemed advisable by the supervisor, additional evaluations may be performed, both for new and experienced personnel.
309-A RULES AND TERMINATION PROCEEDINGS FOR A NONTENURED TEACHER
Purpose and Application
This procedure controls the termination of a nontenured teacher at the end of a school year. A nontenured teacher terminated during the school year (i.e. the effective date of the termination is prior to the end of the school year) may be terminated for one or more of the reasons set forth in 14 Del. C. §1420, and must be provided the hearing prescribed by 14 Del. C. §1413.
Definition of Nontenured Teacher
"Nontenured teacher" is a teacher who has not completed 3 years of service in the State, or has not completed 2 years of service in the employ of the Board.
Reasons for Termination
The Board's goal is to hire and retain the best teachers it can find. In determining whether to terminate a nontenured teacher at the end of a school year, the Board is not limited to the reasons permitting the termination of a tenured teacher (i.e. immorality, misconduct, incompetence, disloyalty, neglect of duty, willful and persistent insubordination, decrease in enrollment, or decrease in educational services). The only statutory limitations on the Board's discretion are that the reasons be contained in:
(a) The teacher's performance appraisal, followed by an opportunity to correct any deficiency through an individualized improvement plan; or
(b) Documents properly placed in the teacher's personnel file prior to the notice of termination.
Notice
Notice of termination shall be provided to the teacher on or before May 15 of the year in which the termination is to take effect.
Request for Reasons
The nontenured teacher may request the reasons for the notice. Such a request must be in writing and received by the Superintendent within 7 days of the teacher's receipt of the notice of intention to terminate. The Superintendent shall respond to such a request by mailing written reasons, together with a copy of Chapter 14 of Title 14, within 5 days of receiving the request for reasons.
Conference with Superintendent
The nontenured teacher may request a conference with the Superintendent. Such a request must be in writing and received by the Superintendent within 7 days of the teacher's receipt of the reasons for the intention to terminate. The Superintendent shall provide a conference within 10 days of receiving the request. The conference with the Superintendent shall be final and conclusive.
309 RULES OF PROCEDURE FOR THE CONDUCT OF TERMINATION
PROCEEDINGS
I. Application of the Rules
The following rules apply only to tenured teachers whose employment is terminated for cause, including reductions in force, and nontenured teachers terminated for cause during the course of a school year. The following rules also apply to administrators or supervisors whose employment is terminated for cause prior to the expiration of their respective individual contracts. The following rules do not apply to nontenured teachers whose employment is terminated effective at the end of a school year, or to administrators or supervisors whose respective individual contracts are not renewed.
II. Notice of Termination
Notice of intention to terminate an employee's service shall be in writing and shall:
A. State the reason or reasons for the termination of services;
B. Be sent to the employee by registered mail addressed to the individual at his or her last known residence address as shown on the District payroll/personnel file;
C. Specify the address to which any written request for a hearing shall be sent by registered mail; and
D. Be accompanied by a copy of these Rules of Procedure and 14 Del.C., Chapter 14.
III. Request for a Hearing
A. Within ten days after receipt of the written notice of intention to terminate services, the notified employee may request in writing an opportunity to be heard. Such a request for a hearing must be received by the District within ten days after receipt of the written notice of intention to terminate services.
B. A date shall be set by the Executive Secretary of the Board (or one of his or her designees) for such hearing. The hearing shall be held within twenty-one days after the date of receipt of the written request for a hearing. The employee shall have at least fifteen days notice in writing of the time and place of such hearing. The notice shall be deemed to have been received on the third day following the day of mailing by registered mail.
C. In the event that an employee fails to request a hearing within the manner and time period provided, the notice of intention to terminate services shall constitute the final notice of termination.
D. The employee may specify whether or not he or she wishes the hearing to be public, by so stating in the written request for a hearing. In the absence of such a specification the hearing shall be private.
IV. Conduct of Hearings
A. The hearing of oral testimony and receipt of other evidence shall be conducted by a Hearing Officer designated by the Board. The Board shall not participate in the investigation of the charges forming a basis for the termination of the employee. Prior to sending the notice of intention to terminate, however, the Board shall review the recommendation of the school administration to terminate for the limited purpose of determining that the specified reasons for dismissal are not frivolous on their faces. The Hearing Officer may be an employee of the District, but he or she shall not have participated in the investigation of the charges forming a basis for the termination of the employees appearing before him or her.
B. The Hearing Officer shall have full authority to control the conduct of the hearing, including authority to admit or exclude evidence, and rule upon the motions and objections.
C. The hearing and testimony shall be limited to the reasons set forth in the Board's written notification of intention to terminate the employee's services.
D. The Parties may be represented by counsel.
E. The designee of the Superintendent of the District shall first submit any evidence, followed by the response of the employee, if any. Further rebuttal evidence by either party may be permitted, if the Hearing Officer believes such evidence is necessary.
F. The Hearing Officer in conducting the hearing shall not be bound by common-law or statutory rules of evidence or by technical or formal rules of procedure. The Hearing Officer may exclude plainly irrelevant evidence. Unduly repetitive proof, rebuttal and cross-examination may be excluded.
G. The testimony of witnesses shall be under oath. The witnesses shall be sworn by the Hearing Officer or the court stenographer.
H. The parties and their counsel may examine and cross-examine witnesses.
I. A stenographic record of the hearing shall be taken and prepared by a qualified court stenographer and paid for by the Board, and shall be supplied to the employee and the Board on the seventh day following the conclusion of the hearing. The transcript shall be supplied to the employee by making a copy of the transcript available to the employee at the District's office at 1417 Newport Road, Wilmington, Delaware (hereinafter referred to simply as "the District office") after 4:00 p.m. on the seventh day following the conclusion of the hearing. If the employee fails to appear at the District office to obtain a copy of the transcript by 4:00 p.m. on the eighth day following the conclusion of the hearing, or on the next regular business day if the eighth day is a holiday, a Saturday or a Sunday, the transcript shall be mailed to the employee by registered mail on the following business day. If a transcript has been mailed to an employee, the employee may inspect a copy of such transcript at the District office, but not retain such copy.
J. The employee and the Superintendent's designee may subpoena witnesses. Subpoenas shall be issued by the Executive Secretary of the Board upon request, and such subpoenas shall be directed to the sheriff of the county where the witness resides or is employed within the state, and upon service of such subpoena, the witness shall be compelled to appear. Any request for subpoenas must be received by the Executive Secretary at least ten days prior to the hearing to which the subpoena pertains. The Hearing Officer may revoke the subpoena upon petition of the Superintendent's designee, or the subpoenaed person, and determination by the Hearing Officer that the evidence sought does not relate to the matter to be heard or any matter in question in the proceeding, or that such subpoena does not describe with sufficient particularity the evidence whose production is required or that such subpoena seeks to compel the appearance of witnesses who would offer testimony which would merely be repetitive of other witnesses who will be produced.
K. Grounds for termination have not been established unless one or more of the reasons set forth in the Notice of Intention to Terminate Services is established by a preponderance of the evidence.
V. Hearing by the Board
A. Within five days from the conclusion of the hearing, the Hearing Officer shall prepare a written report (the "Report") for the Board. The Report shall state findings of fact, conclusions of law and a recommendation to the Board.
B. The Report shall be filed at the District's office no later than 4:00 p.m. on the fifth day following the conclusion of the hearing. A copy of the Report shall be available to the employee at the District office, commencing with the sixth day following the conclusion of the hearing. The employee shall be deemed to have received the Report on the sixth day following the conclusion of the hearing and shall have three days from the date of such receipt, including the day the employee receives the Report, within which to file a written response with the Board noting exceptions to the report and presenting any arguments he or she may have. If the employee has not picked up a copy of the Report by 4:00 p.m. on the sixth day following the day of the hearing, a copy of the Report shall be sent by registered mail to the employee, but the three days within which to file a written response shall nevertheless begin to run on the sixth day following the hearing. The written response must be filed at the District office.
C. The employee may have a greater period of time to file a written response, provided that the employee submits a written request for an extension of time within three days of the receipt of the Report. In no event shall an extension of time greater than five days be granted.
D. A written request for an extension of time shall automatically waive the requirement that the Board render a decision within fifteen days of the conclusion of the hearing.
E. A quorum of the members of the Board shall convene to review the record of proceedings before the Hearing Officer, the Report and the written response, if any, by the employee.
F. Except as is otherwise provided herein, within fifteen days of the conclusion of the hearing before the Hearing Officer the Board shall submit to the employee in writing a decision. The decision shall be submitted to the employee by making a copy of the decision available at the District office on the fifteenth day following the conclusion of the hearing and by sending a copy of the decision by registered mail to the employee. Every decision shall be based solely upon the testimony and exhibits in the record. In the event the employee submits a written response to the Hearing Officer's Report, the Board shall be required to render a decision and order within fifteen days of the receipt of the teacher's written response to the Hearing Officer's Report.
VI. Consolidation of Hearings
A. In the case of terminations due to a reduction in the number of teachers required as a result of decreased enrollment and/or a decrease in educational services, the Board may consolidate the evidentiary hearings of two or more employees.
B. If one or more of the teachers terminated due to a reduction in force requests a public hearing, the Board may consolidate the evidentiary hearing of all teachers who requested a public hearing.
C. Except for a public hearing, the general public and all unnecessary persons shall be excluded from the consolidated hearing.
D. Consolidated hearings shall be conducted in accordance with paragraph IV of the "Rules of Procedure for the Conduct of Termination Proceedings for Teachers."
VII. Calculations of Time
In calculating periods of time provided for in the Rules of Procedure, intervening Saturdays, Sundays and legal holidays shall be included, unless the final day of the period falls on either a Saturday, Sunday or legal holiday and in that case the final day shall be the next day which is not a Saturday, Sunday or legal holiday.
310 METHOD OF CALCULATING UNUSED SICK LEAVE FOR
RETIREMENT (LOCAL FUNDS)
The method of calculating unused sick leave for employees retiring from the New Castle County Vocational Technical School District and the State of Delaware. The formula calls for the District to follow the same per diem rate of pay from local funds for sick leave accumulated only during employment with the New Castle County Vocational Technical School District, less the number of days used for sick leave during such employment. The employee retiring presently receives 50% of the State portion of unused sick leave not to exceed 90 days.
Therefore, the following calculations should be made to determine sick leave pay for retirement purposes:
_______________________________ _____________________________
Employee Date of requested totals
A. Number of sick leave days transferred into District _________________
B. Number of sick leave days accumulated with District _________________
C. Number of sick leave days used while employed in District _________________
STATE CALCULATIONS:
A + B - C = ______ X 50% of State per diem rate _________________
(not to exceed 90 days)
LOCAL CALCULATIONS:
B - C = ______ X 50% of Local per diem rate _________________
(not to exceed 90 days)
TOTAL SICK LEAVE PAY DUE _________________
311 STUDENT CONDUCT AND DISCIPLINE
It is the policy of the New Castle County Vocational Technical School District Board of Education to establish a Student Code of Conduct to be annually reviewed and published under the Title of Student/Parent Handbook. The purpose of the Student/Parent Handbook is to inform students, parents/guardians, and staff of the rights, responsibilities, and disciplinary consequences for students in the New Castle County Vocational Technical School District. The Student/Parent Handbook will also include general information such as school calendar, telephone guide, school closing, Wellness Center, and guidance services.
CORPORAL PUNISHMENT POLICY
The New Castle County Vocational Technical School Board directs that the use of corporal punishment by teachers, administrators, or other staff members be strictly prohibited. Such punishment shall not be used at any time under any circumstance.
312 VOLUNTEER COACHES
The Board of Education authorizes a certain number of paid coaches for each sport. In some sports it may be beneficial to have volunteer coaches. These individuals, as authorized by the Board of Education, must meet the following qualifications:
A. Volunteer Coaches - District Employees
1. Must be interviewed by the Assistant Principal in charge of Athletics and/or the Building Athletic Director, prior to commencing coaching duties.
2. Must be approved sequentially, by the Head Coach, Building Athletic Director, Assistant Principal in charge of Athletics, and Building Principal.
3. Appropriate references must be obtained and reviewed which is an ongoing process for all salaried personnel.
4. Name will be submitted to the District Office for Superintendent and Board approval.
B. Volunteer Coaches - Non-District Employees
1. Required to have a Criminal Background Check initiated prior to the start of coaching duties. Fee will be reimbursed by the school after a positive determination of suitability has been made.
2. Must be interviewed by the Assistant Principal in charge of Athletics and/or the Building Athletic Director, prior to commencing coaching duties.
3. Must be approved sequentially, by the Head Coach, Building Athletic Director, Assistant Principal in charge of Athletics, and Building Principal.
4. Appropriate references must be obtained and reviewed which is an ongoing process for all salaried personnel.
5. Name will be submitted to the District Office for Superintendent and Board approval.
313 APPOINTMENT PROCEDURE FOR EXTRACURRICULAR POSITIONS
The appointment or reappointment of extracurricular positions including coaches shall be made by the principal in accordance with the provisions of article 16 of the Board/Association Agreement. Extracurricular positions including coaches will continue in their assignments unless notified by the principal according to the following schedule:
Fall and Year Long – by June 1
Winter – by October 1
Spring – by January 15
Reappointment Procedure for Extracurricular Personnel:
1. Job performance discussed with appropriate administrator and/or athletic director.
2. Recommendation for reappointment submitted to principal or supervising administrator according to established timelines.
3. Recommendation for reappointment submitted by principal to the Director of Personnel for Board approval.
In the event of a non-renewal recommendation, the appropriate administrator will notify the individual(s) in accordance with the provisions of article 16.
314 SPECIAL EDUCATION TEAM LEADER
A Team Leader of Special Education will be employed at each high school. Compensation for the position is defined in the Board/Association Agreement. The teaching load assigned to the Team Leader is based on the following formula.
Number of classified special education students in the school per the September 30th unit count:
Students Teaching Minutes
0 - 100 180
101 - 220 90
221 - + 0
315 COMPLAINTS
The Board has the responsibility to formulate policies and procedures to ensure educational programs of quality for the benefit of students and the community. Parents, students and teachers have an interest in the application of these policies and procedures. Since occasional disagreements may arise concerning the application and/or interpretation of District policies or procedures, the Board has directed the Superintendent to develop a procedure for handling written complaints.
The complaint procedure so developed shall be used only for the resolution of complaints emanating from employees who are not covered by a negotiated agreement. Complaints from employees who are members of bargaining groups shall be resolved through the Grievance Procedure contained in their respective bargaining agreements. Complaints from students shall be resolved in accordance with the procedures outlined in the Student Code of Conduct.
Complaint Resolution Procedure
A. "Definitions"
1. A "complaint" means a disagreement between an employee and the employer concerning any aspect of the employment relationship.
2. "Days" means employee working days, except that when a complaint is submitted between May 1 and June 30, "days" means calendar days.
3. "Immediate Supervisor" means the building principal/division director except where the person immediately responsible for the employee's work performance is a different person in the supervisory chain of command (e.g., an assistant principal).
B. To be considered, a complaint must be brought to the attention of the employee's immediate supervisor within five (5) days of the date when the employee knew or should reasonably have known of the occurrence of the act, which is the subject of the complaint.
C. To be considered beyond the informal discussion level with the immediate supervisor, a complaint must be reduced to writing and submitted on a form provided by the District.
D. Representation
The employee may, after the informal attempt to resolve the complaint has failed, choose to be represented during the complaint process by such representative as the employee wishes. The employee may also choose to proceed without representation. The employee's choice to be represented or not to be represented at one level does not prohibit a different choice at a subsequent level.
E. Level I
1. If the attempt to resolve the complaint is unsuccessful, then the employee shall complete the Level I Request Form within five (5) days of the informal discussion and submit the form to his or her immediate supervisor. Within five days of receipt of the Level I Grievance form, the supervisor shall conduct a meeting with the employee during which time the employee shall have the opportunity to express his or her viewpoint of the incident and suggest a resolution. The supervisor shall make a written response to the request within five days of the conclusion of the meeting.
F. Level II (Personnel Director)
1. If the immediate supervisor's response at Level One is not acceptable to the employee, the employee may, no later than five (5) days after receipt of the immediate supervisor's decision appeal the matter to the Personnel Director. The appeal shall set forth in writing the reasons for employee's continued dissatisfaction.
2. The Personnel Director or the Personnel Director's designee shall meet with the employee within five (5) days after receipt of the appeal. The Personnel Director or the Personnel Director's designee shall respond in writing to the employee within five (5) days of the conclusion of the Level Two meeting.
G. Level III (Superintendent)
1. If the response at Level Two is not acceptable to the employee, the employee may, not later than five (5) days after receipt of the written decision at Level Two appeal the matter to the Superintendent. The appeal shall set forth in writing the reasons for the employee's continued dissatisfaction.
2. The Superintendent or the Superintendent's designee shall meet with the employee within five (5) days after receiving the appeal.
3. The Superintendent or the Superintendent's designee shall review the decision rendered at each of the previous levels.
4. Within five (5) days the Superintendent or the Superintendent's designee shall render a written decision, apprising the complainant, the Level I administrator, and the Level II administrator of the resolution of the complaint.
5. The Superintendent or the Superintendent's designee may render a decision to sustain, modify, or overturn the Level II decision.
6. The decision rendered by the Superintendent or the Superintendent's designee shall be final and binding.
7. The Superintendent shall apprise the Board of Education of the disposition of the Level III Complaint at the next meeting of the Board of Education.
If any portion of this complaint procedure is in conflict with state or federal statues, then the State or Federal statute shall prevail.
316 EMPLOYEE DRUG-FREE AND ALCOHOL-FREE WORKPLACE POLICY
The New Castle County Vocational Technical School District Board of Education believes that alcohol, illegal drugs, or unlawful use of controlled substances have no place in the work environment.
Furthermore, Congress passed the Drug-Free Workplace Act of 1988, requiring the certification of federal grantees of a drug-free workplace; and the New Castle County Vocational Technical School District supports that Act.
For these reasons, the New Castle County Vocational Technical School District adopts the following regulations on drug-free workplace requirements for its employees:
A. The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the New Castle County Vocational Technical School District in all places where its employees work, including all state-owned vehicles, and in carrying out any federal grant activity. A controlled substance is one which appears in Schedules I through V of Section 202 of the Controlled Substances Act (21 U.S.C.812). As a condition of employment, each employee shall abide by this prohibition and shall notify the New Castle County Vocational Technical School District if he/she is convicted under any criminal drug statute for a violation occurring in the workplace as provided by paragraph B below.
Violation of such prohibition shall result in personnel action against the employee, as set out in the attached schedule, which shall include action up to and including termination, and/or satisfactory participation in an approved drug abuse assistance or rehabilitation program. New Castle County Vocational Technical School District has no obligation to pay for such a program, but the cost of the program may be covered by an employee's health insurance policy.
All violations of the above policy shall be reported to the District Superintendent or, in his or her absence, to the Assistant Superintendent or designee, who shall report the violation to the appropriate policy authority and to the State Personnel Office. Personnel action shall be taken in all cases of a chargeable offense under 16 Del.C., Chapter 47 or comparable federal law; however, a conviction of the charged offense shall not be necessary to take personnel action against the employee for a violation of the policy. The employee against whom such a personnel action is taken shall be entitled to due process pursuant to 29 Del.C., Chapter 101 and the rules and regulations of the New Castle County Vocational Technical School District.
B. All employees shall notify the New Castle County Vocational-Technical School District in writing of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. Failure of the employee to make such a notification shall lead to discipline in keeping with the attached schedule. Within ten days of receiving notice of any employee convicted as described above, the New Castle County Vocational Technical School District shall notify the federal agencies providing grants to and through the New Castle County Vocational Technical School District.
C. Within thirty days of receiving notice of any employee convicted as described in section B, the New Castle County Vocational Technical School District will:
1. Take appropriate personnel action against such an employee, up to and including termination; or
2. Require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency.
Such action may be taken by the New Castle County Vocational Technical School District prior to conviction.
D. The New Castle County Vocational Technical School District shall give each employee a copy of the statement set out in the sections A, B and C, above, and sections H 1 and H 2 and post it prominently throughout the areas where employees work. Each employee shall sign duplicate copies of the statement; one copy shall be placed in the employee's personnel file, and the other shall be placed in a compliance file for purposes of audit.
E. The New Castle County Vocational Technical School District will establish and implement a program to inform employees about:
1. The dangers of substance abuse in the workplace;
2. The New Castle County Vocational Technical School District's policy of maintaining a drug-free and alcohol-free workplace;
3. Any available substance abuse counseling, rehabilitation, and employee assistance programs; and
4. The penalties that may be imposed upon employees for substance abuse violations occurring in the workplace.
F. The New Castle County Vocational Technical School District shall make a good faith effort to continue to maintain a drug-free and alcohol-free workplace through the implementation of this policy, and ensuring that all new employees are informed of the policy through the measures set out in section D and E.
G. The New Castle County Vocational Technical School District employees who violate this policy shall be penalized in accordance with the following schedule. The aggravating and mitigating circumstances of each case should be considered in determining the penalty appropriate for the violation.
VIOLATION MINIMUM TO MAXIMUM PENALTIES
1. Unlawful possession, use, con- From three days suspension
sumption of a controlled sub- without pay and/or parti-
stance or counterfeit controlled cipation in substance abuse
substance, in an amount that is program up to and including
typical of immediate personal use. termination.
VIOLATION MINIMUM TO MAXIMUM PENALTIES
2. Unlawful possession or use of a From three days suspension
hypodermic syringe or of drug without pay and/or
paraphernalia participation in drug abuse pro-
gram up to and including
termination.
3. Unlawful possession of a From one month suspension
controlled substance or a without pay and mandatory
counterfeit controlled participation in drug abuse
substance, in an amount program up to and including
that is greater than that termination.
which is typical of immediate
personal use.
4. Unlawful delivery or distri- From one month suspension
bution of a hypodermic syringe. without pay and mandatory
participation in drug abuse
program up to and including
termination.
5. Unlawful delivery, distribu- From one month suspension
tion or manufacture of drug without pay and mandatory
paraphernalia participation in drug abuse
program up to and including
termination.
6. Unlawful delivery or distribu- From one month suspension
tion of a controlled substance, without pay and mandatory
of a counterfeit controlled sub- participation in drug abuse
stance or of a noncontrolled program up to and including
substance under the represen- termination.
tation that the substance is a
narcotic or nonnarcotic con-
trolled substance in an amount
that is typical of immediate
personal use.
VIOLATION MINIMUM TO MAXIMUM PENALTIES
7. Unlawful delivery or distri- From three month suspension
bution of a controlled substance, without pay and mandatory
of a counterfeit controlled sub- participation in drug abuse pro-
stance or of a non-controlled gram up to and including
substance under the represen- termination.
tation that the substance is a
narcotic or nonnarcotic controlled
substance, in an amount that is
greater than that which is
typical of immediate personal use.
8. Unlawful delivery or distribu- Termination.
tion to a minor of a hypoder-
mic syringe, of drug parapher-
nalia, or of any amount of a
controlled substance, a counterfeit
controlled substance, or a non-
controlled substance under the
representation that the substance
is a narcotic or non-narcotic
controlled substance.
9. Trafficking, as defined in 16 Del.C. Termination.
Section 4753A or in comparable
federal law.
10. Failure to report conviction Termination.
pursuant to section B of the
policy.
H. The employees of the New Castle County Vocational Technical School District shall adhere to the following with respect to alcohol:
1. The unlawful possession, use or distribution of alcohol on school premises or at school activities is prohibited.
2. An employee's being intoxicated or being under the influence of alcohol while on the business of the New Castle County Vocational Technical School District or on any state or federal grant activity, or the unlawful possession or sale of alcohol on state property or in a state-owned vehicle may be considered just cause of an employee to be subject to disciplinary action up to and including those penalties set out in the paragraph G 1 above.
3. Information on alcohol shall be included in the New Castle County Vocational Technical School District's program of information as set out in the paragraph E above.
4. Each employee shall be given a copy of this Amendment in accordance with paragraphs D and F above.
NOTE: The above policy should be read in conjunction with 16 Del.C. Ch. 47, and the definitions contained therein and with comparable federal law.
Adopted by the New Castle County Vocational Technical School District Board of Education on February 26, 1990.
________________________________________________________________________
I hereby acknowledge that I have been given a copy of the Drug Free Workplace Policy Statement, including the schedule of violations and penalties, and (have read/have been read) the same.
________________________________________________________________________
Signature of Witness Signature of Employee Date
317 TOBACCO USE POLICY FOR NCCVT EMPLOYEES
In order to comply with Section 2903 of Title XVI of the Delaware Code and with Regulation 877 (listed below) of the Delaware Department of Education, the following policy has been developed:
Regulation 877
1.0 In order to improve the health of students and school personnel, each school district and charter school in Delaware shall have a policy which at a minimum:
1.1 Prohibits the use of or distribution of tobacco products in school buildings, on school grounds, in school-leased or owned vehicles, and at all school affiliated functions.
1.2 Includes procedures for communicating the policy to students, school staff, parents/guardians/caregivers, families, visitors and the community at large.
1.3 Makes provisions for or refers individuals to voluntary cessation education and support programs that address the physical and social issues associated with nicotine addiction.
2.0 The tobacco policy shall apply to:
2.1 Any building, property or vehicle leased, owned or operated by a school district, charter school or assigned contractor.
2.1.1 School bus operators under contract shall be considered staff for the purpose of this policy.
2.2 Any private building or other property including automobiles or other vehicles used for school activities when students and staff are present.
2.3 Any non-educational groups utilizing school buildings or other educational assets.
2.4 Any individual or a volunteer who supervises students off school grounds.
3.0 No school or school district property may be used for the advertising of any tobacco product.
Policy
1. Definitions
a. District property: For the purpose of this policy, District property shall mean all buildings, grounds, vehicles, or equipment owned or leased by or to the District.
b. District affiliated function: For the purpose of this policy, District affiliated function shall mean any activity sponsored by the District, a school, or school sponsored club or organization regardless of whether the activity occurs on District property, private property or other location. District affiliated functions would include, but are not limited to, field trips, sports events, dances, club or organizational meetings where students are present.
c. Tobacco products: For the purpose of this policy, tobacco products shall include any item or object that contains tobacco including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, or smokeless tobacco.
2. Distribution or Use of Tobacco Products
The distribution or use of tobacco products is prohibited in or on District property or at any District affiliated function.
3. Applicability
This policy shall apply to:
a. Any building, property or vehicle leased, owned or operated by the District, including buildings or property leased to or operated by outside agencies, individuals or groups.
b. Any private building or other property including automobiles or other vehicles used for school activities when students and/or staff are present.
c. Any groups utilizing school buildings or other property through a lease or approved Facilities Use Agreement.
d. Any individual or group using school District property in any manner for personal use or enjoyment.
e. Personal vehicles while on school grounds.
Under no circumstances shall District property be used for advertising any tobacco product(s).
4. Consequences for Violation
a. A violation must be observed by the employee's supervisor or an administrator and must be documented by time/place/date with signature of supervisor or administrator and employee.
b. Policy will be enforced using a two-year cycle that is individual and starts on the date of the first violation.
c. A voluntary cessation presentation will be held prior to implementation of the District Tobacco Policy and enforcement of consequences. Employees are encouraged to participate in smoking cessation programs as necessary.
d. Violation Consequences
1st violation - verbal warning (documented)
2nd violation - written warning and conference
3rd violation - written reprimand
4th violation - suspension without pay 1 day
5th violation - suspension without pay 2 days
6th violation - suspension without pay 3 days
7th violation - written notification of continual insubordination and
possible termination
318 REEMPLOYMENT FOLLOWING DISABILITY PENSION
Within one year of the commencement date of a disability pension, an employee may request to be considered for reemployment if physically or mentally able to return to work. The request to return to employment shall be made by the employee to the district personnel office by certified mail and shall include a letter from a treating physician stating the employee is capable of returning to perform all duties required for the position.
Reemployment will be considered if a vacancy exists in the classification and position in which the staff member was previously employed at the time of disability. The employee must be qualified for the position; for professional staff members, qualified shall mean Standard Certification held at the time of the request to return to employment. The District may request a second opinion from another physician selected by the District to corroborate that the employee is fully capable of returning.
An employee, at his/her option, may request to extend reemployment consideration for one additional year by notifying the personnel office by certified mail prior to the end of the first year on disability pension.
Refusal of an employee to accept a position within six (6) business days of the postmarked date on the certified notice and/or to report to work within ten (10) calendar days of that acceptance, or at such time as determined by the Administration, shall relieve the Board of any further obligation to offer reemployment.
319 TUITION REIMBURSEMENT
The District encourages employees to further their education by offering tuition reimbursement. The District shall reimburse all personnel for course completion commensurate with the tuition cost for one and one-half three-credit graduate courses at the University of Delaware for Delaware residents for required course work needed for teacher certification, course work related to the employee's content area, or for course work needed by the vocational staff to obtain a Bachelors Degree. Such reimbursement shall be under prescribed requirements and with the prior approval of the District. Additional tuition reimbursement from State funds may also be provided in accordance with State rules and regulations. Tuition reimbursement is available to all personnel.
Whereas state reimbursement is available only to district administrators and instructors, the District will assume reimbursement costs for all fulltime secretaries, instructional aides, paraprofessionals, custodians, and cafeteria employees for tuition reimbursement not to exceed the in-state resident rate for one and one-half three credit graduate courses at the University of Delaware. The District will reimburse administrators for tuition not to exceed the total amount of state and local reimbursement to which teachers are entitled.
Coursework must be relevant to the employee's position and requires completion of the approval application form.
320 FAMILY AND MEDICAL LEAVE
On February 5, 1993, President Clinton signed the Family and Medical Leave Act ("FMLA") into law. The New Castle County Vocational Technical School District Board of Education adopts the following policy in order to assure the New Castle County Vocational Technical School District's ("the District") compliance with the FMLA.
I. EFFECTIVE DATE
A. For all employees not covered by a collective bargaining agreement, the effective date is August 5, 1993.
B. For all employees covered by a collective bargaining agreement on August 5, 1993, the effective date is February 5, 1994.
II. ELIGIBILITY FOR LEAVE
A. The FMLA applies to all employees who:
1. Have worked at least 1,250 hours during the preceding twelve (12) month period; AND
2. Have been employed by the District for at least a twelve-month period.
B. EXCEPTION: The District may deny an employee job restoration if:
1. The employee is among the highest paid 10% of the District's employees;
2. Denial of job restoration is necessary to prevent substantial and grievous economic injury to the operations of the District; AND
3. The District must notify the employee of the intent to deny him or her job restoration at the time the employee first requests leave.
III. REASONS FOR WHICH A LEAVE MAY BE GRANTED UNDER THE FMLA
A. The following four reasons are grounds for requesting a leave under the FMLA:
1. The birth of an employee's child and care of the newborn child.
2. The placing of a child with the employee for adoption or foster care.
a. NOTE: The entitlement for child care ends after the child reaches age one (1) or twelve (12) months after the adoption or placement of the child.
3. In order to care for a child, spouse or parent of an employee who has a serious health condition,
4. Because the employee has a serious health condition which makes the employee unable to perform the functions of his or her position.
B. "Serious Health Condition" means an illness, injury, impairment or physical or mental condition that involves:
1. Inpatient care in a hospital, hospice or residential medical care facility; OR
2. Continuing treatment by a health care provider.
a. "Continuing treatment" means that the employee or family member is treated two or more times by a doctor, or at least once by a doctor which results in the regiment of supervised treatment, or is suffering from a long term or chronic condition which cannot be cured (such as Alzheimer's or terminal cancer).
b. "Health care provider," in addition to doctors of medicine and osteopathy, include dentists, clinical psychologists, nurse practitioners, and chiropractors authorized to practice within the state of Delaware.
1) Chiropractors are only health care providers where they are giving treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-rays to exist.
3. NOTE: The FMLA was not intended to cover minor illnesses and injuries which are more properly covered under the District's sick leave policy. In addition, cosmetic and elective surgery (such as treatments for acne or orthodontia) are not covered unless inpatient hospital care is required. Prenatal care is considered a serious health condition, although routine preventative physical examinations are not covered under the FMLA.
C. "Parent" does not include parents-in-law.
D. "Spouses" includes only those recognized as married by the State of Delaware. Thus, spouses of common law and same sex marriages would not qualify for leave.
E. If a husband and wife are both employed by the District, they are limited to a single twelve (12) week period of leave for the birth, adoption or placement of a child. For other types of leave, however, each spouse is treated separately.
F. In instances in which an employee is requesting leave to care for a child, spouse or parent of an employee who has a serious health condition, or because the employee has a serious health condition, the District may require the employee to support his or her request with a certification by a doctor.
1. The District must give written notice to the employee that medical certification is required in a particular case, but subsequent requests for medical certification in that case can be made verbally.
2. The employee must provide a copy of the certification to the District within fifteen (15) calendar days of the District's request for the information. All certifications must be addressed to the District Superintendent or Assistant Superintendent.
3. The certification must contain the following information:
a. The date the serious health condition began/
b. The probable duration of the condition;
c. The appropriate medical facts regarding the condition;
d. If the leave is based upon the care of a spouse, child or parent, a statement that the employee is needed to provide the care and an estimate of the amount of time that need will continue;
e. If the leave is based on the employee's own serious health condition, a statement that the employee is unable to perform the functions of his or her job; AND
f. In the case of intermittent leave or leave on a reduced schedule for planned medical treatment, the dates the treatment is expected to be given and the duration of the treatment.
4. The District has the option, at its expense, to require the employee to obtain a second opinion. The District may designate the doctor, although the doctor cannot be an employee of the District.
5. If the two opinions conflict, the District and the employee jointly designate a third doctor, whose decision will be final. The District also bears the expense of this procedure.
6. The District may also require an employee to provide later recertifications on a reasonable basis.
7. An employee on FMLA leave must report to the District by the 15th of each month on his or her status and the employee's intent to return to work.
8. Where a state or local law or a collective bargaining agreement requires a public health official to examine an employee as a condition for returning to work, the employee must fulfill that requirement in order to return to work.
IV. LEAVE WHICH MAY BE GRANTED
A. A total of up to twelve (12) weeks of unpaid leave may be granted per year.
1. The leave may be taken in one consecutive time period, or it may be taken intermittently or on a reduced leave schedule.
2. The twelve (12) weeks does not run under a calendar year cycle. Rather, the year runs from the first day on which the employee requests leave under the FMLA.
a. EXAMPLE: An employee properly requests nine (9) weeks of leave upon the birth of her child. The leave begins on October 1, 1993. Until October 1, 1994, the employee only has three (3) weeks of leave under the FMLA.
B. "Reduced Leave Schedule" means a leave schedule that reduces the usual number of hours per workweek or hours per workday of an employee.
1. An intermittent leave or leave on a reduced schedule is not available to employees if the leave is because of the birth or adoption of a son or daughter.
2. If an intermittent leave or leave on a reduced schedule is requested to care for a child, spouse or parent of an employee who has a serious health condition, or because the employee has a serious health condition which makes the employee unable to perform the functions of his or her position, the District may require the employee to transfer temporarily to an available alternative position, provided that:
a. The requested intermittent leave or leave on a reduced schedule is foreseeable because it is based on planned medical treatment;
b. The employee is qualified for the alternative position;
c. The alternative position has equivalent pay and benefits; AND
d. The alternative position better accommodates recurring periods of leave than the regular employment position of the employee.
3. The determination of how an employee is to be restored to an equivalent position will be made based upon established school board practices and policies and collective bargaining agreements.
a. Any policies or agreements which are the basis of the employee's restoration rights upon return from leave must be in writing and be known to the employee prior to the taking of the FMLA leave.
V. RIGHTS OF AN EMPLOYEE
A. The employee has the following rights under the FMLA:
1. The District is required to maintain health care coverage for the duration of the employee's leave at the level and under the conditions coverage would have been provided if the employee had continued in employment for the duration of the leave.
a. Thus, if the employee was required to contribute a certain amount to his or her health care coverage, then the employee must continue to do so while on leave.
b. The District may recover the cost of any premiums for health care coverage which it paid if the employee fails to return from work after his or her leave has expired for any reason other than:
1) The continuation, recurrence or onset of a serious health condition which would entitle an employee to leave, or
2) Other circumstances beyond the control of the employee.
2. Upon returning from leave the District must restore the employee to the position held by the employee when the leave commenced, OR restore the employee to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.
a. If the employee would have been laid off or otherwise terminated during the leave, however, then the District is not required to restore the employee to his or her position. The employee only has the same rights that he or she would have had if the employee had been working during the leave period.
3. The taking of leave shall not result in the employee losing any employment benefit accrued prior to the date on which the leave commenced, such as seniority or pension benefits.
B. The employee is not entitled to accrue any benefits, including seniority benefits, which would have occurred during a leave of absence.
C. The employee is not entitled to unemployment compensation benefits while on leave.
VI. RESPONSIBILITIES OF AN EMPLOYEE
A. If the basis for the leave is foreseeable based upon the expected birth or placement of a child, then the employee must:
1. Notify the District in writing at least thirty (30) days before the leave is to begin that the employee intends to take leave.
2. If the date of the child's birth or placement requires the leave to begin in less than 30 days, the employee shall provide such notice as is practical.
B. If the basis for the leave is foreseeable based upon the planned medical treatment, then the employee must:
1. Make a reasonable effort to schedule treatment so as not to disrupt unduly the operations of the District (subject to the approval of the health care provider); AND
2. Notify the District in writing at least thirty (30) days before the leave is to begin that the employee intends to take leave, unless the date of the treatment requires the leave to begin in less than 30 days, in which case the employee shall provide such notice as is practical.
C. For purposes of leave under the FMLA, all notifications to the District must be in writing and addressed to the District Superintendent or Assistant Superintendent.
VII. EFFECT OF THE DISTRICT'S EXISTING LEAVE BENEFITS
A. The District may require the employee, or the employee may elect, to substitute any type of personal leave, sick leave, vacation time, or other type of leave for some or all of the twelve (12) week period provided under the FMLA.
B. Illness and temporary disabilities associated with pregnancy shall be treated as any other illness and shall be subject to the provisions of Delaware Code, Title 14, Section 1318. In addition Title 14, Section 1333 of the Delaware Code provides for paid leave for birth of a child or adoption of a child, for child care purposes, a full-time or part-time employee shall be entitled to utilize accumulated sick leave upon the birth of a child of the employee or the employee's spouse, or upon the adoption by the employee of a pre-kindergarten age child.
C. Prior to the expected delivery of a child, absence with pay will be recognized in accordance with Title 14, §1318, §1319, and §1320, as these sections may be applicable.
D. Beginning with the day on which the child is born to an employee, that employee may continue to be absent from employment and remain on the payroll to the extent of earned entitlement under §1318 for each working day the employee is determined to be medically unable to return to work. Medical documentation will be required for absence in excess of 5 workdays.
E. In the event an employee chooses to utilize accumulated leave for any reason during the 12-week period covered by FMLA, all personal leave, sick leave, vacation time, or other type of leave will be charged concurrently with the FMLA period.
VIII. RETURN FROM LEAVE
Generally, an employee may return from leave whenever the employee wishes or is able to return. If the basis for the employee's leave was the employee's own serious health condition, the District requires the employee to obtain certification from the employee's doctor that the employee is able to resume work.
IX. SPECIAL RULES FOR TEACHERS
A. Section 108 of the FMLA applies to employees employed principally in an instructional capacity by the District.
1. Section 108 applies to teachers, athletic coaches, driving instructors, and special education assistants such as signers for the hearing impaired (collectively referred to as "teacher" for this section of the outline).
2. Section 108 does NOT apply to bus drivers, cafeteria workers, maintenance and custodial staff, administrative staff, secretaries, school nurses, curriculum specialists, teaching aids or assistants, counselors or psychologists.
B. Limitations on a teacher taking intermittent leave or leave on a reduced schedule:
1. Where a teacher requests intermittent leave or leave on a reduced schedule which is foreseeable based upon planned medical treatment, AND the teacher would be on leave for more than twenty percent (20%) of the total number of working days over the period the leave would extend, the District requires the teacher to take leave for a period of particular duration, not greater than the duration of the planned treatment
C. Limitations on a teacher taking leave at or near the end of a term:
1. Because of the importance of end of school terms, special rules have been developed. For purposes of Section 108, "term" is defined as the end of a semester, normally near the end of the calendar year and the end of the school year. A district may not have more than two academic terms per year for purposes of the FMLA.
2. Where a requested leave begins more than five (5) weeks before the end of a term, the District may require the teacher to continue taking leave until the end of a term if:
a. The leave will last at least three (3) weeks; AND
b. The employee would return to work during the three (3) week period before the end of the term.
3. Where a requested leave for purposes other than the teacher's own serious health condition begins during the five (5) week period before the end of a term, the District may require the teacher to continue taking leave until the end of a term if:
a. The leave will last more than two (2) weeks; AND
b. The employee would return to work during the two (2) week period before the end of the term.
4. Where a requested leave for purposes other than the teacher's own serious health condition begins during the three (3) week period before the end of a term, the District may require the teacher to continue taking leave until the end of a term if:
a. The leave will last more than five (5) working days.
5. If a teacher chooses or is required to take leave for a particular duration where the teacher requested intermittent leave or leave on a reduced schedule, or where the teacher is required to continue taking leave until the end of a term, the entire period of leave taken will count as FMLA leave.
a. Where a teacher is required to take leave until the end of an academic term, and the teacher's leave entitlement under the FMLA ends before the involuntary period is completed, the District is required to maintain health benefits and must restore the employee and provide other FMLA entitlements when the period of leave ends.
Any questions regarding the FMLA or this policy should be addressed to the District Superintendent or Assistant Superintendent.
321 PERFORMANCE PAY FOR ADMINISTRATIVE PERSONNEL
Each year administrators will be eligible for incentive awards for meeting or exceeding school and District level performance measures and Footprints of Progress.
Performance measure results will be collected annually by September 30 to determine the incentive award for the previous school year. Incentive awards will be processed in the November pay cycle after all performance data has been analyzed. Performance measures will be based on two levels: Standard of Acceptance (SOA) and Standard of Excellence (SOE). Performance measure criteria will be established by the superintendent based on a review of relevant data and benchmarked with other Delaware school districts. All District administrators will be eligible for performance incentive awards; as such, performance pay will not be considered part of the base for determining administrative salaries the following year.
Performance Measures SOA SOE Evaluation Date
Student Attendance* $250 $350 June
Enrollment Retention $250 $350 September
Market Share $250 $350 August
Parent Satisfaction** $250 $350 April
or
Graduate Follow-up $250 $350 April
* District averages for student attendance will be used for those administrators who are not assigned to a high school.
** Parent Satisfaction and Graduate Follow-up Survey results will be analyzed for performance pay purposes on an alternating year basis.
All administrative personnel will be eligible to submit a Footprint of Progress Proposal to the superintendent as specified by District guidelines. The purpose of the Footprint is to challenge administration to exceed expectations in the development or improvement of programs, services, or operations that benefit school district faculty and students.
Administrative Footprint of Progress results will be evaluated annually by the Superintendent for incentive awards up to $1200. Footprint awards will be in addition to the other performance pay compensation.
322 ADMINISTRATIVE CONTRACT FORMULA
The district Board of Education provides administrative contracts contingent upon successful evaluations as per the following schedule:
YEARS OF DISTRICT
ADMINISTRATIVE LENGTH OF *FORMAL
EMPLOYMENT CONTRACT EVALUATION (S)
1st Year 1 year proba- NOV., JUNE
tionary status
2nd Year 1 year contract JUNE
3rd Year 2 year contract JUNE
4th Year 2 year contract JUNE
5th Year 3 year contract JUNE
maximum
* Administrative Evaluations will be an ongoing process
All new administrators hired by the school district shall be appointed for a probationary period of one year and will be evaluated in November and June. If the administrator receives a satisfactory evaluation, he/she will be provided with a one-year contract the next year. Satisfactory evaluations during the ensuing years will provide contract renewal (Length of Contract) as outlined above.
A collaborative effort will be made to develop an improvement plan when administrative performance in any category has been appraised as Needs Improvement or Unsatisfactory.
An unsatisfactory evaluation constitutes probationary status and provides that the employee is not eligible for a contract extension or salary increment during that period.
The State Board of Education Policy for Appraising School Level Administrators will be used as a guide in the district administrative evaluation process.
ADMINISTRATIVE EVALUATION PROCEDURES
The Administrative Evaluation is designed to help each individual improve his/her management techniques. The evaluation procedure follows:
1. The final evaluation will be submitted to the evaluatee for signature after the evaluation conference.
2. A second-level conference may be scheduled between the evaluatee, the evaluator, and the evaluator's superior.
3. Evaluations should focus on those areas of previous evaluations that indicated need for improvement.
4. Individual performance objectives prepared and approved for the current year should be attached to the evaluation instrument for review and discussion.
5. Although an Unsatisfactory may be recorded at any time in the evaluation process, the second time a rating of Needs Improvement is recorded in the same performance category in two successive evaluations, the rating shall be recorded as Unsatisfactory.
6. In cases where more than one rating of Unsatisfactory performance is recorded on the same administrative evaluation report, such evaluation report will be considered as Unsatisfactory, overall, and the employee shall be placed on probationary status as related to the District Administrative Contract Formula.
SALARY SCHEDULE PROCEDURES
• The Base shall be adjusted annually and will equal the highest experience level on the Masters degree plus 30 graduate credits on both the state and local district teacher schedule. The base will be multiplied by the Level A index for each classification and the columns of B, C, D, and E will be adjusted in increments of .025. The Director of Business will update and present the new schedule to the Board of Education at the July meeting.
• All administrators will be placed at the entry level (Level A) of their new position classifications. However, administrators who move from one position classification to a different position classification with a higher index will not take a decrease in salary in the entry levels of the new classifications. The administrators will be placed on the next highest salary level above their present salaries. There a Principal on Level E would be placed on Level D of the Director scale.
323 PERFORMANCE PAY PLAN FOR CLERICAL/SECRETARIAL, AIDES, PARA-PROFESSIONALS AND FULL-TIME CAFETERIA PERSONNEL
Each year clerical/secretarial, aides, para-professionals, and full-time cafeteria personnel will be eligible for incentive awards for meeting or exceeding building and District level performance measures.
Performance measures will be collected annually by September 30th to determine the incentive award for the previous school year with the exception of Efficiency Suggestions that are awarded after implementation. Performance measure criteria will be established by the superintendent based on a review of relevant data and benchmarked with other Delaware school districts. Incentive awards will be processed in the November pay cycle after all performance data has been analyzed.
Performance pay will not be considered part of the base for determining salaries for the following year.
Performance Measures Standards Eval. Date
Staff Attendance 0-2 days absent - $300.00 June 30
3-4 days absent - $150.00
Application Share 24% and higher of NCC 8th August 31
grade public school student
applications - $150.00
*Graduate Follow-Up or Overall satisfaction rating April 30
Parent Satisfaction Survey on survey of 3.85 or higher
(5.0 scale) and/or expectations
met on survey 80% indicating
"as expected" or "better than
expected" -$150.00
Efficiency Suggestions Implemented in more than As Approved
one area - $75.00 After
Implemented in one area - Implementation
$50.00
*Surveys will alternate each year.
324 DONATED SICK LEAVE
Pursuant to Chapter 13, Title 14, Del.C., A District donated leave program has been established to assist employees who have used all sick leave, personal leave and at least half of annual leave, if applicable, as a result of catastrophic illness or injury.
The provisions of Section 1318A, Title 14, Del.C. are as follows:
• One or more employees may transfer accrued sick leave days to one or more other employees of the same district who have requested and qualify for donated leave time.
• The Program shall not prohibit participation by employees based on inclusion or exclusion from a certified bargaining unit.
• The donation must be in increments of whole days. For every two days donated, one is made available for the recipient.
• Donated days shall be made available only for recipients within the school district for a catastrophic illness of a recipient or of a member of a recipient's family. For this section, "catastrophic illness" shall mean any illness or injury to an employee or to a member of an employee's family which is diagnosed by a physician and certified by the physician as rendering the employee or a member of the employee's family unable to work, or, in the case of a family member who does not work, the medical equivalent of "unable to work", to work for a period greater than 5 calendar weeks. Separate periods of disability lasting 7 consecutive work days or more each, and totaling more than 5 calendar weeks, resulting from the same or a related medical condition and occurring within any 12-month consecutive period, shall be considered the same period of disability. For this section, "family member" or "member of an employee's family" means an employee's spouse, son, daughter or parent who resides with the employee and who requires the personal attendance of the employee during the family member's catastrophic illness. Donated leave may be used by the recipient for subsequent absence because of personal medical treatments or personal illness directly related to the employee's "catastrophic illness" as certified by the physician. This provision is limited to an absence that occurs because of an employee's "catastrophic illness" not a family member's "catastrophic illness."
• The donated leave must be converted into the cash value at the donor's rate of pay and be used at the recipient's rate of pay.
• The recipient must be an employee of the school district for at least six months to use donated leave.
• The recipient must have used all sick days and personal days and 1/2 of vacation leave, if they receive vacation leave.
• Medical justification for the recipient's leave must be renewed every thirty days.
• No person shall sell any accrued leave.
• An individual cannot make a donation within six months of a planned retirement.
• The State liability is limited to paying the State share of salary, benefits, and Other Employment Costs.
• Any recipient of this program is subject to a one work year cap with the number of days specified in 1318(g). However, the period of disability, as defined herein, shall be limited to the waiting or elimination period as defined in the Long Term Disability Policy.
• For purposes of this policy, the birth of a child is not considered a
catastrophic illness or injury and is not eligible for Donated Leave.
The Personnel Director will review applications for requests for the use of donated leave to assure that all appropriate forms have been received, procedures have been followed, and that the need exists to award donated leave.
Those requesting the use of donated leave will receive timely notice as to whether or not the donated leave request has been approved and will be notified as to the number of days that have been donated for their benefit; or, if denied, that the application may be resubmitted after 30 calendar days for reconsideration.
The decision of the Personnel Director may be appealed to the Superintendent or his designee whose decision will be final.
325 PERFORMANCE PAY PLAN FOR CUSTODIAL/MAINTENANCE PERSONNEL
Each year custodial and maintenance personnel will be eligible for incentive awards for meeting or exceeding building and District level performance measures.
Performance measures will be collected annually by September 30th to determine the incentive award for the previous school year. Performance measure criteria will be established by the superintendent based on a review of relevant data and benchmarked with other Delaware school districts. Incentive awards will be processed in the November pay cycle after all performance data has been analyzed.
Performance pay will not be considered part of the base for determining salaries for the following year.
Performance Measures Standards Eval. Date
Staff Attendance 0-2 days absent - $300.00 June 30
3-4 days absent - $150.00
Application Share 24% or greater of NCC 8th August 31
grade public school
applicants - $150.00
*Graduate Follow-Up or Overall satisfaction rating March 31
Parent Satisfaction Survey on survey of 3.85 or higher
(5.0 scale) and/or expectations
met on survey 80% indicating
"as expected" or "better than
expected" -$150.00
Building Safety Record No lost work time due to June 30
injuries at the building level -
$100.00 per person.
Specialist based on
individual safety record,
(not building) - $100.00
*Surveys will alternate each year.
326 CLERICAL EMPLOYEES/VACATION (TEN-MONTH)
Refer to Board Policy 306: Leaves and Absences.
327 SEXUAL HARASSMENT OF AND BY EMPLOYEES
It is the New Castle County Vocational Technical School District's (NCCVTSD) policy to ensure the safety of all staff and students and to foster respect and human dignity in the educational setting. Sexual harassment not only impairs the health, well-being, productivity, and safety of our students, but is also against the law. Further, the District endorses the right of all employees and students to work at/attend a school that is free of discrimination.
The NCCVTSD recognizes that sexual harassment is a form of sex discrimination/victimization and that faculty, staff, and students should be protected from it.
In accordance with Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendment of 1972, the NCCVTSD endorses the following:
1. Establishment of strong policies defining and prohibiting sexual harassment.
2. Development of educational programs designed to help people recognize, understand, prevent, combat, and eliminate sexual harassment.
3. Development and publication of a grievance procedure that encourages the reporting incidents of sexual harassment, resolving of complaints promptly, and protection of the right of all parties.
Definitions
The following definitions shall apply to the policy:
• The "educational setting" is defined to encompass "any and all office settings, classroom/career settings, faculty/staff, students, parents/guardians of students, visitors, and related school sponsored activities.
• The implementing regulations of Title VII defines "sexual harassment" as follows:
Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made explicitly or implicitly a term of condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.
Title IX of the Education Amendments prohibits sex discrimination including sexual harassment in schools receiving federal funds. This includes all school-sponsored activities, including athletics, field trips, extracurricular programs and bus transportation. It also prohibits sexual harassment even where the harasser and the person being harassed are the same sex.
Further, Title IX defines two types of sexual harassment: 1) "quid pro quo" and 2)"hostile environment":
"Quid pro quo" sexual harassment is ideal under Title IX and occurs when an employee or non-employee, explicitly or implicitly conditions participation by another employee, student, or non-employee to submit to unwelcome sexual conduct in work-related or school-sponsored activities in exchange for promotions, preferential treatment, educational decisions (such as teaching assignments) and/or allocation of funds or resources.
"Hostile environment " sexual harassment involves (1) conduct of a sexual nature that is (2) sufficiently "severe, persistent, or pervasive" and (3) "unwelcome". A hostile environment can be created by a school employee, a student, or a school visitor-either a student or an adult.&nbs