Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Creating a Position
Number:	4110
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

The Board reserves the right in its discretion and upon the recommendation of the Superintendent to create new positions, specify the number of employees in each category, fix the initial salary for new positions and determine the duties of any such position in order to meet the needs of a changing school population, implement newly designed courses and activities for the pupils of the district and to administer the district in a thorough and efficient manner.
(511)


Reference: 18A:16-1, 28-1


Date Adopted: April 19, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Recruitment, Selection and Hiring
Number:	4111
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

The Board of Education believes that the quality of the professional staff in large part determines the quality of the education offered district pupils. Therefore, the Chief School Administrator shall have the responsibility of locating and recruiting the best-qualified candidates to provide for the identified needs of district pupils.

Provisional teaching candidates shall be given equal consideration with all other candidates for teaching positions. The Chief School Administrator shall follow all requirements of the administrative code in providing the necessary training program for all teachers hired with provisional certificates.

All teachers hired by the Board for programs in the district supported with Title I, part A funds shall be highly qualified, as defined by federal law. All teachers of core academic subjects (English, reading/language arts, mathematics, science, foreign languages, civics/government, economics, arts, history and government) hired by the Board shall be highly qualified.

It shall be the duty of the Chief School Administrator to see that persons nominated for employment shall meet all qualifications established by state or federal law, including the completion of a criminal history check, proof of citizenship or eligible alien status, and certification for the type of position for which nomination is made.

The Chief School Administrator shall take steps to verify the academic credentials of any potential candidate for employment, and ensure any degrees cited, academic coursework or credits completed, or titles claimed by an individual have been granted by an accredited institution of higher education. For Chief School Administrator candidates, the Board shall take similar steps. This includes, but is not limited to, ensuring the candidate supplies official transcripts to verify that credentials are from an accredited institution. The Board secretary shall have responsibility for ensuring the documents are received, verifying credentials, and reporting to the Board on the process. Documents shall not be accepted from non-accredited institutions or any fraudulent source.

The Board shall not pay tuition reimbursement, salary increases, or approve promotions for any employee based on credits earned from a non-accredited institution. If a current employee is found to have obtained employment, tuition reimbursement or increased salary based on documents or credentials obtained from a non-accredited institution, the Board will take appropriate action, up to and including the possible discharge of the individual and/or obtaining a refund of the tuition reimbursement or increased salary.

The Chief School Administrator shall recommend for employment those individuals who, in his/her opinion, are best qualified to fill the vacancy without regard to race, creed, color, national origin, ancestry, age, sex, affectional or sexual orientation, marital status, domestic partnership status, familial status, liability for service in the Armed Forces of the United States, atypical hereditary cellular or blood trait of any individual, disability or because of genetic information or refusal to submit to or make available the results of a genetic test, or other conditions not related to the duties and responsibilities of the job.

The Chief School Administrator shall prepare and maintain job descriptions that define the duties, responsibilities and qualifications required for each position. The Board shall adopt those job descriptions required by law or code and others as appropriate.

The Chief School Administrator in determining the candidates to be nominated shall seek information whenever possible from the candidate's prior employers.

The Board shall affirm employment and initial placement on the salary guide by a recorded roll call majority vote of the full membership of the Board.

The Board shall appoint all staff members only from nominations made by the Chief School Administrator. Should a nominee be rejected, it shall be the duty of the Chief School Administrator to make other nominations.


Legal References:

N.J.S.A. 10:5-1 et seq. Law Against Discrimination
N.J.S.A. 18A:3-15.1 et seq. Fraudulently issued, obtained, forged or altered degree or certification; use in connection with business or occupation
N.J.S.A. 18A:6-5 Inquiry as to religion and religious tests prohibited
N.J.S.A. 18A:6-6 No sex discrimination
N.J.S.A. 18A:6-7.1, -7.5 Criminal history record; employee in regular contact with pupils; grounds for disqualification from employment; exception
N.J.S.A. 18A:6-76.1 Deadline for notification to students of requirements of provisional certificate and induction program ...
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:13-40 General powers and duties of Board of newly created regional districts
N.J.S.A. 18A:16-1 Officers and employees in general
N.J.S.A. 18A:26-1, 1.1, -2 Citizenship of teachers, etc. ...
N.J.S.A. 18A:27-1 et seq. Employment and Contracts

See particularly:

N.J.S.A. 18A:27-4.1
N.J.S.A. 18A:54-20 Powers of Board (county vocational schools)
N.J.S.A. 26:8A-1 et seq. Domestic Partnership Act
N.J.A.C. 6A:7-1.1 et seq. Managing for Equality and Equity in Education

See particularly:

N.J.A.C. 6A:7-1.4,-1.8
N.J.A.C. 6A:9-6.1 et seq. Types of Certificates
N.J.A.C. 6A:9-8.1 et seq. Requirements for Instructional Certification
N.J.A.C. 6A:9-11.1 et seq. Exceptions for the Requirements for the Instructional Certificate
N.J.A.C. 6A:9-12.1 et seq. Requirements for Administrative Certification
N.J.A.C. 6A:10A-1.1et seq. Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts

See particularly:

N.J.A.C. 6A:10A-2.1 through -2.4, -5.4
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-4.1 Employment of teaching staff
N.J.A.C. 6A:32-4.8 Support residencies for regularly certified, inexperienced first year principals
N.J.A.C. 6A:32-5.1 Standards for determining seniority
42 U.S.C.A. 2000e et seq. - Title VII of the Civil Rights Act of 1964 as amended by the Equal Employment Opportunities Act of 1972
29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973
8 U.S.C.A. 1100 et seq. - Immigration Reform and Control Act of 1986
42 U.S.C.A. 12101 et seq. - Americans with Disabilities Act (ADA)
No Child Left Behind Act of 2001, Pub. L. 107-110 20 U.S.C.A. 6301 et seq.
Old Bridge Education Association v. Old Bridge Township Bd. of Ed., 1986 S.L.D. 1917
Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996)
Manual for the Evaluation of Local School Districts
The Comprehensive Equity Plan, New Jersey, Department of Education


First Reading: October 23, 2008
Adopted: November 20, 2008

Policy 4111.1
Affirmative Action/Sexual Harassment

The Brick Township Board of Education guarantees to all persons equal access to all categories and conditions of employment, retention, and advancement, regardless of race, color, creed, religion, affectional or sexual orientation, sex, ancestry, national origin, or socioeconomic status.

An Affirmative action program shall be a part of every aspect employment including but not limited to: upgrading, demotion or transfer, recruitment, layoff or termination, rates of pay or other forms of compensation, promotion, or tenure.

Administrators and supervisors will make it clear to all staff that sexual harassment is prohibited in the work place or educational setting.  Specifically, no supervisory personnel shall threaten or insinuate, directly or indirectly, that an employee’s refusal to submit to sexual advances will adversely affect the employee’s continued employment, evaluation, compensation, assignment, or advancement.  No supervisory personnel shall promise or suggest, directly or indirectly, that an employee’s submission to sexual advances will result in improvement in any term or condition of employment of an employee.

Sexually harassing conduct in the work place committed by non-supervisory personnel is also prohibited.  Sexual harassment is a form of misconduct that undermines the integrity of the employment relationship.  No employee, either male or female, should be subjected to unsolicited and un-welcomed sexual overtures or conduct, wither verbal or physical.  No employee should be subjected to a hostile or offensive work environment created by sexual harassment.

Sexual harassment does not refer to occasional compliments of a socially acceptable nature.  It refers to behavior that is not welcome, that is personally offensive, that lowers morale and that, therefore, interferes with out work effectiveness.

Each supervisor has a responsibility to maintain a workplace free of sexual harassment.  This duty includes discussing this policy with all employees and assuring them that they are not to endue insulting, degrading or exploitive sexual treatment.

It shall be a violation of the Policy for any employee to harass another employee through conduct or communications of a sexual nature or because of that employee’s gender.  It shall also be a violation of the Policy for any supervisor who is aware that sexual harassment is taking place and to fail to promptly report the matter to the Affirmative Action Officer.

                                                                                                                                                                                                          

DEFINITION OF SEXUAL HARRASSMENT

A.         Sexual harassment shall consist of unwelcomed sexual advances, requests for sexual favors, and other inappropriate verbal or physical conduct of a sexual nature made by any employee when:

• Submission to sexual harassment is made either explicitly or implicitly a term or condition of an individual’s employment;
• Submission to or rejection of sexual harassment by an individual is used as the basis for employment decisions affecting that individual; or
• Sexual harassment has the purpose or effect of unreasonable interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

B.        Sexual harassment may include, but is not limited to, the following:

• Unwelcome sexual advances, such as offensive sexual flirtations, repeated requests for dates or love letters after rejection of overtures
• Discussing sexual activities
• Pressure or coercion for sexual activity
• Repeated remarks to a person, with sexual or demeaning implications
• Unwelcomed intentional touching, such as patting, pinching or brushing against another’s body
• Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s evaluation, raise, promotion, etc.
• Display of nude or pornographic pictures, lewd or vulgar cartoons, etc.
• Practical jokes about gender-specific traits

C.           Sexual harassment may also consist of intimidating, abusive or hostile behavior of a nonsexual nature toward an employee because of his/her gender.  Verbal abuse and hostility that is not sexual in character but is directed solely at females because they are female or males because hey are male, for example, is likewise a violation of this Policy on the same level as harassment of a sexual nature.

D.           Sexual harassment can also take the form of offensive conduct by non-employees, such as vendors, outside contractors, etc. against employees in the workplace.

                                                                        

The affirmative Action Officer for the district will receive all complaints and carry out a thorough investigation of same and report his/her findings to the Superintendent of Schools.

Findings of discrimination in the form of sexual harassment will result in appropriate disciplinary action.

LEGAL REFERENCES:                  N.J.S.A.          10:5

                                                            N.J.S.A.          18A:6-5

                                                            N.J.S.A.          18A:6-6

                                                            N.J.S.A.          18A:26-1.1

                                                            N.J.S.A.          18A:29-2

                                                            N.J.S.A.          6:8-4.3

                                                            N.J.A.C.         6A:7

Date Adopted:

Date Revised:           August 11, 1988, May 20, 2004

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Employment Contract
Number:	4112.1
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

In accordance with law and for the mutual protection of the district and the employee, every teaching staff member who has not achieved tenure shall be required annually to sign an employment contract.

Each employment contract shall include:

a. the term for which employment is contracted, including beginning and ending dates
b. the kind and grade of certificate held by the employee and the date upon which the certified will expire, if any
c. the salary at which the person is employed
d. the intervals at which salary will be paid
e. a provision for termination of contract on notice duly given by its parties of 60 days
f. such other matters as may be necessary to a full and complete understanding of the contract.

Reference: 18A:27-4 et seq

Date Adopted: April 19, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Certification
Number:	4112.2
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

The certification of teachers and other personnel in the public schools of New Jersey is a protective measure for the children, the community, and the staff members themselves. All personnel hired shall have proper certification as required by the State Board of Education. The Chief School Administrator will take appropriate steps to avoid employment of teachers with revoked or suspended certificates.

Validity of certification must be verified with the county office.

The Chief School Administrator must receive valid evidence of proper certification or qualifications to pursue the alternative route to certification before presenting a candidate to the Board.

Provisionally Certified Teachers

The Board of Education encourages the employment of provisionally certified teachers for service in their first and second years of employment. The building principal, or other appropriately certified administrator, shall observe and evaluate all provisionally certified teachers in the first year of employment in conformance with the schedule described in the administrative code.

Mentoring Novice Teachers

In order to enhance student achievement of the Core Curriculum Content Standards by enhancing the skills of inexperienced teachers, identifying exemplary teaching skills and practices necessary for excellent teaching, and assisting novice teachers in adjusting to the challenges of teaching, the Board shall ensure the development of a mentoring plan for all novice teachers employed in the District.

The plan shall provide each novice teacher with in-person contact with a mentor teacher (who may be a retired teacher or administrator) who shall provide confidential support and guidance to the novice teacher. The plan shall be developed by the Professional Development Committee, approved by the Board, and aligned with the professional standards for teachers as set forth in administrative code. Included in the plan shall be criteria for selection and training of mentor teachers. Implementation of the district mentor plan shall be in compliance with the administrative code.

The Board shall annually submit a report with required data to the State Department of Education on the effectiveness of the local mentoring plan. State funds appropriated for the novice teacher mentoring program shall be applied in accordance with law and code.

Special Education

All personnel serving students with disabilities shall be appropriately certified and licensed, where a license is required.

Legal References:

N.J.S.A. 18A:6-38 Powers and duties of the board; issuance and revocation of certificate; rules and regulations
N.J.S.A. 18A:6-39 Issuance of certificates to non-citizens
N.J.S.A. 18A:6-76.1 Deadlines for notification to students of requirements of provisional certificate and induction program; submission of induction program plan to school districts and Department of Education; coordination of mentor training program
N.J.S.A. 18A:26-1, -2,-8.1,-9 Citizenship of teachers, etc.
N.J.S.A. 18A:26-2.1 et al. Supervisory certificate required for appointment as director of athletics
N.J.S.A. 18A:27-2 Employment without certificate prohibited
N.J.S.A. 18A:29-1 Uncertified teacher denied salary
N.J.S.A. 18A:40A-4 Preservice training of future teachers; teaching certificate requirements

See particularly:
N.J.A.C. 6A:9-3.3, 6A:9-8.4
N.J.A.C. 6A:10A-2.2 Preschool programs
N.J.A.C. 6A:14-1.1 et seq. Special Education
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-4.1(d) Employment of teaching staff
N.J.A.C. 6A:32-12.1et seq. Reporting requirements
Old Bridge Education Association v. Old Bridge Township Bd. of Ed., 1986 S.L.D. 1917
Manual for the Evaluation of Local School Districts




First Reading: October 23, 2008
Adopted: November 20, 2008

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Creating a Position
Number:	4112.41
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

All candidates for positions in this district shall be required to undergo a physical examination to certify their fitness to discharge efficiently the duties for which they are being considered. All employees shall undergo in accordance with law, the State-prescribed Mantoux test for tuberculosis.

The Board may, in accordance with its policy, also require a physical or mental examination of any staff member at any time, whenever in the judgement of the Board the employee shows evidence of deviation from normal physical or mental health. Any such examination shall be conducted by a physician designated by the Board. The cost of said examination shall be paid for by the district.

(516)
Revised

Reference: 18A:16-2 et seq; 34:11-24.1; NJAC 6:29-4.2

Date Adopted: April 19, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Personnel Files
Number:	4112.6
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

It is necessary for the orderly operation of the school district to prepare a file for the retention of all papers bearing upon an employee’s duties and responsibilities to the district and the district’s responsibilities to the employee.

The Board requires that sufficient records exist to insure an employee’s qualifications for the job held, compliance with federal, state and local benefit programs, conformance with district rules and evidence of completed evaluations.

The Superintendent shall be responsible for seeing that a “personnel file” is kept for each certificated employee.

All personnel information concerning district employees is confidential unless otherwise designated by law, and is to be reviewed on a need-to-know basis only, under conditions which guarantee protection to the management of the district of the right to access to information necessary to make judgments as required, and protection of the employees of the district against unnecessary invasion of privacy.

The employee shall have access to his/her file upon request. Personnel wishing to review their own records shall:

a. Request access in writing
b. Review the record in the presence of the administrator designated to maintain said records, or designee
c. Make no alterations, or additions to the record nor any material there from
d. Sign a log attached to the file indicating date and person reviewing.

Date Adopted: April 19, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Nepotism
Number:	4112.8
Status:	Active
Legal:
Adopted:	11/20/2008
Last Revised:	11/20/2008
Last Reviewed:

The Board of Education, in order to avoid both the reality and the appearance of conflict of interest in employment, will not appoint a relative of a Board member or of the Superintendent to any employment position in this District, and directs that no relative of a Board member or Chief School Administrator shall be placed in nomination for any vacant position. Nor shall any person be considered for employment in any position in which he/she would come under the direct or indirect supervision of any member of his/her family. The Superintendent shall not recommend to the Board any relative of a Board member or of the Superintendent. Further, no school district administrator shall supervise, or exercise authority on personnel actions regarding a relative of the administrator.

As an exception to this policy, persons who are employees of the Board on the date that this policy becomes effective, or the date a relative becomes a Board member, or administrator, shall not be prohibited from continuing to be employed in the person’s current position or, in the case of a reduction in force, in any position to which that person has a legal entitlement. The District may seek approval from the Executive County Superintendent to promote such existing employee where the promotion is justified by the needs of the District to ensure implementation of the Core Curriculum Content Standards, and upon a demonstration that the existing employee is the most qualified candidate for the position after full advertising and interviewing has occurred.

When a Board member or school administrator’s spouse, child, parent, or sibling is a member of the bargaining unit, that Board member or school administrator shall not discuss the proposed collective bargaining agreement with that unit, nor participate in any way in negotiations including, but not limited to, being a member of the negotiating team. Nor shall that Board member or school administrator be present with the Board in closed session when negotiation strategies are being discussed. However, a school administrator may provide technical information that is necessary to the collective bargaining process when no one else can provide that information.

When a member of a Board member’s or school administrator’s immediate family is a member of the same statewide union with which the board is negotiating, that Board member or school administrator shall not participate in any way in negotiations. This includes, but is not limited to, being a member of the negotiating team, prior to the Board’s attaining a tentative memorandum of agreement with the bargaining unit, including salary guides and/or the total package of money to be offered. Once such tentative memorandum of agreement is established, the Board member or school administrator may fully participate in the process, including Board member voting,

absent other conflicts. Prior to that time, the board member or school administrator
shall not be present with the Board in closed session when negotiation strategies are being discussed. However, a school administrator may provide technical information that is necessary to the collective bargaining process when no one else can provide that information.

For the purpose of this policy, “relative” shall be defined as an individual’s spouse, civil union partner, domestic partner, or the parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half-brother or half-sister, of the individual or of the individual’s spouse, civil union partner or domestic partner, whether the relative is related to the individual or the individual’s spouse, civil union partner or domestic partner, by blood, marriage or adoption.

“Immediate family” shall be defined as Board member or school administrator, their spouse, civil union partner, domestic partner, or dependant child living in the household, whether related by blood, marriage or adoption.

A school official who has such relationship with any employee of the District as of the effective date of this policy shall declare such relationship immediately.

Legal References:

N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:12-2 Inconsistent interests or office prohibited
N.J.S.A. 18A:12-21 et seq. School Ethics Act
N.J.S.A. 18A:16-1 Officers and employees in general
N.J.S.A. 18A:27-4.1 Appointment, transfer, removal or renewal of officers and employees; exceptions
N.J.A.C. 6A:4-1.1 et seq. Appealable decisions
N.J.A.C. 6A:23A-1.2 et seq. Fiscal accountability; definitions
N.J.A.C. 6A:23A-6.2 et seq. Fiscal accountability; nepotism
N.J.A.C. 6A:28-1.1 et seq. School Ethics Commission
In the Matter of the Election of Dorothy Bayless to the Board of Education of the
Lawrence Township School District, 1974 S.L.D. 603, reversing 1974 S.L.D. 595
Shirley Smiecinski v. Board of Education of the Township of Hanover, Morris County, 1975 S.L.D. 478
Scola v. Ringwood Bd. of Ed., 1978 S.L.D. 413
Salerno v. Old Bridge Board of Ed., 1984 S.L.D. (April 28)
Larsen v. Woodbridge Board of Ed., 1985 S.L.D. (March 18)
Scannella v. Scudillo, School Ethics Decision, Complaint No. C-14-93, (February 3, 1994)
In the Matter of Frank Pannucci, 2000 S.L.D. March 1, State Board Rev’g
Commissioner 97 NJAR 2d (EDU) 339
School Ethics Commission, Advisory Opinion, A01-93
School Ethics Commission, Advisory Opinion, A10-93
School Ethics Commission, Advisory Opinion, A021-93
School Ethics Commission, Advisory Opinion, A07-94
School Ethics Commission, Advisory Opinion, A33-95
School Ethics Commission, Advisory Opinion, A14-00


First Reading: October 23, 2008
Adopted: November 20, 2008

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Assignment: Transfer
Number:	4114
Status:	Active
Legal:
Adopted:	11/20/2008
Last Revised:	11/20/2008
Last Reviewed:

The Superintendent shall make certified staff assignments in the manner best calculated, in his/her judgment, to enhance the educational program.

Teaching, supervisory, administrative and support personnel are subject to assignment and transfer after recommendation of the Superintendent and approval by the Board of Education. Procedures for such transfers shall comply with provisions of current negotiated agreements and state and federal law. Disciplinary transfers are prohibited. Particular attention shall be paid to ensuring to the extent possible that there shall be equivalence of teachers and administrative staff among the schools. Discrimination in assignment, transfer and promotion shall not be tolerated (see 4111 and 4111.1).

Legal References:

N.J.S.A. 18A:25-1 Transfer of teaching staff members
N.J.S.A. 18A:27-4 Power of boards of education to make rules governing employment of teacher, etc.; employment thereunder
N.J.S.A. 18A:27-4.1 Appointment, transfer, removal, or renewal of officers and employees; exceptions
N.J.S.A. 18A:59-1 through -3 Apportionment and distribution of federal funds;
N.J.S.A. 34:13A-1 et seq. New Jersey Employer-Employee Relations Act

See particularly:
N.J.S.A. 34:13A-23, -25, -27, -29
N.J.A.C. 6A:7-1.1 et seq. Managing for Equality and Equity in Education
N.J.A.C. 6A:30-1.1 et seq. Evaluation of the Performance of School Districts
N.J.A.C. 6A:32-14.1 Review of mandated programs and services
42 U.S.C.A. 2000d - 2000d4 - Title VI of the Civil Rights Act of 1964
20 U.S.C.A. 1681 - Title IX of the Education Amendments of 1972
29 U.S.C.A. 794 et seq. - Section 504 of the Rehabilitation Act of 1973
20 U.S.C.A. 1401 et seq. - Individuals with Disabilities Education Act
Hawkins-Stafford Elementary and Secondary School Improvement Amendments of 1988 (P.L. 100-297)
34 CFR 200.1 to 200.89 - Part 200
34 CFR Part 204
Ridgefield Park Education Association v. Ridgefield Park Board of Education, 78 N.J. 144 (1978)
Manual for the Evaluation of Local School Districts
The Comprehensive Equity Plan, New Jersey State Department of Education

First Reading: October 23, 2008
Adopted: November 20, 2008

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Evaluation of Nontenured Teaching Staff Members
Number:	4115
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

The Board recognizes the importance of implementing a program for the evaluation of nontenured teaching staff members in accordance with state law and for the purpose of identifying and correcting deficiencies, improving professional competence, establishing a means for determining reemployment, and improving the quality of instruction received by the pupils of this district.

The evaluation of nontenured teaching staff members shall consist of the following components:

a. The observation of each such employee in the performance of assigned duties by an appropriate supervisor at least three times annually, but once each semester in accordance with district rules

b. The written evaluation of both the employee’s performance during observation and the employee’s total performance as an employee of this district

c. An opportunity for the employee to record a timely disclaimer to the evaluation.

Supervisors shall make an effort to assist nontenured teaching staff members in the remediation of deficiencies disclosed by observation and evaluation and may conduct additional observations and evaluations of employees as needed.

(523, 524)
(Pre 1979)
Revised

Reference: 18A:27-3.1 et seq, 27-10 et seq; NJAC 6:3-1.19

Date Adopted: April 19, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Teacher Evaluations Procedures
Number:	4115R
Status:	Active
Legal:
Adopted:	04/19/1983
Last Revised:	04/19/1983
Last Reviewed:

1. Observation:

The observation of non-tenured teaching staff members shall be conducted by a member of the administrative and/or supervisory staff who holds an appropriate certificate for the supervision of instruction and has been appointed by the Superintendent to observe and evaluate such teaching staff members.

a. Classroom instructors shall be observed in the performance of their duties by a visitation to the classroom which shall not be less than one class period (secondary school) or for the duration of one complete lesson (elementary school). There shall be no fewer than three such observations annually with not less than one each semester. In the case of first-year non-tenured teaching staff members a minimum of three observations shall be conducted prior to April 1.

b. In the case of the teaching staff member who is not regularly assigned to classroom instruction, the evaluator shall confer with the employee at the beginning of each three month period, the first of such periods commencing at the beginning of the school year. They shall determine those general duties in the performance of which the employee shall be observed. The evaluator shall record each separate instance of observation and the activity observed.

A non-tenured teaching staff member employed less than a full school year may be observed proportionately fewer times.

2. Evaluation:

a. A written evaluation of each non-tenured teaching staff member in the performance of his/her duties shall be prepared within 15 days of each classroom observation or before the end of each three month period during which a teaching staff member not regularly assigned to class has been evaluated.

b. In addition to the evaluation following each observation or period of observation, the evaluator shall prepare at least one written evaluation annually of each non-tenured teaching staff member’s total performance (Summary Evaluation) as an employee in the school district. The annual Summary Evaluation shall be completed prior to April 1.

3. Conference:

a. No later than 15 days after the observation of each classroom instructor and no later than the end of each observation period for non-classroom instructors, the teaching staff member and the evaluating supervisor(s) shall hold a conference to discuss the evaluation reports prepared in accordance with the above.

b. In the case of both the observation evaluation and the Summary Evaluation, a copy of the written report shall be provided, when possible, to the teacher at least one day prior to the conference to discuss it.

c. The supervisor(s) and teaching staff member shall sign the evaluation report and retain a copy of it.

d. If the teaching staff member wishes, she/he may submit a written disclaimer of such evaluation. It shall be appended to the evaluation report provided it is received not more than 10 days after the conference.

Reference: Policy No. 4115

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Retirement
Number:	4117.1
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

It shall be the policy of the Board to retire teachers in accordance with the Retirement Policy of the Teachers’ Pension and Annuity Fund. Therefore, a teacher shall retire within school year in which she/he attains the age f seventy (70) years.

Any teacher who attains his/her seventieth (70^th) birthday before July 1 will be retired as of June 30. She/he will file the necessary retirement papers with the Secretary prior to September 30 of the school year in which she/he will retire. A teaching staff member may make application to continue teaching up to age 71. Such applications shall be submitted to the Board for consideration along with the results of a complete medical examination conducted at the employee’s expense. Retired teachers may be employed as substitute or replacement teachers upon the recommendation of the Superintendent.

(570)
Revised

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Withholding An Increment
Number:	4117.11
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

The Board of Education may withhold for inefficiency or other good cause, the employment increment or the adjustment increment, or both, of any member in any year pursuant to and in accordance with N.J. Statutes Ann. 18A:29-14 and N.J. Statutes Ann. 18A:25-7.

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Assessing an Employee's Wage
Number:	4117.12
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

It is fundamental that school programs cannot commence and pupils cannot be taught at prescribed times without the punctual and reliable attendance of member of the teaching staff. Therefore, a prerequisite for efficient performance of a teacher’s professional duties is the punctual commencement and proper completion of all regularly-assigned duties and such extracurricular or co-curricular duties as may from time to time be reasonably assigned.

The Board, therefore, adopts the following schedule of assessments to be applied when a teaching staff member fails to render or only partially renders services for which the Board has contracted:

1. Teachers who fail to report for duty at least ten minutes prior to the arrival of the first scheduled school bus shall be reported as tardy. On or after the fourth (4^th) tardiness in one school year, a deduction of one half day’s pay may be made upon the recommendation of the principal to the Superintendent. Teachers who are tardy shall complete a certification of tardiness form provided by the building principal. Teachers who arrive after the opening of the school session shall be reported as absent until such time as they arrive at school.

2. Each tardiness, after the first accumulation of four in a given school year, will result in an assessment of $10 per lateness.

3. Inexcusable failure to report to work will result in the forfeiture of 1/200 of the employee’s annual salary for each day missed.

4. Unexcused absence during a portion of the working day shall result in an assessment equal to the ratio of he periods missed to the total periods offered, times 1/200 of the employee’s annual salary.

Whether tardiness is excusable or not shall be determined by the principal. Tardiness incidents shall not be cumulative from one school year to the next. Records of tardiness and assessments for this or other cause will be retained in the employee’s file.

The Board reserves the right to assess an employee’s salary for failure to perform contracted services for situations not specified herein and to take further action in case of flagrant or habitual offenses.

(526)
Revised

Reference: 18A:11-1, 27-4, 28-5, 30-6





Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Resignations
Number:	4117.2
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Any certificated employee who intends to resign shall notify the Superintendent in writing at least sixty (60) days prior to the effective date. A copy of such notification shall be given to the principal by the employee.

The notice shall set forth the reasons for the resignation and shall be submitted as soon as the employee decides to resign. In so far as possible, resignations shall be effective at the end of the school year or semester. The Board reserves the right to set the effective date of resignation during the school year, which date shall be not later than the date requested. Sixty (60) days written notice is required for the Board to accept resignation before the expiration of the term of employment.

The Board may approve a release on shorter notice. If the employee fails to five the sixty (60) day notice, she/he shall be deemed guilty of unprofessional conduct, and the commissioner may suspend his/her certificate for not more than one (1) year.

A resignation accepted shall be considered a break in service. Reinstatement shall be under the same conditions prevailing for other entering employees.

(572)
et. seq.





Reference: 18A:26-10, 28-8

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Abolishing A Position
Number:	4117.3
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

It is the responsibility of the Board to provide the staff necessary for the implementation of the educational program of the district and the operation of the schools and to do so efficiently and economically.

The Board reserves the right to abolish positions in the district and to reduce staff commensurately whenever reasons of economy, reorganization of the school district, reduction in the number of pupils of other good cause warrant such action. In all cases, statute and the rules of the State Board shall govern the transfer and dismissal of employees affected by the abolishment of positions.

The Superintendent shall develop rules for the reduction of staff which comport with statute, rules of the State Board, and applicable case law and which ensure the following:

a. Standards shall be established for the reemployment of one non-tenured teaching staff member over another when on or more must be non-renewed for reduction in staff. Such standards shall be based upon employee competence.

b. Standards shall b established for the selection of one tenured teaching staff member over another when, as a result of a reduction in force, two or more members are qualified to fill a position and have identical claims to it. Such standards shall be based on employee’s competence, scope of certifications, and utility to the district.

(512)
Revised

Reference: 18A:28-1, 28-9 et. seq; NJAC 6:3-1.10

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Abolishing a Position
Number:	4117.3R
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

In accordance with the policy of the Board to deal fairly with any staff member affected by a reduction in force, the following guidelines shall be followed:

A. Records

1. A record shall be entered and maintained for every district teaching staff member on which shall be entered –

a. the member’s name
b. the certificates and endorsements thereon earned by the teacher and the date on which each was acquired (with the certificate title stated exactly as it appears on the certificate)
c. the positions in the district held by the member (with the position title stated as it appears in the minutes of the meeting at which the member was appointed to that position)
d. the date on which employment in each position began.

2. The certificates and endorsements of each prospective teaching staff member shall be submitted to the Superintendent for inspection and verification.

B. Position Changes

1. Changing circumstances in the district which might warrant the abolition of position(s) shall be presented to the Superintendent with such recommendations for abolishment or revision of positions as may be necessary.

2. A seniority list shall be prepared for each position or category of employment to be affected by the proposed abolishment. Affected positions are those positions previously held by the employees holding positions to be abolished or by employees who will be replaced by such transferred employees. Such list shall indicate:

a. the title of the position as it is recorded in the minutes of the meeting at which the Board created the position
b. the certification or certifications which qualify a candidate to hold that position
c. the names of all present district employees and all employees dismissed for reduction in force who have held that position, including the date on which their service in that position began.
3. Holders of positions to be abolished or revised will be notified by order of the Board of Education.

C. Reduction in Force (Non-tenured)

1. When a non-tenured employee is to be terminated due to a reduction in force –

a. dismissal notice will be given in accordance with the terms of the employee’s contract, or
b. notice of non-renewal will be given in accordance with statute.

2. When there are no district positions which the tenured employee affected by a reduction in staff can claim by superior seniority, she/he shall be dismissed, shall receive 60 days notice of such dismissal, and shall be placed on eligible lists for each category in which she/he was employed by the district.

3. The seniority of each tenured teaching staff member shall be calculated by totaling the time she/he in each position to which she/he has been appointed by the Board, in accordance with seniority rules of the State Board of Education. Service in any category shall be credited toward seniority in categories in which the employee was previously employed in the district, but service in categories of previous district employment shall not be credited toward categories of subsequent employment.

4. When a determination must be made a s to who among two or more tenured teaching members with the same seniority status shall be dismissed for reduction in force, the member shall have preference who has demonstrated the grease degree of competence in the district, possess the certificate(s) and endorsements thereon which provide the greater scope for future employment within the district and offers the greatest chance of utility to the district.

Reference: Policy No. 4117.3

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Criticism of Superiors
Number:	4118.12
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

When public expressions by employee(s) of this District are critical of co-workers, administrators or officials, such expressions must be reviewed in light of their effect upon the statutory functions of the Board. Employees whose statements cause interference with the regular operations of the schools, disrupt harmony among staff members or hinder the maintenance of supervision by administrative officials will be subject to disciplinary actions by the Board. Such action may include dismissal.

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Criticism of Superiors
Number:	4118.12R
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

The following guidelines are adopted to help employees clarify and thereby avoid situations in which the employee’s expression could conflict with the district’s interests. In situations in which a teaching staff member is not engaged in the performance of professional duties she/he should:

a. state clearly that his/her expression represents personal views and not necessarily those of the school district.

b. not direct his/her expression toward any individual(s) with whom she/he would normally be in daily contact in the performance of duties, in order to avoid the disruption of cooperative staff relationships.

c. Refrain from expressions that would disrupt harmony among co-workers or interfere with the maintenance of discipline by school officials.

d. Not make abusive or personally defamatory comments about co-workers, administrators or officials of the district.

e. Refrain from making public expressions which she/he knows to be false or are made without regard for truth or accuracy.

f. Not make threats against co-workers, supervisors or district officials.

Violations of these guidelines may result in disciplinary action up to and including dismissal.









Reference: Policy No. 4118.12

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Outside Activities of Staff
Number:	4118.13
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

The Board recognizes that members of the staff have the same citizenship rights and responsibilities of all citizens. The Board and its supervisory staff, however, have a responsibility to evaluate staff members in terms of their faithfulness to effectiveness in discharging school duties and responsibilities. Therefore, when non-school activities threaten a staff member’s effectiveness within the school system, the Board reserves the right to evaluate the impact of such activities upon a teacher’s responsibilities to students and to the Board.

(532)






Reference: 18A:6-10, 14-72, 42-4

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Outside Activities of Staff
Number:	4118.13R
Status:	Active
Legal:
Adopted:	11/14/1985
Last Revised:	11/14/1985
Last Reviewed:

The following regulations are provided for the guidance of staff members so that they may avoid situations in which their personal interests, activities, and associations, may conflict with the interests of the district.

a. Refrain from making public utterances about private associations if such remarks are likely to violate community standards of propriety.

b. Avoid conduct outside the classroom which, if known, could have an adverse or harmful affect upon the students or school community.

c. Do not give school time to outside activities when there is no valid reason to be excused from assigned duties.

d. Do not campaign on school property in behalf of any candidate for local, state, or national office.

e. Do not tutor for private compensation pupils assigned to your class. The foregoing does not apply to enrichment teachers and the teaching of fine arts.

Reference: Policy No. 4118.13

Date Adopted:
Date Revised: Nov. 14, 1985

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Academic Freedom
Number:	4118.21
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

In considering a new course of study or a revision to an existing course, the Board weighs, among other considerations, whether such course meets the Board’s goals for children and whether it matches the maturity level of the students for whom it is intended. To insure that proposed curricula reflect these criteria, it is the policy of the Board to require that a guide be prepared for each course of study prior to Board approval.

It is the responsibility of the Superintendent to see that the currently approved guides are applied in the schools of this district, and it is the responsibility of the teaching staff to utilize the material so provided as the core of the courses they have been assigned to teach.

The Board recognizes that some deviation from the assigned curriculum guide is necessary in the free exchange of the classroom. However, the Board specifies for the guidance of the Superintendent and, through the Superintendent‘s directives, the guidance of the staff, that any discussion of controversial issues in the classroom shall be conducted in an unprejudicied and dispassionate manner designated to foster a spirit of inquiry, and further, that such discussion shall not:

a. Disrupt the educational process,

b. Fail to match the maturity level of students,

c. Be unrelated to the goals of the Board and the appropriate curriculum guide, and

d. Tend toward the doctrinaire.

(531)
Revised

Date Adopted: April 18, 1983
Date Revised:

Book:	Brick Township Board of Education Policy
Section:	4000 Personnel
Title:	Smoking
Number:	4118.231R
Status:	Active
Legal:
Adopted:	12/07/1989
Last Revised:	12/07/1989
Last Reviewed:

Regulations No. 4118.231
BRICK TOWNSHIP BOARD OF EDUCATION Personnel



Primary responsibility for the enforcement of Policy 4118.231 is with the administration. Enforcement shall be through administrative directive. Other actions may be taken through the directive. Other actions may be taken if the directive is disobeyed.

No smoking signs shall be located clearly visible at the entrances of all buildings by the Board of Education.

A “no smoking in school buildings and on school property” announcement shall be made prior to each event taking place in any of the school buildings and on school property.

When staff members are on school property in other than their capacity as an employee, enforcement shall be handled as with any other ordinary citizen.

The district will offer a no smoking clinic in the first year of the policy and periodically in succeeding years as may be needed.

This revised policy shall take effect December 14, 1989.





Date Adopted: December 7, 1989