4200 Classified Personnel

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POLICY No. 4159

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Teaching Staff Member/School District Reporting Responsibilities
Number:	4159
Status:	Active
Legal:
Adopted:	03/04/2010
Last Revised:	03/04/2010
Last Reviewed:

Policy Detail

POLICY No. 4159
BRICK TOWNSHIP BOARD OF EDUCATION Personnel

TEACHING STAFF MEMBER/SCHOOL DISTRICT
REPORTING RESPONSIBILITIES

All certificate holders shall report their arrest or indictment for any crime or offense to the Superintendent of Schools within fourteen calendar days in accordance with the provisions of N.J.A.C. 6A:9-17.1. For purposes of this policy, “certificate holders” shall include all individuals who hold certificates, credentials, certificates of eligibility (CEs), and certificates of eligibility with advance standing (CEASs) issued by the State Board of Examiners. For purposes of this policy, the term “certificate” shall include all standard, emergency and provisional certificates, all credentials, and all CEs and CEASs issued by the State Board of Examiners.

The report submitted to the Superintendent shall include the date of arrest or indictment and charge(s) lodged against the certificate holder. Such certificate holders shall also report to the Superintendent the disposition of any charges within seven calendar days of the disposition. Failure to comply with these reporting requirements may be deemed “just cause” for revocation or suspension of certification pursuant to N.J.A.C. 6A:9-17.5. The school district shall make these reporting requirements known to all new employees upon initial employment and to all employees on an annual basis.

The Superintendent of Schools shall notify the New Jersey State Board of Examiners when:

1. Tenured teaching staff members who are accused of criminal offenses or unbecoming conduct resign or retire from their positions;

2. Nontenured teaching staff members, including substitute teachers, who are accused of criminal offenses or unbecoming conduct resign, retire, or are removed from their positions;

3. A certificate holder fails to maintain any license, certificate, or authorization pursuant to N.J.A.C. 6A:9-4.1(b) that is mandated in order for the holder to serve in a position;

4. The Superintendent of Schools becomes aware that a certificate holder has been convicted of a crime or criminal offense while in the district’s employ; or

5. The Superintendent has received a report from the Division of Youth and Family Services (DYFS) substantiating allegations of abuse or neglect or establishing “concerns” regarding a certificated teaching staff member.

In the event the New Jersey State Board of Examiners issues an order to show cause based on the information that the school district provided about the certificate holder, it shall be the responsibility of the school district to cooperate with the Board of Examiners in any proceeding arising from the order to show cause.

The Superintendent of Schools shall also notify the New Jersey State Board of Examiners, in accordance with the provisions of N.J.S.A. 18A:16-1.3, whenever a nontenured, certificated employee is dismissed prior to the end of the school year for just cause as a result of misconduct in office. This notification requirement shall not apply in instances where the employee’s contract is not renewed. The Superintendent of Schools will comply with the additional notice requirements to the New Jersey State Board of Examiners in the event it is subsequently determined by a disciplinary grievance arbitration, a court, or an administrative tribunal of competent jurisdiction that the basis for the dismissal did not constitute misconduct in office. In addition, whenever the Superintendent of Schools notifies the New Jersey State Board of Examiners of an employee’s dismissal for reasons of misconduct in accordance with the provisions of N.J.S.A. 18A:16-1.3, the employee shall receive a simultaneous copy of the notifying correspondence.

N.J.S.A. 18A:16-1.3
N.J.A.C. 6A:9-17.1; 6A:9-17.4

First Reading: January 28, 2010
Adopted: March 4, 2010

POLICY No. 4200

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Creating A Position
Number:	4200
Status:	Active
Legal:
Adopted:	11/20/2008
Last Revised:	11/20/2008
Last Reviewed:

Policy Detail

POLICY No. 4200
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

CREATING A POSITION

The Board recognizes the need to establish positions which, when filled by competent, qualified employees, will assist the District in achieving the educational goals set by the Board.

The Board reserves the right to fix and prescribe the duties to be performed by all personnel and to create new positions, specify the number of persons within each job category, and set the initial salary for a new position not named in the negotiated agreement. In the exercise of its authority to create new positions the Board shall give primary consideration to the number of students enrolled.

The Board directs the Appointing Authority, in compliance with Civil Service Law, to maintain up-to-date job descriptions for all positions in the classified service. The job descriptions shall contain the areas of responsibility, qualifications, requirements and duties. The Board must approve all new job descriptions. The Superintendent shall submit a complete job description for all new job classifications prior to requesting approval of the Board.

Reference: N.J.S.A. 18A:16-1
N.J.S.A. 28-1
N.J.A.C. 4:1.6.1 et seq

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

POLICY No. 4211

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Recruitment, Selection and Hiring
Number:	4211
Status:	Active
Legal:
Adopted:	11/20/2008
Last Revised:	11/20/2008
Last Reviewed:

Policy Detail

POLICY No. 4211
BRICK TOWNSHIP BOARD OF EDUCATION Personnel

RECRUITMENT, SELECTION AND HIRING

The Board of Education shall appoint all staff members only from nominations made by the Chief School Administrator. All appointments shall be by recorded roll call majority vote of the full membership of the Board. The Chief School Administrator shall adhere to the following in recruiting and interviewing candidates:

A. There will be no discrimination in the employment process in 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, nationality, 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.

B. All candidates must have training and/or actual work experience in the vacant position, and an acceptable level of proficiency.

C. 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 and proof of citizenship or eligible alien status.

The Chief School Administrator is responsible for the preparation and maintenance of job descriptions that define the duties, responsibilities and qualifications required for each support position. The Board shall adopt those job descriptions required by law or code and others as appropriate.

The employment of any candidate is not official until the contract is approved by the Board of Education and signed by the candidate. It shall be the responsibility of the Chief School Administrator to communicate this fact to all candidates.

The Chief School Administrator may make temporary appointments in emergency situations in accordance with law. These must be ratified by the Board at the next regular meeting.

Legal References:

N.J.S.A. 10:5-1 et seq. Law Against 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
N.J.S.A. 18A:11-1 General mandatory powers and duties
N.J.S.A. 18A:16-1 Officers and employees in general
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:39-17 through -20 Names, social security numbers, and certification of bus driver's license and criminal background check ...

See particularly:
N.J.S.A. 18A:39-19.1
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.S.A. 39:3-10.1 Driver of motor vehicle or trackless trolley with capacity over six passengers; special license
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:10A-1.1 et seq. Improving Standards-Driven Instruction and Literacy and Increasing Efficiency in Abbott School Districts
42 U.S.C.A. 12101 et seq. - Americans with Disabilities Act (ADA)
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
No Child Left Behind Act of 2001, Pub. L. 107-110, 20 U.S.C.A. 6301 et seq.
Taxman v. Piscataway Bd. of Ed., 91 F. 3d 1547 (3d Cir. 1996)
The Comprehensive Equity Plan, New Jersey State Department

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

POLICY No. 4211.1

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Affirmative Action/Sexual Harassment
Number:	4211.1
Status:	Active
Legal:
Adopted:	08/11/1988
Last Revised:	08/11/1988
Last Reviewed:

Policy Detail

POLICY No. 4211.1
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

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, religion, sex, ethnic origin, marital status, or non-applicable handicap.

An affirmative action program shall be a part of every aspect of employment including but not limited to: upgrading, demotion or transfer, recruitment, layoff or termination, rate 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.

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. 18:6-5
N.J.S.A. 18A:6-6
N.J.S.A. 18A:26-1.1
N.J.S.A. 18A:29-2
N.J.A.C. 6:8-4.3(a)9ii

Adopted: November 11, 1988

POLICY No. 4212.4

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Physical Examination
Number:	4212.4
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4212.4
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

PHYSICAL EXAMINATION

In order to certify fitness of all candidates to discharge efficiently the duties which they will be performing and to protect the health of students from the transmission of communicable diseases, the Board requires certain physical examinations be conducted of classified employees. For purposes of this policy a “physical examination” shall mean a general examination by a doctor licensed to practice in this State.

The Board requires that all employees who will have contact with pupils including school cafeteria personnel and bus drivers undergo a tuberculosis examination in accordance with law, and the Board requires that all bus drivers and cafeteria workers undergo a physical examination annually which shall be conducted by the district.

The results of all required examinations shall be made known to the Superintendent on a confidential basis, discussed with the employee, and made a part of the employee’s record.

Persons ill or infected with a communicable disease which may be transmitted through food are prohibited from working in the food handling areas of this district and such employees may be required to submit to a physical examination on request of the school nurse or medical inspector.

Reference: 18A:16-2 et seq; 34:11-24.1; NJAC 6:21-11.1, 6:29-4.2, 8:57-1.16

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4212.6

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Personnel Files
Number:	4212.6
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4212.6
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

PERSONNEL FILES

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 districts 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, conformance with district rules and evidence of completed evaluations.

The Board delegates the maintenance of official personnel records to the School Administrator. A single central file shall be maintained, subsidiary records shall be maintained for ease in data gathering only.

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

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4213

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Assignment Transfer
Number:	4213
Status:	Active
Legal:
Adopted:	12/08/1988
Last Revised:	12/08/1988
Last Reviewed:

Policy Detail

POLICY No. 4213
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

ASSIGNMENT TRANSFER

The Chief School Administrator shall make support staff assignments and transfers in the manner best calculated, in his/her judgment, to enhance educational program.

Procedures for assignments and transfers shall comply with provisions of current negotiated agreements and State and Federal law.

Particular attention shall be paid to ensuring that there shall be equivalence of staff among the schools.

Legal References:

N.J.S.A. 18A:27-4
N.J.A.C. 6:3-1.12(c)
N.J.A.C. 6:4-1.1 through 1.10
N.J.A.C. 6:8-43(a)9ii
Title VI of the Civil Rights Act of 1964, U.S.C.A. & 2000d – 2000d4
Title IX of the Education Amendments of 1972, 20 U.S.C.A. & 1681
Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.A. & 794 et seq.
Education for all Handicapped Children Act, 20 U.S.C.A. & 1401 et. seq.
Education Consolation and Improvement Act of 1981, 20 U.S.C.A. & 2701 et. seq. (See particularly Section 558.)
34 CFR Parts 200 and 204
Ridgefield Park Education Association v. Ridgefield Park Board of Education, 78 N.J. 144 (1978)

Possible Cross References:

2224 Affirmative action committee
4111 Recruitment, selection and hiring
4111.1 Affirmative action
4131 Staff development
4211 Recruitment, selection and hiring
4211.1 Affirmative action
4231 Staff development

Possible Cross Reference Cont:

5145.4 Equal educational opportunity
6121 Affirmative action
6141 Curriculum design/development
6160 Instructional services and resources
6161.1 Guidelines for evaluation and selection of instructional material
6171.4 Handicapped

Date Adopted: December 8, 1988
Date Revised:

POLICY No. 4215

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Evaluation
Number:	4215
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4215
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

EVALUATION

The development of a strong classified staff and the maintenance of high morale classified employees is of paramount importance. The task of finding the right person to fill vacancies, of determining assignments and equitable work loads, of establishing wage salary policies to encourage employees to put forth their best efforts, of evaluating employee achievements and of providing a good atmosphere in which to work, are some of the major objectives of the Board. In doing so, the Board believes that a program of continuous evaluation is necessary for the improvement of the employees.

Each classified employee shall be evaluated by his/her immediate supervisor twice annually.

Reference: NJAC 4:1-13.1 et seq, 4:1-20.1 et seq

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4215.1

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Supervision
Number:	4215.1
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4215.1
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

SUPERVISION

The Principal and/or the immediate supervisor shall be responsible for supervising all classified employees under his jurisdiction. The purpose of supervision shall be to:

c. Evaluate performance according to planned program.

The Supervision shall direct the assignment and supervision of all classified employees. The Superintendent shall assume control of classified employees when their assignment is such that they are not under the direct supervision of a building principal or other immediate supervisor.

Each employee shall be informed as to the immediate supervisor and/or any joint supervision over the employee.

(634)

Reference: NJAC 4:1-13.1 et seq, 4:1-20.1 et seq

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4217

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Demotion, Suspension and Separation
Number:	4217
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4217
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

DEMOTION, SUSPENSION AND SEPARATION

Separation from the Classified Service may be by resignation, suspension, or by dismissal.

The Superintendent or designee may suspend without pay or with reduced pay, fine or demote an employee due to inefficiency, incompetence, misconduct, negligence, insubordination or for other sufficient cause.

(639) (639.1)

Reference: NJAC 4:1-16.1 et seq

Date Adopted: April 18, 1983
Date Revised:

Regulations No. 4217R

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Causes For Removal
Number:	4217R
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

Regulations No. 4217R
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

CAUSES FOR REMOVAL

Any one to the following shall be cause for removal from the service, although removals may be made for sufficient causes other than those listed:

a. Neglect of duty;

b. Incompetency or inefficiency;

c. Incapacity due to mental or physical disability;

d. Insubordiantion or serious breach of discipline;

e. Intoxication while on duty;

f. Chronic or excessive absenteeism;

g. Disorderly or immoral conduct;

h. Willful violation of any of the provisions of the Civil Service Statutes relating to the employment of public employees;

i. The conviction of any criminal act or offense;

j. Negligence of or willful damage to public property or waste of public supplies;

k. Conduct unbecoming an employee in the public service; or

l. The use or attempt to use one’s authority or official influence to control or modify the political action of any person in the service or engaging in any form of political activity during working hours.

The Civil Service Commission shall grant a hearing on the causes for removal if the employee sought to be removed appeals to the Commission for such a hearing as prescribed in Civil Service Rule 4:1-5.3. The Commission in its decision may revoke or modify the action of the appointing authority.

(639) (639.1)
Reference: Policy No. 4217
Approved: April 18, 1983

POLICY No. 4217.2

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Resignations
Number:	4217.2
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4217.2
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

RESIGNATIONS

Any employee in the classified service may resign in good standing by giving the appointing authority at least 14 days’ written notice, unless the appointing authority consents to a shorter notice.

If an employee resigns without giving the required notice, she/he shall be held as having resigned not in good standing.

A request to rescind the resignation prior to its effective date may be consented to by the appointing authority and approved by the Civil Service Department.

(639.3)

Reference: NJAC 4:1-16.12

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4217.4

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Removal
Number:	4217.4
Status:	Active
Legal:
Adopted:	04/18/2009
Last Revised:	04/18/2009
Last Reviewed:

Policy Detail

POLICY No. 4217.4
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

REMOVAL

A permanent employee in the classified service may not be removed except for just cause upon written charges. Notice of the removal shall be sent to the employee on the form prescribed by the Civil Service Commission, and a copy of said notice shall be sent to the Civil Service Department at the same time.

A provisional or temporary employee may be terminated at any time at the discretion of the appointing authority. A provisional or temporary employee who has been terminated shall have no right tof appeal to the Civil Service Commission.

(639.2)

Reference: NJAC 4:1-16.8

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4218.2

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Orientation Training
Number:	4218.2
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4218.2
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

ORIENTATION AND TRAINING

New employees shall be properly orientated upon entrance upon entrance into a position, which orientation shall be the responsibility of the employee’s immediate supervisor as directed by the Superintendent or designee.

(632)

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4218.232

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Commercial Driver Controlled Substance and Alcohol Use Testing
Number:	4218.232
Status:	Active
Legal:
Adopted:	08/17/2006
Last Revised:	08/17/2006
Last Reviewed:

Policy Detail

POLICY No. 4218.232
BRICK TOWNSHIP BOARD OF EDUCATION

COMMERCIAL DRIVER CONTROLLED SUBSTANCE AND ALCOHOL USE TESTING

The Brick Township Board of Education is committed to a safe, efficient and alcohol and drug-free workplace that protects the District's pupils, as well as the health and safety of its employees and the general public. The Board requires THAT all drivers performing any safety-sensitive function are free of drugs and alcohol and will test those employees who operate a commercial motor vehicle in accordance with 49 C.F.R 382 et seq. and 49 C.F.R. 40 et seq. Safety-sensitive function as defined by 49 C.F.R. 382.107 means all time from the time a driver begins work or is required to be in readiness to work until the time the driver is relieved from work and all responsibility for performing work. Safety-sensitive function shall include:

A. All time at the terminal facility or any public property waiting to be dispatched unless relieved from duty;

B. All time inspecting equipment;

C. All time spent at the driving controls of a commercial motor vehicle in operation;

D. All time other than driving time in or upon the commercial vehicle except in an area defined as a sleeping berth;

E. All time loading and unloading a vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle or in giving or receiving receipts for shipments loaded and unloaded;

F. All time spent performing driver requirements related to accidents; and

G. All time repairing, obtaining assistance, or remaining in attendance with the vehicle.

The Omnibus Transportation Employee Testing Act requires all operators of commercial motor vehicles subject to Commercial Drivers License requirements to be tested for controlled substances and alcohol. Federal regulations of the U. S. Department of Transportation require that school bus drivers, as well as drivers of private carriers of passengers contracted by the Board, be required to submit to alcohol and controlled substance testing in accordance with 49 C.F.R. Part 40. The Board designates the Transportation Coordinator as the Designated Employer Representative (DER) of the

Board of Education. The Board may contract with a service agent to provide the testing services as required by Federal Regulations.

No driver at any work site will possess, manufacture, use, sell, or distribute any quantity of any controlled substance, lawful or unlawful, which in sufficient quantity could result in impaired performance, with the exception of substances administered by or under the instructions of a physician. No driver shall perform safety-sensitive functions within four hours after using alcohol and the District will not permit a driver that used alcohol within four hours of performing safety-sensitive functions to perform such functions if the District has actual knowledge of the use.

Violations

Any violation of this policy may result in discipline, up to and including termination.

Prohibited Substances

The presence of any of the following controlled substances in the body, as evidenced by the results of the initial screening and subsequent confirmatory analysis provided in the policy, is prohibited for any employee assigned to a classification covered by this policy. All cutoff concentrations are as per 49 C.F.R. 40.87 and are expressed in nanograms per milliliter (ng/mL).

Type of Drive or Metabolite Initial Test Confirmation Test

Marijuana metabolites 50 15
Delta-9-tetrahydrocanna-
Vinol-9-carboxylic acid (THC)
Cocaine metabolites 300 150
(Benzoylecgonine)
Phencyclidine (PCP) 25 25
Amphetamines 1000
Amphetamine 500
Methamphetamine 500*
(*Specimen must also contain amphetamine at a concentration greater than or qual to 200 ng/mL.)

Type of Drive or Metabolite Initial Test Confirmation Test

Opiate metabolites 2000
Codeine 2000
Morphine 2000
6-acetylmorphine (6-AM) 10**
(**Test for 6-AM in the specimen. Conduct this test only when specimen contains morphine at a concentration greater than or equal to 2000 ng/mL.)

Alcohol .02 or higher .02 or higher

Testing Procedures

All testing for controlled dangerous substances will be conducted in accordance with 49 C.F.R. Part 40, Subparts A, B, C, D, E. F, G. H and I. The District will only test for the above stated five drugs or classes of drugs in accordance with 49 C.F.R. 40.85. Testing for alcohol will be conducted in accordance with 49 C.F.R. Part 40, Subparts J, K, L, M and N.

Definitions

"Alcohol" means the drinking or swallowing of any beverage, liquid mixture or preparation (including medication) containing alcohol.

"Confirmatory Drug Test" means a second analytical procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite.

"Confirmed Drug Test" means a confirmation drug test received by a Medical Review Officer (MRO) from a certified laboratory.

"Controlled substances" means those substances identified in 49 C.F.R. 40.85.

"CCF" means the Federal Drug Testing Custody and Control Form.

"Designated Employer Representative" is an employee of the District authorized to take immediate action(s) to remove employees from safety-sensitive duties, or cause employees to be removed from these covered duties, and to make required decisions in the testing and evaluation processes. The Designated Employer Representative (DER) shall receive test results and other communications for the employer, consistent with the requirements of this policy and 49 C.F.R. 40. Service agents cannot act as a DER.

"FMSCA" means Federal Motor Carrier Safety Administration.

"Initial Drug Test" means the test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.

"Initial Validity Screening" means the first test used to determine if a specimen is adulterated, diluted or substituted.

"Medical Review Officer" is a licensed physician responsible for receiving and reviewing laboratory results generated by the District's drug testing program and evaluating medical explanations for certain drug test results.

"Possess" means either in or on the driver's person, personal effects, motor vehicle or areas substantially entrusted to the control of the driver.

"Service agent" is any person or entity, other than an employee of the Board, who provides services specified under 49 C.F.R. 40 to the Board.

"Substance Awareness Professional" is a person who evaluates employees who have violated a drug and alcohol regulation and makes recommendations concerning education, treatment, follow-up testing and aftercare. Individuals permitted to act as Substance Abuse Professionals must possess the credentials as outlined in 49 C.F.R. 40.281.

"Work Site" means any motor vehicle, office, building, yard or other location at which the driver is to perform work.

Categories of Testing

For the purpose of this policy, the occurrence of the following circumstances/instances shall require an employee to submit to a controlled substance and alcohol screening;

A. Pre-Employment Testing

An individual who has applied for and has been selected to operate a Board vehicle shall, before beginning employment with the Board, submit to a controlled substance screening in conjunction with any required physical examination, as per Policy No. 4160. Such screening shall be conducted in accordance with the procedures set forth in this policy and 49 C.F.R. 40. No individual receiving a positive confirmed test result will be employed by the Board.

An exception to the pre-employment screening may be made if the prospective employee:

1. Has participated in a controlled substance testing program that met the requirements of 49 C.F.R. 382 et seq. within the previous thirty days and while participating in that program either:

a. Was tested for controlled substances within the past six months (from the date of application to the District), or

b. Participated in the random controlled substances testing program for the previous twelve months )from the date of application to the District); and

c. The DER must ensure that no prior employer, to the DER's knowledge, has records of a violation of a controlled substances testing program within the previous six months.

If an individual is so exempted, the Designated Employer Representative (DER) shall contact the alcohol and/or controlled substances testing program in which the driver participated and obtain the following information in accordance with 49 C.F.R. 382.301(c):

1. Name and address of the program;

2. Verification of the driver's participation;

3. Verification that the program conforms to federal guidelines;

4. Verification the driver qualified and did not refuse to be tested for controlled substances;

5. The date the driver was last tested for controlled substances; and

6. The results of any tests taken within the last six months and any other
violations.

B. Random Testing

A covered employee shall be subject to submit to alcohol and controlled substance testing on an unannounced and random basis resulting from the selection by a random generation methodology in accordance with 49 C.F.R. 383.305(i). Random testing will be spread reasonably throughout any given calendar year.

The minimum annual percentage rate for random alcohol testing shall be 10% of the average number of drivers. The minimum rate of random controlled substances testing shall be 50% of the average number of drivers. These rates may be adjusted as determined by the FHWA (Federal Highway Administration) Administrator in accordance with 49 C.F.R. 382.305.

Drivers shall only be random tested when performing safety-sensitive functions or immediately prior to or immediately following the performance of safety- sensitive functions.

C. Post-Accident Testing

The involvement by an employee in a motor vehicle collision while operating a Board vehicle when such accident results in property damage or personal injury, may trigger a post-accident drug and alcohol test.

As soon as practical following an occurrence, the DER will require post-accident alcohol screening for each of the surviving drivers:

1. Who was performing safety-sensitive functions with respect to a vehicle, if the accident involves the loss of human life; or

2. Who receives a citation within eight hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

a. Bodily injury to any person, who, as a result of the injury immediately receives medical treatment away from the scene of the accident; or

b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

3. If the alcohol test is not administered within two hours following accident, the DER will prepare and maintain on file a record stating the reasons the test was not promptly administered. If the alcohol test is not administered within eight hours following the accident, the DER shall cease attempts to administer the alcohol test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.

As soon as possible following an occurrence, the district will require post-accident controlled substance screening for each of the surviving drivers:

1. Who was performing safety-sensitive functions with respect to a vehicle, if the accident involves the loss of human life; or

2. Who receives a citation within thirty-two hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if the accident involved:

a. Bodily injury to any person, who, as a result of the injury immediately receives medical treatment away from the scene of the accident; or

b. One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicle to be transported away from the scene by a tow truck or other motor vehicle.

3. If the controlled substance test is not administered within thirty-two hours following the accident, the DER shall cease attempts to administer the controlled substance test and shall prepare and maintain the same record. Records shall be submitted to the FMCSA upon request.

A driver who is subject to post-accident testing shall remain readily available for such testing or be deemed to have refused to submit for testing. A driver who is injured in an accident and requires medical care, shall submit to post-accident drug and controlled substance testing by the medical care facility providing the treatment or a designee of the Board if the facility is unable to provide the testing. Nothing herein shall be construed to prevent the driver from leaving the scene of the accident for the period required to obtain necessary assistance or to obtain emergency medical care.

D. Reasonable Suspicion Testing

The DER may require a driver to submit to an alcohol and/or controlled substance test when the driver is observed by a supervisor or school official who is trained in accordance with 49 C.F.R. 382.603 and causes the observer to have reasonable suspicion to believe the driver has violated 49 C. F . R. 382 et seg.
Reasonable suspicion must existto require the driver to undergo a test and must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech or body odors of the driver. The observations may include indications of the chronic and withdrawal effects of controlled substances.

Reasonable suspicion alcohol testing is authorized only if the required observations are made during, just preceding, or just after the period of the work day the driver is required to be in compliance with the testing requirements of 49 C.F.R. 382 et seg.

Reasonable suspicion testing may be required of a driver while the driver is performing, just before the driver will perform or just after the driver has ceased performing safety-sensitive functions. If the alcohol test is not administered within two hours following the determination a reasonable suspicion test is required, the DER will prepare and maintain on file a record stating the reasons the test was not promptly administered. If the alcohol test is not administered within eight hours following the determination, the DER shall cease attempts to administer the alcohol test and shall state in the record the reasons for not administering the test.

No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions while the driver is under the influence of or impaired by alcohol, as shown by the behavioral, speech and performance indicators of alcohol misuse. The driver will also not be able to perform or continue to perform safety-sensitive functions until an alcohol test is administered and the driver's concentration measures less than 0.02 or twenty-four hours have elapsed following the determination that reasonable suspicion existed to require an alcohol test.

A written record of the observations leading to a reasonable suspicion test shall be made and signed by the supervisor and/or school official that made the observations. This record shall be made within twenty-four .hours of the observed behavior or before the results of the test are released, whichever is earlier.

E. Return to Duty Testing

The district is not required to return an employee to a safety-sensitive position upon receipt of a confirmed drug and/or alcohol test. The Designated Employer Representative (DER) may recommend to the Superintendent of Schools the individual's employment be terminated depending on the circumstances.

In the event the DER does not recommend termination, the DER shall ensure that before a driver returns to duty requiring the performance of a safety-sensitive function, the driver shall undergo a return' to duty alcohol test indicating a breath alcohol concentration of less than 0.02 and a controlled-substances test with a result indicating a verified negative result for controlled-substances use as required in 49 C.F.R. 40.305.

Drivers permitted to return to duty are required to take return-to-duty tests and shall be evaluated by a Substance Abuse Professional (SAP). These individuals must participate in an assistance program prescribed by the SAP and as required in 49 C.F.R. 40 Subpart o.

The SAP will determine a written follow-up testing plan for any individual who has been permitted to return to work and has successfully complied with the SAP's recommendations for education and/or treatment. Such employees are subject to a minimum of six unannounced, follow-up drug screenings and alcohol tests over the following twelve months. The .testing shall not exceed sixty months. Alcohol follow-up testing shall be performed only when the driver is performing safety-sensitive functions or immediately prior to performing or immediately after performing safety-sensitive functions. All follow-up testing will be completed in accordance with 49 C.F.R. 40.307. The SAP will comply with all reporting requirements of 49 C.F.R. 40.311.

Medical Review Officer (MRO) Notifications
The Board shall employ or contract with a medical review officer who is a licensed physician (M.D. or D.O.) and shall designate the Medical Review Officer as the individual responsible for receiving laboratory results generated by the testing program. The medical review official shall
have knowledge of substance abuse disorders and have appropriate medical training to interpret and evaluate the individuals confirmed positive test together with his/her medical history and other biomedical data. The Medical Review Officer will perform all functions and responsibilities as required in 49 C.F.R. 49 Subpart G.

Employer Notification
The Medical Review Officer may report controlled substances test results to the DER by any means of communication; however, a signed, written notification must be forwarded within three business days of the completion of the Medical Review Officer's evaluation. The Medical Review Officer must report all drug test results to the employer. The MRO may use a signed or stamped and dated legible photocopy of Copy 2 of the CCF to report test results or a written report that must include, at a minimum, the information required in 49 C.F.R. 40.163.

Split Specimen Tests

Split specimen testing will be conducted in accordance with 49 C.F.R. 40 Subpart H.
Under split-sample collection procedures, the driver has seventy-two hours from the time of notification of a positive result to request the MRO to order a test of the split specimen. If the driver does not request a split specimen test within seventy-two hours, the driver may present to the MRO information documenting that serious injury, illness, lack of actual notice of the verified test result, inability to contact the MRO, or other circumstances unavoidably prevented the individual from making a timely request.

If the split specimen is unavailable or, appears insufficient, the laboratory will continue the testing process of the primary specimen as the laboratory would normally. The laboratory will report the results for the primary specimen without providing the MRO information regarding the unavailable split specimen. In the event the MRO requests the split specimen be forwarded to another laboratory, the laboratory will report to the MRO the split specimen is unavailable for testing and the laboratory will provide the MRO with as much information as possible about the cause of the unavailability.

Designated Collection Facility

The Board shall designate the facility to be used for the collection of the specimen provided, however, that the designated facility shall possess all required licenses and permits. The collection site will take place in a facility meeting the requirements of 49 C.F.R. 40 Subpart D. The DER will ensure the collection site meets the security requirements of 49 C.F.R.40.43.

Designated Screening Laboratory
The Board shall designate the laboratory to which collected fluid samples will be forwarded for drug/alcohol screening. Drug testing laboratories must be certified by the Department of Health and Human Services (HHS) under- the-National Laboratory Certification Program (NLCP) for all testing required under 49 .C.F.R. 40. The laboratory will perform all responsibilities as required in accordance with 49 C.F.R. 40 Subpart F.

Specimens

The normal screening methodology for controlled substances shall be urinalysis, collected by a representative of the Board at a designated site. The presence of alcohol will be determined by an Alcohol Screening Device (ASD) or an Evidential Breath Testing Device administered by an individual certified in accordance with 49 C.F.R. 40.211 and 49 C.F.R. 40.213.

Refusal to Submit

A driver will be deemed as refusing to take a drug test as described in with 49 C.F.R. 40.191. as per 49 C.F.R. 40.191, an individual refuses to take a drug test if he/she:

1. Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the DER, consistent with applicable DOT agency regulations, after being directed to do so by the DER

2. Fails to remain at the testing site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;

3. Fails to provide a urine specimen for any drug test required by this policy. An employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;

4. Fails to permit the observation or monitoring of providing a specimen in the case of a directly observed or monitored collection in a drug test;

5. Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure;

6. Fails or declines to take a second test the DER or collector has directed the individual to take;

7. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under Sec. 40.193 (d). In the case of a pre-employment drug test, the individual is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment;

8. Fails to cooperate with any part of the testing process (e.g., refuses to empty pockets when so directed by the collector, behaves in a confrontational way that disrupts the collection process); or

9. If the MRO reports the driver had a verified adulterated or substituted test result.
If an individual refuses to participate in a part of the testing process, the collector or MRO, must terminate the portion of the testing process, document the refusal on the CCF (including in the case of the collector, printing the employee's name on Copy 2 of the CCF) , immediately notify the DER by any means (e.g., telephone or secure fax machine) that ensures that the refusal notification is immediately received. A referral physician (e.g., physician evaluating a "shy bladder" condition or a claim of a legitimate medical explanation in a validity testing situation), must notify the MRO, who in turn will notify the DER. In addition, the collector must note the refusal in the "Remarks" line (Step 2), and sign and date the CCF. The MRO must note the refusal by checking the "refused to test because" box (Step 6) on Copy 2 of the CCF, and add the reason on the "Remarks" line. The MRO must then sign and date the CCF. When the driver refuses to take a non-DOT test or to sign a non-DOT form, the driver has not refused to take a DOT test. There are no consequences under DOT agency regulations for refusing to take a non-DOT test.

Record of Negative Screening

An employee required to submit to an alcohol and/or controlled substance screening as provided in this policy and whose screening results are negative may, at their option, have their personnel file documented to reflect the negative result.

Prescription Drugs

All bus drivers shall notify the DER of the use of any prescription drugs. The Board may require certification from the prescribing physician that the use of the prescription drug will not have an adverse affect on the driver's ability to properly perform safety-sensitive functions.

Consequences to Drivers Engaging in Prohibited Conduct

An employee whose screening produces a positive result for a prohibited substance:

A. Shall not be permitted to perform safety-sensitive functions;

B. Shall be advised by the DER of resources available to them in evaluating and resolving problems associated with the misuse of alcohol or the use of controlled substances;

C. Shall be evaluated by a substance abuse professional who shall determine what assistance, if any, is needed to resolve problems with alcohol or controlled substance use;

D. Undergo, before returning to duty, a return to duty alcohol test indicating a breath level of less than 0.02 if the conduct involved alcohol or a controlled substance test with a verified negative result;

E. If assistance was required, the employee must be evaluated by a substance abuse professional to determine that the driver has followed the rehabilitation program prescribed;

F. Be subject to unannounced follow up alcohol and/or controlled substance abuse testing;

G. Be subject to the disciplinary policy and regulations of the Board.

Return-to-Work Agreement

An employee who has returned to work and who fails to comply with any of the terms of the Return to Work Agreement shall be subject to termination.

Maintenance and Retention of Records

The DER shall maintain and retain all records as required by federal regulation. Records shall include at least the following:

A. Records Related to the Collection Process

1. Collection logbooks (if used);

2. Documents related to the random selection process;

3. Calibration documentation for Evidential Breath Testing Devices (EBT's);

4. Documentation of Breath Alcohol Technician (BAT) training;

5. Documentation of reasoning for reasonable suspicion testing;

6. Documentation of reasoning for post-accident testing;

7. Documents verifying a medical explanation for inability to provide adequate breath or urine testing; and

8. Consolidated annual calendar year summaries.

B. Records Related to the Driver's Test Results

1. Employer's copy of the alcohol test form, including results;

2. Employer's copy of the drug test chain of custody and control form;

3. Documents sent to the employer by the Medical Review Officer;

4. Documentation of any driver's refusal to submit to a required alcohol or controlled substance test; and

5. Documents provided by a driver to dispute results of test.

C. Documentation of any other violations substance use or alcohol misuse rules

D. Records Related to Evaluations and Training

1. Records pertaining to Substance Abuse Professional's (SAP's) determination of driver's need for assistance;

2. Records concerning a driver's compliance with SAP's recommendations, and records related to education and training;

3. Materials on drug and alcohol awareness, including a copy of the employer's policy on drug use and alcohol misuse;

4. Documentation of compliance with requirement to provide drivers with educational material, including driver's signed receipt of materials;

5. Documentation of supervisor training; and

6. Certification that training conducted under this rule complies with all requirements of the rule.

Records Related to Drug Testing

1. Agreements with collection site laboratories, Medical Review Officers consortia; facilities, and

2. Names and positions of officials and their role in the employer's alcohol and controlled substance testing program;

3. Monthly statistical summaries of urinalysis; and

4. The employer's drug testing policy and procedures.

F. Required Period of Retention

Document to be maintained Period required to be maintained

Alcohol test results indicating a breath
alcohol concentration of 0.02 or greater 5 Years

Verified positive. controlled substance
test results 5 Years

Refusals to submit to required alcohol
or controlled substance tests (including
substituted or adulterated test results) 5 Years

Required calibration of Evidential Breath
Testing Devices (EBT's) 2 Years

All follow-up tests and schedules for
follow-up tests 5 Years

Substance Abuse Professional's (SAP's)
evaluations and referrals 5 Years

Annual calendar year summary 5 Years

Records related to the collection process
(except calibration) and required training 2 Years

Negative and canceled controlled substance
test results 1 Year

Alcohol test results indicating a breath
alcohol concentration less than 0.02 1 Year

Records obtained from previous 3 Years
employers concerning alcohol
and drug testing

G. Location of Records

All required records shall be maintained in accordance with Policy No. 8320. Records shall be made available for inspection at the Board Offices within two business days after a request has been made by an authorized representative of the Federal Highway Administration.

H. Annual Calendar Year Summary

The DER shall prepare and maintain an annual calendar year summary of the results of its alcohol and substance abuse testing programs. The summary shall be completed no later than March 15 of each year covering the previous calendar year. The DER upon request of the Federal Highway Administration (FHWA) will provide the annual summary to that agency in the required format.

I. Employee Information Program

The Board will provide an employee information program. The DER will be responsible for implementing the program and shall ensure that each driver receives information in the manner specified below:

1. By receiving a copy of this policy and any subsequent revisions.

2. Through attendance at a meeting at which a detailed discussion of the following is conducted:

a. The identity of the person designated by employer to answer driver questions about materials;

b. Which drivers are subject to the alcohol misuse and controlled substance requirements;

c. Explanation of what constitutes a safety-sensitive function, so as to make clear what period of the workday the driver is required to be in compliance;

d. Specific information that is prohibited concerning driver
conduct that is prohibited;

e. The circumstances under which a driver will be tested for alcohol and/or controlled substances;

f. The procedures that will be used to test for the presence of alcohol and controlled substances;

g. The requirement that a driver submit to alcohol and controlled substance tests;

h. An explanation of what constitutes a refusal to submit to an alcohol or controlled substance test;

i. The consequences for drivers found to have violated the prohibitions of this rule, including the immediate removal of the driver from safety sensitive functions;

j. The consequences for drivers found to have an alcohol concentration level of 0.02 or greater but less than 0.04;

k. Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life. Signs and symptoms of an alcohol or controlled substances problem, and available methods of intervening when an alcohol or a control substances problem is suspected, including confrontation, referral to any employee assistance program and /or referral to management.

Omnibus Transportation Act of 1991 49 C.F.R. 40 et seg.
49 C.F.R. 382 et seg.
49 C.F.R. 395.2

First Reading: July 20, 2006
Adopted: August 17, 2006

POLICY No. 4220

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Provisional and Temporary Employees
Number:	4220
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4220
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

PROVISIONAL AND TEMPORARY EMPLOYEES

The qualifications and other requirements for the employment of provisional and temporary employees may be less stringent than those for the employment of regular employees.

Any person who has not passed the Civil Service Examination for his/her position will be considered to be a provisional or temporary employee.

A provisional employee is entitled to all employment benefits (medical insurance, vacation, sick leave and personal days). A temporary employee receives no employment benefits. A provisional or temporary employee may not join the Pension Program until permanent status is given.

(617)

Reference: N.J.A.C. 4:1-14.1

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4221

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Employment of Part-Time and Substitute Personnel
Number:	4221
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4221
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

EMPLOYMENT OF PART-TIME
AND SUBSTITUTE PERSONNEL

Substitute employees are employed on a temporary basis and, according to Civil Service Law, can work only eighty (80) days, or equivalent in a year. They are to be paid on an hourly basis with no additional benefits provided.

The basis for employment of part-time employees shall be the same as that for the employment of fulltime employees of the same classification. The Board will provide health care insurance benefits to all part-time employees working twenty (20) or more hours per week.

The Board may approve annually the names of potential substitute personnel and the positions in which they may substitute, except that additional names may be duly added to the list of substitute personnel by the Board during the school year following the approval of such list.

Relatives of Board members may be employed by the Board, provided the member of the Board involved does not participate in any way in the discussion or vote Preference will be given to candidates for substitute employment who are residents of this school district.

The employment of substitute employees prior to approval by the Board is authorized when their employment is required to maintain continuity of services in the district. Retroactive employment shall be recommended to the Board at the next meeting.

(616)
Revised

Reference: 18A:6-5, 6-6; NJAC 4:1-18.4

Date Adopted: April 18, 1983
Date Revised:

POLICY NO. 4233

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Travel Reimbursement
Number:	4233
Status:	Active
Legal:
Adopted:	04/02/2009
Last Revised:	04/02/2009
Last Reviewed:

Policy Detail

POLICY NO. 4233
BRICK TOWNSHIP BOARD OF EDUCATION

TRAVEL REIMBURSEMENT

The Board of Education will reimburse support staff members for travel expenses in accordance with applicable New Jersey Statutes.

For the purpose of this Policy:

1. Travel Expenditures - means those costs paid by the school district using local, State, or Federal funds, whether paid directly by the school district or by employee reimbursement, for travel by school district employees and/or Board of Education members to training and seminars, conventions and conferences, regular school district business, and retreats.

2. Training and Seminars - means all regularly scheduled, formal residential or non-residential training functions conducted at a hotel, motel, convention center, residential facility, or any educational institution or facility.

3. Conventions and Conferences - means general programs, sponsored by professional associations on a regular basis, which address subjects of particular interest to a school district or are convened to conduct association business. The primary purpose of employee attendance at conferences and conventions is the development of new skills and knowledge or the reinforcement of those skills and knowledge in a particular field related to school district operations. These are distinct from formal staff training and seminars although some training may take place at such events.

4. Regular School District Business - means all regular official business travel, including attendance at meetings, conferences, and any other gatherings which are not covered by the definitions for training and seminars and convention and conferences above.

5. Retreats - means meetings with school district employees and Board members held away from the normal work environment at which organizational goals and objectives are discussed. If available, school district facilities shall be utilized for this type of event.

School district travel expenditures include, but are not limited to, all costs for transportation, meals, lodging, and registration or conference fees to and from the travel event. School district travel expenditures include costs for all required training and travel authorized in existing school district employee contracts and school Board policies. This includes, but is not limited to, required professional development and other staff training, required training for new school Board members, and attendance at specific conferences authorized in existing employee contracts.

A support staff member shall submit to Program Manager within thirty (30) calendar days of incurring the travel expense(s) a brief report that includes the primary purpose for the travel and the key issues that were addressed at the event and their relevance to improving instruction or the operation of the school district.

The detailed documentation that demonstrates compliance with the school Board's travel policy including travel approvals, reports, and receipts for all school district funded expenditures, as appropriate, shall be maintained in the Board Office.

Travel for support staff members may occur only upon prior written approval of the Superintendent of Schools and prior approval by a majority of the full voting membership of the Board.

For regular school district business travel only, the Board authorizes an annual maximum amount per employee for regular business travel in the amount of $1,500.00 for which Board approval is not required.

The Board may approve, at any time prior to the event, travel for multiple months as long as the Board approval, detailed in Board Meeting minutes, itemizes the approval by event, total cost, and number of employees and/or school Board members attending the event. General or blanket pre-approval for travel is not authorized. Approval shall be itemized by event, event total cost, and number of employees and school Board members attending the event.

Travel payments will be paid only upon compliance with P.L. 2007, c. 53 and this Policy’s provisions and approval requirements.

The Board will not ratify or approve payments or reimbursements for travel after completion of the travel event. An employee or organization shall not receive an amount for travel and/or travel-related expenses in advance of the travel pursuant to N.J.S.A. 18A:19-1 et seq.

A Board member shall excuse himself/herself from voting on travel if the Board member, a member of his/her immediate family, or a business organization in which he/she has an interest, has a direct or indirect financial involvement that may reasonably be expected to impair his/her objectivity or independence of judgment. A Board member shall not act in his/her official capacity in any matter in which he/she or a member of his/her immediate family has a personal involvement that is or creates some benefit to the school official or member of his/her immediate family; or undertake any employment or service, whether compensated or not, which may reasonably be expected to prejudice his/her independence of judgment in the execution of his/her official duties.

]

One-day trips that do not involve overnight lodging are not eligible for a subsistence payment or reimbursement except in limited circumstances authorized in the Department of the Treasury guidelines. Overnight travel is eligible for a subsistence payment or reimbursement as authorized in Department of the Treasury guidelines, except as otherwise superseded by the following provisions:

1. Per diem payment or reimbursement for lodging and meals will be actual reasonable costs, not to exceed the Federal per diem rates as established in the Federal register for the current year;

2. Lodging expenses may exceed the Federal per diem rates if the hotel is the site of the convention, conference, seminar, or meeting and the going rate of the hotel is in excess of the Federal per diem rate. If the hotel at the site of the convention, conference, seminar, or meeting is no longer available, lodging may be paid for similar accommodations at a rate not to exceed the hotel rate for the event;

Annually in the pre-budget year, the Board shall establish by Board resolution, a maximum travel expenditure amount for the budget year, which the school district shall not exceed in that budget year. The Board resolution shall also include the maximum amount established for the pre-budget year and the amount spent to date. The maximum school district travel expenditure amount shall include all travel in accordance with P.L. 2007 c. 53 supported by local and State funds.

The school district shall maintain separate accounting for school district travel expenditures as necessary to ensure compliance with the school district’s maximum travel expenditure amount. This may include, but need not be limited to, a separate or offline accounting of such expenditures or expanding the school district’s accounting system. The tracking system shall be sufficient to demonstrate compliance with the Board’s policy and P.L. 2007 c. 53, and shall provide auditable information.

Any Board of Education that violates its established maximum travel expenditure as set forth in P.L. 2007 c. 53, or that otherwise is not in compliance with the travel limitations set forth in P.L. 2007 c. 53 may be subject to sanctions by the Commissioner as authorized pursuant to N.J.S.A. 18A:4-23 and N.J.S.A. 18A:4-24, including reduction of State aid in an amount equal to any excess expenditure.

A person who approves any travel in violation of the P.L. 2007 c. 53 or this Policy shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event. An employee or Board member who travels in violation of the Board’s policy or P.L. 2007 c. 53 shall be required to reimburse the school district in an amount equal to three times the cost associated with attending the event.

First Reading: February 26, 2009
Adopted: April 2, 2009

POLICY No. 4236

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Soliciting, Selling and Promoting by Employees
Number:	4236
Status:	Active
Legal:
Adopted:	12/05/1985
Last Revised:	12/05/1985
Last Reviewed:

Policy Detail

POLICY No. 4236
BRICK TOWNSHIP BOARD OF EDUCATION

SOLICITING, SELLING AND
PROMOTING BY EMPLOYEES

School employees shall not use school time or school facilities in connection with any personal activity for financial profit. Futhermore, school employees shall not engage in the promotion of travel activities, recreational activities, social activities and the like on school time, using school facilities nor shall they communicate with students relative to same or their parents without prior approval of the Board of Education. Any violations of this provision could be held to be willful insubordination.

The Board of Education will not assume any liability for violation of this Policy as the Board does not endorse or support such conduct. The Board shall post this Policy in each building.

Legal Reference: N.J.S.A. 18A:11-1 General Mandatory Powers and Duties of the Board.

Date Adopted: December 5, 1985
Date Revised:

POLICY No. 4237

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Outside Activities of Non-Instructional Employees
Number:	4237
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4237
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

OUTSIDE ACTIVITIES OF
NON-INSTRUCTIONAL EMPLOYEES

The Board recognizes that employees must enjoy private lives and may associate with others outside of school for political, religious, or cultural or personal reasons. The Board and its supervisory staff, however, have a responsibility to evaluate employees in terms of their faithfulness to, and effectiveness in discharging school duties and responsibilities. Therefore, when non-school activities threaten an employee’s effectiveness within the school system the Board reserves the right to evaluate the impact of such activities upon the employee’s responsibilities to the district.

The Board directs the Superintendent to prepare guidelines so that employees may avoid situations in which their personal interests, activities, and associations may conflict with the interests of the district.

The following regulations are provided for the guidance of non-instructional employees:

c. Do not use school property or school time to solicit or accept customers for private enterprises, without written administrative permission.

d. Do not solicit, sell or collect if such activity uses the position and repute of the school distribute or of the employee.

e. Do not engage in political activities during assigned hours of employment.

f. Do not conduct unapproved solicitations on school property.

g. Do not appropriate for personal use items such as stationery, envelopes, stamps, etc., for business use exclusively.

h. Use equipment assigned for use in the course of work only the purpose intended by the Board of Education.

i. Although it may be necessary to make emergency personal calls, they should be as brief as possible. This privilege should not be abused.

(671, 675) (672)

Reference: 18A:14-72, 42-4; NJAC 4:1-18.4

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4240

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Summer Payment Plan
Number:	4240
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4240
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

SUMMER PAYMENT PLAN

Prior to July 1, annually, applications may be made by persons desiring to enroll in a Summer Payment Program, which allows for the withholding of ten per cent (10%) from the monthly salary to be applied to a lump-sum payment to be made in July of the following year.

(676)

Reference: 18A:29-3

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4248

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Employee Protection
Number:	4248
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4248
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

EMPLOYEE PROTECTION

The law requires that the employer and the employee shall cooperate with the insurance carrier to provide the best medical aid and services to the patient. To this end, the Board is designating approved doctors to whom any employee of this district shall report, when practical, for examination and treatment.

All employees are requested to apply to the district approved doctors for examination and treatment in the event of accident or disease resulting from employment with the district, except when emergencies dictate otherwise.

(642.3)
Revised

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4251.5

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Jury Duty
Number:	4251.5
Status:	Active
Legal:
Adopted:	04/18/1983
Last Revised:	04/18/1983
Last Reviewed:

Policy Detail

POLICY No. 4251.5
BRICK TOWNSHIP BOARD OF EDUCATION Classified Personnel

JULY DUTY

The Board will insure all classified employees against loss of pay occasioned by a call to jury duty. Should an employee be called for jury duty she/he shall report same to the immediate supervisor.

Any regular employee released for jury duty shall be paid by the Board for such time as she/he is required to serve. Upon receipt of payment from the County, the employee will reimburse the Board the money she/he received for jury service, excluding travel allowances.

While on jury duty, employees are required to report daily their schedule for the following day and must report to work when available for half a day or more or suffer loss of pay.

(654)
Revised

Reference: 2A69-2, -5

Date Adopted: April 18, 1983
Date Revised:

POLICY No. 4461

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Reporting Violence, Vandalism, Alcohol and Other Drug Abuse
Number:	4461
Status:	Active
Legal:
Adopted:	03/04/2010
Last Revised:	03/04/2010
Last Reviewed:

Policy Detail

POLICY No. 4461
BRICK TOWNSHIP BOARD OF EDUCATION Personnel

REPORTING VIOLENCE, VANDALISM, ALCOHOL,
AND OTHER DRUG ABUSE

The Board of Education shall observe “School Violence Awareness Week” during the week beginning with the third Monday in October of each year by organizing activities to prevent school violence. Activities shall include, but are not limited to, age-appropriate opportunities for pupil discussion on conflict resolution, issues of pupil diversity, and tolerance. The Board shall invite law enforcement personnel to join members of the teaching staff in the discussions and provide programs for school employees that are designed to help them recognize warning signs of school violence and to instruct them on recommended conduct during an incident of school violence.

Any school employee who observes or has direct knowledge from a participant or victim of an act of violence or the possession and/or distribution of alcohol or other drugs on school grounds, and any school employee who reports a pupil for being under the influence of alcohol or other drugs, according to the requirements of N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3, shall file a report describing the incident to the school Principal, in accordance with N.J.S.A. 18A:17-46. The report shall be on a form to include all of the incident detail and offender and victim information that are reported on the Electronic Violence and Vandalism Reporting System (EVVRS).

The Building Principal, for each incident report of violence, vandalism, alcohol, or other drug abuse, shall review the incident report for accuracy; forward a copy of the incident report to the Superintendent; and notify the Superintendent of the action taken regarding the incident. The Board shall not discharge or subject to any manner of discrimination any school employee who files a report pursuant to N.J.A.C. 6A:16-5.3.

The majority representative of the school employees’ bargaining units shall have monthly access to the number and disposition of all reported acts of school violence and vandalism, pursuant to N.J.S.A. 18A:17-46. Personally identifying information may be provided to the majority representative of the school employees’ bargaining units only in instances when school administrators have reason to believe that the safety of a school staff member is at risk.

The Superintendent annually shall submit a report to the Commissioner of Education of each incident of violence, vandalism and alcohol and other drug abuse in the school district utilizing the EVVRS in accordance with the requirements of N.J.A.C. 6A:16-5.3(e)1 through (e)3.

At an annual hearing held pursuant to N.J.S.A. 18A:17-46, the Superintendent shall report to the Board all acts of violence and vandalism and incidents of alcohol and other drug abuse that occurred during the previous school year, according to the provisions of N.J.S.A. 18A:17-46.

Whenever it is alleged a school employee has knowingly falsified the annual report on violence and vandalism required under N.J.S.A. 18A:17-46, the Board shall make a determination regarding whether the employee committed the act. The Board shall provide written notice of the allegations to the employee and the employee shall be entitled to a hearing before the Board in accordance with the provisions of N.J.A.C. 6A:16-5.3(g)2. Upon a determination by the Board that an employee has knowingly falsified the annual violence and vandalism report, the Board may take appropriate action as outlined in N.J.A.C. 6A:16-5.3(g)3. Any action taken by the Board shall be based on its consideration of the nature of the conduct, the circumstances under which it occurred, and the employee’s prior employment record. Any employee having been found responsible for the falsification of the annual report by the Board shall have the right to file a grievance under their respective bargaining agreements, appeal the Board’s determination to the Commissioner of Education and subsequently to the State Board of Education, or appeal the decision to the Superior Court of New Jersey. The availability of appeal options shall be based upon the action taken by the Board.

A Board of Education shall submit and implement corrective action plans for high incidences of violence, vandalism, or alcohol or other drug abuse upon notification by the Commissioner of Education.

N.J.S.A. 18A:17-46; 18A:36-5.1
N.J.A.C. 6A:16-5.2; 6A:16-5.3

First Reading: January 28, 2010
Adopted: March 04, 2010

POLICY No. 4462

	Brick Township Board of Education Policy
Book:	Brick Township Board of Education Policy
Section:	4200 Classified Personnel
Title:	Reporting Potentially Missing or Abused Children
Number:	4462
Status:	Active
Legal:
Adopted:	03/04/2010
Last Revised:	03/04/2010
Last Reviewed:

Policy Detail

POLICY No. 4462
BRICK TOWNSHIP BOARD OF EDUCATION Personnel

REPORTING POTENTIALLY MISSING OR ABUSED CHILDREN

The Board of Education recognizes early detection of missing, abused, or neglected children is important in protecting the health, safety, and welfare of all children. In recognition of the importance of early detection of missing, abused, or neglected children, the Board of Education adopts this Policy pursuant to the requirements of N.J.S.A. 18A:36-25. The Board provides this Policy for its employees, volunteers, or interns to provide for the early detection of missing, abused, or neglected children through notification of, reporting to, and cooperation with the appropriate law enforcement and child welfare authorities pursuant to N.J.S.A. 18A:36-25 and N.J.S.A. 9:6-8.10.

Employees, volunteers, or interns working in the school district shall immediately notify designated child welfare authorities of incidents of alleged missing, abused, and/or neglected children. Reports of incidents of alleged missing, abused, or neglected children shall be reported to the New Jersey State Central Registry (SCR) at 1-877 NJ ABUSE. If the child is in immediate danger a call shall be placed to 911 as well as to the SCR.

The person having reason to believe that a child may be missing or may have been abused or neglected may, prior to notifying designated child welfare authorities, inform the Building Principal or designee if the action will not delay immediate notification. The person notifying designated child welfare authorities shall inform the Building Principal or designee of the notification, if such had not occurred prior to the notification. Notice to the Building Principal or designee need not be given when the person believes that such notice would likely endanger the reporter or pupil involved or when the person believes that such disclosure would likely result in retaliation against the pupil or in discrimination against the reporter with respect to his or her employment.

The Building Principal or designee upon being notified by a person having reason to believe that a child may be missing or may have been abused or neglected, must notify appropriate law enforcement authorities of incidents of potentially missing, abused, or neglected child situations. Notification to appropriate law enforcement authorities shall be made for all reports by employees, volunteers, or interns working in the school district. Confirmation by another person is not required for a school district employee, volunteer, or intern to report the suspected missing, abused, or neglected child situation.

School district officials will cooperate with designated child welfare and law enforcement authorities in all investigations of potentially missing, abused, or neglected children in accordance with the provisions of N.J.A.C. 6A:16-11.1(a)5.

The district designates the Director of Special Services as the school district’s liaison to designated child welfare authorities to act as the primary contact person between the school district and child welfare authorities with regard to general information sharing and the development of mutual training and other cooperative efforts. The district designates Director of Special Services as the school district’s liaison to law enforcement authorities to act as the primary contact person between the school district and law enforcement authorities, pursuant to N.J.A.C. 6A:16-6.2(b)1, consistent with the memorandum of understanding, pursuant to N.J.A.C. 6A:16-6.2(b)13.

An employee, volunteer, or intern working in the school district who has been named as a suspect in a notification to child welfare and law enforcement authorities regarding a missing, abused, or neglected child situation shall be entitled to due process rights, including those rights defined in N.J.A.C. 6A:16-11.1(a)9.

The Director of Special Services shall provide training to school district employees, volunteers, and/or interns on the district’s policy and procedures for reporting allegations of missing, abused, or neglected child situations. All new school district employees, volunteers, and/or interns shall receive the required information and training as part of their orientation.

There shall be no reprisal or retaliation against any person who, in good faith, reports or causes a report to be made of a potentially missing, abused, or neglected child situation pursuant to N.J.S.A. 9:6-8.13.

N.J.S.A. 18A:36-24
N.J.A.C. 6A:16-11.1

First Reading: January 28, 2010
Adopted: March 4, 2010

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