Board Policies Vol. 10: 9000s

9100s

• 9140.1 Staff Complaints and Grievances
• 9140.1-R Staff Complaints and Grievances Regulation

9200s

• 9240 Recruiting and Hiring
• 9260 Conditional Appointment & Emergency Conditional Appointment -Student Safety

9300s

• 9320 Drug-Free Workplace
• 9320-R Drug-Free Workplace Regulation
• 9329-E Drug-Free Workplace Exhibit: Notice to Employees and Volunteers Engaged in Work on Federal Grants

9500s

• 9520 Family and Medical Leave Policy and Procedures
• 9520.6 Policy on the Rights of Employees to Express Breast Milk in the Workplace 

9600s

• 9610 Staff Substance Abuse
• 9610-R Staff Substance Abuse Regulations
• 9620 Child Abuse in an Educational Setting
• 9620-E.1 Child Abuse in an Educational Setting Confidential Report of Allegation Form
• 9620-E.2 Child Abuse in an Education Setting Exhibit Reporting Requirements
• 9645 Disclosure of Wrongful Conduct (Whistle Blower Policy)

9700s

• 9700 Professional Learning and Staff Development
• 9720 Professional Research and Publishing
• 9720-R Professional Research and Publishing Regulation

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9140.1 Staff Complaints and Grievances

(under Title IX, Section 504 of the Rehabilitation Act or the Americans with Disabilities Act)

This policy and accompanying regulation (9140.1-R) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. Staff complaints that are not covered under the General Municipal Law, or cannot be resolved under procedures of Title IX and Section 504 or the ADA shall be subject to the discretion of the Board as to the method by which the complaint may be brought.

Grievance procedures are designed to resolve conflicts that may arise among various members of the staff. These procedures are defined in collective bargaining agreements. Staff members have the right to present complaints and grievances in accordance with the established procedures free from coercion, interference, restraint, discrimination or reprisal.

The district shall implement a multi-stage grievance procedure and an appellate stage for the settlement of grievances pursuant to the General Municipal Law. In addition, the district shall implement procedures and regulations and designate an employee to carry out the responsibilities under Title IX and Section 504 of the Rehabilitation Act or the Americans with Disabilities Act (ADA).

Annual Notification

At the beginning of each school year, the district shall publish a notice of the established grievance procedures for resolving complaints of discrimination due to sex and/or disability to employees not covered by a collective bargaining agreement. The public notice shall also be available on the district website: www.guilderlandschools.org and:

1. inform eligible employees that educational programs are offered without regard to sex, race, color, national origin or disability;

2. provide the name, address and telephone number of the person designated to coordinate activities concerning discrimination due to sex and/or disability; and

3. include in announcements, bulletins, catalogues, and applications made available by the district.

Ref: Americans with Disabilities Act, 42 USC 12111-12117; 12210

General Municipal Law, Article 15-c

Title IX, Education Amendments of 1972, 20 USC Chapter 38; 45 CFR Part 86

Rehabilitation Act of 1973, 504; 29 USC 794

Civil Service Law, Article 14

Matter of Gatje, 24 EDR 191 (1984)

Adopted November 29, 2005

Adopted June 19, 2012

Revised and Adopted March 3, 2020

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9140.1-R Staff Complaints and Grievances Regulation

Definitions

1. Grievant shall mean an employee who alleges that there has been a violation of Title IX, Section 504 or the Americans with Disabilities Act (ADA) statute or regulations which affect him/her.

2. Grievance shall mean any alleged violation of Title IX, Section 504 or ADA statute or regulations.

3. Compliance Officer shall mean the employee designated by the Board of Education to coordinate efforts to comply with and carry out responsibilities under Title IX, Section 504 and the ADA.

4. Representative shall mean any person designated by the grievant as his/her counsel or to act in his/her behalf.

This regulation and accompanying policy (9140.1) provide grievance procedures for those employees not covered by collective bargaining agreements or whose negotiated agreements do not include grievance procedures. The resolution of staff complaints alleging any action prohibited by Title IX, Section 504 of the Rehabilitation Act or the ADA shall be dealt with in the following manner:

Stages

A. Stage I–Compliance Officer

1. Within thirty (30) days after the events giving rise to the grievance, the grievant shall file a grievance in writing with the Compliance Officer. The Compliance Officer may informally discuss the grievance with the grievant. He/She shall promptly investigate the complaint. All employees of the school district shall cooperate with the Compliance Officer in such investigation.

2. Within fifteen (15) days of the receipt of the grievance, the Compliance Officer shall make a finding in writing that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA. In the event the Compliance Officer finds that there has been a violation, he/she shall propose a resolution of the complaint.

3. If the grievant is not satisfied with the finding of the Compliance Officer, or with the proposed resolution of the grievance, the grievant may, within fifteen (15) days after he/she has received the report of the Compliance Officer, file a written request for review by the Superintendent.

B. Stage II–Superintendent of Schools

1. The Superintendent may request that the grievant, the Compliance Officer, or any member of the school district staff present a written statement to him/her setting forth any information that such person has relative to the grievance and the facts surrounding it.

2. The Superintendent shall notify all parties concerned as to the time and place when an informal hearing will be held where such parties may appear and present oral and written statements supplementing their position in the case. Such hearing shall be held within fifteen (15) days of the receipt of the appeal by the Superintendent.

3. Within fifteen (15) days of the hearing, the Superintendent shall render his/her determination in writing. Such determination shall include a finding that there has or has not been a violation of Title IX, Section 504 of the Rehabilitation Act or the ADA, a proposal for equitably resolving the complaint.

4. If the grievant is not satisfied with the determination of the Superintendent, the grievant may, within fifteen (15) days after its receipt, file with the Clerk of the Board of Education, a written request for review by the Board.

C. Stage III–Board of Education

1. When a request for review by the Board has been made, the Superintendent shall submit all written statements and other materials concerning the case to the President of the Board.

2. The Board shall notify all parties concerned of the time and place when a hearing will be held. Such hearing will be held within fifteen (15) school days of the receipt of the request of the grievant. Each party may submit a written summary statement in support of their arguments at the time of the hearing but the decision by the Board of Education will be based upon the record as presented to the superintendent.

3. The Board shall render a decision in writing within ten (10) school days after the hearing has been concluded and direct the Superintendent to take appropriate steps to implement the resolution.

Reviewed November 15, 2005

Reviewed June 19, 2012

Revised and Reviewed March 2, 2020

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9240 Recruiting and Hiring

The Board of Education believes that the quality of the district’s employees in large part determines the quality of the education offered to the district’s students. As the employer for the school district, the Board will provide and maintain qualified and certified instructional and support personnel to carry out the educational programs of the district.

The title of the person who will oversee the district’s recruiting and hiring procedures, typically the Superintendent of Schools or the Assistant Superintendent for Human Resources shall implement and maintain a high-quality recruiting and hiring program to attract, secure and retain the best-qualified staff to meet the needs of students and the district.

New or Revised Positions

The Assistant Superintendent for Human Resources will develop recommended qualifications for all new positions in the district and review the qualifications for all existing positions as necessary. The Superintendent must approve all recommended qualifications for all new and existing positions. The Board must approve the qualifications for all new positions in the district and revisions of the qualifications for existing positions.

The Assistant Superintendent for Human Resources shall refer all proposals for the creation or reclassification of all unclassified (non-instructional) positions and a statement of the duties for these positions to the Albany County Department of Civil Service for classification.

The Assistant Superintendent for Human Resources shall develop job descriptions that incorporate the qualifications and job duties for all positions in the school district. The Superintendent must approve the job descriptions for all positions in the district.

Recruiting

The district will seek the most qualified candidates for vacant positions by recruiting from a variety of sources, including present staff. District employees are encouraged to apply for positions for which they meet the certification and other stated qualifications.

The Board and its employees will not discriminate in recruiting and hiring personnel on the basis of age, color, creed, disability, marital status, national origin, race, religion, sex or any other status protected by federal or state law. The Board is also committed to recruiting, employing, supporting and retaining racially, ethnically and linguistically diverse –as well as culturally competent –administrative, instructional, and support personnel.

The Board will practice due diligence in finding the most qualified persons for any open positions. The Board recognizes that some specialized positions are difficult to fill because of shortages of qualified candidates. In rare instances, the Board may need to hire a retired public employee, in which case it will follow the Commissioner’s regulations for securing a §211 waiver. When recruiting for an open position the Board will first undertake a thorough and good faith search for a certified and qualified individual who will not require such a waiver for employment

Hiring

Through standard recruiting and hiring procedures, the Assistant Superintendent for Human Resources will ensure that candidates for district employment meet all the qualifications set for the position sought. The district will comply with all the requirements of the Education and Civil Service laws, including any fingerprinting requirements.

The Assistant Superintendent for Human Resources will recommend individuals for employment to the Superintendent. The Superintendent must recommend all individuals for employment to the Board. The Board must approve all individuals to be employed by the school district.

Ref:

• Age Discrimination in Employment Act (ADEA), 29 USC §§ 621 et seq. (prohibiting discrimination on the basis of age)
• Americans with Disabilities Act (ADA), 42 USC §§ 12101 et seq. (prohibiting discrimination on the basis of disability)
• Civil Rights Act of 1964 (Title VII), 42 USC §§ 2000e et seq. (prohibiting discrimination on the basis of color, national origin, race, religion and sex)
• Rehabilitation Act of 1973 (Section 504), 29 USC § 794 (prohibiting discrimination on the basis of disability)
• Title IX, 20 USC §§ 1681 et seq. (prohibiting discrimination on the basis of sex)
• New York State Constitution, article V, § 6 (requiring public employees be appointed on the basis of merit and fitness)
• Civil Service Law §§ 22, 40-44, 61(1) (rules on classified positions)
• Education Law §§ 1604(8), 1709(16), 2503(3), 2554(2), 3012(1)(a) (board’s authority to hire employees)
• Education Law §§ 1604(39), 1709(39), 1804(9), 1950(4), 2503(18), 2554(25) (fingerprinting requirements)
• Executive Law §§ 290 et seq. (prohibiting discrimination on the basis of age, color, creed, disability, marital status, national origin, race or sex)
• 8 NYCRR § 80-5.5 (§211 waiver process)

Adopted: December 8, 2020

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9260 Conditional Appointment & Emergency Conditional Appointment – Student Safety

The Board of Education recognizes that there may be instances in which it is necessary, upon recommendation of the Superintendent of Schools, for the Board to make a conditional appointment or an emergency conditional appointment of a prospective employee. To provide for the safety of students who have contact with an employee holding a conditional appointment or an emergency conditional appointment, the Board adopts the following policy.

No district employee who holds a conditional or emergency conditional appointment will be in contact with students other than to provide the specific instruction or other services for which the employee was hired, except as deemed appropriate by the Building Principal.

In no event will such employee be left alone with an individual student or teach a class or provide a service with the classroom or office door closed unless provided express prior permission by the Building Principal.

The Building Principal or designee shall provide heightened administrative supervision of such employees while on school district property during the period of their conditional or emergency conditional appointment including, for example, unannounced visits to classrooms, walking the hallways, and/or any other activities the Principal determines to be appropriate.

In addition, the district will ensure that all conditional and emergency conditional appointed employees have received required training regarding the prohibition against child abuse in an educational setting and of their responsibility for reporting any such abuse at the commencement of their conditional or emergency conditional appointment.

For purposes of this policy, the terms “conditional appointed” and “emergency conditional appointment” refers to any employee holding conditional or emergency conditional appointment, as defined in Section 1709 of the Education Law.

Prospective employees subject to these requirements are those seeking a compensated position with the district, who are not already employed by the district or a student enrolled at the school, to provide services which involve direct contact with students under the age of 21, either by in-person face-to-face communication or interaction, or any other form of direct communication or interaction, including but not limited to digital or audio-bases technology.

The following individuals are exempted: (1) bus drivers and attendants cleared through the Vehicle and Traffic Law, (2) individuals who provided services to the district in the previous school year either in a compensated position, as an employee of a contracted services provider, or placed pursuant to a public assistance employment program, or (3) individuals who are only expected to provide services for no more than five days in a school year, provided district employees provide in-person supervision during the services.

The District will provide further results of fingerprint examination notification when they become available.

Failure to comply with this policy will result in appropriate disciplinary action up to and including dismissal.

Cross-ref:
9620, Child Abuse in an Educational Setting

Ref: Education Law §§1125-1133; 1604(39); 1709(30); 1804(9); 1950(4)(II)2503(18); 2554(25); 2854(3)(a-2)
8 NYCRR §§100.2 (hh); Part 87

Adopted May 22, 2007
Revised and Adopted June 18, 2013
Revised and Adopted March 3, 2020
Revised and Adopted January 30, 2024

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9320 Drug-Free Workplace

The Board of Education prohibits the illegal, improper or unauthorized manufacture, distribution, dispensing, possession or use of alcohol or any controlled substances in the workplace. The use of alcohol in the workplace is prohibited at all times. “Workplace” shall mean any site on school grounds, at school-sponsored activities including field trips, or any place in which an employee is working within the scope of his/her employment or duties. “Alcohol or other controlled substances” shall include all drugs which are banned or controlled under federal or state law, including but not limited to alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alikes, and any of those substances commonly referred to as “designer drugs.” Designer drugs are those substances which have been designed and synthesized to mimic the intended effects and usages of, and which are chemically substantially similar to, substances controlled by federal and/or state law as exemplified above.

These controlled substances shall also include those for which a physician’s prescription is required and over-the-counter drugs as well as any other chemical substance which is deliberately ingested to produce psychological or physiological effects, other than accepted foods or beverages.

The Superintendent or his/her designee shall implement related regulations which outline the requirements of the federal Drug-Free Workplace Act of 1988.

Cross-ref: 3230, Organization Chart

9610, Staff Substance Abuse

Ref: Drug-Free Workplace Act (DFWA), P.L. 100-690

Controlled Substances Act, 21 USC 812

21 CFR 1300.11-1300.15

34 CFR Part 85 (U.S. Dept. of Ed. Regulations under the DFWA)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)

Adopted October 9, 2001

Re-adopted February 9, 2010

Revised, Adopted November 7, 2012

Reviewed and Adopted March 3, 2020

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9320-R Drug-Free Workplace Regulation

1. The Superintendent of Schools shall certify to any federal agency making a direct grant to the district that the district will provide a drug-free workplace, in accordance with the Drug-Free Workplace Act of 1988.

2. The Superintendent or his/her designee shall establish a drug-free awareness program to inform employees about:

a. the dangers of drug abuse in the workplace;

b. the district’s policy of maintaining a drug-free workplace;

c. any available drug counseling, rehabilitation, and employee assistance programs; and,

d. the penalties that may be imposed upon employees for drug abuse violations.

3. The Superintendent or his/her designee shall publish a statement notifying district employees that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited in the workplace (as defined by district policy). The statement shall specify the actions that will be taken against employees for violations of such prohibition. Each employee shall receive a copy of this statement and the Drug-Free Workplace Act of 1988.

4. Each employee, as a condition of employment on any direct federal grant, shall:

a. abide by the terms of the statement; and

b. notify his/her immediate supervisor, who shall notify the Superintendent, of any criminal drug statute conviction for a violation occurring in the workplace within five (5) days of such conviction.

5. The Superintendent shall notify the Board of Education of any such conviction(s), and shall notify the agency overseeing any grant within 10 days after receiving notice of such conviction(s) from any source.

6. Within 30 days of such conviction(s), the district shall initiate appropriate disciplinary action against any employee so convicted in the manner provided for by law, up to and including dismissal, and/or require his/her satisfactory participation in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement or other appropriate agency.

7. The district shall make a “good faith effort” to continue to maintain a drug-free workplace through implementation of these regulations.

Note: Prior regulation, Policy Manual, 428, revised

Reviewed September 25, 2001

Reviewed January 5, 2010

Reviewed March 3, 2020

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9320-E Drug-Free Workplace Exhibit: Notice to Employees and Volunteers Engaged in Work on Federal Grants

Download and print the notice to employees and volunteers engaged in work on the federal grants.

If you are unable to access this file, please email communications@guilderlandschools.net to receive the information in an alternative format.

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9520 Family and Medical Leave Policy and Procedures

Consistent with the Family and Medical Leave Act (“FMLA”), the Board of Education of the Guilderland Central School District recognizes the right of eligible employees to take unpaid, job-protected leave in a defined 12-month period for specified family and medical reasons in accordance with the provisions of the FMLA. Eligible employees are entitled to take up to twelve (12) workweeks of unpaid leave under the FMLA during the defined 12-month period described below. However, an eligible employee who is the spouse, child, parent, or next of kin of a covered service member is entitled to a total of 26 workweeks of unpaid, job protected leave in a single 12‑month period under the FMLA to care for the service member who is seriously ill or injured in the line of duty. Intermittent FMLA leave may also be available to an employee of the District subject to the provisions of the FMLA.

To be eligible for FMLA leave, an employee must have been employed by the District for at least twelve months and have worked at least 1,250 hours during the prior twelve months. For the purposes of measuring the twelve-month period referenced above, the District has adopted the “rolling 12-month period measured backward.” Under the rolling 12-month period measured backward, each time an employee takes FMLA leave, the remaining leave entitlement would be the balance of the 12 weeks which has not been used during the immediately preceding 12 months.

In addition to the reasons referenced above, FMLA leave will be granted for the following circumstances subject to the provisions of the FMLA:

1. The birth and care of a newborn child of the employee;
2. The adoption or foster placement of a child;
3. Due to a serious health condition (as defined by law) that makes the employee unable to perform the essential functions of the employee’s job;
4. To care for an employee’s spouse, parent, or child who has a serious health condition (as defined by law); or,
5. For a qualifying exigency as defined in law and regulation, arising out of the fact that the spouse, child, or parent of the employee is on active military duty (or has been notified of an impending call or order to active duty).

The FMLA and its associated regulations define many of the terms set forth above.

When an employee returns following a leave of absence, the employee will be returned to the same or equivalent position of employment. The Superintendent of Schools or designee may reassign a teacher to a different grade level, building or other assignment, so long as the assignment is consistent with the employee’s certification and tenure area and consistent with any applicable collective bargaining agreement. The District also will ensure that all eligible employees who are absent from work on FMLA leave will have their health benefits continued on the same terms as if they were not on leave and will not have any previously accrued benefits altered. An employee may also elect to use accrued paid sick, personal or family leave concurrently while on FMLA leave when the use of such leave is appropriate under established District policies and/or collective bargaining agreements. An employee is not entitled to accrue seniority during unpaid FMLA leave.

An employee seeking FMLA leave will notify the District of their request for leave, if foreseeable, at least 30 days prior to the date when the leave is to begin. If such leave is not foreseeable, then the employee will give the District notice of the need for leave as soon as the employee becomes aware of the need for leave. When a request for leave is submitted, the District may require the employee to provide a certification from an appropriate health care provider if medical leave is requested for the employee’s own serious health condition or for the serious health condition of a spouse, parent, child. If the necessity for leave because of a qualifying exigency arising from the fact that a family member is on active duty or has been notified of an impending call to active duty is foreseeable, the employee will give such notice to the district as soon as is reasonable and practicable. The School Board may require that a request for leave because of a qualified exigency arising from the fact that the employee’s spouse, child, or parent is on active duty or has been notified of an impending call to active duty be supported by a certification issued in accordance with regulations.

The District will post on its website and in other conspicuous places a notice prepared or approved by the Secretary of United States Department of Labor stating the pertinent provisions of the Family and Medical Leave Act, including information concerning the enforcement of the law.

Ref:     29 U.S.C. §§ 207, 2601, 2611, 2612, 2613, 2614, 2618, 2619.
             29 CFR §§ 825.110, 825.309, 825.600, 825.603, 825.800.

Adopted May 26, 2015
Revised, Adopted February 1, 2022

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9520.6 Policy on the Rights of Employees to Express Breast Milk in the Workplace

Introduction and Purpose

Section 206-c of the New York State Labor Law gives all employees in New York the right to express breast milk in the workplace. This law applies to all public and private employers in New York State, regardless of size or the nature of their business.

The New York State Department of Labor has developed the official policy on breast milk expression in the workplace as required by the law, ensuring that all employees know their rights and all employers understand their responsibilities. This policy is the minimum required standard, but employers are encouraged to include additional accommodations tailored to their workplace.

With the information provided below, employees will learn how much time they are allowed for breast milk expression, the kind of space employers are required to provide for breast milk expression, how to notify employers about the need to express breast milk in the workplace, and how to notify the Department of Labor if these rights are not honored.

Employers are required to provide this policy in writing to all employees when they are hired and again every year after. Employers are also required to provide the policy to employees as soon as they return to work following the birth of a child.

Using Break Time for Breast Milk Expression

Employers must provide reasonable unpaid break time for their employees to express breast milk. In addition, employees must also be permitted to use their paid break time or meal time to express breast milk. This time must be provided for up to three years following childbirth. Employers must provide unpaid break time at least every three hours if requested by the employee. However, the number of unpaid breaks an employee will need to express breast milk is unique to each employee and employers must provide reasonable break times based on the individual. Employers are prohibited from discriminating in any way against an employee who chooses to express breast milk in the workplace.

An employee must be permitted to work before or after their normal shift to make up any time used as unpaid break time to express breast milk, as long as this time falls within the employer’s normal work hours. However, an employee is not required to make up their unpaid break time.

All employers must continue to follow existing federal and state laws, regulations, and guidance regarding paid and unpaid break time and meal times regardless of whether the employee uses such time to express breast milk. For additional information regarding what constitutes a meal period or a break period under state and federal law, please see the following resources:

• NY Department of Labor Website on Day of Rest, Break Time, and Meal Periods: dol.ny.gov/day-rest-and-meal-periods
• NY Department of Labor FAQs on Meal and Rest Periods: dol.ny.gov/system/files/documents/2021/03/meal-and-rest-periods-frequently-asked-questions.pdf
• U.S. Department of Labor FLSA FAQ on Meal and Rest Periods: dol.gov/agencies/whd/fact-sheets/22-flsa-hours-worked
• U.S. Department of Labor FLSA Fact Sheet on Compensation for Break Time to Pump Breast Milk: dol.gov/agencies/whd/fact-sheets/73-flsa-break-time-nursing-mothers

  While an employer cannot require that an employee works while expressing breast milk, nothing in Labor Law 206-c prevents an employee from voluntarily choosing to do so. Time working while expressing breast milk must be compensated. Unpaid breaks provided for the expression of breast milk must be at least twenty minutes. However, if the designated lactation room where such break will be taken is not close to an employee’s work station, the provided break must be at least thirty minutes. An employee must be allowed to take a longer unpaid break if needed. Employees may also opt to take shorter unpaid breaks. Employees who work remotely have the same rights to unpaid time off for the purpose of expressing breast milk, as all other employees who perform their work in-person.

Making a Request to Express Breast Milk at Work

If an employee wants to express breast milk at work, they need to give employers reasonable advance notice, generally before returning to the workplace if the employee is on leave. This advance notice is to allow employers the time to find an appropriate location and adjust schedules if needed. Employees wishing to request a room or other location to express breast milk in the workplace should do so by submitting a written request to their direct supervisor or individual designated by their employer for processing requests. Employers must respond to this request for a room or other location to express breast milk in writing within five days. Employers must notify all employees in writing through email or printed memo when a room or other location has been designated for breast milk expression.

Lactation Room Requirements

In addition to providing the necessary time during the workday, employers must provide a private room or alternative location for the purpose of breast milk expression. The space provided for breast milk expression cannot be a restroom or toilet stall.

The room or other location must:

• Be close to an employee’s work area
• Provide good natural or artificial light
• Be private – both shielded from view and free from intrusion
• Have accessible, clean running water nearby
• Have an electrical outlet (if the workplace is supplied with electricity)
• Include a chair
• Provide a desk, small table, desk, counter or other flat surface

  There does not need to be a separate space for every nursing employee. An employer may dedicate a single room or other location for breast milk expression. Should there be more than one employee at a time needing access to a lactation room, an employer may dedicate a centralized location to be used by all employees.

  Any space provided for breast milk expression must be close to the work area of the employee(s) using the space. The space must be in walking distance, and the distance to the location should not significantly extend an employee’s needed break time.

  Employers located in shared work areas, such as office buildings, malls and similar spaces may work together to establish and maintain a dedicated lactation room, as long as such space(s) are a reasonable distance from the employees using the room. Each employer utilizing this common space is individually responsible for making sure the room meets the needs of their employees.

  If there is not a separate room or space available for lactation, an employer may use a vacant office or other available room on a temporary basis. This room must not be accessible to the public or other employees while an employee is using it for breast milk expression.

  As a last resort, an available cubicle may be used for breast milk expression. A cubicle can only be used if it is fully enclosed with a partition and is not otherwise accessible to the public or other employees while being used for breast milk expression. The cubicle walls must be at least seven feet tall to insure the employee’s privacy.

  To ensure privacy, if the lactation room has a window, it must be covered with a curtain, blind or other covering. In addition, the lactation space should have a door equipped with a functional lock. If this is not possible (such as in the case of a fully enclosed cubicle), as a last resort, an employer must utilize a sign advising the space is in use and not accessible to other employees or the public.

  If the workplace has a refrigerator, employers must allow employees to use it to store breast milk. However, employers are not responsible for ensuring the safekeeping of expressed milk stored in any refrigerator in the workplace. Employees are required to store all expressed milk in closed containers and bring milk home each evening.

  The space designated for expressing breast milk must be maintained and clean at all times.

  If an employer can demonstrate undue hardship in providing a space with the above requirements, the employer must still provide a room or other location – other than a restroom or toilet stall – that is in close proximity to the work area where an employee can express breast milk in privacy, that meets as many of the requirements as possible. Undue hardship is defined in the statute as “causing significant difficulty or expense when considered in relation to the size, financial resources, nature, or structure of the employer’s business.” However, an employer may not deny an employee the right to express breast milk in the workplace due to difficulty in finding a location.

New York State Department of Labor Resources

If an employee believes that they are experiencing retaliation for expressing breast milk in the workplace, or that their employer is in violation of this policy, should contact the New York State Department of Labor’s Division of Labor Standards. Call us at 1-888-52-LABOR, email us at LSAsk@labor.ny.gov, or visit the nearest Labor Standards office to personally file a complaint.

A list of our offices is available at dol.ny.gov/location/contact-division-labor-standards. Complaints are confidential.

Federal Resources

The federal PUMP Act went into effect in 2023, expanding protections for almost all employees expressing breast milk at work. Under the PUMP Act, any covered workers not provided with breaks and adequate space for up to a year after the birth of a child are able to file a complaint with the U.S. Department of Labor or file a lawsuit against their employers. For more information, please visit dol.gov/agencies/whd/pump-at-work.

Ref: 29 USC §218d (Breastfeeding Accommodations in the Workplace)
Labor Law §206-c

Adopted January 16, 2024

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9610 Staff Substance Abuse

The Board of Education, recognizing that students are often influenced by teachers and other members of a school’s staff, impresses upon staff members the importance of maintaining a high level of professionalism appropriate to their position, which, in turn, shall set a positive example for students.

Since substance abuse has become a national concern, particularly among children and teenagers, the Board believes that school employees should be role models in the workplace for a drug-free lifestyle. “Workplace” shall mean any site on school grounds, at school-sponsored activities including field trips, or any place in which an employee is working within the scope of his/her employment duties. The Board will therefore not permit the consumption, sharing and/or selling, use and/or possession of alcohol or “other substances” which refers to all substances including but not limited to alcohol, inhalants, marijuana, cocaine, LSD, PCP, amphetamines, heroin, steroids, look-alike drugs, and any synthetic version thereof (whether or not specifically illegal or labeled for human consumption), commonly referred to as “designer drugs”. Designer drugs are those substances which have been designed and synthesized to mimic the intended effects and usages of, and which are chemically substantially similar to, substances controlled by federal and/or state law as exemplified above. The inappropriate use of prescription and over-the-counter drugs shall also be disallowed.

The district shall maintain an employee awareness program, including information regarding substance abuse rehabilitation programs provided by local agencies.

If an employee is found to have violated the terms of this policy, he or she may be subject to a range of penalties up to and including dismissal. Information about any drug and alcohol counseling and/or rehabilitation programs shall be made available to employees. An employee may be required to participate in a substance abuse rehabilitation program as part of disciplinary action.

Employee Assistance Program

The Board of Education recognizes that the problems of alcohol and controlled substance use and abuse affect every segment of society. Therefore, in collaboration with district collective bargaining units, the Board will maintain an Employee Assistance Program (EAP) that will provide appropriate and confidential prevention, intervention, assessment, referral, support and follow-up services for district staff. Staff members will be informed of such services and shall be encouraged to seek help either voluntarily or as part of disciplinary action.

In general, the Board of Education will not intervene unless the employee’s personal problems adversely affect job performance. However, drivers subject to the Omnibus Transportation Employee Testing Act of 1991 must be referred to a substance abuse counselor for evaluation and treatment if the employee has tested positive for controlled substances, have an alcohol concentration of 0.04 or greater, or refused to take a test.

Drug-Testing of Employees

No employee, except drivers in the district’s Transportation Department, shall be subjected to urinalysis or other form of drug testing without reasonable individualized suspicion

that the employee has been using an illegal drug(s). The school attorney shall be consulted before any implementation of such testing. Failure to submit to required drug testing based upon reasonable individualized suspicion that the employee has been using an illegal drug(s) is grounds for disciplinary action up to and including dismissal.

In its effort to maintain a drug-free environment, the district shall cooperate to the fullest extent possible with local, state and/or federal law enforcement agencies.

Cross-ref: 9320, Drug-Free Workplace

Ref: Drug-Free Schools and Communities Act (20 USC §§3171 et seq.)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)

Adopted October 9, 2001

Re-adopted February 9, 2010

Revised, Adopted November 7, 2012

Revised and Adopted March 3, 2020

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9610-R Staff Substance Abuse Regulation

In the event that district supervisory personnel determine that a staff member has a potential problem related to alcohol or other substance use/abuse which adversely affects his/her job performance:

1. the supervisory personnel will attempt to compile information and/or document actions that have resulted in unsatisfactory job performance that may be related to the employee’s alcohol or other substance use/abuse, including any observable signs of alcohol or substance use/abuse;

2. if the problem may adversely affect the employee’s position, the district supervisory personnel will schedule a meeting with the employee to discuss possible employment concerns. Written notification regarding reasons for the meeting will be given to the employee. The employee will be entitled to have representatives of their association present;

3. the district supervisory personnel will then review the information with the employee. The employee may be subjected to urinalysis or other form of drug testing if there exists reasonable individualized suspicion that the employee has been using an illegal drug(s) or has an alcohol related problem;

4. the employee may be asked to cooperate with an Employee Assistance Program representative; and

5. after exhausting the avenue of treatment and prevention, and if the problem still exists, it may be necessary to proceed to issue a:

a. verbal reprimand;

b. written reprimand; and/or commence

c. legal action.

The procedures set forth in this regulation will be subject to state law, civil service law and regulations, as well as terms of negotiated agreements.

Staff Development

The Board of Education recognizes that if the administrative, instructional, and non-instructional staff are to be responsible for understanding, implementing and modeling the district’s substance abuse policies and regulations, they must be trained about the components of an effective alcohol and other substance prevention program. Staff training shall be an on-going process including:

1. For all staff:

a. an understanding of why individuals use and abuse alcohol, tobacco and other substances;

b. their role in implementing this regulation, including how to identify students who exhibit high risk behaviors or who are using/abusing alcohol and other substances, and how to refer these students to the appropriate services;

c. awareness of personal risk factors for alcohol and other substance use/abuse so they may identify personal use/abuse problems and seek assistance; and

d. awareness of the special needs of students returning from treatment.

e. appropriate staff training to ensure they have the necessary knowledge and skills to support the application of prevention concepts through programming targeted at the school, home, and community.

2.For teachers: the knowledge and skills necessary to implement the district’s grades 5-12 alcohol and other substance prevention curriculum.

3. For intervention staff(guidance counselors, social workers, school nurses, etc): appropriate staff training for those identified to carry out the intervention function to ensure their assessment and referral skills support the needs of high-risk, using, and abusing youth.

Ref: Drug-Free Schools and Communities Act (20 USC §§3171 et seq.)

Civil Service Law §75

Education Law §3020-a

Patchogue-Medford Congress of Teachers v. Board of Education,

70 NY2d 57 (1987)

Reviewed September 25, 2001

Reviewed January 5, 2010

Revised, Reviewed October 23, 2012

Reviewed March 3, 2020

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9620 Child Abuse in an Educational Setting

9645 Disclosure of Wrongful Conduct (Whistleblower Policy)

The Board of Education expects officers and employees of the district to fulfill the public’s trust and to conduct themselves in an ethical manner, abiding by all district policies and regulations and by all applicable state and federal laws and regulations.

However, when district officers or employees know or have reasonable cause to believe that serious instances of wrongful conduct (e.g., mismanagement of district resources, unethical behavior, violations of law or regulation, and/or abuse of authority) have occurred, they are encouraged, if they feel comfortable to report such wrongful conduct to the Board or one of its designated officers. Alternatively, or in addition, district employees may report their concerns to a governmental agency or entity.

For purposes of this policy, the term “wrongful conduct” includes, but is not limited to:

• theft of district money, property, or resources;
• misuse of authority for personal gain or other non-district purpose;
• fraud;
• conflicts of interest or abuse by district officers or employees relating to their office or employment;
• actions that present a substantial or specific danger to public health or safety;
• actions that compromise the security and integrity of the district’s or state’s testing program;
• violations of applicable federal and state laws and regulations; and/or
• serious violations of district policy, regulation, and/or procedure.

Internal Reporting and Investigation

Employees and officers who know or have reasonable cause to believe that wrongful conduct has occurred are encouraged to report such conduct, if they feel comfortable to the Board of Education or the Superintendent of Schools (or designee), School Attorney, Internal Auditor, External/Independent Auditor, or Audit Committee who must notify the Board. Building Principals or other supervisory personnel may also receive such reports, and must notify the Superintendent, unless the Superintendent is a subject of the report. Upon receiving a report of alleged wrongful conduct, the Board, Superintendent or designee may take immediate steps to authorize an investigation.

Staff members who suspect that a violation of state testing procedures has occurred by a certified educator, or non-certified individual involved in the state testing program, must report their concerns to the State Education Department (SED) in the manner prescribed by the Commissioner of Education. Employees are also encouraged, if they feel comfortable, to report concerns to the Superintendent or Board of Education. Any Building Principal receiving such a report must relay this information to the Superintendent, or directly to the Board, if the Superintendent is a subject of the report.

The Board or Superintendent or designee must maintain a written record of the allegation and the results of any investigation. The Board or Superintendent or designee may also refer the matter to any appropriate unit or agency (e.g., auditors, police, SED, State Comptroller, etc.), and the Superintendent or designee will notify the Board when appropriate to do so.

Except as otherwise provided in either state and/or federal law, the Board-designated officer will make all reasonable attempts to protect the identity of the employee making the disclosure in a confidential manner, as long as doing so does not interfere with conducting an investigation of the specific allegations or taking corrective action.

The district will not take adverse employment action against an employee who has, in good faith, notified the district and/or a governmental body of wrongdoing, including but not limited to instances where an employee has reported misconduct when mandated to do so by federal and state law or regulation (e.g., child abuse, state testing misconduct).

Complaints of Reprisal

Employees who allege they have been subject to an adverse employment action based on a prior disclosure of alleged or actual wrongful conduct may contest the action by filing a written complaint of reprisal with the Superintendent or designee, or if the Superintendent is the subject of the complaint, the Board President or designee, in consultation with the school attorney, who will review the complaint expeditiously to make a preliminary determination as to:

• whether the complainant made a disclosure of alleged wrongful conduct before an adverse employment action was taken;
• whether the responding party could reasonably have been construed to have had knowledge of the disclosure and the identity of the disclosing employee;
• whether the complainant has in fact suffered an adverse employment action after having made the disclosure; and
• whether the complainant alleges that adverse employment action occurred as a result of the disclosure.

If all of the above elements are present, the Superintendent, or Board President or designee in consultation with the school attorney if the Superintendent is the subject of the report or allegation, will investigate the claim and make a recommendation to the Board. The Superintendent or designee will inform the complainant and the respondent, in writing, of:

• the intent to proceed with an investigation;
• the specific allegations to be investigated; and
• the opportunity of each party to support or respond, in writing, to the allegation.

Once the Superintendent or designee, or Board President or designee in consultation with the school attorney if the Superintendent is the subject of the report or allegation, has conducted a review and considers the investigation to be complete, the Board will be notified of its completion. From the date of that notice, the Superintendent or designee, or Board President or designee, has 30 days to report their findings and make any recommendations deemed appropriate to the Board. The Superintendent or designee, or Board President or designee, in conferral with the Board and school attorney, if appropriate, will make a final determination and issue a letter of findings to both the complainant and the respondent.

Nothing in this policy is intended to interfere with legitimate employment decisions.

The Superintendent of Schools may establish regulations necessary to implement this policy.

This policy and any accompanying regulations will be published in employee handbooks, posted in employee lounges and given to all employees with fiscal accounting and/or money handling responsibilities on an annual basis.

The Superintendent of Schools, the Auditor, the School Attorney and others involved in implementing this policy will meet with the Board once a year to evaluate the effectiveness of this policy and to make appropriate adjustments, if any, to the policy and any accompanying regulations.

Ref: Civil Service Law §75-b
Education Law §3028-d
Labor Law §740
8 NYCRR §§102.3, 102.4 (testing misconduct)
Matter of Brey v. Bd. of Educ., 245 A.D. 2d 613 (3rd Dept. 1997) (termination based on work deficiency, not retaliation)

Adopted July 1, 2015
Adopted July 5, 2022
Revised, Adopted March 28, 2023

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9700 Professional Learning and Staff Development

The Board of Education believes that staff training and learning help ensure the success of educational programs and improve the efficiency of the district. Therefore, the district will provide learning opportunities to staff to increase their effectiveness and job performance. The Superintendent of Schools shall be responsible for implementing and administering staff learning programs for the district’s employees.

Administrators

All administrators in the school district not otherwise covered by this policy will receive appropriate training and professional learning in accordance with law, regulation or any applicable collective bargaining agreement. The Superintendent will be responsible for providing such training and learning.

Teachers and Leaders

AAll teachers and leaders (i.e., holders of school building leader, school district leader, and school district business leader certificates) will be provided with opportunities for professional growth directly related to student learning in accordance with any applicable collective bargaining agreement and the district’s Professional Learning Plan. Level III teaching assistants and long-term substitute teachers (employed for more than 40 days in a school year) will have the opportunity to participate in the district’s professional learning program.

The district’s Professional Learning Plan, which may be a multi-year plans, will include all items required by the Commissioner’s regulations, including but not limited to the following:

• A needs analysis, goals, objectives, strategies, activities and evaluation standards for professional learning in the district and a description of how the district will provide all teachers and leaders substantial professional learning activities directly related to student learning needs identified in school report cards and other sources.
• A description of how the district provides teachers and leaders with opportunities directly related to student learning outcomes identified in the district’s report card and other sources, and a description of how professional learning in educator practice and curriculum development are culturally responsive and reflect the needs of the community.
• A description of how the professional learning provided will align with New York standards and assessments, student needs, including linguistic, cultural diversity and special needs, and will include culturally appropriate and responsive practices. Activities must be articulated across grade levels and subject areas and show how they will be provided and measured in a continuous manner.
• A description of how it will provide teachers, leaders, and Level III teaching assistants with opportunities to maintain their certificate in good standing by successfully completing 100 hours of professional learning every five years.
• A mentoring program to provide support for new teachers and leaders in order to ease the transition from teacher and leader preparation to practice, thereby increasing retention of teachers and leaders in the public schools, and to increase the skills of new teachers and leaders in order to improve student achievement.
• Unless granted an exemption by the Commissioner of Education, a description of how the district will provide professional learning to teachers, leaders, and Level III teaching assistants to address the needs of English Language Learners.

The Board will establish a Professional Learning Team to review and revise the district’s Professional Learning Plan annually. The Board will appoint members to the team at the first regular Board meeting in September.

The Professional Learning Team shall meet on or before October 1 of the year preceding the school year for which the plan will be adopted.  The Superintendent or designee will serve as the chair of the team and will be responsible for ensuring the timely review and revision of the district’s Professional Learning Plan.

The Professional Learning Team will submit any recommended revisions to the Professional Learning Plan to the Board by May 1.  The Board will consider the recommendations at its first regular meeting thereafter.  The Board may accept or reject the recommendations of the team in whole or in part. The Board may also request any additional information or data needed to evaluate the success of the program in achieving its objectives.

Any further changes in the plan must be submitted to the Board by June 1.  The Board will consider and act on the revised plan by July 31st.  The Board reserves the right to make changes to the revised plan.

Other Professional Staff and Support Staff

The district will provide staff development activities for other professional staff and support staff within the financial constraints of the district budget and in accordance with applicable collective bargaining agreements.

Other Staff Development Opportunities

The Board recognizes that many staff learning opportunities are provided through non-school district sources.  Within budgetary restraints, district employees may attend conferences, workshops, study councils, in-service courses, summer study grants, school visitations, and other relevant staff learning opportunities.

Released time and reimbursement for such activities will be available upon approval of the Superintendent and in accordance with applicable collective bargaining agreements.  The Superintendent may establish regulations pursuant to this policy to establish the circumstances under which such released time and reimbursement may be available.  Staff members who attend such activities will be required to prepare a report or summary of the activity attended.

Cross-ref: 9420, Staff Evaluation

Ref:    

Education Law §§ 3006-a (required hours); 3604(8) (Superintendent conference days) 8 NYCRR §§ 80-6.3 (required hours); 100.2(o)(2)(iii)(b)(5) (required training on conducting staff evaluations); 100.2(dd) (Professional Learning Plans); 154-2.3(k) (professional learning related to the needs of English Language Learners)

Adopted January 23, 2018
Revised, Adopted December 8, 2020

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9720 Professional Research and Publishing

The Board of Education recognizes the value of educational research conducted by staff members. Through this policy, the Board wishes to encourage educational creativity and to define and safeguard the rights of the district and district employees.

A district employee who develops materials which may be copyrightable is required to cooperate with the district in defining and establishing rights to the materials. This obligation extends to any materials made on district time or using district facilities. When materials have been generated, the employee will promptly provide the Superintendent of Schools, or designee, with a statement describing the circumstances under which the materials were produced.

Books, materials, devices, programs or products created as part of the employee’s professional responsibilities will be the property of the Board. The Board will patent or copyright all such materials in its own name; however, such items will bear the name of the creator. All royalties from the production of this material or program will be returned to the school. In order to stimulate future creations, the Board may agree to distribute a proportion of the royalties to the innovator(s) and producer(s) of the material or programs.

If the employee has developed the materials on their own time, but while using school facilities, the employee shall permit the district to use the material without the payment of royalty.

When the materials or programs are created solely by an employee on their own time, the copyright will be the property of the individual employee if the material has been created solely at the author’s expense on their own time. Any written material or patentable projects in the development form may be prepared at school expense and sold through the bookstore at the cost of production and handling if used in district classes.

The Superintendent shall establish regulations to administer this policy.

Adopted December 13, 2011
Adopted April 12, 2016
Revised and Adopted July 5, 2022

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9720-R Professional Research and Publishing Regulation

The following regulations shall define and safeguard the rights of the district and its employees in the development of copyrightable and patentable materials and/or programs:

Employees shall report all research and writing proposals as well as ideas and offers to do research and writing, to the Superintendent of Schools or designee.

1. Employees shall report all research and writing proposals as well as ideas and offers to do research and writing, to the Superintendent of Schools or designee.

2. The Superintendent or designee shall be responsible for approving and overseeing the development and use of copyrightable and patentable materials or programs developed by staff.

3. When such materials have been generated, the employee will promptly provide the Superintendent or designee with a statement:

a. identifying the sponsor, if any, of the project or program;
b. stating whether the activity resulting in development of the materials is within the originator’s normal activities and responsibilities with respect to their district employment;
c. indicating the extent to which equipment or physical facilities provided by the district were used in developing the material; and
d. noting the existence of any agreement between the employee and the district with respect to the material.

4. Materials, publications or projects created as part of the employee’s job responsibility will become the property of the Board:

a. the Board will patent or copyright all such materials or programs in its own name; however, such items will bear the name(s) of the employee;
b. all royalties derived from any licensing or use of the material or program will be paid by the publisher, producer or agent to the Board; and
c. in order to reward and stimulate such creativity, the district may enter into an agreement to distribute and return to the employee a percentage of the royalties agreeable to both the district and the employee.

5. When the employee has developed the material or program on their own time, but while using school facilities, the employee shall agree in writing to permit the district to use the material or program without payment of royalty.

6. When materials or programs are created by an individual employee on their own time and without use of district property:

a. copyright and royalties are the property of the employee;
b. such materials or programs in the development form may be prepared at school expense and sold through the bookstore at the cost of production and handling for use in district classes.

Reviewed November 15, 2011
Reviewed April 12, 2016
Reviewed July 5, 2022

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