Avonworth School District Pittsburgh, PA 15237 Avonworth ... AGENDA AUG 12... · To approve Ms. Austen Tarabay as a Day-to-Day Substitute Elementary Counselor, commencing August 14,

Avonworth School District 258 Josephs Lane

Pittsburgh, PA 15237 Avonworth Board of School Directors

Agenda – Regular Meeting – August 12, 2019 Avonworth School District – Board Room

7:30 P.M. Call to Order Pledge of Allegiance Visitors’ Comments At this time the Board welcomes any citizen to make comments or raise questions concerning our schools. If your comments relate to a particular staff member, we ask that you discuss them with the President prior to our meeting. (This permits us to hear you in an Executive Session if appropriate.) We will respond to you to the extent possible tonight, if additional information is needed, or if time runs short, we may ask to meet with you later. At the invitation of the President, visitors may participate during any discussion throughout the meeting.

Ms. Hayden Robinson will receive a ring and will be recognized for winning the State Championship in

the 100 meter dash in Track & Field.

The Athletic Committee met August 5, 2019 at 6:30 PM in the Board Room to discuss athletic matters.

The Curriculum Committee met this evening at 6:30 PM in the Board Room to discuss curriculum

matters.

Report of Administration – Dr. Thomas Ralston, Superintendent

Report of the Assistant Superintendent – Dr. Jeff Hadley

Report of the Solicitor – Mr. William Andrews, Esq.

Beattie Key Notes/AIU News – Mr. Jeff Carraway/Ms. Kate Monti

Approval of the Minutes of the July 8, 2019 Work Session/General Purpose Meeting. (Voice Vote) FINANCE – J. Carraway/P. Stewart, Co-Chairs The Superintendent recommends and I so move to approve items #1.1-1.5: 1.1 Ratify payment of General Fund bills for July, 2019, beginning with Check #47036

and ending with Check #47187 in the total amount of $1,009,861.92.

1.2 Ratify the July, 2019 payroll in the amount of $906,012.91. 1.3 Treasurer’s Report for June, 2019. 1.4 Ratify payment of Food Service Fund checks for July, 2019, beginning with

Check #2669 and ending with Check #2671 in the total amount of $88.05. 1.5 Ratify capital project payment in the amount of $32,538.00. Roll Call Vote The Superintendent recommends and I so move to approve item #2: 2. To enter into an agreement with the Human Services Administration Organization to

continue to provide services for the Student Assistance Program for the 2019-2020 School Year.

Roll Call Vote

Agenda – Regular Meeting August 12, 2019

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PERSONNEL – K. Thompson/D. Oberdick, Co-Chairs

The Superintendent recommends and I so move to approve item #1: 1. The salary increases for non-union personnel per Attachment P-3, retroactive to July 1,

2019.

Roll Call Vote

The Superintendent recommends and I so move to approve item #2: 2. To accept the resignation of paraprofessional, Ms. Kara Mihalik, retroactive to July 14,

2019.

Roll Call Vote

The Superintendent recommends and I so move to approve item #3: 3. To accept the resignation of Ms. Nicole Steinbach, as Grade 5 Inclusion Day-to-Day

Substitute Teacher, retroactive to July 29, 2019.

Roll Call Vote

The Superintendent recommends and I so move to approve item #4: 4. To move to record in the Minutes of this meeting that the following employees have

attained Professional Employee status and will be issued a Professional Employee contract

as per PA School Code #1108 and #1121:

A. Ms. Alaina Schrader

B. Ms. Jia Li

C. Ms. Morgan Waddell

D. Ms. Dorothy Duckworth

Roll Call Vote

The Superintendent recommends and I so move to approve item #5: 5. To approve Ms. Elaine Grazulis as a Long Term Substitute Speech Therapist commencing

August 14, 2019 through March 20, 2020, at Category M, Step 1, with benefits, according to

the current AEA contract, pending requirements of the District.

Roll Call Vote

The Superintendent recommends and I so move to approve item #6: 6. To approve Ms. Austen Tarabay as a Day-to-Day Substitute Elementary Counselor,

commencing August 14, 2019 through December 13, 2020, at $140/day with no benefits,

pending requirements of the District. Additional transition days are also requested for

August 14, 20, 22, September 3 and December 16, 17, and 18 upon the Counselor’s return.

Roll Call Vote

The Superintendent recommends and I so move to approve item #7: 7. To approve Ms. Jennifer Revesz as Mentor for Grade 3 teacher, Ms. Monica Traggiai, for the

2019-2020 School Year, with a stipend according to the current AEA contract.

Roll Call Vote


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Personnel, continued The Superintendent recommends and I so move to approve item #8: 8. To approve Ms. JoAnne Bova as Mentor for the Long Term Substitute Speech Therapist,

Ms. Elaine Grazulis, from August 14, 2019 through March 20, 2020, with a stipend according

to the current AEA contract.

Roll Call Vote

The Superintendent recommends and I so move to approve item #9: 9. To approve Ms. Jennifer Tracy as Mentor for the Long Term Substitute High School

Biology Teacher from August 14, 2019 through June 5, 2020, with a stipend according to the

current AEA contract.

Roll Call Vote

The Superintendent recommends and I so move to approve item #10: 10. To approve Ms. Jennifer Reilsono as Induction Coordinator beginning with the 2019-2020

School Year.

Roll Call Vote

CURRICULUM – J. Brandt/V. Carlson – Co-Chairs

The Superintendent recommends and I so move to approve item #1: 1. To renew the College In High School enrollment agreement with changes between Robert

Morris University and Avonworth High School for Environmental Science. (See web folder)

Roll Call Vote

The Superintendent recommends and I so move to approve item #2: 2. To approve the Reading 7 curriculum and payment of $1,924.00 to Ms. Amanda White

for writing the new curriculum per the current AEA contract.

Roll Call Vote

The Superintendent recommends and I so move to approve item #3: 3. To approve the Anatomy and Physiology (CHS) curriculum and payment of $818 to

Ms. Julie Selep for re-writing the curriculum per the AEA contract.

Roll Call Vote

The Superintendent recommends and I so move to approve item #4:

4. To approve the following textbook purchases for the texts required by the University of Pittsburgh for CHS courses:

A. CHS Latin:

Vergil’s Aeneid, edited by Clyde Pharr (Wauconda 1998) and Vergil (22 copies) at a cost not to exceed $1,400

The Aeneid, translated by David West (Penguins Books 1991)(22 copies) at a cost not to exceed $330


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Curriculum, continued

B. CHS French:

Controverses, Manuel. Larbi Oukada, Didier Bertrand, and Janet Solberg (2011-second edition) Cengage Learning Publishing (15 copies) at a cost not to exceed $1,300

Controverses, Cahier. Larbi Oukada, Didier Bertrand, and Janet Solberg (2011). Heinle Cengage Learning (15 copies) at a cost not to exceed $1,800

C. CHS Spanish:

Blanco, J. Enfoques: Curso intermedio de lengua espanola. 4th ed. Boston: Vista Higher Learning, 2016 (8 copies) at a cost not to exceed $2,200

Enfoques Workbook and Lab Manual (8 copies) at a cost not to exceed $400

D. CHS Introduction to Python:

Starting Out With Python, 3rd Ed. by Tony Gaddis; Person, publisher (latest edition) (15 copies) at a cost not to exceed $500

E. CHS American Politics:

The Logic of American Politics by Kernell, Jacobson, and Kousser or The American Political System by Kollman at a cost not to exceed $3,400

Required Primer provided by the University’s Faculty Liaison (55 copies) at a cost not to exceed $5,300

F. CHS Introduction to World Politics:

World Politics: Interests, Interactions, and Institutions, Fourth Edition by Jefffry Frieden, David Lake, and Kenneth Schultz at a cost not to exceed $1,500

G. CHS Business Calculus:

James Stewart, Essential Calculus: Early Transcendentals, 2nd Edition (Cengage) (15 copies) at a cost not to exceed $1,500

Roll Call Vote

The Superintendent recommends and I so move to approve item #5: 5. To approve the purchase of the following text for Environmental Science (30 copies) at a

cost not to exceed $3,200 Environmental Science: Sustaining Your World, G. Tyler Miller, Scott E.

Spoolman, National Geographic Learning, Cengage Learning Roll Call Vote

BUILDINGS & GROUNDS – P. Stewart/S. Bolain, Co-Chairs

The Superintendent recommends and I so move to approve item #1: 1. To declare 30 Elementary School chairs as obsolete and dispose of or sell as appropriate.

Roll Call Vote


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Buildings & Grounds, continued The Superintendent recommends and I so move to approve item #2: 2. To dispose of obsolete Glencoe math books and other miscellaneous obsolete books that we

were not able to sell this summer.

Roll Call Vote

The Superintendent recommends and I so move to approve item #3: 3. To declare a New Holland MC35 October 1999 tractor as obsolete and dispose of or sell as

appropriate.

Roll Call Vote

The Superintendent recommends and I so move to approve item #4: 4. To declare the following as obsolete and dispose of accordingly: 40 High School AP “General

Chemistry” Seventh Edition textbooks by Whitten, Davis, Peck and Stanley and 19

examination copies of misc. AP level and regular Chemistry books that are 20+ years old.

Roll Call Vote

ATHLETICS & ACTIVITIES – D. Oberdick/K. Thompson, Co-Chairs

The Superintendent recommends and I so move to approve item #1: 1. To approve the following Fall coaches for the 2019-2020 School Year, pending

requirements of the District:

A. Boys’ Varsity Assistant Soccer Coach – Mr. Shaun Spencer B. Varsity Football Shared Assistant Coach - Mr. Tyler Fatigante (Half Time) C. Volunteer Varsity Football Coach - Mr. Lance Hilyard

Roll Call Vote

The Superintendent recommends and I so move to approve item #2: 2. To approve a change in assignment of Mr. Dan Kuban from volunteer to a ¾ paid Assistant

Varsity Football Coach for the 2019-2020 School Year.

Roll Call Vote

The Superintendent recommends and I so move to approve item #3: 3. To approve a change in assignment of Mr. Vince Bevilacqua from shared Assistant to a ¾

paid Assistant Varsity Football Coach for the 2019-2020 School Year.

Roll Call Vote

The Superintendent recommends and I so move to approve item #4: 4. To approve Ms. Erica Johnson as a returning volunteer Athletic Trainer for the 2019-2020

School Year, with no benefits. Clearances are on file in the District Office.

Roll Call Vote


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POLICY – V. Carlson/K. Monti – Co-Chairs The Superintendent recommends and I so move to approve item #1: 1. A minimum of four (4) Ohio Township Canine visits throughout all areas of District

facilities, including parking lots and one visit to the elementary school and primary center during the 2019-2020 School Year.

Roll Call Vote

The Superintendent recommends and I so move to approve item #2: 2. To approve the following updated handbooks for the 2019-2020 School Year:

A. Avonworth Middle School Guidebook B. Avonworth School District Faculty Handbook C. Avonworth School District Student Handbook & Discipline Code D. Avonworth High School Personal Pathways Program Handbook E. Avonworth School District Booster Organization Procedures F. Handbook for Parents of Student Athletes G. Induction Handbook

Roll Call Vote

The Superintendent recommends and I so move to approve item #3: 3. To approve the change(s) to the following policies as attached:

A. Policy 103 – Nondiscrimination in School and Classroom Practices

B. To approve the change to Policy 103.1 – Nondiscrimination – Qualified

Students With Disabilities

C. To approve the change to Policy 104 – Nondiscrimination/Discriminatory

Harassment – Employment Practices

D. To approve the change to Policy 140 – Charter Schools E. To approve the change to Policy 218 – Student Discipline F. To approve the change to Policy 248 (Pupils) – Unlawful Harassment

G. To approve the change to Policy 348 (Administrative Employees) – Unlawful Harassment

H. To approve the change to Policy 448 (Professional Employees) – Unlawful Harassment

I. To approve the change to Policy 548 (Classified Employees) – Unlawful Harassment J. To approve the change to Policy 700 – Commercial Activities

K. To approve the change to Policy 808.1 – Free/Reduced-Price Meals and Free Milk

Roll Call Vote

Old Business

New Business

Adjournment


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103 Nondiscrimination in School and Classroom Practices Authority The Board declares it to be the policy of this district to provide an equal opportunity for all students to achieve their maximum potential through the programs offered in the schools regardless without discrimination on the basis of race, color, age, creed, religion, sex, sexual orientation, sexual identity, ancestry, national origin, marital status, pregnancy or handicap/disability. [1][2][3][4][6][7][8][9][10][11][12][14][15] The district strives to maintain a safe, positive learning environment for all students that is free from discrimination. Discrimination is inconsistent with the educational and programmatic goals of the district and is prohibited on school grounds, at school-sponsored activities and on any conveyances providing transportation to or from a school entity or school-sponsored activity. The district shall provide to all students, without discrimination, course offerings, counseling, assistance, services, employment as applicable, athletics and extracurricular activities. The equitable distribution of district resources is one means the district shall use to ensure all students receive a quality education. The district shall make reasonable accommodations for identified physical and mental impairments that constitute handicaps and disabilities, consistent with the requirements of federal and state laws and regulations. The Board encourages students and third parties who believe they or others have been subject to discrimination to promptly report such incidents to designated employees, even if some elements of the related incident took place or originated away from school grounds, school activities or school conveyances. The Board directs that verbal and written complaints of discrimination shall be investigated promptly, and appropriate corrective or preventative action be taken when allegations are substantiated. The Board directs that any complaint of discrimination brought pursuant to this policy shall also be reviewed for conduct which may not be proven discrimination brought pursuant to this policy shall also be reviewed for conduct which may not be proven discriminatory under this policy but merits review and possible action under other Board policies. Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a complaint and the investigation shall be maintained, handled in accordance with this policy and consistent with the district's legal and investigative obligations. Retaliation No reprisals nor retaliation shall occur as a result of good faith charges of discrimination. The Board prohibits retaliation against any person for making a report of discrimination or participating in a related investigation or hearing, or for opposing practices the person reasonably believes to be discriminatory. A complaint of retaliation shall be handled in the same manner as a complaint of discrimination. Definitions Discriminatory Harassment Harassment by students, employees or third parties on the basis of race, color, age, creed, religion, sex, sexual orientation, sexual identity, ancestry, national origin, marital status pregnancy, handicap/disability or for participation in reports or investigations or alleges discrimination is a form of discrimination and is subject to this policy. A person who is not necessarily an intended victim

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or target of such harassment but is adversely affected by the offensive conduct may file a report of discrimination on his/her own behalf. [20][21][22][23][24][25][26] For purposes of this policy, harassment shall consist of unwelcome conduct such as graphic, written, electronic, verbal, or nonverbal acts including offensive jokes, slurs, epithets, and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct that may be harmful or humiliating or interfere with a person's school or school-related performance and which relates to an individual's or group's race, color, age, creed, religion, sex, sexual orientation, sexual identity, ancestry, national origin, marital status, pregnancy or handicap/disability when such conduct is:

1. Sufficiently severe persistent or pervasive; and 2. A reasonable person in the complainant's position would find that it creates an intimidating,

threatening or abusive educational environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities or opportunities offered by a school.

Sexual Harassment Sexual harassment is a form of discrimination on the basis of sex and is subject to this policy. For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, nonverbal, written, graphic or physical conduct of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's status in any educational or other programs offered by a school; or

2. Submission to or rejection of such conduct is used as the basis for educational or other program decisions affecting a student; or

3. Such conduct deprives a student or group of individuals of educational aid, benefits, services or treatment; or

4. Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant's position would find that it unreasonably interferes with the complainant's performance in school or school-related programs, or otherwise creates an intimidating, hostile, or offensive school or school-related environment such that it unreasonably interferes with the complainant's access to or participation in school or school-related programs.

Federal law declares sexual violence a form of sexual harassment. Sexual violence means physical or sexual acts perpetrated against a person's will or where a person is incapable of giving consent due to the victim's use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. Sexual violence includes but is not limited to rape, sexual assault, sexual battery and sexual coercion. Delegation of Responsibility In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Coordinator of Student Services as the district's Compliance Officer. All nondiscrimination notices or information shall include the position, office address, telephone number and email address of the Compliance Officer. TThe Compliance Officer shall publish and disseminate this policy and complaint procedure at least annually to students, parents/guardians, employees and the public to notify them odf where and how to initiate complaints under this policy. Nondiscrimination statements shall include the position, office address and telephone number of the Compliance Officer.


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The Compliance Officer is responsible to ensure adequate nondiscrimination procedures are in place, to recommend new procedures or modifications to procedures and to monitor the implementation of nondiscrimination procedures in the following areas:

1. Curriculum and Materials - Review of curriculum guides, textbooks and supplemental materials for discriminatory bias.

2. Training - Provision of training for students and staff to identify and alleviate problems of discrimination.

3. Resources - Maintsain and provide information to staff on resources available to alleged victims in addition to the school complaint procedure, such as making reports to the police, available assistance from domestic violence or rape crisis programs and community health resources including counseling resources.

4. Student Access - Review of programs, activities and practices to ensure that all students have equal access and are not segregated except when permissible by law or regulation.

5. District Support - Assurance that like aspects of the school program receive like support as to staffing and compensation, facilities, equipment, and related matters areas.

6. Student Evaluation - Review of tests, procedures, and guidance and counseling materials for stereotyping and discrimination.

The building principal or designee shall be responsible to complete the following duties when receiving a complaint upon receipt of a report of discrimination or retaliation from a student, employee or third party:

1. Inform the student or third party of the right to file a complaint and the complaint procedure If the building principal is the subject of the complaint, refer the complainant to the Compliance Officer to carry out these responsibilities.

2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the complaint procedure about this policy including the rigfht to an investigation of both oral and written complaints of discrimination.

3. Notify the complainant and the accused of the progress at appropriate stages of the procedure. Seek to obtain consent from parents/guardians to initiate an investigation where the complainant or alleged victim is under age eighteen (18). Inform parents/guardians of the complainant that the complainant may be accompanied by a parent/guardian during all steps of the complaint procedure. When a parent/guardian requests confidentiality and will not consent to the alleged victim's participation in an investigation explain that the school shall take all reasonable steps to investigate and respond to the complaint consistent with that request for confidentiality as long as doing so does not preclude the school from responding effectively to the discrimination and preventing discrimination of other students.

4. Provide relevant information on resources available in addition to the school complaint procedure, such as making reports to the police, available assistance from domestic violence or rape crisis programs and community health resources including counseling resources.

5. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint. Immediately notify the Compliance Officer of the complaint. The Compliance Officer shall assess whether the investigation should be conducted by the building principal, another district employee, the Compliance Officer or an attorney and shall promptly assign the investigation to that individual. When a parent/guardian has requested confidentiality and will not consent to the alleged victim's participation in an investigation, the Compliance officer shall provide the parent/guardian with a letter containing information related to the district's legal obligations to conduct an investigation and address violations of this policy, and any other information appropriate to the specific complaint.

6. After consideration of the allegations and in consultation with the Compliance officer and other appropriate individuals, promptly implement interim measures as appropriate to protect the complainant and others as necessary from violation of this policy during the course of the investigation.


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Guidelines Complaint Procedure – Student/Third Party Step 1 – Reporting A student or third party who believes s/he has been subject to conduct by any student, employee, or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. Any person with knowledge of conduct that may violate this policy is encouraged to immediately report the matter to the building principal. A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal, as well as properly making any mandatory police or child protective services reports required by law. [27] If the building principal is the subject of a complaint, the student, third party or employee shall report the incident directly to the Compliance Officer. The complainant or reporting employee is encouraged to use the report form available from the building principal or Compliance Officer, or to put the complaint in writing; but however, oral complaints shall be acceptabled, documented and the procedures of this policy implemented. The person accepting the verbal or written complaint may provide factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality and the right to file criminal charges. In all other respects, the person accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or those accused of a violation of this policy. Step 2 – Investigation The Compliance Officer shall ensure that the individual assigned to investigate the complaint has an appropriate understanding of the relevant laws pertaining to discrimination issues and this policy and how to conduct investigations. Upon receiving a complaint of discrimination, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigator shall work with the Compliance Officer to assess the anticipated scope of the investigation, who needs to be interviewed and what records may be relevant to the investigation. The investigator shall conduct an adequate, reliable and impartial investigation. The complainant and the accused ay suggest additional witnesses and provide other evidence during the course of the investigation. When the initial complaint involved allegations relating to conduct which took place away from school property, school-sponsored activities or school conveyances, the investigation may include inquiries related to these allegations to determine whether they resulted in continuing effects such as harassment in school settings. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident allegations. The investigator may also evaluate any other information and materials relevant to the investigation. The person making the report, parties, parents/guardians and witnesses shall be informed of the prohibition against retaliation for anyone's particpation in the process and that conduct believed to be retaliatory should be reported. All individuals providing statements or other information or participating in the investigation shall be instructed to keep the matter confidential and to report any concerns about confidentiality to the investigator.


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If the investigation reveals that the conduct being investigated may involve a violation of criminal law, the investigator shall promptly notify the Compliance Officer, who shall promptly inform law enforcement authorities about the allegations. [27][28][29] The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the incident allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to requests for a short delay in fulfilling the district's investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation. Step 3 – Investigative Report The building principal investigator shall prepare and submit a written report to the Compliance Officer within fifteen (15) twenty (20) days of the initial report of alleged discrimination, unless additional time to complete the investigation is required the nature of the allegations, anticipated extent of the investigation or the availability of witnesses requires the investigator and the Compliance Officer to establish a different due date. The parties shall be notified of the anticipated date the investigative report will be completed and of any changes to the anticipated due date during the course of the investigation. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual, the information and evaluation that formed the basis for this determination, and whether it is a violation of this policy, and of any other violations of law or Board policy which may warrant further district action, and a recommended disposition of the complaint. An investigation into discriminatory harassment or sexual harassment shall consider the record as a whole and the totality of circumstances in determining whether a violation of this policy has occurred, recognizing that persistent and pervasive conduct, when taken together, may be a violation even when the separate incidents are not severe. The complainant and the accused shall be informed of the outcome of the investigation, for example, whether the investigator believes the allegations to be founded or unfounded, within a reasonable time of the submission of the written report to the extent authorized by the Family Educational Rights and Privacy Act (FERPA) and other applicable laws. The accused shall not be notified of the individual remedies offered or provided to the complainant. including the recommended disposition. [30][31][32] Step 4 – District Action If the investigation results in a finding that some or all of the allegations of the complaint are established is factual and constitutes a violation of this policy, the district shall take prompt, corrective action designed to ensure that such conduct ceases and that no retaliation occurs. will not recur. The dDistrict staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. promptly take appropriate steps to prevent the recurrence of the prohibited conduct and to address the discriminatory effect the prohibited conduct had on the complainant and the school or school program environment. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. The Compliance Officer shall follow up by assessing the effectiveness of the corrective action at reasonable intervals. If an investigation results in a finding that a different policy was violated separately from or in addition to violations of this policy, or that there are circumstances warranting further action, such matters shall be addressed at the conclusion of this investigation or through disciplinary or other appropriate referrals where further evaluation or investigation is necessary.


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Disciplinary actions shall be consistent with the Student Code of Conduct, Board policies and administrative regulations, district procedures, applicable collective bargaining agreements, and state and federal laws. Appeal Procedure

1. If the complainant or the accused is not satisfied with a finding made pursuant to of no violation of the policy or with the recommended corrective action, in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) days. If the Compliance Officer investigated the complaint, such appeal shall be made to the Superintendent.

2. The Compliance Officer individual receiving the appeal shall review the investigation and the investigative report and may also conduct or designate another person to conduct a reasonable supplemental investigation to assess the sufficiency and propriety of the prior investigation.

3. The Compliance Officer person handling the appeal shall prepare a written response to the appeal within fifteen (15) twenty (20) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation.

Equivalence Between Schools The Board directs that services in Title I schools and programs, when taken as a whole, shall be substantially comparable to services in schools and programs that do not receive Title I funds.[8] Curriculum materials, instructional supplies and percentages of highly qualified personnel shall be equivalent between all district schools when compared on a grade-span by grade-span basis or a school-by-school basis. Records documenting such compliance shall be updated biannually. The Board understands that equivalence between programs and schools shall not be measured by:

1. Changes in enrollment after the start of the school year.

2. Varying costs associated with providing services to students with disabilities.

3. Unexpected changes in personnel assignments occurring after the beginning of the school year.

4. Expenditures on language instruction education programs.

5. Other expenditures from supplemental state or local funds consistent with the intent of Title I.

Complaints by individuals and organizations regarding implementation of equivalence between schools shall be processed in accordance with Board policy.[13]

103 ATTACHMENT 1

REPORT FORM FOR COMPLAINTS OF DISCRIMINATION Complainant: __________________________________________________________________ Home Address: __________________________________________________________________ Home Phone: __________________________________________________________________ School Building: __________________________________________________________________ Date of Alleged Incident(s): __________________________________________________________ Alleged discrimination was based on: (circle those that apply)



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Race Disability Sexual Orientation Gender Age Sexual Identity Ancestry National Origin Color Religion Name of person you believe violated the district's nondiscrimination policy: ______________________________________________________________________________ If the alleged discrimination was directed against another person, identify the other person: ______________________________________________________________________________ Describe the incident as clearly as possible, including any verbal statements (i.e. threats, derogatory remarks, demands, etc.) and any actions or activities. Attach additional pages if necessary: __________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________ When and where incident occurred: ___________________________________________________________________ List any witnesses who were present: _________________________________________________________________ ________________________________________________________________________________________________________________ This complaint is based on my honest belief that ________________________ has discriminated against me or another person. I certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge. ______________________________________________ _______________________ Complainant's Signature Date ______________________________________________ _______________________ Received By Date

103 ATTACHMENT 2 [DISTRICT LETTERHEAD] ADDRESSED TO: Alleged Victims’ Parents/Guardians RE: Complaint of discrimination made on [DATE] on behalf of [STUDENT] Dear ________________________________: On [DATE] you met with [NAME OF: PRINCIPAL, COMPLIANCE OFFICER, DESIGNEE] to discuss an alleged violation of [SCHOOL DISTRICT’S] Policy No. 103, prohibiting discrimination/discriminatory harassment in school and classroom practices. The allegations involved [VERY BRIEF DESCRIPTION OF INCIDENT OR GENERAL INCIDENTS WITHOUT NAMING NAMES, e.g. that a fellow student reported a teacher in the high school inappropriately texted your child suggesting they have dinner together; that your student reported a


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classmate in his math class has been touching his thigh every day and talking about how cute he is, making him uncomfortable; that a custodian reported hearing an identified group of students use racial slurs against your child; that your child reported to you that a teacher criticized your family’s religion as being terroristic, etc.]. In this discussion, you stated that you wish to maintain confidentiality and do not consent to [STUDENT’S] participation in an investigation. Because the district has a legal obligation to address potential violations of Policy 103, the district will conduct an investigation and maintain confidentiality to the extent this is consistent with the district’s obligations to address and prevent violations of this policy. Any violations of policy which may be uncovered through this investigation will be addressed. The [SCHOOL DISTRICT] prohibits retaliation against any individual who has made a complaint, and alleged victims or individuals who participate in related investigations. If at any time you wish to withdraw your request for confidentiality and have your child participate in the investigation, please notify me immediately. If at any time your child believes there have been additional violations of Policy 103, including any retaliatory behavior, please contact me at your earliest convenience to permit the district to properly address such matters. This will be treated as a new complaint with a new opportunity to determine your child’s participation. Feel free to contact me with any questions. My contact information is:


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103.1 Nondiscrimination – Qualified Students With Disabilities Authority The Board declares it to be the policy of this district to ensure that all district programs and practices are free from discrimination against all qualified students with disabilities. The Board recognizes its responsibility to provide academic and nonacademic services and programs equally to students with and without disabilities.[1][2][3][4][5][6][7][8][9] The district shall provide to each qualified student with a disability enrolled in the district, without cost to the student or parent/guardian, a free and appropriate public education (FAPE). This includes provision of education and related aids, services, or accommodations which are needed to afford each qualified student with a disability equal opportunity to participate in and obtain the benefits from educational programs and extracurricular activities without discrimination, to the same extent as each student without a disability, consistent with federal and state laws and regulations. The Board encourages students and parents/guardians who believe they have been subjected to discrimination or harassment to promptly report such incidents to designated employees. The Board encourages students and parents/guardians who believe they have been subjected to discrimination or harassment to promptly report such incidents to designated employees. The Board directs that complaints of discrimination or harassment shall be investigated promptly, and corrective or preventative action be taken for substantiated allegations. Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a complaint, and the investigation shall be maintained, consistent with the district’s legal and investigative obligations. Retaliation The district shall not intimidate, threaten, coerce, discriminate or retaliate against any individual for the purpose of interfering with any right or privilege secured by this policy. Definitions Qualified student with a disability - a student who has a physical or mental disability which substantially limits or prohibits participation in or access to an aspect of the district’s educational programs, nonacademic services or extracurricular activities.[101][112] Section 504 Team - a group of individuals who are knowledgeable about the student, the meaning of the evaluation data and the placement options for the student. This could include, as appropriate, documentation or input from classroom teachers, counselors, psychologists, school nurses, outside care providers and the student’s parents/guardians.[3][78] Section 504 Service Agreement (Service Agreement) - an individualized plan for a qualified student with a disability which sets forth the specific related aids, services, or accommodations needed by the student, which shall be implemented in school, in transit to and from school, and in all programs and procedures, so that the student has equal access to the benefits of the school’s educational programs, nonacademic services, and extracurricular activities.[123]





http://www.law.cornell.edu/cfr/text/28/part-35










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Disability harassment - intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the school’s educational programs, nonacademic services, or extracurricular activities.[130] Delegation of Responsibility In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Director of Student Services as the district’s Section 504 Coordinator.[14] In addition, each school within the district shall have a Section 504 building administrator. The district shall publish and disseminate this policy and complaint procedure on or before the first day of each school year by posting it on the district’s web site, if available, and in the student handbook. The district shall notify parents/guardians of students residing in the district of the district’s responsibilities under applicable laws and regulations, and that the district does not discriminate against qualified individuals with disabilities.[15][16] Guidelines Identification and Evaluation The district shall conduct an annual child find campaign to locate and identify every district student with a disability thought to be eligible for Section 504 services and protections. The district may combine this search with the district’s IDEA child find efforts, in order to not duplicate efforts.[16][17] If a parent/guardian or the district has reason to believe that a student should be identified as a qualified student with a disability, should no longer be identified as a qualified student with a disability, or requires a change in or modification of the student’s current Service Agreement, the parent/guardian or the district shall provide the other party with written notice.[18][19][20] The district shall establish standards and procedures for initial evaluations and periodic re-evaluations of students who need or are believed to need related services because of a disability.[20] The district shall specifically identify the procedures and types of tests used to evaluate a student, and provide the parent/guardian the opportunity to give or withhold consent to the proposed evaluation(s) in writing.[20] The district shall establish procedures for evaluation and placement that assure tests and other evaluation materials:

1. Have been validated and are administered by trained personnel. 2. Are tailored to assess educational need and are not based solely on IQ scores. 3. Reflect aptitude or achievement or anything else the tests purport to measure and do not reflect the

student’s impaired sensory, manual or speaking skills (except where those skills are what is being measured).

Service Agreement If a student is determined to be a qualified student with a disability, the district shall develop a written Service Agreement for the delivery of all appropriate aids, services, or accommodations necessary to provide the student with FAPE.[132] The district shall not implement a Service Agreement until the written agreement is executed by a representative of the district and a parent/guardian.[123]

http://www.law.cornell.edu/cfr/text/34/104.7












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The district shall not modify or terminate a student’s current Service Agreement without the parent’s/guardian’s written consent.[18] Educational Programs/Nonacademic Services/Extracurricular Activities The district shall educate a qualified student with a disability with students who are not disabled to the maximum extent appropriate to the needs of the student with a disability. A qualified student with a disability shall be removed from the regular educational environment only when the district determines that educating the student in the regular educational environment with the use of related aids, services, or accommodations cannot be achieved satisfactorily. Placement in a setting other than the regular educational environment shall take into account the proximity of the alternative setting to the student’s home.[21][22] The district shall not discriminate against any qualified student with a disability in its provision of nonacademic services and extracurricular activities, including but not limited to, counseling services, athletics, transportation, health services, recreational activities, special interest groups or clubs, and referrals to agencies which provide assistance to individuals with disabilities.[21][22][23][24][25][26][27] Parental Involvement Parents/Guardians have the right to inspect and review all relevant school records of the student, meet with the appropriate school officials to discuss any and all issues relevant to the evaluation and accommodations of their child, and give or withhold their written consent to the evaluation and/or the provision of services.[123][19][28][20] Confidentiality of Student Records All personally identifiable information regarding a qualified student with a disability shall be treated as confidential and disclosed only as permitted by the Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, state regulations, and Board policy.[29][30][31][32] Discipline When necessary, the district shall discipline qualified students with disabilities in accordance with state and federal laws and regulations and Board policies.[313][324] Referral to Law Enforcement and Reporting Requirements For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco; or conduct that constitutes an offense listed under the Safe Schools Act.[33][34][35][36][37] The Superintendent or designee shall immediately report required incidents and may report discretionary incidents committed on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity by a qualified student with a disability, including a student for whom an evaluation is pending, to the local police department that has jurisdiction over the school’s property, in accordance with state and federal laws and regulations, the procedures set forth in the memorandum of understanding with local law enforcement, and Board policies. The Superintendent or designee shall respond in a manner that is consistent with the student’s Service Agreement and Behavior Support Plan, if applicable. [11][33][36][37][38][39][10][21][123][29][40][41][31][42][43][44][45][46][47][48][49] In making a determination of whether to notify the local police department of a discretionary incident committed by a qualified student with a disability, including a student for whom an evaluation is pending, the


























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Superintendent or designee shall use the same criteria used for students who do not have a disability. [10][39][48][49][37][47][9][46] For a qualified student with a disability who does not have a Behavior Support Plan as part of the student’s Service Agreement, subsequent to notification to law enforcement, the district, in consultation with the student’s parent/guardian, shall consider whether a Behavior Support Plan should be developed as part of the service Agreement to address the student’s behavior.[123][3840] In accordance with state law, the Superintendent shall annually, by July 31, report to the Office for Safe Schools on the required form all new incidents committed by qualified students with disabilities, including students for whom an evaluation is pending, which occurred on school property, at any school-sponsored activity or on a conveyance providing transportation to or from a school or school-sponsored activity.[346][468]

PROCEDURAL SAFEGUARDS The district shall establish and implement a system of procedural safeguards that includes notice of rights to the parent/guardian of a student suspected of being a qualified student with a disability, an opportunity for the parent/guardian to review relevant records, an impartial hearing with an opportunity for participation by the student’s parent/guardian, and a review procedure.[28][4850] A student or parent/guardian filing a claim of discrimination need not exhaust these procedures prior to initiating court action under Section 504.[19] Parental Request For Assistance Parents/Guardians may file a written request for assistance with the Pennsylvania Department of Education (PDE) if one (1) or both of the following apply:[28]

1. The district is not providing the related aids, services and accommodations specified in the student’s Service Agreement.

2. The district has failed to comply with the procedures and state regulations.

PDE shall investigate and respond to requests for assistance and, unless exceptional circumstances exist, shall, within sixty (60) calendar days of receipt of the request, send to the parents/guardians and district a written response to the request. The response to the parents’/guardians’ request shall be in the parents’/guardians’ native language or mode of communication.[28] Informal Conference At any time, parents/guardians may file a written request with the district for an informal conference with respect to the identification or evaluation of a student, or the student’s need for related aids, services or accommodations. Within ten (10) school days of receipt of the request, the district shall convene an informal conference. At the conference, every effort shall be made to reach an amicable agreement.[28] Formal Due Process Hearing If the matters raised by the district or parents/guardians are not resolved at the informal conference, the district or parents/guardians may submit a written request for an impartial due process hearing. The hearing shall be held before an impartial hearing officer and shall be conducted in accordance with state regulations.[28][4951] Judicial Appeals The decision of the impartial hearing officer may be appealed to a court of competent jurisdiction.[28]





http://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1949&sessInd=0&smthLwInd=0&act=14&chpt=13A&sctn=3&subsctn=0











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COMPLAINT PROCEDURE This complaint procedure is in addition to and does not prevent parents/guardians from using any option in the procedural safeguards system.[910] Step 1 – Reporting A student or parent/guardian who believes s/he has been subject to conduct by any student, employee, or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the Section 504 building administrator. Any person with knowledge of conduct that may violate this policy, is encouraged to immediately report the matter to the Section 504 building administrator. A school employee who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the Section 504 building administrator , as well as properly making any mandatory police or child protective services reports required by law.[52] . If the Section 504 building administrator is the subject of a complaint, the student, parent/guardian or employee shall report the incident directly to the district’s Section 504 building administrator. If the Section 504 building administrator is the subject of a complaint, the student, parent/guardian or employee shall report the incident directly to the district’s Section 504 Coordinator. The complainant or reporting employee may be encouraged to use the district’s report form, available from the Section 504 building administrator or Section 504 Coordinator, or to put the complaint in writing; however, oral complaints shall be accepted, documented and the procedures of this policy implemented. The person accepting the verbal or written complaint may provide factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality and the right to file criminal charges. In all other respects, the person accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or those accused of a violation of this policy. Step 2 – Investigation The Section 504 Coordinator shall ensure that the individual assigned to investigate the complaint has an appropriate understanding of the relevant laws pertaining to discrimination issues and this policy and how to conduct investigations. Upon receiving a complaint of discrimination, the Section 504 building administrator shall immediately notify the district’s Section 504 Coordinator. The Section 504 Coordinator shall authorize the Section 504 building administrator to investigate the complaint, unless the Section 504 building administrator is the subject of the complaint or is unable to conduct the investigation. The investigator shall work with the Section 504 Coordinator to assess the anticipated scope of the investigation, who needs to be interviewed and what records may be relevant to the investigation. The investigator shall conduct an adequate, reliable and impartial investigation. The complainant and the accused may suggest additional witnesses and provide other evidence during the course of the investigation. When the initial complaint involves allegations relating to conduct which took place away from school property, school-sponsored activities or school conveyances, the investigation may include inquiries related to these allegations to determine whether they resulted in continuing effects such as harassment in school settings. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The person making the report, parties, parents/guardians and witnesses


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shall be informed of the prohibition against retaliation for anyone’s participation in the process and that conduct believed to be retaliatory should be reported. All individuals providing statements or other information or participating in the investigation shall be instructed to keep the matter confidential and to report any concerns about confidentiality to the investigator. If the investigation reveals results in a determination that the conduct being investigated may involve a violation of criminal law, the Section 504 building administrator investigator shall promptly notify inform law enforcement authorities about the incident allegations. [10][52][53][54] The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the incident allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to requests for a short delay in fulfilling the district’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation. Step 3 – Investigative Report The Section 504 building administrator investigator shall prepare and submit a written report to the Section 504 Coordinator within fifteen (15) twenty (20) days ofthe initial report of alleged discrimination, unless the nature of the allegations, anticipated extent of the investigation, or the availability of witnesses requies the investigator and the Section 504 Coordinator to establish a different due date. additional time to complete the investigation is required. The parties shall be notified of the anticipated date the investigative report will be completed and of any changes to the anticipated due date during the course of the investigation. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual, the information and evaluation that formed the basis for this determination, whether the conduct violated this policy and of any other violations of law or Board policy which may warrant further district action, and a recommended disposition of the complaint. An investigation into disability harassment shall consider the record as a whole and the totality of circumstances in determining whether a violation of this policy has occurred, recognizing that persistent and pervasive conduct, when taken together, may be a violation even when the separate incidents are not severe. and whether it is a violation of this policy, and a recommended disposition of the complaint. The complainant and the accused shall be informed of the outcome of the investigation,including the recommended disposition.for example, whether the investigator believes the allegations to be founded or unfounded, within a reasonable time of the submission of the written report to the extent authorized by the Family Educational Rights and Privacy Act (FERPA) and other applicable laws. The accused shall not be notified of the individual remedies offered or provided to the complainant.[29][30][31][32] Step 4 – District Action If the investigation results in a finding that some or all of the complaint is factual are established and constitutes a violation of this policy, the district shall take prompt, corrective action designed to ensure that such conduct ceases and that no retaliationwill not recurs. The district shall promptly take appropriate steps to prevent the recurrence of the prohibited conduct and to address the discriminatory effect the prohibited conduct had on the complainant and the school or school program environment. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. The Section 504 Coordinator shall follow up by assessing the effectiveness of the corrective action at reasonable intervals. If the investigation results in a finding that a different policy was violated separately from or in addition to violations of this policy, or that there are circumstances warranting further action, such


http://www.law.cornell.edu/uscode/text/20/1232g

http://www.law.cornell.edu/uscode/text/20/1232g


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matters shall be addressed at the conclusion of this investigation or through disciplinary or other appropriate referrals where further evaluation or investigation is necessary. Disciplinary actions shall be consistent with the Student Code of Student Conduct, Board policies and administrative regulations, district procedures, applicable collective bargaining agreements, and state and federal laws. Appeal Procedure

1. If the complainant or the accused is not satisfied with a finding of no violation of made pursuant to the policy or with the recommended corrective action in the investigative report, s/he may submit a written appeal to the district’s Section 504 Coordinator within fifteen (15) days.

2. The Section 504 Coordinator shall review the investigation and the investigative report and may also conduct a reasonable supplemental investigation to assess the sufficiency and propriety of the prior investigation.

3. The Section 504 Coordinator shall prepare a written response to the appeal withinfifteen (15) twenty (20) days. Copies of the response shall be provided to the complainant, the accused and the Section 504 building administratorinvestigator who conducted the initial investigation.


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104 Nondiscrimination/Discriminatory Harassment – Employment Practices

Authority The Board declares it to be the policy of this district to provide to all persons equal access to all categories of employment in this district, regardless of race, color, age, creed, religion, sex, sexual orientation, sexual identity, ancestry, national origin, handicap/disability, or genetic information. The district shall make reasonable accommodations for identified physical and mental impairments that constitute disabilities, consistent with the requirements of federal and state laws and regulations.[1][2][3][4][5][6][7][8][9][10][11] The Board encourages employees and third parties who believe they or others have been subject to discrimination to promptly report such incidents to designated employees. The Board directs that verbal and written complaints of discrimination shall be investigated promptly, and appropriate corrective action be taken when allegations are substantiated. The Board directs that any complaint of discrimination brought pursuant to this policy shall also be reviewed for conduct which may not be proven discriminatory under this policy but merits review and possible action under other Board policies. [12][13][14] Confidentiality Confidentiality of all parties, witnesses, the allegations, the filing of a complaint, and the investigation shall be handled in accordance with this policy andmaintained, consistent with the district's legal and investigative obligations. Retaliation No reprisals nor The Board prohibits retaliation shall occur as a result of good faith charges of discrimination. against any person for making a report of discrimination or participating in a related investigation or hearing, or opposing practices the person reasonably believes to be discriminatory. A complaint of retaliation shall be handled in the same manner as a complaint of discrimination. Definitions Discriminatory Harassment Harassment by students, employees or third parties on the basis of race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, genetic information, pregnancy or handicap/disability is a form of discrimination and is subject to this policy. A person who is not necessarily an intended victim or target of such harassment but is adversely affected by the offensive conduct may file a report of discrimination on his/her own behalf.[8][15][16][17][18][19] For purposes of this policy, harassment shall consist of unwelcome conduct such as graphic, written, electronic, verbal or nonverbal acts including offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct that may be harmful or humiliating or interfere with a person’s work performance and which relates to an individual's or group’s race, color, age, creed, religion, sex, sexual orientation, ancestry, national origin, marital status, genetic information, pregnancy or handicap/disability when such conduct is:

1. Sufficiently severe, persistent or pervasive; and 2. A reasonable person in the complainant’s position would find that it creates an intimidating,

threatening or abusive work environment such that it deprives or adversely interferes with or limits an individual or group of the ability to participate in or benefit from the services, activities or opportunities offered by a school.

http://www.law.cornell.edu/uscode/text/20/chapter-38




http://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-I

http://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-I

http://www.law.cornell.edu/uscode/text/42/chapter-21F








https://www.eeoc.gov/policy/docs/harassment.html

https://www.eeoc.gov/policy/docs/harassment.html


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For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, nonverbal, written, electronic, graphic or physical conduct of a sexual nature when:

1. Submission to such conduct is made explicitly or implicitly a term or condition of an employee’s status; or

2. Submission to or rejection of such conduct is used as the basis for employment-related decisions affecting an employee; or

3. Such conduct is sufficiently severe, persistent or pervasive that a reasonable person in the complainant’s position would find that it unreasonably interferes with the complainant’s performance at work or otherwise creates an intimidating, hostile, or offensive working environment such that it alters the complainant’s working conditions.

Delegation of Responsibility In order to maintain a program of nondiscrimination practices that is in compliance with applicable laws and regulations, the Board designates the Coordinator of Student Services as the district’s Compliance Officer. All nondiscrimination notices or information shall include the position, office address, telephone number and email address of the Compliance Officer. The Compliance Officer shall publish and disseminate this policy and complaint procedure at least annually to students, parents/guardians, employees and the public to notify them of where and how to initiate complaints under this policy. Nondiscrimination statements shall include the position, office address and telephone number of the Compliance Officer. The Compliance Officer is shall be responsible to ensure adequate monitor the implementation of nondiscrimination procedures in the following areas: are in place, to recommend new procedures or modifications to procedures and to monitor the implementation of nondiscrimination procedures in the following areas:

1. Development of position qualifications, job descriptions and essential job functions. Review - Review of personnel practices and actions for discriminatory bias and compliance with laws against discrimination to include monitoring and recommending corrective measures when appropriate to written position qualifications, job descriptions and essential job functions; recruitment materials and practices; procedures for screening applicants; application and interviewing practices for hiring and promotions; district designed performance evaluations; review of planned employee demotions, non-renewal of contracts, and proposed employee disciplinary actions up to and including termination.

2. Recruitment materials and practices. Training - Provision of training for supervisors and staff to prevent, identify and alleviate problems of employment discrimination.

3. Procedures for screening, interviewing and hiring. Resources - Maintain and provide information to staff on resources available to alleged victims in addition to the school complaint procedure such as making reports to the police, available assistance from domestic violence or rape crisis programs, and community health resources including counseling resources.

4. Promotions. Complaints - Monitor and provide technical assistance to building principals or designees in processing complaints.

5. Disciplinary actions, up to and including terminations.


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The building principal or designee supervisor shall be responsible to promptlycomplete the following duties when receiving upon receipt of a complaint report of discrimination or retaliation from employees or third parties:If

1. If the building principal or supervisor is the subject of the complaint, refer the complainant to the Compliance Officer to carry out these responsibilities.

2. Inform the employee or third party about this policy including of the right to file a complaint and the an investigation of both verbal and writtencomplaints of discrimination procedure.

3. Notify the complainant and the accused of the progress at appropriate stages of the procedure. Provide relevant information on resources available in addition to the school complaint procedure such as making reports to the police, available assistance from domestic violence and rape crisis programs, and community health resources including counseling resources.

4. Refer the complainant to Immediately notify the Compliance Officer if the building principal is the subject of the complaint. The Compliance Officer shall assess whether the investigation should be conducted by the building principal, another employee, the Compliance Officer or an attorney and shall promptly assign the investigation to that individual.

5. After consideration of the allegations and in consultation with the Compliance Officer and other appropriate individuals, promptly implement interim measures as appropriate to protect the complainant and others as necessary from violation of this policy during the course of the investigation.

Guidelines Complaint Procedure – Employee/Third Party Step 1 – Reporting An employee or third party who believes s/he has been subject to conduct by any student, employee, or third party that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal or supervisor.Any person with knowledge of conduct which may violate this policy is encouraged to immediately report the matter to the building principal or supervisor. If the building principal is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. The complainant or reporting employee may be encouraged to use the district’s report form, available from the building principal, supervisor or Compliance Officer, or to put the complaint in writing; however, oral complaints shall be accepted, documented and the procedures of this policy implemented. The person accepting the verbal or written complaint may provide factual information on the complaint and the investigative process, the impact of choosing to seek confidentiality and the right to file criminal charges. In all other respects, the person accepting the complaint shall handle the report objectively, neutrally and professionally, setting aside personal biases that might favor or disfavor the complainant or those accused of a violation of this policy. The complainant is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation The Compliance Officer shall ensure that the individual assigned to investigate the complaint has an appropriate understanding of the relevant laws pertaining to discrimination issues and this policy and how to conduct investigations. The investigator shall work with the Compliance Officer to assess the anticipated scope of the investigation, who needs to be interviewed and what records may be relevant to the investigation.


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The investigator shall conduct an adequate, reliable and impartial investigation. The complainant and the accused may suggest additional witnesses and provide other evidence during the course of the investigation. When the initial complaint involves allegations relating to conduct which took place outside of school or school-sponsored activities, the investigation may include inquiries related to these allegations to determine whether they resulted in continuing effects such as harassment in school settings. Upon receiving a complaint of discrimination, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The person reporting the alleged discrimination, parties, parents/guardians and witnesses shall be informed of the prohibition against retaliation for anyone’s participation in the process and that conduct believed to be retaliatory should be reported. All individuals providing statements or other information or participating in the investigation shall be instructed to keep the matter confidential and to report any concerns about confidentiality to the investigator. If the investigation results in a determination reveals that the conduct being investigated may involve a violation of criminal law, the building principalinvestigator shall promptly notify the Compliance Officer, who shall promptlyinform law enforcement authorities about the incident allegations. [13][20][21] The obligation to conduct this investigation shall not be negated by the fact that a criminal or child protective services investigation of the incident allegations is pending or has been concluded. The investigator should coordinate with any other ongoing investigations of the allegations, including agreeing to requests for a short delay in fulfilling the district’s investigative responsibilities during the fact-finding portion of a criminal or child protective services investigation. Such delays shall not extend beyond the time necessary to prevent interference with or disruption of the criminal or child protective services investigation. Step 3 – Investigative Report The building principal investigator shall prepare and submit a written report to the Compliance Officer within fifteen (15) twenty (20) days of the initial report of alleged discrimination, unless the nature of the allegations, anticipated extent of additional time to complete the investigation or the availability of witnesses requires the investigator and the Compliance Officer to establish a different due date. The parties shall be notified of the anticipated date the investigative report will be completed and of any changes to the anticipated due date during the course of the investigation. is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual, the information and evaluation that formed the basis for this determination, whether the conduct violated this policy and any other violation of law or Board policy which may warrant further district action, and a recommended disposition of the complaint. An investigation into discriminatory harassment or sexual harassment shall consider the record as a whole and the totality of circumstances in determining whether a violation of this policy has occurred, recognizing that persistent and pervasive conduct, when taken together, may be a violation even when the separate incidents are not severe. The complainant and the accused shall be informed of the outcome of the investigation, including the recommended disposition. for example, whether the investigator believes the allegations to be


26

founded or unfounded, within a reasonable time of the submission of the written report. The accused shall not be notified of the individual remedies offered or provided to the complainant. Step 4 – District Action If the investigation results in a finding that some or all of the allegations of the complaint are established and is factual and constitutes a violation of this policy, the school district shall take prompt, corrective action to ensure that such conduct ceases and that no retaliation occurs. will not recur. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. The district shall promptly take appropriate steps to prevent the recurrence of the prohibited conduct and to address the discriminatory effect the prohibited conduct had on the complainant and the school or school program environment. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. The Compliance Officer shall follow up by assessing the effectiveness of the corrective action at reasonable intervals. If an investigation results in a finding that a different law or Board policy was violated separately from or in addition to violations of this policy, or that there are circumstances warranting further action, such matters shall be addressed at the conclusion of this investigation or through disciplinary or other appropriate referrals where further evaluation or investigation is necessary. Disciplinary actions shall be consistent with Board policies and administrative regulations, district procedures, applicable collective bargaining agreements, and state and federal laws. Appeal Procedure

1. If the complainant or the accused is not satisfied with a finding made pursuant to of no violation of the policy or with the recommended corrective action recommended in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) twenty (20) days. If the Compliance Officer investigated the complaint, such appeal shall be made to the Superintendent.

2. The Compliance Officer shall review individual receiving the appeal shall review the investigation and the investigative report and may also conduct or designate another person to conduct a reasonable supplemental investigationto assess the sufficiency and propriety of the prior investigation.

3. The Compliance Officer person handling the appeal shall prepare a written response to the appeal within fifteen (15) twenty (20) days. Copies of the response shall be provided to the complainant, the accused and the building principal investigator who conducted the initial investigation.

104 ATTACHMENT REPORT FORM FOR COMPLAINTS OF

DISCRIMINATION/DISCRIMINATORY HARASSMENT Complainant: _________________________________________________________________________ Home Address: _________________________________________________________________ Phone Number: _______________________________________________________________ School Building: _______________________________________________________________ Date of Alleged Incident(s): ______________________________________________________ Alleged discrimination was based on: (circle those that apply) Race Disability Sexual Orientation


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Gender Age Sexual Identity Ancestry National Origin Color Religion Name of person you believe violated the district’s discrimination/discriminatory harassment policy: _________________________________________________________________ If the alleged discrimination/discriminatory harassment was directed against another person, identify the other person: ___________________________________________________ Describe the incident(s) as clearly as possible, including any graphic, written, electronic, verbal or nonverbal acts (i.e., offensive jokes, slurs, epithets and name-calling, ridicule or mockery, insults or put-downs, offensive objects or pictures, physical assaults or threats, intimidation, or other conduct). Attach additional pages if necessary: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ When and where the alleged incident(s) occurred: _________________________________________ List any witnesses who were present: __________________________________________________________ ______________________________________________________________________________________________________ This complaint is based on my honest belief that ________________________ has discriminated against me or another person. I certify that the information I have provided in this complaint is true, correct and complete to the best of my knowledge. I understand that any false information provided herein is subject to penalties contained in 18 Pa. C.S.A. Sec. 4904, relating to unsworn falsification to authorities. _______________________________________ _______________________ Complainant's Signature Date _______________________________________ _______________________ Received By Date


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140 CHARTER SCHOOLS

Purpose In order to provide students, parents/guardians and community members an opportunity to establish and maintain schools that operate independently from this school district, the Board shall evaluate applications submitted for charter schools located within the district, in accordance with the requirements of law and those established by the Board.[1] The Board shall work cooperatively with individuals and groups submitting proposals and applications for charter schools. Definitions Appeal Board means the State Charter School Appeal Board established by the Charter School Law.[2] Board of Trustees of a charter school shall be classified as public officials.[3] Charter School means an independent, nonsectarian public school established and operated under a charter from the local Board in which students are enrolled or attend. A charter school must be organized as a public, nonprofit corporation; and charters may not be granted to any for-profit entity nor to support home education programs.[2][3][8] Local Board of Directors (Board) means the Board of Directors of the school district in which a proposed or approved charter school is located.[2] Regional Charter School means an independent public school established and operated under a charter from more than one local Board and approved by an affirmative vote of a majority of all Board members of each of the school districts involved.[2][18] Authority The Board shall ensure that each charter school application provides appropriate assurances of compliance with the requirements of Charter School Law, State Board regulations, and any additional requirements established by the Board.[5][6][7] The Board shall evaluate submitted applications for charter schools based on the criteria established by law and any additional criteria, as determined by the Board.[8] A charter school application shall be approved or denied by a majority vote of all Board members at a public meeting, in accordance with the provisions of law. Written notice of the Board's decision shall be sent to the applicant, Department of Education and the Appeal Board, including reasons for denial and a clear description of application deficiencies if the application is denied. The Board shall evaluate denied applications that are revised and resubmitted.[8][9] Upon approval of a charter application, the Board and the charter school's Board of Trustees shall sign the written charter, which shall be binding on both. The charter shall be for a period of three (3) to five (5) years and may be renewed for five-year periods by the Board.[10] The Board shall not cap nor limit the number of district students enrolling in a charter school, unless agreed to by the charter school as part of the written charter.[11] The Board may approve a leave of absence for up to five (5) years for a district employee to work in a charter school located in the district of employment or in a regional charter school in which the employing district is a participant, and the employee shall have the right to return to a comparable position in the district. The



















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Board at its discretion may grant tenure to a temporary professional employee on leave from this district to teach in a charter school located in the district, upon completion of the appropriate probation period.[12] The Board shall annually assess whether each charter school is meeting the goals of its charter and shall require each charter school to submit an annual report no later than August 1 of each year.[13] The Board shall conduct a comprehensive review prior to granting a five-year renewal of the charter.[13] The Board shall have ongoing access to the records and facilities of the charter school to ensure that the charter school is in compliance with its charter, Board policy and applicable laws.[13] In cases where the health or safety of the charter school's students, staff or both is at serious risk, the Board may take immediate action to revoke a charter.[14] The Board affirms that the Board of Trustees and the charter school shall be solely liable for any and all damages and costs of any kind resulting from any legal challenges involving the operation of a charter school. The local Board shall not be held liable for any activity or operation related to the program of a charter school.[15] A charter school shall execute a "hold harmless" agreement indemnifying and insuring/agreeing to defend the school district in any and all kinds of liability areas so that the school district and Board are protected in any litigation related to the operation of a charter school. Delegation of Responsibility Applications for charter schools shall be submitted to the Superintendent or designee, who shall be responsible for communicating and cooperating with all applicants. The Superintendent or designee shall be responsible to assist applicants with plans for technical assistance and contracted services that may be provided by the district. Guidelines A charter school shall be subject to all federal and state laws and regulations prohibiting discrimination in admissions, employment and operation on the basis of disability, race, creed, color, sex, sexual orientation, sexual identity, national origin, religion, ancestry or need for special education services.[3] A charter school shall submit monthly enrollment figures and other required reports to the district, as stated in the charter. Transportation The district shall provide transportation to resident students attending a charter school located in the district, a regional charter school of which the district is a member, and a charter school located within ten (10) miles outside district boundaries, in accordance with distance requirements established for district students.[16] Transportation shall be provided to charter school students on the dates and periods that the charter school is in session, regardless of whether transportation is provided to district students on those days. Applications Applications for charter schools must contain all the information specified in the Charter Schools Law and any additional information required by the Board.[8][17] Applications for charter schools shall be submitted to the Board by November 15 of the school year preceding the school year in which the school will be established.[8]













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Within forty-five (45) days of receipt, the Board shall hold at least one (1) public hearing on the charter application, in accordance with law. At least forty-five (45) days must pass between the first public hearing and the final decision of the Board. No later than seventy-five (75) days after the first public hearing, the Board shall grant or deny the application.[8] Insurance/Risk Management The charter school shall adequately protect against liability and risk through an active risk management program approved by the Board. The program shall include proof of purchase of insurance coverages as required by the Board.[17][15] Minimum coverages and levels of appropriate coverages shall be established in the charter. A charter school shall operate in a manner that minimizes the risk of injury and harm to students, employees and others.





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202 ELIGIBIITY OF NONRESIDENT STUDENTS

Purpose The Board shall operate the schools of this district for the benefit of students residing in this district who are eligible for attendance.[1][2] Authority The Board may permit the admission of nonresident students in accordance with Board policy.[3] The Board shall require that appropriate legal documentation showing dependency or guardianship or a sworn statement of full residential support be filed with the Board Secretary before an eligible nonresident student may be accepted as a student in district schools. The Board may require a resident to submit additional, reasonable information to substantiate a sworn statement, in accordance with guidelines issued by the Department of Education.[4][5] The Board reserves the right to verify claims of residency, dependency and guardianship and to remove from school attendance a nonresident student whose claim is invalid. If information contained in the sworn statement of residential support is found to be false, the student shall be removed from school after notice is given of an opportunity to appeal the student’s removal, in accordance with Board Policy 906, Public Complaints.[4][6] The Board shall not be responsible for transportation to or from school for any nonresident student residing outside school district boundaries. Guidelines Nonresident Children Placed in the District Any child placed in the home of a resident of this district by a court or government agency shall be admitted to district schools and shall receive the same benefits and be subject to the same responsibilities as resident children.[7] Residents of Institutions A child who is living in or assigned to a facility or institution for the care or training of children that is located within the district is not a legal resident of the district by such placement; but s/he shall be admitted to district schools, and a charge shall be made for tuition in accordance with statute.[8][9][11][14][15][16] Future Residents Where the family of a nonresident student enters into an unconditional contract to buy, build or rent a residence in the district before the opening of the school term, such nonresident student shall be entitled to enroll in the district at the beginning of the school term providing the following conditions are met:[12]

1. Proof of the anticipated residency (executed contract) at the time of enrollment. 2. Check in advance for forty-five (45) days tuition which will be returned uncashed providing

occupancy takes place by October 31st of the year enrolled. 3. If occupancy of the resident does not, in fact, occur on or before October 31st, the check will be cashed

and tuition for the next forty-five (45) days will be due and payable in advance. The advance payment of tuition in these increments will continue to occur until residency within the district is established. A refund of advance tuition will be given for any portion of advance payment applicable to the date after residence is established. If residency is not established by the 90thstudent day
















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scheduled on the school calendar, the student may be disenrolled at the discretion of the Superintendent. The Board reserves the right to review any determination of admittance based upon future residency.

Resident Student Who Becomes Nonresident Student A student who becomes a nonresident student during the 2nd semester of any school year may be permitted to finish that semester without payment of tuition.[12] A student who becomes a nonresident student at any time between the opening of the school year and the end of the first semester shall be transferred from the school district at the time of becoming a nonresident, except in the case of a senior. A senior who becomes a nonresident student at any time after the beginning of the school year, may finish the year without payment of tuition. Other Nonresident Students A nonresident student may be admitted to district schools without payment of tuition where attendance is justified on the grounds that the student lives full-time and not just for the school year with district residents who have assumed legal dependency or guardianship or full residential support of the student.[4][5] Tuition Tuition rates shall be determined in accordance with statute. Tuition shall be charged monthly, in advance of attendance. Tuition shall be calculated at such rates and amounts as shall be determined annually by the PA Department of Education under its approved tuition calculation for elementary and secondary education. Parents/Guardians will be responsible for any costs incurred for a specialized program (i.e., vo-tech) that is above the cost of the regular AvonworthSchool District tuition. Delegation of Responsibility The Superintendent or designee shall develop procedures for the enrollment of nonresident students which:

1. Admit such students only on proper application and submission of required documentation by the parent/guardian.

2. Verify claims of residency. 3. Do not exclude any eligible student on the basis of race, creed, color, gender, sexual

orientation, sexual identity, national origin, ancestry, or handicap/disability.[13] 4. Deny admission where the educational facilities or program maintained for district students is

inadequate to meet the needs of the applicant. 5. Make continued enrollment of any nonresident student contingent upon maintaining established

standards of attendance, discipline and academics.

The Superintendent shall recommend to the Board for its approval the admission of qualified applicants. Notwithstanding the foregoing and pursuant to Section 1316 of the PA Public School Code, 1949 as amended, the Avonworth Board of School Directors reserves the right to approve any nonresident pupil admittance to the schools of the district with the payment of tuition on a case-by-case basis.





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218 STUDENT DISCIPLINE

Purpose

The Board finds that student conduct is closely related to learning. An effective educational program requires a

safe and orderly school environment.

Authority

The Board shall establish fair, reasonable and nondiscriminatory rules and regulations regarding the conduct of

all students in the school district during the time they are under the supervision of the school or at any time

while on school property, while present at school-sponsored activities, and while traveling to or from school

and school sponsored activities.[1][2][3][4][5]

The Board shall adopt a Code of Student Conduct to govern student discipline and students shall not be subject

to disciplinary action because of race, gender, color, religion, sexual orientation, sexual identity, national

origin or handicap/disability. Each student must adhere to Board policies and the Code of Student Conduct

governing student discipline.[1][2][4][5][6][7]

The Board prohibits the use of corporal punishment by district staff to discipline students for violations of

Board policies and district rules and regulations.[8]

Any student disciplined by a district employee shall have the right to notice of the infraction.[9]

Suspensions and expulsions shall be carried out in accordance with Board policy.[9]

In the case of a student with a disability, including a student for whom an evaluation is pending, the district

shall take all steps required to comply with state and federal laws and regulations, the procedures set forth in

the memorandum of understanding with local law enforcement and Board policies.[5][10][11][12][13][14]

Off-Campus Activities

This policy shall also apply to student conduct that occurs off school property and would otherwise violate the

Code of Student Conduct if any of the following circumstances exist:[15][16]

1. The conduct occurs during the time the student is traveling to and from school or traveling to and from

school-sponsored activities, whether or not via school district furnished transportation.

2. The student is a member of an extracurricular activity and has been notified that particular off-campus

conduct could result in exclusion from such activities.

3. Student expression or conduct materially and substantially disrupts the operations of the school, or the

administration reasonably anticipates that the expression or conduct is likely to materially and

substantially disrupt the operations of the school.

4. The conduct has a direct nexus to attendance at school or a school-sponsored activity, for example, a

transaction conducted outside of school pursuant to an agreement made in school that would violate

the Code of Student Conduct if conducted in school.

5. The conduct involves the theft or vandalism of school property.

6. There is otherwise a nexus between the proximity or timing of the conduct in relation to the student's

attendance at school or school-sponsored activities.

Delegation of Responsibility

The Superintendent or designee shall ensure that reasonable and necessary rules and regulations are developed

to implement Board policy governing student conduct.











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The Superintendent or designee shall publish and distribute to all staff, students and parents/guardians the rules

and regulations for student behavior contained in the Code of Student Conduct and the sanctions that may be

imposed for violations of those rules, and a listing of students’ rights and responsibilities. A copy of the Code

of Student Conduct shall be available in each school library and school office.[8][7]

The building principal shall have the authority to assign discipline to students, subject to Board policies,

District rules and regulations and to the student's due process right to notice, hearing, and appeal.[17][18]

Teaching staff and other district employees responsible for students shall have the authority to take reasonable

actions necessary to control the conduct of students in all situations and in all places where students are within

the jurisdiction of this Board, and when such conduct interferes with the educational program of the schools or

threatens the health and safety of others.[17]

Reasonable force may be used by teachers and school authorities under any of the following circumstances: to

quell a disturbance, obtain possession of weapons or other dangerous objects, for the purpose of self-defense,

and for the protection of persons or property.[8]

Referral to Law Enforcement and Reporting Requirements

For reporting purposes, the term incident shall mean an instance involving an act of violence; the possession

of a weapon; the possession, use, or sale of a controlled substance or drug paraphernalia as defined in the

Pennsylvania Controlled Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or

tobacco; or conduct that constitutes an offense listed under the Safe Schools Act.[19][20][21]

The Superintendent or designee shall immediately report required incidents and may report discretionary

incidents committed by students on school property, at any school-sponsored activity or on a conveyance

providing transportation to or from a school or school-sponsored activity to the local police department that

has jurisdiction over the school’s property, in accordance with state law and regulations, the procedures set

forth in the memorandum of understanding with local law enforcement and Board

policies.[14][20][19][22][23]

The Superintendent or designee shall notify the parent/guardian of any student directly involved in an incident

as a victim or suspect immediately, as soon as practicable. The Superintendent or designee shall inform the

parent/guardian whether or not the local police department that has jurisdiction over the school property has

been or may be notified of the incident. The Superintendent or designee shall document attempts made to

reach the parent/guardian.[14][19][24]

In accordance with state law, the Superintendent shall annually, by July 31, report all new incidents to the

Office for Safe Schools on the required form.[14][20][25][26][27][28]

The Superintendent shall report to the Board the methods of discipline imposed by administrators and

incidences of student misconduct, in the degree of specificity required by the Board.

















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248 UNLAWFUL HARASSMENT (Pupils)

Purpose The Board strives to provide a safe, positive learning climate for students in the schools. Therefore, it shall be the policy of the district to maintain an educational environment in which harassment in any form is not tolerated. Authority The Board prohibits all forms of unlawful harassment of students and third parties by all district students and staff members, contracted individuals, including transportation personnel, vendors, volunteers, and third parties in the schools. The Board encourages students and third parties who have been harassed to promptly report such incidents to the designated employees.[1][5][6] The Board directs that complaints of harassment shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of harassment. Definitions For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation, sexual identity, or religion when such conduct:[5]

1. Is sufficiently severe, persistent or pervasive that it affects an individual's ability to participate in or benefit from an educational program or activity or creates an intimidating, threatening or abusive educational environment.

2. Has the purpose or effect of substantially or unreasonably interfering with an individual's academic performance.

3. Otherwise adversely affects an individual's learning opportunities.

For purposes of this policy, sexual harassment shall consist of unwelcome sexual advances; requests for sexual favors; and other inappropriate verbal, written, graphic or physical conduct of a sexual nature when:[7]

1. Submission to such conduct is made explicitly or implicitly a term or condition of a student's academic status.

2. Submission to or rejection of such conduct is used as the basis for academic or work decisions affecting the individual.

3. Such conduct deprives a student of educational aid, benefits, services or treatment. 4. Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of

substantially interfering with the student's school performance or creating an intimidating, hostile or offensive educational environment.

Delegation of Responsibility In order to maintain an educational environment that discourages and prohibits unlawful harassment, the Board designates the Coordinator of Student Services as the district's Compliance Officer.[4] The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer.



http://www.legis.state.pa.us/cfdocs/Legis/LI/uconsCheck.cfm?txtType=HTM&yr=1955&sessInd=0&smthLwInd=0&act=0222.




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The administration shall be responsible to provide training for students and employees regarding all aspects of unlawful harassment. Each staff member shall be responsible to maintain an educational environment free from all forms of unlawful harassment. Each student shall be responsible to respect the rights of their fellow students and district employees and to ensure an atmosphere free from all forms of unlawful harassment. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment:

1. Inform the student or third party of the right to file a complaint and the complaint procedure. 2. Inform the complainant that s/he may be accompanied by a parent/guardian during all steps of the

complaint procedure. 3. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 4. Refer the complainant to the Compliance Officer if the building principal is the subject of the

complaint.

Guidelines Complaint Procedure – Student/Third Party Step 1 – Reporting A student or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal or a district employee. A school employee or contracted individual, including transportation personnel who suspects or is notified that a student has been subject to conduct that constitutes a violation of this policy shall immediately report the incident to the building principal. If the building principal is the subject of a complaint, the student, third party or employee shall report the incident directly to the Compliance Officer. The complainant or reporting employee is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Step 3 – Investigative Report The building principal shall prepare and submit a written report to the Compliance Officer within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of


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the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The complainant and the accused shall be informed of the outcome of the investigation, including the recommended disposition of the complaint. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. District staff shall document the corrective action taken and, where not prohibited by law, inform the complainant. Disciplinary actions shall be consistent with the Student Code of Conduct, Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws. If it is concluded that a student has knowingly made a false complaint under this policy, such student shall be subject to disciplinary action. Appeal Procedure

1. If the complainant is not satisfied with a finding of no violation of the policy or with the recommended corrective action in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) days.

2. The Compliance Officer shall review the investigation and the investigative report and may also conduct a reasonable investigation.

3. The Compliance Officer shall prepare a written response to the appeal within fifteen (15) days. Copies of the response shall be provided to the complainant, the accused and the building principal who conducted the initial investigation.

4. The Compliance Officer may confirm, refuse or modify any finding or corrective action as part of the appeal procedure.


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348 UNLAWFUL HARASSMENT (Administrative Employees) Authority The Board strives to provide a safe, positive working climate for its employees. Therefore, it shall be the policy of the district to maintain an employment environment in which harassment in any form is not tolerated. The Board prohibits all forms of unlawful harassment of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages employees and third parties who have been harassed to promptly report such incidents to the designated administrators.[1][2][3][10][11] The Board directs that complaints of harassment shall be investigated promptly, and corrective action taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of harassment. Definitions For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation, sexual identity, or religion when such conduct:[3][10]

1. Is sufficiently severe, persistent or pervasive that it affects an individual's ability to perform job functions or creates an intimidating, threatening or abusive work environment.

2. Has the purpose or effect of substantially or unreasonably interfering with an individual's work performance.

3. Otherwise adversely affects an individual's employment opportunities.


1. Acceptance of such conduct is made, explicitly or implicitly, a term or condition of an individual's continued employment.

2. Submission to or rejection of such conduct is the basis for employment decisions affecting the individual.

3. Such conduct is sufficiently severe, persistent or pervasive that it has the purpose or effect of substantially interfering with the employee's job performance or creating an intimidating, hostile or offensive working environment.

Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgar statements, abusive language, innuendoes, references to sexual activities, overt sexual conduct, or any conduct that has the effect of unreasonably interfering with an employee's ability to work or creates an intimidating, hostile or offensive learning or working environment. Delegation of Responsibility










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In order to maintain a work environment that discourages and prohibits unlawful harassment, the Board designates the Superintendent as the district’s Compliance Officer.[6] The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer. The administration shall be responsible to provide training for students and employees regarding all aspects of unlawful harassment. Each employee shall be responsible to maintain a working environment free from all forms of unlawful harassment. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment:

1. Inform the employee or third party of the right to file a complaint and the complaint procedure.

2. Notify the complainant and the accused of the progress at appropriate stages of the procedure.

3. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint.

Guidelines Complaint Procedure – Employee/Third Party Step 1 – Reporting An employee or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. If the building principal is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. The complainant is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Step 3 – Investigative Report


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The building principal shall prepare and submit a written report to the Compliance Officer within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The complainant and the accused shall be informed of the outcome of the investigation, including the recommended disposition of the complaint. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. District staff shall document the corrective action taken and, when not prohibited by law, inform the complainant. Disciplinary actions shall be consistent with Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws. If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to disciplinary action, including termination.[7][8][9] Appeal Procedure





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448 UNLAWFUL HARASSMENT (Professional Employees) Authority The Board strives to provide a safe, positive working climate for its employees. Therefore, it shall be the policy of the district to maintain an employment environment in which harassment in any form is not tolerated. The Board prohibits all forms of unlawful harassment of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages employees and third parties who have been harassed to promptly report such incidents to the designated administrators.[1][2][3][10][11] The Board directs that complaints of harassment shall be investigated promptly, and corrective action taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of harassment. Definitions For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation, sexual identity, or religion when such conduct:[3][10]








Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes, pin-ups, calendars, objects, graffiti, vulgar statements, abusive language, innuendoes, references to sexual activities, overt sexual conduct, or any conduct that has the effect of unreasonably interfering with an employee's ability to work or creates an intimidating, hostile or offensive learning or working environment. Delegation of Responsibility In order to maintain a work environment that discourages and prohibits unlawful harassment, the Board designates the Superintendent or designee as the district’s Compliance Officer.[6]










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The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer. The administration shall be responsible to provide training for students and district employees regarding all aspects of unlawful harassment. Each employee shall be responsible to maintain a working environment free from all forms of unlawful harassment. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment:

1. Inform the employee or third party of the right to file a complaint and the complaint procedure. 2. Notify the complainant and the accused of the progress at appropriate stages of the procedure. 3. Refer the complainant to the Compliance Officer if the building principal is the subject of the

complaint.

Guidelines Complaint Procedure – Employee/Third Party Step 1 – Reporting An employee or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. If the building principal is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. If the Compliance Officer is the subject, to the Superintendent. The complainant is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Step 3 – Investigative Report The building principal shall prepare a written report within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The complainant and the accused shall be informed of the outcome of the investigation, including the recommended disposition of the complaint.


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Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. District staff shall document the corrective action taken and, when not prohibited by law, inform the complainant. Disciplinary actions shall be consistent with Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws. If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to disciplinary action, including termination.[7][8][9] Appeal Procedure





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548 UNLAWFUL HARASSMENT (Classified Employees) Authority The Board strives to provide a safe, positive working climate for its employees. Therefore, it shall be the policy of the district to maintain an employment environment in which harassment in any form is not tolerated. The Board prohibits all forms of unlawful harassment of employees and third parties by all district students and staff members, contracted individuals, vendors, volunteers, and third parties in the schools. The Board encourages employees and third parties who have been harassed to promptly report such incidents to the designated administrators.[1][2][3][11][12] The Board directs that complaints of harassment shall be investigated promptly, and corrective action be taken when allegations are substantiated. Confidentiality of all parties shall be maintained, consistent with the district's legal and investigative obligations. No reprisals nor retaliation shall occur as a result of good faith charges of harassment. Definitions For purposes of this policy, harassment shall consist of verbal, written, graphic or physical conduct relating to an individual's race, color, national origin/ethnicity, gender, age, disability, sexual orientation, sexual identity, or religion when such conduct:[3][12]








Examples of conduct that may constitute sexual harassment include but are not limited to sexual flirtations, advances, touching or propositions; verbal abuse of a sexual nature; graphic or suggestive comments about an individual's dress or body; sexually degrading words to describe an individual; jokes; pin-ups; calendars; objects; graffiti; vulgar statements; abusive language; innuendoes; references to sexual activities; overt sexual conduct; or any conduct that has the effect of unreasonably interfering with an employee's ability to work or creates an intimidating, hostile or offensive working environment. Delegation of Responsibility










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In order to maintain a work environment that discourages and prohibits unlawful harassment, the Board designates the Coordinator of Student Services as the district's Compliance Officer. If the Compliance Officer is the subject, to the Superintendent. The Compliance Officer shall publish and disseminate this policy and the complaint procedure at least annually to students, parents/guardians, employees, independent contractors, vendors, and the public. The publication shall include the position, office address and telephone number of the Compliance Officer.[7] The administration shall be responsible to provide training for students and employees regarding all aspects of unlawful harassment. Each staff member shall be responsible to maintain a working environment free from all forms of unlawful harassment. The building principal or designee shall be responsible to complete the following duties when receiving a complaint of unlawful harassment:

1. Inform the employee or third party of the right to file a complaint and the complaint procedure.

2. Notify the complainant and the accused of the progress at appropriate stages of the procedure.

3. Refer the complainant to the Compliance Officer if the building principal is the subject of the complaint.

Guidelines Complaint Procedure – Employee/Third Party Step 1 – Reporting An employee or third party who believes s/he has been subject to conduct that constitutes a violation of this policy is encouraged to immediately report the incident to the building principal. If the building principal is the subject of a complaint, the employee or third party shall report the incident directly to the Compliance Officer. The complainant is encouraged to use the report form available from the building principal, but oral complaints shall be acceptable. Step 2 – Investigation Upon receiving a complaint of unlawful harassment, the building principal shall immediately notify the Compliance Officer. The Compliance Officer shall authorize the building principal to investigate the complaint, unless the building principal is the subject of the complaint or is unable to conduct the investigation. The investigation may consist of individual interviews with the complainant, the accused, and others with knowledge relative to the incident. The investigator may also evaluate any other information and materials relevant to the investigation. The obligation to conduct this investigation shall not be negated by the fact that a criminal investigation of the incident is pending or has been concluded. Step 3 – Investigative Report


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The building principal shall prepare a written report within fifteen (15) days, unless additional time to complete the investigation is required. The report shall include a summary of the investigation, a determination of whether the complaint has been substantiated as factual and whether it is a violation of this policy, and a recommended disposition of the complaint. The findings of the investigation shall be provided to the complainant, the accused, and the Compliance Officer. Step 4 – District Action If the investigation results in a finding that the complaint is factual and constitutes a violation of this policy, the district shall take prompt, corrective action to ensure that such conduct ceases and will not recur. Disciplinary actions shall be consistent with Board policies and district procedures, applicable collective bargaining agreements, and state and federal laws.[8][9][10] If it is concluded that an employee has knowingly made a false complaint under this policy, such employee shall be subject to disciplinary action, including termination. Appeal Procedure

1. If the complainant is not satisfied with a finding of no violation of the policy or with the corrective action recommended in the investigative report, s/he may submit a written appeal to the Compliance Officer within fifteen (15) days.




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700 COMMERCIAL ACTIVITIES Purpose The Avonworth School District (“District”) recognizes that public schools provide a potential market for appropriate commercial activities. Approval of proposed commercial activities will depend on whether it will result in substantial benefit to the district, its schools and their respective students, and is consistent with the District’s mission, policies, and goals. Authority The District has the discretion to determine whether to pursue, accept or decline an opportunity to engage in appropriate commercial activities. The factors to be considered by the District include, but are not limited to:

1. The extent to which a commercial opportunity limits or restrains the District’s discretion or its ability to pursue other opportunities.

2. The duration of the arrangement or agreement and the district’s ability/discretion to terminate the arrangement/agreement.

3. The extent to which the commercial opportunity imposes any obligation on the District, either presently or in the future, financial or otherwise and whether the opportunity is subject to conditions acceptable to the District.

4. The extent to which the commercial opportunity constitutes a conflict of interest or creates the appearance of or potential for a conflict of interest.

5. The extent to which the commercial opportunity affects the appearance of District property or disrupts the operation of the District.

Definitions Advertisement - any payment of money or other benefit to the District that requires visual, audio, voice, data, electronic, online, and/or video placement of a name, slogan or product message on a District property or official district publication. Sponsorship - any payment of money or other benefit to the District in exchange for recognition. Exclusive rights contracts - any payment of a premium or provision of some benefit to the District for the right to be a sole provider of a service, advertisement, or product. This term includes limited exclusive rights contracts where more than one (1) provider may supply the same or similar service, advertisement or product. Purchase of goods and services - purchase of services or goods by the district for a product or service required by the District. Guidelines Advertisements Advertisements, as defined by the policy, should comply with the following categories:

1. Advertisements are subject to approval by the Superintendent or his/her designee. 2. Advertising in connection with instructional materials furnished by private sources must be

reasonable, nonintrusive, and noninherent to the content. Such instructional materials must be used in a manner that is consistent with the District’s policies and practices related to curriculum and instruction, controversial issues, and the use of District property.

3. All signs must have District approval. External signs additionally must meet the municipality’s sign code.


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Procedures for advertising will be in accordance with regulations developed by the Superintendent or his/her designee. Exclusive Rights Contracts The Board may, from time to time, consider the approval of an exclusive rights contract if it will result in substantial benefit to the District, its schools and their respective students, and is consistent with the District’s mission, policies, and goals. Any exclusive rights contract requires Board approval. Prohibited Commercial Activities No commercial activity as defined or allowed by this policy shall be associated in any way with the sale of tobacco, alcohol, illegal drugs, or weapons; contain vulgar or plainly offensive, obscene or sexually explicit language; advocate the violation of law or District policy; advance any religious or political organization; promote, favor, or oppose a candidate for elected office or a ballot measure; or be associated with any company or individual whose actions are otherwise in violation of law. Any commercial activity allowed by this policy shall be respectful of all people without regard to their disability, race, color, gender, national origin, ethnicity, sexual orientation, sexual identity, age, religion, marital status, socioeconomic status, cultural background, familial status, physical characteristics, or linguistic characteristics. The District shall provide no personally identifiable data about a student, except as permitted by law. Likewise, no student, in order to participate in a school program or school-sponsored activity, shall be required to provide personally identifiable data to the sponsor of a commercial activity, except as permitted by law.[1][2] Students shall not be required to complete any survey or questionnaire that is designed to provide marketing information to a vendor or business about their interests and preferences for a particular vendor, business, or product.[2]


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808.1 FREE/REDUCED-PRICE MEALS AND FREE MILK Authority The Board shall provide free and reduced-price meals and/or free milk to students in accordance with the terms and conditions of the National School Lunch Program and School Breakfast Program.[1][15] Definition Point of service - the point in the food service operation where a determination can accurately be made that a reimbursable free, reduced-price or paid lunch has been served to any eligible student.[3] Delegation of Responsibility The Coordinator of Student Services shall review applications for free or reduced-price meals and/or free milk and make determinations of eligibility. The Superintendent or designee shall develop and disseminate administrative regulations that establish procedures in accordance with the terms and conditions of the National School Lunch Program and the School Breakfast Program. Administrative regulations should include the following:

1. Application procedures, including procedures for approval, denial and verification of applications. 2. An appeals process for parents/guardians to appeal a district’s decision regarding eligibility. 3. Method of retaining records required by this policy. 4. Procedures for disclosure of information, including what information can be disclosed with or

without consent from the parent/guardian. 5. Procedures for compliance with nondiscrimination practices as well as procedures for receiving and

processing discrimination complaints. 6. Procedures for collecting money from students or parents/guardians eligible for reduced-price meals

because of an outstanding balance in the student’s account. 7. Method by which the district will keep an accurate count of meals served in each building.

Guidelines General Requirements The district shall publish and disseminate information about free and reduced-price meals and/or free milk and the income eligibility guidelines on or before the first day of school by sending a letter to parents/guardians and issuing a public media release to the local news media.[1][4] Application Procedures The district shall provide all parents/guardians with program application forms on or before the first day of school, upon enrollment, or whenever there is a change in eligibility criteria.[1] The district shall approve, deny and verify applications in accordance with state and federal laws and regulations. The district shall inform parents/guardians of their eligibility status. Confidentiality/Disclosure of Eligibility The district shall only release a student’s name, eligibility status, and other information provided on the application, or obtained through direct certification or verification, if disclosure of such information is specifically authorized by law.[1]









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Appeals The district shall establish an appeals process under which a parent/guardian may appeal a decision regarding his/her initial application for benefits, or any subsequent reduction or termination of benefits.[5] Meal Pricing The district shall set reduced-price charges for lunch and breakfast at or below the maximum reduced price allowed by federal regulations and below the full price of lunch or breakfast.[1] The district shall make meal substitutions at no extra charge to eligible students who require such modifications because of a disability.[6][7] Counting/Claiming The district shall be responsible for the establishment and maintenance of the free and reduced-price meals eligibility roster.[8] The district shall implement an approved counting system that provides an accurate count at the point of service of free, reduced-price and paid meals in each building. The district shall claim reimbursement only for reimbursable meals served to eligible students. Records Retention The district shall retain all free and reduced-price meal applications for a minimum of three (3) and not in excess of five (5) years after the final claim is submitted for the fiscal year to which they pertain. If a federal audit is being conducted, records must be kept until the audit is completed.[9][10][11][16][12] The district shall retain production and menu records for the meals they produce for a minimum of three (3) and not in excess of five (5) years.[9][10][6][11] Nondiscrimination The district shall ensure that, in the operation of the free and reduced-price meals and/or free milk programs, no student shall be discriminated against because of race, color, age, creed, religion, sex, sexual orientation, sexual identity, ancestry, national origin, marital status, pregnancy or handicap/disability.[1][13][14][7] The district shall treat students who receive free or reduced-price meals and/or free milk in the same manner as those students who pay full price for their meals. The district shall take such actions as are necessary to ensure that the names of students eligible to receive free or reduced-price meals and/or milk shall not be published, posted, or announced in any manner and there shall be no overt identification by the use of special tokens or tickets or any other means.















Documents

Avonworth School District Pittsburgh, PA 15237 Avonworth ... AGENDA AUG 12... · To approve Ms. Austen Tarabay as a Day-to-Day Substitute Elementary Counselor, commencing August 14,