WEST CHESTER AREA SCHOOL DISTRICT SCHOOL BOARD MEETING
Monday, August 24, 2015 7:30 PM Spellman Administration Building
AGENDA
I. Call to Order ...... Dr. Swalm Salute to the Flag
II. Roll Call...... Ms. Wesley
III. Minutes of the July 27, 2015 School Board Meeting ...... Dr. Swalm
IV. Superintendent’s Report ...... Dr. Scanlon
V. Public Comments on Agenda Items (Sign-in Required) ...... Ms. Wesley
VI. Personnel Recommendations ...... Dr. Ulmer
VII. Approval of Consent Agenda ...... Dr. Swalm
VIII. School Board Reports
Committee Reports
A. Education ...... Mrs. Tiernan * 1. Approval of the Following Study/Excursion trips: -Henderson HS: Girl’s XCountry; Cary NC; Fri.-Sun. 10/2 to 10/4/2015 -Rustin HS: German 9-11; Germany; Tue.-Thur. 6/21/16 to 6/30/16 * 2. Approval to Terminate the Following Activity Account(s): -East HS Faculty Fund Account 3. Approval of the Election of Mark Miller, PSBA President 4. Approval of the Election of Michael Faccinetto, PSBA Vice President 5. Approval of the Election of Larry Feinberg, At-Large Representative (East) Regions 7,8,10,11,15
B. Pupil Services ...... Ms. Chester * 1. Approval of Two Special Education Settlement Agreements
C. Personnel ...... Mr. McCune
D. Property and Finance ...... Mrs. Kaliner * 1. Approval to Submit to PDE PLANCON-K Project Refinancing Documents for G.O.B Series of 2015
Other Reports A. Legislative Liaison and PSBA Report ...... Mr. Binder ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ *Consent Agenda Items
AGENDA Page 2 Monday, August 24, 2015
B. Intermediate Unit ...... Mrs. Tiernan C. Charter/Alternative Schools ...... Mrs. Kaliner D. Policy Review Committee ...... Mr. Binder * 1. Approval of Revised Board Policy 108 Adoption of Textbooks, Second Reading * 2. Approval of Revised Board Policy 108AG1 Guidelines for Textbook Selection and Adoption, Second Reading * 3. Approval of Revised Board Policy 108AG2 Textbook Selection and Adoption Form, Second Reading * 4. Approval of Revised Board Policy 109.1 School Libraries, Second Reading * 5. Approval of Revised Board Policy 109.1AG1 School Libraries, Second Reading * 6. Approval of Revised Board Policy 113 Special Education, Second Reading * 7. Approval of Revised Board Policy 113.1 Discipline of Students with Disabilities, Second Reading * 8. Approval of Revised Board Policy 113.2 Behavior Support for Students with Disabilities, Second Reading * 9. Approval of Revised Board Policy 113.3 Evaluations for Students with Disabilities, Second Reading * 10. Approval of Revised Board Policy 113.4 Confidentiality of Special Education Student, Second Reading * 11. Approval of Revised Board Policy 113.5 Child Find and Screening, Second Reading * 12. Approval of Revised Board Policy 114 Gifted Education, Second Reading * 13. Approval of Revised Board Policy 124 Alternative Instruction Courses, Second Reading * 14. Approval of Revised Board Policy 125 Adult Education, Second Reading * 15. Approval of Revised Board Policy 137 Home Education Programs, Second Reading * 16. Approval of Revised Board Policy 137AG1 Home Education Programs Nondistrict Programs Guidelines, Second Reading * 17. Approval of Revised Board Policy 137AG2 Home Education Programs District Programs Guidelines, Second Reading * 18. Approval of Revised Board Policy 214-Class Rank, Second Reading * 19. Approval of Revised Board Policy 250-Student Recruitment, Second Reading * 20. Approval of Revised Board Policy 304-Employment of District Staff, Second Reading * 21. Approval of Revised Board Policy 304AG1-Hiring Procedure-Employment of Professional Employees, Second Reading * 22. Approval of Revised Board Policy 304AG2-Hiring Procedure-Employment of Administrators, Second Reading * 23. Approval of Revised Board Policy 304AG3-Interview Record, Second Reading * 24. Approval of Revised Board Policy 305-Employment of Substitutes, Second Reading * 25. Approval of Revised Board Policy 305AG1-Guidelines for Substitute Coverage, Second Reading * 26. Approval of Revised Board Policy 313-Evaluation of Employees, Second Reading * 27. Approval of Revised Board Policy 313AG1-Guidelines for Evaluations, Second Reading * 28. Approval of Revised Board Policy 324-Personnel Files, Second Reading * 29. Approval of Revised Board Policy 324AG1-Personnel Files-Records Location Guideline, Second Reading * 30. Approval of Revised Board Policy 328-Compensation Plans/Salary Schedules, Second Reading * 31. Approval of Revised Board Policy 328AG1Guidelines for Pay on Emergency Closing Days,, Second Reading
*Consent Agenda Items
AGENDA Page 3 Monday, August 24, 2015
* 32. Approval of Revised Board Policy 621AG1-Local Taxpayer Bill Of Rights Procedures, Second Reading * 33. Approval of Revised Board Policy 621AG2-Disclosure Statement, Second Reading * 34. Approval of Revised Board Policy 621AG3-Petition for Appeal and Refund, Second Reading * 35. Approval of Revised Board Policy 621AG4-Request for Extension of Time, Second Reading * 36. Approval of Revised Board Policy 621AG5-Initial Refund Claim Form, Second Reading * 37. Approval of Revised Board Policy 625-Procurement Cards, Second Reading * 38. Approval of Revised Board Policy 103.1 NonDiscrimination-Qualified Students with Disabilities, Second Reading * 39. Approval of Revised Board Policy 116 Tutoring, Second Reading * 40. Approval of Revised Board Policy 117 Homebound Instruction, Second Reading * 41. Approval of Revised Board Policy 132 Alternative Education, Second Reading * 42. Approval of Revised Board Policy 210-Use of Medications, Second Reading * 43. Approval of Revised Board Policy 251-Homeless Students, First Reading
IX. Other Business * 1. Approval of School Board Treasurer’s Report and Statement of Disbursements Summary Schedule for the Period of July 1, 2015 to July 31, 2015 * 2. Approval of the July 31, 2015 Financial Report X. Comments from Residents
XI. Adjournment ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
*Consent Agenda Items
WEST CHESTER AREA SCHOOL BOARD—Meeting of July 27, 2015
Documents previously distributed to Board Members are not recopied or submitted with this draft. Minutes of this meeting, in compliance with Section 518 of the School Laws of Pennsylvania and after approval by the School Board Members will be transcribed into the permanent minute book together with reports indicated (copy in). Routine reports and lengthy multi-page documents made a part of the minutes of this meeting are filed separately for permanent record. ~~~~~~~~~~~~~~~~~~~
The West Chester Area School Board met at 7:33 p.m. in the Spellman Administration Building, 829 Paoli Pike, West Chester PA. Dr. Swalm, Board President, called the meeting to order and led the public in the Pledge of Allegiance.
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ROLL CALL Members Present: Mr. Bevilacqua, Mr. Binder, Mrs. Kaliner, Mr. Murphy, Mrs. Snook, Dr. Swalm, Mrs. Tiernan.
Members Absent: Ms. Chester, Mr. McCune
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Approval of Board Minutes BOARD ACTION: It was moved by Mr. Bevilacqua and seconded by Mrs. Tiernan to approve the minutes of the June 22, 2015 School Board Meeting. On roll call vote, all members present voted “aye.” Motion carried 7-0.
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Mr. McCune arrived at 7:37 pm.
~~~~~~~~~~~~~~~~~~~ Public Comments on Agenda Items There were no public comments on agenda items.
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Personnel Recommendations—Dr. Scanlon (copy in)
BOARD ACTION: It was moved by Mr. McCune and seconded by Mr. Binder to approve the Personnel Recommendations as presented. On roll call vote, all members present voted “aye.” Motion carried 8-0.
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CONSENT AGENDA BOARD ACTION: It was moved by Mr. Bevilacqua and seconded by Mr. Murphy to approve the following Consent Agenda Items:
July 27, 2015
A. Education 1. Approval of the Following Study/Excursion trips: -Rustin HS: Marching Band; Camp Ladore; Mon–Fri 8/17 to 8/21/2015 -Henderson HS: Varsity Volleyball; Dallastown HS; Sat.-Sun. 9/5 to 9/6/2015* -Fugett MS: Grade 8 History; New England; Thurs.-Sun. 5/5 to 5/8/2016 -Henderson/East HS: French 10-12; Paris France; Tues.-Thur. 6/21 to 6/30/2016 2. Approval to Establish the Following Activity Account(s): -Rustin HS Student Assistance Account -Rustin HS PE Heart Rate Monitors Account 3. Approval to Terminate the Following Activity Account(s): -Rustin HS Guidance Account -Rustin HS NRG Account
D. Property & Finance 1. Approval of 2015-16 CCIU Marketplace Services Contract 2. Approval of PDE’s Approval Letter for PLANCON-A/Project Justification, Exton Elementary 3. Approval of PDE’s Approval Letter for PLANCON-B/Schematic Design, Exton Elementary
Other Reports
Policy Review Committee
1. Approval of Revised Board Policy 800-Records Management, Second Reading 2. Approval of Revised Board Policy 800 AG1-Records Retention Schedule, Second Reading 3. Approval of Revised Board Policy 800 AG2-Litigation Hold Sample Notification, Second Reading 4. Approval of Revised Board Policy 801-Public Records, Second Reading 5. Approval of Revised Board Policy 801 AG1-Request for Inspection and/or Copies of Public Records, Second Reading 6. Approval of Revised Board Policy 801 AG2-Response to a Request for Access to Public Records, Second Reading 7. Approval of Revised Board Policy 801 AG3-Fee Schedule, Request for Inspection and/or Copies of Public Records, Second Reading 8. Approval of Revised Board Policy 802-School Organization, Second Reading 9. Approval of Revised Board Policy 803-School Calendar, Second Reading 10. Approval of Revised Board Policy 804-School Day, Second Reading 11. Approval of Revised Board Policy 805-Emergency Preparedness, Second Reading 12. Approval of Revised Board Policy 805.1-Relations With Law Enforcement Agencies, Second Reading 13. Approval of Revised Board Policy 806-Child Abuse, Second Reading 14. Approval of Revised Board Policy 807-Opening Exercises/Flag Displays, Second Reading 15. Approval of Revised Board Policy 808 AG1-Cafeteria Charge Policy, Second Reading 16. Approval of Revised Board Policy 811-Bonding, Second Reading 17. Approval of Revised Board Policy 812-Property Insurance, Second Reading 18. Approval of Revised Board Policy 813-Other Insurance, Second Reading 19. Approval of Revised Board Policy 813 AG1-Insurance for Private Vehicles Used in Transporting Students, Second Reading 20. Approval of Revised Board Policy 813 AG2-Student Insurance Program, Second Reading 21. Approval of Revised Board Policy 828-Fraud, Second Reading
July 27, 2015
22. Approval of Revised Board Policy 808-Food Services, Second Reading 23. Approval of Revised Board Policy 814-Copyright Material, Second Reading 24. Approval of Revised Board Policy 814 AG1, Copyright Material Administrative Guideline, Second Reading 25. Approval of Revised Board Policy 815.1-Social Media, Second Reading 26. Approval of Revised Board Policy 815.2-Electronic Communications with Students, Second Reading 27. Approval of Revised Board Policy 815.3-Lending Technology Equipment, Second Reading 28. Approval of Revised Board Policy 815.4-Employee Use of Personal Technology/Electronic Devices, Second Reading 29. Approval of Revised Board Policy 817-Energy Management, Second Reading 30. Approval of Revised Board Policy 818-Contracted Services, Second Reading 31. Approval of Revised Board Policy 822-Automated External Defibrillator (AED) Cardiopulmonary Resuscitation, Second Reading 32. Approval of Revised Board Policy 830-Breach of Computerized Personal Information, Second Reading 33. Approval of Revised Board Policy 901-Public Relations Objectives, Second Reading 34 Approval of Revised Board Policy 903-Public Participation in Board Meetings, Second Reading 35. Approval of Revised Board Policy 904-Public Attendance at School Events, Second Reading 36. Approval of Revised Board Policy 905-Citizen Advisory Committees, Second Reading 37. Approval of Revised Board Policy 906-Compaints-Public, Second Reading 38. Approval of Revised Board Policy 906 AG1-General Complaint Form, Second Reading 39. Approval of Revised Board Policy 906 AG2-Guidelines for Complaints about Instructional Materials, Second Reading 40. Approval of Revised Board Policy 906 AG3-Complaints About Instructional Materials Form, Second Reading 41. Approval of Revised Board Policy 906.1-Complaints-ESEA/Other Federal Programs, Second Reading 42. Approval of Revised Board Policy 907-School Visitors, Second Reading 43. Approval of Revised Board Policy 907 AG1-Guidelines for Classroom, Program, or Service Observations, Second Reading 44. Approval of Revised Board Policy 907 AG2-Parent/Guardian Visitation Observation Request Form, Second Reading 45. Approval of Revised Board Policy 908-Relations with Parents/Guardians, Second Reading 46. Approval of Revised Board Policy 909-Municipal Government Relations, Second Reading 47. Approval of Revised Board Policy 911-News Media Relations Second Reading, 48. Approval of Revised Board Policy 912-Relations with Educational Institutions, Second Reading 49. Approval of Revised Board Policy 912 AG1-Relations with Educational Institutions Guidelines, Second Reading 50. Approval of Revised Board Policy 913-Nonschool Organizations/Groups/Individuals, Second Reading 51. Approval of Revised Board Policy 913 AG1-Nonschool Organizations/Groups/Individuals Guidelines, Second Reading 52. Approval of Revised Board Policy 913.2-Flyer Distribution, Second Reading 53. Approval of Revised Board Policy 914-Relations with Intermediate Unit, Second Reading 54. Approval of Revised Board Policy 915-PTO/HSA Guidelines, Second Reading 55. Approval of Revised Board Policy 915.1-Booster Clubs, Second Reading 56. Approval of Revised Board Policy 915.1 AG1-Annual Booster Club Registration, Second Reading 57. Approval of Revised Board Policy 915.1 AG2-Spectator Code of Conduct, Second Reading 58. Approval of Revised Board Policy 916-School Volunteers, Second Reading 59. Approval of Revised Board Policy 918-Title I Parental Involvement, Second Reading 60. Approval of Revised Board Policy 918 AG1-Title I Parental Involvement Administrative Guideline, Second Reading
July 27, 2015
61. Approval of Revised Board Policy 309-Assignment/Transfer/Promotion, Second Reading 62. Approval of Revised Board Policy 309 AG1-Assignment and Transfer, Second Reading 63. Approval of Revised Board Policy 309 AG2-Staff Transfer Processing Procedure, Second Reading 64. Approval of Revised Board Policy 309 AG3-Teaching Staff Transfer Request, Second Reading 65. Approval of Revised Board Policy 309 AG4-Non-Teaching Staff Transfer Request, Second Reading 66. Approval of Revised Board Policy 309 AG5-Custodial/Maintenance Staff Transfer Request, Second Reading 67. Approval of Revised Board Policy 317 AG1-Conduct/Disciplinary Procedures, Second Reading 68. Approval of Revised Board Policy 338-Sabbatical-Leave, Second Reading 69. Approval of Revised Board Policy 338 AG1-Guidelines for Sabbatical-Leave, Second Reading 70. Approval of Revised Board Policy 338 AG2-Application for Sabbatical-Leave, Second Reading 71. Approval of Revised Board Policy 338.1-Compensated-Professional-Leave, Second Reading 72. Approval of Revised Board Policy 338.1 AG1-Guideline for Compensated-Professional-Leave, Second Reading 73. Approval of Revised Board Policy 338.1 AG2 Application for Compensated-Professional-Leave, Second Reading 74. Approval of Revised Board Policy 913.1-Advertising and Sponsorships, Second Reading 75. Approval of Revised Board Policy 108 Adoption of Textbooks, First Reading 76. Approval of Revised Board Policy 108AG1 Guidelines for Textbook Selection and Adoption, First Reading 77. Approval of Revised Board Policy 108AG2 Textbook Selection and Adoption Form, First Reading 78. Approval of Revised Board Policy 109.1 School Libraries, First Reading 79. Approval of Revised Board Policy 109.1AG1 School Libraries, First Reading 80. Approval of Revised Board Policy 113 Special Education, First Reading 81. Approval of Revised Board Policy 113.1 Discipline of Students with Disabilities, First Reading 82. Approval of Revised Board Policy 113.2 Behavior Support for Students with Disabilities, First Reading 83. Approval of Revised Board Policy 113.3 Evaluations for Students with Disabilities, First Reading 84. Approval of Revised Board Policy 113.4 Confidentiality of Special Education Student, First Reading 85. Approval of Revised Board Policy 113.5 Child Find and Screening, First Reading 86. Approval of Revised Board Policy 114 Gifted Education, First Reading 87. Approval of Revised Board Policy 124 Alternative Instruction Courses, First Reading 88. Approval of Revised Board Policy 125 Adult Education, First Reading 89. Approval of Revised Board Policy 137 Home Education Programs, First Reading 90. Approval of Revised Board Policy 137AG1 Home Education Programs Nondistrict Programs Guidelines, First Reading 91. Approval of Revised Board Policy 137AG2 Home Education Programs District Programs Guidelines, First Reading 92. Approval of Revised Board Policy 214-Class Rank, First Reading 93. Approval of Revised Board Policy 250-Student Recruitment, First Reading 94. Approval of Revised Board Policy 304-Employment of District Staff, First Reading 95. Approval of Revised Board Policy 304AG1-Hiring Procedure-Employment of Professional Employees, First Reading 96. Approval of Revised Board Policy 304AG2-Hiring Procedure-Employment of Administrators, First Reading 97. Approval of Revised Board Policy 304AG3-Interview Record, First Reading 98. Approval of Revised Board Policy 305-Employment of Substitutes, First Reading 99. Approval of Revised Board Policy 305AG1-Guidelines for Substitute Coverage, First Reading 100. Approval of Revised Board Policy 313-Evaluation of Employees, First Reading 101. Approval of Revised Board Policy 313AG1-Guidelines for Evaluations, First Reading
July 27, 2015
102. Approval of Revised Board Policy 324-Personnel Files, First Reading 103. Approval of Revised Board Policy 324AG1-Personnel Files-Records Location Guideline, First Reading 104. Approval of Revised Board Policy 328-Compensation Plans/Salary Schedules, First Reading 105. Approval of Revised Board Policy 328AG1Guidelines for Pay on Emergency Closing Days,, First Reading 106. Approval of Revised Board Policy 621AG1-Local Taxpayer Bill Of Rights Procedures, First Reading 107. Approval of Revised Board Policy 621AG2-Disclosure Statement, First Reading 108. Approval of Revised Board Policy 621AG3-Petition for Appeal and Refund, First Reading 109. Approval of Revised Board Policy 621AG4-Request for Extension of Time, First Reading 110. Approval of Revised Board Policy 621AG5-Initial Refund Claim Form, First Reading 111. Approval of Revised Board Policy 625-Procurement Cards, First Reading 112. Approval of Revised Board Policy 103.1 NonDiscrimination-Qualified Students with Disabilities, First Reading 113. Approval of Revised Board Policy 116 Tutoring, First Reading 114. Approval of Revised Board Policy 117 Homebound Instruction, First Reading 115. Approval of Revised Board Policy 132 Alternative Education, First Reading 116. Approval of Revised Board Policy 210-Use of Medications, First Reading 117. Approval of Revised Board Policy 916AG1-Summary of Clearance Requirements for Volunteers, First Reading 118. Approval of Revised Board Policy 916AG2-School Volunteer Disclosure Form, First Reading
Other Business 1. Approval of School Board Treasurer’s Report and Statement of Disbursements Summary Schedule for the Period of June 1, 2015 to June 30, 2015
WEST CHESTER AREA SCHOOL DISTRICT JULY 27, 2015 STATEMENT OF DISBURSEMENTS SUMMARY For the Period JUNE 1, 2015 - JUNE 30, 2015
GENERAL FUND DISBURSEMENTS 18,548,608.27 includes Technology, Federal Programs and any Special State Funds BILLS PAID 18,548,608.27 INVESTMENTS 0.00
CAPITAL RESERVE FUND 89,434.84
CAPITAL PROJECTS FUND 524,965.63
SPECIAL REVENUE - Athletics 390.43
TRUST FUNDS 143,753.96
CAFETERIA 311,336.04
July 27, 2015
STUDENT ACTIVITY FUND DISBURSEMENTS 20,232.79
TRUST AND AGENCY FUND DISBURSEMENTS 140,902.20
TOTAL DISBURSEMENTS 19,779,624.16
NOTE: A copy of the details of the above disbursements is available for review from the Board Secretary.
2. Approval to Appoint Dr. Rick Swalm and Mrs. Sue Tiernan as Voting Delegates to the PSBA 2015 Delegate Assembly
On roll call vote to approve the above Consent Agenda Items, all members present voted “aye.” Motion carried 8-0.
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Public Comments There were no public comments.
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Dr. Swalm read the following quote “Common sense is the knack of seeing things as they are, and doing things as they ought to be done.” ~Josh Billings
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ADJOURNMENT: BOARD ACTION: On motion by Mr. Bevilacqua and seconded by Mr. Binder, the meeting adjourned at 7:56 p.m. with all members present voting “aye.”
Board Secretary
Recommendation Supplement to the Agenda – August 24, 2015 – p. 1
1. Removal from Payroll a. Resignations
Name Position Type Location Effective Reason 1. Bassler, Areanna RN/LPN Support SWE 8/5/15 Personal Reasons
2. Capobianco, Deborah Tech. Assoc. Support RHS 6/17/15 Personal Reasons
3. DDeitch, Rachelle Science Professional PMS/SM 7/31/15 Personal Reasons
4. Gonzalez-Quijano, Ana ELL Inst’l Asst. Support RHS 6/17/15 Personal Reasons
5. hHumphrey, Kathryn Art Professional FHE 6/17/15 Personal Reasons
6. Lamb, Sean Inst’l Asst. Support FMS 6/17/15 Personal Reasons
7. Sides, Laura Science Professional SMS 6/17/15 Personal Reasons
8. S Studer, Barbara Elementary Professional GAE 8/31/15 Personal Reasons
b. Retirements
Name Position Type Location Effective WCASD Service 1. Money, David Night Custodian Support Spellman 1/4/16 35
2. Additions to Payroll a. Professional Staff: Contract Education / Name Placement Effective Salary Certification/Experience 1. Bender, Jennifer School Psychologist 8/24/15 Level 5 Penn State Univ., BS, 2005 1.0 PMS (MS) Step 5 Immaculata Univ., MS, $55,700 2009 Temporary Educational Specialist II: Professional School Psychologist PK-12 Employee (Non- Tenured) Coatesville Area SD, School Psychologist, 3 yrs., Unionville-Chadds Ford SD, Psychologist LTS, 2.5 yrs., Wilson SD, School Psychologist, .5 yr.
Recommendation Supplement to the Agenda – August 24, 2015 – p. 2
Education / Name Placement Effective Salary Certification/Experience 2. Casey, Brian Emotional Support 8/24/15 Level 5 Cabrini College, BS, 2000 1.0 MCH (MS) Step 5 West Chester Univ., MS, Temporary $55,700 + 2009 Professional $400 Instructional I: Ment Employee (Non- Special Ed and/or Phys Handicapped Tenured) Stipend K-12, Elementary, Mid- Level English, Mid-Level Mathematics Garnet Valley SD, 9th Gr. Learning Support, 14 yrs. 3. Culleton, Alicia Music .3 SMS/.1 8/24/15 Level 1 (BS) Immaculata Univ., BS, 2013 PMS Step 1 Temporary $18,400 Instructional I: Music PK-12 Professional ($46,000 x Employee (Non- .40) Tenured 4. Davis, Kirsten Science .2 PMS/.2 8/24/15 Level 6 (MS Kutztown Univ., BS, 2013 SMS + 15) Step West Chester Univ., MS, Temporary 1 2014 Professional $21,200 Instructional I: Earth & Employee (Non- ($53,000 x Space Science 7-12 Tenured) .40) 5. DeRosa, Gabrielle Grade 6 Science 1.0 8/24/15 Level 2 Penn State University, BS, PMS (BS+12) 2010 Step 4 Temporary $49,700 Instructional I: Elementary, Professional Mid-Level Science 7-9 Employee (Non- Tenured) Holy Family School, Classroom Teacher, 4 yrs. 6. Ducassoux, Michael Music .7 HHS, .3 TBD Level 5 Temple Univ., BM, 2006, PMS (MS) Step 9 Univ. of Valley Forge, MM $60,600 2014 Professional Employee Instructional II: Music (Tenured) Tredyffrin-Easttown SD, Instrumental & Music, 8 yrs 7. Egbert, Mary Math 1.0 EHS 8/24/15 Level 2 Penn State University, BS, (BS+12) 2005 Temporary Step 2 Instructional I: Professional $47,900 Mathematics 7-12, Spanish Employee (Non- Archdiocese of Tenured) Philadelphia, Math & Spanish, 1 yr.
Recommendation Supplement to the Agenda – August 24, 2015 – p. 3
Education / Name Placement Effective Salary Certification/Experience 8. Fishman, Hollis English 1.0 EHS 8/24/15 Level 10 Temple Univ., BS, 2009, (Doc) Step Widener Univ., Juris Doc., Temporary 1 2012, Cabrini College, MS, Professional $59,800 2015 Employee (Non- Tenured) Instructional I: English 7-12
Rose Tree Media SD, English LTS, .5 yr., 9. Keogh, Jessica Special Ed. 1.0 FMS 8/24/15 Level 3 Edinboro University of PA, (BS+24) BS, 2011 Temporary Step 3 Professional $49,800 + Instructional I: Elementary, Employee (Non- $400 Special Education Tenured) Special Ed. Stipend I-Lead Charter School, Sp. Ed. Learning Facilitator, 3 yrs. 10. Morris, Jessica Science 1.0 SMS 8/24/15 Level 1 (BS) Univ. of Pittsburgh, BS, Step 2 2011 Temporary $46,900 Professional Instructional I: Biology, Employee (Non- General Science Tenured) WCASD, Science LTS, 1.5 yrs.
a. Professional Staff: Long Term Substitute Education / Name Placement Effective Salary Certification/Experience 1. Barber, Constance Reading Specialist LTS .5 10/13/15 Level 1 (BS) Western IL Univ., BS, 1984 PWE/.5 FHE Temporary Step 1 Walden Univ., MS, 2009 Professional Employee $46,000 Instructional I: Gr PK-4, (Non- Tenured) Reading Specialist Metamora Grade School, IL, Reading Teacher, 3rd Gr Teacher, 16 yrs.
2. Caldwell, Marissa English LTS 1.0 HHS 8/24/15 Level 1 (BS) West Chester Univ., BS, Temporary Professional Step 1 2011 Employee (Non- $46,000 Instructional I: English 7-12 Tenured)
Recommendation Supplement to the Agenda – August 24, 2015 – p. 4
Education / Name Placement Effective Salary Certification/Experience 3. Elicker, Anne Grade 4 LTS 1.0 PWE 8/24/15 Level 1 (BS) West Chester University, Step 1 BS, 2014 Temporary $46,000 Instructional I: Grades PK-4 Professional Employee (Non-Tenured)
4. Meyer, Matthew Grade 5 LTS 1.0 SWE 8/24/15 Level 1 (BS) Hofstra Univ., BS, 1997, Step 1 Wilmington Univ., MS, Temporary $46,000 2011 Professional Employee (Non-Tenured) Instructional I: Elementary
WCASD, Grade 5 LTS, 1 yr. 5. Meyer, Pamela Grade 3 LTS 1.0 PWE 8/24/15 Level 1 (BS) Univ. of DE, BS, 1992, Step 1 Cabrini College, MS, 1993 Temporary $46,000 Professional Employee Instructional II: Elementary (Non-Tenured) Program Specialist: ELL
Great Valley SD, Grade 2 LTS, 1 yr., Marple Newtown SD, Elementary LTS, 1 yr., Unionville-Chadds Ford SD, Grade 2/3, 7 yrs. 6. Pascale, Jackelyn ELL LTS 1.0 MCH 8/24/15 Level 1 (BS) Univ. of Arizona, BS, 1996 Step 1 Temporary $46,000 Instructional I: Secondary Professional Employee English (7-12), ESL Program (Non-Tenured) Specialist (K-12)
CCIU, Substitute Teacher, 4 yrs., WCASD, LTS, 1 yr. 7. Sandell, Lisa Grade 4 LTS 1.0 MCH 9/7/15 Level 1 (BS) Nova Southeastern Univ. Step 1 BS, 1996 Temporary $46,000 Professional Employee Instructional I: Elementary (Non-Tenured)
8. Schofield, Katharine EDK LTS 1.0 FHE 8/24/15 Level 1 (BS) West Chester Univ., BS, Step 1 2013 Temporary $46,000 Professional Employee Instructional I: PK-4 (Non-Tenured) WCASD, KDG LTS, 1 yr.
Recommendation Supplement to the Agenda – August 24, 2015 – p. 5
Education / Name Placement Effective Salary Certification/Experience 9. Sinkevich, Vanessa Mathematics LTS 1.0 8/24/15 Level 1 (BS) Penn State Univ., BS, SMS Step 1 2004,Wilkes University, $46,000 MS, 2007 Temporary Professional Employee Instructional I: (Non-Tenured) Mathematics 7-12
Haverford Township SD, Math, 2 yrs. 10. Tustin, Kelly Grade 4 LTS 1.0 GAE 8/24/15 Level 1 (BS) Kutztown University, BS, Step 1 2008 Temporary $46,000 Professional Employee Instructional I: Elementary (Non-Tenured) K-6
Chester Community Charter School, Grade 6 Math/Science Teacher, 1 yr. Garnet Valley SD, Grade 6 LTS, 1 yr. 11. Wachenfeld, Amy Grade 1 LTS 1.0 FHE 8/24/15 Level 1 (BS) West Chester Univ., BS, Step 1 2014 Temporary $46,000 Professional Employee Instructional I: Grades PK-4 (Non-Tenured)
b. Support Staff: Contract Name Placement Effective Salary 1. Bossard, Jennifer ELL Instructional 8/25/15 $12.35/hr., Class 1, Step 4 Assistant, 1.0 EBE
2. Gallagher, Lori Technology Associate, 8/25/15 $12.04/hr., Class 1, Step 3 1.0 FMS
c. Support Staff: Substitute
Name Position Rate 1. Correa, Frank Substitute Custodian $15.00/hr.
2. Gray, Glenn Substitute Custodian $15.00/hr.
3. Huntoon,H Nicholas Substitute Custodian $15.00/hr. u
II. Personnel Events a. Status Changes
Recommendation Supplement to the Agenda – August 24, 2015 – p. 6
Name Type Effective From To 1. Ardente, Lauren Professional 8/25/15 Math .4 PMS/.4HHS Math .6 HHS/.4 PMS
2. Dougherty, Jennifer Support 8/10/15 1.0 Inst’l Asst. SMS 1.0 Guidance Secretary RHS
3. Malikowski, Erin Professional 8/24/15 Kdg. .5 EXE (pm) Kdg. .5 EXE (am) Kdg. .5 GAE (pm) 4. Sokolowski, Robert Administrative 9/1/15 Director of Assistant Superintendent, Secondary Spellman Education Salary: $180,000
Approval is requested for the contract of employment for Assistant Superintendent for the period beginning 9/1/15 through 8/31/20, pending final review by the school district solicitor.
b. Transfers Name Type Effective From To 1. Borochaner, Vivian Support 8/25/15 Instructional Assistant Instructional Assistant – – EDK 1.0 EBE EDK 1.0 EGE
2. BBosken, Sandra Support 8/25/15 Instructional Assistant Instructional Assistant – – EDK 1.0 WTE EDK 1.0 FHE
3. Bridgeford, Timyra Support 8/25/15 Instructional Assistant Instructional Assistant – – Special Ed. 1.0 GAE Special Ed. 1.0 FMS
4. Colley, Kara Support 8/25/15 Instructional Assistant Instructional Assistant – – Special Ed. 1.0 WTE Special Ed. 1.0 SMS
5. Diamond, Nicole Professional 8/25/15 Kdg. 1.0 GAE 2nd Grade 1.0 GAE
6. Matelyan, Grace Support 8/25/15 Instructional Assistant Instructional Assistant – – Special Ed. 1.0 HDE Special Ed. 1.0 MCH
7. Missett, Sara Administrative 9/1/15 Director of Director of Secondary Elementary Education Education & Gifted K-8 8. Paxson, Cheryl Support 8/25/15 Instructional Assistant Instructional Assistant – – Special Ed. 1.0 HDE Special Ed. 1.0 HHS
III. Personnel Leaves a. Sabbatical Leave
Name Position Effective Date Ending Date 1. None
b. Unpaid Leave
Recommendation Supplement to the Agenda – August 24, 2015 – p. 7
Name Position Effective Date Ending Date 1. None
IV. Additional Information
1. Sean McGrath’s transfer was effective 4/1/15 2. Terrence Wright’s transfer was effective 6/22/15 3. Joanne Ruse, Librarian, PWE salary should be Level 7 (MS+30), Step 3 - $56,900 4. Approval of contract with Source4teachers/Mission 1 for temporary employee to fill the role of Interim Director of Elementary Education/K-8 Gifted at a rate of $575/day. Temporary Employee: Joy McClendon, effective August 31, 2015.
V. Supplemental Contracts 2015-2016
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Belczyk Mark DIST ADD Annual Non-Athletic 7 100% $ 3,448.00 Webmaster- Elementary Elementary District Honors Belczyk Mary DIST ADD Annual Non-Athletic 33.3% $ 1,104.00 Music District Subject Chair: Health & Bergey Heather DIST ADD Annual Non-Athletic 1 50% $ 2,000.00 PE - High School Level Elementary District Honors Celfo Timothy DIST ADD Annual Non-Athletic 33.3% $ 1,104.00 Music Elementary District Honors Cooper Donna DIST ADD Annual Non-Athletic 50% $ 1,656.00 Music Coordinator For Health Giardiniere Marilee DIST ADD Annual Non-Athletic 1 100% $ 4,000.00 Services Elementary District Honors Gruber Jenna DIST ADD Annual Non-Athletic 50% $ 1,386.00 Music Elementary District Honors Henkels Denise DIST ADD Annual Non-Athletic 50% $ 1,386.00 Music District Subject Chair: Health & Kosic John DIST ADD Annual Non-Athletic 1 50% $ 1,977.50 PE - High School Level Martin Rickey DIST ADD Annual Non-Athletic 4 100% $ 2,944.00 Webmaster- Secondary Matjasic Adrienne DIST ADD Annual Non-Athletic 1 100% $ 2,464.00 Webmaster- Secondary Mcginley Catherine DIST ADD Annual Non-Athletic 3 100% $ 3,941.00 District Health & PE Cale Elementary District Honors Park Adriana DIST ADD Annual Non-Athletic 33.3% $ 1,104.00 Music Patton Keith DIST ADD Annual Non-Athletic 1 100% $ 2,464.00 Webmaster- Elementary Elementary District Honors Shoremount Michael DIST ADD Annual Non-Athletic 50% $ 1,656.00 Music Suarez Jaime DIST ADD Annual Non-Athletic 4 100% $ 2,576.00 District Robotics Brown Sarita EBE ADD Annual Non-Athletic 1 50% $ 1,386.00 Math Advocate Byrne Janice EBE ADD Annual Non-Athletic 3 50% $ 1,458.00 Science Advocate Cook Karen EBE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Cook Karen EBE ADD Annual Non-Athletic 3 50% $ 1,134.00 CCRC Facilitator Cooper Donna EBE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Didomenico Deanne EBE ADD Annual Non-Athletic 1 50% $ 462.00 Safety Patrol Coordinator Didomenico Deanne EBE ADD Annual Non-Athletic 1 50% $ 1,386.00 Science Advocate
Recommendation Supplement to the Agenda – August 24, 2015 – p. 8
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Dougherty Stacey EBE ADD Annual Non-Athletic 1 50% $ 462.00 Safety Patrol Coordinator Henkels Denise EBE ADD Annual Non-Athletic 1 100% $ 616.00 School Chorus Mercurio Harry EBE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Naughton Bette EBE ADD Annual Non-Athletic 4 100% $ 3,429.00 Computer Coordinator Park Adriana EBE ADD Annual Non-Athletic 4 50% $ 762.00 School Orchestra Rand Julie EBE ADD Annual Non-Athletic 4 50% $ 1,421.00 CCRC Facilitator Seifert Mary Jo EBE ADD Annual Non-Athletic 2 50% $ 1,418.00 Math Advocate Twaddle Jr William EBE ADD Annual Athletic 2 100% $ 2,835.00 Intramurals, After School Alexiadis Jennifer EGE ADD Annual Non-Athletic 4 100% $ 2,576.00 CCRC Facilitator Atkinson Nicole EGE ADD Annual Non-Athletic 4 100% $ 762.00 School Chorus Belczyk Mark EGE ADD Annual Non-Athletic 4 50% $ 762.00 School Band Galajda Amanda EGE ADD Annual Non-Athletic 4 100% $ 3,312.00 Math Advocate Gendron Bethany EGE ADD Annual Non-Athletic 4 50% $ 1,656.00 Computer Coordinator Kelly Denise EGE ADD Annual Non-Athletic 4 50% $ 2,576.00 Head Teacher Pellak Megan EGE ADD Annual Non-Athletic 2 100% $ 945.00 Safety Patrol Coordinator Romeika Linda EGE ADD Annual Non-Athletic 4 50% $ 2,667.00 Head Teacher Schmitt Alicia EGE ADD Annual Non-Athletic 4 100% $ 3,312.00 Science Advocate Smyth Erin EGE ADD Annual Non-Athletic 4 50% $ 1,656.00 Computer Coordinator Van Lenten Lynn EGE ADD Annual Non-Athletic 4 50% $ 762.00 School Orchestra Virgilio Edward EGE ADD Annual Athletic 4 100% $ 3,429.00 Intramurals, After School Subject Chair: Special Bennett Laura EHS ADD Annual Non-Athletic 1 100% $ 3,595.00 Education Biddle Jessica EHS ADD Annual Non-Athletic 4 50% $ 1,104.00 Advisor: Sophomore Class Bland Christine EHS ADD Annual Non-Athletic 1 50% $ 3,234.00 Yearbook Bonds Matthew EHS ADD Annual Non-Athletic $34.58 Bus Duty Brennan Beth EHS ADD Annual Non-Athletic 2 50% $ 945.00 Advisor: Junior Class Brien Lauter Heather EHS ADD Annual Non-Athletic $110/WK Saturday School Burke Daniel EHS ADD Annual Non-Athletic $34.58 Bus Duty Advisor: Student Carr Kimberly EHS ADD Annual Non-Athletic 3 50% $ 1,458.00 Council/Senate Carr Kimberly EHS ADD Annual Non-Athletic 3 100% $ 4,007.00 Subject Chair: Language Arts Costin Douglas EHS ADD Annual Non-Athletic $34.58 Bus Duty Gallo Heather EHS ADD Annual Non-Athletic 1 100% $ 3,370.00 Subject Chair: Guidance Gallo John EHS ADD Annual Non-Athletic 3 50% $ 1,296.00 Advisor: Senior Class Gallo John EHS ADD Annual Non-Athletic $34.58 Bus Duty Heim Tracy EHS ADD Annual Non-Athletic 4 100% $ 4,466.00 Advisor: Academic Team Heim Tracy EHS ADD Annual Non-Athletic 3 100% $ 4,345.00 Subject Chair: Social Studies Henderson Ruth EHS ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Competition Jones Brent EHS ADD Annual Non-Athletic $34.58 Bus Duty Keenan Collette EHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Sophomore Class King Robert EHS ADD Annual Non-Athletic 1 100% $ 3,685.00 Subject Chair: Science Lill Carol EHS ADD Annual Non-Athletic 4 100% $ 3,312.00 Advisor: DECA Lindsay Charles EHS ADD Annual Non-Athletic $34.58 Bus Duty Lorback Todd EHS ADD Annual Non-Athletic $34.58 Bus Duty Martin Sean EHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Freshman Class May Christopher EHS ADD Annual Non-Athletic $110/WK Saturday School Mclain Becky EHS ADD Annual Non-Athletic 4 50% $ 1,423.00 Detention Room Supervisor Mclain Becky EHS ADD Annual Non-Athletic $110/WK Saturday School Miller Linda EHS ADD Annual Non-Athletic 1 50% $ 3,234.00 Yearbook Mitchell Richard EHS ADD Annual Non-Athletic $34.58 Bus Duty Mitchell Richard EHS ADD Annual Non-Athletic 4 100% $ 3,048.00 Literary Magazine Moreno- Advisor: Student Davis Erica EHS ADD Annual Non-Athletic 4 50% $ 1,940.00 Council/Senate Moreno- Davis Erica EHS ADD Annual Non-Athletic 1 100% $ 3,640.00 Subject Chair: World Language Niedziejko Joseph EHS ADD Annual Non-Athletic 4 100% $ 4,572.00 Newspaper Sponsor Otto Lauren EHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Freshman Class Owens Dean EHS ADD Annual Non-Athletic $34.58 Bus Duty
Recommendation Supplement to the Agenda – August 24, 2015 – p. 9
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Pribish Jessica EHS ADD Annual Non-Athletic $34.58 Bus Duty Rattigan Sara EHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Advisor: Senior Class Rattigan Sara EHS ADD Annual Non-Athletic $110/WK Saturday School Rightmyer Jennifer EHS ADD Annual Non-Athletic 1 50% $ 2,845.00 Detention Room Supervisor Robertson Julie EHS ADD Annual Non-Athletic 3 100% $ 4,074.00 Subject Chair: Math Rohe Roxana EHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Junior Class Scelsa Meredith EHS ADD Annual Non-Athletic 3 100% $ 3,548.00 Subject Chair: Health & PE Schlamb Nathan EHS ADD Annual Non-Athletic 4 100% $ 2,576.00 Assistant: Academic Team Selke Lorraine EHS ADD Annual Non-Athletic 1 100% $ 7,084.00 Marching Band: Director Zadrozny Arthur EHS ADD Annual Non-Athletic 4 100% $ 2,576.00 National Honor Society Alder Karen EXE ADD Annual Non-Athletic 1 100% $ 2,156.00 CCRC Facilitator Binkley William EXE ADD Annual Non-Athletic 4 50% $ 1,524.00 School Orchestra Buckel Christina EXE ADD Annual Non-Athletic 4 100% $ 3,429.00 Science Advocate Falkner Jessica EXE ADD Annual Non-Athletic 1 100% $ 924.00 Safety Patrol Coordinator Fuette Kenneth EXE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Klingler James EXE ADD Annual Non-Athletic 4 100% $ 736.00 School Chorus Mcgaughey Carolyn EXE ADD Annual Non-Athletic 1 100% $ 2,782.00 Math Advocate Miller Robert EXE ADD Annual Athletic 4 100% $ 3,429.00 Intramurals, After School Taylor Tammy EXE ADD Annual Non-Athletic 4 100% $ 3,429.00 Computer Coordinator Turner Kerri EXE ADD Annual Non-Athletic 4 100% $ 5,334.00 Head Teacher Belczyk Mary FHE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Orchestra Coulter Kathleen FHE ADD Annual Non-Athletic 3 50% $ 1,134.00 CCRC Facilitator Cullen Stephanie FHE ADD Annual Non-Athletic 3 100% $ 2,916.00 Computer Coordinator Duncan Megan FHE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Dzielawa Shawn FHE ADD Annual Non-Athletic 3 50% $ 1,458.00 Math Advocate Garvey Heather FHE ADD Annual Non-Athletic 4 50% $ 1,714.50 Science Advocate Gray Susan FHE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Gruber Jenna FHE ADD Annual Non-Athletic 2 100% $ 630.00 School Chorus Markle Meghan FHE ADD Annual Non-Athletic 1 50% $ 1,386.00 Science Advocate Mulvey Joseph FHE ADD Annual Non-Athletic 1 50% $ 1,386.00 Math Advocate Pettigrew Claire FHE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Usilton Michael FHE ADD Annual Non-Athletic 4 100% $ 3,879.00 Intramurals, After School Watson Lauren FHE ADD Annual Non-Athletic 4 100% $ 1,104.00 Safety Patrol Coordinator Winfield Carrie FHE ADD Annual Non-Athletic 4 50% $ 1,288.00 CCRC Facilitator Bowen Malina FMS ADD Annual Non-Athletic 4 100% $ 3,048.00 Advisor: Student Activities Subject Chair: Special Estrada Jennifer FMS ADD Annual Non-Athletic 2 100% $ 2,415.00 Education Hill Matthew FMS ADD Annual Non-Athletic 2 50% $ 1,102.50 Drama Sponsor Lenderman Stefanie FMS ADD Annual Non-Athletic 2 100% $ 1,260.00 Team Leader Mccauley William FMS ADD Annual Non-Athletic 4 100% $ 2,764.00 Subject Chair: Social Studies Miller Kelly FMS ADD Annual Non-Athletic 1 100% $ 2,110.00 Subject Chair: Math Miller Kelly FMS ADD Annual Non-Athletic 4 100% $ 1,472.00 Team Leader Montgomery Kerry FMS ADD Annual Non-Athletic 2 100% $ 2,505.00 Subject Chair: Science Morales Carol FMS ADD Annual Non-Athletic 4 100% $ 1,524.00 Team Leader Nefos Frank FMS ADD Annual Non-Athletic 4 100% $ 381.00 Newspaper Issue Nefos Frank FMS ADD Annual Non-Athletic 1 100% $ 1,232.00 Team Leader Page Christine FMS ADD Annual Non-Athletic 4 100% $ 1,524.00 Team Leader Peters Rebecca FMS ADD Annual Non-Athletic 1 100% $ 1,232.00 Team Leader Pillagalli Michael FMS ADD Annual Non-Athletic 4 100% $ 2,667.00 Yearbook Prilutski Katherine FMS ADD Annual Non-Athletic 1 50% $ 2,156.00 Drama Sponsor Saundurs Todd FMS ADD Annual Non-Athletic 4 100% $ 2,286.00 Math Counts Snow Karen FMS ADD Annual Non-Athletic 1 100% $ 2,845.00 Detention Room Supervisor Swift Thomas FMS ADD Annual Non-Athletic 4 100% $ 13,716.00 Athletic Manager Mary Trainor Regina (MJ) FMS ADD Annual Non-Athletic 3 100% $ 2,841.00 Subject Chair: Language Arts Trombley Joanne FMS ADD Annual Non-Athletic 4 100% $ 3,429.00 Science Olympiad Voois Judy FMS ADD Annual Non-Athletic 4 100% $ 1,143.00 Jazz Band Voois Judy FMS ADD Annual Non-Athletic 1 100% $ 1,232.00 Team Leader
Recommendation Supplement to the Agenda – August 24, 2015 – p. 10
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Besselman Patricia GAE ADD Annual Non-Athletic 2 50% $ 1,418.00 Computer Coordinator Binkley William GAE ADD Annual Non-Athletic 4 50% $ 1,524.00 School Orchestra Edmonds Deborah GAE ADD Annual Non-Athletic 2 100% $ 630.00 School Chorus Fuette Kenneth GAE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Norton A GAE ADD Annual Non-Athletic 4 50% $ 2,576.00 Head Teacher Norton A GAE ADD Annual Non-Athletic 1 100% $ 924.00 Safety Patrol Coordinator Ousey Christopher GAE ADD Annual Non-Athletic 4 50% $ 1,715.00 Computer Coordinator Ousey Christopher GAE ADD Annual Non-Athletic $34.58 Bus Duty Ousey Christopher GAE ADD Annual Non-Athletic 3 50% $ 2,268.00 Head Teacher Root Kara GAE ADD Annual Non-Athletic 4 100% $ 2,576.00 CCRC Facilitator Rude Cheryl GAE ADD Annual Non-Athletic 4 100% $ 3,429.00 Math Advocate Virtue-Baer Jennifer GAE ADD Annual Non-Athletic 4 100% $ 3,429.00 Science Advocate Belczyk Mark HDE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Dewitt Kathy HDE ADD Annual Non-Athletic 4 100% $ 2,842.00 CCRC Facilitator Giovan Harry HDE ADD Annual Non-Athletic 4 100% $ 762.00 School Chorus Rapoport Renee HDE ADD Annual Non-Athletic 4 100% $ 5,152.00 Head Teacher Roberts Christine HDE ADD Annual Non-Athletic 4 100% $ 3,429.00 Computer Coordinator Selke Maria HDE ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Advocate Thomas Amy HDE ADD Annual Non-Athletic 2 100% $ 2,835.00 Math Advocate Van Lenten Lynn HDE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Orchestra Viggiano Matthew HDE ADD Annual Non-Athletic 3 100% $ 2,916.00 Intramurals, After School Abbott Heidi HHS ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Competition Anderson William HHS ADD Annual Non-Athletic 3 50% $ 1,134.00 National Honor Society Anderson William HHS ADD Annual Non-Athletic 4 50% $ 2,286.00 Newspaper Sponsor Bender Elizabeth HHS ADD Annual Non-Athletic $110/WK Saturday School Boosz Janet HHS ADD Annual Non-Athletic 1 100% $ 3,670.00 Subject Chair: World Language Bott Jeffrey HHS ADD Annual Non-Athletic 1 50% $ 1,708.00 Subject Chair: Health & PE Boyer Kathleen HHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Junior Class Clay Charles HHS ADD Annual Non-Athletic $34.58 Bus Duty Clay Charles HHS ADD Annual Non-Athletic 1 100% $ 3,595.00 Subject Chair: Language Arts Clay Charles HHS ADD Annual Non-Athletic 1 100% $ 7,728.00 Yearbook Coley Daniel HHS ADD Annual Non-Athletic 3 50% $ 2,106.00 Musical: Music Director Subject Chair: Special Corr Maureen HHS ADD Annual Non-Athletic 1 100% $ 3,505.00 Education Donley Dean HHS ADD Annual Non-Athletic $34.58 Bus Duty Donley Dean HHS ADD Annual Non-Athletic 1 50% $ 1,708.00 Subject Chair: Health & PE Finch James HHS ADD Annual Non-Athletic $34.58 Bus Duty Gamble Morgan HHS ADD Annual Non-Athletic 2 50% $ 1,733.00 Advisor: Freshman Class Gamble Morgan HHS ADD Annual Non-Athletic 1 100% $ 3,370.00 Subject Chair: Guidance Hawkins Joseph HHS ADD Annual Non-Athletic 4 80% $ 3,827.00 Musical: Drama Director Heintz Jonathan HHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Sophomore Class Hohwald Joan HHS ADD Annual Non-Athletic 3 100% $ 3,932.00 Subject Chair: Math Jakubowski Candy HHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Freshman Class Kelly Kevin HHS ADD Annual Non-Athletic $34.58 Bus Duty Kennedy Kimberly HHS ADD Annual Non-Athletic 3 50% $ 1,296.00 Advisor: Senior Class Kozak Bruce HHS ADD Annual Non-Athletic 4 100% $ 2,667.00 Assistant: Academic Team Kozak Bruce HHS ADD Annual Non-Athletic 4 100% $ 2,845.00 Detention Room Supervisor Advisor: Student Linton Elizabeth HHS ADD Annual Non-Athletic 2 100% $ 1,418.00 Council/Senate Linton Elizabeth HHS ADD Annual Non-Athletic 3 20% $ 842.00 Musical: Drama Director O'Connor Stuart HHS ADD Annual Non-Athletic $34.58 Bus Duty Orlando Kevin HHS ADD Annual Non-Athletic 3 100% $ 4,060.00 Subject Chair: Science Pierce Edward HHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Literary Magazine Polcini Nick HHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Advisor: Senior Class Rowe Wlodarczyk Kelly HHS ADD Annual Non-Athletic 4 50% $ 1,104.00 Advisor: Sophomore Class Sharp Whitney HHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Junior Class Sobieck Stephen HHS ADD Annual Non-Athletic 4 100% $ 4,191.00 Advisor: Academic Team
Recommendation Supplement to the Agenda – August 24, 2015 – p. 11
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Sok Peter HHS ADD Annual Non-Athletic $34.58 Bus Duty Thomas John HHS ADD Annual Non-Athletic $110/WK Saturday School Truong Stan HHS ADD Annual Non-Athletic 4 50% $ 1,288.00 National Honor Society Truong Stan HHS ADD Annual Non-Athletic 4 50% $ 2,208.00 Newspaper Sponsor Umile Marc HHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Literary Magazine Webber Melissa HHS ADD Annual Non-Athletic 4 100% $ 3,654.00 Advisor: DECA Belczyk Mary MHE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Orchestra Benfield Jason MHE ADD Annual Non-Athletic 1 100% $ 2,156.00 CCRC Facilitator Flynn Danielle MHE ADD Annual Non-Athletic 3 100% $ 2,916.00 Computer Coordinator Giuliano Robin MHE ADD Annual Non-Athletic 4 100% $ 3,312.00 Math Advocate Litzenberg Mary MHE ADD Annual Non-Athletic 4 100% $ 1,143.00 Safety Patrol Coordinator Litzenberg Mary MHE ADD Annual Non-Athletic 4 100% $ 762.00 School Chorus Maglio John MHE ADD Annual Non-Athletic 3 50% $ 2,268.00 Head Teacher Mcgeehin Rosemary MHE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Mcginley Catherine MHE ADD Annual Non-Athletic 4 100% $ 3,312.00 Intramurals, After School Pettigrew Claire MHE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Wackerman Barbara MHE ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Advocate Atkins, Jr. John PMS ADD Annual Non-Athletic 1 50% $ 1,230.00 Subject Chair: Science Atkins, Jr. John PMS ADD Annual Non-Athletic $34.58 Bus Duty Best Beth PMS ADD Annual Non-Athletic 2 100% $ 1,890.00 Math Counts Brandon Louise PMS ADD Annual Non-Athletic 4 100% $ 1,624.00 Team Leader Cimino Nicole PMS ADD Annual Non-Athletic 1 100% $ 6,468.00 Yearbook Crilley Danielle PMS ADD Annual Non-Athletic 4 100% $ 1,524.00 Team Leader Curay-Cramer Michele PMS ADD Annual Non-Athletic 3 100% $ 2,843.00 Subject Chair: Language Arts Diffendall Cindy PMS ADD Annual Non-Athletic 4 100% $ 1,524.00 Team Leader Erbe Patricia PMS ADD Annual Non-Athletic $34.58 Bus Duty Erbe Patricia PMS ADD Annual Non-Athletic 4 100% $ 368.00 Detention Room Supervisor Haggerty Amberlee PMS ADD Annual Non-Athletic 4 100% $ 368.00 Newspaper Issue Hoopes Myers Megan PMS ADD Annual Non-Athletic 1 50% $ 1,232.00 Advisor: Student Activities Jenkins Stephen PMS ADD Annual Non-Athletic 4 100% $ 1,524.00 Team Leader Kimberling Douglas PMS ADD Annual Non-Athletic 4 100% $ 3,654.00 Science Olympiad Kreamer Jonathan PMS ADD Annual Non-Athletic 3 100% $ 2,268.00 Drama Sponsor Martin Rickey PMS ADD Annual Non-Athletic 1 100% $ 1,232.00 Team Leader Martin Rickey PMS ADD Annual Non-Athletic 3 50% $ 2,612.00 Subject Chair: Science Shollenberger Kyle PMS ADD Annual Non-Athletic 4 100% $ 1,143.00 Jazz Band Virgilio Sam PMS ADD Annual Non-Athletic 4 100% $ 13,716.00 Athletic Manager Weaver Tara PMS ADD Annual Non-Athletic 4 50% $ 1,472.00 Advisor: Student Activities Whitehead Heather PMS ADD Annual Non-Athletic $34.58 Bus Duty Subject Chair: Special Whittingham Kelly PMS ADD Annual Non-Athletic 1 100% $ 2,415.00 Education Yanushefski Alex PMS ADD Annual Non-Athletic 3 100% $ 2,612.00 Subject Chair: Social Studies Celfo Timothy PWE ADD Annual Non-Athletic 2 100% $ 1,260.00 School Orchestra Cermignano Brian PWE ADD Annual Non-Athletic 3 100% $ 972.00 Safety Patrol Coordinator Davis Caroline PWE ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Advocate Greene Jennifer PWE ADD Annual Non-Athletic 1 50% $ 2,156.00 Head Teacher Mangold Linda PWE ADD Annual Non-Athletic 2 100% $ 2,835.00 Computer Coordinator Mangold Linda PWE ADD Annual Non-Athletic 4 100% $ 736.00 School Chorus Modric John PWE ADD Annual Non-Athletic 4 100% $ 1,472.00 School Band Ray Kristin PWE ADD Annual Non-Athletic 4 50% $ 2,576.00 Head Teacher Zacharkiw Susan PWE ADD Annual Non-Athletic 2 100% $ 2,835.00 Math Advocate Zanikos Elaine PWE ADD Annual Non-Athletic $34.58 Bus Duty Acchione John RHS ADD Annual Non-Athletic 2 100% $ 3,898.00 Subject Chair: Math Alvanitakis Bobbie RHS ADD Annual Non-Athletic 3 100% $ 3,420.00 Subject Chair: Guidance Alvanitakis John RHS ADD Annual Non-Athletic $34.58 Bus Duty Advisor: Student Arndt Michael RHS ADD Annual Non-Athletic 1 50% $ 1,386.00 Council/Senate Arscott Joseph RHS ADD Annual Non-Athletic $34.58 Bus Duty
Recommendation Supplement to the Agenda – August 24, 2015 – p. 12
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Bane Kelly RHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Freshman Class Byerly Scott RHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Advisor: Senior Class Byerly Scott RHS ADD Annual Non-Athletic $34.58 Bus Duty Byerly Scott RHS ADD Annual Non-Athletic 4 100% $ 4,784.00 Musical: Drama Director Byrd James RHS ADD Annual Non-Athletic 4 96% $ 3,180.00 Science Competition Chessock Amy RHS ADD Annual Non-Athletic 2 100% $ 2,205.00 Assistant: Academic Team Chessock Amy RHS ADD Annual Non-Athletic $110/wk Saturday School Chessock Amy RHS ADD Annual Non-Athletic 3 100% $ 4,074.00 Subject Chair: Social Studies Clark David RHS ADD Annual Non-Athletic 1 50% $ 1,078.00 National Honor Society Doyle Nicole RHS ADD Annual Non-Athletic 4 50% $ 1,104.00 Advisor: Sophomore Class Fisher Jenna RHS ADD Annual Non-Athletic 3 50% $ 1,774.00 Subject Chair: Health & PE Freese Kimberly RHS ADD Annual Non-Athletic 4 50% $ 2,208.00 Newspaper Sponsor Gallagher Sarah RHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Literary Magazine Hammond Marissa RHS ADD Annual Non-Athletic 1 50% $ 1,705.00 Subject Chair: Health & PE Harkins Brad RHS ADD Annual Non-Athletic $34.58 Bus Duty Harrison IV Theodore RHS ADD Annual Non-Athletic $34.58 Bus Duty Hutchinson Glen RHS ADD Annual Non-Athletic 4 50% $ 1,104.00 Advisor: Junior Class Hutchinson Glen RHS ADD Annual Non-Athletic 4 100% $ 2,845.00 Detention Room Supervisor Koepke Katherine RHS ADD Annual Non-Athletic 2 50% $ 945.00 Advisor: Junior Class Leclerc Shirley RHS ADD Annual Non-Athletic $34.58 Bus Duty Mccarter Christine RHS ADD Annual Non-Athletic 4 50% $ 1,104.00 Advisor: Sophomore Class Mccarter Christine RHS ADD Annual Non-Athletic 2 100% $ 2,205.00 Advisor: DECA Mccarter Christine RHS ADD Annual Non-Athletic $34.58 Bus Duty Melbourne Robyn RHS ADD Annual Non-Athletic 4 100% $ 4,048.00 Advisor: Academic Team Menzel Laura RHS ADD Annual Non-Athletic 3 100% $ 4,060.00 Subject Chair: Science Miske Brittany RHS ADD Annual Non-Athletic 1 50% $ 924.00 Advisor: Freshman Class Reyna Christopher RHS ADD Annual Non-Athletic 4 50% $ 2,208.00 Newspaper Sponsor Shoremount Michael RHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Advisor: Senior Class Shoremount Michael RHS ADD Annual Non-Athletic 4 100% $ 8,464.00 Marching Band: Director Subject Chair: Special Solis Augusta RHS ADD Annual Non-Athletic 3 100% $ 3,874.00 Education Suarez Jaime RHS ADD Annual Non-Athletic 1 50% $ 1,078.00 National Honor Society Suarez Jaime RHS ADD Annual Non-Athletic 4 4% $ 132.00 Science Competition Taglang Matthew RHS ADD Annual Non-Athletic 1 100% $ 3,505.00 Subject Chair: World Language Turley Abigail RHS ADD Annual Non-Athletic 4 50% $ 1,472.00 Literary Magazine Turley Abigail RHS ADD Annual Non-Athletic 3 100% $ 3,804.00 Subject Chair: Language Arts Advisor: Student Winfield Mark RHS ADD Annual Non-Athletic 4 50% $ 1,656.00 Council/Senate Becker Robert SMS ADD Annual Non-Athletic 4 100% $ 3,429.00 Science Olympiad Braid Susan SMS ADD Annual Non-Athletic 4 100% $ 1,472.00 Team Leader Cavuto Jeanne SMS ADD Annual Non-Athletic 4 100% $ 2,208.00 Math Counts Claffey Cynthia SMS ADD Annual Non-Athletic 4 100% $ 368.00 Newspaper Issue Corcoran William SMS ADD Annual Non-Athletic 4 100% $ 14,616.00 Athletic Manager Decker Rosemary SMS ADD Annual Non-Athletic 3 100% $ 2,612.00 Subject Chair: Social Studies Decker Rosemary SMS ADD Annual Non-Athletic 4 100% $ 1,472.00 Team Leader Dougherty Jennifer SMS ADD Annual Non-Athletic 2 50% $ 1,103.00 Drama Sponsor Gomez Tracy SMS ADD Annual Non-Athletic 4 100% $ 2,576.00 Yearbook Green Patricia SMS ADD Annual Non-Athletic 3 100% $ 2,865.00 Subject Chair: Math Green Patricia SMS ADD Annual Non-Athletic 4 100% $ 1,724.00 Team Leader Holladay Colleen SMS ADD Annual Non-Athletic 4 100% $ 3,048.00 Advisor: Student Activities Kelley Donald SMS ADD Annual Non-Athletic 4 100% $ 1,293.00 Jazz Band Loescher- Velazquez David SMS ADD Annual Non-Athletic 4 100% $ 1,472.00 Team Leader Logan Andrew SMS ADD Annual Non-Athletic 4 100% $ 1,472.00 Team Leader Peck James SMS ADD Annual Non-Athletic 3 100% $ 2,548.00 Subject Chair: Science Schechterly Diane SMS ADD Annual Non-Athletic 2 100% $ 1,260.00 Team Leader Patricia Smith Anne SMS ADD Annual Non-Athletic 4 100% $ 2,845.00 Late Room Supervisor
Recommendation Supplement to the Agenda – August 24, 2015 – p. 13
% Total Last Name First Name Loc Action Season Type Step contract Contract Position Title Patricia Subject Chair: Special Smith Anne SMS ADD Annual Non-Athletic 2 100% $ 2,415.00 Education White Andrew SMS ADD Annual Non-Athletic 3 100% $ 2,971.00 Subject Chair: Language Arts Ambrosino Antone SWE ADD Annual Non-Athletic 1 100% $ 2,772.00 Science Advocate Borish Sarah SWE ADD Annual Non-Athletic 2 50% $ 1,103.00 CCRC Facilitator Bushnell Erin SWE ADD Annual Non-Athletic 1 50% $ 1,386.00 Math Advocate Caroulis Christina SWE ADD Annual Non-Athletic 1 50% $ 1,386.00 Computer Coordinator Cooper Donna SWE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Band Dantonio Jennifer SWE ADD Annual Non-Athletic 4 50% $ 2,576.00 Head Teacher Duffey Kelly SWE ADD Annual Non-Athletic 1 50% $ 1,386.00 Computer Coordinator Faggiola Nicole SWE ADD Annual Non-Athletic 2 50% $ 1,103.00 CCRC Facilitator Johanson Jessica SWE ADD Annual Non-Athletic 3 100% $ 972.00 Safety Patrol Coordinator Loveland Katherine SWE ADD Annual Non-Athletic 4 50% $ 2,667.00 Head Teacher Mcconnell John SWE ADD Annual Athletic 3 50% $ 1,458.00 Intramurals, After School Morrison James SWE ADD Annual Non-Athletic 4 100% $ 762.00 School Chorus Nikish Elizabeth SWE ADD Annual Athletic 1 50% $ 1,386.00 Intramurals, After School Park Adriana SWE ADD Annual Non-Athletic 4 100% $ 1,524.00 School Orchestra Sommer Christine SWE ADD Annual Non-Athletic 1 50% $ 1,386.00 Math Advocate Blaker Margaret WTE ADD Annual Non-Athletic 4 50% $ 1,421.00 CCRC Facilitator Brown Amy WTE ADD Annual Non-Athletic 4 50% $ 1,421.00 CCRC Facilitator Brown Amy WTE ADD Annual Non-Athletic 4 100% $ 762.00 School Chorus Celfo Timothy WTE ADD Annual Non-Athletic 2 100% $ 1,260.00 School Orchestra Davis James WTE ADD Annual Non-Athletic 4 100% $ 3,429.00 Intramurals, After School Dinsmore Debra WTE ADD Annual Non-Athletic 4 100% $ 5,684.00 Head Teacher Finegan Teresa WTE ADD Annual Non-Athletic 4 50% $ 1,715.00 Computer Coordinator Modric John WTE ADD Annual Non-Athletic 4 100% $ 630.00 School Band Poulos Nicole WTE ADD Annual Non-Athletic 1 100% $ 2,772.00 Math Advocate Rodriguez Rene WTE ADD Annual Non-Athletic 4 100% $ 3,429.00 Science Advocate Rogers Matthew WTE ADD Annual Non-Athletic 4 50% $ 1,715.00 Computer Coordinator Southmayd Jennifer WTE ADD Annual Non-Athletic 1 100% $ 924.00 Safety Patrol Coordinator
Recommendation Supplement to the Agenda –ADDENDUM –AUGUST 24, 2015 - p.1
I. Additions to Payroll a. Professional Staff: Contract Education / Name Placement Effective Salary Certification/Experience 1. Humphrey, Art .8 FHE 8/24/15 Level 5 Penn State Univ., BS, 2006, St. Jennifer (MS) Step 3 Joseph’s Univ., MS, 1/14 $42,800 ($53,500 x Instructional I: Art K012,, .8) Special Education N-12, Mid- Level English, Mid-Level Citizenship Ed. 7-9
Lower Merion SD, Art Teacher LTS, 3 yrs. b. Professional Staff: Long Term Substitute Education / Name Placement Effective Salary Certification/Experience 1. Bossard, Jennifer ELL LTS 1.0 EBE 8/24/15 Level 1 (BS) West Chester Univ., BS, Step 1 2008 $46,000 Instructional I: Elementary K-6; Program Specialist: ELL K-12
WCASD, ELL LTS, .5 yr. c. Support Staff: Contract Name Placement Effective Salary 1. Merced, Edna ELL Instructional 8/25/15 Class 1, Step 1 $12.04/hr Assistant .5 EGE/.5 EBE
II. Personnel Events a. Status Changes Name Type Effective From To
1. Ronayne, Jennifer Professional 8/24/15 Phys. Ed .2FMS/.2 Health & Phys. Ed .4 PMS FMS/.2 PMS b. Transfers Name Type Effective From To 1. Hart, Jeffrey Professional 8/24/15 Music 1.0 HHS Music .7 HHS/Music .3 PMS
Recommendation Supplement to the Agenda –ADDENDUM –AUGUST 24, 2015 - p.2
III. Supplemental Contracts
% of Last Name First Name Loc Action Season Type Step Contract Total Contract Position Title ATHLETIC
Bechtold Shayna FMS ADD Fall Athletic 1 100% $ 2,464.00 HEAD Coach - Girls Volleyball Conner Jeffrey FMS ADD Fall Athletic 1 100% $ 2,156.00 Assistant Coach - Boys Soccer DeLeo Kimberly FMS ADD Fall Athletic 2 100% $ 2,205.00 Assistant Coach - Girls Soccer Farrell Daniel FMS ADD Fall Athletic 1 100% $ 2,772.00 HEAD Coach - Football Hughes Miriam FMS ADD Fall Athletic 1 100% $ 2,156.00 Assistant Coach - Girls Volleyball Mashbitz Jeffrey FMS ADD Fall Athletic 1 100% $ 2,772.00 Assistant Coach - Football McLaughlin Mary FMS ADD Fall Athletic 2 100% $ 2,205.00 Assistant Coach - Field Hockey Murawski Sandra FMS ADD Fall Athletic 1 50% $ 462.00 HEAD Coach - Intramurals Soccer Nefos Frank FMS ADD Fall Athletic 6 100% $ 3,248.00 Assistant Coach - Co - Ed Track Nefos Frank FMS ADD Fall Athletic 4 100% $ 3,312.00 HEAD Coach - Boys Soccer Nefos Frank FMS ADD Fall Athletic 4 50% $ 552.00 HEAD Coach - Intramurals Soccer
Orenshaw Michael FMS ADD Fall Athletic 4 100% $ 2,944.00 HEAD Coach - Cross Country (co-ed) Sola Erin FMS ADD Fall Athletic 2 100% $ 2,520.00 Assistant Coach - Co - Ed Track Wilson Lindsay FMS ADD Fall Athletic 2 100% $ 2,835.00 HEAD Coach - Girls Soccer Long Brittney PMS ADD Fall Athletic 1 100% $ 2,156.00 Assistant Coach - Field Hockey Ronayne Jennifer PMS ADD Fall Athletic 1 100% $ 2,156.00 Assistant Coach - Girls Soccer Walsh Steve SMS ADD Fall Athletic 1 100% $ 2,772.00 Assistant Coach - Football Froncillo Matthew EHS ADD Fall Athletic 1 100% $ 2,618.00 Assistant Coach - Football Gallen Chelsea EHS ADD Fall Athletic 1 100% $ 4,620.00 Assistant Coach - Field Hockey Huntsman Kiera EHS ADD Fall Athletic 1 100% $ 3,696.00 Head Coach - Field Hockey Kibler Jennifer EHS ADD Fall Athletic 1 50% $ 1,694.00 Assistant Coach - Cheerleader Loring Kasey EHS ADD Fall Athletic 1 100% $ 3,696.00 Assistant Coach - Girls Volleyball Wiggins James EHS ADD Fall Athletic 4 100% $ 4,416.00 Assistant Coach - Football Young Jessica EHS ADD Fall Athletic 1 50% $ 1,694.00 Assistant Coach - Cheerleader Gabel John HHS ADD Fall Athletic 1 100% $ 3,696.00 Assistant Coach - Girls Soccer Popolizio Dominic HHS ADD Fall Athletic 4 100% $ 4,416.00 Assistant Coach Boys Soccer Sanger John HHS ADD Fall Athletic 4 100% $ 4,416.00 Assistant Coach Girls Soccer Scangarella Craig HHS ADD Fall Athletic 4 100% $ 5,888.00 Head Coach Girls Soccer Baggaley Andrew RHS ADD Fall Athletic 1 100% $ 3,696.00 Assistant Coach Boys Soccer Koepke Katherine RHS ADD Fall Athletic 1 25% $ 924.00 Assistant Coach - Girls Volleyball McIntyre Bradley RHS ADD Fall Athletic 1 100% $ 4,620.00 Head Coach - Girls Volleyball Paese Morgan RHS ADD Fall Athletic 1 100% $ 4,620.00 Head Coach - Field Hockey speers kathryne RHS ADD Fall Athletic 4 100% $ 4,416.00 Assistant Coach - Field Hockey Vecchiolli Christina RHS ADD Fall Athletic 1 75% $ 2,772.00 Assistant Coach - Girls Volleyball
NON-ATHLETIC Non- Galajda Amanda EGE ADD Annual Athletic 4 50% $ 1,656.00 Math Advocate Non- Tykwinski Paulette EGE ADD Annual Athletic 4 50% $ 1,656.00 Math Advocate Non- Brewer Sara EHS ADD Fall Athletic 1 50% $ 2,002.00 MARCHING BAND: COLOR GUARD
Recommendation Supplement to the Agenda –ADDENDUM –AUGUST 24, 2015 - p.3
% of Last Name First Name Loc Action Season Type Step Contract Total Contract Position Title Non- DAME JESSICA EHS ADD Fall Athletic 1 50% $ 2,002.00 MARCHING BAND: COLOR GUARD Non- Drass JESSICA RHS ADD Fall Athletic 1 25% $ 1,001.00 MARCHING BAND: COLOR GUARD Non- Williams Jeremy RHS ADD Fall Athletic 1 50% $ 2,002.00 MARCHING BAND: COLOR GUARD
REMOVALS Panasiewicz Gabrielle EHS REMOVE FALL Athletic 2 100% $ 3,780.00 Assistant Coach - Field Hockey Trama Scott EHS REMOVE FALL Athletic 2 100% $ 4,725.00 Head Coach - Girls Cross Country
ADJUSTMENTS Non- Park Adriana EBE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Van Lenten Lynn EGE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Binkley William EXE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Belczyk Mary FHE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Binkley William GAE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Van Lenten Lynn HDE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Belczyk Mary MHE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Celfo Timothy PWE ADJUSTMENT Annual Athletic 2 50% $ 630.00 School Orchestra Non- Park Adriana SWE ADJUSTMENT Annual Athletic 5 50% $ 762.00 School Orchestra Non- Celfo Timothy WTE ADJUSTMENT Annual Athletic 2 50% $ 630.00 School Orchestra Non- Linton Elizabeth HHS ADJUSTMENT Annual Athletic 2 100% $ 2,835.00 Student Council/Senate Advisor
IV. Additional Information
1. Melissa Czerpak, Certified School Nurse, 1.0 SMS reported on 6/22/15 Board Recommendations as Temporary Professional Employee (Non-Tenured) – Should be Professional Employee (Tenured) 2. The substitute custodian pay rate will move to $15/hr. starting 9/1/15. 3. Joy McClendon was reported as a Source4Teachers employee. She will be a WCASD employee. Her start date will be 8/31/15.
CONTRACT FOR EMPLOYMENT OF Assistant Superintendent
THIS AGREEMENT is made and entered into this 24th day of August, 2015, by and between the BOARD OF SCHOOL DIRECTORS (hereinafter referred to as the “Board”) of the WEST CHESTER AREA SCHOOL DISTRICT (hereinafter referred to as the “District”) with offices located at 829 Paoli Pike, West Chester, Pennsylvania, 19380 and ROBERT SOKOLOWSKI, an individual (hereinafter referred to as the “Assistant Superintendent”).
WHEREAS, the Board desires to provide the Assistant Superintendent with a written employment contract in order to enhance administrative stability and continuity within the District, which the Board believes generally improves the quality of its overall education program; and
WHEREAS, the Board, at a regularly scheduled meeting duly and properly called on this 24th day of August 2015 upon the recommendation of the Superintendent, did appoint Robert Sokolowski to the office of Assistant Superintendent for the District in accordance with the provisions of Section 508 and 1076 of the Public School Code of 1949, as amended (hereinafter “School Code”); and
WHEREAS, the parties have agreed upon certain terms and conditions of employment and desire to reduce said terms and conditions to writing;
NOW, THEREFORE, the Board and the Assistant Superintendent, intending to be legally bound hereby, and in consideration of the mutual covenants contained herein, the legal sufficiency of which is hereby acknowledged, do hereby agree as follows:
1. Term
A. The Board, in consideration of the promises herein contained, has employed the Assistant Superintendent and the Assistant Superintendent hereby accepts said employment as Assistant Superintendent for the District for a period of five (5) years, commencing on September 1, 2015 and ending on August 31, 2020 (the “Term”).
B. This Agreement shall terminate immediately upon the expiration of the Term: (1) unless earlier terminated by agreement of the parties; (2) unless earlier terminated in accordance with this Agreement; (3) unless earlier terminated pursuant to the provisions of the School Code; or (4) it is allowed to renew automatically pursuant to the terms of Section 1077(b) of the School Code.
2. School District. The District on its own behalf hereby retains and reserves unto itself, all power, rights, authority, duties and responsibilities conferred upon and vested in it by laws and the Constitution of the Commonwealth save for any power or right limited by the express terms of this Agreement.
3. Professional Certification. The Assistant Superintendent covenants that he possesses all of the qualifications that are required by law to serve as assistant superintendent of a public school district under the laws of the Commonwealth of Pennsylvania. The Assistant Superintendent further agrees to maintain throughout the term of this Agreement, a valid or current commission or other legal credentials as may be required by law and to present the same to the Board.
4. Duties and Full-Time Employment. a. The Assistant Superintendent shall be charged with and perform faithfully the duties of the Assistant Superintendent under the direction of the District Superintendent and in accordance with the provisions of the School Code and the rules, regulations and direction of the Board and the Superintendent. In particular, the Assistant Superintendent is responsible for all duties specifically enumerated in the job description set forth in Exhibit “A”, attached hereto and incorporated herein by reference.
b. The Assistant Superintendent shall devote his time, attention, energies, skills and labor to his employment as Assistant Superintendent during the term of this Agreement provided, however, that he may undertake consultative work, speaking engagements, writing, lecturing, adjunct teaching or other professional services as approved by the Superintendent. The Assistant Superintendent shall not engage in professional services which will result in a conflict of interest with the performance of his duties as Assistant Superintendent.
c. The duties of the Assistant Superintendent require his participation in professional associations and presence at numerous meetings, conventions, and conferences in order to maintain awareness of current issues, programs and information. The Assistant Superintendent’s attendance at seminars, workshops, in-service programs, school activities, and graduate education programs is necessary to maintain the knowledge and skills required of the position. The District considers the expenses involved in such activities, including dues in professional associations to be directly related to the Assistant Superintendent duties and shall be reimbursed by the District. Reimbursement for such activities shall be provided in accordance with procedures of District policy and Exhibit B to this Agreement.
d. The Assistant Superintendent shall not have any financial interest, direct or indirect, in the sale to or the lease by the District for any supplies, equipment or services.
5. Salary. The Assistant Superintendent’s annual aggregate salary shall be in the amount of $180,000 per year beginning September 1, 2015 through June 30, 2016. The Assistant Superintendent’s annual base salary shall be increased each July 1 of the Term by a percentage equal to the District’s base Act 1 Index.
The Board may increase the annual base salary beyond the Act 1 Index and provisions of the District’s administrative compensation plan adopted in accordance with Section 1164 of the School Code (24 P.S. §11-1164) (“Act 93 Agreement”), but at no time shall the annual aggregate salary of the Assistant Superintendent be decreased during the term of this Agreement.
This salary shall be paid in installments at the same intervals other District administrators are paid.
6. Performance Incentive Compensation. In addition to the salary set forth in paragraph 5 above, the annual Objective Performance Standards shall also be the basis for the determination of performance incentive compensation. This compensation shall be authorized by the Superintendent and established solely on the Assistant Superintendent’s accomplishment of annual Objective Performance Standards, as determined by the Superintendent and Board with input from the Assistant Superintendent and shall be considered to be performance incentive compensation.
The amount of additional performance incentive compensation shall be made available beginning with the 2015-16 contract year and shall not exceed Ten Thousand Dollars ($10,000.00). In each of the subsequent contract years, the amount of available performance incentive compensation shall increase by a percentage equal to the District’s base Act 1 Index. Any amounts awarded to the Assistant Superintendent as performance incentive compensation shall not be a permanent adjustment on to the base salary, but will be credited toward PSERS for the calendar year in which it was paid. The final salary evaluation (Part A of the Evaluation) shall determine the amount of performance incentive compensation for the year being evaluated. The variable increase shall be awarded based on the following performance assessment rating:
Rate of Performance Incentive Compensation Performance Rating Achieved 100% Exemplary (3.0-4.0) 75% Proficient (2.5-2.9) 50% Proficient (2.0-2.4) 25% Progressing (1.0-1.9) 0% Not meeting standards (Below 1.0)
Annual evaluations, which will constitute the basis for determining the performance incentive pay, shall take place as set forth herein and as soon as the data is available to perform the annual evaluation. Payments shall be made on or before the first pay in October following the school year in which the performance incentive is earned.
7. Fringe Benefits. The Assistant Superintendent shall be provided with the fringe benefits and retirement severance as set forth in Exhibit “B”. The Assistant Superintendent shall also receive all fringe benefits included under the Act 93 Agreement to the extent that such benefits are
not inconsistent with the terms of this Agreement and its exhibits. If, subsequent to the date of this Agreement, the District increases or improves any fringe benefit under the Act 93 Agreement, the Assistant Superintendent shall be entitled to such increases or improvements. However, the Assistant Superintendent shall never have his fringe benefits reduced due to a subsequent change to the Act 93 Agreement. Notwithstanding the foregoing, the Assistant Superintendent shall not be entitled to any modifications or changes to the Act 93 Agreement fringe benefits which would alter the termination, buyout or severance provisions contained in this Agreement and its exhibits or are not permitted for an assistant superintendents by state or federal law or regulation or requires an amendment to a section of this Agreement that is not permitted to be modified during the course of the Agreement. The retirement sabbatical leave severance included in the Act 93 Agreement is specifically not applicable to the Assistant Superintendent.
8. Assessment of Performance.
A. The Board, through the District Superintendent, shall evaluate in writing the performance of Assistant Superintendent once a year during the Term of this Agreement, no later than September 1st of each year, unless the parties mutually agree in writing on another date for the annual evaluation. The annual evaluation shall represent a consensus of the Board and shall be conducted in an executive session limited to members of the Board of School Directors, the Superintendent and Assistant Superintendent. An evaluation instrument and method mutually agreed upon in writing by the Board and the Assistant Superintendent shall be utilized for the annual performance assessment. Provided, however, that the evaluation instrument shall contain the following performance ratings: Exemplary (3.0-4.0), Proficient (2.0-2.9), Progressing (1.0-1.9) and Not Meeting Standards (Below 1.0). In the absence of another mutually agreed upon evaluation instrument and method, the evaluation instrument and method attached hereto and incorporated herein as Exhibit “C” to this Agreement shall be used for the annual performance assessment of the Assistant Superintendent.
In the event the Board consensus determines that the performance of the Assistant Superintendent is less than proficient in any respect, it shall describe in writing, in reasonable detail, the specific instances of the less than proficient performance. A copy of the written evaluation shall be delivered to the Assistant Superintendent. The Assistant Superintendent shall have the right to make a written response to the evaluation. The Board’s evaluations and the Assistant Superintendent’s response(s) shall be totally private and in no manner become public knowledge or conversation, except in legal proceedings or as otherwise required by law. Notwithstanding the foregoing, the District shall comply with its obligations under School Code 1073.1(b.1), 24 P.S. 10-1073(b.1), by publishing required information on its publicly accessible Internet website. The Assistant Superintendent’s performance shall be deemed exemplary in any year when a formal performance assessment is not completed in accordance with this Agreement.
B. The performance assessment shall be used for the following purposes:
1. To strengthen the working relationship among the Board, the Superintendent and the Assistant Superintendent and to clarify for the Assistant Superintendent, Superintendent and individual members of the Board, the responsibilities the District relies on the Assistant Superintendent to fulfill; 2. To discuss and establish objective performance standards for the ensuing year; and 3. To establish the basis for performance incentive payments and increases in the Assistant Superintendent’s salary.
C. Performance Expectations, Including Objective Performance Standards. A. The performance of the Assistant Superintendent shall be assessed in part against the objective performance standards that have been mutually agreed upon by the Board and Assistant Superintendent. The Board shall post the mutually agreed upon objective performance standards on the District website and shall also annually post the date of the Assistant Superintendent’s annual performance assessment and whether or not the Assistant Superintendent met the agreed upon objective performance standards. No other information regarding the Assistant Superintendent’s performance assessment shall be posted on the District website or in any other manner disclosed by the District except in legal proceeding or unless required by law. The Board and Assistant Superintendent hereby mutually agree to the objective performance standards which are attached hereto as Part B of Exhibit “C” and incorporated herein by reference, and which shall be reviewed and updated as necessary on or before October 15th of each year of this Agreement unless another date is mutually agreed upon by the Board and Assistant Superintendent. The agreed upon performance objective standard categories are the following:
a. Student Achievement b. Professional Development c. Communications d. Fiscal Responsibility
9. Discharge or Termination.
This Agreement may be terminated prior to the end of the Term of this Agreement as follows:
A. The Assistant Superintendent shall be subject to discharge and termination of this Agreement for valid and just cause for the reasons specified in Section 1080 of the School Code. However, the Board shall not arbitrarily or capriciously call for the Assistant Superintendent’s dismissal and the Assistant Superintendent shall in any event have the right to a fair hearing before the Board or before a hearing officer designated by the Board. Such hearing shall be in accordance with School Code
Section 1080, 24 P.S. §10-1080, and 2 Pa. C.S. Ch. 5, Subch. B, 2 Pa. C.S. §§551 et seq. The Assistant Superintendent shall have the right to be represented by counsel at his sole cost and expense. Provided, however, if the charges against the Assistant Superintendent are not sustained and/or should the Assistant Superintendent prevail with an unappealable final order or decision, the District shall reimburse the Assistant Superintendent for all reasonable legal fees and expenses incurred by the Assistant Superintendent in the proceedings.
B. This Agreement may be unilaterally terminated without penalty by the resignation of the Assistant Superintendent at any time provided the Assistant Superintendent gives the Board at least ninety (90) days’ written notice prior to the effective date of the resignation. If this Agreement is terminated in this manner, the District shall pay and provide to the Assistant Superintendent all of the aggregate compensation, salary, and benefits including, but not limited to, insurance premiums and coverages and payment for unused leave, the Assistant Superintendent earned, accrued and/or is entitled to in accordance with this Agreement through the effective date of his resignation and termination of this Agreement plus any applicable post-employment and retirement benefits provided for in this Agreement.
C. This Agreement may be terminated by the mutual consent, in writing, of the Assistant Superintendent and the Board. If this Agreement is terminated in this manner, the District shall pay and provide to the Assistant Superintendent all of the aggregate compensation, salary, and benefits, including but not limited to insurance premiums and coverages and payment for unused leave, the Assistant Superintendent earned, accrued and/or is entitled to in accordance with this Agreement through the mutually agreed upon effective date of the termination of this Agreement plus any applicable post-employment and retirement benefits provided for in this Agreement and the “buy-out” amount set forth in Section 12 of this Agreement..
D. This Agreement shall be terminated upon the death of the Assistant Superintendent, at which time, the District shall pay to the Assistant Superintendent’s spouse, estate and/or heirs all of the aggregate compensation, salary, and benefits the Assistant Superintendent earned, accrued and/or is entitled to under this Agreement through the date of the Assistant Superintendent’s death.
10. Professional Liability. The Board agrees that it shall, to the extent covered by its insurance policies (including deductibles), defend, hold harmless and indemnify the Assistant Superintendent from any and all demands, claims, suits, actions and legal proceedings brought against the Assistant Superintendent in his individual capacity or in his official capacity as agent and employee of the Board, provided the incident arose while the Assistant Superintendent was acting within the scope of his employment and excluding illegal criminal activity, as such liability coverage is within the authority of the Board to provide under federal and state law. However, in no case, will individual Board members be considered personally liable for indemnifying the Assistant Superintendent against such demands, claims, suits, actions and legal proceedings. Nothing herein shall be construed as a waiver of the District’s obligation set forth in Pennsylvania Political Subdivision Tort
Claims Act, 42 Pa. C.S. § 8541 et. seq. This obligation shall survive the termination of this Agreement.
11. Reappointment.
A. In the event the Assistant Superintendent wishes to be reappointed at the end of the term of this agreement, on or before January 1, 2020, he shall notify the Superintendent and Board President, in writing, that he wishes to be reappointed by the Board and to set forth any changes he requests to be made to this Agreement.
A. If both parties want to renew the Agreement but do not agree on terms and conditions, the current Agreement will remain in effect on a year-to-year basis unless and until there is a mutual agreement of the parties.
12. Buy-Out Provisions.
In the event the Board agrees in writing with the Assistant Superintendent to an early termination and “buy-out” of this Agreement before the completion of the Term of this Agreement in accordance with Section 9(c) above, if there are two or more years remaining of the Term of this Agreement, the Board shall pay the Assistant Superintendent a “buy-out” amount equal to one (1) year of his annual salary and benefits as otherwise set forth in this Agreement. If there are less than two years remaining of the Term of this Agreement, the Board shall pay the Assistant Superintendent a “buy-out” amount equal to one-half of his salary and benefits remaining as otherwise set forth in this Agreement.
13. Modification. Notwithstanding any term or provision herein or elsewhere, oral or in writing, this Agreement shall not be modified except in writing signed by the Assistant Superintendent and approved of by the Board and executed by an authorized officer of said Board. Termination, buyout and severance provisions may not be modified during the Term of the Agreement or in the event this Agreement is terminated prematurely.
14. Savings. If during the Term of this Agreement it is found that a specific clause of the Agreement is illegal in federal or state Law, the remainder of the Agreement not affected by such ruling shall remain in force.
15. Obligations. This Agreement embodies the entire agreement between the parties hereto except as otherwise stated herein and supersedes all other agreements and representations, written or oral, on the subject matter thereof, including any statements in referenced exhibits or attachments that may be in conflict with the statements herein. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors or assigns. This Agreement contains the entire agreement between the parties and may not be changed or altered except in writing with the signatures of all parties concerned.
16. Statutory References. All references to the School Code contained herein shall also refer to and incorporate any amendment or recodification of such Code.
17. Applicable Law. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
IN WITNESS WHEREOF and intending to be legally bound hereby, the parties have caused this Agreement to be duly executed the day and year first above written.
ATTEST: WEST CHESTER AREA SCHOOL DISTRICT
By Secretary Dr. Ricky Swalm President, Board of School Directors
WITNESS: ROBERT SOKOLOWSKI
By Assistant Superintendent
Exhibit “A”
WEST CHESTER AREA SCHOOL DISTRICT JOB DESCRIPTION
TITLE: Assistant Superintendent DATE: August 2015
DEPARTMENT: Management Team LOCATION: Administration Building FLSA: Exempt
SUMMARY: This person is responsible for all curriculum implementation, staff development and assessment of curriculum and staff development, K-12. The Assistant Superintendent also works closely with other appropriate District personnel in a cooperative and advising capacity. S/he is responsible for District level activities that pertain to general administration of the District on both a long-term and day-to-day basis, as well as those services that have a direct bearing on students’ learning outcomes.
REPORTING RELATIONSHIPS: • Reports directly to and works collaboratively with the Superintendent. • Responsible for Curriculum Supervisors. • Responsible indirectly for Directors of Education and Director of Technology • Works cooperatively with other administrators and staff to perform job responsibilities as outlined. • Leads, manages, and collaborates with supervisors, and curriculum leaders. • Works cooperatively with administrators, staff, parents, students, Board members and other outside contacts to perform duties as outlined.
TERMS OF EMPLOYMENT: 1. 12 month position 2. Salary and benefits are as described in the Administrative Compensation Plan of the West Chester Area School District and Agreement for employment.
QUALIFICATIONS & PHYSICAL REQUIREMENTS: To successfully perform this position, a person must be able to perform each essential duty satisfactorily. The qualification requirements listed below represent minimum levels of educational achievement, training, skill and/or ability necessary.
Letter of Eligibility Extensive knowledge and experience in the development of K-12 curriculum and in leading high quality professional development. Extensive knowledge of assessment of common core standards and professional development, K-12. Ability to read, analyze and interpret general periodicals, professional journals, technical procedures or governmental regulations
Ability to write reports, business correspondence and procedure manuals Possess effective interpersonal skills with the ability to interface diplomatically with other administrators, teachers, parents, students, Board members, support staff, colleagues, and outside professional contacts Ability to work with and apply mathematical concepts; ability to define problems, collect data, establish facts, and draw valid conclusions; proficiency in the use of technology for individual and system management, communication, and research; proficiency in presentation technology to enhance small and large group information and demonstration sessions Skills in coordinating and evaluating staff use of technology
Qualified candidate will be required to use hands to finger, handle or feel objects, tools or controls, and to talk and hear; Sit and occasionally be required to stand, walk, stoop, kneel and crouch; Have specific vision abilities, to include close vision, color vision, and the ability to adjust focus; Have the ability to lift and/or move up to 25 pounds; and possess effective communication, judgmental, planning and human relations skills, and will be required to work under periods of stress due to the level of the position responsibility.
ESSENTIAL DUTIES AND RESPONSIBILITIES: This list is intended to be illustrative rather than complete and serves to show major duties and responsibilities and does not express or imply that these are the only duties to be performed by the incumbent in this position. The employee will be required to perform any other position-related duties requested by the superintendent.
General Duties
1. Plans, develops, interprets and coordinates district programs.
2. Supervises and evaluates the performance of curriculum supervisors.
3. Directs the development, implementation and evaluation of curriculum through his/her leadership on the Curriculum Council.
4. Develops and supervises grants for curriculum and instructional programs.
5. Keeps abreast of latest developments and legal opinions in all areas of supervision and informs administrators and staff.
6. Directs and coordinates the development and implementation of the District Teacher Induction Program K-12
7. Serves on the School Board Education Committee.
8. Observes and provides inputs to the evaluation of staff members in all school programs as needed.
9. Organizes and conducts the New Teacher Induction, the Act 48 Staff Development Plan, and the District Staff Development programs.
10. Prepares budgets for each service and/or function under his/her responsibility and controls expenditures within the established budget limitations.
11. Supervises K-12 Curricular Program.
12. Represents the District on committees and at meetings and conferences related to assigned responsibilities.
13. Supervises the development, facilitation, planning and implementation of the Strategic Plan.
14. Supervises District assessment and testing programs.
15. Directs student teachers and student observer placements.
16. Assumes leadership role during Superintendent’s absence.
17. Performs other duties as directed by the Superintendent. Curriculum, Instruction and Assessment
1. Serves as a member of the administrative cabinet. 2. Works with those involved in curriculum and organizes the meetings of the Instructional Leadership Team and/or Instructional Cabinet. 3. Ensures vertical alignment of curriculum, instruction, and assessment K-12. 4. Facilitates the Coaching & Modeling of Supervisors and curriculum leaders. 5. Facilitates and leads curriculum program reviews and recommendations. Makes all recommendations to superintendent for curriculum changes, K-12. 6. Leads K-12 curriculum supervision, which includes writing, revising and mapping of District curriculum. 7. Facilitates and leads data analysis as it pertains to curriculum, instruction and assessment. Facilitates and organizes textbook and curriculum materials selection process 8. Conducts observations and site visits to ensure curriculum and program implementation. 9. Participates in building, district, state and nation-wide opportunities to continue personal professional development. 10. Maintains an awareness of trends; anticipates and researches current topics of interest to a wide range of educators. 11. Responsible for the integration of technology into the curriculum in collaboration
with the Director of Technology.
Professional Development
1. Oversees the development and approval of the school district professional Education Plan for submission to Pennsylvania Department of Education. 2. Oversees the annual review and if necessary, revision of the school district professional education plan. 3. Works with Director of Elementary Education to oversee Instructional Coaching at the elementary level. 4. Supports administrators, supervisors, curriculum leaders, and staff in the planning and evaluation of professional development. Makes all recommendations to the superintendent for changes in professional development and the assessment of professional development. 5. Monitors professional development with district administrators to ensure that all professional development activities meet the criteria standards as outlined by Act 48, the Pennsylvania Inspired Leadership guidelines, the National Staff Development Councils’ Standards for Professional Development, Pennsylvania Academic Standards and is research-based. 6. Confers with Instructional Cabinet, Supervisors, Curriculum Leaders, and principals to monitor student assessment data to help identify areas of need for future professional development. 7. Helps to plan and schedule sessions for in-service days with curriculum leaders, supervisors, and principals. 8. Reviews the professional development evaluation forms and develops reports based on staff feedback from the evaluation database. 9. Attends meetings to support focused professional development and facilitates learning communities to align with district and school goals. 10. Oversees the development of a revised teacher and principal evaluation system. 11. Evaluates Supervisors and curriculum leaders. 12. Disseminates information on professional development opportunities to staff. 13. Facilitates and coordinates District Professional Development Advisory Council 14. Supports the mentoring of new teachers and training of mentors K-12.
Exhibit “B”
Fringe Benefits
Medical, Dental, Vision and Prescription Benefits:
The District shall provide the Assistant Superintendent , his spouse, and eligible dependents with a comprehensive medical/health plan including but not limited to hospitalization, physician coverage, prescription drugs, vision care, dental, including orthodontia, and medical/ surgical benefits which shall provide for benefits equal to the benefits provided to the District's administrators under the District’s Administrators Compensation Plan adopted pursuant to Section 1164 of the Public School Code (24 P.S. 11-1164) (the “Act 93 Agreement”). In no event shall the benefits provided to the Assistant Superintendent be less than those provided by the District to other District administrators unless agreed to by the Assistant Superintendent in writing. To the extent there are optional plans for such benefits, the Assistant Superintendent shall have the right, at his sole discretion, to select from the plans offered by the District to any District administrator but may only change plans as a result of a qualifying event or during the District’s open enrollment period. The Assistant Superintendent shall make the same copayments, deductibles and premium contributions toward his health insurance coverage, prescription drug plan, dental insurance and vision insurance as required to be made by District administrators during the Term of this Agreement.
Withdrawal from Healthcare Benefits. The Assistant Superintendent may elect to maintain the medical and healthcare coverage described in sections of this Agreement, or may elect to opt out of certain benefits. If the Assistant Superintendent elects to opt out of any of the healthcare benefits, he shall receive a reimbursement equal to 45% of the District’s cost for each healthcare benefit declined. The opt out feature is only available to Assistant Superintendent if he can annually provide satisfactory evidence to the District that he is covered under another healthcare plan.
Other Benefits During Term: In addition to salary, the District shall provide the Assistant Superintendent with the following benefits:
Life Insurance. The District shall provide and pay the cost of term life insurance in the amount of three (3) times the annual salary rounded to the nearest hundred, plus $15,000. The Assistant Superintendent shall have the sole right to determine the beneficiary of such policy.
Salary Continuation for Extended Illness/Disability. Eligibility for this benefit begins the first of the month coincident with or next following date of employment. The Assistant Superintendent shall be eligible for sixty (60%) of salary up to $6,000 total monthly income paid until retirement, after a 90-day elimination period. The monthly premium cost, which is included in salary, will be taken as a benefit deduction on a post-tax basis.
Participation in the 457(b) Plan. The District shall make an annual contribution into the District’s 457(b) deferred compensation plan for the Assistant Superintendent as provided in the Act 93 Agreement but not less than 2.86% of annual salary.
Transportation. The District shall reimburse the Assistant Superintendent for transportation expenses in accordance with the Internal Revenue Service current mileage allowance for use of Assistant Superintendent’s vehicle when used for transportation relating to duties.
Tuition reimbursement for graduate credits. The Assistant Superintendent may receive reimbursement for graduate credits contingent on the pre-approval of graduate courses by the Superintendent and the following: . Courses must be completed with a grade of ”B” or better . Costs per credit hour for graduate courses reimbursed at 100 percent up to $640 per credit. . No more than fifteen (15) credits may be taken during any school year, July 1 through June 30.
The Superintendent will bring forth a recommendation to the Board any future increases to the $640 per credit rate based on survey information on the per credit rates of the universities typically used by administration for their coursework.
Professional Development and Continuing Education. The District shall pay the full enrollment cost for all professional development courses and continuing education courses taken by Assistant Superintendent during this Agreement; provided that such courses are approved in advance by the Superintendent and subject to repayment by Assistant Superintendent for any course in which the Assistant Superintendent fails to receive a final passing grade or otherwise successfully complete.
Professional Memberships. The District shall pay the cost of the Assistant Superintendent’s annual membership and participation in professional associations, including but not limited to, the American Association of School Administrators (AASA), the Pennsylvania Association of School Administrators (PASA), and ASCD. The District recognizes the obligation to professional growth and development provided by these affiliations and encourages and permits the Assistant Superintendent to participate actively. The District and Assistant Superintendent may mutually agree to change, add to, or delete the professional association memberships covered by this paragraph, and any such change shall be in writing and approved by the Board.
Meetings, Conventions and Conferences. The duties of the Assistant Superintendent require his presence at meetings, conventions, and conferences in order that he can maintain awareness of current education-related issues and information. The Assistant Superintendent shall have the right to attend regional, state and national meetings, conventions and conferences for the purpose of professional development upon approval of the Superintendent. The District considers the expenses involved in such activities to be directly related to his duties and appropriate for reimbursement. The Assistant Superintendent shall be reimbursed for all costs associated such meetings, conventions and
conferences including registration, travel, food and lodging in accordance with School District policies and procedures applicable to other District administrators.
Equipment. Because of the nature of the work as well as accessibility in the event of an emergency, the Assistant Superintendent shall be reimbursed for the monthly cost of the telephone plan in the amount of $90 per month during the Term of this Agreement.
Holidays. The Assistant Superintendent shall be entitled to 11 holidays each fiscal year: New Year's Day, Martin Luther King Commemorative, Lincoln-Washington Commemorative, Memorial Day, Good Friday, Independence Day, Labor Day, Thanksgiving (2) and Christmas (2).
Vacation. The Assistant Superintendent shall carry forward in this Agreement and be credited on the first day of this Agreement with all days of unused vacation leave accrued during his employment with the District. In addition, the Assistant Superintendent shall receive twenty-five (25) annual vacation days per fiscal year, exclusive of legal holidays and those days shall be earned effective the start date of this Agreement and July 1st of every subsequent year of this Agreement. The Assistant Superintendent shall be permitted to take vacation days at any time when school is not in session. However, if school is in session when he desires to take a vacation, the Assistant Superintendent may take vacation days only with the prior approval of the Superintendent. The Assistant Superintendent may rollover unused vacation days from one year to the next so long as:
a. the combined balance of rollover vacation days and the current allotment of vacation days do not exceed 35 days, and b. the Assistant Superintendent shall use a minimum of ten (10) vacation days each year. c. the Assistant Superintendent will receive a cash payment for up to ten (10) unused vacation days each year that his accrued vacation days exceed the maximum vacation allotment of 35 days. The Assistant Superintendent will receive a one time cash payment for five (5) additional unused vacation days in September 2015.
The District shall pay the Assistant Superintendent for unused days of vacation leave at the time this Agreement is terminated for any reason, whether voluntarily or involuntarily, at which time the School District shall pay Assistant Superintendent his then-current per diem rate of pay for each day of unused vacation. (“Per diem rate of pay” as the term is used throughout this Agreement shall equal the Assistant Superintendent’s gross annual salary divided by two hundred-forty (240)). Notwithstanding the foregoing, in the event the Assistant Superintendent is terminated under Section 9.A of this Agreement, he shall not receive any payment for unused days of vacation leave.
Sick Leave. The Assistant Superintendent shall carry forward in this Agreement and be credited on the first day of this Agreement with thirty (30) days of accumulated sick leave accrued during his employment with the District. In addition, the Assistant
Superintendent shall earn twenty seven (27) days of sick leave on September 1, 2015, and on July 1 of each subsequent year of the Term and shall earn one (1) day of sick leave per month, up to twelve (12) additional days of sick leave per year and which will be cumulative and accrue from year to year without limit. At the end of the Term or at the termination of the Agreement, to the extent the Assistant Superintendent may be entitled to compensation for unused sick leave, the Assistant Superintendent's compensation for unused sick leave shall be limited to the maximum compensation for unused sick leave in the Act 93 Agreement in effect at the time of the Agreement.
The Assistant Superintendent shall be permitted to use up to five (5) of his accrued sick days per contract year for care of an immediate family member. Immediate family shall be defined as father, mother, brother, sister, son, daughter, husband, wife, parent-in-law or grandchild. Included within the immediate family is any near relative who resides in the same household, or any person with whom the Assistant Superintendent has made his home.
Bereavement Leave. Whenever the Assistant Superintendent shall be absent from duty because of a death:
a. in the immediate family of said employee, there shall be no deduction in salary of the Assistant Superintendent for an absence not in excess of five (5) work days. Members of the immediate family shall be defined as father, mother, brother, sister, son, daughter, wife, husband, parent-in-law, grandchild or near relative who resides in the same household, or any person with whom the Assistant Superintendent has made his home.
b. of a near relative, there shall be no deduction in salary for absence on the day of the funeral. A near relative shall be defined as first cousin, grandfather, grandmother, aunt, uncle, niece, nephew, son-in-law, daughter-in-law, brother- in-law, or sister-in-law.
c. The Assistant Superintendent may use additional days for bereavement, upon approval of the Superintendent.
Retirement Benefits
Retirement Benefit Program. If Assistant Superintendent retires under the provision of the Pennsylvania School Employees’ Retirement System, has a minimum of twelve (12) years of service in the District, has a minimum of five (5) years as an administrator in the District and is at least 50 years of age, he will be entitled to receive benefits for employee and spouse, in the group insurance programs (Hospitalization, Medical-Surgical & Major Medical Insurance, Dental, Vision, Prescription and Life Insurance)
A. Duration. Assistant Superintendent will receive the Retirement Benefit Program until the earlier of: a. Medicare Eligibility Date (Age 65) or b. Ten (10) years from the Date of Retirement.
B. Cost Sharing. Assistant Superintendent shall contribute toward single coverage in the Retirement Benefit Program at the same rate equivalent to the maximum reimbursement provided by the Public School Employees Retirement System or at the same rate as if he was an active Administrator electing the coverage in question, whichever is higher. In the event he is ineligible for the PSERS Premium Assistance Program, such employee shall contribute at the same rate as active Administrators.
The additional cost to the Board to provide coverage to the Assistant Superintendent’ spouse will be fifty percent (50%) paid by the Board and fifty percent (50%) paid by the Assistant Superintendent. The Assistant Superintendent will have a reduction in his portion of the monthly contribution for spousal coverage by three percent (3%) for each year of service over the minimum requirement of twelve (12) years of service in the District. The contribution for spousal coverage made by the Assistant Superintendent will in no case be less than ten percent (10%) of the cost of spousal coverage.
Severance Retirement Benefit.
1. If the Assistant Superintendent retires under the provision of the Pennsylvania School Employees’ Retirement System and has been employed continuously (and approved leave shall be included) in the District for twelve (12) or more years of service, he will be entitled to a severance payment based upon the number of unused but accrued sick days multiplied by the Daily Rate set forth in the chart below.
The severance payment would be calculated on an “early notification rate” set forth in the chart below in the event the District receives a notification from the employee 120 days preceding the date when the employee intends to retire based upon the schedule set forth below:
Number of Accrued Daily Early Notification Sick Days Rate Rate 1-100 $45.00 $60.00 101-200 $55.00 $70.00 201+ $65.00 $80.00
In no event shall payment to the Assistant Superintendent exceed the maximum compensation for unused sick leave under the District’s Act 93 compensation plan in effect at the time of the contract.
Payment will be made as an employer contribution into the Assistant Superintendent’s 403 (b) and/or 457(b) plan. There is no cash option for such payment.
Longevity Incentive:
The District shall make an annual payment to a tax shelter for the Assistant Superintendent in the amount equal to 5% of the Assistant Superintendent’s then-current salary. Payment shall be made on July 1 of each year of the Term with the first payment to be made on July 1, 2016. In the event that the Assistant Superintendent does not finish the Term of this Agreement, the Assistant Superintendent shall repay the District for the payments made to the tax shelter. Provided however, that the requirement for repayment will be waived by the District and the Assistant Superintendent shall not be required to repay the District’s payments to the tax shelter in the event of the Assistant Superintendent’s inability to complete the Term of the Agreement is due to his death, illness, disability, or normal retirement into the Pennsylvania Public School Employees’ Retirement System or other reason agreed to in writing by the Board at its sole discretion.. The Assistant Superintendent shall repay the District within 18 months of the effective date of the resignation or termination.
EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (“Agreement”) is made and entered into this 24th day of August, 2015, by and between West Chester Area School District (“District”), with an address of 829 Paoli Pike, West Chester PA 19380, and Joy McClendon, an adult individual, who resides at 2005 Tulip Road, Glenside, PA 19038 (“Employee”).
It is the sincere desire of the Board of School Directors (“Board”) of the District to establish a mutually rewarding working relationship with Employee.
In consideration of the mutual promises contained herein and intending to be legally bound, the parties agree as follows:
I. EMPLOYMENT
The District hereby employs the Employee in the position of Interim Director of Elementary Education/Gifted Education K-8 and Employee hereby accepts the employment upon the terms and conditions set forth herein.
Employee understands that employment at the District is “at will” and therefore either party may terminate the employment at any time, for any reason or for no reason.
II. CONTINGENCY
This Agreement and employee’s employment is contingent upon Employee obtaining, as well as maintaining, necessary professional certifications, Satisfactory State and FBI Criminal Background Checks, and an Official Clearance Statement of Child Abuse and Neglect as decreed by the Commonwealth of Pennsylvania, such other background check/clearance requirements as may be required by law and receipt of approval from PSERS. Should these conditions not be met and maintained, this Agreement shall become null and void.
III. TERM AND TERMINATION
Subject to the provisions set forth herein, Employee shall be employed beginning August 31, 2015 until November 24, 2015 or until the District’s hiring of a Director of Elementary Education/Gifted Education K-8, whichever happens first, though in no case to extend beyond June 30, 2016.
Notwithstanding the information contained in this Agreement, either party may terminate this Agreement at any time, for any reason or for no reason.
IV. COMPENSATION
In recognition of the responsibilities of Employee and subject to the provisions set forth in this Agreement, the Board agrees to compensate Employee as Employee’s sole and exclusive compensation with a salary of $575.00 (Five Hundred Seventy Five Dollars) per day during the time in which he remains employed with the District under this Agreement.
Employee shall be compensated for days actually worked every two (2) weeks and shall not be eligible for benefits afforded other District employees.
V. DUTIES
The Employee is employed as Director of Elementary Education/Gifted Education K-8 for the District and agrees to perform all duties otherwise assigned to the District’s Director of Elementary Education/Gifted Education K-8. A job description is attached hereto as Exhibit “A”.
It is further agreed that Employee will perform all other duties and responsibilities as determined, approved or assigned by the District.
VI. CONFIDENTIAL INFORMATION
The Employee shall maintain complete confidentiality as defined and required by the District for all information and records obtained from the District. The Employee acknowledges that the District is bound by federal and state laws regarding the compilation, maintenance, and release of educational records. The Employee shall comply with all federal and state laws regarding the confidentiality of educational records of the District and the District’s students including but not limited to the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g and its implementing regulations (34 C.F.R. Part 99).
At the request of District, the Employee shall provide to the District copies of all records (including all electronic records) obtained or generated by the Employee to fulfill his obligations under this Agreement within five (5) business days of the request by the District. The Employee shall provide such records regardless of any dispute then existing between the Employee and the District. The Employee’s obligations under this paragraph shall survive the expiration or earlier termination of this Agreement.
VII. SEVERABILITY
The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any more or more of the provisions hereof shall not affect the validity or enforceability of the other provisions hereof.
VIII. GOVERNING LAW
This Agreement shall be governed by and construed in all respects in accordance with the laws of the Commonwealth of Pennsylvania.
IX. ALTERNATIVE DISPUTE RESOLUTION
The parties agree to cooperate in good faith in all actions relating to this Agreement, to communicate openly and honestly, and generally to attempt to avoid disputes in connection with this Agreement. If, nevertheless, a dispute should arise in connection with this Agreement, the parties agree that such dispute will be settled by binding arbitration, sole arbitrator to be selected by mutual agreement, and expense of such arbitration to be shared equally by the parties.
X. NOTICE
Any notice required to be given under this Agreement by either party shall be sufficient if in writing and sent by certified or registered mail, return receipt requested, postage prepaid, or other means of receipted delivery. Mailed notices shall be addressed to the parties at the addresses appearing in the introductory paragraph of this Agreement but each party may adopt a new address by written notice in accordance with this paragraph. A courtesy copy should be provided to Ross A. Unruh, Esquire, Unruh, Turner, Burke & Frees, P.C., P.O. Box 515, West Chester, PA 19381.
XI. WAIVER
Any failure of the District to demand or require adherence to one or more of this Agreement’s terms, on one or more occasions, shall not be considered as a waiver nor deprive the District of the right to insist upon strict compliance with this Agreement.
XII. MISCELLANEOUS
The headings and other captions in this Agreement are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of this Agreement. The use of gender herein contained shall be deemed to be or include the other gender, wherever appropriate.
XIII. ENTIRE AGREEMENT
This Agreement supersedes any and all employment and/or other agreements, whether written or oral, by and between the Employee and the District and any and all such
prior agreements are hereby cancelled effective as of the date of this Agreement. Employee acknowledges that he has not relied upon any promise(s) made by any member of the Board, and/or by any individual connected with the District.
Notwithstanding any provision herein to the contrary, this Agreement may be amended by mutual agreement of the parties in writing.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have caused this Agreement to be duly executed in their respective names and, in the case of the District, by its authorized representative, the day, month, and year first above written.
WITNESS: West Chester Area School District
By
WITNESS:
Joy McClendon
WEST CHESTER AREA SCHOOL DISTRICT SCHOOL BOARD MEETING
Monday, August 24, 2015 7:30 PM Spellman Administration Building
CONSENT AGENDA
I recommend the Board approve the following consent agenda items:
VII. School Board Reports
Committee Reports
A. Education 1. Approval of the Following Study/Excursion trips: -Henderson HS: Girl’s XCountry; Cary NC; Fri.-Sun. 10/2 to 10/4/2015 -Rustin HS: German 9-11; Germany; Tue.-Thur. 6/21/16 to 6/30/16 2. Approval to Terminate the Following Activity Account(s): -East HS Faculty Fund Account
B. Pupil Services 1. Approval of Two Special Education Settlement Agreements
C. Personnel
D. Property & Finance 1. Approval to Submit to PDE PLANCON-K Project Refinancing Documents for G.O.B Series of 2015
Other Reports
D. Policy Review Committee 1. Approval of Revised Board Policy 108 Adoption of Textbooks, Second Reading 2. Approval of Revised Board Policy 108AG1 Guidelines for Textbook Selection and Adoption, Second Reading 3. Approval of Revised Board Policy 108AG2 Textbook Selection and Adoption Form, Second Reading 4. Approval of Revised Board Policy 109.1 School Libraries, Second Reading 5. Approval of Revised Board Policy 109.1AG1 School Libraries, Second Reading 6. Approval of Revised Board Policy 113 Special Education, Second Reading 7. Approval of Revised Board Policy 113.1 Discipline of Students with Disabilities, Second Reading 8. Approval of Revised Board Policy 113.2 Behavior Support for Students with Disabilities, Second Reading 9. Approval of Revised Board Policy 113.3 Evaluations for Students with Disabilities, Second Reading 10. Approval of Revised Board Policy 113.4 Confidentiality of Special Education Student, Second Reading 11. Approval of Revised Board Policy 113.5 Child Find and Screening, Second Reading 12. Approval of Revised Board Policy 114 Gifted Education, Second Reading 13. Approval of Revised Board Policy 124 Alternative Instruction Courses, Second Reading 14. Approval of Revised Board Policy 125 Adult Education, Second Reading 15. Approval of Revised Board Policy 137 Home Education Programs, Second Reading 16. Approval of Revised Board Policy 137AG1 Home Education Programs Nondistrict Programs Guidelines, Second Reading 17. Approval of Revised Board Policy 137AG2 Home Education Programs District Programs Guidelines, Second Reading 18. Approval of Revised Board Policy 214-Class Rank, Second Reading
CONSENT AGENDA Page 2 Monday, August 24, 2015
19. Approval of Revised Board Policy 250-Student Recruitment, Second Reading 20. Approval of Revised Board Policy 304-Employment of District Staff, Second Reading 21. Approval of Revised Board Policy 304AG1-Hiring Procedure-Employment of Professional Employees, Second Reading 22. Approval of Revised Board Policy 304AG2-Hiring Procedure-Employment of Administrators, Second Reading 23. Approval of Revised Board Policy 304AG3-Interview Record, Second Reading 24. Approval of Revised Board Policy 305-Employment of Substitutes, Second Reading 25. Approval of Revised Board Policy 305AG1-Guidelines for Substitute Coverage, Second Reading 26. Approval of Revised Board Policy 313-Evaluation of Employees, Second Reading 27. Approval of Revised Board Policy 313AG1-Guidelines for Evaluations, Second Reading 28. Approval of Revised Board Policy 324-Personnel Files, Second Reading 29. Approval of Revised Board Policy 324AG1-Personnel Files-Records Location Guideline, Second Reading 30. Approval of Revised Board Policy 328-Compensation Plans/Salary Schedules, Second Reading 31. Approval of Revised Board Policy 328AG1Guidelines for Pay on Emergency Closing Days,, Second Reading 32. Approval of Revised Board Policy 621AG1-Local Taxpayer Bill Of Rights Procedures, Second Reading 33. Approval of Revised Board Policy 621AG2-Disclosure Statement, Second Reading 34 Approval of Revised Board Policy 621AG3-Petition for Appeal and Refund, Second Reading 35. Approval of Revised Board Policy 621AG4-Request for Extension of Time, Second Reading 36. Approval of Revised Board Policy 621AG5-Initial Refund Claim Form, Second Reading 37. Approval of Revised Board Policy 625-Procurement Cards, Second Reading 38. Approval of Revised Board Policy 103.1 NonDiscrimination-Qualified Students with Disabilities, Second Reading 39. Approval of Revised Board Policy 116 Tutoring, Second Reading 40. Approval of Revised Board Policy 117 Homebound Instruction, Second Reading 41. Approval of Revised Board Policy 132 Alternative Education, Second Reading 42. Approval of Revised Board Policy 210-Use of Medications, Second Reading 43. Approval of Revised Board Policy 251-Homeless Students, First Reading
IX. Other Business 1. Approval of School Board Treasurer’s Report and Statement of Disbursements Summary Schedule for the Period of July 1, 2015 to July 31, 2015 2. Approval of the July 31, 2015 Financial Report
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Discussion:
Action: Motion:
Vote: Yes: No: Background These action items are either routine or high consensus items and may not require discussion by the Board. If any Board member wishes to discuss any action item, the Board President will move it from the consent agenda to its appropriate place on the regular agenda. Responsible Staff: Dr. Scanlon
West Chester Area School District Education Committee August 24, 2015
Action Items
Approval of the Following Study/Excursion Trips Approval is requested for the following Study/Excursion trips: - Henderson HS: Girl’s XCountry; Cary NC; Fri.-Sun. 10/2 to 10/4/2015 - Rustin HS: German 9-11; Germany; Tue.-Thur. 6/21/16 to 6/30/16
I so move.
Approval to Terminate the Following Activity Account(s) Approval is requested terminate the following Activity Account(s): - East HS Faculty Fund Account
I so move.
Approval of the Election of Mark Miller, PSBA President Approval is requested of the Election of Mark Miller, PSBA President
I so move.
Approval of the Election of Michael Faccinetto, PSBA Vice President Approval is requested of the Election of Michael Faccinetto, PSBA Vice President
I so move.
Approval of the Election of Larry Feinberg, At-Large Representative (East) Regions 7,8,10,11,15 Approval is requested of the Election of Larry Feinberg as At-Large Representative (East) Regions 7,8,10,11,15
I so move. Education Committee Meeting Minutes August 10, 2015 Education Committee: 7:16 p.m. – 8:25 p.m.
Attended: Susan Tiernan*, Joyce Chester*, Bret Binder*, Chris McCune, Gary Bevilacqua, Rick Swalm, Jim Scanlon, Sara Missett, Robert Sokolowski
Items listed on the Education Committee Regular Agenda of June 1, 2015: Approval of the Education Committee Meeting Minutes of June 1, 2015 Elementary and Secondary Enrollment Updates 2015-2016 Elementary and Secondary Education Initiatives (Plans) 2014-2015 Senior Survey Post-Secondary Report 2016 PSBA Officer Elections
A. Actions and Outcomes: 1. Approval of the Education Committee Meeting Minutes of June 1, 2015: vote 3-0
B. Items to be placed on upcoming Board Agenda: None
C. Items to be placed on the Consent Agenda: 1. Approval of the Following Study/Excursion trips: - Henderson HS: Girl’s XCountry; Cary NC; Fri.-Sun. 10/2 to 10/4/2015
2. Approval to Terminate the Following Activity Account(s): - East HS Faculty Fund Account
D. Items to be discussed at a later date: None
PSBA Officer Elections: Slate of Candidates
According to PSBA Bylaws, the Leadership Development Committee drew lots to determine the order in which names appear on the official slate of candidates. Photos, bios and videos will be posted on PSBA’s website by July 30.
President-Elect
Mark B. Miller*, Centennial SD (Bucks Co.) Mary Birks*, Mt. Lebanon SD (Allegheny Co.)
Vice President
John Love, Muhlenberg Twp. SD (Berks Co.) Robert Schwartz*, Wallenpaupack Area SD (Pike Co.) Michael Faccinetto*, Bethlehem Area SD (Northampton Co.)
Eastern At Large
(Only school entities in PSBA Regions 7, 8, 10, 11 and 15 cast a vote for this position. If your entity is not in one of these regions, you will not see this position on your electronic ballot that you will receive from Simply Voting on Aug. 17. Western and Central At Large positions are not up for election this year.) Michael Melnyk, Norristown Area SD (Montgomery Co.) Gary Smedley*, Carbondale Area SD (Lackawanna Co) Larry Feinberg*, School District of Haverford Township (Delaware Co.) (Candidate videos are included on the individual’s page, below the candidate’s information. You also may view all candidate videos in succession through this link.)
* ENDORSEMENT is noted in compliance with PSBA Bylaws (Art. IV, G) and Policy #302 which requires those who seek endorsement to be interviewed (D, 1) and that the published slate clearly indicate whether a candidate has been endorsed (E, 2). The committee is also to consider “…the extent to which the candidate’s background, experiences, talents, training and involvement in Association activities and other pertinent attributes indicate their potential for valuable contributions to the success of the Association at increasing levels of Association leadership and responsibility”; consider “…fiscal acumen and experience in finance and accounting…” for the office of Treasure; and, additionally, the policy requires the LDC ” …shall further outline endorsement criteria…” (D, 3). The committee has incorporated these directives into a rubric to assure all applicants are evaluated consistently in identifying those considered highly qualified. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
President-Elect Mark B. Miller
I’m Mark B. Miller and serve as your PSBA Vice President. I’m asking for your support by electing me to the office of 2016 President Elect. I have many years of preparation and experience to earn your vote. Given the endorsement of the Leadership Development Committee and others, I ask you to consider my credentials to determine whose proven qualifications best fit this leadership position.
Four Past Presidents have mentored me for PSBA’s highest office. After Fred Botterbusch encouraged me to become more active in 2008, I was elected Assistant Region Director for Lower Bucks County. Roberta Marcus and Marianne Neel in 2010/11 modeled the obligations of PSBA Leadership, their expertise guiding my service during three years of Board experience beginning as 2nd Vice President in 2012.
As 1st Vice President (2013) to Dr. Marcela Diaz Myers, I chaired the Platform and Technology Committees and formed the successful Career and Technical Education Task Force whose work I will complete if I become your President.
Serving as BuxMont Regional Director, participating on the Region Director Coordinating Council was a valuable prerequisite for President Elect. I gained great insight to our 500 member school districts from sharing with RDCC members statewide.
Officers of PSBA must be leaders in advocacy. During my time as a Centennial School Director and member of PSBA’s Governing Board, I participated in important and persuasive legislative activities at the state and federal level. I testified before the Education and other Committees several times since 2009. I’m personally known by House and Senate leaders, including Chairs of the Education, Finance, Appropriations, Policy and Judiciary Committees.
I have secured business sponsors for PSBA’s Educational Foundation
I am a recipient of the Timothy M. Allwein Advocacy Award, Co-chair of the Keystone State Education Coalition, Director of Diane Ravitch’s Network for Public Education and delegate to NSBA’s Federal Relations Network. My website, www.markbmiller.com has twenty-five letters related to my service.
During the last three years, PSBA transitioned through many positive governance and administration changes which I am proud to have been a part. I participated in the final selection of our Executive Director who’s made remarkable strides restoring value to membership and credibility to our mission on Capitol Hill.
Our 2016 President will be a phenomenal leader. I want to continue serving and supporting her work.
Leadership requires dedication and passion for our efforts, motivating others to become PSBA’s next generation of leaders.
With your support we can dedicate our efforts together, fulfilling the mission of PSBA’s commitment to public education. Every candidate on the ballot has leadership potential if properly cultivated. You might decide you want to lead PSBA someday. You are PSBA’s future. I’m counting on you to make the right choice to Stand Up for Public Education! Vote for me as President Elect.
Highlights:
2014 Timothy M Allwein Award Recipient Chairman, PSBA Ed PAC Chairman, 2013/15 Platform Committee Chairman, CTE Taskforce Chairman, PSBA Technology Committee Member, 2010/11/12/13/15 Bylaws Committee Delegate, 2009-15 NSBA Federal Relations Network
(Partial list – see www.markbmiller.com) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Mary D. Birks
Mary D. Birks has been a member of the Mt. Lebanon SD School Board (Allegheny County) since 2009, presently serving as Vice President. She has been PSBA liaison for the Board for the past four years, providing comprehensive reports each month on all issues impacting public education, meeting regularly with both her State Senator and House Representative. She has chaired the policy committee for her local board, and served as a member of the board for Pathfinder School for Exceptional Students. As a member of the NSBA Federal Relations Network, Mary provides her Congressman with information on upcoming federal legislation, noting its potential effects on local districts. She presently serves as a member of the PSBA’s Future of Membership Taskforce, working with other members from across the state to make recommendations for the recruitment, training and retention of future school board directors. Birks regularly attends and actively participates in the Annual Leadership Conference and Region 14 legislative meetings, expanding her knowledge through the training offerings and networking opportunities.
Her work to support public education began through leadership positions within her local PTA, serving her community as Council President from 2006 to 2008.
Her background in communications and public relations provided her the skills necessary to build teams working towards a common goal, actively advocating for policies and programs benefiting all students in the district. She was a member of the district’s Internal Assessment Team, trained to utilize Baldrige Quality Assessment tools in order to understand the value of systems and processes throughout the district. Findings from this assessment led to major administrative changes in the district, ultimately saving hundreds of thousands of dollars as well as allowing for an expansion of leadership opportunities available to teachers.
As Manager, Educational Programs for GSWPA, Mary managed the Leaders in Training for Tomorrow (L.I.F.T.) which provided leadership and Girl Scouts’ focused programs for girls in three school districts in Allegheny County, as well as two schools in Erie. Birks saw firsthand how cuts to public education can adversely affect students in struggling districts. She is a strong supporter of the Basic Education Funding formula, providing information to her State Senator, a member of the Basic Education Funding Commission.
Birks believes in the power of public education and the state’s responsibility in providing a ‘thorough and efficient system of public education’ for our students and the communities in which they reside. Only then can we expect to be competitive both nationally and within the global marketplace.
Mary appreciates your vote for the office of President elect, believing it a privilege to work with other directors and to educate members on how best to provide essential advocacy for public education.
Birks holds a Bachelor of Arts degree in Communications from the University of Pittsburgh and is Executive Director for Outreach Teen & Family Services, a children and family counseling agency, serving clients in Allegheny and Washington counties. She and her husband of 27 years have two grown children and reside in Mt. Lebanon.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Vice President John Love
My name is John Love, and I am a graduate of Muhlenberg High School where I currently hold the office of board president. My interest in becoming a school director started when my daughter Sarah began kindergarten. Encouraged by my wife Ann to run for the Muhlenberg Township School Board, I was elected in 2010. My goal was to insure that Muhlenberg be to my daughter everything it had been for me.
A significant factor to my success on the Muhlenberg School Board is my leadership experience with organized labor in Berks County. In 1999, I went to work at Brenntag Northeast as a Teamster truck driver. I was elected shop steward, responsible for settling grievances and negotiating contracts. This experience taught me how to be an effective advocate on behalf of others. In 2010, I was asked to take a position in management as a dispatcher. Two years later I became the operations manager for Brenntag Northeast, responsible for the day to day operations of this global chemical distribution company. I attribute my career path to being able to see both sides of an issue and willing to do what is needed to get a job done. I would like to use the skills and insights I have developed from my work experience to bear in support of public education.
I am looking to become a larger part in the good work of PSBA. As Vice President, I would have a stronger position to advocate for public education. I see myself listening to the stories of school directors across the state, and taking their successes and challenges to legislators. Our voices must be included in the education reform dialogue, whether the focus is on pensions, standards, or the workplace.
Shortly after my election to the Muhlenberg School Board, I became our PSBA liaison. I attended conferences at Penn State and Hershey, participating in a variety of educational workshops. It was PSBA that made me fully understand what the position of school director meant, both the authority and the limitations. But I also discovered advocacy for public education. I learned that what I was a part of was not something to take for granted. Public education is a right of every child, but it is under constant attack. In the years that I have served, I have seen the rise of charter schools; out-of-control litigation; and micro- managing, unfunded mandates. At the same time, we have had decreases in government funding, resulting in program cuts, job loss, and increased taxation at the local level. I would like to use the skills and lessons I have learned over my career to better advocate for public education and give back to PSBA, an organization that has helped me become a strong leader for public schools in Pennsylvania.
My name is John Love and I ask for your vote for PSBA board Vice President.
Thank you.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Robert Schwartz
Hello, I am Bob Schwartz, an endorsed candidate for the position of Vice President for the PSBA Board of Directors. I am a Financial Advisor with an independent practice near Lake Wallenpaupack in the Poconos. Having 2 children, one that was his class salutatorian, AND one with special needs is what originally drew me to service on the school board. However, I waited to serve until they both graduated to avoid any conflicts of interest or appearance of hidden agendas.
My tenure on the board is nearing 9 years of service and I have been their representative to IU 19 for over 4 years. I served one term as vice president and two terms as Board President of IU 19.
One of my short-term plans for the PSBA is to increase its value as a resource for IUs and Career Technology Centers. As board members of these organizations we do not have many resources or advocates to turn to for those special needs. To that end, PSBA’s Western Region director-at-large, Daniel O’Keefe and I worked together to form just such a segment within the auspices of the PSBA. Although we started to lay the groundwork, there is much more that needs to be done.
One of the important challenges that I see for the PSBA and public education in Pennsylvania is the proliferation of cyber-charter schools and their drain on public school budgets. I have spoken with several legislators and intend to continue to address the inequity of the cyber-charters being able to extract funding from the public school system without the substantiation of their expenses or meeting the rigorous educational standards that public schools must meet. Additionally, the cyber charters have now targeted special education as a huge revenue source and I feel that this is point that is missed entirely by our legislators. Cyber charters are receiving full special ed funding for minimal effort.
On the other side of the equation- as public schools we have to find a way to appeal to those students that need to avail themselves of a cyber-education. Although we don’t want to chase students out of the classroom, we must help them understand that they can utilize cyber-education while attending their home district. This will allow them reap the benefits of being in the district; such as extracurricular activities and walking with their friends at graduation.
Being a financial advisor- I feel that I will also be of service to the board’s finance committee.
My allegiance is only to the board and organization as a whole. I enter all discussions with an open mind and make my decisions only after careful consideration of all sides and opinions. I look forward to your support in my endeavor to serve as vice president on the PSBA board.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Michael Faccinetto
Hello, my name is Michael Faccinetto, and I am the endorsed candidate for Vice President. I am a member of the Bethlehem Area School District (BASD) Board serving in my second term. I have held various leadership roles within the board and our joint vocational technical school. I serve as the negotiator for the board for the past 5 years overseeing six collective bargaining agreements as well as the HR Committee Chair. I am the past president and vice president of the Vo-Tech Board which is a collaboration of three districts. Currently, I am in my fourth year as the BASD board president having been elected unanimously each time.
I am currently serving as the PSBA Eastern At-Large Representative and was a past Region 8 Director and Assistant Regional Director. I am currently chairing the Future of Membership Task Force and Policy Review Committee, and was part of the bi-laws committee in 2013, the platform committee in 2014, Legislative Advocacy Day, and a multiple year attendee of the October Leadership Conference.
In my professional life I am a licensed Insurance Agent in Bethlehem for the past 14 years. I take pride in providing my customers with not only personal service, but an understanding of their needs. I value my local community and volunteer with several organizations to make Bethlehem a better place. I am an active volunteer and executive board member of the Minsi Trails Council, BSA. I have served and presented on several different committees during the development of 2 separate strategic plans for the council. As a founding member of the West Broad Street Business Association in Bethlehem I worked with 3 other business owners to launch our organization. We worked closely with the City of Bethlehem to highlight the businesses of the West Broad Street neighborhood. I am married to my wife Amy for 11 years and have 3 great children. Somewhere in all of this I find time to train for and run marathons.
I feel all aspects of my community service from the Boy Scouts to the West Broad Street Business Association to work in my church illustrate my dedication to the community. My work with any of these organizations has helped prepare me for statewide service to the PSBA. However, my 4 years as president of the BASD Board of Directors has prepared me the most. Bethlehem is the 6th largest district in PA and encompasses the City of Bethlehem and surrounding townships. We educate over 14,000 students daily, employ over 2,000 people including 1050 teachers, log 7000 miles a day on our buses, and operate 22 school buildings. We are a busy board and have a very active community. To have had the privilege to serve as president for 4 consecutive terms in my 6 years on the board is humbling. I believe it is a testament to my ability to build a consensus, involve everyone, and respect differing opinions. All of which will help me serve the PSBA.
Eastern At Large (Only school entities in PSBA Regions 7, 8, 10, 11 and 15 (WCASD REGION) cast a vote for this position. If your entity is not in one of these regions, you will not see this position on your electronic ballot that you will receive from Simply Voting on Aug. 17. Western and Central At Large positions are not up for election this year.)
Michael Melnyk, Norristown Area SD (Montgomery Co.) Gary Smedley*, Carbondale Area SD (Lackawanna Co) Larry Feinberg*, School District of Haverford Township (Delaware Co.) (Candidate videos are included on the individual’s page, below the candidate’s information. You also may view all candidate videos in succession through this link.) Michael Melnyk
This is my 12th year on the Norristown Area School Board. I’ve been involved in negotiating two teachers’ and one support staff contract. I’m on the HR Committee and the Joint Operating Committee of the Vocational Technical School. I’m proud that we implemented full-day kindergarten in our district.
I’m on the Legislative Committee at IU23. We review pending legislation from the House and Senate and then communicate this information to our home schools.
I’m a graduate of Eastern Technical School, with an Automotive Technology degree, so I have knowledge of how a Career and Technical Center operates. My background is an automotive Service Manager. This training helps me with problem solving and working with the public.
Recently I was selected with other board members to rewrite the PSBA Standards for Effective Governance and Code of Conduct. I enjoyed working on this project, under the direction of Dr. Richard Frierichs, Roberta Marcus and PSBA President-elect Kathy Swope. I was also on the CTC Committee that was led by Mark Miller. We worked to get funding and recognition for CTC Schools in Harrisburg.
While on the Central Montco Technical High School Board (CMTHS), I have been involved in many projects. From 2003-2007 us board members were involved with the design and completion of the renovation of the school. All areas of study received updated rooms and equipment. I was the JOC President for two terms, secretary for one and am now in my second term as Vice-Chairman.
I’m on the Occupational Advisory, the Facilities and the HR Committees. I’m the head judge for NOCTI and Skills USA Auto Tech competitions. I’ve often helped at CMTHS in Auto Tech when the teachers need assistance. I was the driving force to get the lights in the Auto Tech, Collision shop and Carpentry classes up-graded to LED lighting. I also assisted the school in getting a grant to make this affordable. This has greatly improved the safety of the students.
I have demonstrated my knowledge and dedication through my actions in the past 12 years. The School Boards during this time have worked together well and accomplished a lot.
I am up to the challenge of being the 2016 Eastern Member-at-Large for PSBA. My vision and goals for PSBA are to continue to guide school directors as they face the ever-changing dynamics of our times with continued education through seminars and publications. This has been evolving under our Executive Director, Nathan Mains and President William LaCroff.
I see challenges for PSBA because of the mandates coming from Harrisburg, including the State Budget and the Fair Funding Formula for our School Districts. What is the long term solution to the PSERS dilemma? I think with dedicated PSBA staff and Members voices pushing our State Government, positive things will happen. I am passionate to serve the Students, Administration and Citizens of our District to the best of my ability.
I live in East Norriton with my wife. Our daughter is in graduate school in Florida.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Gary Michael Smedley
My name is Gary Michael Smedley, and I’m running for the Eastern Section At Large Representative. I’m currently the President of the Carbondale Area School Board in Lackawanna County. I am a 2005 graduate of my district, and I received my Doctorate of Pharmacy degree from the University of the Sciences in Philadelphia. I am currently employed as a pharmacist for Figliomeni Drug Store, a local, independently owned pharmacy in Carbondale. I have served on my board since 2007, winning a seat while still attending college. I served as Vice President of the Board for 3 years, before becoming elected President in May 2011, a position I have held since.
I am extremely active in my community; I have been a member of the Andrew Mitchell Hose Company #1 since 2004; and I have been a member of the Lackawanna County Pharmacy Association since 2011. I currently serve as the Treasurer for the Lackawanna County Stadium Authority, home of the AAA affiliate of the New York Yankees. While in college, I served as Vice President and later President of the Student Government Association at the University of the Sciences in Philadelphia.
My interest in becoming the Eastern At Large Representative is rooted in my desire to help other districts overcome some of the challenges that we have faced at Carbondale Area recently. Under my leadership as President, the board was able to weather the economic downturn better than other districts in the state. I worked with my fellow members to build a strong coalition that scrutinized every dollar that we were spending. We were able to save the district large sums of money while improving our academic standings. Under my leadership, the board also undertook an extensive renovation of our over 30 year old high school facility and surrounding campus. We also worked to restructure our operations on the administrative level to ensure that our district could operate efficiently in the current economic client.
The challenges that I face as President of the Carbondale Area board have helped me gain a vast understanding of the issues facing other districts, as our district suffers the effects of having a charter school located within our boundaries, higher percentages of special education students than the state average; and a higher level of economically disadvantaged students than the state mean. I believe my experiences dealing with these issues make me well versed to serve in office for the PSBA.
Additionally, I have attended numerous NSBA conventions in an effort to stay up to date on the most current topics and make myself a better school board member. Based on my background and experiences, I believe that I will make an excellent Representative on the PSBA and I humbly ask for your support.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Lawrence A. Feinberg
I believe that public education is both a core responsibility and foundation of our democracy. I am interested in serving to help ensure that PSBA continues to be the strong, leading voice in Pennsylvania public education advocacy. Now running unopposed for a fifth term on the Haverford school board, I am recognized as a strong advocate for public education statewide, with extensive experience at the local, regional, state and national levels.
Prior PSBA experience includes serving on the Board of Directors, Region 15 Director, Vice-Chairman of Region Directors Coordinating Council, Chairman of the Bylaws Committee, Leadership Development Committee, Timothy M. Allwein Advocacy Award Committee, Membership Participation Task Force, Legislative County Coordinator for Delaware County. I presently serve on the Legislative Advisory Council and Charter School Policy Working Group. I was nominated by more than 80 school directors and education leaders statewide as the recipient of PSBA’s first annual Timothy M. Allwein Advocacy Award.
Nationally, I have served on NSBA’s Federal Relations Network since 2002 and am a member of Diane Ravitch’s Network for Public Education. In 2012, I was selected to accompany a group of forty PA education leaders invited to meet with President Obama’s senior education policy advisors and top staff from the U.S. Department of Education at a White House Education Roundtable.
I was recognized as a “hero of public education” and model education activist by Diane Ravitch on her blog in 2012. In 2010, I initiated and led a statewide grassroots effort that raised over $2200 to purchase 100 copies of Diane Ravitch’s “The Death and Life of the Great American School System: How Testing and Choice are Undermining Education” and hand-delivered them to Pennsylvania policymakers in Harrisburg and Washington.
Regionally, I have served as Chairman of the Delaware County School Boards Legislative Council since 2006; as a member of the Philadelphia Education Fund’s Education First Compact, and as Education Advocacy Consultant to the Chester County Intermediate Unit. In 2012 I was the recipient of the Media Area NAACP’s Foot Soldier for Justice Award in recognition of a commitment to universal public education and advocacy efforts on behalf of the most vulnerable of Pennsylvania’s students.
At the state level, I am founder and Co-Chair of the Keystone State Education Coalition publishing the daily PA Education Policy Roundup that reaches over 3600 PA policymakers. I have served as a member of the Pennsylvania Campaign for Fair Education Funding, the Pennsylvania School Funding Campaign Steering Committee, and the Pennsylvanians Opposed to Vouchers Coalition. I presently serve as a Circuit Rider for the Campaign for Fair Education Funding.
I have provided testimony to the Senate Education Committee, PA Auditor General, Senate Democratic Policy Committee, House Education Committee, House Democratic Policy Committee, House Republican Policy Committee, Independent Regulatory Review Commission and Governor’s Task Force on School Cost Reduction on issues including Charter Reform, Voucher Bill, School Choice, Keystone Exams, Cyber Charter School Funding & Oversight. I also participated in the State Board’s Education Costing Out Study as a Focus Group member.
WEST CHESTER AREA SCHOOL DISTRICT Pupil Services Committee August 24, 2015 ACTION ITEMS
Approval of Two Special Education Settlement Agreements
Approval of Two Special Education Settlement Agreements is being requested
I so move.
Pupil Services Meeting Minutes August 10, 2015
Pupil Services Committee Meeting
Attended: School Board: Ms. Chester*, Mrs. Tiernan*, Mr. Binder*, Dr. Swalm, Mr. Bevilacqua, Mr. McCune Administration: Dr. Scanlon, Dr. Sokolowski, Dr. Missett
Ms. Chester opened the meeting at 6:30 pm.
Items listed on the Pupil Services Committee Regular Agenda of May 11, 2015:
Approval of the Pupil Services Committee Meeting Minutes for May 11, 2015 Pupil Services Overview Presentation
A. Actions and Outcomes: 1. Approval of the Pupil Services Committee Meeting Minutes for May 11, 2015, vote: 3-0
B. Items to be placed on upcoming Board Agenda: None
C. Items to be placed on the Consent Agenda:
D. Items to be discussed at a later date: None
The meeting ended at 7:00 pm.
Next Meeting: Monday, September 14, 2015 – 6:30 pm
WEST CHESTER AREA SCHOOL DISTRICT Property & Finance Committee August 24, 2015– ACTION ITEMS
Approval to Submit to PDE PLANCON-K Project Refinancing Documents for G.O.B Series of 2015
Approval is requested to submit to PDE PLANCON-K Project Refinancing documents for G.O.B. Series of 2015.
I so move.
PART K: PROJECT REFINANCING BOARD TRANSMITTAL
DISTRICT/CTC: West Chester Area School District COUNTY: Chester and Deleware County
FINANCING NAME: GOB Series of 2015
ALL REF PAGE # X K02 Refinancing Transaction Explanation X K03 Summary of Sources and Uses of Funds X Signed Board Resolution Authorizing Financing Transaction (including the form of the Bond/Note) X Signed Bond/Note Purchase Contract or Completed and Signed Bid Form from Successful Bidder NA Signed Lease Agreement or Loan Agreement NA Signed Swap Transaction Confirmation, if applicable NA Unallocated Funds X Signed Verification Report for Advance Refunding/ Certification for Current Refunding from Paying Agent/Trustee NA Cash Flow Statement for Current Refunding Call Requirement (if call requirement not gross funded at settlement) X Payment Schedule for New Issue/Note X Payment Schedule for Original Issue/Note Refinanced NA Payment Schedule for Issue/Note Not Refinanced
The financial consultant for this refinancing is: Public Financial Management, Inc. Name of Firm/Company
The person to be contacted if there are any questions about Series of 2015 is:
Jamie L. Doyle, Managing Director (717) 232-2723 (717) 232-8610 Financial Consultant's Name and Position Phone Number Fax Number The financial consultant's address is: 1 Keystone Plaza, Suite 300, N. Front & Market, Harrisburg, PA 17101
The financial consultant's e-mail address is: [email protected]
The school administrator to be contacted if there are any questions about Part K is:
Justin Matys, Assistant Director of Business Affairs (484) 266-1020 (610) 436-8386 District/CTC Administrator's Name and Position Phone Number Fax Number The school administrator's e-mail address is: [email protected]
This certifies that the attached materials were approved for submission to the Pennsylvania Department of Education by board action.
BOARD ACTION DATE:
VOTING: AYE NAY ABSTENTIONS ABSENT
Signature, Board Secretary Board Secretary's Name Printed or Typed
829 Paoli Pike, West Chester, PA 19380 District/CTC Address Date
REVISED JULY 1, 2010 FORM EXPIRES 6-30-12 PLANCON-K01 REFINANCING TRANSACTION EXPLANATION District/CTC: Financing Name: West Chester Area School District GOB Series of 2015
Complete a separate information block for each bond series included in this PlanCon Part K submission. Enter "Not Applicable" or "N/A" if the information doesn't apply.
Refunding New Money Issues/Notes/Loans Issues/Notes Refunded, PDE Partial Current or > $10,000 (ex. GOB, Refunding Refinanced or Restructured Lease or Full Advance (Indicate Yes PDE Project Number and Building Series of 2005) (ex. GOB, Series A of 2000) Number Refunding Refunding or No) Name Funded by New Money
GOB Series 2010 Full Current N/A
No
GOB Series of 2015
NOTES:
NOTES:
REVISED JULY 1, 2010 FORM EXPIRES 6-30-12 PLANCON-K02 SUMMARY OF SOURCES AND USES OF FUNDS District/CTC: Financing Name: Closing Date: West Chester Area School District GOB Series of 2015 6/1/2015 REPORT TO THE PENNY - DO NOT ROUND SERIES SERIES GOB Series of 2015 SOURCES: Bond Issue (Par) $7,850,000.00 Original Issue Discount/Premium 255,403.10 Accrued Interest Cash Contribution by District Unallocated Funds from Bond Issues Being Refunded Other Sources of Funds (Specify) 1.
2.
3.
4.
TOTAL - Sources of Available Funds $8,105,403.10 USES: Purchase of Investments/Escrow Cash for Current Refunding 8,018,250.56 Issuance Costs: 1. Underwriter Fees 10,833.00 2. Bond Insurance 3. Bond Counsel 20,056.72 4. School Solicitor 9,512.00 5. Financial Advisor 23,106.25 5. Paying Agent/Trustee Fees and Expenses 1,500.00 7. Printing 5,721.00 8. Rating Fee 11,700.00 9. Verification Report 10. Computer Fees 11. CUSIP 216.00 12. Internet Auction Fee 2,750.00 13. Escrow Agent 14.
15.
Total - Issuance Costs $85,394.97 Accrued Interest Capitalized Interest Surplus Monies or Cash to School District Other Uses of Funds (Specify) 1. Sinking Fund Deposit 1,757.57
2.
TOTAL - USES OF AVAILABLE FUNDS $8,105,403.10
REVISED JULY 1, 2010 FORM EXPIRES 6-30-12 PLANCON-K03 WEST CHESTER AREA SCHOOL DISTRICT
$7,850,000 GENERAL OBLIGATION BONDS, SERIES OF 2015
DISPOSITION OF FUNDS 06/01/2015
RECEIPTS AT CLOSING
Par Amount 7,850,000.00 Net Original Issue Premium 255,403.10 Underwriter's Discount (10,833.00) Good Faith Deposit (81,050.00)
Wire from Janney Montgomery Scott LLC 8,013,520.10 Good Faith Deposit 81,050.00
TOTAL RECEIPTS 8,094,570.10
DISBURSEMENTS AT CLOSING
Rhoads & Sinon LLP Bond Counsel Fee 19,000.00 Expenses 1,056.72 20,056.72
Unruh, Turner, Burke & Frees, P.C. Solicitor Fee 9,512.00 9,512.00
Public Financial Management, Inc. Financial Advisory Fee 22,500.00 Word Processing & Formatting 4,000.00 Expenses 606.25 27,106.25
Moody's Rating Fee 11,700.00 11,700.00
Grant Street Group Internet Auction Adminstrator 2,750.00 2,750.00
Mountaintop Studios Official Statement Printing 1,721.00 1,721.00
TD Wealth Management Redemption Agent Fee 500.00 500.00
Manufacturers and Traders Trust Company Paying Agent Fee 1,000.00 1,000.00
Standard & Poor's Corporation Standard & Poor's - CUSIP 216.00 216.00
TOTAL EXPENSES PAID AT CLOSING 74,561.97
Amount to Call Bonds 8,018,250.56
Sinking Fund 1,757.57
TOTAL DISBURSEMENTS AT CLOSING 8,094,570.10
6/19/2015 District/AVTS West Chester Area School District PDE LEASE # (PDE Use Only) Financing GOB Series of 2015 Name: Total Bond Issue: 7,850,000 Dated Date: 6/1/2015 Settlement Date: 6/1/2015 Original Issue Premium: 255,403.10 PAYMENT PRINCIPAL PRINCIPAL RATE INTEREST PERIOD STATE DATE OUTSTANDING TOTAL FISCAL YR TOTAL (7/1 - 6/30) 42,139.00 7,850,000.00 11/15/2015 4,610,000.00 3,240,000.00 2.000 98,400.00 3,338,400.00 5/15/2016 4,610,000.00 75,600.00 75,600.00 3,414,000.00 11/15/2016 1,290,000.00 3,320,000.00 3.000 75,600.00 3,395,600.00 5/15/2017 1,290,000.00 25,800.00 25,800.00 3,421,400.00 11/15/2017 0.00 1,290,000.00 4.000 25,800.00 1,315,800.00 5/15/2018 0.00 0.00 0.00 1,315,800.00
TOTAL 7,850,000.00 301,200.00 8,151,200.00 8,151,200.00 District/AVTS West Chester Area School District PDE LEASE # (PDE Use Only) Financing General Obligation Bonds, Series of 2010 Name: (Refunded) Total Bond Issue: 8,010,000
PAYMENT PRINCIPAL PRINCIPAL RATE INTEREST PERIOD STATE DATE OUTSTANDING TOTAL FISCAL YR TOTAL (7/1 - 6/30) 42,139.00 8,010,000.00 11/15/2015 4,740,000.00 3,270,000.00 2.000 92,818.75 3,362,818.75 5/15/2016 4,740,000.00 60,118.75 60,118.75 3,422,937.50 11/15/2016 1,390,000.00 3,350,000.00 2.500 60,118.75 3,410,118.75 5/15/2017 1,390,000.00 18,243.75 18,243.75 3,428,362.50 11/15/2017 0.00 1,390,000.00 2.625 18,243.75 1,408,243.75 5/15/2018 0.00 0.00 0.00 1,408,243.75
TOTAL 8,010,000.00 249,543.75 8,259,543.75 8,259,543.75 @ Wealth Management
TD Wealth Management, Institutional Trust TD Bank, National Association 1006 Asroria Blvd Cherry Hill, NJ 08034 Phone: (856) 685-51l3 Fax: (856) 533-7136 Email: [email protected]
August 7,2015
Ms. Jamie Doyle Public Financial Management One Keystone Plaz4 Suite 300 N. Front & Market Streets
Harrisburg, PA 1 7101
Dear Ms. Doyle:
Per your request, we hereby confirm to you the requirements to pay the refunded outstanding principal due on the West Chester Area School District. Series of20l0 through the call date of June 1,2015.
2010 Bonds Called June l,2015 $8,010,000.00 Interest due June 1.2015 $8,250.56
If you have any additional questions or need additional information do not hesitate to contact me. WEST CHESTER AREA SCHOOL DISTRICT, Chester and Delaware Counties, Pennsylvania
RESOLUTION
INCURRING NONELECTORAL DEBT TO BE EVIDENCED BY GENERAL OBLIGATION BONDS IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF TWENTY SEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($27,500,000), TO REFUND ALL OR A PORTION OF THIS SCHOOL DISTRICT'S OUTSTANDING GENERAL OBLIGATION BONDS, SERIES OF 2010 AND SERIES A OF 2010, UNDERTAKE PUBLIC SCHOOL BUILDING AND FACILITY IMPROVEMENT PROJECTS, AND TO PAY RELATED COSTS AND EXPENSES; ACCEPTING A BOND PURCHASE AGREEMENT; SETTING FORTH THE PARAMETERS, SUBSTANTIAL FORM OF AND CONDITIONS FOR ISSUING THE BONDS; PLEDGING THE FULL FAITH, CREDIT AND TAXING POWER OF THIS SCHOOL DISTRICT TO SECURE THE BONDS; APPOINTING A PAYING AGENT AND SINKING FUND DEPOSITORY; PROVIDING FOR THE REDEMPTION OF THE REFUNDED BONDS; AND AUTHORIZING RELATED DOCUMENTS AND ACTIONS.
WHEREAS, West Chester Area School District, located in Chester and Delaware Counties, Pennsylvania (the "School District"), is a public school district of the Commonwealth of Pennsylvania (the "Commonwealth"), and a "Local Government Unit" within the meaning of the Local Government Unit Debt Act, 53 Pa.C.S. Chs. 80-82 (the "Debt Act"), governed by its Board of School Directors (the "School Board"); and
WHEREAS, The School Board, by its resolution adopted on January 25, 2010 (the "2010 Bonds Enabling Resolution"), authorized and secured the School District's General Obligation Bonds, Series of 2010, dated as of March 1, 2010, in the original aggregate principal amount of $22,330,000 (the "2010 Bonds"), to currently refund the School District's General Obligation Bonds, Series A of 2003 and its General Obligation Bonds, Series of 2005, and which 2010 Bonds are subject to optional redemption on or after May 15, 2015; and
WHEREAS, The Department of Community and Economic Development (the "Department") of the Commonwealth approved the debt proceedings of this School District related to the 2010 Bonds, as evidenced by Certificate of Approval No. GOB-17352, dated February 17, 2010; and
982188.1 WHEREAS, The School Board, by its resolution adopted on August 9, 2010 (the "2010 A Bonds Enabling Resolution"), authorized and secured the School District's General Obligation Bonds, Series A of 2010, dated September 14, 2010, in the original aggregate principal amount of $7,510,000 (the "2010 A Bonds"), to currently refund the School District's outstanding General Obligation Bonds, Series A of 2005, and which 2010 A Bonds are subject to optional redemption on or after November 15, 2015; and
WHEREAS, The Department approved the debt proceedings of this School District related to the 2010 A Bonds, as evidenced by Certificate of Approval No. GOB-17583, dated August 31,2010; and
WHEREAS, The School Board has determined to retire all or a portion of the outstanding 2010 Bonds and the 2010 A Bonds (together, the "Refunded Bonds"), as described in a preliminary refunding report (the "Refunding Report") prepared for this School District by its financial advisor Public Financial Management, Inc. (the "Financial Advisor"), at such time as the present value of the debt service savings to this School District resulting from refunding either series of the Refunded Bonds (the "Refunding Projects"), net of any resulting reduction in Commonwealth reimbursement, and after using proceeds of the Bonds to pay the costs of issuing such Bonds, equals at least $90,000 in the case of the 2010 Bonds and $90,000 in the case of the 2010 A Bonds (in each case the "Required Savings"); and
WHEREAS, The Board has determined to complete capital projects and to undertake capital projects consisting of improvements to various public school buildings and facilities of this School District (the "Capital Projects"); and
WHEREAS, The Board has received bids or realistic cost estimates for the Capital Projects, prepared by a registered architect, professional engineer or other person qualified by appropriate experience; and
WHEREAS, The School Board contemplates issuing multiple series of general obligation bonds, in the maximum aggregate principal amount of Twenty Seven Million Five Hundred Thousand Dollars ($27,500,000) (the "Bonds"), to undertake the Refunding Projects and the Capital Projects, and pay the costs of issuing each series of the Bonds (collectively, the "Projects"), in accordance with the Debt Act; and
WHEREAS, The School Board has determined that the Bonds shall be offered in a private sale by negotiation, at a net purchase price of not less than 95.0% nor more than 115% of the aggregate principal amount of the Bonds issued (including underwriting discount and original issue discount or premium), plus any accrued interest (the "Purchase Price"); and WHEREAS, A Proposal for the Purchase of Bonds, dated March 23, 2015 (the "Proposal"), has been received from the Financial Advisor, containing financial parameters for, and conditions to, the underwriting and issuance of the Bonds which are consistent with the maximum yields to maturity and maximum principal payment amounts by fiscal year set forth in Exhibit A attached hereto and made a part hereof (the "Bond Parameters"), and will be supplemented by Addendums to the Proposal (each an "Addendum") containing the final terms and conditions of the sale and underwriting of the Bonds, within the Bond Parameters and, in the case of the Refunding Projects, producing the Required Savings; and
WHEREAS, The School Board desires to accept the Proposal, approve the sale of the Bonds, authorize the issuance of nonelectoral debt, and take appropriate action in connection with the Projects and in accordance with the Debt Act; and
WHEREAS, The School Board has determined to appoint Manufacturers and Traders Trust Company (the "Paying Agent"), having a corporate trust office in Harrisburg, Pennsylvania, as the paying agent and sinking fund depository for the Bonds; and
NOW, THEREFORE, BE IT RESOLVED, by the School Board, as follows:
SECTION 1. The School Board hereby authorizes and secures the issuance of the Bonds, pursuant to this Resolution and in accordance with the Debt Act, to undertake the Projects. The Financial Advisor is retained as the School District's independent financial advisor in connection with the Bonds, and pursuant to the Proposal. Rhoads & Sinon LLP is retained by this School District as its bond counsel in connection with the issuance of the Bonds.
SECTION 2. The School Board finds that it is in the best financial interests of this School District to sell the Bonds in a private sale by negotiation and determines that the debt to be incurred pursuant to this Resolution shall be nonelectoral debt.
SECTION 3. The Refunding Projects are authorized by Section 8241(b)(1) of the Debt Act (reduction in total debt service over the life of each issue).
The Capital Projects, together with the capital projects or facilities originally financed or refinanced by the Refunded Bonds, have reasonably expected useful lives of between five (5) years and at least eighteen (18) years, with the aggregate principal amount of the Bonds equal to the separate cost of each facility being stated to mature prior to the end of each useful life. The Board hereby elects to combine the Refunding Projects and the Capital Projects for purposes of financing. The first maturity of principal of the Bonds is not being deferred beyond two years from the expected date of issue.
SECTION 4. The School Board accepts the Proposal of the Financial Advisor, and the President or Vice President of the School Board is authorized to sign the Proposal on behalf
-3- of this School District. This School District's Director of Business Affairs, or this School District's Superintendent, is hereby authorized to approve each Addendum and: (i) in the case of each of the Refunding Projects, to confirm that each Required Savings has been achieved, and (ii) in the case of the Capital Projects, to approve the timing and terms of the issuance of the Bonds in consultation with the Financial Advisor. Each Addendum so approved shall be executed and delivered by the President or Vice President of the School Board and included as a part of the Proposal accepted by this Resolution.
SECTION 5. The Bonds, when issued, will be general obligation bonds of this School District.
SECTION 6. The Bonds shall be issuable as one or more series, as fully registered bonds, without coupons, in denominations of $5,000 principal amount or any integral multiple thereof.
Each of the Bonds shall bear interest from the interest payment date next preceding the date of registration and authentication of such bond, unless: (a) such bond is registered and authenticated as of any interest payment date, in which event such bond shall bear interest from such interest payment date; or (b) such bond is registered and authenticated after a Record Date (hereinafter defined) and before the next succeeding interest payment date, in which event such bond shall bear interest from such next succeeding interest payment date; or (c) such bond is registered and authenticated on or prior to the Record Date next preceding the first interest payment date, in which event such bond shall bear interest from the dated date of the Bonds; or (d) as shown by the records of the Paying Agent, interest on such bond shall be in default, in which event such bond shall bear interest from the date to which interest was last paid on such bond. Interest on each of the Bonds shall be payable initially on a date selected by this School District, and thereafter, semiannually, until the principal sum thereof is paid or provision for payment thereof duly has been made. Except as to distinguishing series or subseries, numbers, denominations, interest rates and maturity dates, the Bonds and the Paying Agent's certificates of authentication shall be substantially in the forms and shall be of the tenor and purport hereinafter set forth, with insertions and variations (including CUSIP numbers) approved by this School District, the Purchaser and the Paying Agent, as may be appropriate for different series, denominations and maturity dates.
Principal, premium, if any, and interest with respect to the Bonds shall be payable in lawful money of the United States of America.
The principal of and premium, if any, on the Bonds shall be payable to the registered owners thereof or their transferees, upon presentation and surrender of the Bonds at the place or places set forth in the Bonds. Payment of interest on the Bonds shall be made by check mailed to the registered owners thereof whose names and addresses appear at the close of business on the fifteenth (15th) day next preceding each interest payment date (the "Record Date") on the
-4- registration books maintained by the Paying Agent on behalf of this School District, irrespective of any transfer or exchange of any Bonds subsequent to the Record Date and prior to such interest payment date, unless this School District shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the persons in whose names the Bonds are registered at the close of business on a special record date for the payment of such defaulted interest established by notice mailed by the Paying Agent on behalf of this School District to the registered owners of the Bonds not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the persons in whose names the Bonds are registered at the close of business on the fifth (5th) day preceding the date of mailing.
If the date for the payment of the principal of or interest on any Bonds shall be a Saturday, Sunday, legal holiday or a day on which banking institutions in the Commonwealth are authorized or required by law or executive order to close, then the date for payment of such principal or interest shall be the next succeeding day that is not a Saturday, Sunday, legal holiday or a day on which such banking institutions are authorized or required to close, and payment on such date shall have the same force and effect as if made on the nominal date established for such payment.
SECTION 7. This School District and the Paying Agent may deem and treat the persons in whose names the Bonds shall be registered as the absolute owners thereof for all purposes, whether such Bonds shall be overdue or not, and payment of the principal of, premium, if any, and interest on the Bonds shall be made only to or upon the order of the registered owners thereof or their legal representatives, but registration of a transfer of ownership may be made as herein provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon the Bonds, to the extent of the sum or sums so paid, and neither this School District nor the Paying Agent shall be affected by any notice to the contrary.
SECTION 8. Registration of the transfer of ownership of Bonds shall be made upon surrender of any of the Bonds to the Paying Agent, accompanied by a written instrument or instruments in fonn, with instructions, and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner thereof or his attorney-in-fact or legal representative. The Paying Agent shall enter any transfer of ownership of any of the Bonds in the registration books and shall authenticate and deliver, at the earliest practicable time, in the name of the transferee or transferees, a new fully registered bond or bonds of authorized denominations of the same series, maturity and interest rate for the aggregate principal amount that the registered owner is entitled to receive. Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same series, maturity and interest rate.
SECTION 9. If Bonds shall be subject to optional redemption or mandatory redemption prior to stated maturity, this School District and the Paying Agent shall not be
-5- required to register the transfer of or exchange any of the Bonds then considered for redemption during the period beginning at the close of business on the fifteenth (15th) day next preceding any date of selection of such Bonds to be redeemed and ending at the close of business on the day of mailing of the notice of redemption, as hereinafter provided, or to register the transfer of or exchange any portion of any of the Bonds selected for redemption in whole or in part until after the redemption date.
SECTION 10. This School District shall cause to be kept, and the Paying Agent shall keep, books for the registration, exchange and transfer of Bonds in the manner provided herein and therein so long as Bonds shall remain outstanding. Such registrations, exchanges and transfers shall be made without charge to bondholders, except for actual costs, including postage, insurance and any taxes or other governmental charges required to be paid with respect to the same.
SECTION 11. The Bonds shall bear interest, each with yield(s) to maturity, and principal maturing or payable upon mandatory sinking fund redemptions in the maximum annual amounts, in each fiscal year not exceeding the Bond Parameters as set forth in Exhibit A attached hereto.
SECTION 12. The Bonds may be subject to optional redemption by this School District prior to maturity, on such date or dates and under such terms as may be determined in the manner described in Section 4 hereof. The Bonds may be subject to mandatory redemption prior to maturity, to be set forth in the Addendum, not in excess of any annual principal payment amount set forth in Exhibit A attached hereto.
SECTION 13. This School District appoints the Paying Agent as the paying agent with respect to the Bonds and directs that the principal of, premium, if any, and interest on the Bonds shall be payable at a designated corporate trust office of the Paying Agent, in lawful money of the United States of America.
Any corporation or association into which the Paying Agent, or any appointed successor to it, may be merged or converted or with which it, or any appointed successor to it, may be consolidated, or any corporation or association resulting from any merger, conversion or consolidation to which the Paying Agent shall be a party, or any corporation or association to which the Paying Agent, or any appointed successor to it, sells or otherwise transfers all or substantially all of its corporate trust business, including its functions under this Resolution, shall be the successor paying agent hereunder, without the execution or filing of any paper or any further act on the part of the School District, and thereafter references herein to the "Paying Agent" shall refer to such resulting corporation or association, or to such transferee, as the case may be. If the Paying Agent at any time shall resign or shall be removed by this School District, the Board of School Directors shall appoint a successor paying agent that is duly qualified in accordance with the Act to serve as paying agent for the Bonds and sinking fund depository with respect to the Sinking Fund created herein, and the principal of, redemption premium, if any, and interest on the Bonds shall be payable, when due, at a designated office of the successor paying agent located in the Commonwealth and at such additional payment offices as the successor paying agent shall designate. Upon acceptance of such appointment and the transfer by the Paying Agent to the successor paying agent of the appropriate documents, records, and funds, references herein to the "Paying Agent" shall thereafter refer to such successor paying agent.
SECTION 14. The form of the Bonds, including the form of Assignment and the form of the Paying Agent's Certificate, shall be substantially as set forth in Exhibit B, which is attached hereto and made part hereof, with appropriate insertions, omissions and variations.
SECTION 15. The Bonds shall be executed in the name of and on behalf of this School District by the manual or facsimile signature of the President or Vice President of the School Board, and the official seal or a facsimile of the official seal of this School District shall be affixed thereto and the manual or facsimile signature of the Secretary or Assistant Secretary of the School Board shall be affixed thereto in attestation thereof; and said officers are authorized to execute and to attest the Bonds.
SECTION 16. No bond constituting one of the Bonds shall be entitled to any benefit under this Resolution nor shall it be valid, obligatory or enforceable for any purpose until such bond shall have been registered and authenticated by the Certificate of Authentication endorsed thereon duly signed by the Paying Agent; and the Paying Agent is authorized to register and authenticate the Bonds in accordance with the provisions hereof.
SECTION 17. This School District covenants to and with registered owners, from time to time, of the Bonds that shall be outstanding, from time to time, pursuant to this Resolution, that this School District shall: (i) include the amount of the debt service on the Bonds, for each fiscal year of this School District in which the sums are payable, in its budget for that year, (ii) appropriate those amounts from its general revenues for the payment of the debt service, and (iii) duly and punctually pay or cause to be paid from the Sinking Fund (hereinafter identified) or any other of its revenues or funds the principal of and interest on each of the Bonds at the dates and places and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, this School District shall and does pledge, irrevocably, its full faith, credit and taxing power. As provided in the Debt Act, the foregoing covenant of this School District shall be specifically enforceable.
SECTION 18. There is created, pursuant to the requirements of the Debt Act, one or more sinking funds for the Bonds (collectively, the "Sinking Fund") including, if applicable, multiple series or subseries, or a mandatory sinking fund. The Sinking Fund shall be administered in accordance with applicable provisions of the Debt Act.
SECTION 19. This School District appoints the Paying Agent as the sinking fund depository with respect to the Sinking Fund.
SECTION 20. This School District covenants to make payments out of the Sinking Fund, or out of any other of its revenues or funds, at such times and in such annual amounts, as shall be sufficient for prompt and full payment of all obligations of the Bonds when due.
SECTION 21. The School Board hereby authorizes the preparation of a Preliminary Official Statement for use in the marketing of the Bonds and authorizes the Superintendent or Director of Business Administration of the School District to approve the form of such Preliminary Official Statement and the form of a final Official Statement with respect to each series of the Bonds of the School District, with such insertions and amendments as shall be necessary or appropriate to reflect the final terms and provisions of the Bonds, the accepted Proposal and this Resolution. The School Board authorizes the President of the School Board to affix his or her signature to the final Official Statement approved as described above, and such execution of the final Official Statement shall constitute conclusive evidence of the approval thereof by the School Board.
SECTION 22. The President or Vice President and the Secretary or Assistant Secretary, respectively, of the School Board are authorized and directed, as required, necessary and/or appropriate: (a) to prepare, to certify and to file with the Department the debt statement required by the Debt Act; (b) to prepare and to file with the Department any statements required by the Debt Act that are necessary to qualify all or any portion of the debt of this School District that is subject to exclusion as self-liquidating or subsidized debt for exclusion from the appropriate debt limit of this School District as self-liquidating or subsidized debt; (c) to prepare and to file the application with the Department, together with a complete and accurate transcript of the proceedings for the required approval relating to the debt, of which debt the Bonds, upon issue, will be evidence, as required by the Debt Act; (d) to pay or to cause to be paid to the Department all proper filing fees required in connection with the foregoing; and (e) to take other required, necessary and/or appropriate action.
The School Board authorizes and directs that an appropriate borrowing base certificate be prepared for filing with the Department as required by the Debt Act. The President or Vice President and the Secretary or Assistant Secretary, respectively, of the School Board are hereby authorized to prepare and to execute, or to authorize the preparation and execution of such borrowing base certificate.
SECTION 23. If applicable, as determined from the Addendum, the School Board authorized and directs the purchase of municipal bond guaranty insurance with respect to the
-8- Bonds. The officers and agents of this School District are authorized and directed to take all required, necessary and/or appropriate action with respect to such insurance, as contemplated in the Addendum, including the payment of the premium of such insurance.
SECTION 24. The President or Vice President and the Secretary or Assistant Secretary, respectively, of the School Board are authorized and directed to contract with the Paying Agent for its services as paying agent for the Bonds and as sinking fund depository in connection with the Sinking Fund established for the Bonds.
SECTION 25. It is declared that the debt to be incurred hereby, together with any other indebtedness of this School District, is not in excess of any limitation imposed by the Debt Act upon the incurring of debt by this School District.
SECTION 26. The officers and agents of this School District are authorized to deliver the Bonds and to authorize payment of all costs and expenses associated with the issuance of the Bonds as provided for in the Proposal, but only after the Department has certified its approval pursuant to the provisions of the Debt Act or at such time when the filing authorized to be submitted to the Department pursuant to the Debt Act shall be deemed to have been approved pursuant to applicable provisions of the Debt Act.
SECTION 27. This School District covenants to and with purchasers of the Bonds (or any portion thereof intended to be exempt from federal taxation) that it will make no use of the proceeds of such Bonds, or of any other obligations deemed to be part of the same "issue" as any portion of such Bonds under applicable federal tax regulations, that will cause such Bonds to be or become "arbitrage bonds" within the meaning of Section 103(b)(2) and Section 148 of the Internal Revenue Code of 1986, as amended (the "Code"), and the regulations implementing said Sections that duly have been published in the Federal Register or any other regulations implementing said Sections, and this School District further covenants to comply with all other requirements of the Code if and to the extent applicable to maintain continuously the Federal income tax exemption of interest on such Bonds.
This School District further covenants to and with purchasers of the Bonds that it will make no use of the proceeds of the Bonds, of the proceeds of any other obligations deemed to be part of the same "issue" as the Bonds under applicable federal tax regulations, or of any property or facilities financed with the proceeds of the Bonds or of any such other obligations deemed to be part of the same "issue" as the Bonds, that will cause the Bonds to be or become "private activity bonds" within the meaning of Section 141 of the Code and the regulations implementing said Sections that duly have been published in the Federal Register, and this School District further covenants to comply with all other requirements of the Code if and to the extent applicable to maintain continuously the Federal income tax exemption of interest on the Bonds. If applicable, the President or Vice President of the School Board is authorized to represent in a certificate delivered when the Bonds are issued, that this School District does not then reasonably expect to issue tax-exempt obligations that, together with all tax-exempt obligations reasonably expected to be issued by all entities that issue bonds on behalf of this School District and all "subordinate entities" (within the meaning of Section 265(b)(3)(E) of the Code) of this School District, in the aggregate, will exceed Ten Million Dollars ($10,000,000) (excluding obligations issued to refund (other than to advance refund) any obligation to the extent that the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation) in the calendar year of issuance and, accordingly, thereby designate the Bonds (to the extent they are not "deemed designated" under Section 265(b)(3)(D)(ii) of the Code), on behalf of this School District, as "qualified tax-exempt obligations," as defined in Section 265(b)(3)(B) of the Code, for the purposes and effect contemplated by Section 265 of the Code.
SECTION 28. This School District does hereby authorize the optional redemption of the Refunded Bonds on the earliest respective date authorized by the 2010 Bonds Enabling Resolution and the 2010 A Bonds Enabling Resolution, respectively and set forth in the applicable Addendum (the "Redemption Date"), in accordance with the rights and privileges reserved to this School District in the Refunded Bonds.
Officers and agents of the School Board are hereby authorized and directed to give irrevocable instructions to the paying agent and bond registrar for the Refunded Bonds to redeem the Refunded Bonds in accordance with this election of the School Board, following the acceptance of the final terms and conditions of the Bonds and Addendum as described in section 4 hereof and the consummation of the final sale, issuance and delivery of the Bonds.
If applicable, this School District, simultaneously with delivery of the Bonds to the Underwriter, shall enter into bond retirement agreements or an escrow agreements (the "Bond Retirement Agreement") with each paying agent of the Refunded Bonds (the "Redemption Agent"). Each Bond Retirement Agreement shall provide for a deposit of Bond proceeds into an escrow account with the Redemption Agent sufficient to pay the debt service due on the Refunded Bonds through the applicable Redemption Date. The President or Vice President and the Secretary or Assistant Secretary, respectively, of the School Board are authorized and directed to execute, to attest, and to seal, as appropriate, and to deliver such Bond Retirement Agreement simultaneously with such delivery of the Bonds. The School District approves the Bond Retirement Agreement in forms satisfactory to the Solicitor and Bond Counsel for this School District and as shall be approved by the officers of the School Board executing the same. Such approval of such officers shall be conclusively presumed to have been given by their execution of the Bond Retirement Agreement. The officers and agents of this School District are hereby authorized and directed to take all such actions and provide all such documentation as may be necessary and appropriate to accomplish the redemption and retirement of the Refunded Bonds.
SECTION 29. If applicable, the President, Vice President or Treasurer of the School Board, or the Superintendent or Director of Business Administration, respectively, of this School District is each hereby authorized and directed to execute and deliver agreements, orders or subscriptions for purchase of United States Treasury Certificates of Indebtedness, Notes, Bonds, State and Local Government Series ("SLGS") or other securities of the United States of America, collateralized certificates of deposit or other investments satisfying the requirements of 53 Pa.C.S. §8250, as may be described in updates to the Refunding Report, from proceeds of the Bonds and, if applicable, other funds to be deposited under the Bond Retirement Agreement, and to do, to take and to authorize such other acts as shall be necessary or appropriate to provide for retirement of the payment of principal and interest on the Refunded Bonds, as described in the Refunding Report and this Resolution.
SECTION 30. The Secretary of the Board of this School District is hereby authorized and directed to execute and to submit to the Pennsylvania Department of Education, promptly following settlement for the Bonds, the appropriate application and other documents and information necessary to obtain state reimbursement with respect to the debt service on the Bonds (including the filing of the appropriate PLANCON Parts, as applicable).
SECTION 31. This School District shall enter into, and hereby authorizes and directs the President or Vice President of the School Board to execute, a Continuing Disclosure Certificate (the "Certificate") on behalf of this School District on or before the date of issuance and delivery of the Bonds. Such Certificate shall be executed and delivered to satisfy the terms and conditions of the accepted Proposal for sale of the Bonds and Securities and Exchange Commission Rule 15c2-12, and shall be substantially in the form presented to this meeting, which is hereby approved, together with any changes therein made and approved by the executing officer of the School Board, whose execution and delivery thereof shall constitute conclusive evidence of such approval. A copy of the Certificate shall be filed with the Secretary of the School Board and shall be and hereby is made part of this Resolution.
This School District hereby covenants and agrees that it will comply with and carry out all of the provisions of the Certificate. Notwithstanding any other provision of this Resolution, failure of this School District to comply with the Certificate shall not be considered an event of default with respect to the Bonds; however, any registered owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandamus or specific performance by court order, to cause this School District to comply with its obligations under this Section and such Certificate. SECTION 32. There is hereby established a construction fund or funds for the Capital Projects (the "Construction Fund"), into which portion of the net proceeds of the Bonds may be deposited. Any money in the Construction Fund not required for prompt expenditure may be invested in accordance with 53 Pa.C.S.§8224 or other laws.
SECTION 33. The Bonds shall be made available for purchase under a book-entry only system available through The Depository Trust Company, a New York corporation ("DTC"). If applicable, at or prior to settlement for the Bonds, this School District and the Paying Agent shall execute or signify their approval of a Representation Letter in substantially the form on file with DTC (the "Representation Letter"). The appropriate officers of this School District and the Paying Agent shall take such action as may be necessary from time to time to comply with the terms and provisions of the Representation Letter, and any successor paying agent for the Bonds, in its written acceptance of its duties under this Resolution, shall agree to take any actions necessary from time to time to comply with the requirements of the Representation Letter.
SECTION 34. Notwithstanding the foregoing provisions of this Resolution, the Bonds shall initially be issued in the form of one fully-registered bond for the aggregate principal amount of the Bonds of each maturity, and the following provisions shall apply with respect to the registration, transfer and payment of the Bonds:
(a) Except as provided in subparagraph (g) below, all of the Bonds shall be registered in the name of Cede & Co., as nominee of DTC; provided that if DTC shall request that the Bonds be registered in the name of a different nominee, the Paying Agent shall exchange all or any portion of the Bonds for an equal aggregate principal amount of Bonds of the same series, interest rate and maturity registered in the name of such nominee or nominees of DTC.
(b) No person other than DTC or its nominee shall be entitled to receive from this School District or the Paying Agent either a Bond or any other evidence of ownership of the Bonds, or any right to receive any payment in respect thereof, unless DTC or its nominee shall transfer record ownership of all or any portion of the Bonds on the registration books (the "Register") maintained by the Paying Agent in connection with discontinuing the book-entry system as provided in subparagraph (g) below or otherwise.
(c) So long as any Bonds are registered in the name of DTC or any nominee thereof, all payments of the principal or redemption price of or interest on such Bonds shall be made to DTC or its nominee in accordance with the Representation Letter on the dates provided for such payments under this Resolution. Each such payment to DTC or its nominee shall be valid and effective to fully discharge all liability of this School District or the Paying Agent with respect to the principal or redemption price of or interest on the Bonds to the extent of the sum or sums so paid. In the event of the redemption of less than all of the Bonds outstanding of any maturity, the Paying Agent shall not require surrender by DTC or its nominee of the Bonds so redeemed,
-12- but DTC (or its nominee) may retain such Bonds and make an appropriate notation on the Bond certificate as to the amount of such partial redemption; provided that DTC shall deliver to the Paying Agent, upon request, a written confirmation of such partial redemption and thereafter the records maintained by the Paying Agent shall be conclusive as to the amount of the Bonds of such maturity which have been redeemed.
(d) This School District and the Paying Agent may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal or redemption price of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given to holders of Bonds under this Resolution, registering the transfer of Bonds, obtaining any consent or other action to be taken by holders of Bonds and for all other purposes whatsoever; and neither this School District nor the Paying Agent shall be affected by any notice to the contrary. Neither this School District nor the Paying Agent shall have any responsibility or obligation to any participant in DTC, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any such participant, or any other person which is not shown on the Register as being a registered owner of Bonds, with respect to (1) the Bonds, (2) the accuracy of any records maintained by DTC or any such participant, (3) the payment by DTC or any such participant of any amount in respect of the principal or redemption price of or interest on the Bonds, (4) any notice which is permitted or required to be given to holders of the Bonds under this Resolution, (5) the selection by DTC or any such participant of any person to receive payment in the event of a partial redemption of the Bonds, and (6) any consent given or other action taken by DTC as holder of the Bonds.
(e) So long as the Bonds or any portion thereof are registered in the name of DTC or any nominee thereof, all notices required or permitted to be given to the holders of such Bonds under this Resolution shall be given to DTC as provided in the Representation Letter.
(f) In connection with any notice or other communication to be provided to holders of Bonds pursuant to this Resolution by this School District or the Paying Agent with respect to any consent or other action to be taken by holders of Bonds, DTC shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action, provided that this School District or the Paying Agent may establish a special record date for such consent or other action. This School District or the Paying Agent shall give DTC notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible.
(g) The book-entry only system for registration of the ownership of the Bonds may be discontinued at any time if either (1) after notice to this School District and the Paying Agent, DTC determines to resign as securities depository for the Bonds, or (2) after notice to DTC and the Paying Agent, this School District determines that continuation of the system of book-entry transfers through DTC (or through a successor securities depository) is not in the best interests of this School District. In either of such events (unless in the case described in clause (2) above,
-13- this School District appoints a successor securities depository), the Bonds shall be delivered in registered certificate form to such persons, and in such maturities and principal amounts, as may be designated by DTC, but without any liability on the part of this School District or the Paying Agent for the accuracy of such designation. Whenever DTC requests this School District and the Paying Agent to do so, this School District and the Paying Agent shall cooperate with DTC in taking appropriate action after reasonable notice to arrange for another securities depository to maintain custody of certificates evidencing the Bonds.
SECTION 35. The President ahd Vice President and the Secretary or Assistant Secretary, respectively, of the Board are authorized and directed to perform such acts as may be necessary to facilitate the marketing and settlement of the Bonds and the retirement of the Refunded Bonds.
SECTION 36. Any reference in this Resolution to an officer or member of the School Board shall be deemed to refer to his or her duly qualified successor in office, or other authorized representative, if applicable.
SECTION 37. This Resolution shall be effective in accordance with the Debt Act.
SECTION 38. In the event any provision, section, sentence, clause or part of this Resolution shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this Resolution, it being the intent of this School District that such remainder shall be and shall remain in full force and effect.
SECTION 39. All resolutions or parts of resolutions, insofar as the same shall be inconsistent herewith, shall be and the same expressly are repealed. DULY ADOPTED, by the School Board, in lawful session duly assembled, this 23rd day of March, 2015.
WEST CHESTER AREA SCHOOL DISTRICT, Chester and Delaware Counties, Pennsylvania
^resident of the Board of School Directors
ATTEST:
CfjL t) Secretary offne Boardjof hool Diresfors EXHIBIT A
WEST CHESTER AREA SCHOOL DISTRICT Chester and Delaware Counties, Pennsylvania $27,500,000 Maximum Aggregate Principal Amount General Obligation Bonds Maximum Annual Principal Payment Schedule
WEST CHESTER AREA SCHOOL DISTRICT Maximum Parameters Debt Service Schedule
Principal Payment Fiscal Year Ending Date Maximum Principal Maximum Yield (June 30) Amount Due1 to Maturity 2016 $ 4,555,000 6.00% 2017 $ 4,780,000 6.00% 2018 $ 2,620,000 6.00% 2019 $ 1,035,000 6.00% 2020 $ 1,045,000 6.00% 2021 $ 1,055,000 6.00% 2022 $ 1,065,000 6.00% 2023 $ 25,000 6.00% 2024 $ 25,000 6.00% 2025 $ 25,000 6.00% 2026 $ 25,000 6.00% 2027 $ 25,000 6.00% 2028 $ 2,110,000 6.00% 2029 $ 2,185,000 6.00% 2030 $ 2,240,000 6.00% 2031 $ 2,295,000 6.00% 2032 $ 2,390,000 6.00%
'Principal maturity or mandatory sinking fund payment.
EXHIBIT A Page 1 of 1 EXHIBIT B
(FORM OF BOND)
[The following Legend is to be printed on any Bonds registered in the name of The Depository Trust Company or Cede & Co., its nominee: "Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the Issuer or its agent for registration of transfer, exchange or payment, and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL in as much as the registered owner hereof, Cede & Co., has an interest herein."]
Number $
UNITED STATES OF AMERICA COMMONWEALTH OF PENNSYLVANIA COUNTIES OF CHESTER AND DELAWARE WEST CHESTER AREA SCHOOL DISTRICT GENERAL OBLIGATION BOND, SERIES _ OF 20
INTEREST MATURITY DATE RATE DATE OF SERIES CUSIP %
REGISTERED OWNER; CEDE & CO.
PRINCIPAL SUM: DOLLARS ($ )
WEST CHESTER AREA SCHOOL DISTRICT, located in Chester and Delaware Counties, Pennsylvania (the "Issuer"), a school district existing under laws of the Commonwealth of Pennsylvania (the "Commonwealth"), for value received, promises to pay to the order of the registered owner named hereon, or registered assigns, on the maturity date stated hereon, upon presentation and surrender hereof, the principal sum stated hereon, unless this
EXHIBIT B Page 1 of 9 General Obligation Bond, Series of 20 (the "Bond"), shall be redeemable and duly shall have been called for earlier redemption and payment of the redemption price shall have been made or provided for, and to pay initially on , , and thereafter semiannually on and of each year, to the registered owner hereof, interest on said principal sum, at the rate per annum stated hereon, until said principal sum has been paid or provision for payment thereof duly has been made. Interest on this Bond shall be payable from the interest payment date next preceding the date of registration and authentication of this Bond, unless: (a) this Bond is registered and authenticated as of any interest payment date, in which event this Bond shall bear interest from such interest payment date; or (b) this Bond is registered and authenticated after a Record Date (hereinafter defined) and before the next succeeding interest payment date, in which event this Bond shall bear interest from such next succeeding interest payment date; or (c) this Bond is registered and authenticated on or prior to the Record Date next preceding , , in which event this Bond shall bear interest from the Date of Series set forth above; or (d) as shown by the records of the Paying Agent (hereinafter defined), interest on this Bond shall be in default, in which event this Bond shall bear interest from the date to which interest was last paid on this Bond. The interest on this Bond is payable by check drawn on Manufacturers and Traders Trust Company (the "Paying Agent"), or its successor. The principal of and premium, if any, on this Bond, when due, are payable upon surrender hereof at the designated corporate trust office of the Paying Agent. Payment of the interest hereon shall be made to the registered owner hereof whose name and address shall appear, at the close of business on the fifteenth (15th) day next preceding each interest payment date (the "Record Date"), on the registration books maintained by the Paying Agent, irrespective of any transfer or exchange of this Bond subsequent to such Record Date and prior to such interest payment date, unless the Issuer shall be in default in payment of interest due on such interest payment date. In the event of any such default, such defaulted interest shall be payable to the person in whose name this Bond is registered at the close of business on a special record date for the payment of such defaulted interest established by notice mailed by the Paying Agent to the registered owner of this Bond not less than fifteen (15) days preceding such special record date. Such notice shall be mailed to the person in whose name this Bond is registered at the close of business on the fifth (5th) day preceding the date of mailing. Principal, premium, if any, and interest with respect to this Bond are payable in lawful money of the United States of America.
This Bond is one of a series of bonds of the Issuer, known generally as "General Obligation Bonds, Series of 20 " (the "Bonds"), all of like date and tenor, except as to numbers, denominations, dates of maturity, rates of interest, and provisions for redemption, in the aggregate principal amount of Dollars ($ ).
The Bonds have been authorized for issuance in accordance with provisions of the Local Government Unit Debt Act, 53 Pa.C.S. Chs. 80-82 (the "Debt Act"), of the Commonwealth, and by virtue of a duly adopted resolution (the "Resolution") of the Issuer. The Debt Act, as such shall have been in effect when the Bonds were authorized, and the Resolution
EXHIBIT B Page 2 of 9 shall constitute a contract between the Issuer and registered owners, from time to time, of the Bonds.
The Issuer has covenanted, in the Resolution, to and with registered owners, from time to time, of the Bonds that shall be outstanding, from time to time, pursuant to the Resolution, that the Issuer shall: (i) include the amount of the debt service for the Bonds, for each fiscal year of the Issuer in which such sums are payable, in its budget for that year, (ii) appropriate such amounts from its general revenues for the payment of such debt service, and (iii) duly and punctually pay or cause to be paid, from the sinking fund established under the Resolution or any other of its revenues or funds, the principal of and interest on each of the Bonds at the dates and place and in the manner stated therein, according to the true intent and meaning thereof; and, for such budgeting, appropriation and payment, the Issuer has pledged and does pledge, irrevocably, its full faith, credit and taxing power.
This Bond shall not be entitled to any benefit under the Resolution, nor shall it be valid, obligatory or enforceable for any purpose, until this Bond shall have been authenticated by the Paying Agent.
The Bonds are issuable only in the form of registered bonds, without coupons, in the denominations of $5,000 principal amount or any integral multiple thereof. Bonds may be exchanged for a like aggregate principal amount of Bonds of other authorized denominations of the same maturity and interest rate upon surrender of such Bonds to the Paying Agent, with written instructions satisfactory to the Paying Agent.
The Issuer and the Paying Agent may deem and treat the registered owner hereof as the absolute owner hereof (whether or not this Bond shall be overdue) for the purpose of receiving payment of or on account of principal hereof, premium, if any, and interest due hereon and for all other purposes, and the Issuer and the Paying Agent shall not be affected by any notice to the contrary.
This Bond may be transferred by the registered owner hereof upon surrender of this Bond to the Paying Agent, accompanied by a written instrument or instruments in form, with instructions, and with guaranty of signature satisfactory to the Paying Agent, duly executed by the registered owner of this Bond or his attorney-in-fact or legal representative. The Paying Agent shall enter any transfer of ownership of this Bond in the registration books and shall authenticate and deliver at the earliest practicable time in the name of the transferee or transferees a new fully registered bond or bonds of authorized denominations of the same series, maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive.
EXHIBIT B Page 3 of 9 The Issuer and the Paying Agent shall not be required to issue or to register the transfer of or exchange any Bonds then considered for redemption during a period beginning at the close of business on the fifteenth (15th) day next preceding any date of selection of Bonds to be redeemed and ending at the close of business on the day of mailing of the applicable notice of redemption, as hereinafter provided, or to register the transfer of or exchange any portion of any bond selected for redemption until after the redemption date.
The Bonds stated to mature on or after , , are subject to redemption prior to maturity, at the option of the Issuer, as a whole, on , , or on any date thereafter, upon payment of the principal amount thereof, together with accrued interest to the date fixed for redemption.
The Bonds stated to mature on or after , , are subject to redemption prior to maturity, at the option of the Issuer, from time to time, in part, in any order of maturity selected by the Issuer, on , , or on any date thereafter. If less than all Bonds of any particular maturity are to be redeemed, the Bonds of such maturity to be redeemed shall be drawn by lot by the Paying Agent. Any such redemption shall be upon payment of the principal amount to be redeemed, together with accrued interest thereon to the date fixed for redemption.
The Bonds stated to mature on , , are subject to mandatory redemption prior to maturity, in the amounts and on of the year(s) set forth in the following schedule as drawn by lot by the Paying Agent in behalf of the Issuer:
Year Amount $ $ .
Any such redemption shall be upon application of money available for the purpose in the Mandatory Sinking Fund established under the Resolution and shall be upon payment of the principal amount to be redeemed, together with accrued interest thereon to the date fixed for redemption. In lieu of such mandatory redemption, the Paying Agent, as sinking fund depository, in behalf of the Issuer, may purchase, from money available for the purpose in the Sinking Fund established under the Resolution, at a price not to exceed the principal amount plus accrued interest, or the Issuer may tender to the Paying Agent, all or part of the Bonds subject to being drawn for redemption in any such year.
In the case of any partial redemption of Bonds of any maturity that is subject to mandatory sinking fund redemption, the Issuer shall be entitled to designate whether the amount to be redeemed shall be credited against the principal amount of such Bonds due at maturity or credited against the principal amount of such Bonds scheduled to be called for mandatory
EXHIBIT B Page 4 of 9 sinking fund redemption on any particular date or dates, in each case in an integral multiple of $5,000 principal amount.
If this Bond is of a denomination larger than $5,000, a portion of this Bond may be redeemed. For the purposes of redemption, this Bond shall be treated as representing the number of Bonds that is equal to the principal amount hereof divided by $5,000, each $5,000 portion of this Bond being subject to redemption. In the case of partial redemption of this Bond, payment of the redemption price shall be made only upon surrender of this Bond in exchange for Bonds of authorized denominations of the same maturity and interest rate and in aggregate principal amount equal to the unredeemed portion of the principal amount hereof; Provided, however, that should this Bond be registered in the name of The Depository Trust Company ("DTC") or Cede & Co., as nominee for DTC, or any other nominee of DTC, or any other successor securities depository or its nominee, this Bond need not be surrendered for payment and exchange in the event of a partial redemption hereof and the records of the Paying Agent shall be conclusive as to the amount of this Bond which shall have been redeemed.
Notice of redemption shall be deposited in first class mail not less than 30 days prior to the date fixed for redemption and shall be addressed to the registered owners of the Bonds to be redeemed at their addresses shown on the registration books kept by the Paying Agent as of the day such Bonds are selected for redemption. Failure to mail any notice of redemption or any defect therein or in the mailing thereof shall not affect the validity of any proceeding for redemption of other Bonds so called for redemption as to which proper notice has been given.
On the date designated for redemption, notice having been provided as aforesaid, and money for payment of the principal, premium, if any, and accrued interest being held by the Paying Agent, interest on the Bonds or portions thereof so called for redemption shall cease to accrue and such Bonds or portions thereof so called for redemption shall cease to be entitled to any benefit or security under the Resolution, and registered owners of such Bonds or portions thereof so called for redemption shall have no rights with respect thereto, except to receive payment of the principal to be redeemed and accrued interest thereon to the date fixed for redemption, together with the redemption premium, if any.
The Issuer, in the Resolution, has established a sinking fund with the Paying Agent, as the sinking fund depository, into which funds for the payment of the principal of and the interest on the Bonds shall be deposited not later than the date fixed for the disbursement thereof. The Issuer has covenanted, in the Resolution, to make payments from such sinking fund or from any other of its revenues or funds, at such times and in such annual amounts as shall be sufficient for prompt and full payment of all obligations of this Bond.
EXHIBIT B Page 5 of 9 It hereby is certified that: (i) all acts, conditions and things required to be done, to happen or to be performed as conditions precedent to and in issuance of this Bond or in creation of the debt of which this Bond is evidence have been done, have happened or have been performed in due and regular form and manner, as required by law; and (ii) the debt represented by this Bond, together with any other indebtedness of the Issuer, is not in excess of any limitation imposed by the Debt Act upon the incurring of debt by the Issuer.
[This Bond has been designated by the Issuer as a "qualified tax-exempt obligation", as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the "Code"), for purposes and effect contemplated by Section 265 of the Code (relating to expenses and interest relating to tax-exempt income of certain financial institutions).]
EXHIBIT B Page 6 of 9 IN WITNESS WHEREOF, the Issuer has caused this Bond to be executed in its name by the manual or facsimile signature of the President of the Board of School Directors, and its official seal or facsimile thereof to be affixed hereto and the manual or facsimile signature of the Secretary of the Board of School Directors to be affixed hereto in attestation thereof, all as of the Date of Series. WEST CHESTER AREA SCHOOL DISTRICT, Chester and Delaware Counties, Pennsylvania
By: President of the Board of School Directors ATTEST:
Secretary of the Board of School Directors
(SEAL) .
EXHIBIT B Page 7 of 9 (FORM OF PAYING AGENT'S CERTIFICATE)
CERTIFICATE OF AUTHENTICATION AND CERTIFICATE AS TO OPINION
It is certified that:
(i) This Bond is one of the Bonds described in the within-mentioned Resolution; and
(ii) An original Opinion issued by Rhoads & Sinon LLP, dated and delivered on the date of the original delivery of, and payment for, such Bonds is on file at our designated corporate trust office, where the same maybe inspected.
as Paying Agent
By: Authorized Representative
Date of Registration and Authentication:
EXHIBIT B Page 8 of 9 (FORM OF ASSIGNMENT)
ASSIGNMENT
FOR VALUE RECEIVED, , the undersigned, hereby sells, assigns and transfers unto
(the "Transferee") Name
Address
Social Security or Federal Employer Identification No. the within Bond and all rights thereunder and hereby irrevocably constitutes and appoints , as attorney, to transfer the within Bond on the books kept for registration thereof with full power of substitution in the premises.
Date:
Signature Guaranteed:
NOTICE: Signature(s) must be NOTICE: No transfer will be made in the guaranteed by an institution that is a name of the Transferee unless the signature(s) participant in a signature guarantee to this assignment correspond(s) with the program recognized by the Securities name(s) appearing upon the face of the within Transfer Association. Bond in every particular, without alteration or enlargement or any change whatever and the Social Security or Federal Employer Identification Number of the Transferee is supplied. If the Transferee is a trust, the names and Social Security or Federal Employer Identification Numbers of the settlor and beneficiaries of the trust, the Federal Employer Identification Number and date of the trust and the name of the trustee must be supplied.
EXHIBIT B Page 9 of 9 CERTIFICATE
I, the undersigned, (Assisted- Secretary of the Board of School Directors of WEST CHESTER AREA SCHOOL DISTRICT, located in Chester and Delaware Counties, Pennsylvania (the "School District"), certify that: the foregoing is a true and correct copy of a Resolution that duly was adopted by affirmative vote of a majority of all members of the Board of School Directors of the School District at a meeting duly held on March 23, 2015; said Resolution duly has been recorded in the minute book of the Board of School Directors of the School District; a notice with respect to the intent to adopt said Resolution has been published as required by law; said Resolution was available for inspection by any interested citizen requesting the same in accordance with the requirements of the Local Government Unit Debt Act of the Commonwealth of Pennsylvania and such notice; and said Resolution has not been amended, altered, modified or repealed as of the date of this Certificate.
I further certify that the Board of School Directors of the School District met the advance notice and public comment requirements of the Sunshine Act, 65 Pa.C.S. §701 et seq., by advertising the time and place of said meeting, by posting prominently a notice of said meeting at the principal office of the School District or at the public building in which said meeting was held, and by providing a reasonable opportunity for public comment prior to adoption of said Resolution, all as required by such Act.
I further certify that: the total number of members of the Board of School Directors of the School District is nine (9); the vote of members of the Board of School Directors of the School District upon said Resolution was called and duly was recorded upon the minutes of said meeting; and members of the Board of School Directors of the School District voted upon said Resolution in the following manner:
Dr. Ricky Swalm - Sue Tiernan - Gary Bevilacqua - Bret Binder - Yc^> Joyce Chester - f\b$ent Robin Kaliner - Yrf*> Chris McCune - /tr*> Vince Murphy - yvs Maureen Snook
IN WITNESS WHEREOF, I set my hand and affix the official seal of the School District, this 23ld dav of March. 2015. PROPOSAL FOR THE PURCHASE OF BONDS
Re: $27,500,000 Maximum Aggregate Principal Amount
WEST CHESTER AREA SCHOOL DISTRICT (Chester and Delaware Counties, Pennsylvania) General Obligation Bonds
March 23, 2015
Board of School Directors West Chester Area School District 829 Paoli Pike West Chester, PA 19380
Ladies and Gentlemen:
Public Financial Management Inc. (the "Financial Advisor") agrees, under the terms of this Proposal for the Purchase of Bonds (the "Proposal"), to serve as financial advisor to the West Chester Area School District, located in Chester and Delaware Counties, Pennsylvania (the "School District") in connection with the ultimate purchase of the School District's General Obligation Bonds, Series of 2015 (or similar designations) in the maximum combined aggregate principal amount of $27,500,000 (the "Bonds"), to be issued in one or more series and to be issued under and secured by a Resolution of the School District adopted by its Board on March 23, 2015 (the "Resolution"). Capitalized terms and phrases used herein shall have the meanings ascribed thereto in the Resolution to the extent not otherwise defined herein, which is incorporated herein by this reference. -
1. Purchase and Sale of the Bonds.
Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Financial Advisor hereby agrees to assist the School District, in the manner hereinafter described, as financial advisor (and not as underwriter within the meaning of SEC Rule 15c2-12(f)(8)), and the School District hereby agrees to sell and deliver to the Underwriter (hereinafter defined) all Bonds issued under the Resolution and representing nonelectoral debt incurred by the School District under the provisions of the Pennsylvania Local Government Unit Debt Act (the "Debt Act"). The Bonds shall be issued under the terms and financial parameters described in the Resolution, including the conditions for issuance and delegation of authority, and the maximum purchase price, interest rates and annual principal payment amounts illustrated in the Schedules attached hereto and incorporated herein (the "Bond Parameters"), and as may be permitted by the Debt Act.
The final purchase price for the Bonds, including underwriting discount and net original discount or original issue premium, if any, final interest rates, mandatory redemption provisions and annual and aggregate principal amounts shall be specified in an Addendum to this Proposal, signed by authorized officers of the Financial Advisor and of the School District (the "Addendum"), which shall constitute an assignment of the applicable rights and interests hereunder to a qualified municipal bond underwriting firm (the "Underwriter"), for resale of the Bonds to the public, and specifying the final terms of the Bonds, within the Bond Parameters. The Underwriter shall be selected utilizing one of the following methods, as determined by the Financial
1 Advisor: (1) through direct negotiations between the Financial Advisor and the Underwriter, to reflect market conditions prevailing at the time, resulting in a written Addendum to this Proposal (the "Addendum"), containing the final terms and conditions of this issuance of the Bonds, or (2) through an invited, competitive sale process orchestrated by the Financial Advisor under which the Bonds would be awarded to the Underwriter having submitted an electronic bid (the "Bid") containing the lowest true interest cost ("TIC") for the Bonds, calculated from electronic bids submitted on the PFMauction internet site on a date and time selected by the Financial Advisor, in accordance with an Invitation to Bid and Winning Bid Form (collectively, the "Bid Documents") substantially in the forms attached hereto as Exhibit "A", with appropriate amendments and insertions, which is incorporated as a part of this Proposal. The Bonds shall be subject to optional redemption prior to maturity, and may contain mandatory sinking fund redemptions, as described in the final Bid Documents. The calculation of the TIC and other conditions for submitting competitive bids for the Bonds are set forth in the Bid Documents. The Bonds may be issued and delivered by the School District to the Underwriter from time to time, in more than one series, on such dates and in such aggregate principal amounts as may be authorized by the School District and the Resolution and acceptable to the Financial Advisor, and the Financial Advisor shall, at the time of such determination, execute an Addendum each time a series of Bonds will be offered for resale under the terms of the Resolution and this Proposal. The appropriate purchase price (net of any good faith deposit previously tendered), determined as set forth above, including accrued interest, if any, from the dated date of such Bonds to each date of the delivery thereof, shall be paid by the Underwriter at the time of the issuance and delivery of any of the Bonds ("Closing").
The School District shall prepare, or cause to be prepared, a Preliminary Official Statement containing appropriate descriptions of the School District, the Bonds and other material information with respect to the School District and the Bonds (the "Preliminary Official Statement") prior to any marketing or public offering of the Bonds by the Underwriter. The School District also shall prepare or cause to be prepared a final Official Statement, substantially in the form and with the content of the Preliminary Official Statement, but with such amendments and supplements to a date not more than seven (7) business days after the Bid has been signed by all parties, or otherwise as may be mutually agreed to by the School District and the Underwriter (the "Official Statement").
This Proposal may be terminated at any time after the date twelve (12) months from the date hereof, at the option of the School District or the Financial Advisor, if the Bond Parameters have not been achieved and an Addendum has not been executed by such date. In no event shall the Financial Advisor have any obligation to purchase or market the Bonds directly, which shall be the role of the Underwriter, as described herein.
In the case of a competitive sale of the Bonds, any conflict between the language or terms of this Proposal and the final terms of the Addendum and the Bid Documents, the final terms of such Addendum and Bid Documents shall control. In the case of a negotiated sale of the Bonds, any conflict between the language or terms of this Proposal and the final terms of the Addendum, the final terms of the Addendum shall control.
2. The Bonds.
The Bonds shall be as described in the attached schedules, the Resolution, the Bid Documents and the Official Statement, and shall be authorized, issued and secured pursuant to the Resolution, which shall comply in all respects with the Debt Act. The paying agent for the Bonds (the "Paying Agent") and the qualified bond counsel retained by the School District in connection with the issuance of the Bonds ("Bond Counsel"), are named in the Resolution or in the Addendum. The intended uses of the proceeds of the Bonds are described in Resolution or in the Addendum.
2 As a condition to the acceptance of the Bonds by the Underwriter, under the terms described in the Addendum, the Underwriter may request the School District to procure and cause to be delivered to the Paying Agent a municipal bond guaranty insurance policy (the "Bond Insurance Policy"), dated the date of original issuance of the Bonds, issued by municipal bond insurance company which is satisfactory to the Underwriter (the "Insurer"), insuring payment of the principal of and interest on the Bonds when due. The Financial Advisor shall certify to the School District that the present value of the expected interest savings resulting from the purchase of such Bond Insurance Policy exceeds the premium to be paid.
3. Use of Documents; Certain Covenants and Agreements of the School District
(a) The School District hereby authorizes the use by the Financial Advisor of the Resolution and the Preliminary Official Statement, including any supplements or amendments thereto, and the information therein contained, in connection with the selection of the Underwriter, and the use thereof by the Underwriter in the marketing and sale of the Bonds.
(b) The School District covenants and agrees:
(i) To cause to be made available to the Underwriter such reasonable quantities of the Resolution as the Underwriter may reasonably request for use in connection with the offering and sale of the Bonds and to cause copies of the final Official Statement to be delivered to the Underwriter in sufficient quantity as may reasonably be requested by the Underwriter in order to comply with Rule 15c2-12 and the rules of the Municipal Securities Rulemaking Board ("MSRB"), to the extent applicable and appropriate, without charge, not less than fifteen (15) days prior to the scheduled issue date of the Bonds acceptable to the School District, the Financial Advisor and the Underwriter (the "Closing Date"), and in any event in sufficient time to accompany any confirmation requesting payment for Bonds from any customers of the Underwriter;
(ii) To notify the Financial Advisor and the Underwriter in writing of any event which occurs prior to the Closing Date or within 25 days following the Closing Date that may cause the Official Statement to contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading, and if, in the opinion of the Underwriter, it is necessary to amend or supplement the Official Statement in order to make the statements therein, in light of the circumstances when the Official Statement is delivered to a purchaser, not misleading, to prepare and furnish promptly and at its own expense (in a form and manner approved by the Underwriter), a reasonable number of copies of appropriate amendments or supplements to the Official Statement in form and content satisfactory to the Underwriter so that the statements in the Official Statement as so amended and supplemented will not be misleading or so that the Official Statement will comply with applicable law;
(iii) To advise the Financial Advisor and the Underwriter immediately of receipt by the School District of any written notification with respect to (A) the suspension of the qualification of the Bonds for sale in any jurisdiction or (B) the initiation or threat of any proceeding for that purpose;
(iv) To notify the Financial Advisor and the Underwriter in writing of any event that constitutes or may constitute a Change in Law (as herein defined) or casts doubt upon, or questions, the ability of the School District to issue or deliver the Bonds on the Closing Date as provided in this Proposal, promptly upon the School District becoming aware of such event;
(v) To deliver not less than ten (10) days prior to the Closing Date a written notice either (i) stating that no event has occurred that would cause the Official Statement, as of the Closing Date, to contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they are made, not misleading (other than as to certain legal matters
3 and summaries of provisions of the Bonds and related documents covered by a supplemental opinion of Bond Counsel), or (ii) setting forth all information necessary to ensure that the Official Statement can be amended or supplemented in a manner that will permit the School District to make and deliver the certification required by Section 6(g)(3) on and as of the Closing Date. If it is necessary to amend or supplement the Official Statement to permit the delivery of such certification, the School District shall cooperate in amending or supplementing the Official Statement to permit such certification on the Closing Date;
(vi) To notify the Financial Advisor and the Underwriter of the proposed issuance of any other bonds or notes or the incurrence of any other indebtedness prior to, or projected to be issued in the same calendar year as, the Closing Date;
(vii) To obtain, and maintain in full force and effect, all consents of any governmental or regulatory authority that are required to be obtained by it with respect to this Proposal and the authorization, sale, issuance, execution or delivery of the Bonds or the execution and delivery of any other agreements or documents contemplated by the Resolution, this Proposal or the Official Statement to be executed and delivered by or on behalf of the School District in connection with the authorization, sale, issuance and delivery of the Bonds (the "Bond Documents"), and shall use reasonable efforts to obtain any that may become necessary in the future;
(viii) To comply in all material respects with all applicable laws and orders to which it may be subject if failure to comply would impair its ability to perform its obligations under this Proposal, the Bonds or the Bond Documents; and
(ix) If a Bond Insurance Policy is used, to comply with the terms and conditions of the commitment of the Insurer for the issuance of the Bond Insurance Policy in order that the Bond Insurance Policy will be issued and effective on the Closing Date.
4. Representations and Warranties of the School District.
The School District hereby represents and warrants to the Financial Advisor, which representations and warranties may be relied upon by the Underwriter and shall survive the offering, sale and purchase of the Bonds, as follows:
(a) The information contained in any Preliminary Official Statement as of its date, and the information contained in the final Official Statement as of the Closing Date, will be true and correct in all material respects, and any such Preliminary Official Statement as of its date, and the Official Statement as of the Closing Date, will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein contained, in light of the circumstances under which they were made, not misleading.
(b) The School District is a school district duly organized and existing under the laws of the Commonwealth of Pennsylvania and, as such, has the power to issue the Bonds for the purposes described in the Preliminary Official Statement and to consummate the transactions contemplated by this Proposal, the Bid, the Addendum (if applicable), the Bonds and the Official Statement.
(c) Prior to the Closing, the School District will have duly authorized all necessary action to be taken by it for: (a) the adoption of the Resolution, (b) the issuance and sale of the Bonds upon the terms set forth herein and in the Official Statement, and (c) the approval, execution and delivery or receipt, as appropriate, by it of the Bonds, the Official Statement, this Proposal, the Bid or Addendum, as applicable, the
4 tax compliance agreement or certificate to be prepared by Bond Counsel and executed by the School District as of the Closing Date (the "Tax Certificate"), the Resolution and the Bond Documents.
(d) The Bonds, when issued, delivered and paid for, as provided herein and in the Bond Documents, will have been duly authorized and issued and will constitute legal, valid and binding general obligations of the School District entitled to the benefits and security of the Resolution and will be enforceable in accordance with their terms, except to the extent that the enforcement of remedies contained therein may be limited by applicable bankruptcy, reorganization, insolvency, moratorium or other laws affecting the enforcement of creditors' rights generally.
(e) The execution and delivery by the School District of the Bond Documents do not, and compliance with the provisions thereof will not, conflict with or constitute on the part of the School District a breach of or a default under any existing law, court or administrative regulation, decree, order, agreement, indenture, mortgage or lease by which the School District is or may be bound.
(f) The School District has complied with, and as of the Closing Date will be in compliance with, the Act in all material respects.
(g) As of the Closing Date, the Bond Documents to which the School District is a party will have been duly executed and delivered by the School District and will constitute legal, valid, and binding obligations of the School District, and the Official Statement will have been duly executed and delivered by the School District.
(h) All approvals and consents of any governmental authority, board, agency or commission including without limitation the Pennsylvania Department of Community and Economic Development, to the extent required precedent to the adoption of the Resolution, issuance of the Bonds or performance by the School District of its obligations under the Debt Act or the Resolution will have been obtained prior to the Closing Date.
(i) The School District has disclosed to the Financial Advisor as of the date hereof, and as of the Closing Date will have disclosed to the Financial Advisor and the Underwriter, all material information requested by the Financial Advisor and the Underwriter about the School District and the application of the proceeds of the Bonds.
(j) The School District as of the date hereof is not, and upon issuance and delivery of the Bonds will not be, in breach of or in default under any agreement or other instrument to which the School District is a party or by or to which it or its revenues, properties, assets or operations are bound or subject, or any administrative regulation, judgment, order, decree, ruling or other law by or to which it or its revenues, properties, assets or operations are bound or subject, except breaches or defaults that are not material to the legal or financial standing of the School District or the transactions contemplated hereby and by the Resolution, the Official Statement and the Bonds; and as of the date hereof no event has occurred and is continuing, and upon issuance and delivery of the Bonds no event will have occurred and be continuing, that, with the passage of time or the giving of notice, or both, constitutes or will constitute, any such breach or default.
(k) Except as specifically set forth in any Preliminary Official Statement, as of its date, and, except as specifically set forth in the Official Statement, as of the Closing Date, no action, suit, proceeding or investigation, in equity or at law, before or by any court or governmental agency or body, is or will be pending or, to the best knowledge of the School District, threatened (i) that reasonably might result in material liability on the part of the School District or materially and adversely affect the use of the proceeds of the Bonds; or (ii) wherein an adverse decision, ruling or finding might adversely affect (A) the transactions contemplated by
5 this Proposal, the Resolution or, as applicable, the Official Statement, (B) the validity or enforceability of any agreement or instrument to which the School District is a party and which is used or is contemplated for use in the consummation of the transactions contemplated hereby and by the Resolution, the Official Statement, as applicable, and the Bonds, or (C) the issuance of the Bonds. •
(1) Since the date of the School District's most recent financial statements summarized in the Preliminary Official Statement, no material adverse change has occurred in the financial position of the School District or in its results of operations, except as may be set forth in or contemplated by the Official Statement, nor has the School District, since such date, incurred any material liabilities other than in the ordinary course of business or as may be set forth or contemplated in the Official Statement.
(m) Except as otherwise specifically set forth in the Preliminary Official Statement, as of its date, and, except as set forth in the Official Statement as of the Closing Date, there will be and are no pledges, liens, charges or encumbrances of any nature whatsoever on any property of the School District, and the School District has not entered into and will not have entered into any contract or arrangement of any kind with respect thereto and there is and will be no existing, pending, threatened or anticipated event or circumstance that might give rise to any such pledge, lien, charge or encumbrance.
(n) The School District will not take or omit to take any action within its control which in any way will cause or result in the proceeds of the sale of the Bonds being applied in a manner other than as provided in the Resolution or as will be described in the Official Statement.
(o) The School District will not take or omit to take any action within its control, which action or omission might in any way cause the interest on the Bonds to be includable in gross income of the holders thereof for federal income tax purposes.
(p) The School District does not currently contemplate taking any action that would adversely affect its ability to issue and deliver the Bonds as contemplated by this Proposal or that would have a material adverse effect on either the market price or marketability of the Bonds.
5. Closing.
(a) At approximately 10:00 a.m. Eastern Standard Time, on the Closing Date as shall have been mutually agreed upon by the School District and the Underwriter, the School District will, subject to the terms and conditions hereof, deliver the Bonds to the Underwriter, together with the other documents hereinafter mentioned, and the Underwriter will, subject to the terms and conditions hereof and of the Bid, accept such delivery and pay the purchase price of the Bonds as set forth in the Bid in federal funds, or in other immediately available funds, by wire transfer to the Paying Agent for the account of the School District (payment for the Bonds and the mutual delivery of the Bonds and the other documents, certificates and opinions required by this Proposal to be made on the Closing Date is herein referred to as the "Closing" and, if the Bonds are issued and delivered to the Underwriter from time to time as pennitted under Section 1 hereof, each delivery of Bonds and the other documents, certificates and opinions required by this Proposal to be made on the related Closing Date is herein referred to as a "Closing").
(b) Delivery of the Bonds shall be made to the Undeiwriter through the book-entry system of The Depository Trust Company ("DTC"), New York, New York. The Bonds shall be issued and delivered to DTC or its agent in fully registered form, without coupons, and shall bear assigned CUSIP numbers. One Bond (or such number of Bonds as may then be required by DTC in accordance with its operational guidelines and procedures) shall be issued for each maturity of the Bonds and shall be registered in the name of CEDE & CO. or such other nominee of DTC as DTC shall require. Upon the Underwriter's prior written request, the Bonds
6 shall be made available for inspection by the Underwriter at least one business day before the Closing Date. Nothing in this subsection (b) shall prohibit the School District from using some other method for delivery of the Bonds, including DTC's "FAST" System.
(c) Delivery of all documents required to be delivered as of the Closing Date shall be made at the offices of Bond Counsel (as defined herein) or at such other place as shall have been mutually agreed upon by the School District and the Underwriter.
6. Closing Conditions.
The Underwriter's obligation to accept delivery of and to pay for the Bonds shall be conditioned upon the performance by the School District of all its obligations to be performed hereunder, including the Addendum at or prior to the Closing Date, and shall also be subject to the following additional conditions:
(a) The representations and warranties of the School District contained herein shall be true and correct on the date hereof and on and as of the Closing Date, as if made on the Closing Date.
(b) As of the Closing Date, this Proposal, the Resolution and the Bond Insurance Policy, if applicable, shall be in full force and effect and shall not have been amended, modified or supplemented, and the Official Statement shall not have been supplemented or amended, except in any such case as may have been agreed to by the Financial Advisor and, if applicable, the Insurer and the School District.
(c) As of the Closing Date, all official action of the School District relating to this Proposal, the Bonds, the Resolution and the Bond Insurance Policy, if applicable, shall be in full force and effect and shall not have been amended, modified or supplemented.
(d) As of the Closing Date, there shall not have occurred any change, or any development involving a prospective change, in the status of construction, required permits and approvals, or arrangements for the use of the proceeds of the Bonds, or in the condition, financial or otherwise, or in the earnings or operations, of the School District, from that set forth in the Official Statement which, in the judgment of the Financial Advisor or the Underwriter, is material and adverse and makes it, in the judgment of the Financial Advisor or the Underwriter, impracticable to market the Bonds on the terms and in the manner contemplated in the Official Statement.
(e) The Bond Insurance Policy, if applicable, shall have been delivered to the Paying Agent.
(f) The issuance of the Bonds and the incurring of the related nonelectoral indebtedness by the School District under the Resolution shall have been approved by the Pennsylvania Department of Community and Economic Development in accordance with the Debt Act of the Commonwealth of Pennsylvania.
(g) At or prior to the Closing, the Financial Advisor and the Underwriter shall have received copies of each of the following documents:
(1) The Official Statement, and each supplement or amendment, if any, thereto, executed on behalf of the School District;
(2) The Resolution, certified by an appropriate officer of the School District as having been duly adopted by the Board of School Directors of the School District and as being in full force and effect as of the Closing Date, with only such supplements or amendments as may have been agreed to by the Underwriter and, if applicable, the Insurer;
7 (3) A certificate, dated the Closing Date, of an Authorized Representative of the School District, in form and substance satisfactory to the Underwriter stating, among other things, that the Official Statement as of its date did not, and as of the Closing Date does not, contain any untrue statement of a material fact, or omit to state a material fact necessary to make the statements therein, in light of the circumstances in which they are made, not misleading;
(4) An opinion, dated the Closing Date, of the duly appointed Solicitor to the School District as of the Closing Date, addressed to the School District and the Underwriter, in form and substance satisfactory to the Underwriter;
(5) An opinion, dated the Closing Date, of Bond Counsel, to the effect that the Bonds have been duly authorized, issued, sold and delivered and are valid and binding general obligations of the School District, that interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations, and that the Bonds and the interest thereon are exempt from the Pennsylvania personal income tax and corporate net income tax;
(6) A copy of the Bond Insurance Policy, if applicable;
(7) An opinion dated the Closing Date addressed to the School District, Bond Counsel and the Underwriter from counsel to the Insurer, if applicable, in form and substance satisfactory to the Bond Counsel and the Underwriter;
(8) If a Bond Insurance Policy is utilized, a certificate of an authorized officer of the Insurer in form and substance satisfactory to the Underwriter;
(9) A certificate of an authorized officer of the Paying Agent in form and substance satisfactory to the Underwriter and Bond Counsel;
(10) A copy of any rating letter(s) to be described in the Addendum;
(11) A tax certificate signed by an authorized officer of the School District in form and substance satisfactory to the Underwriter and Bond Counsel;
(12) A certificate or certificates of the Paying Agent with respect to the due authorization, execution and delivery of the agreements relating to the Bonds to which the Paying Agent is a party, and with respect to the incumbency and signatures of the officers of the Paying Agent authenticating the Bonds and executing such agreements;
(13) A copy of an accepted Letter of Representations or Blanket Issuer Letter of Representations, as may be appropriate, from the School District to The Depository Trust Company with respect to the applicability of the book-entry-only system to the Bonds;
(14) A Continuing Disclosure Agreement or Certificate in form and substance satisfactory to Bond Counsel and the Underwriter (the "Continuing Disclosure Agreement");
(15) Written evidence satisfactory to the Underwriter that the Department of Community and Economic Development of the Commonwealth of Pennsylvania has approved the issuance of the Bonds and the School District's incurrence of the related nonelectoral indebtedness in an amount not less than the principal amount of the Bonds in accordance with the Act, together with copies of the related proceedings filed by the School District with said Department under the Debt Act; and
8 (16) Such additional legal opinions, certificates, instruments and other documents as the Underwriter may request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the School District's representations and warranties contained herein and of the statements and information contained in the Official Statement and the due performance or satisfaction by the School District on or prior to the Closing Date of all the respective agreements then to be performed and conditions then to be satisfied by the School District.
If the School District shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds contained in this Proposal, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the Bonds shall be terminated for any reason permitted by this Proposal, this Proposal shall terminate, and the Financial Advisor, Underwriter and School District shall be under any further obligation hereunder, except that the respective obligations of the School District and the Underwriter set forth in Section 8 hereof shall continue in full force and effect.
The Underwriter may be relieved of its obligation to pay the purchase price of the Bonds terminate by notifying, in writing, the School District and the Financial Advisor if at any time at or prior to the Closing: (i) legislation having an effective date or dates at or prior to the Closing Date shall be enacted by the Congress of the United States or adopted by either House thereof or a decision by a Court of the United States or the United States Tax Court shall be rendered, or a ruling, regulation or official statement by or on behalf of the Treasury Department of the United States, the Internal Revenue Service or other governmental agency shall be made with respect to federal taxation upon interest received on bonds or notes of the general character of the Bonds or which would have the effect of changing directly or indirectly the federal income tax consequences of interest on bonds of the general character of the Bonds in the hands of the owners thereof, and which in the reasonable judgment of the Underwriter materially and adversely affects the marketability of the Bonds; or (ii) a stop order, ruling, regulation, proposed regulation or statement by or on behalf of the Securities and Exchange Commission or any governmental agency having jurisdiction shall be issued or made to the effect that the issuance, offering or sale of obligations of the general character of the Bonds is in violation of any provisions of the Securities Act of 1933, as amended; or (iii) there shall have occurred any other Change in Law; or (iv) there shall have occurred any new outbreak of hostilities or other national or international calamity or crisis, or a default with respect to the debt obligations of, or the institution of proceedings under any bankruptcy law by or against, any state of the United States or agency thereof or any School District in the United States having a population of over one million, the effect of which on the financial markets in the United States being such as, in the reasonable judgment of the Underwriter, would make it impracticable for the Underwriter to market the Bonds or to enforce contracts for the sale of the Bonds; or (v) there shall be in force a general suspension of trading on the New York Stock Exchange; or (vi) a general banking moratorium shall have been declared by federal, New York or Pennsylvania authorities having jurisdiction and be in force; or (vii) an adverse event described in Section 3(b)(ii) hereof occurs which requires or has required a supplement or amendment to the Official Statement and which, in the reasonable judgment of the Underwriter, even if the Official Statement were so supplemented, would materially and adversely affect the marketability of the Bonds; or (viii) the Underwriter has not received, at or prior to the delivery of the Bonds, in form and substance reasonably satisfactory to the Underwriter, evidence that the School District has entered into the Continuing Disclosure Agreement, if required.
7. Expenses.
The Financial Advisor and Underwriter shall be under no obligation to pay any expenses incident to the performance of the School District's obligations hereunder, including, but not limited to the cost of preparation, printing and delivery of a sufficient number of copies of the Official Statement and copies of any supplement or amendments to the Official Statement, the cost of preparation and printing of the Bonds, the fees and disbursements of Bond Counsel and Solicitor, the premiums and fees of the Insurer or its counsel, if applicable,
9 the fees and disbursements of the Paying Agent, and any engineers, accountants, financial advisors and other experts, consultants or advisers retained by the School District, if any; and the fees, if any, for bond ratings. The School District shall pay the fees and expenses of the Financial Advisor in amounts not to exceed those illustrated in the schedules presented to the School District this date.
The Underwriter shall pay any costs required of it in the Bid Documents or the Addendum.
8. Blue Sky.
The Underwriter shall, in its sole discretion, determine the jurisdictions in which the Bonds shall be offered and sold. The School District shall cooperate with the Underwriter in its efforts to qualify the Bonds for such offer, sale and delivery under the securities or blue sky laws of such jurisdictions as the Underwriter may require, but neither the School District nor the Financial Advisor shall not be required to pay any related fees or expenses or to consent to service of process in any jurisdiction.
9. Notices.
Any notice or other communication to be given to the School District under this Proposal may be given by delivering the same in writing to the School District at the address set forth above Attention: Director of Business Affairs. Any notice or other communication to be given to the Financial Advisor or the Underwriter under this Proposal may be given by delivering the same in writing, to the address set forth in the Bid Documents or the Addendum.
10. Parties in Interest.
This Proposal, including exhibits and attachments, as heretofore specified shall constitute the entire agreement between us and is made solely for the benefit of the School District, the Financial Advisor and the Underwriter, as the assignee hereof under the Bid, and no other person shall acquire or have any right hereunder or by virtue hereof.
11. Effectiveness.
This Proposal shall become effective upon the acceptance hereof by the School District and shall be valid and enforceable at the time of such acceptance.
All of the School District's representations, warranties and agreements contained in this Proposal shall remain operative and in full force and effect, regardless of (i) any investigations made by or on behalf of the Financial Advisor or the Underwriter; (ii) delivery of and payment for the Bonds; and (iii) any tennination of this Proposal.
12. Choice of Law.
This Proposal shall be governed by and construed in accordance with the law of the Commonwealth of Pennsylvania.
13. Severability.
If any provision of this Proposal shall be held or deemed to be or shall, in fact, be invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, or in all jurisdictions because it conflicts with any provisions of any Constitution, statute, rule of public policy, or any other reason, such circumstances shall not have the effect of rendering the provision in question invalid, inoperative or
10 unenforceable in any other case or circumstance, or of rendering any other provision or provisions of this Proposal invalid, inoperative or unenforceable to any extent whatsoever.
14. Business Day.
For purposes of this Proposal, "business day" means any day on which commercial banks in Philadelphia, Pennsylvania, are not required or authorized to be closed, and the New York Stock Exchange is not closed.
15. Change in Law.
For purposes of this Proposal, "Change in Law" means any event between the date of this Proposal and the Closing Date which occurs as a result of the passage, promulgation, issuance or rendering of any legislation, regulation, ruling, order, release, court decision or judgment or other action by a governmental body, regulatory agency or court the effect of which is any of the following:
(i) Bond Counsel is or will be unable to deliver to the Underwriter at Closing an approving opinion of bond counsel with the content required by this Proposal;
(ii) The School District does not have the power to levy an annual ad valorem tax on all taxable property located within the School District for the purpose of paying the principal of and interest on the Bonds;
(iii) The offering or sale of the Bonds is subject to registration under Pennsylvania or Federal securities laws, or the Bonds or any document executed in connection therewith is subject to registration under Pennsylvania or Federal securities laws; or
(iv) In the reasonable judgment of the Underwriter, the offering or sale of the Bonds would be or result in a violation of applicable Pennsylvania or Federal securities laws.
16. Section Headings.
Section and paragraph headings have been inserted in this Proposal as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Proposal and will not be used in the interpretation of any provisions of this Proposal.
17. Counterparts.
This Proposal may be executed in several counterparts each of which shall be regarded as an original (with the same effect as if the signatures thereto and hereto were upon the same document) and all of which shall constitute one and the same document. The School District may approve this Proposal by delivering to the Financial Advisor by the time and date herein provided a signed counterpart of this Proposal.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. ]
11 When signed and accepted, this Proposal has been executed and delivered the day and year first above written.
Very truly yours,
PUBLIC FINANCIAL MANAGEMENT, INC., as Financial Advisor
By: / Name: Cj4en Wiiliard Title: Managing Director
Accepted and agreed to this 23rd day of March, 2015.
West Chester Area School District, Chester and Delaware Counties, Pennsylvania
President, Board of School Directors
Attest; Secreta
12 SCHEDULE I TO PROPOSAL FOR THE PURCHASE OF BONDS
' Re: West Chester Area School District Chester and Delaware Counties, Pennsylvania $27,500,000 Maximum Aggregate Principal Amount General Obligation Bonds
Summary
Maximum Aggregate Principal Amount: $27,500,000
Principal Maturity or Maximum Interest Rate Mandatory Sinking Fund Fiscal Year and Yield to Maturity Payment Amount (Ending June 30) (%) ($) 2016 6.00% 4,555,000 2017 6.00% 4,780,000 2018 6.00% 2,620,000 2019 6.00% 1,035,000 2020 6.00% 1,045,000 2021 6.00% 1,055,000 2022 6.00% 1,065,000 2023 6.00% 25,000 2024 6.00% 25,000 2025 6.00% 25,000 2026 6.00% 25,000 2027 6.00% 25,000 2028 6.00% 2,110,000 2029 6.00% 2,185,000 2030 6.00% 2,240,000 2031 6.00% 2,295,000 2032 6.00% 2,390,000 April 27,2015
EXHIBIT A WINNING BID FORM
WEST CHESTER AREA SCHOOL DISTRICT (Chester and Delaware Counties, Pennsylvania) $8,105,000* GENERAL OBLIGATION BONDS, Series of 2015
Board of School Directors West Chester Area School District c/o Public Financial Management, Inc. One Keystone Plaza, Suite 300 ' North Front & Market Streets Harrisburg, PA 17101 (P. O. Box 11813, Hamsburg, PA 17108) Fax#: (717)232-8610 '
Ladies and Gentlemen:
Subject to the provisions of and in accordance with the terms of the Invitation to Bid, dated April 21, 2015 of the West Chester Area School District (the "School District") for its General Obligation Bonds, Series of 2015 (the "Bonds"), which are incorporated herein and hereby made a part hereof:
We hereby confirm that we have agreed to purchase all, but not less than all, of the $8,105,000* aggregate principal amount of the Bonds described in the Invitation to Bid and to pay therefor the amount of $8,361,927.75 constituting 103.169991% of the par value of the Bonds, plus the interest accrued, if any, on the Bonds from June 1, 2015. This offer is for the Bonds bearing interest at the rates and in the form of serial Bonds and term Bonds as follows:
Term Principal Interest Reoffering Rcoffering Maturity November IS Amount'1'1 Rate Price Yield Date 2015 $3,295,000 2.000 % 100.828 0,180 2016 3,410,000 3.000 % 103.769 0,400 2017 1,400,000 4.000 % 108.019 0,700
''^Aggregate principal amount and principal amortization amounts may be adjusted as set forth in the Invitation to Bid.
*Preliminary; subject to adjustment.
We acknowledge and have agreed that after we submit this proposal, the School District may modify the aggregate principal amount of the Bonds and/or the principal amounts of each maturity of the Bonds, subject to the limitations set forth in the Invitation to Bid,
We further acknowledge and have agreed that in the event that any adjustments arc made to the principal amount of the Bonds, we will purchase all of the Bonds, taking into account such adjustments on the above specified terms of this proposal for the Bonds.
As the winning bidder, we confirm that we have agreed to wire $81,950 to the School District, as security against any loss of the School District resulting from failure of the undersigned bidder to comply with terms of the bid.
As the winning bidder, we confirm that we have agreed to immediately furnish the additional information described under the caption "Information Required From Winning Bidder; Reoffering Price" in the Invitation to Bid. '
As the winning bidder, we confirm that we have agreed to provide to the School District as soon as possible after the sale of the Bonds a complete list of syndicate members, if any, upon request, the actual allocation of the Bonds and the orders placed by the syndicate members.
We have noted that payment of the purchase price is to be made in immediately available Federal Funds at the time of delivery of the Bonds.
In the event we have bid on behalf of a bidding syndicate, we represent that we have full and complete authority to submit the bid on behalf of our bidding syndicate and that the undersigned will serve as the lead manager for the group.
We desire copies (not exceeding 200) of the Official Statement for the Bonds (as provided in the Invitation to Bid). We understand that we may obtain additional copies at our own expense.
A-l : this proposal ^'genuine, find, iicrt a sham or cbIltisiV6,.ndr made in the ih^rest bf'or bnbchdJf of any peisSn ni>t heroin Wanted, acid that'ths' bid&r baa not directly of 'lndirectly induced otSoilcite.d any Other bidder to; piit In a stecm bid or any '.other person, fort Or corporation to refrain from bidding, and that the bidderhas not in any manner sougbtby coUmionb? 'secure for itself ah' advantage over'any Other bidder.'.
Respectfully submitted,
' " 3*4!Uo?
Nfimfcand Title'
Address! i
.. 1?A
Teieoftonftr 2^ ^ 1 " IqS 2 f V
Facsimile;-.
The 'above Bid is hereby accepted by. the Board of School Directors .of the West Chester Aiea School District with Finai Maturity Schedule aj shd^ onthe.anhi&ftdE^bitA. :' : • ' •
' ' : ' • : . ' WEST CfeTER AREA SCHOOL DISTRICT - •'. ' • Chester tod^few^^uatjfeayP«ihsylYahia . . :
Attest By
•' • :• ' '• • - A4 ' • . • • • ,7 • :''''•. •
a BOARD POLICY REVIEW COMMITTEE ACTION ITEMS The Board Policy Review Committee is reviewing and revising the WCASD Board Policy Manual. Unless otherwise noted, after receiving committee approval, the revised policies will be placed on the Regular Board Meeting Consent Agenda for 1st and 2nd reading approval. Approval of Revised Board Policy 108 Adoption of Textbooks, Second Reading Approval is requested for revised Board Policy 108-Adoption of Textbooks, Second Reading I so move. Approval of Revised Board Policy 108AG1 Guidelines for Textbook Selection and Adoption, Second Reading Approval is requested for revised Board Policy 108AG1-Guidelines for Textbook Selection and Adoption, Second Reading I so move. Approval of Revised Board Policy 108AG2 Textbook Selection and Adoption Form, Second Reading Approval is requested for revised Board Policy 108AG2-Textbook Selection and Adoption Form, Second Reading I so move. Approval of Revised Board Policy 109.1 School Libraries, Second Reading Approval is requested for revised Board Policy 109.1-School Libraries, Second Reading I so move. Approval of Revised Board Policy 109.1AG1 School Libraries, Second Reading Approval is requested for revised Board Policy 109.1AG1-School Libraries, Second Reading I so move. Approval of Revised Board Policy 113 Special Education, Second Reading Approval is requested for revised Board Policy 113-Special Education, Second Reading I so move. Approval of Revised Board Policy 113.1 Discipline of Students with Disabilities, Second Reading Approval is requested for revised Board Policy 113.1-Discipline of Students with Disabilities, Second Reading I so move. Approval of Revised Board Policy 113.2 Behavior Support for Students with Disabilities, Second Reading Approval is requested for revised Board Policy 113.2-Behavior Support for Students with Disabilities, Second Reading I so move. Approval of Revised Board Policy 113.3 Evaluations for Students with Disabilities, Second Reading Approval is requested for revised Board Policy 113.3-Evaluations for Students with Disabilities, Second Reading I so move. Approval of Revised Board Policy 113.4 Confidentiality of Special Education Student, Second Reading Approval is requested for revised Board Policy 113.4-Confidentiality of Special Education Student, Second Reading I so move. Approval of Revised Board Policy 113.5 Child Find and Screening, Second Reading Approval is requested for revised Board Policy 113.5-Child Find and Screening, Second Reading I so move. Approval of Revised Board Policy 114 Gifted Education, Second Reading Approval is requested for revised Board Policy 114-Gifted Education, Second Reading I so move. Approval of Revised Board Policy 124 Alternative Instruction Courses, Second Reading Approval is requested for revised Board Policy 124-Alternative Instruction Courses, Second Reading I so move. Approval of Revised Board Policy 125 Adult Education, Second Reading Approval is requested for revised Board Policy 125-Adult Education, Second Reading I so move. Approval of Revised Board Policy 137 Home Education Programs, Second Reading Approval is requested for revised Board Policy 137-Home Education Programs, Second Reading I so move. Approval of Revised Board Policy 137AG1 Home Education Programs Nondistrict Programs Guidelines, Second Reading Approval is requested for revised Board Policy 137AG1-Home Education Programs Nondistrict Programs Guidelines, Second Reading I so move. Approval of Revised Board Policy 137AG2 Home Education Programs District Programs Guidelines, Second Reading Approval is requested for revised Board Policy 137AG2-Home Education Programs District Programs Guidelines, Second Reading I so move. Approval of Revised Board Policy 214-Class Rank, Second Reading Approval is requested for revised Board Policy 214-Class Rank, Second Reading I so move. Approval of Revised Board Policy 250-Student Recruitment, Second Reading Approval is requested for revised Board Policy 250-Student Recruitment, Second Reading I so move. Approval of Revised Board Policy 304-Employment Of District Staff, Second Reading Approval is requested for revised Board Policy 304-Employment Of District Staff, Second Reading I so move. Approval of Revised Board Policy 304AG1-Hiring Procedure-Employment of Professional Employees First Reading Approval is requested for revised Board Policy 304AG1-Hiring Procedure-Employment of Professional Employees First Reading I so move. Approval of Revised Board Policy 304AG2-Hiring Procedure-Employment of Administrators, Second Reading Approval is requested for revised Board Policy 304AG2-Hiring Procedure-Employment of Administrators, Second Reading I so move. Approval of Revised Board Policy 304AG3-Interview Record, Second Reading Approval is requested for revised Board Policy 304AG3-Interview Record, Second Reading I so move. Approval of Revised Board Policy 305-Employment Of Substitutes, Second Reading Approval is requested for revised Board Policy 305-Employment Of Substitutes, Second Reading I so move. Approval of Revised Board Policy 305AG1-Guidelines for Substitute Coverage, Second Reading Approval is requested for revised Board Policy 305AG1-Guidelines for Substitute Coverage, Second Reading I so move. Approval of Revised Board Policy 313-Evaluation Of Employees, Second Reading Approval is requested for revised Board Policy 313-Evaluation Of Employees, Second Reading I so move. Approval of Revised Board Policy 313AG1-Guidelines for Evaluations, Second Reading Approval is requested for revised Board Policy 313AG1-Guidelines for Evaluations, Second Reading I so move. Approval of Revised Board Policy 324-Personnel Files, Second Reading Approval is requested for revised Board Policy 324-Personnel Files, Second Reading I so move. Approval of Revised Board Policy 324AG1-Personnel Files-Records Location Guideline, Second Reading Approval is requested for revised Board Policy 324AG1-Personnel Files-Records Location Guideline, Second Reading I so move. Approval of Revised Board Policy 328-Compensation Plans/Salary Schedules, Second Reading Approval is requested for revised Board Policy 328-Compensation Plans/Salary Schedules, Second Reading I so move. Approval of Revised Board Policy 328AG1Guidelines for Pay on Emergency Closing Days, Second Reading Approval is requested for revised Board Policy 328AG1Guidelines for Pay on Emergency Closing Days, Second Reading I so move. Approval of Revised Board Policy 621AG1-Local Taxpayer Bill Of Rights Procedures, Second Reading Approval is requested for revised Board Policy 621-AG1-Local Taxpayer Bill Of Rights Procedures, Second Reading I so move. Approval of Revised Board Policy 621AG2-Disclosure Statement, Second Reading Approval is requested for revised Board Policy 621-AG2-Disclosure Statement, Second Reading I so move. Approval of Revised Board Policy 621AG3-Petition for Appeal and Refund, Second Reading Approval is requested for revised Board Policy 621-AG3-Petition for Appeal and Refund, Second Reading I so move. Approval of Revised Board Policy 621AG4-Request for Extension of Time, Second Reading Approval is requested for revised Board Policy 621-AG4-Request for Extension of Time, Second Reading I so move. Approval of Revised Board Policy 621AG5-Initial Refund Claim Form, Second Reading Approval is requested for revised Board Policy 621-AG5-Initial Refund Claim Form, Second Reading I so move. Approval of Revised Board Policy 625-Procurement Cards, Second Reading Approval is requested for revised Board Policy 625-Procurement Cards, Second Reading I so move. Approval of Revised Board Policy 103.1 NonDiscrimination-Qualified Students with Disabilities, Second Reading Approval is requested for revised Board Policy 103.1-NonDiscrimination-Qualified Students with Disabilities, Second Reading I so move. Approval of Revised Board Policy 116 Tutoring, Second Reading Approval is requested for revised Board Policy 116-Tutoring, Second Reading I so move. Approval of Revised Board Policy 117 Homebound Instruction, Second Reading Approval is requested for revised Board Policy 117-Homebound Instruction, Second Reading I so move. Approval of Revised Board Policy 132 Alternative Education, Second Reading Approval is requested for revised Board Policy 132-Alternative Education, Second Reading I so move. Approval of Revised Board Policy 210-Use of Medications, Second Reading Approval is requested for revised Board Policy 210-Use of Medications, Second Reading I so move. Approval of Revised Board Policy 251-Homeless Students, First Reading Approval is requested for revised Board Policy 251-Homeless Students, First Reading I so move. West Chester Area School District Policy Review Committee Meeting Minutes July 27, 2015 Attended: School Board: Mr. Gary Bevilacqua*, Mr. Bret Binder*, Mr. Vince Murphy*, Mrs. Sue Tiernan (*Committee Members) Administration: Dr. Jim Scanlon, Dr. June Garwin, Dr. Leigh Ann Ranieri, Dr. Bob Sokolowski, Dr. Jeff Ulmer Mr. Binder opened the meeting at 6:20 pm. Minutes from the June 15, 2015 meeting were approved, VOTE 3‐0 The committee reviewed: 108 Adoption of Textbooks 304AG2 Hiring Procedure –Employment of 108AG1 Guidelines for Textbook Selection.Adoption Administrators 108AG2 Textbook Selection and Adoption Form 304AG3 Interview Record 109.1 School Libraries 305 Employment of Substitutes 109.1AG1 Guidelines for School Libraries 305AG1 Guidelines for Substitute Coverage 313 Evaluation of Employees 113 Special Education 313AG1 Guidelines for Evaluations 113.1 Discipline of Students with Disabilities 324 Personnel Files 113.2 Behavior Support Students w. Disabilities 324AG1 Personnel Files ‐ Records Location Guideline 113.3 Evaluations for Students with Disabilities 328 Compensation Plans/Salary Schedules 113.4 Confidentiality of SPED Student 328AG1 Guidelines for Pay on Emergency Closing Days 113.5 Child Find and Screening 621AG1 Local Taxpayer Bill of Rights Procedures 114 Gifted Education 621AG2 Disclosure Statement 124 Alternative Instruction Courses 621AG3 Petition for Appeal and Refund 125 Adult Education 621AG4 Request for Extension of Time 137 Home Education Programs 621AG5 Initial Refund Claim Form 137AG1 Home Education Programs NonDistrict 625 Procurement Cards Programs Guidelines 103.1 Nondiscrimination‐Qualified Students w. 137AG2 Home Education Programs District Programs disabilities Guidelines 116 Tutoring 214 Class Rank 117 Homebound Instruction 250 Student Recruitment 132 Alternative Education 304 Hiring Procedure 210 Use of Medication 304AG1 Hiring Procedure – Employment of 916AG1 Summary of Volunteer Clearance Professional Employees Requirements 916AG2 School Volunteer Disclosure Form Outcome of meeting: The policy committee recommended the following policies with revisions be placed on the August 24th consent agenda for second reading approval: 108,108AG1, 108 AG2, 109.1, 109.1AG1, 113, 113.1, 113.2, 113.3, 113.4, 113.5, 114, 124, 125, 137, 137AG1, 137AG2, 214, 250: VOTE 3‐0 The remaining policies will be reviewed at the meeting on August 17. The meeting ended at 7:22 pm. Next Meeting: Monday, August 17 @ 6:30 pm West Chester Area School District Policy Review Committee Meeting Minutes August 17, 2015 Attended: School Board: Mr. Gary Bevilacqua*, Mr. Bret Binder*, Mr. Vince Murphy*, Mrs. Sue Tiernan (*Committee Members) Administration: Dr. Jim Scanlon, Dr. June Garwin, Dr. Leigh Ann Ranieri, Dr. Bob Sokolowski, Dr. Jeff Ulmer Mr. Binder opened the meeting at 6:37 pm. Minutes from the July 27, 2015 meeting were approved, VOTE 3‐0. The committee reviewed: 304 Hiring Procedure 621AG1 Local Taxpayer Bill of Rights Procedures 304AG1 Hiring Procedure – Employment of 621AG2 Disclosure Statement Professional Employees 621AG3 Petition for Appeal and Refund 304AG2 Hiring Procedure –Employment of 621AG4 Request for Extension of Time Administrators 621AG5 Initial Refund Claim Form 304AG3 Interview Record 625 Procurement Cards 305 Employment of Substitutes 103.1 Nondiscrimination‐Qualified Students w. 305AG1 Guidelines for Substitute Coverage disabilities 313 Evaluation of Employees 116 Tutoring 313AG1 Guidelines for Evaluations 117 Homebound Instruction 324 Personnel Files 132 Alternative Education 324AG1 Personnel Files ‐ Records Location 210 Use of Medication Guideline 916AG1 Summary of Volunteer Clearance 328 Compensation Plans/Salary Schedules Requirements 328AG1 Guidelines for Pay on Emergency Closing 916AG2 School Volunteer Disclosure Form Days 251 Homeless Students Outcome of meeting: o The policy committee recommended Policy 251 be placed on the August 24th consent agenda for first reading approval. The remaining policies listed above (except 916AG1, 916AG2) with revisions be placed on the August 24th consent agenda for second reading approval, VOTE 3‐0. o 916AG1, 916AG2 await final legal decision from the state. The meeting ended at 8:12 pm. No. 108 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: ADOPTION OF TEXTBOOKS AREA ADOPTED: SCHOOL DISTRICT REVISED: 108. ADOPTION OF TEXTBOOKS 1. Authority The Board is responsible for adopting all textbooks used for instruction in the SC 508, 801, 803 district’s educational program. The Board shall establish a planned cycle of textbook review and replacement. 2. Definition Textbooks shall be defined as the books used as the basic source of information in the planned instruction. 3. Delegation of The Superintendent shall be responsible for the selection and recommendation of Responsibility textbooks for Board consideration. No adoption or change of textbooks shall be SC 508, 803 made without the Superintendent's recommendation, except by a two-thirds vote of the Board. The Superintendent or his/her designee shall establish administrative regulations guidelines for selecting a committee, reviewing, evaluating, and selecting textbooks (108AG1-Guidelines for Textbook and Core Novel/Non-Fiction Selection and Adoption and 108AG2-Textbook and Core Novel/Non-Fiction Selection and Adoption Form.) Pol. 105.1 A list of all approved textbooks used in district schools shall be maintained by the Superintendent or his/her designee and shall be available to Board members, district staff, students, parents/guardians, and community members. References: School Code – 24 P.S. Sec. 508, 801, 803 Board Policy – 000, 105.1 Page 1 of 1 No. 108AG1 Second Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 108AG1 GUIDELINES FOR TEXTBOOK AND CORE LEVEL NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION This administrative guideline only applies to the basic textbooks and core novel/non-fiction books proposed to be used by a class and/or teacher as the primary source of instruction or study. Definitions Basic textbook: A book identified as being the most relevant to the major portion of the content and objectives of a course of study. The textbook is intended to be used for a larger segment of time in the course than supplemental or reference textbooks. Core novel/nonfiction books: Required reading in the core curriculum. Initiation of Selection and Adoption Process The Board has delegated the proposal of basic textbooks and core novel/non-fiction book selections to the Superintendent and the Textbook and Core Novel/Non-Fiction Book Selection Committee (“TCNNF Selection Committee”). The process of basic textbook and core novel/nonfiction selection and adoption will parallel the curriculum cycle process. It may be initiated by a written request from supervisors, teachers, administrators, students, or parents/guardians. The written request shall be addressed to the Superintendent or his/her designee, and should state the book or books involved, the subject area, and the reason for request. The Superintendent or his/her designee shall make a determination, based on the merit of the request, whether the TCNNF Selection Committee shall be convened to review the need for a new book. TCNNF Selection Committee The Superintendent or his/her designee shall, when s/he deems appropriate, in his/her sole discretion, based upon written request, appoint a committee to review books in a specific subject area or grade, and to recommend adoption of books for that subject area or grade. The committee shall consist of twelve (12) members, which shall include six (6) teachers, one (1) building administrator, one (1) central office administrator, two (2) parents/guardians of students attending district schools, one (1) Board member, and one (1) community member. Selection of administrators, teachers, parents/guardians, and community members shall be based on the expertise of these individuals. The subject chairperson, whenever possible, shall be included in the committee. If possible, a college professor should be an additional member of the committee for the selection of high school books. Page 1 of 3 108AG1 GUIDELINES FOR TEXTBOOK AND CORE LEVEL NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION - Pg. 2 Second Reading All other Board members shall be notified of TCNNF Selection Committee meetings, and may attend in a non-voting capacity. Procedure of TCNNF Selection Committee Meetings Whenever possible, TCNNF Selection Committee meetings should be scheduled for afternoons only to minimize teacher absence from class. Committee members shall receive the books under consideration at least a week in advance of the meeting. Selection Criteria The primary criteria for selection for basic textbooks and core novel/non-fiction books shall be the curriculum objectives of the district, and the Commonwealth, to include, but not be limited to: The needs of all learners Materials representative of ethnic, cultural, and religious heritages Social and vocational roles available to both sexes Conflicting points of view of the problems and issues of our time Adequate coverage of historical developments which continue to affect mankind Online supplemental resources Cost of books and materials Criteria for selection of novels/non-fiction books include: Relationship to the curriculum Themes Quality of the pieces of literature Interest level Level of difficulty Approach to instruction Teaching materials to be used Recommendations from organizations and/or awards such as: American Library Association Best Books for Young Adults Language Arts magazine The Reading Teacher American Book Awards PA Young Reader’s Choice Award Scott O’Dell Award Coretta Scott King Award PA Library Association The English Journal Newberry Medal Awards Journal of Reading Booklist Editor’s Choice Report of the TCNNF Selection Committee Page 2 of 3 108AG1 GUIDELINES FOR TEXTBOOK AND CORE LEVEL NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION - Pg. 3 Second Reading The TCNNF Selection Committee shall select for review a reasonable number of appropriate books. The report of the Committee shall be made by return of the completed form 108AG2 to the Superintendent or his/her designee. Adoption Process If the Superintendent approves the report, the report and copies of the books will be forwarded to the Education Committee as the Superintendent’s recommendation. The Education Committee shall present the report to the full Board for consideration with its own recommendation of action. The Superintendent or his/her designee, or the Education Committee may decide, during review, to send the report back to the TCNNF Selection Committee with specific recommendations for further consideration. The Board may vote to formally adopt the report and recommendations in accordance with Board policy and the School Code. The Board may decide that the report and recommendations be returned to the TCNNF Selection Committee with specific recommendations, or may instruct the Superintendent or his/her designee to form a new committee. Inquiry Formal inquiry regarding selection of any particular basic textbook or core novel/nonfiction book by the general public may be made by following 906AG2- Guidelines for Complaints about Instructional Materials and completing 906AG3-Complaints About Instructional Materials Form. Page 3 of 3 No. 108AG2 Second Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 108AG2 - TEXTBOOK AND CORE NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION FORM Committee Members: Textbook or Core Novel/Non-Fiction Considered: Board Members in Attendance: Book Being Recommended: Title: Author: Publisher: Latest Revision: List Price: Copyright Date: Book Being Recommended: Recommended for subject(s): Grade(s): Recommended for students with high, average, low reading ability: Results of Committee Voting: ____ Affirmative Comments: ____ Negative Comments: Page 1 of 4 108AG2 - TEXTBOOK AND CORE NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION FORM - Pg. 2 Second Reading Below is the composite evaluation of the recommended book by the TCNNF Selection and Adoption Committee. An explanation of the terms used follows the evaluation checklist. CONTENT AND METHOD EXC. GOOD FAIR POOR N/A 1. Contribution to intelligent critical thinking 2. Appeal to students 3. Relation to course of study 4. Culturally appropriate 5. Sexually unbiased 6. Historic relevance 7. Organization (Check each item) a. Arrangement (fill in arrangement used) b. Development of ideas c. Paragraph and sentence structure d. Chapter and marginal headings e. Summaries f. Provisions for reviews g. Drills and tests h. Aids i. Table of contents j. Suggestions to teachers and pupils k. Index l. Bibliography m. Appendix 8. Style of writing 9. Vocabulary PHYSICAL FEATURES 1. General attractiveness 2. Size of book 3. Paper 4. Type 5. Binding a. Durability b. Color_and_design 6. Page arrangement 7. Illustrations and maps 8. Online resources 9. Cost of book(s) Page 2 of 4 108AG2 - TEXTBOOK AND CORE NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION FORM - Pg. 3 Second Reading CONTENT AND METHOD 1. Contribution to intelligent critical thinking: Ideas are significant for college and career readiness. society. Data Information is accurate, adequate and stimulating, demonstrating conflicting presents varying points of view. of the problems and issues of our time. 2. Appeal to students: Content good is appropriate for the age, interests, and experiences of the students. 3. Relation to course of study: Helpful and complete in realizing the objectives as stated in course; considers the needs of all learners. 4. Culturally appropriate: Materials representative of ethnic, cultural, and religious heritage. 5. Sexually unbiased: The social and vocational roles available to both sexes are adequately presented. 6. Historic relevance: Adequate coverage of historic developments which continue to affect mankind, such as the Holocaust. 7. Organization a. Arrangement: Content well organized. Some definite arrangement consistently followed; i.e., chronological sequence, topics, problems units, or story. b. Development of ideas: Procedure and content consistent with and adequate for organization followed. c. Paragraph and sentence structure: Paragraphs well organized. Topic sentences well stated. Sentences direct, clear, and easy to understand. Transitions adequate. d. Chapter and marginal headings: Headings and content consistent, each contributing to the understanding of the other. e. Summaries: Summaries well organized and clearly stated. f. Provision for reviews: Need for re-view of material indicated. Review varied and challenging. g. Drills and tests: Worthwhile purposes and interesting procedure suggested. Ample check and test exercises given. h. Aids: Helpful maps, charts, diagrams, pictures, and vocabulary aids well organized for reference. i. Table of contents: Organization clear. j. Suggestions to pupils and teachers: Suggestions for use of book in accord with an acceptable educational philosophy. Stimulating to good thinking and desirable outcomes. k. Index: Important items carefully and adequately indexed. l. Bibliography: Additional related materials listed with sources give. m. Appendix: Pertinent information given. Well organized. 8. Style: Diction simple, direct, clear, pleasing, and of high standard. Detail vivid. 9. Vocabulary: Choice and variety of words satisfactory. New vocabulary not too difficult, but challenging and helpful. 10. Online resources. PHYSICAL FEATURES 1. General attractiveness: Book appealing. 2. Size of book: Size appropriate for age level of students and intended use. 3. Paper: Good stock, opaque and smooth, without glossy finish. Page 3 of 4 108AG2 - TEXTBOOK AND CORE NOVEL/NON-FICTION BOOK SELECTION AND ADOPTION FORM - Pg. 4 Second Reading 4. Type: Point type approved for age of pupil and also approved leading between lines. Pleasing open pages. 5. Binding: Binding firm and durable. Cover serviceable and pleasing in color and design. 6. Page arrangement: Good page layout. Pleasing balance in print and in illustrations. 7. Illustrations: Artistic in arrangement and color. Convey accurate ideas. (Any other points of special merit or omissions may be given on a separate and attached page.) Reviewed by: ______Date:______Approved:____ Disapproved: ____ Return to ______Committee ______Superintendent ______Education Committee Final Board Action: Page 4 of 4 No. 109.1 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: SCHOOL LIBRARIES AREA ADOPTED: SCHOOL DISTRICT REVISED: 109.1. SCHOOL LIBRARIES 1. Purpose School libraries shall be established for the purpose of promoting the cultural, social, ethical, and educational development of students and providing suitable and appropriate materials which extend and deepen the experiences encompassed in the curriculum. These objectives shall be fulfilled through the provision and maintenance of expertly selected books and other resource materials which contribute to the growth of the individual student. 2. Delegation of District library staff shall administer library services and maintain the Responsibility library/media centers for district schools. Page 1 of 1 WEST CHESTER No. 109.1AG1 Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT APPROVED: REVISED: 109.1AG1 SCHOOL LIBRARIES School libraries are concerned with generating understanding of American freedoms and with the preservation of these freedoms through the development of informed and responsible citizens. To this end, the American Association of School Librarians reaffirms the Library Bill of Rights of the American Library Association and asserts that the responsibility of the school library is: • To provide materials that will enrich and support the curriculum, taking into consideration the varied interests, abilities, and maturity levels of the pupils served. • To provide materials that will stimulate growth in factual knowledge, literary appreciation, aesthetic values, and ethical standards. • To provide a background of information which will enable pupils to make intelligent judgments in their daily life. • To provide materials on opposing sides of controversial issues so that young citizens may develop under guidance the practice of critical reading and thinking. • To provide materials representative of the many religious, ethnic, and cultural groups, and their contributions to our American heritage. • To place principle above personal opinion and reason above prejudice in the selection of materials of the highest quality in order to assure a comprehensive collection appropriate for the users of the library. SOURCE: The Council of the American Library Association Page 1 of 1 No. 113 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: SPECIAL EDUCATION AREA ADOPTED: SCHOOL DISTRICT REVISED: 113 SPECIAL EDUCATION 1. Purpose To incorporate by reference and adopt as the policy of the District the requirements of the Individuals with Disabilities Education Act and its implementing regulation, Section 504 of the Rehabilitation Act of 1973 and its implementing regulation, the Americans with Disabilities Act and its implementing regulation, and Chapter 14 of the regulations of the Pennsylvania State Board of Education as they pertain to school districts or local educational agencies. 2. Incorporation and adoption of laws and The policy of the West Chester Area School District is to adhere to and implement regulations faithfully for all resident children with disabilities and their families all of the requirements of the Individuals with Disabilities Education Act and its implementing 20 U.S.C. §§ 1400 et regulation, Section 504 of the Rehabilitation Act of 1973 and its implementing seq.; 29 U.S.C. § 794; regulation, the Americans with Disabilities Act and its implementing regulation, and 42 U.S.C. §§ 12181 Chapter 14 of the regulations of the Pennsylvania State Board of Education as they et seq.; 34 C.F.R. pertain to school districts or local educational agencies. The applicable requirements Parts 104 and 300; 28 of these laws and regulations are incorporated by reference herein. The Superintendent C.F.R. Part 36; 22 Pa. shall ensure that training of sufficient scope and regularity is provided to all staff to Code Chapt. 14 ensure that staff are familiar with the requirements of these laws and regulations to the extent pertinent to their positions and understand that faithful adherence to and implementation of these requirements is an essential function of their respective positions. 3. Discrimination The West Chester Area School District shall not discriminate against any otherwise prohibited qualified individual on the basis of disability in the implementation or operation of any of its programs, activities, or facilities. The Superintendent shall designate an 34 C.F.R. § 104.7 administrator who shall hear and investigate complaints concerning incidents of disability-based discrimination and shall cause the annual publication of the title and contact information for such administrator on the District Website and in at least one other medium in general circulation within the community. The Superintendent shall also ensure that such administrator adopts and implements a grievance procedure that affords complainants appropriate due process and a prompt resolution of complaints alleging discrimination. Page 1 of 1 No. 113.1 WEST CHESTER Second Reading AREA SECTION: PROGRAMS SCHOOL DISTRICT TITLE: DISCIPLINE OF STUDENTS WITH DISABILITIES ADOPTED: REVISED: 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES 1. Purpose The district shall develop and implement positive Behavior Support Plans and Title 22 programs for students with disabilities who require specific interventions to address Sec. 14.133 behaviors that interfere with learning. Pol. 113, 113.2 Title 22 Students with disabilities who violate the Code of Student Conduct/Disciplinary Sec. 14.133, Action Schedule, or engage in inappropriate behavior, disruptive or prohibited 14.143 activities and/or actions injurious to themselves or others, which would typically 34 CFR result in corrective action or discipline of students without disabilities, shall be Sec. 300.530 disciplined in accordance with state and federal laws and regulations and Board Pol. 218, 233 policy and, if applicable, their Individualized Education Program (IEP) and Behavior Support Plan. 2. Definitions Students with disabilities - school-aged children within the jurisdiction of the Pol. 113 district who have been evaluated and found to have one or more disabilities as defined by law, and who require, because of such disabilities, special education and related services. Title 22 Suspensions from school - disciplinary exclusions from school for a period of one Sec. 12.6 (1) to ten (10) consecutive school days. Pol. 233 Title 22 Expulsions from school - disciplinary exclusions from school by the Board for a Sec. 12.6 period exceeding ten (10) consecutive school days and may include permanent Pol. 233 exclusion from school. 20 U.S.C. Interim alternative educational settings - removal of a student with a disability Sec. 1415(k) from his/her current placement. Interim alternative educational settings may be used 34 CFR by school personnel for up to forty-five (45) school days for certain infractions Sec. 300.530(g) committed by students with disabilities. The IEP team shall determine the interim alternative educational setting; however, this does not constitute a change in placement for a student with a disability. Page 1 of 6 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 2 Second Reading 3. Authority The Board directs that the district shall comply with provisions and procedural Title 22 safeguards of the Individuals With Disabilities Education Act (IDEA) and federal Sec. 14.143 and state regulations when disciplining students with disabilities for violations of 20 U.S.C. Board policy or district rules or regulations. No student with a disability shall be Sec. 1415(k) subjected to a disciplinary change in placement if the student’s particular misconduct 34 CFR is a manifestation of his/her disability. However, under certain circumstances a Sec. 300.530 student with a disability may be placed in an interim alternative educational setting by school personnel or the IEP team could, if appropriate, change the student’s educational placement to one which is more restrictive than the placement where the misconduct occurred. Provision Of Education During Disciplinary Exclusions Title 22 During any period of expulsion, or suspension from school for more than ten (10) Sec. 12.6(e) cumulative days in a year, or placement in an interim alternative educational setting 20 U.S.C. for disciplinary reasons, a student with a disability shall continue to receive a free and Sec. 1412(a) appropriate education, in accordance with law. 34 CFR Sec. 300.530(b), (d) 4. Guidelines Suspension From School Title 22 A student with a disability may be suspended for ten (10) consecutive and fifteen (15) Sec. 12.6, 14.143 non-consecutive, cumulative days of school per school year, for the same reasons 20 U.S.C. and duration as a student without a disability. Such suspension shall not constitute a Sec. 1415(k) change in the student’s educational placement. 34 CFR Sec. 300.530, 300.536 Changes In Educational Placement/Manifestation Determinations Title 22 For disciplinary exclusions which constitute a change in educational placement, the Sec. 14.143 district shall first determine whether the student’s behavior is a manifestation of 34 CFR his/her disability. Expulsion, or exclusion from school for more than fifteen (15) Sec. 300.530 cumulative days in a year, or patterns of suspensions for substantially identical behaviors constitute changes in educational placements requiring a manifestation determination. For students with intellectual disability, any disciplinary suspension or expulsion is a change in educational placement. Page 2 of 6 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 3 Second Reading Title 22 A student with a disability whose behavior is not a manifestation of his/her disability Sec. 14.143 may be disciplined in accordance with Board policy, and district rules and 34 CFR regulations in the same manner and to the same extent as students without disabilities. Sec. 300.530(c) Pol. 218, 233 Parent/Guardian Appeals From Disciplinary Actions/Request For Hearing By District For Students Who Are A Danger To Themselves Or Others 20 U.S.C. A due process hearing may be requested by a parent/guardian of a student with a Sec. 1415(k) disability who disagrees with a disciplinary placement or manifestation 34 CFR determination, or by the district if the district believes that the current placement is Sec. 300.532 substantially likely to result in injury to the student or others. On parent/guardian appeal, or when the district requests a due process hearing, the hearing officer may return the student to the placement from which s/he was removed or order his/her removal to an appropriate interim alternative educational setting for up to forty-five (45) school days if the hearing officer determines that maintaining the child’s current placement is substantially likely to result in an injury to the student or others. 20 U.S.C. Placement during appeals of disciplinary actions shall be in the interim alternative Sec. 1415(k) educational setting pending the decision of the hearing officer or expiration of the 34 CFR time period set for the disciplinary exclusion from the student’s regular placement Sec. 300.533 unless the district and the parent/guardian agree otherwise. Students Not Identified As Disabled/Pending Evaluation 20 U.S.C. Students who have not been identified as disabled may be subject to the same Sec. 1415(k) disciplinary measures applied to students without disabilities if the district did not 34 CFR have knowledge of the disability. If a request for evaluation is made during the period Sec. 300.534 the student is subject to disciplinary measures, the evaluation shall be expedited. Absent a danger, student placement remains in place until evaluation is complete. Administrative Removal To Interim Alternative Educational Setting For Certain Infractions 20 U.S.C. School personnel may remove a student with a disability, including intellectual Sec. 1415(k) disability, to an interim alternative educational setting for not more than forty-five 34 CFR (45) school days without regard to whether the behavior is determined to be a Sec. 300.530(g) manifestation of the student’s disability if the student: Page 3 of 6 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 4 Second Reading 18 U.S.C. 1. Carries a weapon to or possesses a weapon at school, on school property, or at Sec. 930 school functions under the jurisdiction of the district. For purposes of this 20 U.S.C. provision, weapon is defined as a weapon, device, instrument, material, or Sec. 1415(k) substance, animate or inanimate, that is used for, or is readily capable of, causing 34 CFR death or serious bodily injury, except that such term does not include a pocket Sec. 300.530(i) knife with a blade of less than two and one-half (2 ½) inches in length. Pol. 218.1 20 U.S.C. 2. Knowingly possesses or uses illegal drugs, as defined by law, or sells or solicits Sec. 1415(k) the sale of a controlled substance, as defined by law, while at school, on school 21 U.S.C. property, or at school functions under the jurisdiction of the district. Sec. 812(c) 34 CFR Sec. 300.530(i) Pol. 227 18 U.S.C. 3. Has inflicted serious bodily injury upon another person while at school, on school Sec. 1365(h)(3) property, or at school functions under the jurisdiction of the district. For purposes 20 U.S.C. of this provision, serious bodily injury means bodily injury which involves a Sec. 1415(k) substantial risk of death, extreme physical pain, protracted and obvious 34 CFR disfigurement, or protracted loss or impairment of the function of a bodily Sec. 300.530(i) member, organ, or mental faculty. Referral To Law Enforcement And Reporting Requirements SC 1303-A For reporting purposes, the term incident shall mean an instance involving an act of Title 22 violence; the possession of a weapon; the possession, use, or sale of a controlled Sec. 10.2 substance or drug paraphernalia as defined in the Pennsylvania Controlled Substance, 35 P.S. Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or tobacco; or Sec. 780-102 conduct that constitutes an offense listed under the Safe Schools Act. SC 1302.1-A The Superintendent or designee shall immediately report required incidents and may Title 22 report discretionary incidents committed on school property, at any school-sponsored Sec. 10.2, 10.21, activity, or on a conveyance providing transportation to or from a school or school- 10.22, sponsored activity by a student with a disability, including a student for whom an 10.23, evaluation is pending, to the local police department that has jurisdiction over the Page 4 of 6 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 5 Second Reading 10.25, school’s property, in accordance with state and federal laws and regulations, the 14.104, procedures set forth in the memorandum of understanding with local law 14.133 enforcement, and Board policies. The Superintendent or designee shall respond to 20 U.S.C. such incidents in accordance with the district’s Special Education Plan and, if Sec. 1415(k) applicable, the procedures, methods, and techniques defined in the student’s Behavior 34 CFR Support Plan. Sec. 300.535 Pol. 103.1, 113, 113.2, 113.3, 218, 218.1, 218.2, 222, 227, 805.1 Title 22 For a student with a disability who does not have a Behavior Support Plan, Sec. 10.23, subsequent to notification to law enforcement, the district shall convene the student’s 14.133 IEP team to consider whether a Behavior Support Plan should be developed to Pol. 113.2, 113.3 address the student’s behavior, in accordance with law, regulations, and Board policies. Title 22 When reporting an incident committed by a student with a disability to the Sec. 10.2, 10.21, appropriate authorities, the district shall provide the information required by state and 10.22, 10.23 federal laws and regulations and shall ensure that copies of the special education and 20 U.S.C. disciplinary records of the student are transmitted for consideration by these Sec. 1415(k)(6) authorities. The district shall transmit copies of the student’s special education and 34 CFR disciplinary records only to the extent that the transmission is permitted by the Family Sec. 300.535 Educational Rights and Privacy Act. Pol. 113.4, 216, 805.1 SC 1303-A In accordance with state law, the Superintendent shall annually, by July 31, report to Pol. 805.1 the Office for Safe Schools on the required form all new incidents committed by 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. References: School Code – 24 P.S. Sec. 510, 1302.1-A, 1303-A Page 5 of 6 113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 6 Second Reading PA Controlled Substance, Drug, Device and Cosmetic Act – 35 P.S. Sec. 780-102 State Board of Education Regulations – 22 PA Code Sec. 10.2, 10.21, 10.22, 10.23, 10.25, 12.6, 14.104, 14.133, 14.143 Crimes Code, Possession of Firearms and Dangerous Weapons – 18 U.S.C. Sec. 930 Crimes Code, Definition, Serious Bodily Injury – 18 U.S.C. Sec. 1365(h)(3) Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. Controlled Substances Act – 21 U.S.C. Sec. 812 Individuals With Disabilities Education Act, Title 34, Code of Federal Regulations – 34 CFR Part 300 Board Policy – 103.1, 113, 113.2, 113.3, 113.4, 113.5, 113.6, 216, 218, 218.1, 218.2, 222, 227, 233, 805.1 Page 6 of 6 No. 113.2 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: BEHAVIOR INTERVENTION FOR STUDENTS WITH AREA DISABILITIES SCHOOL DISTRICT ADOPTED: REVISED: 113.2 BEHAVIOR INTERVENTION Purpose To ensure compliance with the requirements of Chapter 14 of the regulations of the 22 Pa. Code § 14.133 Pennsylvania State Board of Education governing behavior interventions and the use of restraint with students identified with disabilities. 1. General Policy 1.0 General Policy. The following principles shall govern the use of and Definitions behavior supports and interventions for children with disabilities: 1.0.1 Positive, rather than negative, measures must form the basis of behavior support programs to ensure that all students shall be free from demeaning treatment, the use of aversive techniques, and the unreasonable use of restraints. 1.0.2 Behavior support programs and plans must be based on a functional assessment of behavior and use positive behavior techniques; 1.0.3 Behavior support programs must include research-based practices and techniques to develop and maintain skills that will enhance an individual student’s opportunity for learning and self-fulfillment; 1.0.4 When an intervention is needed to address problem behavior, the types of intervention chosen for a particular student shall be the least intrusive necessary; 1.0.5 The use of restraints is considered a measure of last resort, only to be used after other less restrictive measures, including de-escalation techniques; 1.0.6 Nothing in this policy shall be construed to require the development of a separate behavior support or intervention plan when appropriate positive behavioral interventions, strategies, and supports, consistent with the requirements of this policy, can be incorporated into body of the IEP. 1.1 Special Definitions. As used in this policy, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise: Page 1 of 5 BEHAVIOR INTERVENTION FOR STUDENTS WITH DISABILITIES - Pg. 2 Second Reading 1.1.1 Aversive techniques—Deliberate activities designed to establish a negative association with a specific behavior; 1.1.2 Behavior support—The development, change, and maintenance of selected behaviors through the systematic application of behavior change techniques; 1.1.3 Positive behavior support plans—A plan for students with disabilities who require specific intervention to address behavior that interferes with learning. A positive behavior support plan shall be developed by the IEP team, be based on a functional behavior assessment, and become part of the individual student’s IEP. These plans must include methods that use positive reinforcement and other positive techniques to shape the behavior of the child with disabilities, ranging from the use of positive verbal statements as a reward for good behavior to specific tangible rewards. 1.1.4 Restraints—The application of physical force, with or without the use of any device, for the purpose of restraining the free movement of a student’s body, excluding the following— (a) Briefly holding a student, without force, to calm or comfort him or her; (b) Guiding a student to an appropriate activity; (c) Holding a student’s hand to escort him or her safely from one area to another; (d) Hand-over-hand assistance with feeding or task completion; (e) Techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatment, as agreed to by the student’s parents and specified in the IEP; (f) Mechanical restraints governed by Section 2.3 of this policy, such as devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets used for balance and safety, safety harnesses in buses, and functional positioning devices. 2. Specific 2.1 Use of Physical Restraints Other than Mechanical Restraints. Restraints Limitations and to control acute or episodic aggressive or self-injurious behavior may be used only Requirements when the student is acting in a manner as to be a clear and present danger to himself, to other students, or to employees, and only when less restrictive measures and techniques have proven to be or are less effective. The Director of Special Education or his or her designee shall notify the parent as soon as practicable of the use of restraint to control the aggressive behavior of his or her child and shall convene a Page 2 of 5 BEHAVIOR INTERVENTION FOR STUDENTS WITH DISABILITIES - Pg. 3 Second Reading meeting of the IEP team within ten (10) school days of the inappropriate behavior causing the use of restraints, unless the parent, after written notice, agrees in writing to waive the meeting. At this meeting, the IEP team shall consider whether the student needs a functional behavioral assessment, reevaluation, a new or revised positive behavior support plan, or a change of placement to address the inappropriate behavior. 2.1.1 Whenever the use of restraint to control acute or episodic aggressive or self-injurious behavior can be reasonably anticipated for a particular student, the District shall make every an effort to obtain prior parent consent for such use. Inclusion of such restraints in the IEP of the student, when the parents have received appropriate prior written notice of that IEP, shall constitute sufficient evidence of parent consent for purposes of this policy. In the event that the need to use restraint cannot be reasonably anticipated for a particular student, or the parents refuse to provide consent therefor, appropriately trained staff may use such restraint when the student is acting in a manner that constitutes a clear and present danger to himself, to other students, or to employees. 2.2 The use of restraints may only be included in a student’s IEP under the following conditions— 2.2.1 The restraint is used in conjunction with specific components of positive behavior support; 2.2.2 The restraint is used in conjunction with the teaching of socially acceptable alternative skills to replace problem behavior; 2.2.3 Staff are authorized, and have received all training required, to use the specific procedure; 2.2.4 The positive behavior support plan of the student includes a plan for eliminating the use of restraint through the application of positive behavior support. 2.2.5 The use of restraints are not included in the IEP for the convenience of staff, as a substitute for an educational program, or to be employed as punishment. 2.3 Use of Mechanical Restraints. Except in an emergency, or otherwise provided herein, mMechanical restraints, which are used to control involuntary movement or lack of muscular control of students when due to organic causes or conditions, may be employed only when specified by an IEP and as determined by a medical professional qualified to make the determination, and as agreed to by the student’s parents. Mechanical restraints shall prevent a student from injuring himself or others or promote normative body positioning and physical functioning. Page 3 of 5 BEHAVIOR INTERVENTION FOR STUDENTS WITH DISABILITIES - Pg. 4 Second Reading 2.4 Proscription of Certain Aversive Techniques. The following aversive techniques for addressing behavior are inappropriate and may not be used in educational programs— 2.4.1 Corporal punishment; 2.4.2 Punishment for a manifestation of a child’s disability; 2.4.3 Locked rooms, locked boxes, or other locked structures or spaces from which the child cannot readily exit; 2.4.4 Noxious substances; 2.4.5 Deprivation of basic human rights, such as withholding meals, water, or fresh air; 2.4.6 Suspensions constituting a pattern as defined in Section 14.143(a) of the regulations of the State Board of Education, 22 Pa Code § 14.143(a), and any successor regulation; 2.4.7 Treatment of a reasonably demeaning nature; 2.4.8 Electric shock; 2.4.9 The use of prone restraints, which are those by which a student is held face down on the floor. 2.5 Reporting and Monitoring. The Superintendent or his or her designee shall maintain and report data on the use of restraints in a manner prescribed by the Secretary of Education of the Commonwealth of Pennsylvania. Such report shall be readily available for review during cyclical compliance monitoring conducted by the Pennsylvania Department of Education. 2.6 Referral to Law Enforcement. Subsequent to a referral to law enforcement, an updated functional behavior assessment and positive behavior support plan shall be required for students with disabilities who have positive behavior support plans at the time of such referral. If, as a result of such referral, the student is detained or otherwise placed in a residential setting located outside the District, the Director of Special Education or his or her designee shall ensure that the responsible school district or intermediate unit is informed of the need to update the functional behavioral assessment and the positive behavior support plan of the student. 3. Training 3.0 Regular Program of Training. The Superintendent or his or her designee shall provide for the regular training and re-training, as needed, of personnel Page 4 of 5 BEHAVIOR INTERVENTION FOR STUDENTS WITH DISABILITIES - Pg. 5 Second Reading in the use of specific procedures, methods, and techniques, including restraints, that those personnel will be expected to employ in the implementation of positive behavior supports or interventions in accordance with the IEP of the child and this policy. Page 5 of 5 No. 113.3 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: SPECIAL EDUCATION EVALUATIONS AND AREA INDEPENDENT EDUCATIONAL EVALUATIONS AT PUBLIC SCHOOL DISTRICT EXPENSE ADOPTED: REVISED: 113.3 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS 1. Purpose To define the minimum requirements for educational evaluations and reevaluations for special education eligibility and IEP development, and to establish the requirements for independent educational evaluations (“IEE”) at public expense in accordance with 34 C.F.R. § 300.502. 2. Appropriate 2.1 An appropriate evaluation or reevaluation, whether conducted by School Evaluation Defined District staff or persons not employed by the School District, shall consist of the administration of all testing and other assessment procedures required. : iIn the case of an initial evaluation, to determine if the child is a child with a disability and who, by reason thereof, needs special education and related services under 34 C.F.R. § 300.8, to determine the educational needs of the child, and that may assist in determining the content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (34 C.F.R. §§ 300.301(c) and 304(b)(1));.and iIn the case of a reevaluation, to determine if the child is a child with a disability and who, by reason thereof, needs special education and related services under 34 C.F.R. § 300.8, and that may assist in determining the content of the child's IEP, including information related to enabling the child to be involved in and progress in the general education curriculum (34 C.F.R. § 300.304(b)(1)). 2.2 The evaluator shall review all previous evaluations, prior instructional assessments, and, if a reevaluation, the current IEP and the current and previous school year’s progress reports prior to conducting testing and assessment. To the extent that the results of such reviewed instructional assessments are inconsistent with the results of norm- or criterion-referenced testing and assessments that the evaluator has administered, the evaluator shall explain in his or her report, if possible, the reason for the inconsistency. 2.3 Testing and assessment procedures shall be selected and administered to yield valid measurement or assessment of the construct or quality each purports to measure or assess. The evaluator shall administer tests and assessments in a manner consistent with the requirements and recommendations of the publisher of the test or assessment, if any, as well as in compliance with Page 1 of 6 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS - Pg. 2 Second Reading applicable and authoritatively recognized professional principles and ethical tenets, and shall report any factor that might affect the validity of any results obtained. 2.4 The evaluation shall include an observation of the student in an educational setting, unless the student is not then in such a setting, and the evaluator shall obtain information concerning the performance of the student directly from at least one current teacher of the child, unless the child does not have a current teacher. 2.5 The evaluator shall hold an active certification from the Pennsylvania Department of Education that qualifies the evaluator to conduct the type of evaluation that he or she is conducting of the student. If certification from the Pennsylvania Department of Education is not issued for the particular area of professional practice in which the evaluator is otherwise lawfully engaged, the evaluator shall hold such license or other credentialing as is required for the area of professional practice under Pennsylvania law or a recognized professional association. 2.6 The evaluator shall prepare and sign a full report of the evaluation containing (a) a clear explanation of the testing and assessment results; (b) a complete summary of all test scores, including, for all standardized testing administered, all applicable full scale or battery scores, domain or composite scores, and subtest scores reported in standard, scaled, or T-score format; (c) a complete summary of all information obtained or reviewed from sources other than testing conducted by the evaluator; and (d) specific recommendations for educational programming and, if possible, placement. 2.7 Evaluators are expected to adhere to high ethical and professional standards. 2.7.1. Evaluators shall use appropriate, sound, and independent professional judgment in conducting evaluations, analyzing information, and identifying recommendations. 2.7.2. The existence of actual or the appearance of possible conflicts of interests raises intrinsic questions of trust and doubt in the evaluation process. During the course of an evaluation or reevaluation, evaluators are to disclose to and inform the parents and School District officials of any actual or possible conflict of interest, or of circumstances that reasonably give the appearance of a conflict of interest, such as, by way of example: a familial relationship with the Student’s family, school officials, or the parties’ attorneys (if applicable); or a financial interest, either directly or indirectly through relatives, of any recommended service. Page 2 of 6 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS - Pg. 3 Second Reading 3. Independent 3.1 A parent who disagrees with an evaluation or reevaluation performed or Educational obtained by the School District may request an independent educational Evaluations at evaluation (“IEE”) at public expense. If the request is received verbally, the Public Expense staff member who receives the request shall immediately inform the parent that the request must be in writing. If the native language of the parent is other than English, the requirement that the parent make his or her request in writing shall be conveyed by whatever means practicable in the native language of the parent. A written request for an IEE at public expense shall be immediately forwarded to the responsible School District administrator. 3.2 The responsible School District administrator may, upon receipt of the request for an IEE at public expense, request that the parent state his or her reasons for disagreement with the evaluation conducted or proposed by the School District, but may not require the parents to do so, and the refusal of the parent to do so shall not delay the applicable processes required by this Section. 3.3 Without unnecessary delay after receiving a request for an IEE at public expense in writing from a parent, the responsible School District administrator shall either— 3.3.1 Initiate a due process hearing and notify the parent in writing that he or she has done so; or 3.3.2 Issue correspondence to the parents that: confirms parents’ request for an IEE at public expense; confirms School District agreement to the IEE; identifies the applicable, reasonable financial cap and the process to obtain an exception; clarifies that the School District will be responsible only for assessment and recommendations that are educationally relevant; clarifies that payment will be made only upon receipt of a full, unredacted, signed copy of the IEE report and a billing statement from the independent evaluator; includes a copy of this Policy; and includes an appropriate form to allow consent to disclose school records and the IEE report. If an IEE has already been conducted, the correspondence shall also advise the parent that the School district will not reimburse the parent for the IEE until it: receives a complete and unredacted copy of the IEE report; determines that the IEE meets all of the requirements of this Policy; and receives sufficient documentation substantiating that the parents paid or incurred the obligation to pay for the evaluation without reimbursement from a public or private source of insurance or other reimbursement. Page 3 of 6 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS - Pg. 4 Second Reading The responsible School District administrator shall send the correspondence to the parent by certified mail or by other independently verifiable means of conveyance. 3.4 For each evaluation or reevaluation report completed by the School District with which the parent timely disagrees, parent may request one IEE at public expense. The School District will not accept financial responsibility for more than one evaluator conducting an IEE at public expense. 3.5 Parent must express any disagreement with a School District evaluation or reevaluation within 12 months of the date the report of the evaluation or reevaluation was provided to parent. A request for an IEE at public expense that is made more than 12 months from the date on which the report of the most recent School District evaluation or reevaluation was provided to the parent shall not be sufficient to constitute a disagreement with such evaluation or reevaluation. A refusal to pay for an IEE requested more than 12 months after the date of the report of the School District evaluation or reevaluation shall be treated as a refusal to pay for the requested IEE. subject to the provisions of subsection 3.3.1 of this Policy. 3.6 An IEE at public expense must fulfill the same purposes and meet the same criteria as apply to School District evaluations and reevaluations, as described in Section 2 of this policy. Activities not related to identifying the student under special education criteria or not related to assisting the IEP Team with educational program development are not properly within the scope of an IEE at public expense. 3.7 There is no privacy expectation in any activity related to an IEE at public expense. The School District will not accept financial responsibility for activities from which the School District is excluded, or for testing, analyses, or recommendations not shared with the School District. 3.8 The School District will not accept financial responsibility for an IEE unless parent provides consent for the School District and the evaluator to disclose records and exchange information, including the IEE report. 3.9 Whether the student is a child with a disability and whether the child is in need of special education and related services is to be determined by a multidisciplinary team, including parents, assigned by the School District for that purpose. 3.10 If the independent evaluator recommends obtaining additional data or assessments, and the IEP Team agrees with the recommendation, or if, upon consideration of the IEE report the IEP Team concludes that additional evaluation is needed, the School District shall issue a permission to evaluate or Page 4 of 6 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS - Pg. 5 Second Reading reevaluate form to the parent to obtain consent to conduct the necessary assessments. 3.11 The School District administrator designated by the Superintendent shall maintain a non-exhaustive list of qualified IEE providers within the geographic or market area of the School District in each of the various disciplines commonly relied upon for educational program development and shall make that list available promptly to any parent who requests it. 3.12 The School District administrator designated by the Superintendent shall periodically survey the cost of obtaining various private educational evaluations within the relevant geographic or market area of the School District and determine the average prevailing cost for an IEE at public expense. The School District will not, without prior approval, assume financial responsibility for IEE costs above the prevailing cost for the type of IEE requested. To obtain approval for costs above the prevailing cost, the parent or IEE provider must make a request to the responsible School District administrator for a specific dollar amount and provide substantiating reasons supporting the need to exceed the prevailing cost. In determining whether to allow or disallow the request or to offer some other additional payment amount and terms, the responsible School District administrator shall consider the (a) dollar amount requested; (b) the educational relevance of the proposed testing and assessments; (c) whether proposed tests and assessments are overly redundant; (d) the child-specific need for assessments not typically administered to children of the same age, language background, and disability or suspected disability category; (e) the volume of existing information that the evaluator must review to comply with the requirements of this Policy; and (f) the unique behavioral, social, sensory, or language limitations of the child that might affect the nature or time-intensity of testing and assessment. If the responsible administrator and the parents or evaluator are unable to agree upon the cost of a proposed IEE, the failure to agree shall be treated as a refusal to pay for the requested IEE. subject to the provisions of subsection 3.3.1 of this Policy. 3.13 At any time, the School District and parent may agree for the School District to contract with a mutually agreeable independent, private evaluator to conduct a reevaluation. 4. Definitions 4.0 Unless the context shows otherwise, the term IEE or IEE at public expense means an evaluation not conducted by or for the School District, conducted in accordance with this Policy and federal regulations, and paid for by the School District whether by reimbursement to parent after the evaluation is completed or by direct payment to the evaluator under contractual terms with the School District. The term IEE can also mean a private evaluation not conducted or paid for by the School District. Page 5 of 6 SPECIAL EDUCATION EVALUATIONS AND INDEPENDENT EDUCATIONAL EVALUATIONS - Pg. 6 Second Reading 5. Authority 34 C.F.R. §§ 300.502(relating to independent educational evaluations); 300.301(c)(2) (relating to initial evaluations); 300.304(b) (relating to evaluation procedures); 300.304(c)(1)-(4) (relating to other evaluation procedures); 300.304(c)(6)-(7) (relating to identifying needs); 300.305(a)(1)(i)-(ii) (relating to review of existing data); 300.305(a)(2) (relating to identification of needed additional data); 300.306(b) (relating to special rule for eligibility); 300.306(c)(i)-(ii) (relating to procedures for determining eligibility and educational need); 307(b) (relating to consistency with State criteria); 300.310 (relating to observation); 300.309 and 300.311(a)(1)-(7)(i); 300.305(a)(2); 22 Pa. Code §§ 14.123(b) and 14.124(b) (relating to time line); and 14.125 (relating to specific learning disability). Page 6 of 6 No. 113.4 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: CONFIDENTIALITY OF AREA SPECIAL EDUCATION STUDENT INFORMATION SCHOOL DISTRICT ADOPTED: REVISED: 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION 1. Authority The Board recognizes the need to protect the confidentiality of personally Pol. 113 identifiable information in the education records of students with disabilities. 34 CFR The district shall maintain a system of safeguards to protect the confidentiality of Sec. 300.611- students’ educational records and personally identifiable information when 300.627 collecting, retaining, disclosing, and destroying student special education records, in accordance with Board policy, state requirements, and federal and state law and regulations. 34 CFR The rights provided by this policy apply to parents/guardians of students who Sec. 300.520, receive special education programming and services from the district or an outside 300.625 program provided through the district. 2. Definitions Destruction shall mean the physical destruction or removal of personal identifiers 34 CFR from information so that the information is no longer personally identifiable. Sec. 300.611 34 CFR Disclosure shall mean to permit access to or the release, transfer, or other Sec. 99.3 communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record. 20 U.S.C. Education Records, for purposes of this policy, shall include the records and Sec. 1232g information covered under the definition of education records in the Family 34 CFR Educational Rights and Privacy Act (FERPA) and its implementing regulations. Sec. 99.3 Pol. 216 34 CFR Personally identifiable information includes, but is not limited to: Sec. 99.3, 300.32 1. The name of a student, the student's parents/guardians or other family members. Page 1 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 2 Second Reading 2. The address of the student or student’s family. 3. A personal identifier, such as the student's social security number, student number, or biometric record. 4. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name. 5. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. 6. Information requested by a person who the district reasonably believes knows the identity of the student to whom the education record relates. 3. Guidelines Parental Access Rights 34 CFR The district shall permit parents/guardians to inspect and review any education Sec. 99.10, records relating to their child(ren) that are collected, retained, or used by the district 300.613 in connection with providing special education services to the student. The district shall comply with a parental request to inspect and review education records without unnecessary delay and before any meeting regarding an Individualized Education Program (IEP); any impartial due process hearing relating to the identification, evaluation, educational placement, or the provision of a free and appropriate public education (FAPE) to a student; a hearing related to the discipline of the student; and or a resolution meeting. 34 CFR The district shall presume a parent/guardian has authority to inspect and review Sec. 99.4, records relating to his/her child unless it has been provided documentation that the 300.613 requesting parent/guardian does not have this authority under applicable state law. 34 CFR The district shall comply with a parental request for review within forty-five (45) Sec. 99.10, days following receipt of the request. 300.613 A parent’s/guardian’s right to inspect and review education records includes the right to: 1. A response from the district to reasonable requests for explanations and interpretations of the records; 2. Request that the district provide copies of the records if failure to provide copies Page 2 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 3 Second Reading would effectively prevent the parent/guardian from exercising the right to inspect and review the records; and 3. Have a representative inspect and review the records. 34 CFR If an education record includes information on more than one (1) student, the Sec. 99.12, parents/guardians shall have access only to the information relating to their child or 300.615 shall be informed provided a summary of the information in the record related to their child. 34 CFR The district shall provide parents/guardians, upon request, a list of the types and Sec. 300.616 locations of education records collected, maintained, or used by the district. Fees 34 CFR The district may charge a fee for copies of records that are made for Sec. 99.11, parents/guardians so long as the fee does not effectively prevent parents/guardians 300.617 from exercising their right to inspect and review those records. The district shall not charge a fee to search for or to retrieve information in response to a parental request. Charging of fees shall be in accordance with board policy. Record Of Access 34 CFR The district shall keep a record of parties obtaining access to education records Sec. 300.614 collected, maintained, or used in providing special education to students with disabilities, except access by parents/guardians and authorized district employees. The district’s record of access shall include the name of the party, the date access was given, and the purpose for which the party is authorized to use the records. Amendment Of Records Upon Parental Request 34 CFR If a parent/guardian believes that information in the student’s education records is Sec. 99.20, inaccurate, misleading or violates the privacy or other rights of the student, the 300.618 parent/guardian may request that the district amend the information. The district shall decide whether to amend the information within a reasonable period of time from receipt of the request. If the district declines to amend the information in accordance with a parental request, the district shall inform the parent/guardian of the refusal and advise the parent/guardian of the right to a hearing. Page 3 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 4 Second Reading Records Hearing 34 CFR The district shall, on request, provide parents/guardians with an opportunity for a Sec. 99.21, hearing to challenge information in the student’s education records to ensure that the 300.510- information is not inaccurate, misleading, or otherwise in violation of the student’s 300.516, privacy or other rights. The district recognizes that parents/guardians who believe 300.619 that there is a due process violation relating to an alleged violation of confidentiality may also request a special education due process hearing. Hearing Procedures 34 CFR A hearing to challenge information in education records must meet the following Sec. 99.22, requirements: 300.621 1. The superintendent or his/her designee shall schedule a hearing within 30 days after receiving the request for a hearing. 1. The district shall hold the hearing within a reasonable time after receiving the request for a hearing. 2. The district shall give the parent/guardian reasonable five (5) days advanced written notice of the date, time, and place of the hearing. 3. The hearing may be conducted by any individual, including a district official, who does not have a direct interest in the outcome of the hearing. 4. The district shall give the parent/guardian a full and fair opportunity to present relevant evidence. The parent/guardian may, at his/her own expense, be assisted or represented by one (1) or more individuals of his/her choice, including an attorney. 5. The district shall inform parents/guardians of its decision in writing within 30 days a reasonable period of time after the hearing. 6. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. Result Of Hearing 34 CFR If, as a result of the hearing, the district decides that the information is inaccurate, Sec. 99.21, misleading, or otherwise in violation of the student’s privacy or other rights, the 300.620 district shall amend the information accordingly and inform the parent/guardian in writing. Page 4 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 5 Second Reading If, as a result of the hearing, the district decides that the information is not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights, the district shall inform the parent/guardian of the parent’s/guardian’s right to place in the student’s records a statement commenting on the information and/or providing any reasons for disagreeing with the district’s decision. Any explanation placed in the student’s records shall be: 1. Maintained by the district as part of the student’s records as long as the record or contested portion is maintained by the district; and 2. Included with the record or contested portion if the record or contested portion are disclosed to any party. Storage, Retention, And Destruction Of Information 34 CFR The district shall store all education records and personally identifiable information Sec. 300.623 of students receiving special education services in such a way as to protect the confidentiality and integrity of the records and information, prevent unauthorized access to and disclosure of records and information, and ensure compliance with other legal and regulatory requirements regarding records retention. 34 CFR The district shall maintain, for public inspection, a current listing of the names and Sec. 300.623 positions of those district employees who have access to personally identifiable information. Pol. 216 In order to comply with state compliance monitoring requirements, the district shall maintain education records for students receiving special education services for at least six (6) years. 34 CFR The district shall inform parents/guardians when personally identifiable information Sec. 300.624 collected, maintained, or used is no longer needed to provide educational services to the student. After notice, such information shall be destroyed upon parental request. 34 CFR No education record shall be destroyed if there is an outstanding request to inspect Sec. 99.10 or review the record or if a litigation hold exists. 34 CFR The district may maintain, among others, a permanent record of the student’s name, Sec. 300.624 address, and phone number, his/her grades, attendance record, classes attended, grade level completed, and year completed. 34 CFR The district shall ensure the destruction of education records in a manner that Sec. 300.623 protects the confidentiality and privacy rights of the student and his/her family. Page 5 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 6 Second Reading Disclosure To Third Parties 34 CFR The district shall obtain parental consent before disclosing personally identifiable Sec. 99.30, 99.31, information to parties other than school district officials with a legitimate 300.154, educational interest or other educational institutions that provide special education 300.622 services to the student for the purposes of meeting a requirement of law or regulation Pol. 113.1, 113.2, unless the information is contained in education records and the disclosure is 216 permitted without parental consent under law and regulations. 34 CFR Parental consent must be obtained before personally identifiable information is Sec. 300.622 released to officials of participating agencies providing or paying for transition services. 34 CFR If a student is enrolled, or is going to enroll in a private school that is not located in Sec. 300.622 the district of the parent’s/guardian’s residence, parental consent must be obtained before any personally identifiable information about the student is released between officials in the district where the private school is located and officials in the district of the parent’s/guardian’s residence. 4. Delegation of In order to maintain the confidentiality of the educational records and personally Responsibility identifiable information of students with disabilities, the Board designates the 34 CFR Superintendent or designee to coordinate the district’s efforts to comply with this Sec. 300.623 policy and applicable laws and regulations. 34 CFR All district employees collecting or using personally identifiable information shall Sec. 300.623 receive training or instruction regarding Board policy, administrative regulations, and state and federal law and regulations regarding confidentiality of education records and personally identifiable information. References: Family Educational Rights and Privacy Act – 20 U.S.C. Sec. 1232g Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. Family Educational Rights and Privacy Act, Title 34, Code of Federal Regulations – 34 CFR Part 99 Individuals With Disabilities Education Act, Title 34, Code of Federal Regulations – 34 CFR Part 300 Page 6 of 7 113.4. CONFIDENTIALITY OF SPECIAL EDUCATION STUDENT INFORMATION - Pg. 7 Second Reading Pennsylvania Department of Education Individuals With Disabilities Education Act Part B LEA Policies and Procedures under 34 C.F.R. §§300.101 - 300.176 (2009) Bureau of Special Education Letter to School Entities on Retention Of Records, Dated November 9, 2009 Board Policy – 113, 113.1, 113.2, 113.3, 216 Page 7 of 7 No. 113.5 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: CHILD FIND AREA ADOPTED: SCHOOL DISTRICT REVISED: 113.5 CHILD FIND Purpose To describe the child find activities of the District for the purpose of locating, identifying, and evaluating children with disabilities in accordance with the Individuals with Disabilities and Chapter 14 of the regulations of the Pennsylvania State Board of Education Section 1. Public Awareness and 1.0 Public Awareness. The superintendent or his or her designee shall ensure that Outreach the following public awareness activities occur concerning programs and services for children with disabilities who reside within the school district, regardless of whether 22 Pa. Code § 14.121; 34 those children attend public or private schools: C.F.R. § 300.111 1.0.1 Directly or through the Intermediate Unit, publish once annually a written notice, in a newspaper or other media with circulation adequate to notify parents throughout the school district, of child identification activities, of school district and other public special education services and programs, of the manner in which to request services and programs, and of the procedures followed to ensure confidentiality of information pertaining to students with disabilities in accordance with state and federal law; 1.0.2 Post conspicuously on the Internet home page of the school district and in student handbooks or calendars the information described in subsection 1.0.1 of this policy; 1.0.3 Directly or through the Intermediate Unit, consult annually with private school administrators and representatives concerning the development of, and then develop, child find activities designed to identify, evaluate, and offer special education services and programs to children with disabilities who reside within the District and who attend private schools, provided, however, that nothing in this policy shall be construed to authorize the provision of special education programs and services in or on the premises of private schools; 1.0.4 Display conspicuously in every public school building in the school district printed circulars or pamphlets containing the information described in subsection 1.0.1 of this policy. Page 1 of 3 113.5 CHILD FIND - Pg. 2 Second Reading 1.1 Outreach. The superintendent or his or her designee shall ensure that the following outreach activities occur concerning programs and services for children with disabilities who reside within the school district, regardless of whether those children attend public or private schools: 1.1.1 Directly or through the Intermediate Unit, offer parent and family training and information activities and publicize the availability of such activities to all parents; 1.1.2 Directly or through the Intermediate Unit, provide to physicians, hospitals, mental health professionals, daycare providers, and County agency personnel training or other information concerning the types of special education programs and services available in and through the school district and the manner in which parents can access those services. 1.1.3 Directly or through the Intermediate Unit, provide periodic training to regular education staff of the school district and, by invitation, of the private schools concerning the identification and evaluation of, and provision of special education programs and services to, students with disabilities. Section 2. Screening 2.0 Screening System. The superintendent or his or her designee shall establish a system of screening to accomplish the following, and, whenever practicable, the 22 Pa. Code §§ system thus established shall use existing building-level supports, services, and 4.13(c)(11), 14.122, and processes: 14.125(4); 34 C.F.R. § 300.111 2.0.1 Assessment at reasonable intervals to determine whether all students are performing based on grade-appropriate standards in core academic subjects; 2.0.2 Use of such assessments to provide additional instructional opportunities for students not achieving at the proficient level or otherwise not performing based on grade-appropriate standards in core academic subjects, including use of alternate instructional strategies, opportunities for extended learning time, and ongoing assessment of student response; 2.0.3 For students who are not performing based on grade-appropriate standards in core academic subjects, a determination that the performance deficit is not the result of a lack of English language proficiency or cultural differences; 2.0.4 For students who not responding to the core program of reading or math instruction, provision of scientifically-based instruction in regular education settings, delivered by qualified personnel, as indicated by observations of routine classroom instruction, with repeated, formal Page 2 of 3 113.5 CHILD FIND - Pg. 3 Second Reading assessments of achievement and progress conducted at reasonable intervals, the results of which shall be provided to the parents of the student; 2.0.5 For students with behavioral concerns, completion of a systematic observation of the student’s behavior in the classroom or area in which the student is displaying difficulty and, based thereon, implementation of group or individual positive behavior interventions and strategies; 2.0.6 Provision of peer support for teachers and other staff members to assist them in working effectively with students in the general education curriculum; 2.0.7 Completion of hearing and vision screening in accordance with section 1402 of the Public School Code of 1949, 24 P. S. § 14-1402, for the purpose of identifying students with hearing or vision difficulty so that they can be referred for assistance or recommended for evaluation for special education; 2.0.8 Identification of students who may need special education services and programs. 2.1 Rights Preserved and Waiver of Pre-evaluation Screening. The screening activities described in section 2.0 of this policy shall not serve as a bar to the right of a parent to request a multidisciplinary team evaluation at any time. When the completion of screening activities prior to referral for a multidisciplinary team evaluation will result in serious mental or physical harm, or significant educational regression, to the student or others, the Director of Special Education may opt to initiate a multidisciplinary team reevaluation without completion of the screening process. Whenever an evaluation is conducted without a pre-evaluation screening, the activities described in section 2.0 of this policy shall be completed as part of that evaluation whenever reasonably possible within 60 calendar days. Page 3 of 3 No. 114 Second Reading SECTION: PROGRAMS TITLE: GIFTED EDUCATION ADOPTED: WEST CHESTER REVISED: AREA SCHOOL DISTRICT 114 GIFTED EDUCATION 1. Purpose To incorporate by reference and adopt as the policy of the District the requirements of Chapter 16 of the regulations of the Pennsylvania State Board of Education 22 Pa. Code Ch. 16 concerning the education of students who are mentally gifted and who are, by reason thereof, entitled to specially designed instruction and support services. 2. Incorporation and adoption of laws and The policy of the West Chester Area School District is to adhere to and implement regulations faithfully for all resident school aged children who are mentally gifted or who are thought to be mentally gifted the requirements of Chapter 16 of the regulations of the Pennsylvania State Board of Education, as they exist on the date of the adoption of this policy and as they may be hereafter revised or amended. 3. Delegation of The Superintendent or his or her designee shall adopt such procedures and practices Authority and as are necessary to identify, screen, evaluate, and program for all students who are Assignment of mentally gifted. Duties to the Superintendent or his or her Designee 4. Assigned Duties 4.1 Identification and Screening. The Superintendent shall ensure that all Defined information concerning gifted screening, evaluations, eligibility criteria, programs and services, and parent rights are published to the community, including to parents of children attending private schools, through at least one newspaper of general circulation, on the District Website, and by posting or other means of conspicuous display in each public school. The Superintendent shall also ensure that information concerning student achievement, performance, and behavior that might indicate gifted ability is collected at regular intervals and reviewed by appropriate staff, and that screening activities are undertaken by appropriate staff in a manner that enables those staff to discern valid evidence of gifted ability. Screening instruments and techniques shall be reliable and free of racial, gender, national origin, and disability bias. Page 1 of 2 114 GIFTED PROGRAMS Second Reading 4.2 Evaluations. The Superintendent shall ensure that multidisciplinary teams conduct timely evaluations of all students who, based on screening or on parent referral, are thought to be mentally gifted. Such evaluations shall use a variety of testing and assessment techniques that are valid for the purpose used, are reliable, and provide a measure of intellectual ability and other factors that indicate gifted ability. 4.3 Programming. Through the strategic planning process, the Superintendent shall ensure that a continuum of program and service options exists within the District to meet the needs of all mentally gifted students for enrichment, acceleration, or both. Page 2 of 2 No. 124 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: ALTERNATIVE INSTRUCTION AREA COURSES SCHOOL DISTRICT ADOPTED: REVISED: 124. ALTERNATIVE INSTRUCTION COURSES 1. Authority The Board may grant credit toward high school graduation for course work SC 502, 1525, successfully completed through approved summer school, correspondence courses, 1901, 1903, distance education, online courses, and dual enrollment, in accordance with this 1906 policy. Pol. 217 2. Delegation of The building principal superintendent or his/her designee shall be responsible for Responsibility reviewing and approving, in his/her sole discretion, student applications for earning credit toward graduation through approved alternative instruction courses. The building principal superintendent or his/her designee shall determine the number of credits assigned to such a course as part of the approval process before the student begins the course. 3. Guidelines Students shall submit to the building principal a written request for approval of each proposed course and the number of credits sought. The course subject must be included in relevant to the district’s planned instruction and be relevant to established academic standards. The student shall receive the same letter grade for credit that is assigned by the alternative instruction resource. Summer Programs It is the policy of the Board to offer elementary and secondary summer programs of a remedial, make-up, original credit, and enrichment nature. All summer program courses shall be subject to annual approval by the Board. Courses offered in summer programs may be designated as credit or noncredit offerings. Page 1 of 2 124. ALTERNATIVE INSTRUCTION COURSES - Pg. 2 Second Reading References: School Code – 24 P.S. Sec. 502, 1525, 1901 et seq. State Board of Education Regulations – 22 PA Code Sec. 4.41 Board Policy – 217 Page 2 of 2 No. 125 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: ADULT EDUCATION AREA ADOPTED: SCHOOL DISTRICT REVISED: 125. ADULT EDUCATION 1. Purpose The Board recognizes the value of opportunities for educational growth and advancement to adult members of the community and the need of adults for educational programs. 2. Authority The Board may establish and maintain a program of adult education based upon the SC 502, 1901, needs and interests of the residents, consistent with the district’s educational goals 1903, 1906 and objectives and Board policies. An outside agency may assist in running the adult education program. SC 1903, 1923 The Board may employ staff, utilize available facilities, supply instructional and supplementary materials, and provide administrative leadership required to maintain the adult education program. The Board shall establish the tuition rate for each course offered in the adult education program. 3. Guidelines Admission to an adult education program shall be open to: 1. All adult residents of this district. 2. Adult residents of other districts who apply and whose admittance will not deprive admittance to a district resident. 4. Delegation of The Superintendent or designee shall: Responsibility 1. Assess the needs and resources of the community. 2. Develop a program of adult education and present that program to the Board for approval. 3. Develop and implement means to inform the public of adult education offerings. Page 1 of 1 No. 137 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: HOME EDUCATION AREA PROGRAMS SCHOOL DISTRICT ADOPTED: REVISED: 137. HOME EDUCATION PROGRAMS 1. Authority Home education programs for students residing in the school district shall be SC 1327, 1327.1 conducted in accordance with state law and regulations. Title 22 Sec. 11.31a 2. Definitions Appropriate Education - a program consisting of instruction in the required SC 1327.1 subjects for the time required by law and in which the student demonstrates sustained progress in the overall program. Hearing Examiner - shall not be an officer, employee, or agent of the Department of Education or of the school district or intermediate unit of residence of the child in the home education program. Home Education Program - a program conducted in compliance with law by the parent/guardian or person having legal custody of a child. A home education program shall not be considered a nonpublic school under the provisions of law. Supervisor - the parent/guardian or person having legal custody of a child who is responsible for providing instruction, provided that such person has a high school diploma or its equivalent. 3. Guidelines Eligibility/Affidavits SC 1327.1 A notarized affidavit of the parent/guardian or person having legal custody of the child shall be filed prior to commencement of the home education program and annually thereafter on August 1 with the Superintendent. The affidavit shall set forth: 1. Name of the supervisor of the home education program who will be responsible for the provision of instruction. Page 1 of 5 137. HOME EDUCATION PROGRAMS - Pg. 2 Second Reading 2. Name and age of each child who will participate in the home education program. 3. Address and telephone number of the home education program site. 4. That subjects required by law are offered in the English language, including an outline of proposed education objectives by subject area. Pol. 203, 209 5. Evidence that the child has been immunized and has received the health and medical services required for students of the child's age or grade level. SC 111 6. Certification signed by the supervisor that the supervisor, all adults in the home, and persons having legal custody of a child in the home education program have not been convicted of criminal offenses as enumerated in the School Code. Transfers SC 1327.1 When a home education program is relocating to another school district, the supervisor is responsible to follow the requirements of law. Program SC 1327.1 A student who is enrolled in a home education program shall be deemed to have met the requirements if the program provides a minimum of one hundred eighty (180) days of instruction, or nine hundred (900) hours of instruction per year at the elementary level, or nine hundred ninety (990) hours per year at the secondary level. At the elementary level, the following courses shall be taught: English, to include spelling, reading, and writing; arithmetic; science; geography; history of the United States and Pennsylvania; civics; safety education, including regular and continuous instruction in the dangers and prevention of fires; health and physiology; physical education; music; and art. At the secondary level, the following courses shall be taught: English, to include language, literature, speech, and composition; science; geography; social studies, to include civics, world history, history of the United States and Pennsylvania; mathematics, to include general mathematics, algebra and geometry; art; music; physical education; health; and safety education, including regular and continuous instruction in the dangers and prevention of fires. Page 2 of 5 137. HOME EDUCATION PROGRAMS - Pg. 3 Second Reading Courses of study may include, at the discretion of the supervisor: economics; biology; chemistry; foreign languages; trigonometry; or other age-appropriate courses required by the State Board of Education. Requirements Of Supervisor SC 1327.1 In order to demonstrate that appropriate education is occurring, the supervisor shall provide and maintain on file for each student enrolled in the home education program a portfolio of records and materials. The portfolio shall consist of a log, made contemporaneously with the instruction, that designates by title the reading materials used; samples of any writings; worksheets, workbooks or creative materials used or developed by the student; and in grades three, five and eight results of nationally-normed standardized achievement tests in reading, language arts, and mathematics or results of statewide tests administered in these grade levels. The supervisor shall ensure that the nationally-normed standardized tests or the statewide tests are not administered by the child's parent/guardian. Evaluation Requirements SC 1327.1 A teacher or administrator who evaluates a portfolio at the elementary level or secondary level shall meet the requirements established in law. An annual written evaluation of the student's educational progress as determined by a licensed clinical or school psychologist, a teacher certified by the Commonwealth, or a nonpublic school teacher or administrator is required. The evaluation shall also be based on an interview of the child and a review of the portfolio and shall certify whether or not an appropriate education is occurring. At the request of the supervisor, persons with other qualifications may conduct the evaluation with the prior consent of the Superintendent. In no event shall the evaluator be the supervisor or his/her spouse. Documentation required by this policy shall be provided to the district Superintendent or designee at the conclusion of each school year. The Superintendent shall determine whether the child is receiving appropriate education, as defined in this policy and law, as a program consisting of instruction in the required subjects for the time required and in which the student demonstrates sustained progress in the overall program. Page 3 of 5 137. HOME EDUCATION PROGRAMS - Pg. 4 Second Reading If the Superintendent or designee has a reasonable belief that, at any time during the school year, appropriate education may not be occurring in the home education program, s/he may require documentation pertaining to the portfolio to be submitted to the district by certified mail with return receipt requested within fifteen (15) days, and the evaluation to be submitted within thirty (30) days. If the Superintendent or designee determines, based on documentation, that appropriate education is not occurring, s/he shall send a letter to the supervisor stating that in his/her opinion appropriate education is not occurring in the home education program and shall return all documentation, specifying what aspect(s) of the documentation are inadequate. The supervisor of the program shall have twenty (20) days from receipt of the certified letter to submit additional documentation demonstrating that appropriate education is taking place. If documentation is not submitted within that time, the home education program shall be out of compliance; and the student shall be promptly enrolled in the public or a nonpublic school. If supervisor of program feels agreged, he/she can request a hearing with the superintendent about the program process. Student shall be enrolled in public or non-public school during the hearing process. Right Of Hearing SC 1327.1 The Board shall provide for a proper hearing by a duly qualified and impartial hearing examiner within thirty (30) days of request for hearing. The examiner shall render a decision within fifteen (15) days of the hearing, except that s/he may require the establishment of a remedial education plan, mutually agreed to by the Superintendent and supervisor of the home education program, which shall continue the home education program. The decision of the examiner may be appealed by either the supervisor or the Superintendent to the Secretary of Education or Commonwealth Court. If the hearing examiner finds that the documentation does not indicate that appropriate education is taking place in the home education program, the home education program shall be out of compliance; and the student shall be promptly enrolled in a public or nonpublic school. Loan Of Instructional Materials SC 1327.1 The district shall, at the request of the supervisor, lend to the home education program copies of the school's planned courses, textbooks, and other Page 4 of 5 137. HOME EDUCATION PROGRAMS - Pg. 5 Second Reading curriculum materials appropriate to the student's age and grade level. Graduation Requirements SC 1327.1 The following minimum courses in grades 9 through 12 are established as a requirement for graduation in a home education program: four (4) years of English; three (3) years of mathematics; three (3) years of science; three (3) years of social studies; and two (2) years of arts and humanities. The school district is under no obligation to shall not award a diploma or acknowledge completion of a student's education in a home education program. Students With A Disability SC 1327 A home education program shall meet compulsory attendance requirements for a student with a disability only when the program addresses the specific needs of the student and is approved by a teacher with a valid education certificate from the Commonwealth to teach special education, or a licensed clinical or certified school psychologist. Written notice of such approval must be submitted with the required affidavit. The supervisor may request that the school district or intermediate unit of residence provide services that address the specific needs of a student with a disability. When the provision of services is agreed to by both the supervisor and the school district or intermediate unit, all services shall be provided in the public schools or in a private school licensed to provide such programs and services. Participation In Curricular Nondistrict Programs The Board shall permit students in home education programs to participate in CCIU Technical College High School programs in accordance with 137AG1- Home Education Program Administrative Guidelines. Participation In District Programs The Board shall permit students in home education programs to participate in the following extracurricular programs only (in accordance with 137AG2-Home Education Program Participation in District Activities Guidelines): a. performing and visual arts activities, including band, chorus, theatre, art, and the Arts and Enrichment Program. b. Interscholastic athletic teams at the middle school and high school levels Page 5 of 5 137. HOME EDUCATION PROGRAMS - Pg. 6 Second Reading only. References: School Code – 24 P.S. Sec. 111, 1327, 1327.1 State Board of Education Regulations – 22 PA Code Sec. 11.31a Board Policy – 203, 209 Page 6 of 5 No. 137AG1 WEST CHESTER Second Reading ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 137AG1 HOME EDUCATION PROGRAM ADMINISTRATIVE GUIDELINES Participation in Technical College High Schools A home-schooled student who would like to participate in a technical college high school, provided by the intermediate unit, shall submit a request to the Superintendent. The Superintendent, in conjunction with appropriate personnel from the intermediate unit and the technical college high school, will determine if the technical college high school is able to accommodate additional participation. Home-school students shall be required to comply with the technical college high school’s enrollment process, application process, and policies and timelines. In the event the intermediate unit or the technical college high school has implemented quotas for the school district for student participation in the technical college high school, the home-school student shall receive no priority due to home-school status, and shall be considered for admission in the same manner as any other student in the school district. Home-school students shall only be eligible to attend and participate in technical college high schools, and programs offered by the same that students in the high school of residence and grade level would be eligible to attend and participate in. The home-school student shall arrange for their own transportation, at their own risk and liability, which shall not be provided by the school district. Home-school students shall be required to comply with all policies, procedures, and regulations implemented by the technical college high school, and shall be subject to the policies, procedures, and regulations of the resident high school and school district while on school district property. Participation in a technical college high school does not absolve the supervisor of the student’s home education program from compliance with state and district home education program requirements. Page 1 of 1 No. 137AG2 WEST CHESTER Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT APPROVED: REVISED: 137AG2 HOME EDUCATION PROGRAM - PARTICIPATION IN DISTRICT ACTIVITIES GUIDELINES Students in home education programs who participate in district activities shall abide by all guidelines, regulations, and conditions as determined by the administration and approved by the Superintendent and shall include the following requirements: 1. Regular academic eligibility determinations similar to those required of the students within the West Chester Area School District. 2. Compliance with the Disciplinary Policy and with directions and requirements of all teachers, coaches, or administrators involved with the programs. 3. Transportation to and from the schools for home educated students shall be the sole responsibility, and expense, risk, and liability of the home educated students. 4. Home educated students shall come to school buildings solely for the purpose of participating in the programs and will leave the school building and property when the program or event is completed, except to the extent of times when the public is generally admitted to school district property or buildings. 5. Payment of any fees paid by regularly enrolled students shall also apply to home education students. Home Education students may only participate in programs offered in the school located in the attendance areas that home educated students would attend if they were enrolled in the West Chester Area School District and programs which are eligible for their similar grade level, except where programs which are located in other school buildings are otherwise open to West Chester Area School District students from schools located in the same attendance areas where the Home School students reside. Page 1 of 1 No. 214 Second Reading SECTION: PUPILS WEST CHESTER TITLE: CLASS RANK AREA ADOPTED: SCHOOL DISTRICT REVISED: 214. CLASS RANK 1. Purpose The Board acknowledges the necessity for a system of computing grade point averages and class rank for secondary school students to inform students, parents/guardians and others of their relative academic placement among their peers. 2. Authority The Board authorizes a system of class rank, by grade point average, for students in grades 9-12. All students shall be ranked together. Quality point system is developed by Superintendent or his/her designee and maintained in each high school office and guidance office. Class rank shall be computed by the final grade in all subjects for which credit is awarded. Any two (2) or more students whose computed grade point averages are identical shall be given the same rank. The rank of the student who immediately follows a tied position will be determined by the number of students preceding and not by the rank of the proceeding person. Pol. 216 A student's grade point average and rank in class shall be entered on the student's record and transcripts and shall be subject to Board policy on release of student records. 3. Delegation of The Superintendent or his/her designee shall develop administrative regulations for Responsibility computing grade point averages and assigning class rank to implement this policy. References: School Code – 24 P.S. Sec. 510 Board Policy – 216 Page 1 of 1 214. CLASS RANK - Pg. 2 Page 2 of 2 No. 250 Second Reading SECTION: PUPILS WEST CHESTER TITLE: STUDENT RECRUITMENT AREA ADOPTED: SCHOOL DISTRICT REVISED: 250. STUDENT RECRUITMENT 1. Authority In accordance with law, the Board shall permit disclosure of required student 51 P.S. information about secondary students to representatives of postsecondary institutions Sec. 20221 et seq and to representatives of the Armed Forces of the United States. 10 U.S.C. Sec. 503 Equitable access to secondary students shall be granted to postsecondary education 20 U.S.C. representatives, military recruiters and prospective employers. Sec. 7908 2. Guidelines Postsecondary institutions and military recruiters shall have access to secondary 10 U.S.C. students’ names, addresses and telephone numbers, unless the student or Sec. 503 parent/guardian requests that such information not be released without prior written 20 U.S.C. parental consent. Sec. 7908 51 P.S. The district shall notify parents/guardians of the right of the secondary student or Sec. 20222 parent/guardian to request that student information not be released to representatives 10 U.S.C. of postsecondary institutions and/or military recruiters without prior written parental Sec. 503 consent. 20 U.S.C. Sec. 7908 51 P.S. The district shall provide a list of graduating seniors, which shall be available to Sec. 20222 military recruiters by the first day of the academic year of graduation. Military Personnel 24 P.S. Military recruiters and all other members of the active and retired Armed Forces, Sec. 2402 including the National Guard and Reserves, shall be permitted to wear their official military uniforms while on district property. 3. Delegation of The building principal shall determine under what conditions and when access to Responsibility secondary students will be provided to representatives of postsecondary institutions, military recruiters and prospective employers. Page 1 of 2 250. STUDENT RECRUITMENT - Pg. 2 Second Reading The building principal reserves the right to deny access to students when such access will materially and substantially interfere with the proper and orderly operation and discipline of the school; is likely to cause violence or disorder; or will constitute a violation of the rights of other students. 51 P.S. The Superintendent or his/her designee shall notify parents/guardians prior to the Sec. 20222 end of the student’s junior year about the provisions of this policy. The notice shall include: 1. Notice that the school routinely discloses names, addresses and telephone numbers of junior and senior students to postsecondary institutions and military recruiters, subject to a parent’s/guardian’s or secondary student’s request not to disclose such information without prior written parental consent. 2. Explanation of the parent’s/guardian’s or secondary student’s right to request that information not be disclosed without prior written parental consent. 3. Procedures for how the parent/guardian or secondary student can opt out of the public, nonconsensual disclosure of such information, and the method and timeline for doing so. References: State Board of Education Regulations – 22 PA Code Sec. 403.1 Military Visitors – 24 P.S. Sec. 2402 Military Affairs – 51 P.S. Sec. 20221 et seq. National Defense Authorization Act for Fiscal Year 2002 – 10 U.S.C. Sec. 503 No Child Left Behind Act – 20 U.S.C. Sec. 7908 Page 2 of 2 No. 304 Second Reading SECTION: EMPLOYEES WEST CHESTER TITLE: EMPLOYMENT OF DISTRICT STAFF AREA ADOPTED: August 1, 2015 SCHOOL DISTRICT REVISED: REVIEWED: January 28, 2015 304. EMPLOYMENT OF DISTRICT STAFF 1. Authority The Board places substantial responsibility for the effective management and operation of district schools and the quality of the educational program with its administrative, professional, and support employees. SC 406, 508, The Board shall, by a majority vote of all members, approve the employment; set the 1089, 1106, compensation; and establish the term of employment for each administrative, 1107, 1142- professional, and support employee employed by the district. 1152 Title 22 Sec. 4.4 Pol. 328 Approval shall normally be given to the candidates for employment recommended by the Superintendent. When any recommended candidate has been rejected by the Board, the Superintendent shall make an alternate recommendation. SC 1111 No teacher shall be employed who is related to any member of the Board, as defined Pol. 304.1 in law, unless such teacher receives the affirmative vote of a majority of all members of the Board other than the member related to the applicant, who shall not vote. The Board authorizes the use of professional and support employees prior to Board approval when necessary to maintain continuity of the educational program and services. Retroactive employment shall be recommended to the Board at the next regular Board meeting. An employee's misstatement of fact material to qualifications for employment or determination of salary shall constitute grounds for dismissal by the Board. SC 1109, 1201 A candidate for employment in the district shall not receive a recommendation for Title 22 employment without evidence of his/her certification when such certification is Sec. 49.1 et seq required. Page 1 of 4 304. EMPLOYMENT OF DISTRICT STAFF - Pg. 2 Second Reading SC 111 A candidate shall not be employed until s/he has complied with the mandatory Title 22 background check requirements for criminal history and child abuse and the district Sec. 8.1 et seq has evaluated the results of that screening process. 23 Pa. C.S.A. Sec. 6301 et seq SC 111 Each candidate shall report, on the designated form, arrests and convictions as required by law. Failure to accurately report such arrests and convictions may, depending on the nature of the offense, subject the individual to criminal prosecution. SC 1204.1 The district shall use the Standard Application for Teaching Positions but may also establish and implement additional application requirements for professional employees (304AG1- Hiring Procedure – Employment of Professional Employees, 304AG2- Hiring Procedure – Employment of Administrators, 304 AG3-Interview Record.) 2. Delegation of The Superintendent or designee shall develop administrative regulations for Responsibility employment of staff, in accordance with Board policy and state and federal laws and Pol. 104 regulations. Staff vacancies that represent opportunities for professional advancement or diversification shall be made known to district employees so they may apply for such positions. 42 U.S.C. The Superintendent or designee shall seek recommendations from former employers Sec. 12112 and others in assessing the candidate's qualifications. Recommendations and references shall be retained confidentially and for official use only. SC 1109, 1201 Each certificated administrative and professional employee employed by the district Title 22 shall be responsible for maintaining a valid certificate when such certificate is Sec. 49.1 et seq required by law. Title I Requirements Title 22 All elementary, middle and secondary teachers employed by the district who teach Sec. 403.2, 403.4 core academic subjects shall be highly qualified, as defined by federal law and state 20 U.S.C. regulations. Sec. 6319, 7801 Page 2 of 4 304. EMPLOYMENT OF DISTRICT STAFF - Pg. 3 Second Reading Title 22 The principal of a school providing Title I programs to students shall annually attest Sec. 403.4, 403.5 that professional staff teaching in such programs are highly qualified and 20 U.S.C. paraprofessionals providing instructional support in such programs meet required Sec. 6319, 7801 qualification, in accordance with federal law and state regulations. The written certifications shall be maintained in the district office. and the school office and shall be available to the public, upon request. Title 22 All paraprofessionals providing instructional support in a program supported by Sec. 403.2, 403.5 Title I funds shall have a secondary school diploma or a recognized equivalent and 20 U.S.C. one (1) of the following: Sec. 6319 1. At least two (2) years of study at an institution of higher learning. 2. Associate’s or higher degree. 3. Evidence of meeting a rigorous standard of quality through a state or local assessment. Title I paraprofessionals who solely coordinate parental involvement activities or act as translators are exempt from the above qualifications. Special Education Paraprofessionals Title 22 All instructional paraprofessionals hired by the district, who work under the Sec. 14.105 direction of a certificated staff member to support and assist in providing Pol. 113 instructional programs and services to students with disabilities or eligible students, shall have a secondary school diploma and one (1) of the following: 1. At least two (2) years of postsecondary study. 2. Associate’s or higher degree. 3. Evidence of meeting a rigorous standard of quality through a state or local assessment. Title 22 Instructional paraprofessionals shall provide evidence of twenty (20) hours of staff Sec. 14.105 development activities related to their assignment each school year. Personal Care Assistants Title 22 A personal care assistant provides one-to-one support and assistance to a student, Sec. 14.105 including support and assistance in the use of medical equipment. Page 3 of 4 304. EMPLOYMENT OF DISTRICT STAFF - Pg. 4 Second Reading Personal care assistants shall provide evidence of twenty (20) hours of staff development activities related to their assignment each school year. The twenty (20) hours of training may include training required by the School-Based Access Program. Educational Interpreters Title 22 An educational interpreter is an individual who provides students who are deaf or Sec. 14.105 hard of hearing with interpreting or transliterating services in an educational setting. To serve as an educational interpreter, an individual shall meet the qualifications set forth in law and regulations. References: School Code – 24 P.S. Sec. 108, 111, 406, 508, 1089, 1106, 1107, 1109, 1109.2, 1111, 1142-1152, 1201, 1204.1 State Board of Education Regulations – 22 PA Code Sec. 4.4, 8.1 et seq., 14.105, 49.1 et seq., 403.2, 403.4, 403.5 Criminal History Record Information Act – 18 Pa. C.S.A. Sec. 9125 Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq. No Child Left Behind Act – 20 U.S.C. Sec. 6319, 7801 Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq. Board Policy – 000, 104, 113, 304.1, 328 Page 4 of 4 No. 304AG1 Second Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 304AG1 GUIDELINES FOR EMPLOYMENT OF PROFESSIONAL EMPLOYEES The Director of Human Resources is responsible to the Superintendent for recruiting and hiring a competent professional staff. Candidates are to be selected from applications obtained from a wide source, including colleges and universities, and which meet the needs of the district. In its effort to maintain a highly competent professional staff. The office of Human Resources: • Initiates and completes an ongoing review of anticipated staffing needs, retirements and resignations to identify potential vacancies for the upcoming school year. • Contacts universities to solicit applications from pending graduates. • Attends job fairs and schedules or coordinates recruitment visits to universities. • Creates vacancy posting, on the basis of up-to-date staffing needs listing, anticipated retirements and resignations. • Posts advertisements in appropriate publications (in print or online) to solicit applications from qualified applicants. • Maintains applicant database file systems. • Coordinates the establishment of general interview criteria and questions as well as content specific inquiry materials by certification area. • Sets preliminary interview schedule, location, assigns interviewers and contacts candidates. • Maintains interview results of preliminary candidates. • Provides written notification (declination letter) to candidates not offered a district position. • Consults with Superintendent concerning salary for experienced candidates or candidates with certification in areas of shortage. Interview Committee: • The committee may include Human Resources, principals, directors and others, as appropriate to conduct interviews. • Interviewers complete ranking and/or comments about candidates on the basis of established interview criteria (304AG3-Interview Record.) Page 1 of 2 304AG1 GUIDELINES FOR EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 2 Second Reading Principal or Administrator(s): • Conducts final reference check. • Forwards written recommendation of final candidate to Human Resources for final review of application materials and certification and establishment of salary. The office of Human Resources: • Will Contacts finalist candidate, and makes preliminary offer of employment, and schedules orientation date to complete required paperwork. • Notifies principals and appropriate staff that the offer has been made and accepted so that they may call the new staff member to welcome him/her and advise of needs. • Recommends candidate(s) for appointment to the Board, for appointment. • Forwards written contract documents to appointed employee. Board of School Directors: • Vote to appoint recommended candidate(s) at next scheduled Board meeting. Human Resources: • Forward written contract documents to appointed employee. Principal: • Applicable Bbuilding principal identifies a mentor teacher for assignment to newly hired teachers. • Arranges introductions between mentors and new teachers. • Arranges, in conjunction with mentor, for new teacher access to materials and equipment necessary to plan assigned instructional program. New Teachers: • Participate in orientation workshops prior to return of all staff. • Participate in on-going district induction program. Office of Curriculum and Instruction: • Provides induction program to the employee. Page 2 of 2 No. 304AG2 WEST CHESTER Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT APPROVED: REVISED: 304AG2 GUIDELINES FOR EMPLOYMENT OF ADMINISTRATORS These guidelines serve as a general process to encourage consistency in the hiring process for the District's Administrative Personnel, which will includes all administrators of the District except, however, the Superintendent and Cabinet level positions. By agreement of the School Board and the Superintendent, this process can be modified to allow alternative steps in certain situations. These guidelines are not meant for the Superintendent and cabinet-level positions. HIRING STEPS 1. Post & Advertise Vacancy Position qualifications, job description, and salary range shall be updated prior to posting. Posting will be placed on District website. The District will utilize several forms of media to maximize a broad, diverse candidate pool. This may include the Daily Local News, the Philadelphia Inquirer, the PSBA Bulletin, and/or PAREAP. Based on a review of the candidate pool by the Human Resources office, the posting may be extended to encourage additional applications. 2. Paper Screen All applications are initially reviewed by Human Resources to verify that applicants have minimum qualifications listed in the posting. Any applications not meeting minimum requirements are removed from consider ation. The Human Resource Director or designee and two administrators will be chosen to review candidate applications based on the Administrative position that is vacant Current District employees will be interviewed only if they meet position qualifications and screening criteria within the discretion of the Human Resource Director or designee and two assigned administrators. Each of the administrators reviews and makes recommendations regarding candidates to be interviewed by committee. The determination as to who will be interviewed is made by the three administrators by comparing the recommendations. The typical scoring is that candidates that receive 3 recommendations are usually interviewed; candidates that receive 2 recommendations are usually interviewed. Candidates with 1 recommendation are generally not interviewed, but may be considered after collaboration by the three administrators. 3. Interview-First Round The interview team (size and composition) for all positions are set by the School Board Directors and will include the Human Resource Director or designee. No more than one School Board Member will serve on the committee. The Board Personnel Page 1 of 3 304AG2 GUIDELINES FOR EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 2 Second Reading Committee chairperson after consultation with appropriate committee chairperson informs administration of which Board member is selected to participate. Interview team questions determined in advance by the administration with input of interview committee members. These questions are approved by Human Resources in order to insure that legally appropriate questions are asked of all candidates. Follow- up questions can be asked of the candidates for further clarification on questions m regarding issues specific to the candidate's application package. Candidate responses to those questions and overall interview impressions are scored independently by each interviewer (304AG3-Interview Record) and then tabulated by the Human Resource Director or designee. The number of candidates invited to a second interview is based on the final interview score distribution and as further determined by the administration within its discretion. 4. Second interview & Preliminary Recommendation This second interview consists of miscellaneous questions by interview committee. These questions must be legally appropriate and should relate to their prior interview with the candidate or the candidate's application. Optional Steps (depending on position): Interview team may include input of parents, staff;, and students as part of process. Interview team may include visits to candidate's current school district as well. Interview team may require candidate to submit a writing sample and/or take a written assessment. Once the process is complete, the Individual Committee members give their input regarding their selected candidates. This input is considered advisory and the preliminary recommendation is made by the Ddirect Ssupervisor overseeing the process. 5. Reference Check & Recommendation References are checked for a candidate recommended by Direct Supervisor, or if there are two strong candidates, their reference checks will be reviewed in order to assist in the decision making process. These references must include the most recent supervisor that the applicant worked under in their position, as well as other1 references listed on the application. The reference check must be documented as part of the process. The dDirect Ssupervisor confers with the Human Resource Director, Superintendent, and Cabinet Director, and a recommendation is made to offer the position to the selected candidate. Per policy, this recommendation is the responsibility of the Superintendent. 6. Salary Calculation & Offering a/Position The Human Resource Director or designee and Superintendent calculate salary recommendation. Page 2 of 3 304AG2 GUIDELINES FOR EMPLOYMENT OF PROFESSIONAL EMPLOYEES - Pg. 3 Second Reading The Human Resource Director or designee meets with the selected candidate to go over salary and benefits offer, as well as to insure that candidate understands that offer is contingent on Board approval. If a selected candidate rejects the offer, the Human Resource Director, Superintendent, Cabinet Director and Supervisor confer to determine next steps in selection process. 7. Recommendation to Board A recommendation is made by the Superintendent to the School Board and a resume is provided to the School Board in advance of a Board vote on candid ate. Page 3 of 3 No. 304AG3 WEST CHESTER Second Reading ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 304AG3 INTERVIEW RECORD Name(s) of Interviewer(s): Applicant’s Name: Applicant Code: Position Desired: Posting ID #: Interview Date & Time: Interview Location: Interview Round: prescreen initial 1st 2nd final Other (describe): (Place total score for each question and criteria in the box provided) Score Score COLUMN 1 Range Score COLUMN 2 Range Score Question #1 0-5 General Appearance, Grooming 0-1 Question #2 0-5 Mental Alertness/Listening Ability 0-2 Question #3 0-5 Oral Expression/Use of Grammar 0-2 Question #4 0-5 Poise/Self-confidence 0-2 Question #5 0-5 Voice Quality 0-2 Question #6 0-5 Enthusiasm 0-2 Question #7 0-5 Friendliness/Sense of Humor 0-2 Question #8 0-5 Predicted Success as a Professional 0-2 Question #9 0-5 Total Column 1 Total Column 2 Additional Comments/General Impressions: Total Score (Columns 1 & 2) Interviewer(s) Signature(s) *All first round candidates for the same position must be asked the same interview questions(s) A copy of the interview question(s) must be attached to this form by the interviewer. Collect and send all Interview Records including notes, to the Director of Human Resources. RECOMMENDATION:- You must check one of the following: Interview Complete – Move to second round Form must be completed entirely – include names of all Interview Complete – Back to Human Resources interviewers present Interview Complete – Pend for Further Consideration Interview Complete – Recommend for Hire No. 305 Second Reading SECTION: EMPLOYEES TITLE: EMPLOYMENT OF WEST CHESTER SUBSTITUTES AREA ADOPTED: August 1, 2015 SCHOOL DISTRICT REVISED: REVIEWED: January 28, 2015 305. EMPLOYMENT OF SUBSTITUTES 1. Authority Qualified and competent substitutes for professional and support employees shall be employed by the district in order to provide continuity in the educational programs, operations, and services of the schools. SC 406, 1101, The Board shall approve annually the names of potential substitute employees and 1106, 1148 the positions in which they may substitute. Additional names may be added to the list of substitutes by the Board during the school year. Approval shall normally be given to the candidates for employment recommended by the Superintendent. Utilization of substitutes prior to approval by the Board is authorized when their use is required to maintain continuity in the educational program and services of the district. Retroactive approval shall be recommended to the Board at the next regular Board meeting. SC 111 A candidate shall not be employed until the individual has complied with the Title 22 mandatory background check requirements for criminal history and child abuse and Sec. 8.1 et seq the district has evaluated the results of that screening process. 23 Pa. C.S.A. Sec. 6301 et seq SC 111 Each candidate shall report, on the designated form, arrests and convictions as required by law. Failure to accurately report such arrests and convictions may, depending on the nature of the offense, subject the individual to criminal prosecution. A candidate’s misstatement of fact material to qualifications for employment or determination of salary shall constitute grounds for immediate dismissal by the Board. Page 1 of 2 305. EMPLOYMENT OF SUBSTITUTES - Pg. 2 Second Reading Compensation SC 1148 Substitute professional employees shall be paid a daily rate in keeping with the minimum salary mandated by law for substitutes. The Board may elect to pay substitutes at a higher daily rate. Substitutes assigned for the same professional employee for more than twenty (20) consecutive days will shall be compensated at a higher rate approved by the Board. Substitutes for support staff shall be paid on a per diem basis at a rate set periodically by the Board. 2. Delegation of The Superintendent or designee shall develop administrative regulations regarding Responsibility employment of substitutes (305AG1-Administrative Guidelines for Substitute Coverage.) The administration may seek recommendations from former employers and others to assess the candidate’s qualifications. Recommendations and references shall be retained confidentially and for official use only. The Superintendent or his/her designee shall recommend retention on the Board's approved substitute list only for those substitutes who have satisfactorily performed their duties. The Superintendent or his/her designee shall prepare a written statement for all approved substitutes informing them of their pay rate, employee status, work schedule, and other matters that enable them to perform their duties to the best of their ability. A copy of this statement shall be placed in the employee's personnel file. References: School Code – 24 P.S. Sec. 108, 111, 406, 1101, 1106, 1148 State Board of Education Regulations – 22 PA Code Sec. 8.1 et seq. Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq. Page 2 of 2 305. EMPLOYMENT OF SUBSTITUTES - Pg. 3 Second Reading Board Policy – 000, 104 Page 3 of 2 No. 305AG1 WEST CHESTER Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT APPROVED: REVISED: 305AG1: ADMINISTRATIVE GUIDELINES FOR SUBSTITUTE COVERAGE TEACHER RESPONSIBILITIES 1. Staff will contact the board approved substitute service (eff. 7/1/15-Insight Workforce Solutions) through the AESOP system as soon as possible but no later than 7:00 a.m. for secondary teachers and 7:30 a.m. for elementary teachers for non-same day absence, otherwise the service is available 24 hours a day. Reporting can be done via touch tone phone or online and employee will identify the following: Date and time of absence (from date to date) Reason for the absence Is a substitute required for the absence Date and time the substitute is required Any special instructions for the substitute 2. Wait for the confirmation number before disconnecting or the absence may not be recorded. 3. The teacher may identify a particular substitute(s) as a replacement if that substitute is on the approved list. If that substitute(s) is not available, AESOP will contact another substitute from the list. 4. To report same day absence past the morning cut-off time, the teacher must call the principal. Attempts will be made to obtain a substitute. 5. The teacher will call the principal before the start of the school day to report the absence. 6. 5. The principal will be provided with a list of absentees and their replacements by the AESOP System each morning prior to the start of school. 7. 6. For personal days or attendance at conferences, teachers will make their request through the AESOP system for approval. GENERAL INFORMATION 1. All teachers on the substitute list must comply with the substitute teacher policy and comply with the following regulations: Possess a valid Pennsylvania Certificate in the area(s) in which you can substitute (a copy must be on file with Insight Workforce Solutions) or provide a letter from the college/university that the individual applying for a substitute teaching position “has completed the requirements of the teacher education program at (name of college/university) and is being recommended for a Pennsylvania Teaching Certificate. An application for a Pennsylvania Professional Personnel Page 1 of 2 305AG1: ADMINISTRATIVE GUIDELINES FOR SUBSTITUTE COVERAGE - Pg. 2 Second Reading Certificate (Instruction I) has been forwarded to the Bureau of Teacher Certification and Preparation, Pennsylvania Department of Education.” The letter mMust be on college/university letterhead and contain the date, name, social security number and area of certification for the prospective substitute. Be available to teach within the certification area in any school in the District 2. The substitute is requested to observe the same teaching day and duties as the teacher replaced. Upon completion of the day, the substitute shall report to the principal’s office to have the time card signed and to find out if she/he is released. Situations may arise when substitutes will be called in the evening after leaving school and informed that the regular teacher will be able to return, releasing them from services. It is the responsibility of the substitute to monitor assignments and cancellations via the AESOP system. TIME CARDS A time card will be used by the substitute as directed by the substitute provider. INCLEMENT WEATHER During inclement weather, substitutes are responsible for keeping alert to the possible closing of the West Chester Area Schools. If the schools are not going to open, the substitute will not report. This information will be broadcast over WCOJ-1420 WCHE 1520 as well as other stations in the area. On Philadelphia stations, the District Code Number is 851. SUBSITUTE SUBFINDER SERVICE 1. Twenty-four hour service is being provided by Insight Workforce Solutions through the AESOP system. A fully automated service for teachers to leave jobs any time, day or night. Board approved, registered substitutes access the service and review available jobs by phone. It is the responsibility of the registered substitute to review available jobs, review current assignments, cancel jobs, and maintain their his/her own personal data on the system. 2. The service will inform the substitute of the: Tteacher being replaced Sschool Ssubject area(s) or grade level, homeroom Ttime substitute is expected in school Pparking space assigned, if appropriate 3. To report same day absence past the morning cut-off time, the teacher must call the principal. Attempts will be made to obtain a substitute. 4. 3. The service will not be responsible for determining the reason for the teacher absence or whether it is an approved absence. 5. 4. When a teacher reports an absence which is continuing, every reasonable effort will be made to call the substitute who replaced the teacher previously. Page 2 of 2 No. 313 Second Reading SECTION: EMPLOYEES WEST CHESTER TITLE: EVALUATION OF EMPLOYEES AREA ADOPTED: August 1, 2015 SCHOOL DISTRICT REVISED: REVIEWED: January 28, 2015 313. EVALUATION OF EMPLOYEES 1. Purpose Evaluation is a continuing process in which the administrative, professional, and support employees and the respective supervisors cooperatively identify strengths and weaknesses in an individual's job performance. Employee evaluations shall be used to assess and improve performance, encourage professional growth, promote positive behavior, and facilitate attainment of district goals and objectives. 2. Authority The Board shall approve plans for regular, periodic evaluations of administrative, SC 510, 1108, professional, and support employees consistent with applicable administrative 1123 compensation plans, individual contracts, collective bargaining agreements, Board Title 22 resolutions, the Compensation/Benefits Guide, and state law and regulations. Sec. 19.1 The Board shall be informed periodically about the results of evaluations. 3. Delegation of The Superintendent or designee shall develop plans for the evaluation of district Responsibility employees to be submitted for Board approval. The Board authorizes the Superintendent to develop a Differentiated Supervision model for professional employees in accordance with Pennsylvania Department of Education's guidelines and in consultation with assistant administrators, supervisors, and/or principals. The Superintendent shall ensure that evaluation plans are reviewed periodically and updated as necessary. Evaluations shall be performed by the Superintendent or by an assistant administrator, a supervisor, or a principal who has supervision over the work of the employee being evaluated and is designated by the Superintendent to perform the evaluation (313AG1-Guidelines for Evaluation.) 4. Guidelines The evaluation plan for professional employees and temporary professional SC 1108, 1123 employees shall utilize the appropriate state-approved rating form or an alternative Title 22 rating tool approved by the Board and the Pennsylvania Department of Education. Sec. 19.1 Page 1 of 3 313. EVALUATION OF EMPLOYEES - Pg. 2 Second Reading SC 1108, 1123 Professional employees are required to be evaluated at least once each year. Temporary professional employee shall be evaluated by an appropriate supervisor and notified of individual progress and status at least twice each year. Professional employees and temporary professional employees shall receive an overall performance rating of one of the following: 1. Distinguished – shall be considered satisfactory. 2. Proficient – shall be considered satisfactory. 3. Needs improvement – shall be considered satisfactory, except that any subsequent overall rating of “needs improvement” issued by the district within ten (10) years of the first overall rating of “needs improvement” where the employee is in the same certification shall be considered unsatisfactory. 4. Failing – shall be considered unsatisfactory. No professional employee or temporary professional employee shall be rated “needs improvement” or “failing” solely based upon student test scores. No unsatisfactory rating shall be valid unless approved by the Superintendent. A signed copy of the rating form shall be provided to the employee. Professional employees and temporary professional employees who receive an overall performance rating of "needs improvement" or "failing" shall participate in a Performance Improvement Plan. References: School Code – 24 P.S. Sec. 510, 1108, 1122, 1123 State Board of Education Regulations – Title 22, Sec. 19.1 et seq. Board Policy – 000 Page 2 of 3 313. EVALUATION OF EMPLOYEES - Pg. 3 Second Reading Page 3 of 3 No. 313AG1 WEST CHESTER Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT APPROVED: REVISED: 313AG1 - GUIDELINES FOR EVALUATIONS Performance evaluations are critical tools in assessing an employee’s effectiveness in his/her position in the District. It is also an opportunity to provide direct feedback to the employee, and promotes professional growth. Additionally, this process assists in addressing staff inefficiencies and promotes change in unwanted behaviors. Therefore, it is extremely important that evaluations are done each year and the correct evaluation tool is used. All of the current evaluation tools can be accessed online through the Evaluation/Observation Forms quick link of the WCASD Human Resources Department web page. Some important reminders on procedure: 1. Staff assigned to more than one building will only appear on one school checklist. If you have a staff member who is only in your building part-time, please work collaboratively with the other building principal(s)/administrators to ensure that the summary evaluation is completed. 2. When printing evaluations forms, please print double-sided and stapled. Submission of evaluations should be in the checklist order as a complete group to the attention of Virginia Fredericksen, the Human Resources Department. 3. All evaluations must be sent by the designated due date. If additional time is needed for a specific evaluation(s), you the evaluator must let us the Human Resources Department know prior to the collection due date. 4. If a staff member has retired mid-year, an evaluation is not needed. However, if a staff member resigns mid-year, an evaluation needs to be completed for the time the person worked even if the evaluation is not signed by the employee. 5. If a staff member is out on leave for part of the school year, an evaluation needs to be done for the time period worked. Otherwise, if a staff member is out for the entire year, no evaluations need to be done completed. 6. For Teaching Staff Evaluations: Only the summary evaluations are sent to the Human Resources Office. Please retain completed Classroom Observation forms on site in the employee’s school file. 7. For Support Staff Evaluations: Any issues regarding performance concerns must be shared with the Human Resources Department. Similarly, performance issues and related corrective actions must be included in the evaluation. 8. If any there are any unsatisfactory evaluations, please notify the Human Resources Director and submit the evaluation separately. Page 1 of 4 313AG1 - GUIDELINES FOR EVALUATIONS- Pg. 2 Second Reading All staff evaluations must be submitted to the Human Resources Office by the last scheduled teacher work day. The following chart has been developed to serve as a guide as to the expected roster distribution timeframes and the Human Resources Department expected submission deadlines for all staff evaluations. Teacher Evaluation checklists will be distributed via email. This checklist will provide you with important information regarding your responsibility in completing both the semi- annual evaluations (for non-tenured teachers) and annual evaluations (for tenured teachers) November First semester Principal Reports will be distributed via email. These reports are required as part of the final step in a teacher being awarded tenure. It will be viewed by the School Board in the month the teacher is awarded tenure. Submission of Principal’s Report and Semi-Annual Evaluation to Human Resources for those teachers eligible for tenure at the January Board Meeting December All paperwork for tenure recommendation must be submitted no later than the LAST WORK DAY PRIOR TO THE WINTER BREAK. For Teacher Semi-Annual Evaluations that additional time is needed, notify the Human Resources Office by the FIRST FRIDAY OF JANUARY. January All remaining first semester Teacher Semi-Annual Evaluations are due into the Human Resources Office no later than the LAST FRIDAY OF JANUARY. Second semester Principal Reports will be distributed via email. These reports are required February as part of the final step in a teacher being awarded tenure. It will be viewed by the School Board in the month the teacher is awarded tenure. Support Staff Evaluation checklists will be distributed via email. This checklist will provide March you with important information regarding the staff that need to be evaluated, as well as the appropriate evaluation tool to use. Submission of all Support Staff Evaluations are due into Human Resources Office no later than the LAST FRIDAY OF APRIL. April Submission of Principal’s Report and Semi-Annual Evaluation to Human Resources for those teachers eligible for tenure at the May Board Meeting All paperwork for tenure recommendation must be submitted no later than the LAST WORK DAY PRIOR TO THE SPRING BREAK. For Teacher Semi-Annual and Annual Evaluations that additional time is needed, notify May the Human Resources Office by the FIRST FRIDAY IN MAY. All remaining second semester Teacher Semi-Annual Evaluations and Teacher Annual June Evaluations are due into the Human Resources Office no later than the FIRST FRIDAY OF JUNE. Page 2 of 4 313AG1 - GUIDELINES FOR EVALUATIONS – Pg. 3 Second Reading Teacher Evaluation checklists will be distributed via email. This checklist will provide you the evaluator with important information regarding your responsibility in completing both the semi-annual evaluations (for non-tenured teachers) and annual evaluations (for tenured teachers). November First semester Principal Reports will be distributed via email. These reports are required as part of the final step in a teacher being awarded tenure. It will be viewed by the School Board in the month the teacher is awarded tenure. All Custodial & Maintenance Evaluations for staff eligible for step movement must be received no later than the LAST WORK DAY PRIOR TO THE WINTER BREAK. Submission of Principal’s Report and Semi-Annual Evaluation to Human Resources for December those teachers eligible for tenure at the January Board Meeting. All paperwork for tenure recommendation must be submitted no later than the LAST WORK DAY PRIOR TO THE WINTER BREAK. For Teacher Semi-Annual Evaluations that additional time is needed, notify the Human Resources Office by the FIRST FRIDAY OF JANUARY. January All remaining first semester Teacher Semi-Annual Evaluations are due into the Human Resources Office no later than the LAST FRIDAY OF JANUARY. Second semester Principal Reports will be distributed via email. These reports are required February as part of the final step in a teacher being awarded tenure. It will be viewed by the School Board in the month the teacher is awarded tenure. Support Staff Evaluation checklists will be distributed via email. This checklist will provide March you the evaluator with important information regarding the staff that need to be evaluated, as well as the appropriate evaluation tool to use. Submission of all Support Staff Evaluations are due into the Human Resources Office no later than the LAST FRIDAY OF APRIL. April Submission of Principal’s Report and Semi-Annual Evaluation to Human Resources for those teachers eligible for tenure at the May Board Meeting All paperwork for tenure recommendation must be submitted no later than the LAST WORK DAY PRIOR TO THE SPRING BREAK. For Teacher Semi-Annual and Annual Evaluations that additional time is needed, notify May the Human Resources Office by the FIRST FRIDAY IN MAY. All remaining second semester Teacher Semi-Annual Evaluations and Teacher Annual June Evaluations are due into the Human Resources Office no later than the FIRST FRIDAY OF JUNE. Page 3 of 4 313AG1 - GUIDELINES FOR EVALUATIONS – Pg. 4 Second Reading The Principal Report for Status of Tenure is a one page form, which recommends a teacher for tenure at the end of their probationary period. They will be sent directly to you the Principal when teacher(s) in your building becomes tenure eligible. The form is a protected document that has built in character definitions that assist in keep the page format. The spell check feature in Word does not work in this form, so it is strongly advised that the narrative sections are reviewed prior to entering the text in the field. Completed forms are submitted to the School Board for approval twice a year (January/May), so ensuring the appropriate completion is essential. Pre-populated Data: Reports are pre-populated with the employee name, location, position, hire date, years at WCASD, and Probationary Employee Summary Evaluations date ranges. If there is inaccurate information included in this section, please contact Virginia Fredericksen the Human Resources Department immediately for corrections. Report of Classroom Observations: There are nine available fields for reporting classroom observations and should be entered chronologically by school year. If a teacher is new to your building or is split between buildings, please collaborate with the other principal(s) to ensure the classroom observation dates are correctly reflected. If additional observations have been completed, please attach on a separate sheet for inclusion. Professional Growth: This section demonstrates the teacher’s development during the probationary period. Areas that can be incorporated include involvement in Sschool/Ccommunity Aactivities, Ggraduate Ccourse Wwork, and Pprofessional workshops. Strengths: This section highlights specific areas where a teacher excels or has taken notable initiative in school community. Opportunities for Development: As per the Board’s request, the weakness section has been renamed This section is designated to identify area(s) where it would be beneficial for a teacher to continue to grow professionally and what assistance may already be in place to assist the teacher in this development. Under no circumstance should this section be left blank or completed with a statement such as “None Noted”. Major Accomplishments: This section serves as an area to note specific or general accomplishments of the individual teacher. Student/Parent Reactions: This section demonstrates the positive impact of the teacher to students and their parents. Principal’s Recommendation: This section is your recommendation to the Board to award tenure to the teacher. Page 4 of 4 No. 324 Second Reading SECTION: EMPLOYEES WEST CHESTER TITLE: PERSONNEL FILES AREA ADOPTED: August 1, 2015 SCHOOL DISTRICT REVISED: REVIEWED: February 23, 2015 324. PERSONNEL FILES 1. Authority Orderly operation of the school district requires maintaining a file for the retention of all records relative to an individual's duties and responsibilities as an administrative, professional, or support employee of the district. SC 510 The Board requires that sufficient records be maintained to ensure an employee's qualifications for the job held; compliance with federal and state requirements and local benefit programs; conformance with Board policies, administrative regulations, rules and procedures; and evidence of completed evaluations. 2. Delegation of The Board delegates the establishment and maintenance of official personnel records Responsibility to the Superintendent or his/her designee, who shall prepare administrative regulations defining the material to be incorporated into personnel files. 3. Guidelines A central file shall be maintained; supplemental records may be maintained only for ease in data gathering (324AG1-Personnel File Guidelines.) 42 U.S.C. Medical records shall be kept in a file separate from the employee's personnel file. Sec. 2000ff et seq 42 U.S.C. Sec. 12112 Only information that pertains to the professional role of the employee and is submitted by duly authorized administrative personnel or the Board may be entered in the official personnel file. A copy of each entry shall be made available to the employee, except for matters pertaining to pending litigation or criminal investigation. Personnel records shall be available to the Board but only as required in the performance of its designated functions. as a School Board and as approved by a majority vote of the Board. Pol. 800 Personnel files shall be reviewed at intervals established by the district, and material no longer required shall be destroyed. Page 1 of 2 324. PERSONNEL FILES - Pg. 2 Second Reading 43 P.S. Administrative, professional, and support employees shall have access to their own Sec. 1321, 1322 file. Information relative to confidential employment references/recommendations are not part of the personnel file and shall not be available for review by the employee. Title I Schools Title 22 In accordance with law, the district shall release to parents/guardians, upon request, Sec. 403.4 information regarding the professional qualifications and academic degrees of any 20 U.S.C. teacher providing instruction to their child at a school receiving Title I funds. The Sec. 6311, 7801 district shall annually notify parents/guardians at the beginning of the school year Pol. 304 about their right to request such information. Title 22 The district shall notify parents/guardians of students attending Title I schools when Sec. 403.4 their child has been assigned to or taught for four (4) or more consecutive weeks by 20 U.S.C. a teacher who is not highly qualified, as defined by federal law. Sec. 6311, 7801 Title 22 In accordance with law, the district shall release to parents/guardians, upon request, Sec. 403.5 the qualifications of any paraprofessionals who provide instructional support to their 20 U.S.C. child at a school receiving Title I funds. The district shall annually notify Sec. 6311 parents/guardians at the beginning of the school year about their right to request such Pol. 304 information. References: School Code – 24 P.S. Sec. 111, 510 State Board of Education Regulations – 22 PA Code Sec. 8.1 et seq., 403.4, 403.5 Child Protective Services Law – 23 Pa. C.S.A. Sec. 6301 et seq. Inspection of Personnel Files – 43 P.S. Sec. 1321 et seq. No Child Left Behind Act – 20 U.S.C. Sec. 6311, 7801 Genetic Information Nondiscrimination Act of 2008 – 42 U.S.C. Sec. 2000ff et seq. Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq. Immigration Reform and Control, Title 8, Code of Federal Regulations – 8 CFR Sec. 274a.2 Board Policy – 000, 304, 800 Page 2 of 2 No. 324AG1 Second Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 324AG1 – PERSONNEL FILES ADMINISTRATIVE GUIDELINE Personnel history files are to be maintained for all employees. All records, documents and data pertaining to the employment, transfer, promotion, and dismissal of employees and other applicable personal information shall be preserved by the District as required by the law. Types of Personnel Record Files 1. Employee permanent record file to be maintained in the Human Resources Office. 2. Employee school record file to be maintained in the building where the employee is assigned. 3. Department record file to be maintained in the department supervisor's offices. 4. Employee medical file to be maintained in the school medical office where the employee is assigned. 5. Payroll record files to be maintained in the payroll office. General 1. Employees must be given a copy of any information. (favorable or unfavorable ) placed in the employee's file. Employees may attach their own comments to the file. 2. One school record file is to be kept for each employee. In cases of transfer the file is to be sent to the receiving principal. 3. School record files are to contain information for the current and preceding year only. Each year the principal and supervisor are to send the outdated information to the Human Resources Office for retention in the employee’s permanent record file. Duplicate records such as observation forms, etc., which are also maintained in the principal's files, should be destroyed by the supervisors. 4. All employee record files are to be considered private. Permission to review an employee's file must be obtained from the principal or Director of Human Resources. 5. A record should be made of all meetings held to review an employee's performance and a copy given to the employee. (Separate for requirements of evaluation system.) 6. Employees have access to their own file. Arrangements are to be made through the principal or the Director of Human Resources. Page 1 of 2 324AG1 – PERSONNEL FILES ADMINISTRATIVE GUIDELINE - Pg. 2 Second Reading 7. Employees may submit information to be included in their files. 8. Principals are to investigate all complaints. Complaints and the results of the investigation may be placed in files only after review with the employee(s) involved and should comply with item 1 above. Page 2 of 2 No. 328 Second Reading SECTION: EMPLOYEES WEST CHESTER TITLE: COMPENSATION PLANS/ AREA SALARY SCHEDULES SCHOOL DISTRICT ADOPTED: August 1, 2015 REVISED: REVIEWED: February 23, 2015 328. COMPENSATION PLANS/SALARY SCHEDULES 1. Authority The Board shall approve compensation plans, individual contracts, and salary schedules for administrative, professional, and support employees. SC 1164 The administrative-compensation plan shall be determined through a good faith, meet and discuss procedure with designated administrators upon written request of a majority of district administrators. Salary schedules approved by the Board shall be in accordance with those specified in applicable collective bargaining agreements, Compensation/Benefits Guide, and/or Board resolutions. SC 406, 1075, Salary schedules shall be used to set compensation for new and inexperienced 1077, 1089, employees and for experienced employees new to the district, and salary adjustments 1141-1152, that result from earning advanced degrees while employed by the district or required 1162, 1164 by law. 2. Delegation of Implementation of the administrative-compensation plan, individual contracts, Responsibility collective bargaining agreements, Compensation/Benefits Guide, and Board resolutions regarding employee salaries shall be the responsibility of the Superintendent and Director of Human Resources. SC 1149 The Superintendent is authorized to credit past experience of a candidate when recommending salary. 3. Guidelines Professional Employees The Board shall negotiate an agreement with a properly certified collective bargaining unit for professional employees. This agreement shall cover salaries, hours, and terms and conditions of employment for members of the unit. Page 1 of 2 328. COMPENSATION PLANS/SALARY SCHEDULES - Pg. 2 Second Reading Homebound Instruction – Pol. 331 Payment for homebound instruction will be at an hourly rate determined by the Board. Travel reimbursement will be at the rate currently approved by the Board. Substitute Teachers – SC 1148 Substitute teachers shall be paid a daily rate in keeping with the minimum salary Pol. 305 mandated for substitutes under the School Code. The Board may elect to pay substitutes at a higher daily rate. Supplemental Contracts – As permitted by law, the Board shall permit extra compensation for those teachers who are required to devote more than the usual number of hours per day to their jobs because of special assignments. Such compensation shall be in accordance with the collective bargaining agreement with professional employees. In the event of inclement weather, please refer to 328AG1-Guidelines for Pay on Emergency Closing Days. References: School Code – 24 P.S. Sec. 406, 1075, 1077, 1089, 1141-1152, 1162, 1164 Board Policy – 305, 331 Page 2 of 2 No. 328AG1 WEST CHESTER Second Reading ADMINISTRATIVE GUIDELINE AREA APPROVED: SCHOOL DISTRICT REVISED: 328AG1: GUIDELINES FOR PAY ON EMERGENCY CLOSING DAYS The table has been developed to summarize the work schedule expectations for staff in the event of inclement weather or other emergency closings as prescribed in policy 328. Schools and Offices Schools Closed Schools and Offices Schools Late Start/Early Closed Offices Late Start or Late Start/Early Dismiss Dismiss for Students ONLY Early Dismiss Office Remain Open 12-Month Staff Staff does not report. Staff will report at the time Staff will report at the time Staff should work regularly designated. designated. scheduled hours. Staff receives pay for full day. Staff will be paid for any missed Staff will be paid for any Schedule can be adjusted to time due to the late opening/early missed time due to the late coincide with the student hours dismissal. opening/early dismissal. without pay with Immediate Supervisors approval. Immediate Supervisor can approve the make-up of missed time provided the time is made up within 14 days and the maximum time to be made up is 2.5 hours or less. 10-Month Staff Staff does not report. Staff does not report. Staff will report at the time Staff should work regularly designated. scheduled hours. Staff are not paid as the Staff are not paid as the day will be day will be made up made up during the course of the Staff will be paid for any Schedule can be adjusted to during the course of the remaining school year. missed time due to the late coincide with the student hours remaining school year. opening/early dismissal. without pay with Immediate Supervisors approval. Page 1 of 1 No. 621AG1 Second Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA SCHOOL ADOPTED: DISTRICT REVISED: 621AG1. LOCAL TAXPAYERS BILL OF RIGHTS PROCEDURES AND REGULATIONS Section 1 Introduction The Local Taxpayers Bill of Rights Act, 53 Pa.C.S.A §§ 8421-8438 (hereinafter the “Bill of Rights”), requires that every political subdivision levying an Eligible Tax adopt regulations governing the administration and collection of the tax, and setting forth a process of handling appeals from decisions on assessments and refunds. This policy provides the regulations required by the Bill of Rights. The Disclosure Statement also required by the Bill of Rights is provided in a separate document, which is available upon request to the School Board Secretary West Chester Area School District Real Estate Tax Supervisor. Section 2 Definitions, 53 Pa.C.S.A. § 8422 Appeals Board. The School Board Property and Finance Committee. Assessment. The determination by the Tax Administrator of the amount of underpayment by a taxpayer. Eligible Tax. Any of the following taxes specified within the term “eligible tax” under the Bill of Rights, including interest and penalties provided by law, when levied by the governing body of the School District, but specifically not including any real estate tax: (a) Any tax authorized or permitted under the Local Tax Enabling Act, 53 P.S. § 6924.101, et seq. (b) Any mercantile tax. (c) Any occupation, occupation assessment, or occupation privilege tax. School District. West Chester Area School District Local Taxpayers Bill Of Rights. Subchapter C of Act 50 of 1998 of the Pennsylvania General Assembly, 53 Pa.C.S.A. §§ 8421-8438 Overpayment. Any payment of tax that is determined in the manner provided by law not to be legally due. Petition. The Petition for Appeal and Refund described in Section 5. Tax Administrator. The employee, agent, appointed tax collector, elected tax collector, tax collection agency, or other person to whom the governing body of the School District has assigned or delegated responsibility for the audits, assessment, determination, or administration of an Eligible Tax. Under the Bill of Rights, this Tax Administrator is also referred to and defined as the local taxing authority. With respect to the earned income tax, the tax administrator is Keystone Collections Group, 1-866-539-1100. Page 1 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 2 Second Reading With respect to the real estate transfer tax, the tax administrator is the West Chester Area School District, Real Estate Tax Supervisor, 1-484-266-1034. Taxpayer. An individual, partnership, association, corporation, limited liability company, estate, trust, trustee, fiduciary, or any other entity subject to or claiming exemption from any Eligible Tax or under a duty to perform an act for itself or another under or pursuant to the authority of an Eligible Tax levied by the School District. Underpayment. The amount or portion of any Eligible Tax determined to be legally due in the manner provided by law for which payment or remittance has not been made. Voluntary Payment. A payment of an Eligible Tax made pursuant to the free will of the taxpayer. The term does not include a payment made as a result of distraint or levy or pursuant to a legal proceeding in which the Tax Administrator is seeking to collect delinquent Eligible Taxes or file a claim therefor. Section 3 Requirements for Requests for Taxpayer Information, 53 Pa.C.S.A. § 8424 Minimum time periods for taxpayer response (a) The taxpayer shall have at least 30 calendar days from the mailing date to respond to requests for information by the Tax Administrator. The Tax Administrator shall grant a reasonable extension, which must amount to good cause. If the Tax Administrator denies a request for an extension, the Tax Administrator must inform the taxpayer in writing of the basis for the denial and that the taxpayer must immediately provide the requested information. If the Tax Administrator grants an extension request, the Tax Administrator must notify the taxpayer in writing of the amount of extension granted. The amount of any extension granted shall be established by the Tax Administrator in its sole discretion. Generally, an extension will not exceed 30 calendar days in length, and maybe less depending on absent extraordinary circumstances. (b) The Tax Administrator shall notify the taxpayer of the procedures to obtain an extension in its the initial request for information. Please refer to the notice explaining the Request for Extension of Time to Provide Information, which is provided as a separate document. (c) The Tax Administrator shall take no lawful action against the taxpayer for the tax year in question until the expiration of the applicable response period for submission of the information requested, including extensions. For example, the Tax Administrator may not engage in any collection efforts until after the response period expires. Requests for prior year tax returns (a) Except as provided in Subsection (b) below, and initial inquiry by the Tax Administrator regarding a taxpayer’s compliance with any Eligible Tax may include taxes required to be paid for tax returns required to be filed no more than 3 three years prior to the mailing date of inquiry. (b) The Tax Administrator may make an additional subsequent request for a tax return or supporting information if, after the initial request, the Tax Administrator determines that the taxpayer failed to file a tax return, underreported income, or failed to pay a tax for one or more of the tax periods covered by the initial request. Generally, however, the Tax Administrator should not make routine requests for additional prior-year returns. Page 2 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 3 Second Reading (c) Notwithstanding the foregoing, the limitations in this Subsection on subsequent requests for prior-year returns shall not apply if the Tax Administrator has sufficient information to indicate that the taxpayer failed to file a required return or pay pay an Eligible Tax that was due more than 3 three years prior to the date of the inquiry. Thus, in situations involving failure to file required returns or to pay required Eligible Taxes, the Tax Administrator shall have the ability to request prior-year returns due more than 3 three years prior and supporting information. Section 4 Notice of Basis of Underpayment, 53 Pa.C.S.A. § 8427 Use of Federal or State tax information The Tax Administrator may require a taxpayer to provide copies of the taxpayer’s federal individual income tax return if the Tax Administrator can demonstrate that the federal tax information is reasonably necessary for the enforcement or collection of an Eligible Tax and the information is not available from other available sources or the Pennsylvania Department of Revenue. The Tax Administrator may also require a taxpayer to provide copies of the taxpayer’s State individual income tax return. The Tax Administrator must notify the taxpayer in writing of the basis for any underpayment that the Tax Administrator has determined to exist with respect to any Eligible Tax. The purpose of this notification is for the taxpayer to understand the exact reason why the Tax Administrator believes there to be an underpayment. This notification from the Tax Administrator shall be written in a manner calculated to be understood by an average person. The notification must include: (a) The tax period or periods (usually measured in calendar years) for which the underpayment is asserted. (b) The amount of the alleged underpayment of the Eligible Tax detailed by tax period. (c) The legal basis (including any statutory or case law citations) upon which the Tax Administrator has relied to determine that an underpayment of an Eligible Tax exists. (d) An itemization of the changes made by the Tax Administrator to a return or report filed by the taxpayer that results in the determination that underpayment exists. A copy of any revised return or report in the Tax Administrator’s file must be provided to the taxpayer. Filing of Petitions A taxpayer has the legal right to challenge an assessment or denial of refund claim under the Bill of Rights. However, a taxpayer has a right to one appeal only. If the taxpayer loses an assessment appeal, the taxpayer is not entitled to a second refund appeal after paying the tax. In addition, no administrative appeals are provided for other decisions, including but not limited to the denial of an extension of time to provide information or the modification or termination of an installment agreement. The Bill of Rights requires political subdivisions to establish appeals procedures. In order to begin the appeals process, the taxpayer must file, complete, and timely file a petition (the “Petition”). A Petition is timely filed if the letter transmitting the Petition is postmarked by the United States Postal Service or actually received on or before the final day on which the Petition is due. Receipts from carriers other than the United States Postal Service are not accepted as proof of timely filing. Deadlines for filing a petition are as follows: Page 3 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 4 Second Reading (a) Petitions challenging the denial of a refund shall be filed within 3 three years after the due date for filing the report or return as extended or 1 one year after actual payment of the Eligible Tax, whichever is later. If no report or return is required, the Petition shall be filed within 3 three years after the due date for payment of the Eligible Tax or within one 1 year after actual payment, whichever is later. (b) Petitions for reassessment of an Eligible Tax shall be filed within 90 days of the date of the assessment notice that has been sent to the taxpayer by the Tax Administrator. Section 5 Petitions for Appeals of Assessments or Refund of Taxes Paid, 53 Pa.C.S.A. § 8431 Form of Petition The Tax Administrator shall make available a form of Petition for Appeal and Refund. Contents of Petition Any Petition filed under this Section 5 shall (1) state the legal basis for claiming the refund or disagreeing with the Tax Administrator’s assessment; (2) state the tax period or periods (i.e. years) to which it pertains; (3) state the amount of the claim and the type of Eligible Tax detailed by the tax period; (4) include all supporting documentation and calculations; (5) provide the name, address, and telephone number of the taxpayer’s representative, if applicable; (6) include a statement certifying that the facts in the Petition are true and correct, under penalty of perjury, and that the Petition is not filed for purposes of delay; and (7) include such other information as is reasonably requested by the Tax Administrator on the Petition for Appeal and Refund provided to the taxpayer. Decision on Petition The taxpayer’s Petition shall be decided by the Appeals Board based solely on the Petition and record (including information on file and information submitted by the taxpayer). No hearing, oral testimony, or oral argument is required, but can be requested by the taxpayer. The Appeals Board may choose to grant a hearing in its sole discretion. Section 6 Appeals Board, 53 Pa.C.S.A. §§ 8430-8435 The Appeals Board shall consist of the School Board Property and Finance Committee. The Appeals Board shall have at least 3 three but not more than 7 seven members. Qualifications for service on the Appeals Board shall be determined by the School District in its sole discretion. The School District may enter into agreements with other political subdivisions to establish a joint local tax appeals board. (a) The decision by the Appeals Board shall be based solely on the Petition and record. Decisions on Petitions shall be issued within 60 days after the Appeals Board receives the valid, complete, and accurate Petition. Failure of the Appeals Board to act within 60 days shall result in the Petition being deemed approved by the Appeals Board. (b) Any person aggrieved by a decision under this Section 6 who has a direct interest in the decision shall have the right to appeal to the Court of Common Pleas of Chester County, Pennsylvania, which Court is vested with the jurisdiction of local tax appeals by or pursuant to 42 Pa. C.S. § 5571.1. Page 4 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 5 Second Reading (c) Decisions by the Appeals Board may shall be made according to principles of law and equity. Section 7 Conduct of Appeals A taxpayer may or may not choose to be represented by a taxpayer representative for a tax appeal. The taxpayer representative may be a lawyer, certified public accountant, accountant, or other tax advisor possessing appropriate tax training. The taxpayer must submit a written authorization to use a taxpayer representative. A simple letter signed by a taxpayer and notarized that authorizes representation will be accepted as authorization. Such authorization shall include the representative’s name, address, and telephone number. Copies of notices or communications may be sent by the Tax Administrator or other representative of the School District to the taxpayer’s representative. However, the original notice or communication will always be sent directly to the taxpayer. Action taken by the taxpayer’s authorized representative (for example, requesting an extension of time or submitting factual information) shall have the same force and effect as if taken directly by the taxpayer. The final decision of the Appeals Board shall be in writing and signed by a representative of the Appeals Board. The final decision shall be mailed to the taxpayer, with a copy also mailed to the taxpayer’s authorized representative, if applicable. Section 8 Refunds, 53 Pa.C.S.A. § 8425 A taxpayer who has paid an Eligible Tax may file a written request for refund or credit with the Tax Administrator on an Initial Refund Claim Form made available by the Tax Administrator. A request for refund shall be made within 3 three years of the due date, as extended, for filing the report or tax return, or 1 one year after actual payment of the Eligible Tax, whichever is later. If no report is required, the request shall be made within 3 three years after the due date for payment of the Eligible Tax or within 1 one year after actual payment of tax, whichever is later. A tax return filed by the taxpayer showing an overpayment shall be deemed to be a written request for a cash refund unless otherwise indicated on the tax return. A request for refund under this Section 8 shall not be considered a Petition under Section 5 of this Policy and shall not preclude a taxpayer from submitting a Petition under Section 5 of this Policy. For amounts paid as a result of a notice asserting or informing a taxpayer of an underpayment, a written request for refund shall be filed within 1 one year of the date of payment. Section 9 Disclosure Statement and Taxpayer Notice, 53 Pa.C.S.A. § 8423 Any taxpayer contacted by the Tax Administrator regarding the assessment, audit, determination, review, or collection of an Eligible Tax will receive a taxpayer notice. The notice shall be substantially in the following form: “You are entitled to receive a Disclosure Statement that sets forth a written explanation of your rights with regard to the assessment, audit, determination, review, appeal, enforcement, refund, and collection of any local taxes by calling the West Chester Area School District Real Estate Tax Supervisor at (484) 266 - 1034 during the hours of 9:00 AM to 4:00 PM on any weekday other than a holiday. Page 5 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 6 Second Reading You may request a copy in person, by telephone, or by mailing a request to the following address: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 The Disclosure Statement will be made available to a taxpayer upon request at no charge to the taxpayer, including mailing costs. In general, the Tax Administrator will make reasonable efforts to supply the taxpayer with a copy of the Disclosure Statement. Section 10 Interest on Overpayment, 53 Pa.C.S.A. § 8426 General rule All payments of an Eligible Tax made to the School District shall bear simple interest from the date of overpayment of such Eligible Tax until the date of resolution. Exceptions to payments of interest (a) No interest shall be paid if an overpayment is refunded or applied against any other Eligible Tax, interest, or penalty due to the School District within 75 days after the last date prescribed for filing the report or tax return of the tax liability due or within 75 days after such report or return is actually filed, whichever is later. (b) Overpayments of interest or penalties shall not bear any interest. Acceptance of refund check The taxpayer’s acceptance of a refund check from the Tax Administrator or School District shall not prejudice any right of the taxpayer to claim any additional overpayment and interest thereon. Tender of a refund check by the School District shall be deemed to be the taxpayer’s acceptance of the check for purposes of this Subsection. Definitions As used in this Section 10, the following words and phrases shall have the meanings given to them as follows: (a) “Date of overpayment” shall mean the later of the date paid or the date the taxes are deemed to have been overpaid as follows: 1. any tax actually deducted and withheld at the source shall be deemed to have been overpaid on the last day for filing the report for the tax period, determined without regard to any extension of time for filing. 2. Any amount overpaid as estimated tax for the tax period shall be deemed to have been overpaid on the last day for filing the final report for the tax period, determined without regard to any extension of time for filing. 3. An overpayment made before the last day prescribed for payment shall be deemed to have been paid on the last day. Page 6 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 7 Second Reading 4. Any amount claimed to be overpaid with respect to which a lawful administrative review or appellate procedure is initiated shall be deemed to have been overpaid 60 days following the date of initiation of such review or procedure. 5. Any amount shown not to be due on an amended income or earned income and net profits tax return shall be deemed to have been overpaid 60 days following the date of filing of the amended income tax return. (b) “Date of resolution” shall mean the date the overpayment is refunded or credited as follows: 1. For a cash refund, a date preceding the date of the refund check by not more than 30 days. 2. For a credit for an overpayment: (i) the date of the Tax Administrator’s notice to the taxpayer of the determination of the credit; or (ii) the due date for payment of the Eligible Tax against which the credit is applied, whichever first occurs. For a cash refund of a previously determined credit, interest shall be paid on the amount of the credit from a date 90 days after the filing of a request to convert the credit to a cash refund to a date preceding the date of the refund check by not more than 30 days, whether or not the refund check is accepted by the taxpayer after tender. Section 11 Abatement of Certain Interest and Penalty, 53 Pa.C.S.A. § 8428 Errors and delays The purpose of this provision is to provide, in the Tax Administrator’s discretion, a mechanism to reduce interest or penalties where an underpayment is the result of an error or delay in the performance by a representative of the Tax Administrator. Accordingly, in the case of any underpayment, the Tax Administrator, in its sole discretion, may offer to abate all or any part of the interest relating to an Eligible Tax for any period for any one or all of the following reasons: (a) Any underpayment of an Eligible Tax finally determined to be due, which is attributable in whole or in part in to any error or delay by the Tax Administrator in the performance of a ministerial act. For purposes of this paragraph, an error or delay shall be taken into account only if no significant aspect of the error or delay can be attributed to the taxpayer and after the Tax Administrator has contacted the taxpayer in writing with respect to the underpayment of tax finally determined to be due or payable. (b) Any payment of an Eligible Tax to the extent that any error or delay in the payment is attributable to an officer, employee, or agent of the Tax Administrator being erroneous or dilatory in performance of a ministerial act. The Tax Administrator shall determine what constitutes timely performance of ministerial acts performed under this Subsection. Abatement of any penalty or excess interest due to erroneous written advice by the Tax Administrator The Tax Administrator shall reduce any portion of any penalty or excess interest attributable to erroneous advice furnished to the taxpayer in writing by an officer, employee, or agent of the Tax Administrator acting in an official capacity if: (a) The written advice was reasonably relied upon by the taxpayer and was in response to a specific written request of the taxpayer; and Page 7 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 8 Second Reading (b) The portion of the penalty or addition to tax or excess interest did not result from a failure by the taxpayer to provide adequate or accurate information to the Tax Administrator. Notwithstanding the foregoing, it shall be in the sole discretion of the Tax Administrator whether to provide written tax advice to a taxpayer. Taxpayers shall not have any right to compel the Tax Administrator to provide tax advice. Section 12 Application of Payments, 53 Pa.C.S.A. § 8429 Unless otherwise specified by the taxpayer, all voluntary payments of an Eligible Tax shall be prioritized by the Tax Administrator in the following order: (a) Tax (b) Interest (c) Penalty (d) Any other fees or charges The Tax Administrator has the sole discretion to enter into written agreements with any taxpayer under which the taxpayer’s is allowed to satisfy liability for any Eligible Tax in installment payments if the Tax Administrator determines that the installment agreement will facilitate collection. Section 13 Installment Agreements, 53 Pa.C.S.A. § 8436 Extent to which installment agreements remain in effect (a) Except as otherwise provided in this Subsection, any installment agreement entered into by the Tax Administrator shall remain in effect for the term of the agreement. (b) The Tax Administrator may terminate any installment agreement entered into at any time if: 1. Information that the taxpayer provided to the Tax Administrator prior to the date of the installment agreement was inaccurate, false, erroneous, or incomplete in any manner, determined in the reasonable discretion of the Tax Administrator; or 2. The Tax Administrator believes that collection of the Eligible Tax under the installment agreement is in jeopardy. (c) If the Tax Administrator finds that the financial condition of the taxpayer has significantly changed, the Tax Administrator may unilaterally alter, modify, or terminate the installment agreement, but only if the following conditions are satisfied: 1. The Tax Administrator provides a notice of its findings to the taxpayer no later than 30 days prior to the date of change of the installment agreement; and 2. The notice given by the Tax Administrator to the taxpayer identifies the reasons why the Tax Administrator believes a significant change has occurred. (d) The Tax Administrator may unilaterally and without notification alter, modify, or terminate and installment agreement if the taxpayer fails to do any of the following: 1. Pay any installment at the time it is due under the installment agreement; 2. Pay any other liability relating to any other Eligible Tax at the time such liability is due; 3. Provide a financial condition update as requested by the Tax Administrator. Page 8 of 9 621-AG-1 Local Taxpayers Bill of Rights Procedures and Regulations – Pg. 9 Second Reading (e) No administrative appeals are permitted in the event of an alteration, modification, or termination of an installment agreement. However, an appeal may be made to the Court of Common Pleas of Chester County. Prepayment permitted Nothing in this Section 13 shall prevent a taxpayer from prepaying in whole or in part any Eligible Tax under any installment agreement with the Tax Administrator. Section 14 Confidentiality of Tax Information, 53 Pa.C.S.A. § 8437 Any information obtained by the Tax Administrator or Appeals Board, or any of their respective officers, agents, legal counsel, financial accounts, or employees as a result of any audit, assessment, return, report, investigation, hearing, appeal, or verification of a taxpayer shall be confidential tax information. It shall be unlawful, except for official purposes or as otherwise provided by law, for such persons to: (a) Divulge or make known in any manner any confidential information obtained through any audit, return, assessment, investigation, report, appeal, hearing, or verification of a taxpayer to any person other than the taxpayer or the taxpayer’s authorized representative. (b) Permit confidential tax information or any book containing any abstract or particulars thereof to be seen or examined by any person other than the taxpayer or the taxpayer’s authorized representative. (c) Print, publish, or make known in any manner any confidential tax information of the taxpayer. An offense under this Section 14 is a misdemeanor of the third degree and, upon conviction thereof, a fine of not more than $2,500 and costs, or term of imprisonment for not more than one year, or both, may be imposed on the offender. If the offender is an officer or employee of the Tax Administrator or the Appeals Board, the officer or employee shall be dismissed from office or discharged from employment. Section 15 Collections After the final decision of an appeal, or if no appeal is requested by a taxpayer, the Tax Administrator may engage in efforts to collect any Eligible Tax determined to be legally do. Such efforts may include, but shall not be limited to, obtaining additional information, auditing taxpayer records, compromising the amount of tax, interest, or penalty owed, obtaining liens on the taxpayer’s property, or obtaining wage attachments, levies, and seizures of the taxpayer’s property. As provided in Section 13 of this Policy, the Tax Administrator may enter into a written installment agreement with the taxpayer if the Tax Administrator determines that such installment agreement will facilitate collection. The Tax Administrator also reserves the right to seek criminal prosecution of a taxpayer in appropriate circumstances. Page 9 of 9 No. 621-AG-2 First Reading WEST CHESTER ADMINISTRATIVE GUIDELINE AREA ADOPTED: SCHOOL DISTRICT REVISED: 621-AG-2. DISCLOSURE STATEMENT Every taxpayer is obligated to pay all taxes levied by the school district to which the taxpayer is subject. When a required tax return has not been filed, or taxes have not been paid, or a school district has questions about whether a taxpayer has fulfilled all tax obligations, the school district has legal rights to enforce taxpayer obligations. In conjunction with taxpayer obligations and school district rights, the Commonwealth of Pennsylvania has enacted a Local Taxpayers Bill of Rights Act which grants legal rights to taxpayers, and creates obligations for school districts so that equity and fairness control how school districts collect taxes. This document is the Disclosure Statement required by the Local Taxpayers Bill of Rights Act. This document is merely a summary of your rights. For a complete statement of your rights and the obligations of the school district, see 53 Pa.C.S.A. Sections 8421-8438. APPLICABILITY/ELIGIBLE TAXES This Disclosure Statement applies to eligible taxes levied by the school district. For this purpose, eligible taxes include any tax levied by the school district other than real property taxes. The specific eligible taxes levied by the school district are: (1) Earned Income; (2) the Realty Transfer Tax; and (53) any tax authorized or permitted by the Local Tax Enabling Act, 53 P.S. Section 6924.101, et seq. Unless expressly provided in the Local Taxpayers Bill of Rights Act, the failure of any school district representative to comply with any provision of this Disclosure Statement, related regulations, or the Local Taxpayers Bill of Rights Act will not excuse the taxpayer from paying the taxes owed. TAXPAYER RIGHTS AND SCHOOL DISTRICT OBLIGATIONS WHEN THE SCHOOL DISTRICT REQUESTS INFORMATION OR AUDITS TAXPAYER RECORDS Minimum Time Period for Taxpayer Response If the school district contacts you about your tax return or payment of any eligible taxes, it will send you a letter with either a request for more information or a reason why it believes a change to your return or taxes may be needed. If the school district requests more information, then you will have 30 calendar days from the date of the mailing to respond. Reasonable extensions of time will be granted upon application, but for good cause only in the school district’s sole Page 1 of 5 621-AG-2. DISCLOSURE STATEMENT – Pg. 2 First Reading discretion. If granted, the school district will establish the length of the extension, which will not exceed 30 calendar days, absent the taxpayer proving extraordinary circumstances justifying a longer period of time. The school district will notify you of the procedures to obtain an extension with our initial request for your tax information. If you provide the requested information, the school district may or may not agree with your position. If the school district does not agree with you, then it will explain in writing the reasons for asserting that you owe tax (called “an underpayment”). The explanation will include: (1) the tax period or periods for which the underpayment is asserted; (2) the amount of the underpayment detailed by tax period; (3) the legal basis upon which the school district has relied to determine that an underpayment exists; and (4) an itemization of the revisions made by the school district to your return that results in its decision that an underpayment exists. If you agree with the changes, then you should pay the additional tax. Requests for Prior Year Returns The school district’s initial request may only cover taxes required to be paid, or returns required to be filed, as far back as 3 years prior to the mailing date of the request. If the school district determines that you have failed to file a tax return, underreported income, or failed to pay a tax for one or more of the tax periods identified in the initial request, then it may request additional information. The school district may make subsequent requests relating to other taxes or returns if, after the initial request, the school district has sufficient information to indicate that you have failed to file a tax return, underreported income, or failed to pay an eligible tax for one or more of the tax periods covered by the initial request. Use of Federal and State Tax Information The school district may require you to provide copies of federal and Pennsylvania or other state tax returns when the school district can show that the information is reasonably necessary for enforcement or collection of an eligible tax and the information is not available from the Pennsylvania Department of Revenue or other similar and available sources. TAX OVERPAYMENT REFUNDS You may file a claim for a refund (called a “Refund Claim”) if you think you paid too much tax (called an “overpayment”). You must file the Refund Claim within 3 years of the due date for filing the return or 1 year after actual payment of the tax, whichever is later. If no return is required for the tax, then the Refund Claim must be filed within 3 years after the due date for payment of the tax or within 1 year after actual payment of the tax, whichever is later. If your Page 2 of 5 621-AG-2. DISCLOSURE STATEMENT – Pg. 3 First Reading Refund Claim relates to amounts paid as a result of the notice asserting an underpayment of tax, then your Refund Claim must be filed within 1 year of the date of payment. The Refund Claim must be made on forms prescribed by the school district and must include supporting documentation. You can obtain a Refund Claim form by contacting the Board Secretary for the school district West Chester Area School District Real Estate Tax Supervisor. Your Refund Claim must be mailed or delivered to the school district’s tax administrator, at the following address: With respect to the earned income tax: Keystone Collections Group 546 Wendel Road Irwin, PA 15642 With respect to the real estate transfer tax or other eligible taxes: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 If you file a Refund Claim showing an overpayment of tax, the school district will treat that as a request for a cash refund unless you indicate otherwise. TAX APPEALS If the school district notifies you that you owe tax or if your Refund Claim is denied (called an “assessment”) and you do not agree, then you may appeal or seek review by filing a Petition for reassessment within 90 days of the date of the assessment notice. The Petition must either be received by the school district or postmarked by the U.S. Postal Service within this 90-day period. Receipts from other carriers (such as Federal Express) are not accepted as proof of delivery to the school district. Your Petition must explain the legal basis for your position and include all supporting documentation. The Petition must be made on forms prescribed by the school district. You can obtain a Petition form by contacting the Board Secretary Real Estate Tax Supervisor for the school district. Your Petition must be mailed or delivered to the school district’s tax administrator, at the following address: Page 3 of 5 621-AG-2. DISCLOSURE STATEMENT – Pg. 4 First Reading With respect to the earned income tax: Keystone Collections Group 546 Wendel Road Irwin, PA 15642 With respect to the real estate transfer tax or other eligible taxes: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 A decision on your Petition will be made by The School Board Property and Finance Committee within 60 days of the date your complete and accurate Petition is received. If you do not agree with the decision on your Petition, then you may appeal to the Court of Common Pleas of Chester County, Pennsylvania. You must file your appeal to the Court of Common Pleas within 30 days after receiving notice of the decision of The School Board Property and Finance Committee. ENFORCEMENT PROCEDURES Once it has been determined that you owe tax to the school district, it is entitled to take all action legally permitted to enforce its claim against you. Such action may include: • obtaining additional information from you; • auditing your records; • entering into a settlement with you; • filing suit against you before a district justice or in the Court of Common Pleas for Chester County; • filing liens on your property and, in some cases, against an employer or other person responsible for payment of the tax; • executing and attaching your bank accounts; • attaching or requiring an employer to make reductions in your wages or earnings; • levies; and • seizures and sales of your personal property or real estate;. and • any other enforcement procedure available at law or in equity. The school district may also decide to enter into a written agreement with you for the payment of the tax in installments if the school district believes that such an agreement will facilitate collection. The school district may also impose interest and applicable penalties on the tax you Page 4 of 5 621-AG-2. DISCLOSURE STATEMENT – Pg. 5 First Reading owe, and may seek criminal prosecution of you in appropriate circumstances. TAX INFORMATION CONFIDENTIALITY Information gained by the school district as a result of any audit, return, assessment, report, investigation, report, hearing, appeal, hearing, or verification shall be confidential. However, confidentiality will not preclude disclosure of such information for official purposes, whether in connection with legal proceedings or otherwise, and it will not preclude disclosure of such information to the extent permitted by applicable law. TAXPAYER COMPLAINTS If you have a complaint about any action taken by the school district personnel or any other person that may be designated by the school district for the purposes explained in this Disclosure Statement, then you may contact the following in writing: Director of Business Affairs West Chester Area School 829 Paoli Pike West Chester, PA 19380 This individual or other designated person will attempt to facilitate resolution of your complaint by working with the appropriate personnel of the school district or other bodies. Page 5 of 5 No. 621-AG-3 Second Reading ADMINISTRATIVE GUIDELINE WEST CHESTER ADOPTED: AREA SCHOOL DISTRICT REVISED: 621-AG-3. PETITION FOR APPEAL AND REFUND WEST CHESTER AREA SCHOOL DISTRICT CHESTER COUNTY, PENNSYLVANIA PETITION FOR APPEAL AND REFUND Instructions: This form is to be used by taxpayers appealing an assessment of tax or a denial of a refund claim by the school district. Please complete this Petition legibly using blue or black ink, or type. Attach a copy of the assessment notice being appealed, or if seeking a refund, proof that such tax was paid. Please mail or personally deliver this Petition to the school district, at the following address: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 Petitions filed via U.S. Postal Service are considered filed as of the postmark date. Note that receipts from carriers other than the U.S. Postal Service (such as Federal Express) are not accepted as proof of delivery to the school district. Petitions appealing an assessment notice must be received by the within 90 days of the date the notice. Petitions for refunds must be received within the later of: (a) 3 years of the due date for filing the return, or (b) 1 year after actual payment of the tax. Answer all questions below as completely as possible. If an item is not applicable, enter “N/A”. SECTION A: TAXPAYER INFORMATION ______Last Name First Name Middle Initial Street Address: ______ ______City State County Zip Code Page 1 of 4 308698.1 621-AG-3. PETITION FOR APPEAL AND REFUND – Pg. 2 Second Reading Phone Number: (____)______Fax Number: (____)______ Email Address: ______ Previous Street Address (if applicable): ______ ______City State County Zip Code Social Security No.: ______ Taxpayer Identification No.: ______ SECTION B: TAX INFORMATION Type of Tax: ______ Is this Petition for a Refund? _____ Yes _____ No If so, what amount $______ Tax Year: ______Quarter: ______ Assessment Notice Mailing Date: ______ Attach copies of both Local and Federal tax returns for the tax year and 3 years prior to the year challenged. School District: ______ Borough: ______ Township: ______ City: ______ Town: ______ County: ______ SECTION C: TAX REPRESENTATIVE INFORMATION COMPLETE INFORMATION FOR TAX REPRESENTATIVE (if applicable) Send all copies of Correspondence to: ______Representative Page 2 of 4 308698.1 621-AG-3. PETITION FOR APPEAL AND REFUND – Pg. 3 Second Reading ______Last Name First Name Middle Initial Is Representative a (an): ______Attorney ______Certified Public Accountant ______Other Tax Advisor Business Name: ______ Street Address: ______ ______City State County Zip Code Phone Number: (____)______Fax Number: (____)______ SECTION D: RELIEF REQUESTED & ARGUMENTS Explain in detail the relief requested: ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ Explain in detail why the relief above should be granted. Attach additional pages if necessary. Enclose copies of any documents you feel will support your arguments. Petitions for refund must be accomplished by proof of payment of the tax. Page 3 of 4 308698.1 621-AG-3. PETITION FOR APPEAL AND REFUND – Pg. 4 Second Reading ______ ______ ______ ______ ______ ______ ______ ______ SECTION E: SIGNATURE All petitions must be signed by Petitioner or an authorized representative and be accompanied by the penalty of perjury statement below. If signed by an authorized representative, written authorization for the representative to sign on Petitioner’s behalf must accompany the Petition. Under penalties prescribed by law, I hereby certify that this Petition has been examined by me and that to the best of my knowledge, information, and belief, the facts contained in the Petition are true and correct. Signature: ______(Taxpayer or Authorized Representative) Print Name: ______(Taxpayer or Authorized Representative) Title: ______ Date: ______ Page 4 of 4 No. 621AG4 WEST CHESTER Second Reading AREA ADMINISTRATIVE GUIDELINE SCHOOL DISTRICT ADOPTED: REVISED: 621AG4. REQUEST FOR EXTENSION OF TIME TO PROVIDE INFORMATION WEST CHESTER AREA SCHOOL DISTRICT CHESTER COUNTY, PENNSYLVANIA REQUEST FOR EXTENSION OF TIME TO PROVIDE INFORMATION This Notice explains certain rights you have with respect to the request for information. You should read this Notice carefully, as your rights may expire if you do not follow the instructions within prescribed time periods. Under Pennsylvania law, we are required to allow you 30 calendar days to respond to our request for information. This 30-day period is measured from our date of mailing the request for information. You must respond by either providing our tax administrator with the requested information, or by requesting an extension of time in which to provide the information we have requested. If you need an extension of time, please send a written request, specifying the reasons for the extension and the facts supporting those reasons, to the school district’s tax administrator, at the following address: With respect to the earned income tax: Keystone Collections Group 546 Wendel Road Irwin, PA 15642 With respect to the real estate transfer tax or other eligible taxes: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 A reasonable extension of time will may be granted for good cause in the sole discretion of the tax administrator. Absent extraordinary circumstances, we will grant no longer than a 30-day extension. The tax administrator will notify you in writing whether an extension of time has been granted. If the request is granted, the tax administrator will inform you of the length of time of the extension. If your request for an extension of time is denied, the tax administrator will inform you of the basis for the denial and that you must provide the requested information within the original time period or immediately after the tax administrator’s notice of denial, whichever is later. 308698.1 Page 1 of 1 No. 621AG5 Second Reading ADMINISTRATIVE GUIDELINE WEST CHESTER ADOPTED: AREA SCHOOL DISTRICT REVISED: 621AG5. INITIAL REFUND CLAIM FORM WEST CHESTER AREA SCHOOL DISTRICT CHESTER COUNTY, PENNSYLVANIA INITIAL REFUND CLAIM FORM INSTRUCTIONS: This form is to be used by taxpayers seeking an initial claim for refund from the West Chester Area School District. For taxpayers who have been denied an initial refund claim and who wish to appeal such denial, you must file a Petition for Appeal and Refund. Please complete this form legibly using blue or black ink, or type. Attach proof that the tax for which you are seeking a refund was paid. For all taxes, mail this form to the school district’s tax administrator, at the following address: With respect to the earned income tax: Keystone Collections Group 546 Wendel Road Irwin, PA 15642 With respect to the real estate transfer tax or other eligible taxes: West Chester Area School District Attn: Real Estate Tax Supervisor 829 Paoli Pike West Chester, PA 19380 Refund Claims must be received by the tax administrator within the later of: (a) 3 years of the due date for filing the tax return, or (b) 1 year after actual payment of the tax. Refund Claims filed via U.S. Postal Service are considered filed as of the postmark date. Note that receipts from carriers other than the U.S. Postal Service (such as Federal Express) are not accepted as proof of delivery to the school district. Answer all questions below as completely as possible. If an item is not applicable, enter “N/A”. ______Last Name First Name Middle Initial Street Address: ______ ______Page 1 of 4 308698.1 621-AG-5. INITIAL REFUND CLAIM FORM – Pg. 2 Second Reading City State County Zip Code Phone Number: (____)______Fax Number: (____)______ Email Address: ______ Previous Street Address (if applicable): ______ ______City State County Zip Code Social Security No.: ______ Taxpayer Identification No.: ______ SECTION B: TAX INFORMATION Type of Tax: ______ Amount of Refund Claim: $______ Attach copies of both Local and Federal tax returns for the tax year and 3 years prior to year challenged. Tax Year: ______Quarter: ______ School District: ______ Borough: ______ Township: ______ City: ______ Town: ______ County: ______ SECTION C: REPRESENTATION INFORMATION COMPLETE INFORMATION FOR REPRESENTATIVE (if applicable) Send all copies of Correspondence to: ______Representative Page 2 of 4 621-AG-5. INITIAL REFUND CLAIM FORM – Pg. 3 Second Reading ______Last Name First Name Middle Initial Is Representative a (an): ______Attorney ______Certified Public Accountant ______Other Tax Advisor Business Name: ______ Street Address: ______ ______City State County Zip Code Phone Number: (____)______Fax Number: (____)______ SECTION D: EXPLANATION OF REFUND CLAIM & ARGUMENTS Explain in detail why the Refund Claim requested above should be granted. Attach additional pages if necessary. Enclose copies of any documents you feel will support your arguments. Refund Claims must be accomplished by proof of payment of tax. ______ ______ ______ ______ ______ ______ ______ ______ ______ SECTION E: SIGNATURE All Refund Claims jmust be signed by the taxpayer and be accompanied by the following penalty Page 3 of 4 621-AG-5. INITIAL REFUND CLAIM FORM – Pg. 4 Second Reading of perjury statement. Under penalties prescribed by law, I hereby certify that this Refund Claim has been examined by me and that to the best of my knowledge, information, and belief, the facts contained in the Refund Claim are true and correct. Signature: ______(Taxpayer or Authorized Representative) Print Name: ______(Taxpayer or Authorized Representative) Title: ______ Date: ______ Page 4 of 4 No. 625 Second Reading SECTION: FINANCES WEST CHESTER TITLE: PROCUREMENT CARDS AREA ADOPTED: SCHOOL DISTRICT REVISED: 625. PROCUREMENT CARDS 1. Purpose The Board has implemented the Procurement Card program to provide a cost effective, convenient, and decentralized method for purchasing goods, services, and other items for school business purposes only. Procurement cards shall only be for district employees who need to make such purchases. 2. Authority The Board approves the use of procurement cards for permissible purchases by SC 510 designated employees to improve the efficiency of purchasing activities, reduce processing expenses, improve controls for small-dollar purchases, and streamline vendor payment. The Board directs the administration to establish safeguards to prevent misuse of such cards. 3. Definition Procurement card - a corporate charge card designed to reduce the cost and bureaucracy of small-dollar purchases. 4. Delegation of Purchase limits on an assigned procurement card by an individual employee Responsibility shall be determined by the employee’s supervisor, the Superintendent, and the Director of Business Affairs Business Office, when the card is established. All purchases shall conform to existing Business Office procedures and Board policies. A list of authorized users of procurement cards shall be maintained in the Business Office and shall include employees in designated positions. See administrative guideline No. 625-AG-1 for list of card holders and credit thresholds. All use of procurement cards shall be supervised and monitored on a regular basis by the Director of Business Affairs or designee, who shall ensure the use of such cards is in accordance with the funds budgeted for this purpose. Proper accounting procedures for the use of procurement cards shall be developed, distributed, implemented, and monitored by the Director of Business Affairs or designee. An employee authorized to use a procurement card shall maintain adequate security of the card while it is in his/her possession. Under no circumstances may the card be used by another individual. Page 1 of 3 625. PROCUREMENT CARDS - Pg. 2 Second Reading Employees shall be required to report a lost card to the district when the employee discovers that a card is lost. Failing to report a lost card shall be considered improper use of a card. 5. Guidelines The Business Office shall establish a usage agreement to be followed by all district personnel for obtaining and using procurement cards, as well as the required reporting and reconciliations of the card statements and expenditures, which shall be consistent with this policy. Each employee using a district procurement card shall sign a card usage agreement and receive training on applicable policies and procedures. See No. 625 AG-2. Procurement cards shall be used only for authorized district purchases and shall not be used for personal purchases. The district retains the authority to revoke any procurement card used for unauthorized or personal purposes. Pol 317 Procurement cards are for legitimate school business purchases only. Any use of the procurement card other than as set forth in this policy, and/or in violation of any district rules or procedures, shall be considered improper use which may result in disciplinary action, in accordance with Board Policy and the applicable Collective Bargaining Agreement, and shall seek reimbursement of funds for any improper charges. Procurement cards shall not be used for personal use. Any personal charges on the procurement card could be considered misappropriation of District funds. since the card holder cannot pay the bank directly. A procurement card may be revoked at any time based on improper use, change of assignment or location, or for any other reason. The procurement card is not an entitlement to—nor reflective of—a title or position. To limit the District’s liability attributable to fraudulent procurement card charges, the District should only contract with a procurement card vendor which limits the District’s liability to a maximum of $50 per instance. Pol. 317 Violations of this policy by an employee shall result in disciplinary action, in accordance with Board policy. SC 751, 807.1 Procurement cards shall not be used to circumvent the required bidding Pol. 610, 611 process. Purchases over an established amount shall require the use of a purchase order in accordance with established Board policy and procedures. Procurement cards shall not be used for purchases that could be anticipated at the beginning of the school year and would circumvent the required bidding process. Page 2 of 3 625. PROCUREMENT CARDS - Pg. 3 Second Reading The Business Office shall establish a usage agreement to be followed by all district personnel for obtaining and using procurement cards, as well as the required reporting and reconciliations of the card statements and expenditures, which shall be consistent with this policy. See No. 625-AG-2. References: School Code – 24 P.S. Sec. 510, 751, 807.1 Board Policy – 317, 610, 611 Page 3 of 3 No. 103.1 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: NONDISCRIMINATION – AREA QUALIFIED STUDENTS WITH DISABILITIES SCHOOL DISTRICT ADOPTED: REVISED: 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES 1. Authority The Board declares it to be the policy of this district to ensure that all district Title 22 programs and practices are free from discrimination against all qualified students Sec. 4.4, 12.1, with disabilities. The Board recognizes its responsibility to provide academic and 12.4, nonacademic services and programs equally to students with and without disabilities. 15.1 et seq 29 U.S.C. The district shall provide to each qualified student with a disability enrolled in the Sec. 794 district, without cost to the student or parent/guardian, a free and appropriate public 42 U.S.C. education (FAPE). This includes provision of education and related aids, services, or Sec. 12101 et seq accommodations which are needed to afford each qualified student with a disability 28 CFR equal opportunity to participate in and obtain the benefits from educational programs Part 35 and extracurricular activities without discrimination, to the same extent as each 34 CFR student without a disability, consistent with federal and state laws and regulations. Part 104 Pol. 103 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 action be taken for substantiated allegations. Confidentiality of all parties shall be maintained, consistent with the district’s legal and investigative obligations. 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. 2. Definitions Qualified student with a disability - a student who has a physical or mental Title 22 disability which substantially limits or prohibits participation in or access to an Sec. 15.2 aspect of the district’s educational programs, nonacademic services or 42 U.S.C. extracurricular activities. Sec. 12102 Page 1 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 2 Second Reading Title 22 Section 504 Team - a group of individuals who are knowledgeable about the Sec. 15.1 et seq student, the meaning of the evaluation data and the placement options for the 34 CFR student. This could include, as appropriate, documentation or input from classroom Part 104 teachers, counselors, psychologists, school nurses, outside care providers and the student’s parents/guardians. Title 22 Section 504 Service Agreement (Service Agreement) - an individualized plan for a Sec. 15.7 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. Pol. 248 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. 3. Delegation of In order to maintain a program of nondiscrimination practices that is in compliance Responsibility with applicable law and regulations, the Board designates the Director of Secondary 34 CFR Education or designee as the district’s Section 504 Coordinator. Sec. 104.7 In addition, each school within the district shall have a Section 504 building administrator. Title 22 The district shall publish and disseminate this policy and complaint procedure on or Sec. 15.4 before the first day of each school year by posting it on the district’s website, if 34 CFR available, and in the student handbook. The district shall notify parents/guardians of Sec. 104.32 students residing in the district of the district’s responsibilities under applicable law and regulations, and that the district does not discriminate against qualified individuals with disabilities. 4. Guidelines Identification And Evaluation 34 CFR The district shall conduct an annual child find campaign to locate and identify every Sec. 104.32 district student with a disability thought to be eligible for Section 504 services and Pol. 113 protections. The district may combine this search with the district’s IDEA child find efforts, in order to not duplicate efforts. Page 2 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 3 Second Reading Title 22 If a parent/guardian or the district has reason to believe that a student should be Sec. 15.5, 15.6 identified as a qualified student with a disability, should no longer be identified as a 34 CFR qualified student with a disability, or requires a change in or modification of the Sec. 104.35 student’s current Service Agreement, the parent/guardian or the district shall provide the other party with written notice. 34 CFR The district shall establish standards and procedures for initial evaluations and Sec. 104.35 periodic re-evaluations of students who need or are believed to need related services because of a disability. 34 CFR The district shall specifically identify the procedures and types of tests used to Sec. 104.35 evaluate a student, and provide the parent/guardian the opportunity to give or withhold consent to the proposed evaluation(s) in writing. 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 Title 22 If a student is determined to be a qualified student with a disability, the district shall Sec. 15.7 develop a written Service Agreement for the delivery of all appropriate aids, services, or accommodations necessary to provide the student with FAPE. Title 22 The district shall not implement a Service Agreement until the written agreement is Sec. 15.7 executed by a representative of the district and a parent/guardian. Title 22 The district shall not modify or terminate a student’s current Service Agreement Sec. 15.5 without the parent’s/guardian’s written consent. Educational Programs/Nonacademic Services/Extracurricular Activities Title 22 The district shall educate a qualified student with a disability with students who are Sec. 15.3 not disabled to the maximum extent appropriate to the needs of the student with a 34 CFR disability. A qualified student with a disability shall be removed from the regular Sec. 104.34 educational environment only when the district determines that educating the student Page 3 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 4 Second Reading 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. Title 22 The district shall not discriminate against any qualified student with a disability in its Sec. 15.3 provision of nonacademic services and extracurricular activities, including but not 34 CFR limited to, counseling services, athletics, transportation, health services, recreational Sec. 104.34, activities, special interest groups or clubs, and referrals to agencies which provide 104.37 assistance to individuals with disabilities. Pol. 112, 122, 123, 810 Parental Involvement Title 22 Parents/Guardians have the right to inspect and review all relevant school records of Sec. 15.6, 15.7, the student, meet with the appropriate school officials to discuss any and all issues 15.8 relevant to the evaluation and accommodations of their child, and give or withhold 34 CFR their written consent to the evaluation and/or the provision of services. Sec. 104.35 Confidentiality Of Student Records Title 22 All personally identifiable information regarding a qualified student with a disability Sec. 15.9 shall be treated as confidential and disclosed only as permitted by the Family Pol. 216 Educational Rights and Privacy Act (FERPA) and its implementing regulations, state regulations, and Board policy. Discipline Pol. 218, 233 When necessary, the district shall discipline qualified students with disabilities in accordance with state and federal laws and regulations and Board policies. Referral To Law Enforcement And Reporting Requirements SC 1303-A For reporting purposes, the term incident shall mean an instance involving an act of Title 22 violence; the possession of a weapon; the possession, use, or sale of a controlled Sec. 10.2 substance or drug paraphernalia as defined in the Pennsylvania Controlled 35 P.S. Substance, Drug, Device and Cosmetic Act; the possession, use, or sale of alcohol or Sec. 780-102 tobacco; or conduct that constitutes an offense listed under the Safe Schools Act. Page 4 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 5 Second Reading SC 1302.1-A The Superintendent or designee shall immediately report required incidents and may Title 22 report discretionary incidents committed on school property, at any school- Sec. 10.2, 10.21, sponsored activity or on a conveyance providing transportation to or from a school 10.22, 10.23, or school-sponsored activity by a qualified student with a disability, including a 10.25, 15.2, student for whom an evaluation is pending, to the local police department that has 15.3, 15.7, jurisdiction over the school’s property, in accordance with state and federal laws and 15.9 regulations, the procedures set forth in the memorandum of understanding with local Pol. 113.2, 218, law enforcement, and Board policies. The Superintendent or designee shall respond 218.1, 218.2, in a manner that is consistent with the student’s Service Agreement and Behavior 222, 227, Support Plan, if applicable. 805.1 Title 22 In making a determination of whether to notify the local police department of a Sec. 10.22, 15.1 discretionary incident committed by a qualified student with a disability, including a Pol. 103, 805.1 student for whom an evaluation is pending, the Superintendent or designee shall use the same criteria used for students who do not have a disability. Title 22 For a qualified student with a disability who does not have a Behavior Support Plan Sec. 10.23, 15.7 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. SC 1303-A In accordance with state law, the Superintendent shall annually, by July 31, report to Pol. 805.1 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. PROCEDURAL SAFEGUARDS Title 22 The district shall establish and implement a system of procedural safeguards that Sec. 15.8 includes notice of rights to the parent/guardian of a student suspected of being a 34 CFR qualified student with a disability, an opportunity for the parent/guardian to review Sec. 104.36 relevant records, an impartial hearing with an opportunity for participation by the student’s parent/guardian, and a review procedure. Title 22 A student or parent/guardian filing a claim of discrimination need not exhaust these Sec. 15.6 procedures prior to initiating court action under Section 504. Page 5 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 6 Second Reading Parental Request For Assistance Title 22 Parents/Guardians may file a written request for assistance with the Pennsylvania Sec. 15.8 Department of Education (PDE) if one (1) or both of the following apply: 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. Title 22 PDE shall investigate and respond to requests for assistance and, unless exceptional Sec. 15.8 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. Informal Conference Title 22 At any time, parents/guardians may file a written request with the district for an Sec. 15.8 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 reasonable effort shall be made to reach an amicable agreement. Formal Due Process Hearing Title 22 If the matters raised by the district or parents/guardians are not resolved at the Sec. 14.162, informal conference, the district or parents/guardians may submit a written request 15.8 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. Judicial Appeals Title 22 The decision of the impartial hearing officer may be appealed to a court of Sec. 15.8 competent jurisdiction. Page 6 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 7 Second Reading COMPLAINT PROCEDURE Pol. 103 This complaint procedure is in addition to and does not prevent parents/guardians from using any option in the procedural safeguards system. Step 1 – Reporting A student or parent/guardian 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 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. 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 is encouraged to use the report form available from the Section 504 building administrator, but oral complaints shall be acceptable. Oral complaints shall be documented by the Section 504 building administrator. Step 2 – Investigation 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 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. If the investigation results in a determination that the conduct being investigated may involve a violation of criminal law, the Section 504 building administrator shall inform law enforcement authorities about the incident. 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. Page 7 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 8 Second Reading Step 3 – Investigative Report The Section 504 building administrator shall prepare and submit a written report to the Section 504 Coordinator 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. 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 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 is not satisfied with a finding of no violation of the policy or with the recommended corrective action, 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 investigation. 3. The Section 504 Coordinator 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 Section 504 building administrator who conducted the initial investigation. Page 8 of 9 103.1. NONDISCRIMINATION – QUALIFIED STUDENTS WITH DISABILITIES - Pg. 9 Second Reading References: School Code – 24 P.S. Sec. 1302.1-A, 1303-A PA Controlled Substance, Drug, Device and Cosmetic Act – 35 P.S. Sec. 780-102 State Board of Education Regulations – 22 PA Code Sec. 4.4, 10.2, 10.21, 10.22, 10.23, 10.25, 12.1, 12.4, 14.162, 15.1 et seq. Family Educational Rights and Privacy Act – 20 U.S.C. Sec. 1232g Section 504 of the Rehabilitation Act of 1973 – 29 U.S.C. Sec. 794 Americans With Disabilities Act – 42 U.S.C. Sec. 12101 et seq. Nondiscrimination on the Basis of Disability, Title 28, Code of Federal Regulations – 28 CFR Part 35 Family Educational Rights and Privacy Act, Title 34, Code of Federal Regulations – 34 CFR Part 99 Nondiscrimination on the Basis of Handicap, Title 34, Code of Federal Regulations – 34 CFR Part 104 Board Policy – 103, 112, 113, 113.2, 122, 123, 216, 218, 218.1, 218.2, 222, 227, 233, 248, 805.1, 810 Page 9 of 9 No. 116 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: TUTORING AREA ADOPTED: SCHOOL DISTRICT REVISED: 116. TUTORING 1. Purpose The Board recognizes that some students may require special help beyond the regular classroom program. 2. Guidelines Wherever possible within the working day, each teaching staff member shall assist Title 22 assigned students in the remediation of individual learning difficulties. Sec. 4.52 In cases where extra help is desirable and the parents/guardians request such assistance, the building principal or his/her designee may recommend that the parents/guardians secure tutorial services for the student from a list of available tutors maintained by the school. The tutoring list is informational only. The responsibility and liability of the selection of a tutor is the sole responsibility of the parent/guardian. Excusal From School Title 22 Upon the written request of the parent/guardian, a student may be excused during Sec. 11.22 school hours for tutoring in a field not offered in the district curriculum if such excusal does not interfere with the student's regular program of studies. The tutor's qualifications must be approved by the Superintendent. The district may establish reasonable conditions for excusal of a student for such tutoring. Private Tutoring SC 1327 The instructional program for students not enrolled in public schools due to private Title 22 tutoring by a qualified tutor shall comply with state law and regulations. Sec. 11.31 The parent/guardian shall provide written assurance that all instructional requirements are being met. Page 1 of 2 116. TUTORING - Pg. 2 Second Reading Title 22 When the Superintendent receives a complaint that a student is not being provided Sec. 11.31 the required instruction or that a student is not making satisfactory progress, the Superintendent may request evidence of the student's academic progress and documentation that instruction is being provided for the required number of days and hours. Title 22 Evidence of satisfactory progress may include samples of student work, Sec. 11.31 assignments, progress reports, report cards and evaluations. Documentation of instructional time may include logs maintained by the tutor or parent/guardian, attendance records, or other records indicating the dates and time instruction was provided. References: School Code – 24 P.S. Sec. 1327 State Board of Education Regulations – 22 PA Code Sec. 4.52, 11.22, 11.31 Page 2 of 2 No. 117 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: HOMEBOUND INSTRUCTION AREA ADOPTED: SCHOOL DISTRICT REVISED: 117. HOMEBOUND INSTRUCTION 1. Authority The Board District shall provide homebound instruction to students confined to SC 1329 home or hospital for physical disability, illness, injury, urgent reasons, or when such Title 22 confinement is recommended for psychological or psychiatric reasons. The period of Sec. 11.25 homebound instruction for an individual shall not exceed three (3) months. two (2) six week sessions per year. 2. Delegation of Application for homebound instruction shall certify the nature of the illness or Responsibility disability, state the probable duration of the confinement, and be recommended by SC 1329 the Superintendent. Title 22 Sec. 11.25 The Superintendent shall forward a recommendation for homebound instruction to the Board for approval. Title 22 The Superintendent or his/her designee may request approval from the Department Sec. 11.25 of Education to extend the period of homebound instruction for an individual, which shall be re-evaluated every three (3) months. 3. Guidelines The Board District shall provide homebound instruction only for those confinements expected to last at least ten (10) 15 school days. Exceptions may be recommended by the Superintendent. The program of homebound instruction provided to each student shall be in accordance with the standards established by the state. The Board District reserves the right to withhold homebound instruction when any one (1) of the following occurs: 1. The instructor's presence in the place of a student's confinement presents a hazard to the health of the teacher. 2. A parent/guardian or other adult in authority is not present with the student during the hours of instruction. Page 1 of 2 117. HOMEBOUND INSTRUCTION - Pg. 2 Second Reading 3. The condition of the student precludes any benefit from such instruction. References: School Code – 24 P.S. Sec. 1329 State Board of Education Regulations – 22 PA Code Sec. 11.25 Page 2 of 2 No. 132 Second Reading SECTION: PROGRAMS WEST CHESTER TITLE: ALTERNATIVE EDUCATION AREA ADOPTED: SCHOOL DISTRICT REVISED: 132. ALTERNATIVE EDUCATION 1. Purpose The Board recognizes that a limited number of students tend to create disruption within the school system and interfere with other students’ learning experiences. Alternative education programs are necessary to assist such students in developing skills to improve their ability to remain within the school program and to create positive attitudes regarding completion of their education. 2. Authority The Board may implement alternative education programs at the district or SC 1901-C contract with other entities for such programs. et seq, 1901-E et seq 3. Definitions Disruptive student - a student who poses a clear threat to the safety and welfare SC 1901-C of other students or the school staff, who creates an unsafe school environment or whose behavior materially interferes with the learning of other students or disrupts the overall educational process. The disruptive student exhibits to a marked degree any or all of the following conditions: 1. Disregard for school authority, including persistent violation of Board policy and rules.; 2. Display or use of controlled substances on school property or during school- affiliated activities.; 3. Violent or threatening behavior on school property or during school- affiliated activities.; 4. Possession of a weapon on school property.; 5. Commission of a criminal act on school property or during school-affiliated activities.; Page 1 of 5 132. ALTERNATIVE EDUCATION - Pg. 2 Second Reading Pol. 233 6. Misconduct that would merit suspension or expulsion under Board policy.; and/or 7. Habitual truancy. SC 1901-C No student who is eligible for special education services pursuant to law shall be 20 U.S.C. deemed a disruptive student, except as provided for by law. Sec. 1400 et seq Pol. 113, 113.1 Student formerly adjudicated delinquent or convicted of a crime - a student returning from a placement, who is on probation resulting from being adjudicated delinquent, or who has been convicted of committing a crime in an adult criminal proceeding. 4. Guidelines Alternative education programs shall only be utilized for middle and high school students. Alternative education programs shall comply with state and federal laws and regulations. Student progress in alternative education programs shall be periodically reviewed and evaluated, minimally at the end of each semester, to determine the appropriateness of returning to the regular classroom. Disruptive Students Disruptive students shall be considered for placement in alternative education programs on a case-by-case basis at the superintendent’s sole discretion. Students shall be entitled to informal hearings prior to being placed in alternative education programs. Students Formally Adjudicated Delinquent Or Convicted Of A Crime Students formally adjudicated delinquent or convicted of a crime shall be considered for placement in alternative education programs on a case-by-case basis upon return to the district at the superintendent’s sole discretion. Factors considered by the district may include, but are not limited to, whether the incident causing the adjudication occurred at school or a school-sponsored event, the student’s behavior in placement, and the recommendations of teachers and other adults, such as the juvenile probation officer and residential treatment staff, who have worked with the student. Page 2 of 5 132. ALTERNATIVE EDUCATION - Pg. 3 Second Reading Students shall be entitled to informal hearings prior to being placed in alternative education programs. Transfer Students When a student transfers from a public or private school during a period of expulsion for an act or an offense involving a weapon, the district may place that student in an alternative education program, provided the assignment does not exceed the period of expulsion. The student shall be entitled to an informal hearing prior to being placed in an alternative education program. Students Subject To Expulsion Hearings Pol. 233 Students subject to expulsion hearings in accordance with Board policy, who are required to be provided with alternative education or alternative school, may be placed in an alternative education program. Pol. 233 Students shall have hearing rights in accordance with Board policy. Special Education Students 20 U.S.C. Placement of a special education student into an alternative education program Sec. 1400 et seq shall be in compliance with the Individuals With Disabilities Education Act and Pol. 113.1, 113.2 all other federal and state laws and regulations. Informal Hearing When a suspension exceeds three (3) school days, the student and parent/guardian shall be given the opportunity for an informal hearing with the designated school official. Informal hearings under this provision shall be conducted by the building principal or his/her designee. An informal hearing shall be held to bring forth all relevant information regarding the event for which the student may be assigned to an alternative education program and for the student, his/her parents/guardians, and school officials to discuss concrete strategies for avoiding future offenses. Notification of the reason for the recommendation of assignment shall be given Page 3 of 4 132. ALTERNATIVE EDUCATION - Pg. 4 Second Reading in writing to the student and his/her parents/guardians. Sufficient notice of the time and place of the informal hearing shall be given. The student has the right to question any witnesses present at the hearing. The student has the right to speak and produce witnesses on his/her own behalf. The district shall hold the informal hearing prior to placement; however, if the student’s presence in the regular classroom poses a danger to persons or property or provides a disruption of academic progress, immediate placement in an alternative education program may occur with the informal hearing to follow as soon as practicable. References: School Code – 24 P.S. Sec. 1901-C et seq., 1901-E et seq. State Board of Education Regulations – 22 PA Code Sec. 12.8 Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq. Individuals With Disabilities Education Act, Code of Federal Regulations – 34 CFR Part 300 Board Policy – 113, 113.1, 113.2, 204, 218, 218.1, 218.2, 227, 233 Page 4 of 4 No. 210 Second Reading SECTION: PUPILS WEST CHESTER TITLE: MEDICATIONS AREA ADOPTED: SCHOOL DISTRICT REVISED: 210. MEDICATIONS 1. Purpose The Board shall not be responsible for the diagnosis and treatment of student illness. The administration of prescribed medication to a student during school hours in accordance with the direction of a parent/guardian and licensed prescriber will be permitted only when failure to take such medicine would jeopardize the health of the student or the student would not be able to attend school if the medicine were not available during school hours. 2. Definitions For purposes of this policy, medication shall include all medicines prescribed by a licensed prescriber and any over-the-counter medicines. For purposes of this policy, licensed prescribers shall include licensed physicians (M.D. and D.O.), podiatrists, dentists, optometrists, certified registered nurse practitioners, and physicians assistants. 3. Authority The Board directs all district employees to comply with the Pennsylvania Department of Health’s Guidelines for Pennsylvania Schools for the Administration of Medications and Emergency Care. SC 510 Before any medication may be administered to or by any student during school Title 22 hours, the Board shall require the written request of the parent/guardian, giving Sec. 12.41 permission for such administration. 4. Delegation of The Superintendent or his/her designee, in conjunction with the Certified School Responsibility Nurse (CSN), shall develop administrative regulations for the administration and self-administration of students’ medications. All medications shall be administered by the Certified School Nurse, or in the absence of the Certified School Nurse by other licensed school health staff (RN, LPN), except as otherwise noted in this policy. 42 Pa. C.S.A. In the event of an emergency, a district employee may administer an epinephrine Sec. 8337.1 pen/inhaler or other medication allowed by law, when s/he believes, in good faith, that a student needs emergency care. Page 1 of 5 210. MEDICATIONS - Pg. 2 Second Reading Pol. 103.1, 113 The Certified School Nurse shall collaborate with parents/guardians, district administration, faculty, and staff to develop an individualized healthcare plan, or 504 plan, or IEP to best meet the needs of individual students with documented medical needs. The policy and administrative regulations for administration of medications shall be reviewed, at least every two (2) years, by a committee consisting of the Certified School Nurse, school physician, school dentist, designated administrators, and revised as necessary. 5. Guidelines The district shall inform all parents/guardians, students, and staff about the policy and administrative regulations governing the administration of medications. All standing medication orders and parental consents shall be renewed at the beginning of each school year. SC 1409 Student health records shall be confidential and maintained in accordance with state Pol. 216 and federal laws and regulations and the Department of Health Guidelines. SC 1414.1 Students may possess and use asthma inhalers and epinephrine auto-injectors when Pol. 210.1 permitted in accordance with state law and Board policy. Delivery And Storage Of Medications All medication shall be brought to the nurse’s office, or the main office if the nurse is in another building, by the parent/guardian or by another adult designated by the parent/guardian. All medication shall be stored in the original pharmacy-labeled container and kept in a locked cabinet designated for storage of medication. Medications that require refrigeration shall be stored and locked in a refrigerator designated only for medications. The district shall not store more than a thirty-day supply of an individual student’s medication. Medication should be recorded and logged in with the date, name of student, name of medication, amount of medication, and signatures of the parent/guardian or designated adult delivering the medication and the school health personnel receiving the medication. Nonprescription medication must be delivered in its original packaging and labeled with the student’s name. Prescription medication shall be delivered in its original packaging and labeled with: Page 2 of 5 210. MEDICATIONS - Pg. 3 Second Reading 1. Name, address, telephone, and federal DEA (Drug Enforcement Agency) number of the pharmacy. 2. Student’s name. 3. Directions for use (dosage, frequency and time of administration, route, special instructions). 4. Name and registration number of the licensed prescriber. 5. Prescription serial number. 6. Date originally filled. 7. Name of medication and amount dispensed. 8. Controlled substance statement, if applicable. All medication shall be accompanied by a completed Medication Administration Consent and Licensed Prescriber’s Medication Order Form, or other written communication from the licensed prescriber. Disposal Of Medications Procedures shall be developed for the disposal of medications consistent with the Department of Health Guidelines, which shall include: 1. Guidelines for disposal of contaminated needles or other contaminated sharp materials immediately in an appropriately labeled, puncture resistant container. 2. Processes for immediately returning to parents/guardians all discontinued and outdated medications, as well as all unused medications at the end of the school year. 3. Methods for safe and environmentally friendly disposal of medications. 4. Proper documentation of all medications returned to parents/guardians and for all medications disposed of by the Certified School Nurse or other licensed school health staff. Documentation shall include, but not be limited to, date, time, amount of medication, and appropriate signatures. Page 3 of 5 210. MEDICATIONS - Pg. 4 Second Reading Student Self-Administration Of Emergency Medications Pol. 210.1 Prior to allowing a student to self-administer emergency medication, the district shall require the following: 1. An order from the licensed prescriber for the medication, including a statement that it is necessary for the student to carry the medication and that the student is capable of self-administration. 2. Written parent/guardian consent. 3. An Individual Health Plan, 504 plan, or IEP, including an Emergency Care Plan. 4. The nurse shall conduct a baseline assessment of the student’s health status. 5. The student shall demonstrate administration skills to the nurse and responsible behavior. The nurse shall provide periodic and ongoing assessments of the student’s self- management skills. The student shall notify the school nurse immediately following each occurrence of self-administration of medication. Students shall demonstrate a cooperative attitude in all aspects of self-administration of medication. Privileges for self-administration of medication will be revoked if school policies regarding self-administration are violated. Administration Of Medication During Field Trips And Other School-Sponsored Activities Pol. 121 The Board directs planning for field trips and other school-sponsored activities to start early in the school year and to include collaboration between administrators, teachers, nurses, appropriate parents/guardians, and other designated health officials. Considerations when planning for administration of medication during field trips and other school-sponsored programs and activities shall be based on the student’s individual needs and may include the following: 1. Assigning school health staff to be available. Page 4 of 5 210. MEDICATIONS - Pg. 5 Second Reading 2. Utilizing a licensed person from the school district’s substitute list. 3. Contracting with a credible agency which provides temporary nursing services. 4. Utilizing licensed volunteers via formal agreement that delineates responsibilities of both the school and the individual. 5. Addressing with parent/guardian the possibility of obtaining from the licensed prescriber a temporary order to change the time of the dose. 6. Asking parent/guardian to accompany the child on the field trip, with proper clearances. 7. Arranging for medications to be provided in an original labeled container with only the amount of medication needed. Security procedures shall be established for the handling of medication during field trips and other school-sponsored activities. References: School Code – 24 P.S. Sec. 510, 1401, 1402, 1409, 1414.1 State Board of Education Regulations – 22 PA Code Sec. 12.41 Civil Immunity of School Officers or Employees Relating to Emergency Care, First Aid or Rescue – 42 Pa. C.S.A. Sec. 8337.1 Pennsylvania Department of Health “Guidelines for Pennsylvania Schools for the Administration of Medications and Emergency Care” March 2010 Board Policy – 000, 103.1, 113, 121, 210.1, 216 Page 5 of 5 No. 251 First Reading SECTION: PUPILS WEST CHESTER TITLE: HOMELESS STUDENTS AREA ADOPTED: SCHOOL DISTRICT REVISED: 251. HOMELESS STUDENTS 1. Authority The Board recognizes its obligation to ensure that homeless students have access to SC 1306 the same educational programs and services provided to other district students. The Title 22 Board shall make reasonable efforts to identify homeless children within the district, Sec. 11.18 encourage their enrollment, and eliminate existing barriers to their attendance and 42 U.S.C. education, in compliance with federal and state law and regulations. Sec. 11431 et seq The Board may waive policies, procedures, and administrative regulations that create barriers for enrollment, attendance, transportation, and success in school of homeless students, based on the recommendation of the Superintendent. 2. Definitions Homeless students are defined as individuals lacking a fixed, regular, and 42 U.S.C. adequate nighttime residence, which may include the following conditions; as Sec. 11434a determined by the superintendent or his/her designee: 1. Sharing the housing of other persons due to loss of housing, economic hardship, or similar reason. 2. Living in motels, hotels, trailer parks, or camping grounds due to lack of alternative adequate accommodations. 3. Living in emergency, transitional, or domestic violence shelters. 4. Abandoned in hospitals. 5. Awaiting foster care placement. 6. Using public or private places not designed for or ordinarily used as regular sleeping accommodations for human beings, as a primary nighttime residence. 7. Living in cars, parks, public spaces, abandoned buildings, substandard housing, transportation stations, or similar settings. 8. Living as migratory children in conditions described in previous examples. Page 1 of 4 251. HOMELESS STUDENTS - Pg. 2 First Reading 9. Living as run-away children, abandoned, or forced out of homes by parents/guardians or caretakers, or separated from parents/guardians for any other reason. 10. Living as school age parents/guardians in houses for school age parents/guardians if they have no other living accommodations. School of origin is defined as the school the student attended when permanently housed or the school in which the student was last enrolled. 3. Delegation of The Board designates the Superintendent or his/her designee to serve as the Responsibility district's liaison for homeless students and families. 42 U.S.C. The district's liaison shall coordinate with: Sec. 11432 1. Local service agencies that provide services to homeless children and youth and families. 2. Other school districts on issues of records transfer and transportation. 3. State and local housing agencies responsible for comprehensive housing affordability strategies. 42 U.S.C. The district's liaison shall provide public notice of the educational rights of homeless Sec. 11432 students in schools, family shelters, and soup kitchens. 4. Guidelines Students shall not be discriminated against, segregated nor stigmatized based on 42 U.S.C. their status as homeless. Sec. 11432 Enrollment/Placement 42 U.S.C. To the extent feasible, and in accordance with the student's best interest, a homeless Sec. 11432 student shall continue to be enrolled in his/her school of origin while s/he remains homeless or until the end of the academic year in which s/he obtains permanent housing. Parents/Guardians of a homeless student may request enrollment in the school in the attendance area where the student is actually living or other schools. If a student is unaccompanied by a parent/guardian, the district liaison will consider the views of the student in determining where s/he will be enrolled. Page 2 of 4 251. HOMELESS STUDENTS - Pg. 3 First Reading 42 U.S.C. The selected school shall immediately enroll the student and begin instruction, Sec. 11432 even if the student is unable to produce records normally required for enrollment Pol. 200, 203, pursuant to district policies. However, the district may require a parent/guardian to 204, 209, submit contact information. The district liaison may contact the previous school for 216 oral confirmation of immunizations, and the school shall request records from the previous district, pursuant to Board policy. If the district is unable to determine the student's grade level due to missing or incomplete records, the district shall administer tests or utilize appropriate means to determine the student's placement. If a dispute arises over school selection or enrollment, the student shall be immediately enrolled in the school in which enrollment is sought, pending resolution of the dispute. The parents/guardians shall be provided with a written explanation of the district's decision, their right to appeal and the procedures to use for the appeal. Services SC 1306 Homeless students shall be provided services comparable to those offered to other 42 U.S.C. district students including, but not limited to, transportation services; school Sec. 11432 nutrition programs; vocational programs, and technical education; preschool programs; programs for students with limited English proficiency; and educational services for which students meet eligibility criteria, such as programs for disadvantaged students, students with disabilities, and gifted and talented students. Transportation SC 1306 The district shall provide transportation for homeless students to their school of 42 U.S.C. origin or the school they choose to attend within the school district. Sec. 11432 42 U.S.C. If the school of origin is outside district boundaries or homeless students live in Sec. 11432 another district but will attend their school of origin in this district, the school districts shall agree upon a method to apportion the responsibility and costs of the transportation. Page 3 of 4 251. HOMELESS STUDENTS - Pg. 4 First Reading References: School Code – 24 P.S. Sec. 1306 State Board of Education Regulations – 22 PA Code Sec. 11.18, 403.1 No Child Left Behind Act – 20 U.S.C. Sec. 6301 et seq. Education For Homeless Children – 42 U.S.C. Sec. 11431 et seq. Family Educational Rights and Privacy Act, Title 34, Code of Federal Regulations – 34 CFR Part 99 Guidelines for Enrollment of Homeless Children – Federal Register, 67 Fed. Reg. 10698 PA Education for Homeless Children and Youth State Plan Board Policy – 000, 200, 203, 204, 209, 216, 810 Page 4 of 4 WEST CHESTER AREA SCHOOL DISTRICT August 24, 2015 SCHOOL BOARD MEETING CONSENT AGENDA RESOLUTION Approval of School Board Treasurer’s Report and Statement of Disbursements Summary Schedule for the Period of July 1, 2015 to July 31, 2015 The Treasurer’s Report includes the schedules of the School District’s cash balances for the General Fund, Activity/Trust Funds, and Cafeteria Fund; the investments schedule for the General Fund, Capital Reserve and Capital Project Funds; the schedule of disbursements for all funds, and the debit memos and check register for all funds. The Statement of Disbursements Summary Lists total expenditures by fund for the period of July 1 to July 31, 2015. Approval is requested for the Treasurer’s Report and the disbursements listed on the Statement of Disbursements Summary for the period of July 1 to July 31, 2015 totaling $20,597,881.11. I so move. The Treasurer’s Report is available in its entirety on the business office webpage and in the Board Meeting packet posted on School Board webpage at www.wcasd.net. Please contact the School Board Secretary for any hard copies of the report. Dr. Suzanne K. Moore School Board Treasurer WEST CHESTER AREA SCHOOL DISTRICT August 24, 2015 SCHOOL BOARD MEETING CONSENT AGENDA RESOLUTION Approval of the July 31, 2015 Financial Report Approval is requested for the West Chester School District Financial Report for the month ending July 31, 2015. I so move. 2015-16 General Fund Financial Analysis The expenses and revenues as of July 2015 represent only one month of the District’s 2015-16 fiscal year and therefore show very little activity. We have received local revenues totaling $31.8 million or 14.4% of our budget. Due to the lack of a state budget, the District has not recognized any state subsidies so far this year. We will continue to monitor the progress of the state budget approval and will update the Board once additional information is received. We have budgeted $225.7 million in expenses and $220.6 million in revenues this year and we budgeted to use $5.1 million of our fund balance to close the gap between the expenses and revenues. At this point we have not revised any of our expenses or revenues for the 2015-16 year. On the other hand, based on preliminary 2014-15 year-end results, we project changes in the District’s beginning fund balances for the 2015-16 year. The overall fund balance increase is $1.7 million which represents $957 thousand less in the healthcare stabilization fund offset by $2.7 million more in other fund balance categories that can be used to close the budget gap for 2016-17. This concludes the financial report. Dr. Suzanne K. Moore, School Board Treasurer August 18, 2015