All school employees shall be held responsible for familiarizing themselves with the printed policies of the Board and shall be held accountable for compliance. Nothing contained in this policy manual may be construed by employees as granting or guaranteeing any property or contractual interests. All policies are subject to change by the Board.

Unless the context or content of a policy provides otherwise, the 3000 policy series applies to instructional personnel and the 4000 series applies to support personnel.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

3005 3005

4005 CODE OF ETHICS AND STANDARDS OF CONDUCT 4005

8305 8305

Each employee is responsible for both the integrity and the consequences of his or her own actions. The highest standards of honesty, integrity, and fairness must be exhibited by each employee when engaging in any activity concerning the school system, particularly in relationships with vendors, suppliers, students, parents, the public, and other employees. Employee conduct should be such as to protect both the person's integrity and/or reputation and that of the school system. An unswerving commitment to honorable behavior by each and every employee is expected. Integrity can accommodate the inadvertent error and the honest difference of opinion; it cannot accommodate deceit or subordination of principle.

Each employee should conduct himself in such a manner as to promote a safe, secure, and orderly school environment. Further, each employee’s conduct should foster a climate of respect at the school and, thus, by example demonstrate that appropriate personal conduct should be a priority for all students and all school employees.

Employees shall perform their jobs in a competent and ethical manner without violating either the public trust or applicable laws, policies and regulations. It is not practical or possible to enumerate all of the situations that might fall under the guidelines of this policy. In addition to other policies, regulations and approved practices that have been established covering specific areas of activity (such as purchasing), the absence of law, policy or regulation covering a particular situation does not relieve an employee from the responsibility to exercise the highest ethical standards at all times.

The Superintendent shall develop in Regulations and Procedures guidelines which address the specifics related to this policy.

Legal Reference: G.S. 14-234 to -236; 115C-47 and –105.47.

Adopted: June 5, 2000

3007 3007

4007 DRUG-FREE WORKPLACE 4007

8307 8307

The Pamlico County Board of Education believes that work environments must be free of employees who are under the influence of alcohol or illegal drugs, or who abuse prescription drugs. It is the purpose of this policy to ensure that all employees are free of these substances so that they may perform their tasks safely and efficiently. Emphasis will be placed on rehabilitation of employees who abuse drugs or alcohol so that they may live up to their responsibilities and the standards set by this policy. All employees should be aware of the harmful effects and dangers of alcohol and other drug abuse. Specifically, an employee working under the influence of alcohol or drugs:

A. May create unsafe conditions for other employees and students;

B. May perform unsatisfactorily and may adversely affect the performance of those who work with him;

C. May discredit the Pamlico County Schools and cause disrespect for both the Board of Education and the Pamlico County Schools among students and parents.

D. May violate the duty of all Pamlico County Schools employees to serve as role models for students.

I. Definitions

For the purposes of this policy, the following definitions shall apply:

A. A "Category A employee" is one whose primary duty includes being a school bus driver, an activity bus driver, a driver's education teacher, a bus mechanic, or a security officer. Because of the sensitive nature of the duties of these employees and because misjudgment by such employees may have an immediate impact on the safety and physical well-being of students and other school personnel, the Board has established a special category for these employees.

B. "Illegal drugs" are defined as controlled substances when used for non-medical purposes and substances which may affect or alter bodily functions, judgment, or perception when used for non-medical purposes, whether listed as a controlled substance or not. The North Carolina Controlled Substances Act (N.C. Gen. Stat. Ch. 90, Art. 5) and the United States Controlled Substances Act (21 U.S.C. § 801 et seq.) define "controlled substances" and make them illegal when used for non-medical purposes.

C. "Under the influence" is defined as being that state when an employee's behavior or performance is affected to an observable extent by alcohol, drugs or other substances. Without regard to an employee's behavior or performance, an employee shall be deemed to be under the influence when his alcohol content level as determined by a breathalyzer or blood test equals or exceeds the level that constitutes impaired driving in a commercial motor vehicle under the Motor Vehicle Laws of North Carolina (N.C. Gen. Stat. § 20-138.2).

D. "Abuse" of prescription drugs or other substances occurs when a person uses prescription drugs or other substances either without or in a manner contrary to the specific direction of a physician and where such use affects the employee's behavior or performance to an observable extent.

II. Prohibited Acts

The Board prohibits the following acts:

A. The manufacture, sale, distribution, possession or use of illegal drugs or the abuse of prescription drugs by its employees;

B. The sale, distribution, possession or use of alcohol by its employees while on duty;

C. In the case of Category A employees, driving at any time while under the influence of alcohol or other drugs.

III. Penalties for Noncompliance

Any employee who violates this policy shall be subject to disciplinary sanctions, which may include dismissal. When appropriate, emphasis shall be given to rehabilitation of employees.

A. Any employee who is convicted or pleads guilty or no contest to a felony involving selling, distributing, possessing and/or using illegal drugs in violation of state or federal law shall be dismissed. In addition, if a Category A employee is convicted or pleads guilty or no contest to a charge of driving at any time while under the influence of alcohol or drugs, he shall be dismissed.

B. Any employee who sells or distributes illegal drugs shall be dismissed. Any employee who uses or is found to be under the influence of illegal drugs or to be abusing prescription drugs while on duty shall be subject to discipline, up to and including dismissal, except that a Category A employee shall be dismissed in all such cases.

C. Any employee who sells or distributes alcohol while on duty shall be dismissed. Any employee who uses or is found to be under the influence of alcohol while on duty shall be subject to discipline, up to and including dismissal, except that a Category A employee shall be dismissed in all such cases.

D. In those cases where discipline less than dismissal is appropriate under this policy and where there appears to be a reasonable possibility of rehabilitating an employee, he shall be referred to appropriate programs. After an assessment and evaluation, the employee may, as an alternative to other discipline, be allowed to participate in a rehabilitation program as approved by the Superintendent and at the employee's expense. (This alternative is not available to Category A employees.) If the employee fails to complete the program satisfactorily, then the employee shall be disciplined, up to and including dismissal. If the employee is found to have committed a subsequent drug or alcohol offense after entering the program, then the employee shall be dismissed.

IV. Authority to Test

A. Pre-employment testing

All job applicants for Category A positions shall be required to undergo a drug test prior to and as a condition of final employment by the Board of Education. A confirmed, positive test indicating illegal or prohibited use of drugs will disqualify the applicant for employment with the school system. All newly hired Category A employees, full and part-time, will be temporary employees pending a review of drug test results.

All job applicants will be required to read this policy as a condition of employment and sign a statement of intent to comply with this policy.

B. Post-employment - Category A employees

After they have been employed, Category A employees will be required to:

1. Submit to random alcohol and drug tests without cause;

2. Submit to an immediate medical examination, including alcohol or drug testing, where a supervisor or other management employee has reasonable suspicion to believe that the employee is under the influence of alcohol or other drugs;

3. Immediately submit to alcohol or drug testing if involved in an accident while operating a school vehicle; and

4. Read this policy as a condition of continuing employment and sign a statement of intent to comply with this policy.

In the event the employee refuses to submit to a drug test as required herein, or there is a positive alcohol or drug test, and it is confirmed by the medical review officer that the Category A employee has been using illegal drugs or abusing prescription drugs, then the employee shall be dismissed.

Testing of all commercial motor vehicle operators employed by the Board, including school bus and activity bus drivers, shall include testing that complies with 49 C.F.R. Part 382 and Board policy 3008/4008/8308.

C. Post-employment - All employees

Each employee shall be given a copy of this policy.

Any employee of the Board may be required to submit to a drug or alcohol test when a supervisor or other management employee has reasonable suspicion to believe that the employee is using alcohol or illegal drugs or is abusing prescription drugs in the workplace. Refusal to consent to such testing shall be cause for disciplinary action up to and including dismissal.

Reasonable suspicion justifying such testing may be based on, among other things:

1. Observation of drug use or possession and/or the physical symptom(s) of being under the influence of a drug or alcohol;

2. A pattern of abnormal conduct or erratic behavior consistent with abuse of drugs or alcohol;

3. Arrest or conviction for a drug- or alcohol-related offense, or the identification of an employee as the focus of a criminal investigation;

4. Information provided either by reliable and credible sources or independently corroborated; or

5. Evidence that the employee has tampered with a previous drug or alcohol test.

V. Drug-Free Workplace Act of 1988

In furtherance of the goals of the Drug-Free Workplace Act of 1988 and as a condition of employment with the Pamlico County Schools, each employee must comply fully with this policy. Each employee is required to notify his or her immediate supervisor and the appropriate personnel department representative within five days after any criminal conviction or no contest plea involving alcohol or drugs. Employees who are aware of another employee's on-the-job alcohol or other drug violation must notify their immediate supervisor and the appropriate personnel department representative. Employees who fail to make such notification are subject to disciplinary action up to and including dismissal.

VI. Confidentiality

Information obtained through implementation of this policy is intended to be solely for the purposes specified in this policy and to protect the health and safety of students and/or employees. The confidentiality of all test results will be maintained as required by applicable laws, with only those persons having a need to know being informed of the results.

VII. State Law

All drug testing conducted by or on behalf of the Pamlico County Board of Education will comply with the requirements of N.C. Gen. Stat. 95-230 through -234.

VIII.

Employees shall be provided information concerning available counseling, rehabilitation, and re-entry programs.

Legal Reference: G.S. 115C-47; G.S. Ch. 95, Art. 20; 21 U.S.C. 812; 41 U.S.C. 701 et seq.; 49 U.S.C. App. 2717; 49 C.F.R. Parts 40 & 382

Adopted: June 5, 2000

3008 DRUG AND ALCOHOL TESTING OF 3008

4008 COMMERCIAL MOTOR VEHICLE OPERATORS 4008

8308 8308

The purpose of this policy is to help ensure safe operation of school vehicles and to comply with federal regulations by establishing a comprehensive program of drug and alcohol testing for school bus drivers and all other commercial motor vehicle operators employed by the Board.

Applicability

Persons subject to this policy include anyone who operates a commercial motor vehicle in the course of their duties for the Board of Education, including anyone who regularly or intermittently drives a school bus, activity bus, or other vehicle designed to transport sixteen or more people, including the driver.

Prohibited Acts

No person who is subject to this policy, or any supervisor of such persons, may commit any act prohibited by 49 C.F.R. Part 382, or by Board policy 3008/4008/8308. In addition, commercial motor vehicle operators employed by the Board shall not be impaired by alcohol or by any prescription or non-prescription drug while on duty or while operating any motor vehicle. Employees found in violation of this policy or Part 382 will be subject to dismissal.

Procedures

The administration shall ensure that the collection procedures outlined in 49 C.F.R. Part 40 are met, and that testing, reporting, record retention, training, confidentiality, and other requirements of 49 C.F.R. Part 382 are met.

Testing

The administration shall carry out pre-employment, post-accident, random, reasonable suspicion, return to duty, and follow-up testing for drugs and alcohol as required by 49 C.F.R. Part 382. School bus drivers and others employed by the Board for the primary purpose of operating a commercial motor vehicle shall undergo pre-employment testing. Employees whose duties include intermittent driving will not be subject to pre-employment testing but must undergo pre-duty testing before operating a commercial motor vehicle, and must undergo all other testing required by Part 382. Refusal of any test required pursuant to this policy or Part 382 shall be cause for dismissal.

Pre-employment Inquiry

All applicants who would be subject to this policy if employed shall consent in writing to the release of any information gathered pursuant to 49 C.F.R. Part 382 by any of the applicant's previous employers. Before employing any applicant covered by this policy or Part 382, the administration shall obtain, pursuant to written consent, all records maintained by the applicant's previous employer of prohibited acts taking place during the previous two years.

Training and Education

Each commercial motor vehicle operator and supervisory employee, including principals and assistant principals, shall be provided with educational materials that inform the employees of drug testing procedures, prohibited acts, consequences, and other aspects of 49 C.F.R. Part 382 and this policy. The information also shall identify a school system employee who will be responsible for providing information on substance abuse. Each employee shall sign a statement certifying receipt of these materials.

Each supervisor responsible for overseeing the performance of commercial motor vehicle operators shall undergo at least one hour of training concerning alcohol misuse and an additional hour of training concerning drug abuse.

Referrals

Each motor vehicle operator who violates acts prohibited by 49 C.F.R. Part 382, other than provisions governing pre-employment testing, shall be provided with information concerning resources available for evaluating and resolving drug or alcohol misuse. This information shall include names, addresses, and telephone numbers of substance abuse professionals and counseling and treatment programs. Before allowing anyone who has committed a prohibited act under 49 C.F.R. Part 382 to drive again, that employee shall be evaluated by a substance abuse professional and must undergo any appropriate treatment designated by the substance abuse professional.

Legal Reference: 49 U.S.C. App. 2717; 49 C.F.R. Parts 40 & 382

Adopted: June 5, 2000

3010 EQUAL EMPLOYMENT OPPORTUNITIES 3010

4010 4010

It is the policy of the Pamlico County Board of Education to provide all applicants for employment with equal employment opportunities and to provide current employees with training, compensation, promotion, and other attributes of employment without regard to race, color, religion, national origin, sex, age, or handicap, except where sex, age, or physical requirements are essential occupational qualifications. All candidates will be evaluated on their merits and qualifications for positions.

The Pamlico County Board of Education also recognizes the educational and professional advantages of racial, sexual, and cultural diversity in the make‑up of the professional staff that is employed to serve the students enrolled in the Pamlico County Schools. Therefore, the Board is also committed to a recruitment and employment program that will result in a professional staff that reflects the racial, sexual, and cultural diversity of the Pamlico County community and the students who attend the Pamlico County Schools.

3010.1 The Superintendent shall report annually to the Board on the progress made in

4010.1 adhering to this policy.

Legal Reference: Civil Rights Acts of 1866, 1870, 1871, and 1964; Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Executive Order 11246; Title IX of the Education Amendments of 1972; Vocational Rehabilitation Act of 1973; 20 U.S.C. § 1703; G.S. 126‑16

Adopted: June 5, 2000

3020 RECRUITMENT, SELECTION AND RETENTION 3020

It shall be the policy of the Board that a continuous system of recruitment and selection of personnel be maintained in order to assure competent candidates for vacancies as needed.

3020.1 The Board of Education acknowledges that the most important aspect of attaining excellence in education is the quality of the teaching staff and the administrative staff. With that in mind, the Board hereby adopts as policy and states its determination to strive for such excellence and further declares its intent to employ, re‑employ, and grant career status only to those teachers and administrators who possess, have exhibited, and who continue to strive for excellence in their preparation for, performance of, and contribution toward the educational process.

Hereafter, satisfactory performance shall be considered the minimum acceptable standard of performance for teachers and administrators in this school system; however, satisfactory performance shall not constitute any assurance to any teacher or administrator of rights to or consideration for employment, re‑employment or career status.

Subjective and objective appraisals of preparation for, performance of, and contribution toward the educational process and the needs of the school system shall be considered by the Board in making decisions to employ, re‑employ, and grant career status to teachers.

3020.2 It shall be Board policy that when current employees apply for vacancies which would constitute promotion that such requests be given full consideration in light of the applicant's qualifications.

Legal Reference: G.S. 115C‑325

Adopted: June 5, 2000

3021 PROCEDURE FOR CANDIDATE EVALUATION 3021

Candidates for employment will be selected on the basis of:

A. Application

B. Academic qualification

C. State certification

D. Record of student teaching experience

E. Record of teaching experience

F. Personal interview

G. Background check, including criminal records check for recommended candidates

Legal Reference: G.S. 114-19.2; 115C‑295, -299

Adopted: June 5, 2000

3022 HIRING PROCEDURE 3022

The Board shall hire instructional personnel only upon the recommendation of the Superintendent. The Superintendent or his designee shall have the authority to hire instructional personnel on an interim basis subject to later approval by the Board.

Legal Reference: G.S. 115C‑47, ‑276

Adopted: June 5, 2000

3023 CRIMINAL HISTORY CHECK OF APPLICANTS 3023

4023 AND INDEPENDENT CONTRACTORS 4023

The Pamlico County Board of Education believes that it should attempt to provide a safe and secure learning and working environment for all students and staff. The Board also believes that employees should be role models for students. Criminal convictions against, or pleas of guilty or nolo contendere by an applicant may have an impact upon these goals and will be considered in hiring and dismissal decisions. Accordingly a criminal history check will be conducted on all final candidates who will be recommended to the Board for school personnel positions, including independent contractors who are being considered for performing the duties of a school personnel position.

3023.1 School personnel positions are defined as all positions based in a school, including

4023.1 the following positions: principal, assistant principal, school administrative staff, certified staff, teaching assistant, coaching assistant and trainer, substitute teacher, custodian, driver training teacher, and bus driver. School personnel positions also include central office positions in which the duties are substantially performed in the schools, and there is significant access to students.

3023.2 A reasonable effort will be made to ascertain whether the final candidate for a

4023.2 school personnel position has any criminal history in the county of residence, employment, or schooling for at least the past five years. The superintendent or designee is authorized to utilize local, state or national repositories of records as necessary to conduct a reasonable review.

3023.3 The applicant will be required to be fingerprinted and to provide any other

4023.3 information necessary to conduct the criminal history check. The criminal history check will be conducted at the school system's expense. Any applicant who refuses to consent, including independent contractors, will not be considered for a school personnel position.

3023.4 Any offer of employment is conditional on a favorable review of the criminal

4023.4 history. If a final candidate or contractor has a criminal history, the employment decision will include written documentation of how the criminal history information was used, including a determination of whether the final candidate/independent contractor (1) poses a threat to the physical safety of students or personnel or (2) has demonstrated that he or she does not have the integrity or honesty to fulfill the duties of the position. An applicant will not be denied a position based upon the criminal history check by the Justice Department without confirmation of the criminal history by certified copy of the conviction or other means permitted by State Board rules.

3023.5 Applicants shall be required to answer completely and accurately all questions on

4023.5 their applications with regard to previous criminal history. False information on an employment application or contract will subject the applicant or contractor to not being hired and an employee to being dismissed.

Legal Reference: G.S. 114-19.2(a); 115C-36, -332

Adopted: June 5, 2000

3030 HEALTH CERTIFICATE REQUIRED 3030

4030 4030

Every new employee and any employee returning to work after an absence of more than one school year, or who has been absent for more than forty (40) successive school days because of a communicable disease, shall be required to furnish a fully completed and approved health certificate on the prescribed forms before assuming his duties.

Legal Reference: G.S. 115C‑323

Adopted: June 5, 2000

Revised: September 3, 2002.

3031 COMMUNICABLE DISEASES ‑ EMPLOYEES 3031

4031 4031

It is the policy of the Pamlico County Board of Education to attempt to provide a safe and secure environment for all students and employees. Under certain circumstances employees with communicable diseases may pose a threat to the health and safety of students and staff. In an effort to maintain a balance between the need to protect students' and employees' rights and to control serious communicable diseases, decisions regarding the employment status of employees with communicable diseases shall be made on a case‑by‑case basis, in accordance with this policy.

3031.1 Employees with communicable diseases, including AIDS and HIV infection, shall

4031.1 be permitted to continue employment in accordance with Subsection 3031.2/4031.2. Any employee suffering from such a disease shall report this fact to his immediate supervisor. When the school system learns that an employee has a serious communicable disease, the Superintendent shall form an advisory committee to evaluate the employee's status.

3031.2 The advisory committee formed by the Superintendent shall include the Superin-

4031.2 tendent or his designee, the employee's principal or immediate supervisor where appropriate, a physician representing the county health director or his designee, legal counsel, as necessary, and, when available, the employee's personal physician. The committee shall review the case of each such employee to determine how the employee's disease is transmitted, how long the employee will be infectious, to what degree the employee's presence in his current job exposes students and other staff to harm, and the probability that the disease will be transmitted to others in the school community. If the committee determines that a significant risk of transmission exists in the employee's current position, the Superintendent, after consulting with the medical experts on the committee, shall determine whether alternative employment opportunities that would eliminate that risk and for which the employee is otherwise qualified are reasonably available within the school system. All deliberations of the advisory committee shall be kept strictly confidential.

3031.3 Employees with AIDS or HIV infection have or may develop immunodeficiencies

4031.3 which increase the risk of severe complications from exposure to other communicable diseases that appear in the school setting. Accordingly, employees should report to the principal and/or the Assistant Superintendent for Administrative Services in the event they suffer from any such immunodeficiency. Whenever possible, the principal and/or supervisor should notify an infected employee of the existence of chicken pox, influenza, meningococcus, measles or tuberculosis occurring in the workplace that may represent a serious threat to the employee's health.

3031.4 The personnel informed of the condition of an employee with AIDS or HIV

4031.4 infection should be limited to those needed to protect the health and safety of the employee, students and other staff, and to identify situations where potential for transmission of the disease might exist. Those informed of the employee's condition shall respect and maintain his right to privacy and the confidentiality of his records. These persons shall be provided with appropriate information concerning necessary precautions, and they shall be made aware of confidentiality requirements.

3031.5 In accordance with N.C. Gen. Stat. 130A‑136, school principals shall report

4031.5 suspected cases of communicable diseases, including AIDS, to the County Health Department. Confidentiality of such reports is protected by law, and school employees are presumed by the law to be immune from liability for making such reports in good faith. The principal also shall report suspected cases of communicable diseases, including AIDS or HIV infection, to the Superintendent.

3031.6 In order to prevent the spread of communicable diseases, guidelines for necessary

4031.6 health and safety precautions shall be distributed by the administration and shall be followed by all school employees.

3031.7 Nothing in this policy is intended to grant or confer any employment rights beyond

4031.7 those existing by law or contract.

Legal References: Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq.; 29 C.F.R. 1630; 10A N.C.A.C. 41A.0101, et seq.; N.C. Gen. Stat. Chapter 130A, Article 6; §115C-36 and -47(18).

Adopted: June 5, 2000

3032 3032

4032 SMOKING AND TOBACCO PRODUCTS PROHIBITED 4032

7405 7405

It is the policy of the Board of Education to promote the health and safety of all students and staff and to promote the cleanliness of all school facilities. To this end, the Board prohibits at all times the use of any tobacco product by any person in any school building or facility, or on school grounds, and in or on any school property owned or operated by the Pamlico County Schools. This policy also prohibits the use of any tobacco product by persons attending a school-sponsored event at a location not listed above when in the presence of students or school personnel or in an area where smoking is otherwise prohibited by law.

Tobacco products may be included in instructional or research activities in school buildings, provided the activity is conducted or supervised by a faculty member overseeing the instructional research, and the activity does not include smoking, chewing, or otherwise ingesting the tobacco product. Permission must be obtained from the principal prior to conducting any such instructional or research activities.

The Superintendent is responsible for providing adequate notice to students, parents, the public and school personnel of this policy, including posting signs regarding this policy in every school building. The Superintendent is also responsible for enforcing this policy at the central office of the Pamlico County Schools. The principal of each school in the school system is responsible for enforcing this policy at his or her respective school and shall require that school personnel enforce this policy.

Legal Reference: G.S. 115C‑47(18), -407; 20 U.S.C. §6083

Adopted: June 5, 2000

Revised: July 6, 2004

Revised: December 3, 2007

3033 3033

4033 COMPLIANCE WITH BLOODBORNE PATHOGENS REGULATIONS 4033

8333 8333

The Board recognizes the importance of using precautionary measures and educating employees to prevent the transmission of communicable diseases.

In furtherance of this objective, Pamlico County Schools will comply with regulations on bloodborne pathogens in 13 North Carolina Administrative Code 7C.0101(a)(96), which is identical to OSHA regulations, 29 Code of Federal Regulations 1910.1030. The citations in this policy refer to the federal regulations. Additional training and education beyond the requirements of these regulations also will be provided as described below.

The following procedures will be followed in order to comply with the bloodborne pathogens regulations.

3033.1 Exposure Determination

4033.1

8333.1 All job classifications must be categorized as to whether (1) all employees in the job classification have occupational exposure; (2) some employees in the job classification have tasks which create occupational exposure, with each of these tasks being listed; or (3) all employees in the job classification perform no tasks which are likely to create occupational exposure. 1910.1030(c)(2).

Occupational Exposure means reasonably anticipated skin, eye, mucous membrane, or parenteral contact with blood or other potentially infectious materials that may result from the performance of an employee's duties. 1910.1030(b).

The exposure determination will be made by the Superintendent or his designee by consulting with the exposure control team to identify tasks where occupational exposure may occur.

The exposure determination must be included in the exposure control plan and reviewed at least annually to reflect new or modified tasks and procedures which affect occupational exposure and to reflect new or revised employee positions with occupational exposure. 1910.1030(c)(iv).

3033.2 Exposure Control Plan

4033.2

8333.2 The exposure control plan will include the schedule and methods for implementing universal precautions, engineering and work practice controls, personal protective equipment, housekeeping, and labeling of hazardous areas. The plan also will include the schedule and method for providing training classes, Hepatitis B vaccination and post-exposure follow-up. The plan will show how records will be maintained for training classes, Hepatitis B vaccinations/refusals of vaccinations, and exposure incident reports. 1910.1030(c)(1).

The exposure control team will be responsible for drafting and producing the final copy of the exposure control plan and for making copies available as required by 1910.1030(1)(iii)(5). The exposure control team also will ensure that an annual review of the exposure control plan is conducted and that input is sought from employees.

3033.3 Hepatitis B Vaccination

4033.3

8333.3 The Hepatitis B vaccination will be made available to all employees with occupational exposure, at no cost at a reasonable time and place by a licensed physician or other healthcare professional or someone supervised by a licensed professional. The tests will be performed at an accredited laboratory. The vaccination shall be made available within ten working days of initial assignment but after receiving the training required by 1910.1030(g)(2). An employee may refuse the vaccination and at any later date choose to receive the vaccination. 1910.1030(f)(1), (2).

The Assistant Superintendent For Administrative Services will coordinate healthcare services necessary to provide the vaccination.

The Assistant Superintendent For Administrative Services will maintain Hepatitis B vaccination records as part of the medical records required to be kept for duration of employment plus 30 years. 1910.1030(h)(1).

The Assistant Superintendent For Administrative Services will ensure that those refusing Hepatitis B vaccinations will sign a statement of refusal. The Assistant Superintendent for Administrative Services will maintain records of refusals in the medical records of employees. 1910.1030(f)(2).

3033.4 Post-Exposure Follow-Up

4033.4

8333.4 Following a report of an exposure incident, Pamlico County Schools will make available to the exposed employee a confidential medical evaluation and follow-up. 1910.1030(f)(3).

The Assistant Superintendent for Administrative Services will coordinate provision of contracted healthcare services or reimbursement for healthcare services as identified in 1910.1030 (f)(3), (4) and (5), and will ensure incident exposure forms are available to employees.

The Assistant Superintendent for Administrative Services will maintain records of exposure incidents which shall be kept as part of the employee's medical record for the duration of employment plus thirty years with information required by 1910.1030(f)(5), (6) and 1910.1030(h)(1).

3033.5 Training of Employees

4033.5

8333.5 All employees with occupational exposure (either all in an identified job classification or for particular employees who perform tasks reasonably anticipated to cause occupational exposure) must receive training at the time of initial assignment and annually from the date of previous training. Training must be provided within ten days of initial assignment and before the Hepatitis B vaccination is offered. 1910.0130(f)(2)(i), 1090.1030(g)(2).

Training of those classified as having occupational exposure must include material as described in 1910.1030(g)(2)(vii). For those who are occupationally exposed but received training prior to the effective date of 1910.1030(g)(2), training must only be provided initially to address any gaps in material required to be taught by 1910.1030(g)(2)(vii).

Pamlico County Schools also is providing basic training to other employees who are not occupationally exposed according to the statutory definition but who may benefit from exercising universal precautions. These employees include administrative personnel. The assistant superintendent for administrative services will be responsible for providing training for employees and making records of training.

Training records required by 1910.1030(h)(2) for classes taught to occupationally exposed employees will be maintained by the assistant superintendent for administrative services for three years. The information contained in records will include all information required by 1910.1030(h)(2)(i).

Training records not required by the statute will be maintained by the principals/department heads/supervisors.

3033.6 Workplace Safety Precautions

4033.6

8333.6 Pamlico County Schools will comply with all universal precautions, engineering and workplace controls, personal protection equipment, and housekeeping in 1910.1030(d). Labeling of hazardous materials also will be performed as required by 1910.1030(g)(1).

The exposure control team will be responsible for assuring that the exposure control plan has a complete schedule and method of implementation of workplace safety precautions to be included in the exposure control plan. The exposure control team will work with the Finance Officer in developing the schedule and methods of implementation for engineering and workplace controls as identified in 1910.1030(d)(2), personal protection equipment in 1910.1030(d)(3), housekeeping in 1910.1030(d)(4), and labeling in 1910.1030(g)(1).

The Superintendent or his designee will ensure precautions are in place and that the exposure control plan is updated at least annually to reflect changes in facilities or employee tasks. 1910.1030(c)(iv).

The Finance Officer will ensure the purchase of protective equipment and its availability to employees. The Finance Officer also will ensure purchase of protective labels and their use in all required work areas.

3033.7 Confidentiality

4033.7

8333.7 Pamlico County Schools and its employees shall strictly adhere to all confidentiality rules and laws regarding employees with communicable diseases, including HIV or HIV-associated conditions.

Legal Reference: 13 N.C. Admin. Code 7C.0101(a)(96); 29 C.F.R. 1910.1030

Adopted: June 5, 2000

3035 SEXUAL HARASSMENT 3035

4035 4035

8335 8335

The Pamlico County Board of Education believes that all employees and students are entitled to work and study in school-related environments that are free of sexual harassment. To this end, the Board prohibits employees from engaging in sexual harassment and advises employees that when evidence of sexual harassment is established, disciplinary action may be taken, up to and including dismissal.

3035.1 Unwelcome sexual advances, requests for sexual favors, and other verbal or

4035.1 physical conduct of a sexual nature constitute sexual harassment when:

8335.1

A. Submission to the conduct is made either explicitly or implicitly a term or condition of an individual's employment, academic progress, or completion of a school-related activity; or

B. Submission to or rejection of such conduct is used as the basis for employment decisions affecting such individual, or, in the case of a student, submission to or rejection of such conduct, is used in evaluating the individual's performance within a course of study or other school-related activity; or

C. Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or a student's educational performance, or creating an intimidating, hostile, or offensive environment.

3035.2 Examples of sexual harassment include, but are not limited to, continued or repeated

4035.2 offensive sexual flirtations, advances or propositions; continued or repeated verbal

8335.2 remarks about an individual's body; sexually degrading words used toward an individual or to describe an individual; and the display in the work place of sexually suggestive objects or pictures. Sexual harassment does not include personal compliments welcomed by the recipient, or social interactions or relations freely entered into by employees or prospective employees.

3035.3 It is possible for sexual harassment to occur at various levels: between peers or 4035.3 co-workers, between supervisors and subordinates, between employees and

8335.3 students, or imposed by non-employees on employees and/or students.

A. In the event that anyone believes that he/she has been sexually harassed, he/she should bring the matter to the attention of the designated Title IX Coordinator for the Pamlico County Schools, who is the Assistant Superintendent for Administrative Services. Upon listening to the facts and allegations, the Assistant Superintendent for Administrative Services will advise the person on how to attempt to resolve the matter directly and informally, or if that course fails or is unwise, to present the complaint in writing to him with supporting detail. The Assistant Superintendent for Administrative Services will then proceed to investigate the matter and will attempt to resolve it in an expeditious manner.

B. If for any reason, the complainant is not satisfied with the administration's response, he/she may file an appeal with the Chairman of the Board of Education.

Legal Reference: Title VII of the Civil Rights Act of 1964; G.S. 126-16; Equal Employment Opportunity Commission's "Final Amendment Guidelines on Discrimination Because of Sex"; Title IX of the Education Amendments of 1972

Adopted: June 5, 2000

3036 3036

4036 PROHIBITED RELATIONSHIPS WITH STUDENTS 4036

8336 8336

All employees of the Pamlico County Board of Education, other than student employees, are prohibited from dating, courting or entering into a romantic or sexual relationship with any student who is enrolled in the Pamlico County Schools, regardless of the student's age or consent. Employees engaging in such inappropriate conduct will be subject to disciplinary action, up to and including dismissal.

Any employee who has reason to believe that another employee is inappropriately involved with a student, as described above, shall report this information to the Assistant Superintendent for Administrative Services. An employee who fails to make such a report when he has a reasonable belief that an inappropriate relationship exists, may be subject to disciplinary action.

Legal Reference: G.S. 115C-47, -308

Adopted: June 5, 2000

3037 3037

4037 PROHIBITION OF BULLYING, HARASSMENT AND 4037

8337 DISCRIMINATION 8337

Bullying, harassment, and discrimination are prohibited in the Pamlico County schools. The Pamlico County schools and staff shall not tolerate any bullying, harassment, or discrimination on school property and grounds or at any school activity on or off campus. The board believes that all employees and students should be free of unlawful discrimination, harassment, and bullying as a part of a safe, orderly, caring and inviting working and learning environment. The board commits itself to nondiscrimination in all its educational and employment activities. The board expressly prohibits unlawful discrimination, harassment, or bullying on the basis of race, color, national origin, sex, pregnancy, religion, age or disability.

The board also prohibits retaliation against an employee or student who has exercised any rights made available through state or federal law, including prohibiting retaliation for reporting violations of this policy.

Any violation of this policy is considered a serious violation and appropriate action will be taken in response to a violation.

3037.1 Application of Policy

4037.1

8337.1

All persons, agencies, vendors, contractors and other persons and organizations doing business with or performing services for the school district must comply with all applicable federal and state laws and regulations regarding harassment, bullying, or discrimination. Visitors also are expected to comply with applicable laws, including the prohibition against discrimination, harassment and bullying of students or employees. This policy will apply in the following circumstances:

1. while in any school building or on any school premises before, during or after school hours;

2. while on any bus or other vehicle as part of any school activity;

3. while waiting at any bus stop;

4. during any school function, extracurricular activity or other activity or event;

5. when subject to the authority of school personnel; and

6. any time or place when the behavior has a direct and immediate effect on maintaining order and discipline in the schools.

3037.2 Definitions

4037.2

8337.2

For purposes of this policy, the following definitions will apply.

1. Discrimination means any act that unreasonably and unfavorably differentiates treatment of others based solely on their membership in a socially distinct group or category, such as race, ethnicity, sex, religion, age, or disability. Discrimination may be intentional or unintentional.

2. Harassment can be a type of unlawful discrimination. Harassment is unwanted, unwelcomed and uninvited behavior that demeans, threatens or offends the victim and results in a hostile environment for the victim. The hostile environment can be created through pervasive or persistent misbehavior or a single incident, if sufficiently severe. Harassing behavior may include but is not limited to epithets, derogatory comments or slurs and lewd propositions, assault, impeding or blocking movement, offensive touching or any physical interference with normal work or movement, and visual insults, such as derogatory posters or cartoons. Legitimate age-appropriate pedagogical techniques are not considered harassing behavior.

It is possible for harassment to occur at various levels; between fellow students or co-workers, between supervisors and subordinates, between employees and students, or imposed by non-employees, including visitors, on employees and/or students.

3. Bullying is a form of harassment. Bullying means the repeated intimidation of others by the real or threatened infliction of physical, verbal, written, electronically transmitted or emotional abuse or through attacks on the property of another. Bullying may include, but is not limited to, verbal taunts, name-calling and put-downs, extortion of money or possessions, implied or stated threats, and exclusion from peer groups.

3037.3 Discrimination, Harassment or Bullying Complaint Procedures

4037.3

8337.3

Any student who believes that he or she has been harassed, bullied, or discriminated against in violation of this policy should report such behavior immediately to a teacher, counselor or administrator at his/her school in accordance with Pamlico County Schools Board Policy #6902 Student Grievance Procedure and Policy #4035/#3035/#8335 Sexual Harassment. A school employee who is notified of or otherwise becomes aware of conduct which may violate this policy shall report the matter to the principal, and failure to do so may subject the employee to disciplinary action.

Any employee who believes that he or she has been harassed, bullied, or discriminated against in violation of this policy should report such behavior to the principal, the Associate Superintendent for Administrative Services, or the Superintendent in accordance with Pamlico County Schools Board Policy #3900/4800 Grievance Procedures For Employees and Policy #4035/#3035/#8335 Sexual Harassment. Any supervisor who reasonably believes that an employee has been subjected to harassment, bullying, or discrimination in the workplace shall report the information promptly to the Associate Superintendent for Administrative Services or the Superintendent.

All complaints of harassment, bullying, or discrimination shall be promptly and thoroughly investigated. Evidence of harassment, bullying, or discrimination may result in disciplinary action being taken, up to and including dismissal in the case of employees, or up to and including long-term suspension or expulsion in certain cases for students.

3037.4 Non-Retaliation

4037.4

8337.4

The board prohibits reprisal or retaliation against any person who reports an act of discrimination, harassment or bullying. The consequence and appropriate remedial action for a person who engages in reprisal or retaliation shall be determined by the principal or the appropriate supervisory personnel, after consideration of the nature and circumstances of the act, in accordance with applicable federal, state or local laws, policies and regulations.

3037.5 Training and Programs

4037.5

8337.5

The Superintendent shall designate an employee(s) to participate in training by the Department of Public Instruction pertaining to anti-discrimination, anti-harassment and anti-bullying. The designee shall provide leadership and training in the school district regarding this policy and state requirements.

The board will provide additional training for students and staff regarding the board’s policy on discrimination, harassment and bullying and will create programs to address these issues. The Superintendent shall ensure that any training or programs provided will include identifying groups that may be the target of discrimination, harassment or bullying; identifying places at which such behavior may occur including within school buildings, at school bus stops, via the internet, etc.; and providing clear examples of behavior that constitutes discrimination, harassment or bullying.

3037.6 Notice

4037.6

8337.6

The Superintendent is responsible for providing effective notice to students, parents and employees of the procedures for reporting and investigating complaints of discrimination, harassment and bullying. The school district will investigate complaints of discrimination, harassment and bullying and will take reasonable steps to eliminate the discrimination, harassment or bullying.

3037.7 Coordinators

4037.7

8337.7

The Superintendent or designee shall publish the names, addresses and phone numbers of the “Title IX coordinator” (for sex discrimination), “Section 504 coordinator” (for discrimination on the basis of disability) and the “ADA coordinator” (also for discrimination on the basis of disability) in a manner intended to ensure that employees, applicants, students, parents and other individuals who participate in the school district’s program are aware of the coordinators. The purpose of the coordinator positions is to provide additional protection of nondiscrimination rights. The coordinator either must (1) implement a resolution to a discrimination, harassment or bullying complaint, to the extent a resolution can be reached and the coordinator has the authority to implement corrective action or (2) notify the Superintendent that intervention by other school officials is required to resolve the situation.

3037.8 Records and Reporting

4037.8

8337.8

The Superintendent or his or her designee shall maintain confidential records of complaints or reports of harassment, bullying, or discrimination which identify the names of any individuals accused of harassment, bullying, or discrimination and the resolution of such reports or complaints. The Superintendent also shall maintain records of training, corrective action or other steps taken by the district to help provide an environment free of harassment, bullying, or discrimination.

The Superintendent shall report to the State Board of Education all verified cases of discrimination, harassment or bullying. The report will be made through the Discipline Data Collection Report or through other means required by the State Board of Education.

Adopted: September 8, 2009

3040 PRINCIPAL’S DUTIES – SAFE SCHOOLS 3040

Each school principal is responsible for maintaining a safe, secure and orderly environment at his school. To maintain this environment, the principal shall:

- Exhibit appropriate leadership for school personnel and students;

- Provide for alternative placements for students who are seriously disruptive;

- Report all criminal acts required to be reported to law enforcement under N.C. Gen. Stat. § 115C-288(g);

- Provide appropriate disciplinary consequences for disruptive students; and

- Facilitate the development and maintenance of a Safe Schools plan.

Consequences for failure to carry out these duties include a reprimand in the personnel file and disciplinary proceedings (including dismissal) under § 115C-325.

Legal Reference: N.C. Gen. State. § 115C-105.47(b)(3), -288(g), -325.

Adopted: June 5, 2000

3100 CERTIFICATION 3100

The policy of the Board is to employ professional personnel who qualify for North Carolina certification.

3100.1 If situations arise which necessitate the employment of professional personnel who do not fully meet the requirements for an “A” or higher classification of certification, evidence of progress in removing the deficiencies or in satisfying the State’s alternative entry license procedure must be presented before reemployment shall be considered.

3100.2 When situations which warrant special consideration occur they may be treated as exceptions.

Legal Reference: G.S. 115C‑295, 296, -296.1

Adopted: June 5, 2000

3110 CERTIFICATION VALIDATION 3110

Establishing certification with the North Carolina Department of Public Instruction is the responsibility of the individual.

Legal Reference: G.S. 115C‑296

Adopted: June 5, 2000

3111 CERTIFICATION RENEWAL 3111

Certification renewal is the responsibility of the individual.

Legal Reference: G.S. 115C‑296

Adopted: June 5, 2000

3200 INITIAL ASSIGNMENT 3200

Instructional personnel shall be assigned by the Office of Personnel after considering the recommendations of the proposed principal or other immediate supervisor on the basis of training, competence, experience, and the actual needs of the school system.

Legal Reference: G.S. 115C‑276, ‑301

Adopted: June 5, 2000

3201 JOB DESCRIPTIONS 3201

Job descriptions shall be on file in the personnel office and shall be used for selection, salary, evaluation, and job classification standards. It shall be the duty of each principal, supervisor, or director to cooperate in the preparation of job descriptions. Employees and their supervisors will be required periodically to review their descriptions and make a statement of change or no change.

Legal Reference: G.S. 115C‑47(18)

Adopted: June 5, 2000

3210 SPECIFIC ASSIGNMENT 3210

The principal or other appropriate administrator will make specific assignments in keeping with the qualifications of each employee and the needs of the program.

3210.1 No new assignment shall be made which places one member of a family in direct supervisory or evaluative relationship with another member of his immediate family. A member of the immediate family shall be defined as: wife, husband, sister, brother, son, daughter, mother, father, father‑in‑law, mother‑in‑law, son‑in‑law, or daughter‑in‑law.

3210.2 In the event of a dismissal, demotion or other disciplinary or grievance proceeding involving an immediate family member of a Board member or other hearing panel member, the Board member or hearing panel member shall recuse himself from participating in any such proceeding.

Legal Reference: G.S. 115C‑36, ‑47, ‑288

Adopted: June 5, 2000

3219 JOB DESCRIPTION OF TEACHER 3219

TITLE: Teacher

QUALIFICATIONS: Certification or eligibility for certification as a teacher in the state

REPORTS TO: Principal

SUPERVISES: May coordinate and direct the activities of teacher aides

PURPOSE: To help students learn subject matter and skills that will contribute to their educational and social development. To teach the required curriculum as adopted by the Board.

PERFORMANCE RESPONSIBILITIES:

1. Planning the Program ‑ The teacher cooperates, as requested, in the development of annual objectives for the school and plans an instructional program which incorporates these objectives.

2. Overseeing the Program ‑ The teacher incorporates learner objectives compatible with the subject, grade level, established curriculum, and student needs. The teacher assesses his instructional program to determine its effectiveness.

3. Updating the Program ‑ The teacher maintains an effective program by establishing and maintaining an adequate knowledge of subject areas and child growth and development.

4. Managing Daily Instruction ‑ The teacher ensures that the instruction, materials and procedures are appropriate for the subject being taught and for the needs of the students. The teacher sees that application and practice are used by students to acquire or reinforce a concept or skill. The teacher encourages students, parents and others to become actively involved in daily instructional activities.

5. Differentiating Instruction ‑ The teacher assesses individual student abilities to devise techniques that will accommodate student differences in rates of learning, styles of learning, and ability levels. These techniques may involve long term or short term grouping or the differentiating of materials and equipment.

6. Individualized Instruction ‑ The teacher monitors individual student achievement on a continuous basis, employs a variety of teaching methods to meet student needs, and provides remediation as required.

7. Supervising ‑ The teacher uses professional classroom management techniques to maintain a suitable instructional environment.

8. Human Resources ‑ The teacher makes use of community resources, student talent, volunteers, and other school personnel to enhance the instructional program.

9. Human Relations ‑ The teacher shows respect for the dignity and worth of all students, values cultural differences, and maintains communication with parents. The teacher shall support and maintain high expectations for each child.

10. Non‑Instructional Duties ‑ The teacher accepts responsibility for non‑instructional duties as may be assigned by the principal, superintendent, school board, or other administrative personnel. The teacher complies with laws, rules, and regulations established to carry out the school program.

11. Promoting School Safety – Each teacher should conduct himself in such a manner as to promote a safe, secure, and orderly environment. Each teacher’s conduct should foster a climate of respect at the school and, thus, by example, demonstrate that appropriate personal conduct should be a priority for all students and all employees.

12. Reporting Acts of Violence – The teacher must report acts of violence to the principal.

13. Reporting of Students Suspended or Expelled – The teacher must report to the principal students who are suspended or expelled from school as required to be reported in accordance with State Board policies.

TERMS OF EMPLOYMENT: Ten months, salary based on schedule established by the Board.

EVALUATION: Performance to be evaluated annually in accordance with Board policy.

Legal Reference: G.S. 115C‑47, -105.47, ‑326

Adopted: June 5, 2000

3220 RESPONSIBILITIES AND DUTIES 3220

The teacher is directly responsible to the principal.

3220.1 The teacher's primary functions are:

A. To direct the growth and development of pupils

B. To assume definite responsibilities toward the safe, efficient operation, and the improvement of the total program of the school

C. To teach the required curriculum, as adopted by the Board.

3220.2 Additional responsibilities such as the following may be assigned:

A. Bus duty

B. Cafeteria supervision

C. Playground duty

D. Supervision of extra‑curricular activities; except that no such assignments may be made to initially licensed teachers or to teachers with more than twenty-seven (27) years of experience unless they request such assignment in writing, or unless the Board makes a finding that there is a compelling reason to suspend this policy for an individual school.

E. Service on committees

F. All other duties as may be assigned by the Superintendent, principal, or other supervisor(s).

3220.3 Each principal shall attempt to balance assignments of teacher duties with the efficient and effective operation of the school as an ultimate goal.

3220.4 In order to implement the total school program, circumstances may arise when the services of teachers are needed in areas other than their classroom assignments. In these circumstances, the principal may assign non‑teaching duties to teachers. These extra duties should be kept to a minimum for initially licensed teachers and those with more than twenty-seven (27) years of experience, and assigned to teachers on an equitable basis to the extent possible.

3220.5 When a teacher is absent he must provide detailed plans for all classes during the period of absence. If an absence can be anticipated, plans should be left the day before the absence occurs. Because absences cannot always be anticipated, emergency lesson plans should be kept on file in a location designated by the principal.

3220.6 Lesson plan and roll books are supplied at the beginning of each year. Each teacher is expected to maintain current lesson plans and class rolls.

3220.7 Teachers should indicate in their plan books all special duties, planning periods, lunch periods, and any other special assignments.

Legal Reference: G.S. 115C-47, -105.47, - 288, -296 - 307

Adopted: June 5, 2000

3221 TEACHER WORKDAY 3221

The length of the school day for teachers shall be a minimum of seven hours and forty‑five minutes (7 3/4 hrs.) and shall continue until the teacher has completed his professional responsibilities to the students and the school.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

3222 MEETINGS 3222

Attendance at meetings called by the principals, assistant superintendent, or the Superintendent is considered a professional duty and is not elective. Attendance at meetings called by the supervisors, or designated group or department chairmen which have been approved by the principal, assistant superintendent, or Superintendent also is considered a professional duty and is not elective.

Legal Reference: G.S. 115C‑47(18), ‑288, ‑307(e)

Adopted: June 5, 2000

3223 EMERGENCY CLOSING DAYS 3223

In the event of emergency closing of schools, when personnel are not required to report for duty, the Superintendent may declare such day or days, leave days or holidays or combination thereof. Such day(s) may be rescheduled at the discretion of the Board in a manner not to exceed 200 working days nor extend the ten‑month working period for teachers.

Legal Reference: G.S. 115C‑302

Adopted: June 5, 2000

3231 PERSONNEL FILES 3231

4231 4231

A personnel file shall be maintained in the Superintendent's office for each employee as provided by law. An employee's personnel file shall be open for his inspection and closed to all others without employee consent except as provided by law and this policy. The Superintendent shall have the overall responsibility for granting or denying access to personnel records consistent with this policy.

3231.1 Each employee personnel file shall include records and documents collected and

4231.1 retained by the school system concerning the employee, including but not limited to:

a) Evaluation reports

b) Commendations of and complaints against the employee; provided, however, that the Superintendent may elect not to place in the file a letter of complaint that contains invalid, irrelevant, outdated, or false information, or a letter of complaint when there is no documentation of an attempt to resolve the issue.

c) Written suggestions for correction and improvement

d) Certificates

e) Health certificates

f) Standard test scores

g) Academic records

h) Application forms

i) Other pertinent records or reports

3231.2 Any pre-employment data or other information obtained about an employee before 4231.2 his employment by the Board may be kept either in the regular personnel file or in a

separate file, and shall not be made available to the employee.

3231.3 No evaluation, commendation, complaint or suggestion may be placed in an

4231.3 employee's personnel file unless:

a) It is signed by the person who makes it, and

b) A written copy of the document is provided to the employee at least five days before it is placed in the employee's personnel file.

Every employee is entitled to offer a denial or explanation of the evaluation, commendation, complaint or suggestion, and any such denial or explanation shall become part of the employee's personnel file, provided it is signed and dated.

3231.4 Every employee may have access to his own personnel file during working hours,

4231.4 provided three days notice is given to the Personnel Office.

3231.5 Access to a personnel file may be permitted to the following persons without the

4231.5 consent of the employee:

a) Those school officials involved in the employment and evaluation process of the individual, the school board attorney, and members of the Board of Education, if the examination of the file relates to the duties and responsibilities of the Board.

b) The case manager if the teacher has requested a case manager review in a demotion or dismissal proceeding.

3231.6 The Superintendent may, in his discretion, or shall at the discretion of the Board of

4231.6 Education, inform any person or corporation of any promotion, demotion, suspension, reinstatement, transfer, separation, dismissal or employment of any employee or former employee and the reasons therefore and may allow the person or corporation to inspect and examine any portion of an employee's personnel file if:

(a) The Board has determined that the release of the information or the inspection and examination of the file or a portion of the file is essential to maintaining the integrity of the Board or to maintaining the level or quality of services provided by the Board; and

(b) Prior to releasing the information or making the file or any portion of it available, the Superintendent has prepared a memorandum setting forth the circumstances which he and the Board deem to require disclosure and the information to be disclosed. (This memorandum shall be a public record.)

3231.7 No person other than those listed in 3231.4/4231.4, 3231.5/4231.5, and

4231.7 3231.6/4231.6 may have access to a personnel file except under the following circumstances:

a) When the employee gives written consent for the release of his records. The written consent must specify the records to be released and to whom they are to be released; blanket permission for release of information shall be accepted.

b) When the records have been subpoenaed or sought by court order; specifically including subpoenas issued by case manager pursuant to G.S. 115C-325.

3231.8 The Pamlico County Board of Education classifies the following information as

4231.8 directory information and as such reserves the right to make this information public as part of an employee directory:

a) Name

b) Address

c) Telephone listing

d) Date and place of birth

e) Photograph

f) Job title and location

g) Participation in officially recognized activities and sports

h) Dates of employment

i) Degrees and awards received

j) Salary

k) Date and amount of most recent increase or decrease in salary

l) Dates of most recent promotion, demotion, transfer, suspension, separation, or other change in classification.

3231.9 All information provided to the personnel office by an applicant for employment or

4231.9 by an employee must be true, accurate and complete to the best of that applicant's or employee's knowledge. It shall be a violation of Board policy and, therefore, grounds for dismissal for an employee to present information to the personnel office which is intended to defraud or materially misrepresent or conceal the truth. Furthermore, the presentation of such information to the personnel office by an applicant for employment shall be considered just cause for termination of the application process.

3231.10 Any teacher may petition the Board to remove from his/her personnel file

4231.10 invalid irrelevant or outdated information. The Board may order the Superintendent to remove the information if it finds the information is invalid, irrelevant or outdated.

Legal Reference: G.S. 115C‑36, ‑47(18), ‑319 to ‑321, ‑325

Adopted: June 5, 2000

Revised: June 4, 2001

3240 TUTORING FOR PAY 3240

Tutoring of students by a school employee for a fee on school property or with school supplies is prohibited.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

3241 SOLICITATION OR SELLING 3241

There shall be no soliciting from or selling to students or staff within the school without approval of the Superintendent.

3241.1 No employee shall solicit money from students or parents for additional materials or equipment or create impressions with students that such equipment or materials are necessary; nor shall it be a practice to solicit materials or services in any manner that would cause a parent to feel undue or unnecessary pressure.

3241.2 Soliciting outside the school premises for funds for school activities, or sales of products outside the school premises for funds for school activities by the students or staff of any school, in the name of any school, or in behalf of any school, shall have the prior written approval of the Superintendent and the principal. All money collected and expended as the result of such activities shall be recorded in the accounts of the school treasurer and shall be subject to the annual school audit. Solicitation or borrowing of products for school activities shall have the principal’s approval.

3241.3 No employee shall set as a precondition of membership or participation in any course or other school‑related activity, endeavor, or function, any requirement calling for an expenditure of money by a parent, guardian, or student, except with the knowledge and consent of the Superintendent.

Legal Reference: G.S. 14‑238; 115C‑36, ‑47

Adopted: June 5, 2000

3242 UNETHICAL INFLUENCE 3242

All school employees are expected to refrain from the use of their positions or assignments in ways that could be construed to unfairly or unduly influence students, or to receive any benefit that could be construed as conflict of interest, in matters such as:

A. Receiving fees from educational institutions for the recruitment of students;

B. Recruiting students to participate in private business-type activities operated by the employee apart and separate from the school system;

C. Causing students to feel it necessary or advisable to participate in activities or events which require more than nominal costs for such activities as lunches, dinner, admissions, transportation, and entertainment;

D. Receiving fees or other considerations in lieu thereof for the recruitment, enlistment, or chaperoning of students for private promotions;

E. Encouraging student athletes to circumvent the Board-approved pupil assignment plan in order to participate in athletics in a school outside the student’s appropriate school assignment.

Legal Reference: G.S. 115C-47

Adopted: June 5, 2000

Revised: December 4, 2006

3243 GIFTS TO EMPLOYEES 3243

4220 4220

All school employees shall discourage and decline to accept gifts from vendors.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

3244 PROFESSIONAL PUBLISHING 3244

4244 4244

Pamlico County Schools employees are encouraged to write and prepare professional material for publication in their areas of expertise. Employees who prepare material on their own time without use of school facilities or equipment are not required to submit such material for review prior to publication.

Publications, inventions or products developed or produced during the paid work time of a school employee or resulting from an employee's work assignment or through the use of school equipment, facilities or materials shall be the property of the school system. Publications so produced shall bear a notice of copyright in either of the following forms:

Employees who desire to copyright or patent, and to market material prepared totally or partially on school time, shall submit a copy of such material to the Superintendent for review. The Superintendent shall review the material and the employee's recommendation regarding the request to the Board. The material submitted to the Superintendent and to the Board shall be accompanied by the following information:

a. The names of persons who participated in preparation of the material;

b. The percentage of school duty time spent by these persons during preparation;

c. A statement as to whether royalties would be waived in any purchases of the material which might be made by the school system in cases in which the Board is not already the copyright owner.

The Superintendent may authorize the sale of copies of, or reproduction rights to instructional material prepared by the school system to other school systems, organizations or commercial firms.

Legal Reference: Title 17 U.S.C.; G.S. 14‑236; 115C‑47

Adopted: June 5, 2000

3250 PERSONNEL ‑ POLITICAL ACTIVITIES 3250

4250 4250

The Board of Education recognizes the right of employees to participate in political affairs in a manner afforded other citizens, including the right to vote, the right to be active members of a political party of their choice, the right to campaign for candidates, and the right to seek, campaign for, and serve in public office, provided there is no local, state, or federal law prohibiting a teacher from seeking a certain political office.

A teacher, upon request to the Superintendent and Board, shall be granted a leave of absence without pay for the purpose of serving in the North Carolina General Assembly or the United States Congress.

Employees shall not involve students on school time, campaign on school premises or on school time, or use school equipment or supplies while participating in political affairs. The position of any personnel will not be in jeopardy due to his political activity as long as he adheres to the terms of this policy.

Nothing in this policy shall be interpreted to restrict the teaching of political issues or the dissemination of information about serious problems the school system or the community may be facing because of political actions. However, both sides of the political issue must be presented so that students will have an opportunity to be well informed, and they, in turn, will be in a position to make their own decisions regarding political issues.

Legal Reference: G.S. 115C‑47

Adopted: June 5, 2000

3251 USE OF EMPLOYEE MAILBOXES AND BULLETIN BOARDS 3251

4251 4251

Employee mailboxes and bulletin boards are to be used only by school employees and only to communicate matters of educational, professional, personal or philanthropic concern. Employees and employee associations may use employee mailboxes to distribute their own political endorsements, solicitations or personal invitations to political events provided that such endorsements, solicitation or invitations are signed by the employee(s) making them.

Legal Reference: G.S. 115C‑36, ‑47

Adopted: June 5, 2000

3260 ADMINISTRATION OF MEDICATION 3260

The board recognizes that students may need to take medication during school hours. The health and welfare of the student must be of paramount concern in all decisions regarding the administration of medication. The school district will administer medications with proper documentation from a physician and parent/legal guardian. To minimize disruptions to the school day, medicines should be taken at home rather than at school whenever feasible. The school district is not required to administer any medication that could be taken at home. Provided, however, that employees may give emergency health care when circumstances indicate that any delay would seriously worsen the physical condition or endanger the life of the student.

The administration of prescribed medication to students by designated school employees shall be permitted only upon the proper written authorization of a physician and the student’s parent/guardian. Prescribed medication must be in the original container with specific instructions for administration.

Over-the-counter medications provided by a parent/guardian, in the clearly labeled original container, specifying the type of medication, child’s name, and the dosage of medicine, may be administered by designated school employees upon written authorization of the parent/ guardian and a physician.

The school system and its personnel will assume no responsibility for self-medication by students or for the transportation of medications to and from school. The school system and its personnel also will assume no liability for complications or side effects of medication administered in accordance with the instructions provided by the parent/guardian and healthcare provider.

Although efforts should be made not to disrupt instructional time, a parent may administer medicines to his or her child at any time while the child is on school property.

Students with special needs will be afforded all rights provided by federal and state laws as enumerated in the Procedures Governing Programs and Services for Children with Special Needs. Students with disabilities also will be accorded all rights provided by anti-discrimination laws, including Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.

No student can possess, use or transmit any drug or counterfeit drug prohibited by Board Policy 6401.10.

Legal Reference: G.S. 115C‑36, ‑47, ‑307(c); Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.; Americans with Disabilities Act, 42 U.S.C. 12101; Family Educational Rights and Privacy Act, 20 U.S.C. 1232g; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794.

Adopted: June 5, 2000

Revised: December 2, 2002

3270 ACTION PLANS FOR LICENSED EMPLOYEES 3270

All licensed employees shall maintain high levels of performance. Employees not meeting these standards are expected to raise their performance to acceptable levels, with the active assistance of the Superintendent and his administrative staff. The Board recognizes that Action Plans are useful tools to identify deficiencies and improve employee performance. Action Plans shall be developed and implemented as provided in this policy.

3270.1 MANDATORY ACTION PLANS FOR LICENSED EMPLOYEES

Each licensed employee who receives a rating of below standard or unsatisfactory on any function in the employee’s performance evaluation shall be placed on an Action Plan designed to improve performance, unless the Superintendent recommends dismissal, demotion or non-renewal of the employee.

3270.2 ACTION PLAN COMPONENTS

An Action Plan shall include the following components, at a minimum:

1. Problem Statement(s): Problem statements should clearly identify every deficiency which gave rise to the employee’s below standard or unsatisfactory rating, and any other deficiencies which the developer of the Action Plan determines should be included.

2. Goal(s): For each problem identified, the Action Plan shall include one or more goals, which state the expected level of performance.

3. Strategies: For each goal, the Action Plan shall set forth one or more specific strategies designed to correct the identified deficiencies and achieve the identified goal.

4. Evidence of Completion: For each strategy, the Action Plan shall specifically identify the date of completion and the evidence that will be used to determine whether the employee has completed the strategy.

3270.3 DEVELOPMENT AND IMPLEMENTATION OF ACTION PLANS

1. Developer: For licensed employees not in low-performing schools, the employee’s immediate supervisor or designee is responsible for development of the Action Plan. For licensed employees assigned to a low-performing school, the Action Plan shall be developed by the person who evaluated the employee or by the employee’s supervisor, unless the evaluation was conducted by an assistance team or an assessment team, in which case the team shall develop the Action Plan in collaboration with the employee’s supervisor.

2. Involvement of Employee: The employee who is placed on an Action Plan shall have an opportunity to provide input or suggestions prior to the implementation of an Action Plan. Ultimate responsibility for developing the Action Plan must rest with the administration rather than the employee.

3. Review of Action Plan: Prior to implementation of an Action Plan, the employee’s supervisor shall submit the Action Plan for review and approval by the Superintendent, or designee.

4. Duration of Action Plan: For a licensed employee in a low-performing school who received a below standard or unsatisfactory rating on an evaluation function related to instructional duties (functions 1-7 on the Teacher Performance Appraisal Instrument (TPAI)), the Action Plan shall be designed to be completed within 90 instructional days after implementation of the Action Plan, or before the beginning of the next school year following implementation of the Action Plan, whichever is determined to be appropriate by the developer of the Action Plan.

For other licensed employees, an Action Plan shall be designed to be completed within any time period reasonably calculated to correct the employee’s performance.

5. Timelines for Implementation of Action Plan: Action Plans should be implemented within a reasonable time after the employee’s evaluation.

6. Modification: An Action Plan may be modified at any time as deemed necessary or desirable by the developer of the Action Plan. The employee shall be given an opportunity for input or suggestions, and the modification shall be submitted for review and approval by the Superintendent, or designee.

3270.4 REEVALUATION

Upon completion of an Action Plan, the licensed employee shall be reevaluated by the Superintendent or designee, or by an assessment team if the employee is assigned to a low-performing school.

If the licensed employee receives an unsatisfactory or below standard rating on any function on the reevaluation, the Superintendent shall consider that employee’s dismissal, demotion or nonrenewal. If the employee is retained without demotion he shall be placed on a new Action Plan, which may be a continuation or modification of the prior Action Plan.

If the licensed employee is in a low-performing school, and if the evaluation prior to the Action Plan contained a below standard or unsatisfactory rating on an instructional duty, then, upon reevaluation, the Superintendent shall recommend dismissal or demotion if the employee receives one unsatisfactory or more than one below standard rating on any instructional duty.

3270.5 SUPERINTENDENT’S POWERS AND RESPONSIBILITIES

The Superintendent shall ensure that all administrators who evaluate licensed employees are trained in the proper administration of employee evaluations, and in the development and implementation of Action Plans.

Nothing in this policy shall limit the Superintendent’s authority or discretion to recommend dismissal, demotion, nonrenewal, or other appropriate personnel action, including placing an employee on any plan of improvement when an Action Plan is not mandated under this policy.

The Superintendent may develop procedures necessary or desirable concerning Action Plans, not inconsistent with board policy or law.

3270.6 EVIDENCE OF INADEQUATE PERFORMANCE

Upon completion of an Action Plan, if a licensed employee receives a below standard or unsatisfactory rating on any function on the reevaluation, and if the Superintendent recommends dismissal or demotion of that employee, then the Board shall consider the results of the second evaluation to constitute substantial evidence of the employee’s inadequate performance, regardless of whether the employee was in a low-performing school.

Legal Reference: G.S. 115C-276, -288, -333, -334

Adopted: June 5, 2000

3300 TRANSFERS 3300

4300 4300

Since transfer of staff members within a school system can be advantageous to the students, the employees, and the community for which the school system exists, the Superintendent may reassign personnel when necessary or advisable.

Legal Reference: G.S. 115C‑47, ‑276, ‑301

Adopted: June 5, 2000

3320 EMPLOYEE‑INITIATED TRANSFER 3320

A request by an employee for transfer to a different school shall be made in writing to the Assistant Superintendent for Administrative Services at the time the annual Statement of Intent is filed. The request shall set forth the reasons for the transfer, the school and/or position sought, and the applicant's qualifications where appropriate. The Board of Education and Superintendent have the responsibility to transfer teachers in accordance with course requirements, fluctuating enrollments, allotment, and general welfare of the school system.

Legal Reference: G.S. 115C‑47, ‑276, ‑301

Adopted: June 5, 2000

3400 RESIGNATION 3400

After entering into a written contract, an employee desiring to abrogate his contract must give not less than thirty (30) days written notice to the Superintendent's office.

3400.1 If an earlier release is desired by a person resigning, and if his release on an established earlier date would not result in undue inconvenience or hardship to the school system, the Superintendent may authorize such earlier release.

3400.2 Resignations may be accepted, on behalf of the Board of Education, by the Superintendent or his designee.

Legal Reference: G.S. 115C‑47, ‑325(o)

Adopted: June 5, 2000

3410 RETIREMENT 3410

There shall be no mandatory retirement age for school system employees. Retirement policies and procedures shall be in accordance with statutes establishing and empowering the function of the Teachers' and State Employees' Retirement System of North Carolina.

Any employee who anticipates retirement shall notify the Personnel Office at least ninety (90) days prior to his intended retirement date, except in cases where conditions of health or other extenuating circumstances make shorter notices necessary.

Legal Reference: G.S. 135‑1; 29 U.S.C. 621‑634

Adopted: June 5, 2000

3420 TEACHER DISMISSAL, DEMOTION AND NONRENEWAL 3420

Dismissal, demotion, and nonrenewal of teachers shall be done in accordance with G.S. 115C‑325 and other relevant statutes.

Legal Reference: G.S. 115C‑325

Adopted: June 5, 2000

3430 REDUCTION IN FORCE 3430

The purpose of this policy is to establish an orderly procedure for the reduction of certified, professional employees of the school system.

(1) Grounds for Reduction in Force.

Reduction in force may be implemented when the Board determines that any of the following circumstances exist:

(a) District Reorganization ‑ defined as:

1. declining enrollment, financial exigency, or other cause(s) warrant closing, consolidation or reorganization of schools, school buildings or facilities and the number of existing certified employees exceeds the number required to staff the school, school buildings or facility as reorganized; or

2. any elimination, curtailment, or reorganization of a curriculum offering, program or school operation or a reorganization or consolidation of two or more individual schools or school districts that is unrelated to financial exigency.

(b) Decreased Enrollment ‑ shall exist when the enrollment or projected enrollment for the next succeeding school year causes a decrease in the number of teaching or administrative positions allocated by the state or any other funding source; or when the enrollment or projected enrollment for the next succeeding school year of a curriculum offering or program is inadequate to justify continuation of the course or program.

(c) Decreased Funding ‑ shall mean any significant decline in the Board of Education's financial resources that is brought about by the decline in enrollment or by other actions or events that compel a change in the school system's current operational budget; or any significant decrease or elimination in funding for a particular program; or any insufficiency in funding that would render the Board unable to continue existing programs at current levels.

(2) Preliminary Determination.

(a) The Superintendent shall determine whether or not a reduction in force is necessary, appropriate, or in the best interests of the school system.

(b) When the Superintendent believes that grounds exist for a reduction in force, the Superintendent shall present a recommendation to the Board of Education. The recommendation shall include:

(1) The grounds for reduction in force;

(2) The number or estimated number of certified employees to be reduced by area(s) of certification and/or program responsibility; and

(3) The background information, data, and rationale for the recommendation.

(c) The Board of Education shall review the Superintendent's recommendation and shall determine whether to reduce the number of certified employees or to reduce their terms of employment.

(d) If the Board, after exploring, considering, and discussing a variety of ways to avoid a reduction in force, determines that the number of certified employees is to be reduced, the Superintendent shall recommend to the Board which individuals are to be dismissed, demoted, or reduced to part‑time employment, based on the criteria set forth below.

(3) Criteria.

The primary consideration in any reduction in force shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the school system. The Board will consider the following factors in determining which employees shall be included in the reduction in force:

(a) Performance ratings;