08. Policy

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Submitted by jenny_hunter on Thu, 12/12/2019 - 1:29pm

Strategic Priority		Reason for Consideration
Graduates Prepared for Work, Higher Education and Citizenship	X	Action	X
Excellent Educators	X	Information	X
Healthy, Safe and Responsible Students	X	Discussion
Operations and Support	X

Forty-one revised policies and two new policies from the Fall 2019 PLS Updates were presented as first-read information at the November meeting. Many of the policies have only minor changes or technical revisions. Others have more substantive changes. Policy 4240/7312 was further revised on 12/13/19 (see below).

Policy 7360/8225, Crowdfunding on Behalf of the School System: This is an optional new policy established to assist the board in controlling crowdfunding on behalf of the school system. The policy authorizes employees to engage in crowdfunding activities within the limits established by the policy.

Policy 4334/5035/7345, Use of Unmanned Aircraft (Drones): This optional new policy authorizes the use of drones on school property and at school sponsored events with prior approval of the superintendent or designee when certain conditions are met.

Updates to address new record retention requirements: The following policies have been updated to reflect the General Records Schedule for Local Government Agencies, the new records retention and disposition schedule applicable to LEAs: policy 4700, Student Records; policy 5070/7350, Public Records – Retention, Release, and Disposition; and policy 5071/7351, Electronically Stored Information Retention.

General Statutes require the “consent” of the State Division of Archives before records can be destroyed. The attached consent document is included as part of the new schedule. The board attorney recommends that the document be approved by the board, signed by the chair, and returned to the Division.

Policy 7410, Teacher Contracts: This policy was updated to address a change in the teacher contract law. The policy was updated (1) to add a definition of “year” for purposes of determining a teacher’s years of employment by the board, in accordance with a change in law, and (2) to specify that three consecutive years of employment are necessary for eligibility for a multi-year contract. Alternatively, the board may count years of employment cumulatively, but to do so the board must modify the policy.

Policy 3620, Extracurricular Activities and Student Organizations: This policy was updated to address NCHSAA rule changes. The update adds new provisions regarding transgender student participation and eligibility of home school students for participation.

Updates to address CBD products: The following policies have been updated to address CBD-containing substances: policy 4325, Drugs and Alcohol (prohibits all substances containing CBD or THC); policy 6125, Administering Medicines to Students (prohibits the administration of CBD- and THC-containing substances, with some exceptions); and policy 7240, Drug-Free and Alcohol-Free Workplace (prohibits all substances containing CBD or THC).

Policy 7240 has been revised since the first read to address the issue of employees who use lawfully purchased CBD products at home. Policy 4325 also has been revised per recommendation by the board attorney. The new changes are shown in green.

Policy 4333, Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety: This policy was updated to add other forms of prohibited behavior. The policy now prohibits these additional forms of conduct: planting fake explosive devices on school property; threatening an act of mass violence; making a false report of an impending act of mass violence; and planting a fake weapon of mass destruction on school property.

Policy 5210, Distribution and Display of Non-School Material: Includes new content to address political signs placed on school rights-of-way during designated periods.

Policy 7241, Drug and Alcohol Testing of Commercial Motor Vehicle Operators: This update is necessary to comply with Federal Motor Carrier Safety Regulations issued in 2016 that have a compliance deadline of January 6, 2020. The regulations require employers of drivers whose duties require a commercial driver’s license under federal law to conduct queries of the new federal Commercial Driver’s License Drug and Alcohol Clearinghouse. While there is no requirement that local boards have a policy in place by that deadline, school districts nevertheless must comply with new federal requirements beginning January 6.

Policy 4240/7312, Child Abuse and Related Threats to Child Safety (formerly named Child Abuse – Reports and Investigations). Special updates issued 12/13/19:

Reports to Law Enforcement of Certain Forms of Child Victimization (G.S. 14-318.6)

Beginning December 1, 2019, any adult who knows or should have reasonably known of certain forms of child victimization must report that information to law enforcement. This reporting requirement fills a gap in existing child abuse reporting requirements which require reports to state officials only when the abuse is perpetrated by an individual who has a specific relationship with the child, i.e., a parent or caretaker (G.S. 7B-101) or a caregiver in a child care facility licensed by DHHS (G.S. 110-105.4). Under the new reporting law, a report to law enforcement is required when an adult knows or should have reasonably known that a juvenile has been or is the victim of a violent offense, sexual offense, or misdemeanor child abuse. No relationship between the child and the perpetrator is necessary to trigger the new reporting obligation. Failure to report is a criminal offense and the law provides civil and criminal immunity for reports made in good faith.

Unlike existing child abuse reporting obligations under G.S. 7B-101, the new law does not impose a reporting obligation on the school system itself; the obligation extends only to individuals. Therefore, boards are not required to include this reporting requirement in policy or to otherwise enforce the reporting requirement. NCSBA nevertheless encourages boards to address the matter in policy as part of the board’s broader efforts toward keeping students safe. Accordingly, policy 4240/7312 has been updated to add this new reporting requirement and made it applicable to all employees, contractors, and volunteers.

Child Sexual Abuse and Sex Trafficking Training Program (G.S. 115C-375.20)

Beginning January 1, 2020, LEAs must adopt and implement a child sexual abuse and sex trafficking training program for school personnel who work directly with students in grades K-12. Such school personnel must receive two hours of training in even-numbered years beginning with the 2020-2021 school year. (Presumably the training must be provided by the end of the calendar year of the first semester of the 2020-2021 school year to meet the requirement that the training be provided in “even-numbered years.”) “School personnel” is defined to mean teachers, instructional support personnel, principals, and assistant principals, though boards have discretion to expand that definition to include other school employees who work directly with students in grades K-12.

The required components of the training program are specified in the law and include the following: best practices from the field of prevention; the grooming process of sexual predators; warning signs of sexual abuse and sex trafficking; intervention strategies; legal responsibilities for reporting; and available resources for assistance. Training may be provided by local nongovernmental organizations with expertise in the area, local law enforcement officers, or other officers of the court.

The board is not legally required to address the training program in board policy. However, NCSBA believes it is advisable to do so and to require in board policy that school personnel participate in the training. Accordingly, policy 4240/7312 has been updated to add the specified training program requirements and to require designated school personnel to participate in the training.

Dr. Brian Weaver will answer any questions you may have.

A motion is in order to approve the 43 policies listed below.

A motion is in order to approve the consent document regarding destruction of records as outlined in the 2019 Local Government Agencies General Records Retention and Disposition Schedule.

Fall 2019 PLS Updates (second-read approval)
1200	Governing Principle – Student Success
1310/4002	Parental Involvement
1400	Governing Principle – School Initiatives
1500	Governing Principle – Safe, Orderly, and Inviting Environment
1700	Governing Principle – Removal of Barriers
1800	Governing Principle – Stewardship of Resources
2010	Board and Superintendent Relations
2300	Board Meetings
3102	Online Instruction
3225/4312/7320	Technology Responsible Use
3620	Extracurricular Activities and Student Organizations
4040/7310	Staff-Student Relations
4240/7312	Child Abuse and Related Threats to Child Safety
4270/6145	Concussion and Head Injury
4325	Drugs and Alcohol
4333	Weapons, Bomb Threats, Terrorist Threats, and Clear Threats to Safety
4334/5035/7345 NEW	Use of Unmanned Aircraft (Drones)
4400	Attendance
4700	Student Records
5015	School Volunteers
5070/7350	Public Records – Retention, Release, and Disposition
5071/7351	Electronically Stored Information Retention
5210	Distribution and Display of Non-School Material
5220	Collections and Solicitations
6120	Student Health Services
6125	Administering Medicines to Students
6140	Student Wellness
6220	Operation of School Nutrition Services
6230	School Meal and Competitive Foods Standards
6305	Safety and Student Transportation Services
6315	Drivers
6420	Contracts with the Board
7100	Recruitment and Selection of Personnel
7130	Licensure
7240	Drug-Free and Alcohol-Free Workplace
7241	Drug and Alcohol Testing of Commercial Motor Vehicle Operators
7360/8225 NEW	Crowdfunding on Behalf of the School System
7410	Teacher Contracts
7430	Substitute Teachers
7820	Personnel Files
8220	Gifts and Bequests
8340	Insurance
8350	Fixed Assets Inventory